Florida Senate - 2018                       CS for CS for SB 620
       
       
        
       By the Committees on Appropriations; and Commerce and Tourism;
       and Senators Passidomo, Young, Steube, and Campbell
       
       
       
       
       576-04097-18                                           2018620c2
    1                        A bill to be entitled                      
    2         An act relating to taxation; amending s. 28.241, F.S.;
    3         specifying that certain filing fees for trial and
    4         appellate proceedings must be deposited into the State
    5         Courts Revenue Trust Fund rather than the General
    6         Revenue Fund; amending s. 159.621, F.S.; providing a
    7         documentary stamp tax exemption for notes and
    8         mortgages that are given in connection with a loan
    9         made by or on behalf of a housing financing authority;
   10         providing requirements for the exemption; revising
   11         applicability; creating s. 193.0237, F.S.; defining
   12         terms; prohibiting separate ad valorem taxes or non-ad
   13         valorem assessments against the land upon which a
   14         multiple parcel building is located; specifying
   15         requirements for property appraisers in allocating the
   16         value of land containing a multiple parcel building
   17         among the parcels; providing that a condominium,
   18         timeshare, or cooperative may be created within a
   19         parcel in a multiple parcel building; specifying the
   20         allocation of land value to the assessed value of
   21         parcels containing condominiums and of parcels
   22         containing cooperatives; requiring that each parcel in
   23         a multiple parcel building be assigned a tax folio
   24         number; providing an exception; providing construction
   25         relating to the survival and enforceability of
   26         recorded instrument provisions affecting a certain
   27         parcel in a multiple parcel building; providing
   28         applicability; creating s. 193.4516, F.S.; specifying
   29         a limitation on ad valorem tax assessments for
   30         tangible personal property that is owned and operated
   31         by a citrus fruit packing or processing facility and
   32         that is unused due to the effects of a certain
   33         hurricane or to citrus greening; defining the term
   34         “citrus”; providing applicability; amending s.
   35         193.461, F.S.; providing that certain lands classified
   36         for assessment purposes as agricultural lands which
   37         are not being used for agricultural production must
   38         continue to be classified as agricultural lands until
   39         a specified date; providing construction; providing
   40         applicability; amending s. 196.173, F.S.; revising the
   41         military operations that qualify certain
   42         servicemembers for an additional ad valorem tax
   43         exemption; amending s. 196.24, F.S.; deleting a
   44         condition for unremarried spouses of deceased disabled
   45         ex-servicemembers to claim a certain ad valorem tax
   46         exemption; amending s. 197.3631, F.S.; specifying
   47         requirements for the levy and allocation of non-ad
   48         valorem assessments on land containing a multiple
   49         parcel building; defining the terms “multiple parcel
   50         building” and “parcel”; amending s. 197.572, F.S.;
   51         providing that easements supporting improvements that
   52         may be constructed above lands survive tax sales and
   53         tax deeds of such lands; amending s. 197.573, F.S.;
   54         specifying that a provision relating to the survival
   55         and enforceability of restrictions and covenants after
   56         a tax sale applies to recorded instruments other than
   57         deeds; revising covenants that are excluded from
   58         applicability; amending s. 201.02, F.S.; providing a
   59         documentary stamp tax exemption for certain
   60         instruments transferring or conveying homestead
   61         property interests between spouses; providing
   62         applicability; defining the term “homestead property”;
   63         creating s. 201.25, F.S.; providing exemptions from
   64         documentary stamp taxes for certain loans made by the
   65         Florida Small Business Emergency Bridge Loan Program
   66         and the Agricultural Economic Development Program;
   67         amending s. 206.9952, F.S.; conforming provisions to
   68         changes made by the act; amending s. 206.9955, F.S.;
   69         delaying the effective date of certain taxes on
   70         natural gas fuel; revising the calculation of certain
   71         taxes by the Department of Revenue; amending s.
   72         206.996, F.S.; conforming a provision to changes made
   73         by the act; creating s. 210.205, F.S.; requiring the
   74         H. Lee Moffitt Cancer Center and Research Institute to
   75         annually report information regarding the expenditure
   76         of cigarette tax distributions to the Office of
   77         Economic and Demographic Research; amending s.
   78         212.031, F.S.; reducing the tax levied on rental or
   79         license fees charged for the use of real property;
   80         amending s. 212.055, F.S.; revising the definition of
   81         the term “infrastructure” for purposes of the local
   82         government infrastructure surtax; amending s. 212.08,
   83         F.S.; revising, at specified timeframes, the total
   84         amount of community contribution tax credits which may
   85         be granted; providing an exemption from the sales and
   86         use tax for certain tangible personal property donated
   87         to certain s. 501(c)(3) organizations; defining the
   88         term “donate”; revising applicability of a sales and
   89         use tax exemption for certain charges for electricity
   90         and steam uses; defining the term “NAICS”; providing a
   91         sales and use tax exemption for recycling roll off
   92         containers used by certain businesses for certain
   93         purposes; defining the term “NAICS”; amending s.
   94         212.12, F.S.; requiring the department to make
   95         available the tax amounts and brackets applicable to
   96         transactions subject to the sales tax on commercial
   97         leases of real property; creating s. 212.205, F.S.;
   98         requiring certain recipients of sales tax
   99         distributions to annually report information related
  100         to expenditures of those distributions to the Office
  101         of Economic and Demographic Research; creating s.
  102         218.135, F.S.; requiring the Legislature to
  103         appropriate funds to offset reductions in ad valorem
  104         taxes as a result of certain assessment limitations on
  105         the value of certain citrus packing and processing
  106         equipment; specifying requirements for such counties
  107         and jurisdictions in applying to participate in the
  108         distribution; specifying the calculation of such
  109         reductions; providing for a reversion of a share of
  110         funds if such county or jurisdiction fails to apply;
  111         providing an appropriation; amending s. 220.183, F.S.;
  112         revising, at specified timeframes, the total amount of
  113         community contribution tax credits that may be
  114         granted; amending s. 220.1845, F.S.; increasing, for a
  115         specified fiscal year, the total amount of
  116         contaminated site rehabilitation tax credits; amending
  117         s. 318.14, F.S.; providing a specified reduction in
  118         civil penalty for persons who are cited for certain
  119         noncriminal traffic infractions and who elect to
  120         attend a certain driver improvement course; deleting
  121         the requirement that a specified percentage of the
  122         civil penalty be deposited in the State Courts Revenue
  123         Trust Fund; amending s. 318.15, F.S.; conforming a
  124         provision to changes made by the act; amending s.
  125         320.08, F.S.; revising a condition under which certain
  126         truck tractors and heavy trucks used for certain
  127         purposes are eligible for specified license plate
  128         fees; amending s. 376.30781, F.S.; increasing, for a
  129         specified fiscal year, the total amount of tax credits
  130         for the rehabilitation of drycleaning-solvent
  131         contaminated sites and brownfield sites in designated
  132         brownfield areas; amending s. 624.5105, F.S.;
  133         revising, at specified timeframes, the total amount of
  134         community contribution tax credits that may be
  135         granted; amending s. 741.01, F.S.; providing for a
  136         certain fee paid to the clerk of the circuit court for
  137         the issuance of a marriage license to be deposited
  138         into the State Courts Revenue Trust Fund rather than
  139         the General Revenue Fund; providing sales tax
  140         exemptions for the retail sale of certain clothing and
  141         school supplies during a specified timeframe; defining
  142         terms; providing exceptions; authorizing certain
  143         dealers to opt out of participating in such tax
  144         exemption; providing requirements for such dealers;
  145         authorizing the department to adopt emergency rules;
  146         providing an appropriation; providing a sales tax
  147         exemption for specified disaster preparedness supplies
  148         during a specified timeframe; authorizing the
  149         department to adopt emergency rules; providing
  150         exceptions to the exemption; providing an
  151         appropriation; providing a sales tax exemption, during
  152         a specified timeframe, for certain equipment used to
  153         generate emergency electric energy in nursing homes
  154         and assisted living facilities; requiring a purchaser
  155         to provide a dealer with a specified affidavit;
  156         specifying a limit to the exemption; providing
  157         procedures and requirements for filing applications
  158         for a refund of previously paid taxes; providing
  159         penalties for the furnishing of false affidavits;
  160         providing rulemaking authority to the department;
  161         providing construction; providing retroactive
  162         operation; providing a sales tax exemption for certain
  163         fencing materials used in agriculture during a
  164         specified timeframe; providing procedures and
  165         requirements for filing applications for the refund of
  166         previously paid taxes; providing penalties for the
  167         furnishing of false affidavits; providing rulemaking
  168         authority to the department; providing construction;
  169         providing retroactive applicability; providing a sales
  170         tax exemption for certain building materials used to
  171         repair nonresidential farm buildings and purchased
  172         during a specified timeframe; defining terms;
  173         providing procedures and requirements for filing
  174         applications for a refund of taxes previously paid;
  175         providing penalties for the furnishing of false
  176         affidavits; providing rulemaking authority to the
  177         department; providing construction; providing
  178         retroactive applicability; providing an exemption from
  179         taxes on fuel used for agricultural shipment and
  180         purchased and used during a specified timeframe;
  181         defining terms; providing procedures and requirements
  182         for filing applications for a refund of previously
  183         paid taxes; providing penalties for the furnishing of
  184         false affidavits; providing applicability of a certain
  185         tax; providing rulemaking authority to the department;
  186         providing construction; providing retroactive
  187         applicability; amending s. 193.155, F.S.; providing
  188         that an owner of homestead property that was
  189         significantly damaged or destroyed as a result of a
  190         named tropical storm or hurricane may elect to have
  191         such property deemed abandoned, for the purpose of
  192         receiving a certain assessment reduction, if the owner
  193         establishes a new homestead property by a specified
  194         date; providing retroactive applicability; amending s.
  195         163.01, F.S.; specifying the applicability of a
  196         certain tax exemption for property located within or
  197         outside the jurisdiction of specified legal entities
  198         created under the Florida Interlocal Cooperation Act
  199         of 1969; amending s. 206.052, F.S.; exempting certain
  200         terminal suppliers from paying the motor fuel tax
  201         under specified circumstances; creating s. 206.9826,
  202         F.S.; providing that certain air carriers are entitled
  203         to receive a specified refund on purchased aviation
  204         fuel; specifying a limitation on such refund;
  205         providing applicability; providing an appropriation;
  206         providing effective dates.
  207          
  208  Be It Enacted by the Legislature of the State of Florida:
  209  
  210         Section 1. Effective January 1, 2019, subsection (6) of
  211  section 28.241, Florida Statutes, is amended to read:
  212         28.241 Filing fees for trial and appellate proceedings.—
  213         (6) From each attorney appearing pro hac vice, the clerk of
  214  the circuit court shall collect a fee of $100 for deposit into
  215  the State Courts Revenue Trust Fund General Revenue Fund.
  216         Section 2. Section 159.621, Florida Statutes, is amended to
  217  read:
  218         159.621 Housing bonds exempted from taxation; notes and
  219  mortgages exempted from excise tax on documents.—
  220         (1) The bonds of a housing finance authority issued under
  221  this act, together with all notes, mortgages, security
  222  agreements, letters of credit, or other instruments which arise
  223  out of or are given to secure the repayment of bonds issued in
  224  connection with the financing of any housing development under
  225  this part, as well as the interest thereon and income therefrom,
  226  shall be exempt from all taxes.
  227         (2)Any note or mortgage given in connection with a loan
  228  made by or on behalf of a housing finance authority under s.
  229  159.608(8) is exempt from the excise tax on documents under
  230  chapter 201 if, at the time the note or mortgage is recorded,
  231  the housing finance authority records an affidavit signed by an
  232  agent of the housing authority which affirms that the loan was
  233  made by or on behalf of the housing finance authority. The
  234  documentation must be in the form of an affidavit or letter from
  235  the housing finance authority and signed by the agent of the
  236  authority. The affidavit or letter must be recorded with the
  237  mortgage.
  238  
  239  The exemptions exemption granted by this section do not apply
  240  shall not be applicable to any tax imposed by chapter 220 on
  241  interest, income, or profits on debt obligations owned by
  242  corporations or to a deed for property financed by a housing
  243  finance authority.
  244         Section 3. Effective upon this act becoming a law, section
  245  193.0237, Florida Statutes, is created to read:
  246         193.0237Assessment of multiple parcel buildings.—
  247         (1)As used in this section, the term:
  248         (a)“Multiple parcel building” means a building, other than
  249  a building consisting entirely of a single condominium,
  250  timeshare, or cooperative, which contains separate parcels that
  251  are vertically located, in whole or in part, on or over the same
  252  land.
  253         (b)“Parcel” means a portion of a multiple parcel building
  254  which is identified in a recorded instrument by a legal
  255  description that is sufficient for record ownership and
  256  conveyance by deed separately from any other portion of the
  257  building.
  258         (c)“Recorded instrument” means a declaration, covenant,
  259  easement, deed, plat, agreement, or other legal instrument,
  260  other than a lease, mortgage, or lien, which describes one or
  261  more parcels in a multiple parcel building and which is recorded
  262  in the public records of the county where the multiple parcel
  263  building is located.
  264         (2)The value of land upon which a multiple parcel building
  265  is located, regardless of ownership, may not be separately
  266  assessed and must be allocated among and included in the just
  267  value of all the parcels in the multiple parcel building as
  268  provided in subsection (3).
  269         (3)The property appraiser, for assessment purposes, must
  270  allocate all of the just value of the land among the parcels in
  271  a multiple parcel building in the same proportion that the just
  272  value of the improvements in each parcel bears to the total just
  273  value of all the improvements in the entire multiple parcel
  274  building.
  275         (4)A condominium, timeshare, or cooperative may be created
  276  within a parcel in a multiple parcel building. Any land value
  277  allocated to the just value of a parcel containing a condominium
  278  must be further allocated among the condominium units in that
  279  parcel in the manner required in s. 193.023(5). Any land value
  280  allocated to the just value of a parcel containing a cooperative
  281  must be further allocated among the cooperative units in that
  282  parcel in the manner required in s. 719.114.
  283         (5)Each parcel in a multiple parcel building must be
  284  assigned a separate tax folio number. However, if a condominium
  285  or cooperative is created within any such parcel, a separate tax
  286  folio number must be assigned to each condominium unit or
  287  cooperative unit, rather than to the parcel in which it was
  288  created.
  289         (6)All provisions of a recorded instrument affecting a
  290  parcel in a multiple parcel building, which parcel has been sold
  291  for taxes or special assessments, survive and are enforceable
  292  after the issuance of a tax deed or master’s deed, or upon
  293  foreclosure of an assessment, a certificate or lien, a tax deed,
  294  a tax certificate, or a tax lien, to the same extent that such
  295  provisions would be enforceable against a voluntary grantee of
  296  the title immediately before the delivery of the tax deed,
  297  master’s deed, or clerk’s certificate of title as provided in s.
  298  197.573.
  299         (7)This section applies to any land on which a multiple
  300  parcel building is substantially completed as of January 1 of
  301  the respective assessment year. This section applies to
  302  assessments beginning in the 2018 calendar year.
  303         Section 4. Section 193.4516, Florida Statutes, is created
  304  to read:
  305         193.4516Assessment of citrus fruit packing and processing
  306  equipment rendered unused due to Hurricane Irma or citrus
  307  greening.—
  308         (1)For purposes of ad valorem taxation, and applying to
  309  the 2018 tax roll only, tangible personal property owned and
  310  operated by a citrus fruit packing or processing facility is
  311  deemed to have a market value no greater than its value for
  312  salvage, provided the tangible personal property is no longer
  313  used in the operation of the facility due to the effects of
  314  Hurricane Irma or to citrus greening.
  315         (2)As used in this section, the term “citrus” has the same
  316  meaning as provided in s. 581.011(7).
  317         Section 5. The creation by this act of s. 193.4516, Florida
  318  Statutes, applies to the 2018 property tax roll.
  319         Section 6. Subsection (8) is added to section 193.461,
  320  Florida Statutes, to read:
  321         193.461 Agricultural lands; classification and assessment;
  322  mandated eradication or quarantine program.—
  323         (8) Lands classified for assessment purposes as
  324  agricultural lands, which are not being used for agricultural
  325  production due to a hurricane that made landfall in this state
  326  during calendar year 2017, must continue to be classified as
  327  agricultural lands for assessment purposes through December 31,
  328  2022, unless the lands are converted to a nonagricultural use.
  329  Lands converted to nonagricultural use are not covered by this
  330  subsection and must be assessed as otherwise provided by law.
  331         Section 7. The amendment made by this act to s. 193.461,
  332  Florida Statutes, applies to the 2018 property tax roll.
  333         Section 8. Subsection (2) of section 196.173, Florida
  334  Statutes, is amended to read:
  335         196.173 Exemption for deployed servicemembers.—
  336         (2) The exemption is available to servicemembers who were
  337  deployed during the preceding calendar year on active duty
  338  outside the continental United States, Alaska, or Hawaii in
  339  support of any of the following military operations:
  340         (a) Operation Joint Task Force Bravo, which began in 1995.
  341         (b) Operation Joint Guardian, which began on June 12, 1999.
  342         (c) Operation Noble Eagle, which began on September 15,
  343  2001.
  344         (d) Operation Enduring Freedom, which began on October 7,
  345  2001, and ended on December 31, 2014.
  346         (e) Operations in the Balkans, which began in 2004.
  347         (f) Operation Nomad Shadow, which began in 2007.
  348         (g) Operation U.S. Airstrikes Al Qaeda in Somalia, which
  349  began in January 2007.
  350         (h) Operation Copper Dune, which began in 2009.
  351         (i) Operation Georgia Deployment Program, which began in
  352  August 2009.
  353         (j)Operation New Dawn, which began on September 1, 2010,
  354  and ended on December 15, 2011.
  355         (k)Operation Odyssey Dawn, which began on March 19, 2011,
  356  and ended on October 31, 2011.
  357         (j)(l) Operation Spartan Shield, which began in June 2011.
  358         (k)(m) Operation Observant Compass, which began in October
  359  2011.
  360         (l)(n) Operation Inherent Resolve, which began on August 8,
  361  2014.
  362         (m)(o) Operation Atlantic Resolve, which began in April
  363  2014.
  364         (n)(p) Operation Freedom’s Sentinel, which began on January
  365  1, 2015.
  366         (o)(q) Operation Resolute Support, which began in January
  367  2015.
  368  
  369  The Department of Revenue shall notify all property appraisers
  370  and tax collectors in this state of the designated military
  371  operations.
  372         Section 9. Subsection (1) of section 196.24, Florida
  373  Statutes, is amended to read:
  374         196.24 Exemption for disabled ex-servicemember or surviving
  375  spouse; evidence of disability.—
  376         (1) Any ex-servicemember, as defined in s. 196.012, who is
  377  a bona fide resident of the state, who was discharged under
  378  honorable conditions, and who has been disabled to a degree of
  379  10 percent or more by misfortune or while serving during a
  380  period of wartime service as defined in s. 1.01(14) is entitled
  381  to the exemption from taxation provided for in s. 3(b), Art. VII
  382  of the State Constitution as provided in this section. Property
  383  to the value of $5,000 of such a person is exempt from taxation.
  384  The production by him or her of a certificate of disability from
  385  the United States Government or the United States Department of
  386  Veterans Affairs or its predecessor before the property
  387  appraiser of the county wherein the ex-servicemember’s property
  388  lies is prima facie evidence of the fact that he or she is
  389  entitled to the exemption. The unremarried surviving spouse of
  390  such a disabled ex-servicemember who, on the date of the
  391  disabled ex-servicemember’s death, had been married to the
  392  disabled ex-servicemember for at least 5 years is also entitled
  393  to the exemption.
  394         Section 10. Effective upon this act becoming a law, section
  395  197.3631, Florida Statutes, is amended to read:
  396         197.3631 Non-ad valorem assessments; general provisions.—
  397         (1) Non-ad valorem assessments as defined in s. 197.3632
  398  may be collected pursuant to the method provided for in ss.
  399  197.3632 and 197.3635. Non-ad valorem assessments may also be
  400  collected pursuant to any alternative method which is authorized
  401  by law, but such alternative method shall not require the tax
  402  collector or property appraiser to perform those services as
  403  provided for in ss. 197.3632 and 197.3635. However, a property
  404  appraiser or tax collector may contract with a local government
  405  to supply information and services necessary for any such
  406  alternative method. Section 197.3632 is additional authority for
  407  local governments to impose and collect non-ad valorem
  408  assessments supplemental to the home rule powers pursuant to ss.
  409  125.01 and 166.021 and chapter 170, or any other law. Any county
  410  operating under a charter adopted pursuant to s. 11, Art. VIII
  411  of the Constitution of 1885, as amended, as referred to in s.
  412  6(e), Art. VIII of the Constitution of 1968, as amended, may use
  413  any method authorized by law for imposing and collecting non-ad
  414  valorem assessments.
  415         (2)For non-ad valorem special assessments based on the
  416  size or area of the land containing a multiple parcel building,
  417  regardless of ownership, the special assessment must be levied
  418  on and allocated among all the parcels in the multiple parcel
  419  building on the same basis that the land value is allocated
  420  among the parcels in s. 193.0237(3). For non-ad valorem
  421  assessments not based on the size or area of the land, each
  422  parcel in the multiple parcel building shall be subject to a
  423  separate assessment. For purposes of this subsection, the terms
  424  “multiple parcel building” and “parcel” have the meanings as
  425  provided in s. 193.0237(1).
  426         Section 11. Effective upon this act becoming a law, section
  427  197.572, Florida Statutes, is amended to read:
  428         197.572 Easements for conservation purposes, or for public
  429  service purposes, support of certain improvements, or for
  430  drainage or ingress and egress survive tax sales and deeds.—When
  431  any lands are sold for the nonpayment of taxes, or any tax
  432  certificate is issued thereon by a governmental unit or agency
  433  or pursuant to any tax lien foreclosure proceeding, the title to
  434  the lands shall continue to be subject to any easement for
  435  conservation purposes as provided in s. 704.06 or for telephone,
  436  telegraph, pipeline, power transmission, or other public service
  437  purpose; and shall continue to be subject to any easement that
  438  supports improvements that may be constructed above the lands;
  439  and any easement for the purposes of drainage or of ingress and
  440  egress to and from other land. The easement and the rights of
  441  the owner of it shall survive and be enforceable after the
  442  execution, delivery, and recording of a tax deed, a master’s
  443  deed, or a clerk’s certificate of title pursuant to foreclosure
  444  of a tax deed, tax certificate, or tax lien, to the same extent
  445  as though the land had been conveyed by voluntary deed. The
  446  easement must be evidenced by written instrument recorded in the
  447  office of the clerk of the circuit court in the county where
  448  such land is located before the recording of such tax deed or
  449  master’s deed, or, if not recorded, an easement for a public
  450  service purpose must be evidenced by wires, poles, or other
  451  visible occupation, an easement for drainage must be evidenced
  452  by a waterway, water bed, or other visible occupation, and an
  453  easement for the purpose of ingress and egress must be evidenced
  454  by a road or other visible occupation to be entitled to the
  455  benefit of this section; however, this shall apply only to tax
  456  deeds issued after the effective date of this act.
  457         Section 12. Effective upon this act becoming a law,
  458  subsections (1) and (2) of section 197.573, Florida Statutes,
  459  are amended to read:
  460         197.573 Survival of restrictions and covenants after tax
  461  sale.—
  462         (1) When a deed or other recorded instrument in the chain
  463  of title contains restrictions and covenants running with the
  464  land, as hereinafter defined and limited, the restrictions and
  465  covenants shall survive and be enforceable after the issuance of
  466  a tax deed or master’s deed, or a clerk’s certificate of title
  467  upon foreclosure of a tax deed, tax certificate, or tax lien, to
  468  the same extent that it would be enforceable against a voluntary
  469  grantee of the owner of the title immediately before the
  470  delivery of the tax deed, master’s deed, or clerk’s certificate
  471  of title.
  472         (2) This section applies shall apply to the usual
  473  restrictions and covenants limiting the use of property; the
  474  type, character and location of building; covenants against
  475  nuisances and what the former parties deemed to be undesirable
  476  conditions, in, upon, and about the property; and other similar
  477  restrictions and covenants; but this section does shall not
  478  protect covenants that:
  479         (a)Create creating any debt or lien against or upon the
  480  property, except one providing for satisfaction or survival of a
  481  lien of record held by a municipal or county governmental unit,
  482  or one providing a lien for assessments accruing after such tax
  483  deed, master’s deed, or clerk’s certificate of title to a
  484  condominium association, homeowners’ association, property
  485  owners’ association, or person having assessment powers under
  486  such covenants; or
  487         (b)Require requiring the grantee to expend money for any
  488  purpose, except one that may require that the premises be kept
  489  in a sanitary or sightly condition or one to abate nuisances or
  490  undesirable conditions.
  491         Section 13. Subsection (7) of section 201.02, Florida
  492  Statutes, is amended to read:
  493         201.02 Tax on deeds and other instruments relating to real
  494  property or interests in real property.—
  495         (7) Taxes imposed by this section do not apply to:
  496         (a) A deed, transfer, or conveyance between spouses or
  497  former spouses pursuant to an action for dissolution of their
  498  marriage wherein the real property is or was their marital home
  499  or an interest therein. Taxes paid pursuant to this section
  500  shall be refunded in those cases in which a deed, transfer, or
  501  conveyance occurred 1 year before a dissolution of marriage.
  502  This paragraph subsection applies in spite of any consideration
  503  as defined in subsection (1). This paragraph subsection does not
  504  apply to a deed, transfer, or conveyance executed before July 1,
  505  1997.
  506         (b)A deed or other instrument that transfers or conveys
  507  homestead property or any interest in homestead property between
  508  spouses, if the only consideration for the transfer or
  509  conveyance is the amount of a mortgage or other lien encumbering
  510  the homestead property at the time of the transfer or conveyance
  511  and if the deed or other instrument is recorded within 1 year
  512  after the date of the marriage. This paragraph applies to
  513  transfers or conveyances from one spouse to another, from one
  514  spouse to both spouses, or from both spouses to one spouse. For
  515  the purpose of this paragraph, the term “homestead property” has
  516  the same meaning as the term “homestead” as defined in s.
  517  192.001.
  518         Section 14. Section 201.25, Florida Statutes, is created to
  519  read:
  520         201.25 Tax exemptions for certain loans.—There shall be
  521  exempt from all taxes imposed by this chapter:
  522         (1) Any loan made by the Florida Small Business Emergency
  523  Bridge Loan Program in response to a disaster that results in a
  524  state of emergency declared by executive order or proclamation
  525  of the Governor pursuant to s. 252.36.
  526         (2) Any loan made by the Agricultural Economic Development
  527  Program pursuant to s. 570.82.
  528         Section 15. Subsections (3) and (8) of section 206.9952,
  529  Florida Statutes, are amended to read:
  530         206.9952 Application for license as a natural gas fuel
  531  retailer.—
  532         (3)(a) Any person who acts as a natural gas retailer and
  533  does not hold a valid natural gas fuel retailer license shall
  534  pay a penalty of $200 for each month of operation without a
  535  license. This paragraph expires December 31, 2023 2018.
  536         (b) Effective January 1, 2024 2019, any person who acts as
  537  a natural gas fuel retailer and does not hold a valid natural
  538  gas fuel retailer license shall pay a penalty of 25 percent of
  539  the tax assessed on the total purchases made during the
  540  unlicensed period.
  541         (8) With the exception of a state or federal agency or a
  542  political subdivision licensed under this chapter, each person,
  543  as defined in this part, who operates as a natural gas fuel
  544  retailer shall report monthly to the department and pay a tax on
  545  all natural gas fuel purchases beginning January 1, 2024 2019.
  546         Section 16. Subsection (2) of section 206.9955, Florida
  547  Statutes, is amended to read:
  548         206.9955 Levy of natural gas fuel tax.—
  549         (2) Effective January 1, 2024 2019, the following taxes
  550  shall be imposed:
  551         (a) An excise tax of 4 cents upon each motor fuel
  552  equivalent gallon of natural gas fuel.
  553         (b) An additional tax of 1 cent upon each motor fuel
  554  equivalent gallon of natural gas fuel, which is designated as
  555  the “ninth-cent fuel tax.”
  556         (c) An additional tax of 1 cent on each motor fuel
  557  equivalent gallon of natural gas fuel by each county, which is
  558  designated as the “local option fuel tax.”
  559         (d) An additional tax on each motor fuel equivalent gallon
  560  of natural gas fuel, which is designated as the “State
  561  Comprehensive Enhanced Transportation System Tax,” at a rate
  562  determined pursuant to this paragraph. Before January 1, 2024,
  563  and each year thereafter Each calendar year, the department
  564  shall determine the tax rate applicable to the sale of natural
  565  gas fuel for the following 12-month period beginning January 1,
  566  rounded to the nearest tenth of a cent, by adjusting the
  567  initially established tax rate of 5.8 cents per gallon by the
  568  percentage change in the average of the Consumer Price Index
  569  issued by the United States Department of Labor for the most
  570  recent 12-month period ending September 30, compared to the base
  571  year average, which is the average for the 12-month period
  572  ending September 30, 2013.
  573         (e)1. An additional tax is imposed on each motor fuel
  574  equivalent gallon of natural gas fuel for the privilege of
  575  selling natural gas fuel. Before January 1, 2024, and each year
  576  thereafter Each calendar year, the department shall determine
  577  the tax rate applicable to the sale of natural gas fuel, rounded
  578  to the nearest tenth of a cent, for the following 12-month
  579  period beginning January 1,. The tax rate is calculated by
  580  adjusting the initially established tax rate of 9.2 cents per
  581  gallon by the percentage change in the average of the Consumer
  582  Price Index issued by the United States Department of Labor for
  583  the most recent 12-month period ending September 30, compared to
  584  the base year average, which is the average for the 12-month
  585  period ending September 30, 2013.
  586         2. The department is authorized to adopt rules and publish
  587  forms to administer this paragraph.
  588         Section 17. Subsection (1) of section 206.996, Florida
  589  Statutes, is amended to read:
  590         206.996 Monthly reports by natural gas fuel retailers;
  591  deductions.—
  592         (1) For the purpose of determining the amount of taxes
  593  imposed by s. 206.9955, each natural gas fuel retailer shall
  594  file beginning with February 2024 2019, and each month
  595  thereafter, no later than the 20th day of each month, monthly
  596  reports electronically with the department showing information
  597  on inventory, purchases, nontaxable disposals, taxable uses, and
  598  taxable sales in gallons of natural gas fuel for the preceding
  599  month. However, if the 20th day of the month falls on a
  600  Saturday, Sunday, or federal or state legal holiday, a return
  601  must be accepted if it is electronically filed on the next
  602  succeeding business day. The reports must include, or be
  603  verified by, a written declaration stating that such report is
  604  made under the penalties of perjury. The natural gas fuel
  605  retailer shall deduct from the amount of taxes shown by the
  606  report to be payable an amount equivalent to 0.67 percent of the
  607  taxes on natural gas fuel imposed by s. 206.9955(2)(a) and (e),
  608  which deduction is allowed to the natural gas fuel retailer to
  609  compensate it for services rendered and expenses incurred in
  610  complying with the requirements of this part. This allowance is
  611  not deductible unless payment of applicable taxes is made on or
  612  before the 20th day of the month. This subsection may not be
  613  construed as authorizing a deduction from the constitutional
  614  fuel tax or the fuel sales tax.
  615         Section 18. Section 210.205, Florida Statutes, is created
  616  to read:
  617         210.205Cigarette tax distribution reporting.—By March 15
  618  of each year, each entity that received a distribution pursuant
  619  to s. 210.20(2)(b) in the preceding calendar year shall report
  620  to the Office of Economic and Demographic Research the following
  621  information:
  622         (1)An itemized accounting of all expenditures of the funds
  623  distributed in the preceding calendar year, including amounts
  624  spent on debt service.
  625         (2)A statement indicating what portion of the distributed
  626  funds have been pledged for debt service.
  627         (3)The original principal amount and current debt service
  628  schedule of any bonds or other borrowing for which the
  629  distributed funds have been pledged for debt service.
  630         Section 19. Effective January 1, 2019, paragraphs (c) and
  631  (d) of subsection (1) of section 212.031, Florida Statutes, are
  632  amended to read:
  633         212.031 Tax on rental or license fee for use of real
  634  property.—
  635         (1)
  636         (c) For the exercise of such privilege, a tax is levied at
  637  the rate of 5.7 5.8 percent of and on the total rent or license
  638  fee charged for such real property by the person charging or
  639  collecting the rental or license fee. The total rent or license
  640  fee charged for such real property shall include payments for
  641  the granting of a privilege to use or occupy real property for
  642  any purpose and shall include base rent, percentage rents, or
  643  similar charges. Such charges shall be included in the total
  644  rent or license fee subject to tax under this section whether or
  645  not they can be attributed to the ability of the lessor’s or
  646  licensor’s property as used or operated to attract customers.
  647  Payments for intrinsically valuable personal property such as
  648  franchises, trademarks, service marks, logos, or patents are not
  649  subject to tax under this section. In the case of a contractual
  650  arrangement that provides for both payments taxable as total
  651  rent or license fee and payments not subject to tax, the tax
  652  shall be based on a reasonable allocation of such payments and
  653  shall not apply to that portion which is for the nontaxable
  654  payments.
  655         (d) When the rental or license fee of any such real
  656  property is paid by way of property, goods, wares, merchandise,
  657  services, or other thing of value, the tax shall be at the rate
  658  of 5.7 5.8 percent of the value of the property, goods, wares,
  659  merchandise, services, or other thing of value.
  660         Section 20. Paragraph (d) of subsection (2) of section
  661  212.055, Florida Statutes, is amended to read:
  662         212.055 Discretionary sales surtaxes; legislative intent;
  663  authorization and use of proceeds.—It is the legislative intent
  664  that any authorization for imposition of a discretionary sales
  665  surtax shall be published in the Florida Statutes as a
  666  subsection of this section, irrespective of the duration of the
  667  levy. Each enactment shall specify the types of counties
  668  authorized to levy; the rate or rates which may be imposed; the
  669  maximum length of time the surtax may be imposed, if any; the
  670  procedure which must be followed to secure voter approval, if
  671  required; the purpose for which the proceeds may be expended;
  672  and such other requirements as the Legislature may provide.
  673  Taxable transactions and administrative procedures shall be as
  674  provided in s. 212.054.
  675         (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
  676         (d) The proceeds of the surtax authorized by this
  677  subsection and any accrued interest shall be expended by the
  678  school district, within the county and municipalities within the
  679  county, or, in the case of a negotiated joint county agreement,
  680  within another county, to finance, plan, and construct
  681  infrastructure; to acquire any interest in land for public
  682  recreation, conservation, or protection of natural resources or
  683  to prevent or satisfy private property rights claims resulting
  684  from limitations imposed by the designation of an area of
  685  critical state concern; to provide loans, grants, or rebates to
  686  residential or commercial property owners who make energy
  687  efficiency improvements to their residential or commercial
  688  property, if a local government ordinance authorizing such use
  689  is approved by referendum; or to finance the closure of county
  690  owned or municipally owned solid waste landfills that have been
  691  closed or are required to be closed by order of the Department
  692  of Environmental Protection. Any use of the proceeds or interest
  693  for purposes of landfill closure before July 1, 1993, is
  694  ratified. The proceeds and any interest may not be used for the
  695  operational expenses of infrastructure, except that a county
  696  that has a population of fewer than 75,000 and that is required
  697  to close a landfill may use the proceeds or interest for long
  698  term maintenance costs associated with landfill closure.
  699  Counties, as defined in s. 125.011, and charter counties may, in
  700  addition, use the proceeds or interest to retire or service
  701  indebtedness incurred for bonds issued before July 1, 1987, for
  702  infrastructure purposes, and for bonds subsequently issued to
  703  refund such bonds. Any use of the proceeds or interest for
  704  purposes of retiring or servicing indebtedness incurred for
  705  refunding bonds before July 1, 1999, is ratified.
  706         1. For the purposes of this paragraph, the term
  707  “infrastructure” means:
  708         a. Any fixed capital expenditure or fixed capital outlay
  709  associated with the construction, reconstruction, or improvement
  710  of public facilities that have a life expectancy of 5 or more
  711  years, any related land acquisition, land improvement, design,
  712  and engineering costs, and all other professional and related
  713  costs required to bring the public facilities into service. For
  714  purposes of this sub-subparagraph, the term “public facilities”
  715  means facilities as defined in s. 163.3164(38), s. 163.3221(13),
  716  or s. 189.012(5), and includes facilities that are necessary to
  717  carry out governmental purposes, including, but not limited to,
  718  fire stations, general governmental office buildings, and animal
  719  shelters, regardless of whether the facilities are owned by the
  720  local taxing authority or another governmental entity.
  721         b. A fire department vehicle, an emergency medical service
  722  vehicle, a sheriff’s office vehicle, a police department
  723  vehicle, or any other vehicle, and the equipment necessary to
  724  outfit the vehicle for its official use or equipment that has a
  725  life expectancy of at least 5 years.
  726         c. Any expenditure for the construction, lease, or
  727  maintenance of, or provision of utilities or security for,
  728  facilities, as defined in s. 29.008.
  729         d. Any fixed capital expenditure or fixed capital outlay
  730  associated with the improvement of private facilities that have
  731  a life expectancy of 5 or more years and that the owner agrees
  732  to make available for use on a temporary basis as needed by a
  733  local government as a public emergency shelter or a staging area
  734  for emergency response equipment during an emergency officially
  735  declared by the state or by the local government under s.
  736  252.38. Such improvements are limited to those necessary to
  737  comply with current standards for public emergency evacuation
  738  shelters. The owner must enter into a written contract with the
  739  local government providing the improvement funding to make the
  740  private facility available to the public for purposes of
  741  emergency shelter at no cost to the local government for a
  742  minimum of 10 years after completion of the improvement, with
  743  the provision that the obligation will transfer to any
  744  subsequent owner until the end of the minimum period.
  745         e. Any land acquisition expenditure for a residential
  746  housing project in which at least 30 percent of the units are
  747  affordable to individuals or families whose total annual
  748  household income does not exceed 120 percent of the area median
  749  income adjusted for household size, if the land is owned by a
  750  local government or by a special district that enters into a
  751  written agreement with the local government to provide such
  752  housing. The local government or special district may enter into
  753  a ground lease with a public or private person or entity for
  754  nominal or other consideration for the construction of the
  755  residential housing project on land acquired pursuant to this
  756  sub-subparagraph.
  757         f. Instructional technology used solely in a school
  758  district’s classrooms. As used in this sub-subparagraph, the
  759  term “instructional technology means an interactive device that
  760  assists a teacher in instructing a class or a group of students,
  761  and includes the necessary hardware and software to operate the
  762  interactive device. The term also includes support systems in
  763  which an interactive device may mount and is not required to be
  764  affixed to the facilities.
  765         2. For the purposes of this paragraph, the term “energy
  766  efficiency improvement” means any energy conservation and
  767  efficiency improvement that reduces consumption through
  768  conservation or a more efficient use of electricity, natural
  769  gas, propane, or other forms of energy on the property,
  770  including, but not limited to, air sealing; installation of
  771  insulation; installation of energy-efficient heating, cooling,
  772  or ventilation systems; installation of solar panels; building
  773  modifications to increase the use of daylight or shade;
  774  replacement of windows; installation of energy controls or
  775  energy recovery systems; installation of electric vehicle
  776  charging equipment; installation of systems for natural gas fuel
  777  as defined in s. 206.9951; and installation of efficient
  778  lighting equipment.
  779         3. Notwithstanding any other provision of this subsection,
  780  a local government infrastructure surtax imposed or extended
  781  after July 1, 1998, may allocate up to 15 percent of the surtax
  782  proceeds for deposit into a trust fund within the county’s
  783  accounts created for the purpose of funding economic development
  784  projects having a general public purpose of improving local
  785  economies, including the funding of operational costs and
  786  incentives related to economic development. The ballot statement
  787  must indicate the intention to make an allocation under the
  788  authority of this subparagraph.
  789         Section 21. Paragraph (p) of subsection (5) and paragraphs
  790  (p) and (ff) of subsection (7) of section 212.08, Florida
  791  Statutes, are amended, and paragraph (ooo) is added to
  792  subsection (7) of that section, to read:
  793         212.08 Sales, rental, use, consumption, distribution, and
  794  storage tax; specified exemptions.—The sale at retail, the
  795  rental, the use, the consumption, the distribution, and the
  796  storage to be used or consumed in this state of the following
  797  are hereby specifically exempt from the tax imposed by this
  798  chapter.
  799         (5) EXEMPTIONS; ACCOUNT OF USE.—
  800         (p) Community contribution tax credit for donations.—
  801         1. Authorization.—Persons who are registered with the
  802  department under s. 212.18 to collect or remit sales or use tax
  803  and who make donations to eligible sponsors are eligible for tax
  804  credits against their state sales and use tax liabilities as
  805  provided in this paragraph:
  806         a. The credit shall be computed as 50 percent of the
  807  person’s approved annual community contribution.
  808         b. The credit shall be granted as a refund against state
  809  sales and use taxes reported on returns and remitted in the 12
  810  months preceding the date of application to the department for
  811  the credit as required in sub-subparagraph 3.c. If the annual
  812  credit is not fully used through such refund because of
  813  insufficient tax payments during the applicable 12-month period,
  814  the unused amount may be included in an application for a refund
  815  made pursuant to sub-subparagraph 3.c. in subsequent years
  816  against the total tax payments made for such year. Carryover
  817  credits may be applied for a 3-year period without regard to any
  818  time limitation that would otherwise apply under s. 215.26.
  819         c. A person may not receive more than $200,000 in annual
  820  tax credits for all approved community contributions made in any
  821  one year.
  822         d. All proposals for the granting of the tax credit require
  823  the prior approval of the Department of Economic Opportunity.
  824         e. The total amount of tax credits which may be granted for
  825  all programs approved under this paragraph, s. 220.183, and s.
  826  624.5105 is $10.5 million in the 2018-2019 fiscal year, $17
  827  million $21.4 million in the 2019-2020 2017-2018 fiscal year,
  828  and $10.5 million in each fiscal year thereafter for projects
  829  that provide housing opportunities for persons with special
  830  needs or homeownership opportunities for low-income households
  831  or very-low-income households and $3.5 million each fiscal year
  832  for all other projects. As used in this paragraph, the term
  833  “person with special needs” has the same meaning as in s.
  834  420.0004 and the terms “low-income person,” “low-income
  835  household,” “very-low-income person,” and “very-low-income
  836  household” have the same meanings as in s. 420.9071.
  837         f. A person who is eligible to receive the credit provided
  838  in this paragraph, s. 220.183, or s. 624.5105 may receive the
  839  credit only under one section of the person’s choice.
  840         2. Eligibility requirements.—
  841         a. A community contribution by a person must be in the
  842  following form:
  843         (I) Cash or other liquid assets;
  844         (II) Real property, including 100 percent ownership of a
  845  real property holding company;
  846         (III) Goods or inventory; or
  847         (IV) Other physical resources identified by the Department
  848  of Economic Opportunity.
  849  
  850  For purposes of this sub-subparagraph, the term “real property
  851  holding company” means a Florida entity, such as a Florida
  852  limited liability company, that is wholly owned by the person;
  853  is the sole owner of real property, as defined in s.
  854  192.001(12), located in the state; is disregarded as an entity
  855  for federal income tax purposes pursuant to 26 C.F.R. s.
  856  301.7701-3(b)(1)(ii); and at the time of contribution to an
  857  eligible sponsor, has no material assets other than the real
  858  property and any other property that qualifies as a community
  859  contribution.
  860         b. All community contributions must be reserved exclusively
  861  for use in a project. As used in this sub-subparagraph, the term
  862  “project” means activity undertaken by an eligible sponsor which
  863  is designed to construct, improve, or substantially rehabilitate
  864  housing that is affordable to low-income households or very-low
  865  income households; designed to provide housing opportunities for
  866  persons with special needs; designed to provide commercial,
  867  industrial, or public resources and facilities; or designed to
  868  improve entrepreneurial and job-development opportunities for
  869  low-income persons. A project may be the investment necessary to
  870  increase access to high-speed broadband capability in a rural
  871  community that had an enterprise zone designated pursuant to
  872  chapter 290 as of May 1, 2015, including projects that result in
  873  improvements to communications assets that are owned by a
  874  business. A project may include the provision of museum
  875  educational programs and materials that are directly related to
  876  a project approved between January 1, 1996, and December 31,
  877  1999, and located in an area which was in an enterprise zone
  878  designated pursuant to s. 290.0065 as of May 1, 2015. This
  879  paragraph does not preclude projects that propose to construct
  880  or rehabilitate housing for low-income households or very-low
  881  income households on scattered sites or housing opportunities
  882  for persons with special needs. With respect to housing,
  883  contributions may be used to pay the following eligible special
  884  needs, low-income, and very-low-income housing-related
  885  activities:
  886         (I) Project development impact and management fees for
  887  special needs, low-income, or very-low-income housing projects;
  888         (II) Down payment and closing costs for persons with
  889  special needs, low-income persons, and very-low-income persons;
  890         (III) Administrative costs, including housing counseling
  891  and marketing fees, not to exceed 10 percent of the community
  892  contribution, directly related to special needs, low-income, or
  893  very-low-income projects; and
  894         (IV) Removal of liens recorded against residential property
  895  by municipal, county, or special district local governments if
  896  satisfaction of the lien is a necessary precedent to the
  897  transfer of the property to a low-income person or very-low
  898  income person for the purpose of promoting home ownership.
  899  Contributions for lien removal must be received from a
  900  nonrelated third party.
  901         c. The project must be undertaken by an “eligible sponsor,”
  902  which includes:
  903         (I) A community action program;
  904         (II) A nonprofit community-based development organization
  905  whose mission is the provision of housing for persons with
  906  specials needs, low-income households, or very-low-income
  907  households or increasing entrepreneurial and job-development
  908  opportunities for low-income persons;
  909         (III) A neighborhood housing services corporation;
  910         (IV) A local housing authority created under chapter 421;
  911         (V) A community redevelopment agency created under s.
  912  163.356;
  913         (VI) A historic preservation district agency or
  914  organization;
  915         (VII) A local workforce development board;
  916         (VIII) A direct-support organization as provided in s.
  917  1009.983;
  918         (IX) An enterprise zone development agency created under s.
  919  290.0056;
  920         (X) A community-based organization incorporated under
  921  chapter 617 which is recognized as educational, charitable, or
  922  scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
  923  and whose bylaws and articles of incorporation include
  924  affordable housing, economic development, or community
  925  development as the primary mission of the corporation;
  926         (XI) Units of local government;
  927         (XII) Units of state government; or
  928         (XIII) Any other agency that the Department of Economic
  929  Opportunity designates by rule.
  930  
  931  A contributing person may not have a financial interest in the
  932  eligible sponsor.
  933         d. The project must be located in an area which was in an
  934  enterprise zone designated pursuant to chapter 290 as of May 1,
  935  2015, or a Front Porch Florida Community, unless the project
  936  increases access to high-speed broadband capability in a rural
  937  community that had an enterprise zone designated pursuant to
  938  chapter 290 as of May 1, 2015, but is physically located outside
  939  the designated rural zone boundaries. Any project designed to
  940  construct or rehabilitate housing for low-income households or
  941  very-low-income households or housing opportunities for persons
  942  with special needs is exempt from the area requirement of this
  943  sub-subparagraph.
  944         e.(I) If, during the first 10 business days of the state
  945  fiscal year, eligible tax credit applications for projects that
  946  provide housing opportunities for persons with special needs or
  947  homeownership opportunities for low-income households or very
  948  low-income households are received for less than the annual tax
  949  credits available for those projects, the Department of Economic
  950  Opportunity shall grant tax credits for those applications and
  951  grant remaining tax credits on a first-come, first-served basis
  952  for subsequent eligible applications received before the end of
  953  the state fiscal year. If, during the first 10 business days of
  954  the state fiscal year, eligible tax credit applications for
  955  projects that provide housing opportunities for persons with
  956  special needs or homeownership opportunities for low-income
  957  households or very-low-income households are received for more
  958  than the annual tax credits available for those projects, the
  959  Department of Economic Opportunity shall grant the tax credits
  960  for those applications as follows:
  961         (A) If tax credit applications submitted for approved
  962  projects of an eligible sponsor do not exceed $200,000 in total,
  963  the credits shall be granted in full if the tax credit
  964  applications are approved.
  965         (B) If tax credit applications submitted for approved
  966  projects of an eligible sponsor exceed $200,000 in total, the
  967  amount of tax credits granted pursuant to sub-sub-sub
  968  subparagraph (A) shall be subtracted from the amount of
  969  available tax credits, and the remaining credits shall be
  970  granted to each approved tax credit application on a pro rata
  971  basis.
  972         (II) If, during the first 10 business days of the state
  973  fiscal year, eligible tax credit applications for projects other
  974  than those that provide housing opportunities for persons with
  975  special needs or homeownership opportunities for low-income
  976  households or very-low-income households are received for less
  977  than the annual tax credits available for those projects, the
  978  Department of Economic Opportunity shall grant tax credits for
  979  those applications and shall grant remaining tax credits on a
  980  first-come, first-served basis for subsequent eligible
  981  applications received before the end of the state fiscal year.
  982  If, during the first 10 business days of the state fiscal year,
  983  eligible tax credit applications for projects other than those
  984  that provide housing opportunities for persons with special
  985  needs or homeownership opportunities for low-income households
  986  or very-low-income households are received for more than the
  987  annual tax credits available for those projects, the Department
  988  of Economic Opportunity shall grant the tax credits for those
  989  applications on a pro rata basis.
  990         3. Application requirements.—
  991         a. An eligible sponsor seeking to participate in this
  992  program must submit a proposal to the Department of Economic
  993  Opportunity which sets forth the name of the sponsor, a
  994  description of the project, and the area in which the project is
  995  located, together with such supporting information as is
  996  prescribed by rule. The proposal must also contain a resolution
  997  from the local governmental unit in which the project is located
  998  certifying that the project is consistent with local plans and
  999  regulations.
 1000         b. A person seeking to participate in this program must
 1001  submit an application for tax credit to the Department of
 1002  Economic Opportunity which sets forth the name of the sponsor, a
 1003  description of the project, and the type, value, and purpose of
 1004  the contribution. The sponsor shall verify, in writing, the
 1005  terms of the application and indicate its receipt of the
 1006  contribution, and such verification must accompany the
 1007  application for tax credit. The person must submit a separate
 1008  tax credit application to the Department of Economic Opportunity
 1009  for each individual contribution that it makes to each
 1010  individual project.
 1011         c. A person who has received notification from the
 1012  Department of Economic Opportunity that a tax credit has been
 1013  approved must apply to the department to receive the refund.
 1014  Application must be made on the form prescribed for claiming
 1015  refunds of sales and use taxes and be accompanied by a copy of
 1016  the notification. A person may submit only one application for
 1017  refund to the department within a 12-month period.
 1018         4. Administration.—
 1019         a. The Department of Economic Opportunity may adopt rules
 1020  necessary to administer this paragraph, including rules for the
 1021  approval or disapproval of proposals by a person.
 1022         b. The decision of the Department of Economic Opportunity
 1023  must be in writing, and, if approved, the notification shall
 1024  state the maximum credit allowable to the person. Upon approval,
 1025  the Department of Economic Opportunity shall transmit a copy of
 1026  the decision to the department.
 1027         c. The Department of Economic Opportunity shall
 1028  periodically monitor all projects in a manner consistent with
 1029  available resources to ensure that resources are used in
 1030  accordance with this paragraph; however, each project must be
 1031  reviewed at least once every 2 years.
 1032         d. The Department of Economic Opportunity shall, in
 1033  consultation with the statewide and regional housing and
 1034  financial intermediaries, market the availability of the
 1035  community contribution tax credit program to community-based
 1036  organizations.
 1037         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
 1038  entity by this chapter do not inure to any transaction that is
 1039  otherwise taxable under this chapter when payment is made by a
 1040  representative or employee of the entity by any means,
 1041  including, but not limited to, cash, check, or credit card, even
 1042  when that representative or employee is subsequently reimbursed
 1043  by the entity. In addition, exemptions provided to any entity by
 1044  this subsection do not inure to any transaction that is
 1045  otherwise taxable under this chapter unless the entity has
 1046  obtained a sales tax exemption certificate from the department
 1047  or the entity obtains or provides other documentation as
 1048  required by the department. Eligible purchases or leases made
 1049  with such a certificate must be in strict compliance with this
 1050  subsection and departmental rules, and any person who makes an
 1051  exempt purchase with a certificate that is not in strict
 1052  compliance with this subsection and the rules is liable for and
 1053  shall pay the tax. The department may adopt rules to administer
 1054  this subsection.
 1055         (p) Section 501(c)(3) organizations.—
 1056         1.Also Exempt from the tax imposed by this chapter are
 1057  sales or leases to organizations determined by the Internal
 1058  Revenue Service to be currently exempt from federal income tax
 1059  pursuant to s. 501(c)(3) of the Internal Revenue Code of 1986,
 1060  as amended, if such leases or purchases are used in carrying on
 1061  their customary nonprofit activities, unless such organizations
 1062  are subject to a final disqualification order issued by the
 1063  Department of Agriculture and Consumer Services pursuant to s.
 1064  496.430.
 1065         2. Exempt from the tax imposed by this chapter is tangible
 1066  personal property purchased for resale by a dealer and
 1067  subsequently donated to an organization determined by the
 1068  Internal Revenue Service to be currently exempt from federal
 1069  income tax pursuant to s. 501(c)(3) of the Internal Revenue Code
 1070  of 1986, as amended, unless such organization is subject to a
 1071  final disqualification order issued by the Department of
 1072  Agriculture and Consumer Services pursuant to s. 496.430. As
 1073  used in this subparagraph, the term “donate” means any transfer
 1074  of title or possession of tangible personal property to a s.
 1075  501(c)(3) organization for no consideration.
 1076         (ff) Certain electricity or steam uses.—
 1077         1. Subject to the provisions of subparagraph 4., charges
 1078  for electricity or steam used to operate machinery and equipment
 1079  at a fixed location in this state when such machinery and
 1080  equipment is used to manufacture, process, compound, produce, or
 1081  prepare for shipment items of tangible personal property for
 1082  sale, or to operate pollution control equipment, recycling
 1083  equipment, maintenance equipment, or monitoring or control
 1084  equipment used in such operations are exempt to the extent
 1085  provided in this paragraph. If 75 percent or more of the
 1086  electricity or steam used at the fixed location is used to
 1087  operate qualifying machinery or equipment, 100 percent of the
 1088  charges for electricity or steam used at the fixed location are
 1089  exempt. If less than 75 percent but 50 percent or more of the
 1090  electricity or steam used at the fixed location is used to
 1091  operate qualifying machinery or equipment, 50 percent of the
 1092  charges for electricity or steam used at the fixed location are
 1093  exempt. If less than 50 percent of the electricity or steam used
 1094  at the fixed location is used to operate qualifying machinery or
 1095  equipment, none of the charges for electricity or steam used at
 1096  the fixed location are exempt.
 1097         2. This exemption applies only to industries classified
 1098  under SIC Industry Major Group Numbers 10, 12, 13, 14, 20, 22,
 1099  23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38,
 1100  and 39 and Industry Group Number 212 and industries classified
 1101  under NAICS code 423930. As used in this paragraph, “SIC” means
 1102  those classifications contained in the Standard Industrial
 1103  Classification Manual, 1987, as published by the Office of
 1104  Management and Budget, Executive Office of the President. As
 1105  used in this subparagraph, the term “NAICS” means those
 1106  classifications contained in the North American Industry
 1107  Classification System, as published in 2007 by the Office of
 1108  Management and Budget, Executive Office of the President.
 1109         3. Possession by a seller of a written certification by the
 1110  purchaser, certifying the purchaser’s entitlement to an
 1111  exemption permitted by this subsection, relieves the seller from
 1112  the responsibility of collecting the tax on the nontaxable
 1113  amounts, and the department shall look solely to the purchaser
 1114  for recovery of such tax if it determines that the purchaser was
 1115  not entitled to the exemption.
 1116         4. Such exemption shall be applied as follows: beginning
 1117  July 1, 2000, 100 percent of the charges for such electricity or
 1118  steam shall be exempt.
 1119         (ooo)Recycling roll off containers.Recycling roll off
 1120  containers purchased by a business whose primary business
 1121  activity is within the industry classified under NAICS code
 1122  423930 and which are used exclusively for business activities
 1123  within the industry classified under NAICS code 423930 are
 1124  exempt from the tax imposed by this chapter. As used in this
 1125  paragraph, the term “NAICS” means those classifications
 1126  contained in the North American Industry Classification System,
 1127  as published in 2007 by the Office of Management and Budget,
 1128  Executive Office of the President.
 1129         Section 22. Subsection (11) of section 212.12, Florida
 1130  Statutes, is amended to read:
 1131         212.12 Dealer’s credit for collecting tax; penalties for
 1132  noncompliance; powers of Department of Revenue in dealing with
 1133  delinquents; brackets applicable to taxable transactions;
 1134  records required.—
 1135         (11) The department shall make available in an electronic
 1136  format or otherwise the tax amounts and brackets applicable to
 1137  all taxable transactions that occur in counties that have a
 1138  surtax at a rate other than 1 percent which would otherwise have
 1139  been transactions taxable at the rate of 6 percent. Likewise,
 1140  the department shall make available in an electronic format or
 1141  otherwise the tax amounts and brackets applicable to
 1142  transactions taxable at 4.35 percent pursuant to s.
 1143  212.05(1)(e)1.c. or the applicable tax rate pursuant to s.
 1144  212.031(1) and on transactions which would otherwise have been
 1145  so taxable in counties which have adopted a discretionary sales
 1146  surtax.
 1147         Section 23. Section 212.205, Florida Statutes, is created
 1148  to read:
 1149         212.205Sales tax distribution reporting.—By March 15 of
 1150  each year, each person who received a distribution pursuant to
 1151  s. 212.20(6)(d)6.b.-f. in the preceding calendar year shall
 1152  report to the Office of Economic and Demographic Research the
 1153  following information:
 1154         (1)An itemized accounting of all expenditures of the funds
 1155  distributed in the preceding calendar year, including amounts
 1156  spent on debt service.
 1157         (2)A statement indicating what portion of the distributed
 1158  funds have been pledged for debt service.
 1159         (3)The original principal amount, and current debt service
 1160  schedule of any bonds or other borrowing for which the
 1161  distributed funds have been pledged for debt service.
 1162         Section 24. Section 218.135, Florida Statutes, is created
 1163  to read:
 1164         218.135Offset for tax loss associated with reductions in
 1165  value of certain citrus fruit packing and processing equipment.—
 1166         (1)For the 2018-2019 fiscal year, the Legislature shall
 1167  appropriate moneys to offset the reductions in ad valorem tax
 1168  revenue experienced by fiscally constrained counties, as defined
 1169  in s. 218.67(1), which occur as a direct result of the
 1170  implementation of s. 193.4516. The moneys appropriated for this
 1171  purpose shall be distributed in January 2019 among the fiscally
 1172  constrained counties based on each county’s proportion of the
 1173  total reduction in ad valorem tax revenue resulting from the
 1174  implementation s. 193.4516.
 1175         (2)On or before November 15, 2018, each fiscally
 1176  constrained county shall apply to the Department of Revenue to
 1177  participate in the distribution of the appropriation and provide
 1178  documentation supporting the county’s estimated reduction in ad
 1179  valorem tax revenue in the form and manner prescribed by the
 1180  department. The documentation must include an estimate of the
 1181  reduction in taxable value directly attributable to the
 1182  implementation of s. 193.4516 for all county taxing
 1183  jurisdictions within the county and shall be prepared by the
 1184  property appraiser in each fiscally constrained county. The
 1185  documentation shall also include the county millage rates
 1186  applicable in all such jurisdictions for the current year. For
 1187  purposes of this section, each fiscally constrained county’s
 1188  reduction in ad valorem tax revenue shall be calculated as 95
 1189  percent of the estimated reduction in taxable value multiplied
 1190  by the applicable millage rate for each county taxing
 1191  jurisdiction in the current year. If a fiscally constrained
 1192  county fails to apply for the distribution, its share shall
 1193  revert to the fund from which the appropriation was made.
 1194         Section 25. For the 2018-2019 fiscal year, the sum of
 1195  $650,000 in nonrecurring funds is appropriated from the General
 1196  Revenue Fund to the Department of Revenue to implement the
 1197  provisions of s. 218.135, Florida Statutes.
 1198         Section 26. Paragraph (c) of subsection (1) of section
 1199  220.183, Florida Statutes, is amended to read:
 1200         220.183 Community contribution tax credit.—
 1201         (1) AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX
 1202  CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM
 1203  SPENDING.—
 1204         (c) The total amount of tax credit which may be granted for
 1205  all programs approved under this section, s. 212.08(5)(p), and
 1206  s. 624.5105 is $10.5 million in the 2018-2019 fiscal year, $17
 1207  million $21.4 million in the 2019-2020 2017-2018 fiscal year,
 1208  and $10.5 million in each fiscal year thereafter for projects
 1209  that provide housing opportunities for persons with special
 1210  needs as defined in s. 420.0004 and homeownership opportunities
 1211  for low-income households or very-low-income households as
 1212  defined in s. 420.9071 and $3.5 million each fiscal year for all
 1213  other projects.
 1214         Section 27. Paragraph (f) of subsection (2) of section
 1215  220.1845, Florida Statutes, is amended to read:
 1216         220.1845 Contaminated site rehabilitation tax credit.—
 1217         (2) AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.—
 1218         (f) The total amount of the tax credits which may be
 1219  granted under this section is $21 million in the 2018-2019
 1220  fiscal year and $10 million each fiscal year thereafter.
 1221         Section 28. Effective January 1, 2019, subsection (9) of
 1222  section 318.14, Florida Statutes, is amended to read:
 1223         318.14 Noncriminal traffic infractions; exception;
 1224  procedures.—
 1225         (9) Any person who does not hold a commercial driver
 1226  license or commercial learner’s permit and who is cited while
 1227  driving a noncommercial motor vehicle for an infraction under
 1228  this section other than a violation of s. 316.183(2), s.
 1229  316.187, or s. 316.189 when the driver exceeds the posted limit
 1230  by 30 miles per hour or more, s. 320.0605, s. 320.07(3)(a) or
 1231  (b), s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in
 1232  lieu of a court appearance, elect to attend in the location of
 1233  his or her choice within this state a basic driver improvement
 1234  course approved by the Department of Highway Safety and Motor
 1235  Vehicles. In such a case, adjudication must be withheld, any
 1236  civil penalty that is imposed by s. 318.18(3) must be reduced by
 1237  18 percent, and points, as provided by s. 322.27, may not be
 1238  assessed. However, a person may not make an election under this
 1239  subsection if the person has made an election under this
 1240  subsection in the preceding 12 months. A person may not make
 1241  more than five elections within his or her lifetime under this
 1242  subsection. The requirement for community service under s.
 1243  318.18(8) is not waived by a plea of nolo contendere or by the
 1244  withholding of adjudication of guilt by a court. If a person
 1245  makes an election to attend a basic driver improvement course
 1246  under this subsection, 18 percent of the civil penalty imposed
 1247  under s. 318.18(3) shall be deposited in the State Courts
 1248  Revenue Trust Fund; however, that portion is not revenue for
 1249  purposes of s. 28.36 and may not be used in establishing the
 1250  budget of the clerk of the court under that section or s. 28.35.
 1251         Section 29. Effective January 1, 2019, paragraph (b) of
 1252  subsection (1) of section 318.15, Florida Statutes, is amended
 1253  to read:
 1254         318.15 Failure to comply with civil penalty or to appear;
 1255  penalty.—
 1256         (1)
 1257         (b) However, a person who elects to attend driver
 1258  improvement school and has paid the civil penalty as provided in
 1259  s. 318.14(9), but who subsequently fails to attend the driver
 1260  improvement school within the time specified by the court is
 1261  shall be deemed to have admitted the infraction and shall be
 1262  adjudicated guilty. If the person received In such a case in
 1263  which there was an 18-percent reduction pursuant to s. 318.14(9)
 1264  as it existed before February 1, 2009, the person must pay the
 1265  clerk of the court that amount and a processing fee of up to
 1266  $18, after which no additional penalties, court costs, or
 1267  surcharges may not shall be imposed for the violation. In all
 1268  other such cases, the person must pay the clerk a processing fee
 1269  of up to $18, after which no additional penalties, court costs,
 1270  or surcharges may not shall be imposed for the violation. The
 1271  clerk of the court shall notify the department of the person’s
 1272  failure to attend driver improvement school and points shall be
 1273  assessed pursuant to s. 322.27.
 1274         Section 30. Paragraphs (m) and (n) of subsection (4) of
 1275  section 320.08, Florida Statutes, are amended to read:
 1276         320.08 License taxes.—Except as otherwise provided herein,
 1277  there are hereby levied and imposed annual license taxes for the
 1278  operation of motor vehicles, mopeds, motorized bicycles as
 1279  defined in s. 316.003(3), tri-vehicles as defined in s. 316.003,
 1280  and mobile homes as defined in s. 320.01, which shall be paid to
 1281  and collected by the department or its agent upon the
 1282  registration or renewal of registration of the following:
 1283         (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
 1284  VEHICLE WEIGHT.—
 1285         (m) Notwithstanding the declared gross vehicle weight, a
 1286  truck tractor used within the state a 150-mile radius of its
 1287  home address is eligible for a license plate for a fee of $324
 1288  flat if:
 1289         1. The truck tractor is used exclusively for hauling
 1290  forestry products; or
 1291         2. The truck tractor is used primarily for the hauling of
 1292  forestry products, and is also used for the hauling of
 1293  associated forestry harvesting equipment used by the owner of
 1294  the truck tractor.
 1295  
 1296  Of the fee imposed by this paragraph, $84 shall be deposited
 1297  into the General Revenue Fund.
 1298         (n) A truck tractor or heavy truck, not operated as a for
 1299  hire vehicle and, which is engaged exclusively in transporting
 1300  raw, unprocessed, and nonmanufactured agricultural or
 1301  horticultural products within the state a 150-mile radius of its
 1302  home address, is eligible for a restricted license plate for a
 1303  fee of:
 1304         1. If such vehicle’s declared gross vehicle weight is less
 1305  than 44,000 pounds, $87.75 flat, of which $22.75 shall be
 1306  deposited into the General Revenue Fund.
 1307         2. If such vehicle’s declared gross vehicle weight is
 1308  44,000 pounds or more and such vehicle only transports from the
 1309  point of production to the point of primary manufacture; to the
 1310  point of assembling the same; or to a shipping point of a rail,
 1311  water, or motor transportation company, $324 flat, of which $84
 1312  shall be deposited into the General Revenue Fund.
 1313  
 1314  Such not-for-hire truck tractors and heavy trucks used
 1315  exclusively in transporting raw, unprocessed, and
 1316  nonmanufactured agricultural or horticultural products may be
 1317  incidentally used to haul farm implements and fertilizers
 1318  delivered direct to the growers. The department may require any
 1319  documentation deemed necessary to determine eligibility before
 1320  prior to issuance of this license plate. For the purpose of this
 1321  paragraph, “not-for-hire” means the owner of the motor vehicle
 1322  must also be the owner of the raw, unprocessed, and
 1323  nonmanufactured agricultural or horticultural product, or the
 1324  user of the farm implements and fertilizer being delivered.
 1325         Section 31. Subsection (4) of section 376.30781, Florida
 1326  Statutes, is amended to read:
 1327         376.30781 Tax credits for rehabilitation of drycleaning
 1328  solvent-contaminated sites and brownfield sites in designated
 1329  brownfield areas; application process; rulemaking authority;
 1330  revocation authority.—
 1331         (4) The Department of Environmental Protection is
 1332  responsible for allocating the tax credits provided for in s.
 1333  220.1845, which may not exceed a total of $21 million in tax
 1334  credits in fiscal year 2018-2019 and $10 million in tax credits
 1335  each fiscal year thereafter.
 1336         Section 32. Paragraph (c) of subsection (1) of section
 1337  624.5105, Florida Statutes, is amended to read:
 1338         624.5105 Community contribution tax credit; authorization;
 1339  limitations; eligibility and application requirements;
 1340  administration; definitions; expiration.—
 1341         (1) AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.—
 1342         (c) The total amount of tax credit which may be granted for
 1343  all programs approved under this section and ss. 212.08(5)(p)
 1344  and 220.183 is $10.5 million in the 2018-2019 fiscal year, $17
 1345  million $21.4 million in the 2019-2020 2017-2018 fiscal year,
 1346  and $10.5 million in each fiscal year thereafter for projects
 1347  that provide housing opportunities for persons with special
 1348  needs as defined in s. 420.0004 or homeownership opportunities
 1349  for low-income or very-low-income households as defined in s.
 1350  420.9071 and $3.5 million each fiscal year for all other
 1351  projects.
 1352         Section 33. Effective January 1, 2019, subsection (3) of
 1353  section 741.01, Florida Statutes, is amended to read:
 1354         741.01 County court judge or clerk of the circuit court to
 1355  issue marriage license; fee.—
 1356         (3) An additional fee of $25 shall be paid to the clerk
 1357  upon receipt of the application for issuance of a marriage
 1358  license. The moneys collected shall be remitted by the clerk to
 1359  the Department of Revenue, monthly, for deposit in the State
 1360  Courts Revenue Trust Fund General Revenue Fund.
 1361         Section 34. Clothing and school supplies; sales tax
 1362  holiday.—
 1363         (1)The tax levied under chapter 212, Florida Statutes, may
 1364  not be collected during the period from August 3, 2018, through
 1365  August 5, 2018, on the retail sale of:
 1366         (a)Clothing, wallets, or bags, including handbags,
 1367  backpacks, fanny packs, and diaper bags, but excluding
 1368  briefcases, suitcases, and other garment bags, having a sales
 1369  price of $60 or less per item. As used in this paragraph, the
 1370  term “clothing” means:
 1371         1.Any article of wearing apparel intended to be worn on or
 1372  about the human body, excluding watches, watchbands, jewelry,
 1373  umbrellas, and handkerchiefs; and
 1374         2.All footwear, excluding skis, swim fins, roller blades,
 1375  and skates.
 1376         (b)School supplies having a sales price of $15 or less per
 1377  item. As used in this paragraph, the term “school supplies”
 1378  means pens, pencils, erasers, crayons, notebooks, notebook
 1379  filler paper, legal pads, binders, lunch boxes, construction
 1380  paper, markers, folders, poster board, composition books, poster
 1381  paper, scissors, cellophane tape, glue or paste, rulers,
 1382  computer disks, protractors, compasses, and calculators.
 1383         (2)The tax exemptions provided in this section do not
 1384  apply to sales within a theme park or entertainment complex as
 1385  defined in s. 509.013(9), Florida Statutes, within a public
 1386  lodging establishment as defined in s. 509.013(4), Florida
 1387  Statutes, or within an airport as defined in s. 330.27(2),
 1388  Florida Statutes.
 1389         (3)The tax exemptions provided in this section may apply
 1390  at the option of a dealer if less than 5 percent of the dealer’s
 1391  gross sales of tangible personal property in the prior calendar
 1392  year are comprised of items that would be exempt under this
 1393  section. If a qualifying dealer chooses not to participate in
 1394  the tax holiday, by August 1, 2018, the dealer must notify the
 1395  Department of Revenue in writing of its election to collect
 1396  sales tax during the holiday and must post a copy of that notice
 1397  in a conspicuous location at its place of business.
 1398         (4)The Department of Revenue may, and all conditions are
 1399  deemed met to, adopt emergency rules pursuant to s. 120.54(4),
 1400  Florida Statutes, to administer this section.
 1401         (5)For the 2017-2018 fiscal year, the sum of $243,814 in
 1402  nonrecurring funds is appropriated from the General Revenue Fund
 1403  to the Department of Revenue for the purpose of implementing
 1404  this section. Funds remaining unexpended or unencumbered from
 1405  this appropriation as of June 30, 2018, shall revert and be
 1406  reappropriated for the same purpose in the 2018-2019 fiscal
 1407  year.
 1408         (6)This section shall take effect upon this act becoming a
 1409  law.
 1410         Section 35. Disaster preparedness supplies; sales tax
 1411  holiday.—
 1412         (1)The tax levied under chapter 212, Florida Statutes, may
 1413  not be collected during the period from June 1, 2018, through
 1414  June 7, 2018, on the retail sale of:
 1415         (a)A portable self-powered light source selling for $20 or
 1416  less.
 1417         (b)A portable self-powered radio, two-way radio, or
 1418  weather-band radio selling for $50 or less.
 1419         (c)A tarpaulin or other flexible waterproof sheeting
 1420  selling for $50 or less.
 1421         (d)An item normally sold as, or generally advertised as, a
 1422  ground anchor system or tie-down kit and selling for $50 or
 1423  less.
 1424         (e)A gas or diesel fuel tank selling for $25 or less.
 1425         (f)A package of AAA-cell, AA-cell, C-cell, D-cell, 6-volt,
 1426  or 9- volt batteries, excluding automobile and boat batteries,
 1427  selling for $30 or less.
 1428         (g)A nonelectric food storage cooler selling for $30 or
 1429  less.
 1430         (h)A portable generator used to provide light or
 1431  communications or preserve food in the event of a power outage
 1432  and selling for $750 or less.
 1433         (i)Reusable ice selling for $10 or less.
 1434         (2)The Department of Revenue may, and all conditions are
 1435  deemed met to, adopt emergency rules pursuant to s. 120.54(4),
 1436  Florida Statutes, to administer this section.
 1437         (3)The tax exemptions provided in this section do not
 1438  apply to sales within a theme park or entertainment complex as
 1439  defined in s. 509.013(9), Florida Statutes, within a public
 1440  lodging establishment as defined in s. 509.013(4), Florida
 1441  Statutes, or within an airport as defined in s. 330.27(2),
 1442  Florida Statutes.
 1443         (4)For the 2017-2018 fiscal year, the sum of $70,072 in
 1444  nonrecurring funds is appropriated from the General Revenue Fund
 1445  to the Department of Revenue for the purpose of implementing
 1446  this section.
 1447         (5)This section shall take effect upon this act becoming a
 1448  law.
 1449         Section 36. Equipment used to generate emergency electric
 1450  energy.—
 1451         (1)The purchase of any equipment to generate emergency
 1452  electric energy at a nursing home facility as defined in s.
 1453  400.021(12) or an assisted living facility as defined in s.
 1454  429.02(5), is exempt from the tax imposed under chapter 212,
 1455  Florida Statutes, during the period from July 1, 2017, through
 1456  December 31, 2018. The electric energy that is generated must be
 1457  used at the home or facility and meet the energy needs for
 1458  emergency generation for that size and class of facility.
 1459         (2)The purchaser of the equipment must provide the dealer
 1460  with an affidavit certifying that the equipment will only be
 1461  used as provided in subsection (1).
 1462         (3)The exemption provided in subsection (1) is limited to
 1463  a maximum of $15,000 in tax for the purchase of equipment for
 1464  any single facility.
 1465         (4)(a)The exemption under this section may be applied at
 1466  the time of purchase or is available through a refund from the
 1467  Department of Revenue of previously paid taxes. For purchases
 1468  made before the effective date of this section, an application
 1469  for refund must be submitted to the department within 6 months
 1470  after the effective date of this section. For purchases made on
 1471  or after the effective date of this section, if the exemption
 1472  was not applied to the purchase, an application for refund must
 1473  be submitted to the department within 6 months after the date of
 1474  purchase.
 1475         (b)The purchaser of the emergency electric equipment
 1476  applying for a refund under this subsection must provide the
 1477  department with an affidavit certifying that the equipment will
 1478  only be used as provided in subsection (1).
 1479         (5)A person furnishing a false affidavit to the dealer
 1480  pursuant to subsection (2) or the Department of Revenue pursuant
 1481  to subsection (4) is subject to the penalty set forth in s.
 1482  212.085 and as otherwise authorized by law.
 1483         (6)The Department of Revenue may, and all conditions are
 1484  deemed met to, adopt emergency rules pursuant to s. 120.54(4),
 1485  Florida Statutes, to administer this section.
 1486         (7)Notwithstanding any other law, emergency rules adopted
 1487  pursuant to subsection (6) are effective for 6 months after
 1488  adoption and may be renewed during the pendency of procedures to
 1489  adopt permanent rules addressing the subject of the emergency
 1490  rules.
 1491         (8) This section is considered a revenue law for the
 1492  purposes of ss. 213.05 and 213.06, Florida Statutes, and s.
 1493  72.011, Florida Statutes, applies to this section.
 1494         (9)This section shall take effect upon becoming a law and
 1495  operates retroactively to July 1, 2017.
 1496         Section 37. Fencing materials used in agriculture.—
 1497         (1)The purchase of fencing materials used in the repair of
 1498  farm fences on land classified as agricultural under s. 193.461,
 1499  Florida Statutes, is exempt from the tax imposed under chapter
 1500  212, Florida Statutes, during the period from September 10,
 1501  2017, through May 31, 2018, if the fencing materials will be or
 1502  were used to repair damage to fences that occurred as a direct
 1503  result of the impact of Hurricane Irma. The exemption provided
 1504  by this section is available only through a refund from the
 1505  Department of Revenue of previously paid taxes.
 1506         (2)To receive a refund pursuant to this section, the owner
 1507  of the fencing materials or the real property into which the
 1508  fencing materials were incorporated must apply to the Department
 1509  of Revenue by December 31, 2018. The refund application must
 1510  include the following information:
 1511         (a)The name and address of the person claiming the refund.
 1512         (b)The address and assessment roll parcel number of the
 1513  agricultural land in which the fencing materials was or will be
 1514  used.
 1515         (c)The sales invoice or other proof of purchase of the
 1516  fencing materials, showing the amount of sales tax paid, the
 1517  date of purchase, and the name and address of the dealer from
 1518  whom the materials were purchased.
 1519         (d)An affidavit executed by the owner of the fencing
 1520  materials or the real property into which the fencing materials
 1521  were or will be incorporated, including a statement that the
 1522  fencing materials were or will be used to repair fencing damaged
 1523  as a direct result of the impact of Hurricane Irma.
 1524         (3)A person furnishing a false affidavit to the Department
 1525  of Revenue pursuant to subsection (2) is subject to the penalty
 1526  set forth in s. 212.085 and as otherwise authorized by law.
 1527         (4)The Department of Revenue may, and all conditions are
 1528  deemed met to, adopt emergency rules pursuant to s. 120.54(4),
 1529  Florida Statutes, to administer this section.
 1530         (5)Notwithstanding any other law, emergency rules adopted
 1531  pursuant to subsection (4) are effective for 6 months after
 1532  adoption and may be renewed during the pendency of procedures to
 1533  adopt permanent rules addressing the subject of the emergency
 1534  rules.
 1535         (6) This section is considered a revenue law for the
 1536  purposes of ss. 213.05 and 213.06, Florida Statutes, and s.
 1537  72.011, Florida Statutes, applies to this section.
 1538         (7)This section shall take effect upon becoming a law and
 1539  operates retroactively to September 10, 2017.
 1540         Section 38. Building materials used in the repair of
 1541  nonresidential farm buildings damaged by Hurricane Irma.—
 1542         (1)Building materials used to repair a nonresidential farm
 1543  building damaged as a direct result of the impact of Hurricane
 1544  Irma and purchased during the period from September 10, 2017,
 1545  through May 31, 2018, are exempt from the tax imposed under
 1546  chapter 212, Florida Statutes. The exemption provided by this
 1547  section is available only through a refund of previously paid
 1548  taxes.
 1549         (2)For purposes of the exemption provided in this section,
 1550  the term:
 1551         (a)“Building materials” means tangible personal property
 1552  that becomes a component part of a nonresidential farm building.
 1553         (b)“Nonresidential farm building” has the same meaning as
 1554  in s. 604.50, Florida Statutes.
 1555         (3)To receive a refund pursuant to this section, the owner
 1556  of the building materials or of the real property into which the
 1557  building materials will be or were incorporated must apply to
 1558  the Department of Revenue by December 31, 2018. The refund
 1559  application must include the following information:
 1560         (a)The name and address of the person claiming the refund.
 1561         (b)The address and assessment roll parcel number of the
 1562  real property where the building materials were or will be used.
 1563         (c)The sales invoice or other proof of purchase of the
 1564  building materials, showing the amount of sales tax paid, the
 1565  date of purchase, and the name and address of the dealer from
 1566  whom the materials were purchased.
 1567         (d)An affidavit executed by the owner of the building
 1568  materials or the real property into which the building materials
 1569  will be or were incorporated, including a statement that the
 1570  building materials were or will be used to repair the
 1571  nonresidential farm building damaged as a direct result of the
 1572  impact of Hurricane Irma.
 1573         (4)A person furnishing a false affidavit to the Department
 1574  of Revenue pursuant to subsection (3) is subject to the penalty
 1575  set forth in s. 212.085 and as otherwise provided by law.
 1576         (5)The Department of Revenue may, and all conditions are
 1577  deemed met to, adopt emergency rules pursuant to s. 120.54(4),
 1578  Florida Statutes, to administer this section.
 1579         (6)Notwithstanding any other law, emergency rules adopted
 1580  pursuant to subsection (5) are effective for 6 months after
 1581  adoption and may be renewed during the pendency of procedures to
 1582  adopt permanent rules addressing the subject of the emergency
 1583  rules.
 1584         (7) This section is considered a revenue law for the
 1585  purposes of ss. 213.05 and 213.06, Florida Statutes, and s.
 1586  72.011, Florida Statutes, applies to this section.
 1587         (8)This section shall take effect upon becoming a law and
 1588  operates retroactively to September 10, 2017.
 1589         Section 39. Refund of fuel taxes used for agricultural
 1590  shipment after Hurricane Irma.—
 1591         (1)Fuel purchased and used in this state during the period
 1592  from September 10, 2017, through June 30, 2018, which is or was
 1593  used in any motor vehicle driven or operated upon the public
 1594  highways of this state for agricultural shipment is exempt from
 1595  all state and county taxes authorized or imposed under parts I
 1596  and II of chapter 206, Florida Statutes, excluding the taxes
 1597  imposed under s. 206.41(1)(a) and (h), Florida Statutes. The
 1598  exemption provided by this section is available to the fuel
 1599  purchaser in an amount equal to the fuel tax imposed on fuel
 1600  that was purchased for agricultural shipment during the period
 1601  from September 10, 2017, through June 30, 2018. The exemption
 1602  provided by this section is only available through a refund from
 1603  the Department of Revenue.
 1604         (2)For purposes of the exemption provided in this section,
 1605  the term:
 1606         (a)“Agricultural processing or storage facility” means
 1607  property used or useful in separating, cleaning, processing,
 1608  converting, packaging, handling, storing, and other activities
 1609  necessary to prepare crops, livestock, related products, and
 1610  other products of agriculture, and includes nonfarm facilities
 1611  that produce agricultural products in whole or in part through
 1612  natural processes, animal husbandry, and apiaries.
 1613         (b)“Agricultural product” means the natural products of a
 1614  farm, nursery, grove, orchard, vineyard, garden, or apiary,
 1615  including livestock as defined in s. 585.01(13).
 1616         (c)“Agricultural shipment” means the transport of any
 1617  agricultural product from a farm, nursery, grove, orchard,
 1618  vineyard, garden, or apiary to an agricultural processing or
 1619  storage facility.
 1620         (d)“Fuel” means motor fuel or diesel fuel, as those terms
 1621  are defined in ss. 206.01 and 206.86, respectively.
 1622         (e)“Fuel tax” means all state and county taxes authorized
 1623  or imposed under chapter 206, Florida Statutes, on fuel.
 1624         (f)“Motor vehicle” and “public highways” have the same
 1625  meanings as in s. 206.01, Florida Statutes.
 1626         (3)To receive a refund pursuant to this section, the fuel
 1627  purchaser must apply to the Department of Revenue by December
 1628  31, 2018. The refund application must include the following
 1629  information:
 1630         (a)The name and address of the person claiming the refund.
 1631         (b)The names and addresses of up to three owners of farms,
 1632  nurseries, groves, orchards, vineyards, gardens, or apiaries
 1633  whose agricultural products were shipped by the person seeking
 1634  the refund pursuant to this section.
 1635         (c)The sales invoice or other proof of purchase of the
 1636  fuel, showing the number of gallons of fuel purchased, the type
 1637  of fuel purchased, the date of purchase, and the name and place
 1638  of business of the dealer from whom the fuel was purchased.
 1639         (d)The license number or other identification number of
 1640  the motor vehicle that used the exempt fuel.
 1641         (e)An affidavit executed by the person seeking the refund
 1642  pursuant to this section, including a statement that he or she
 1643  purchased and used the fuel for which the refund is being
 1644  claimed during the period from September 10, 2017, through June
 1645  30, 2018, for an agricultural shipment.
 1646         (4)A person furnishing a false affidavit to the Department
 1647  of Revenue pursuant to subsection (3) is subject to the penalty
 1648  set forth in s. 206.11 and as otherwise provided by law.
 1649         (5)The tax imposed under s. 212.0501 does not apply to
 1650  fuel that is exempt under this section and for which a fuel
 1651  purchaser received a refund under this section.
 1652         (6)The Department of Revenue may, and all conditions are
 1653  deemed met to, adopt emergency rules pursuant to s. 120.54(4),
 1654  Florida Statutes, to administer this section.
 1655         (7)Notwithstanding any other law, emergency rules adopted
 1656  pursuant to subsection (6) are effective for 6 months after
 1657  adoption and may be renewed during the pendency of procedures to
 1658  adopt permanent rules addressing the subject of the emergency
 1659  rules.
 1660         (8) This section is considered a revenue law for the
 1661  purposes of ss. 213.05 and 213.06, Florida Statutes, and s.
 1662  72.011, Florida Statutes, applies to this section.
 1663         (9)This section shall take effect upon becoming a law and
 1664  operate retroactively to September 10, 2017.
 1665         Section 40. Paragraph (m) is added to subsection (8) of
 1666  section 193.155, Florida Statutes, to read:
 1667         193.155 Homestead assessments.—Homestead property shall be
 1668  assessed at just value as of January 1, 1994. Property receiving
 1669  the homestead exemption after January 1, 1994, shall be assessed
 1670  at just value as of January 1 of the year in which the property
 1671  receives the exemption unless the provisions of subsection (8)
 1672  apply.
 1673         (8) Property assessed under this section shall be assessed
 1674  at less than just value when the person who establishes a new
 1675  homestead has received a homestead exemption as of January 1 of
 1676  either of the 2 immediately preceding years. A person who
 1677  establishes a new homestead as of January 1, 2008, is entitled
 1678  to have the new homestead assessed at less than just value only
 1679  if that person received a homestead exemption on January 1,
 1680  2007, and only if this subsection applies retroactive to January
 1681  1, 2008. For purposes of this subsection, a husband and wife who
 1682  owned and both permanently resided on a previous homestead shall
 1683  each be considered to have received the homestead exemption even
 1684  though only the husband or the wife applied for the homestead
 1685  exemption on the previous homestead. The assessed value of the
 1686  newly established homestead shall be determined as provided in
 1687  this subsection.
 1688         (m)For purposes of receiving an assessment reduction
 1689  pursuant to this subsection, an owner of a homestead property
 1690  that was significantly damaged or destroyed as a result of a
 1691  named tropical storm or hurricane may elect, in the calendar
 1692  year following the named tropical storm or hurricane, to have
 1693  the significantly damaged or destroyed homestead deemed to have
 1694  been abandoned as of the date of the named tropical storm or
 1695  hurricane even though the owner received a homestead exemption
 1696  on the property as of January 1 of the year immediately
 1697  following the named tropical storm or hurricane. The election
 1698  provided for in this paragraph is available only if the owner
 1699  establishes a new homestead as of January 1 of the second year
 1700  immediately following the storm or hurricane. This paragraph
 1701  shall apply to homestead property damaged or destroyed on or
 1702  after January 1, 2017.
 1703         Section 41. Paragraph (g) of subsection (7) of section
 1704  163.01, Florida Statutes, is amended to read:
 1705         163.01 Florida Interlocal Cooperation Act of 1969.—
 1706         (7)
 1707         (g)1. Notwithstanding any other provisions of this section,
 1708  any separate legal entity created under this section, the
 1709  membership of which is limited to municipalities and counties of
 1710  the state, and which may include a special district in addition
 1711  to a municipality or county or both, may acquire, own,
 1712  construct, improve, operate, and manage public facilities, or
 1713  finance facilities on behalf of any person, relating to a
 1714  governmental function or purpose, including, but not limited to,
 1715  wastewater facilities, water or alternative water supply
 1716  facilities, and water reuse facilities, which may serve
 1717  populations within or outside of the members of the entity.
 1718  Notwithstanding s. 367.171(7), any separate legal entity created
 1719  under this paragraph is not subject to Public Service Commission
 1720  jurisdiction. The separate legal entity may not provide utility
 1721  services within the service area of an existing utility system
 1722  unless it has received the consent of the utility.
 1723         2. For purposes of this paragraph, the term:
 1724         a. “Host government” means the governing body of the
 1725  county, if the largest number of equivalent residential
 1726  connections currently served by a system of the utility is
 1727  located in the unincorporated area, or the governing body of a
 1728  municipality, if the largest number of equivalent residential
 1729  connections currently served by a system of the utility is
 1730  located within that municipality’s boundaries.
 1731         b. “Separate legal entity” means any entity created by
 1732  interlocal agreement the membership of which is limited to two
 1733  or more special districts, municipalities, or counties of the
 1734  state, but which entity is legally separate and apart from any
 1735  of its member governments.
 1736         c. “System” means a water or wastewater facility or group
 1737  of such facilities owned by one entity or affiliate entities.
 1738         d. “Utility” means a water or wastewater utility and
 1739  includes every person, separate legal entity, lessee, trustee,
 1740  or receiver owning, operating, managing, or controlling a
 1741  system, or proposing construction of a system, who is providing,
 1742  or proposes to provide, water or wastewater service to the
 1743  public for compensation.
 1744         3. A separate legal entity that seeks to acquire any
 1745  utility shall notify the host government in writing by certified
 1746  mail about the contemplated acquisition not less than 30 days
 1747  before any proposed transfer of ownership, use, or possession of
 1748  any utility assets by such separate legal entity. The potential
 1749  acquisition notice shall be provided to the legislative head of
 1750  the governing body of the host government and to its chief
 1751  administrative officer and shall provide the name and address of
 1752  a contact person for the separate legal entity and information
 1753  identified in s. 367.071(4)(a) concerning the contemplated
 1754  acquisition.
 1755         4.a. Within 30 days following receipt of the notice, the
 1756  host government may adopt a resolution to become a member of the
 1757  separate legal entity, adopt a resolution to approve the utility
 1758  acquisition, or adopt a resolution to prohibit the utility
 1759  acquisition by the separate legal entity if the host government
 1760  determines that the proposed acquisition is not in the public
 1761  interest. A resolution adopted by the host government which
 1762  prohibits the acquisition may include conditions that would make
 1763  the proposal acceptable to the host government.
 1764         b. If a host government adopts a membership resolution, the
 1765  separate legal entity shall accept the host government as a
 1766  member on the same basis as its existing members before any
 1767  transfer of ownership, use, or possession of the utility or the
 1768  utility facilities. If a host government adopts a resolution to
 1769  approve the utility acquisition, the separate legal entity may
 1770  complete the acquisition. If a host government adopts a
 1771  prohibition resolution, the separate legal entity may not
 1772  acquire the utility within that host government’s territory
 1773  without the specific consent of the host government by future
 1774  resolution. If a host government does not adopt a prohibition
 1775  resolution or an approval resolution, the separate legal entity
 1776  may proceed to acquire the utility after the 30-day notice
 1777  period without further notice.
 1778         5. After the acquisition or construction of any utility
 1779  systems by a separate legal entity created under this paragraph,
 1780  revenues or any other income may not be transferred or paid to a
 1781  member of a separate legal entity, or to any other special
 1782  district, county, or municipality, from user fees or other
 1783  charges or revenues generated from customers that are not
 1784  physically located within the jurisdictional or service delivery
 1785  boundaries of the member, special district, county, or
 1786  municipality receiving the transfer or payment. Any transfer or
 1787  payment to a member, special district, or other local government
 1788  must be solely from user fees or other charges or revenues
 1789  generated from customers that are physically located within the
 1790  jurisdictional or service delivery boundaries of the member,
 1791  special district, or local government receiving the transfer of
 1792  payment.
 1793         6. This section is an alternative provision otherwise
 1794  provided by law as authorized in s. 4, Art. VIII of the State
 1795  Constitution for any transfer of power as a result of an
 1796  acquisition of a utility by a separate legal entity from a
 1797  municipality, county, or special district.
 1798         7. The entity may finance or refinance the acquisition,
 1799  construction, expansion, and improvement of such facilities
 1800  relating to a governmental function or purpose through the
 1801  issuance of its bonds, notes, or other obligations under this
 1802  section or as otherwise authorized by law. The entity has all
 1803  the powers provided by the interlocal agreement under which it
 1804  is created or which are necessary to finance, own, operate, or
 1805  manage the public facility, including, without limitation, the
 1806  power to establish rates, charges, and fees for products or
 1807  services provided by it, the power to levy special assessments,
 1808  the power to sell or finance all or a portion of such facility,
 1809  and the power to contract with a public or private entity to
 1810  manage and operate such facilities or to provide or receive
 1811  facilities, services, or products. Except as may be limited by
 1812  the interlocal agreement under which the entity is created, all
 1813  of the privileges, benefits, powers, and terms of s. 125.01,
 1814  relating to counties, and s. 166.021, relating to
 1815  municipalities, are fully applicable to the entity. However,
 1816  neither the entity nor any of its members on behalf of the
 1817  entity may exercise the power of eminent domain over the
 1818  facilities or property of any existing water or wastewater plant
 1819  utility system, nor may the entity acquire title to any water or
 1820  wastewater plant utility facilities, other facilities, or
 1821  property which was acquired by the use of eminent domain after
 1822  the effective date of this act. Bonds, notes, and other
 1823  obligations issued by the entity are issued on behalf of the
 1824  public agencies that are members of the entity.
 1825         8. Any entity created under this section may also issue
 1826  bond anticipation notes in connection with the authorization,
 1827  issuance, and sale of bonds. The bonds may be issued as serial
 1828  bonds or as term bonds or both. Any entity may issue capital
 1829  appreciation bonds or variable rate bonds. Any bonds, notes, or
 1830  other obligations must be authorized by resolution of the
 1831  governing body of the entity and bear the date or dates; mature
 1832  at the time or times, not exceeding 40 years from their
 1833  respective dates; bear interest at the rate or rates; be payable
 1834  at the time or times; be in the denomination; be in the form;
 1835  carry the registration privileges; be executed in the manner; be
 1836  payable from the sources and in the medium or payment and at the
 1837  place; and be subject to the terms of redemption, including
 1838  redemption prior to maturity, as the resolution may provide. If
 1839  any officer whose signature, or a facsimile of whose signature,
 1840  appears on any bonds, notes, or other obligations ceases to be
 1841  an officer before the delivery of the bonds, notes, or other
 1842  obligations, the signature or facsimile is valid and sufficient
 1843  for all purposes as if he or she had remained in office until
 1844  the delivery. The bonds, notes, or other obligations may be sold
 1845  at public or private sale for such price as the governing body
 1846  of the entity shall determine. Pending preparation of the
 1847  definitive bonds, the entity may issue interim certificates,
 1848  which shall be exchanged for the definitive bonds. The bonds may
 1849  be secured by a form of credit enhancement, if any, as the
 1850  entity deems appropriate. The bonds may be secured by an
 1851  indenture of trust or trust agreement. In addition, the
 1852  governing body of the legal entity may delegate, to an officer,
 1853  official, or agent of the legal entity as the governing body of
 1854  the legal entity may select, the power to determine the time;
 1855  manner of sale, public or private; maturities; rate of interest,
 1856  which may be fixed or may vary at the time and in accordance
 1857  with a specified formula or method of determination; and other
 1858  terms and conditions as may be deemed appropriate by the
 1859  officer, official, or agent so designated by the governing body
 1860  of the legal entity. However, the amount and maturity of the
 1861  bonds, notes, or other obligations and the interest rate of the
 1862  bonds, notes, or other obligations must be within the limits
 1863  prescribed by the governing body of the legal entity and its
 1864  resolution delegating to an officer, official, or agent the
 1865  power to authorize the issuance and sale of the bonds, notes, or
 1866  other obligations.
 1867         9. Bonds, notes, or other obligations issued under this
 1868  paragraph may be validated as provided in chapter 75. The
 1869  complaint in any action to validate the bonds, notes, or other
 1870  obligations must be filed only in the Circuit Court for Leon
 1871  County. The notice required to be published by s. 75.06 must be
 1872  published in Leon County and in each county that is a member of
 1873  the entity issuing the bonds, notes, or other obligations, or in
 1874  which a member of the entity is located, and the complaint and
 1875  order of the circuit court must be served only on the State
 1876  Attorney of the Second Judicial Circuit and on the state
 1877  attorney of each circuit in each county that is a member of the
 1878  entity issuing the bonds, notes, or other obligations or in
 1879  which a member of the entity is located. Section 75.04(2) does
 1880  not apply to a complaint for validation brought by the legal
 1881  entity.
 1882         10. The accomplishment of the authorized purposes of a
 1883  legal entity created under this paragraph is in all respects for
 1884  the benefit of the people of the state, for the increase of
 1885  their commerce and prosperity, and for the improvement of their
 1886  health and living conditions. Since the legal entity will
 1887  perform essential governmental functions for the public health,
 1888  safety, and welfare in accomplishing its purposes, the legal
 1889  entity is not required to pay any taxes or assessments of any
 1890  kind whatsoever upon any property acquired or used by it for
 1891  such purposes or upon any revenues at any time received by it,
 1892  whether the property is within or outside the jurisdiction of
 1893  members of the entity. The exemption provided in this paragraph
 1894  applies regardless of whether the separate legal entity enters
 1895  into agreements with private firms or entities to manage,
 1896  operate, or improve the utilities owned by the separate legal
 1897  entity. The bonds, notes, and other obligations of an entity,
 1898  their transfer, and the income therefrom, including any profits
 1899  made on the sale thereof, are at all times free from taxation of
 1900  any kind by the state or by any political subdivision or other
 1901  agency or instrumentality thereof. The exemption granted in this
 1902  subparagraph is not applicable to any tax imposed by chapter 220
 1903  on interest, income, or profits on debt obligations owned by
 1904  corporations.
 1905         Section 42. Subsection (2) of section 206.052, Florida
 1906  Statutes, is renumbered as subsection (3), and a new subsection
 1907  (2) is added to that section, to read:
 1908         206.052 Export of tax-free fuels.—
 1909         (2)A terminal supplier may purchase taxable motor fuels
 1910  from another terminal supplier at a terminal without paying the
 1911  tax imposed pursuant to this part only under the following
 1912  circumstances:
 1913         (a)The terminal supplier who purchased the motor fuel will
 1914  sell the motor fuel to a licensed exporter for immediate export
 1915  from the state.
 1916         (b)The terminal supplier who purchased the motor fuel has
 1917  designated to the terminal supplier who sold the motor fuel the
 1918  destination for delivery of the fuel to a location outside the
 1919  state.
 1920         (c)The terminal supplier who purchased the motor fuel is
 1921  licensed in the state of destination and has supplied the
 1922  terminal supplier who sold the motor fuel with that license
 1923  number.
 1924         (d)The licensed exporter has not been barred from making
 1925  tax-free exports by the department for violation of s.
 1926  206.051(5).
 1927         (e)The terminal supplier who sold the motor fuel to the
 1928  other terminal supplier collects and remits to the state of
 1929  destination all taxes imposed by the destination state on the
 1930  fuel.
 1931         Section 43. Effective July 1, 2019, section 206.9826,
 1932  Florida Statutes, is created to read:
 1933         206.9826 Refund for certain air carriers.—An air carrier
 1934  conducting scheduled operations or all-cargo operations that are
 1935  authorized under 14 C.F.R. part 121, 14 C.F.R. part 129, or 14
 1936  C.F.R. part 135, is entitled to receive a refund of 1.42 cents
 1937  per gallon of the taxes imposed by this part on aviation fuel
 1938  purchased by such air carrier. The refund provided under this
 1939  section plus the refund provided under s. 206.9855 may not
 1940  exceed 4.27 cents per gallon of aviation fuel purchased by an
 1941  air carrier.
 1942         Section 44. The amendments made by this act to ss.
 1943  197.3631, 197.572, and 197.573, Florida Statutes, and the
 1944  creation by this act of s. 193.0237, Florida Statutes, first
 1945  apply to taxes and special assessments levied in 2018.
 1946         Section 45. For the 2018-2019 fiscal year, the sum of
 1947  $91,319 in nonrecurring funds is appropriated from the General
 1948  Revenue Fund to the Department of Revenue to implement the
 1949  provisions of this act.
 1950         Section 46. Except as otherwise expressly provided in this
 1951  act and except for this section, which shall take effect upon
 1952  this act becoming a law, this act shall take effect July 1,
 1953  2018.