Florida Senate - 2020 SB 1642 By Senator Gruters 23-01546A-20 20201642__ 1 A bill to be entitled 2 An act relating to tax exemptions; amending s. 212.08, 3 F.S.; providing a sales tax exemption for certain 4 aircraft equipment used as part of certain 5 governmental contracts; providing a use tax exemption 6 for certain aircraft owned by nonresidents and used in 7 service of certain governmental contracts; providing 8 construction; providing a sales tax exemption for 9 parts and accessories necessary for the continued 10 operation of certain industrial machinery or 11 equipment; providing effective dates. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Paragraph (fff) of subsection (7) of section 16 212.08, Florida Statutes, is amended, and paragraph (u) is added 17 to subsection (5) of that section, to read: 18 212.08 Sales, rental, use, consumption, distribution, and 19 storage tax; specified exemptions.—The sale at retail, the 20 rental, the use, the consumption, the distribution, and the 21 storage to be used or consumed in this state of the following 22 are hereby specifically exempt from the tax imposed by this 23 chapter. 24 (5) EXEMPTIONS; ACCOUNT OF USE.— 25 (u) Aircraft equipment used in governmental contracts. 26 Equipment, including electric and hydraulic ground power units, 27 jet starter units, oxygen servicing and test equipment, engine 28 trim boxes, and communications and avionics test sets, which is 29 used to service, test, operate, upgrade, or configure aircraft 30 for advanced training purposes as part of any contract with the 31 United States Department of Defense or with a military branch of 32 a recognized foreign government is exempt from the tax imposed 33 by this chapter. 34 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any 35 entity by this chapter do not inure to any transaction that is 36 otherwise taxable under this chapter when payment is made by a 37 representative or employee of the entity by any means, 38 including, but not limited to, cash, check, or credit card, even 39 when that representative or employee is subsequently reimbursed 40 by the entity. In addition, exemptions provided to any entity by 41 this subsection do not inure to any transaction that is 42 otherwise taxable under this chapter unless the entity has 43 obtained a sales tax exemption certificate from the department 44 or the entity obtains or provides other documentation as 45 required by the department. Eligible purchases or leases made 46 with such a certificate must be in strict compliance with this 47 subsection and departmental rules, and any person who makes an 48 exempt purchase with a certificate that is not in strict 49 compliance with this subsection and the rules is liable for and 50 shall pay the tax. The department may adopt rules to administer 51 this subsection. 52 (fff) Aircraft temporarily in the state.— 53 1. An aircraft owned by a nonresident is exempt from the 54 use tax imposed under this chapter if the aircraft enters and 55 remains in this state for less than a total of 21 days during 56 the 6-month period after the date of purchase. The temporary use 57 of the aircraft and subsequent removal from this state may be 58 proven by invoices for fuel, tie-down, or hangar charges issued 59 by out-of-state vendors or suppliers or similar documentation 60 that clearly and specifically identifies the aircraft. The 61 exemption provided in this subparagraph is in addition to the 62 exemptions provided in subparagraphs 2. and 3.subparagraph 2.63 and s. 212.05(1)(a). 64 2. An aircraft owned by a nonresident is exempt from the 65 use tax imposed under this chapter if the aircraft enters or 66 remains in this state exclusively for purposes of flight 67 training, repairs, alterations, refitting, or modification. Such 68 purposes shall be supported by written documentation issued by 69 in-state vendors or suppliers which clearly and specifically 70 identifies the aircraft. The exemption provided in this 71 subparagraph is in addition to the exemptions provided in 72 subparagraph 1. and s. 212.05(1)(a). 73 3. An aircraft owned by a nonresident is exempt from the 74 use tax imposed under this chapter if the aircraft enters or 75 remains in this state exclusively to be used in service of a 76 contract with the United States Department of Defense or with a 77 military branch of a recognized foreign government. The 78 exemption provided in this subparagraph is in addition to the 79 exemptions provided in subparagraph 1. and s. 212.05(1)(a). 80 Section 2. Effective October 1, 2020, paragraph (jjj) of 81 subsection (7) of section 212.08, Florida Statutes, is amended 82 to read: 83 212.08 Sales, rental, use, consumption, distribution, and 84 storage tax; specified exemptions.—The sale at retail, the 85 rental, the use, the consumption, the distribution, and the 86 storage to be used or consumed in this state of the following 87 are hereby specifically exempt from the tax imposed by this 88 chapter. 89 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any 90 entity by this chapter do not inure to any transaction that is 91 otherwise taxable under this chapter when payment is made by a 92 representative or employee of the entity by any means, 93 including, but not limited to, cash, check, or credit card, even 94 when that representative or employee is subsequently reimbursed 95 by the entity. In addition, exemptions provided to any entity by 96 this subsection do not inure to any transaction that is 97 otherwise taxable under this chapter unless the entity has 98 obtained a sales tax exemption certificate from the department 99 or the entity obtains or provides other documentation as 100 required by the department. Eligible purchases or leases made 101 with such a certificate must be in strict compliance with this 102 subsection and departmental rules, and any person who makes an 103 exempt purchase with a certificate that is not in strict 104 compliance with this subsection and the rules is liable for and 105 shall pay the tax. The department may adopt rules to administer 106 this subsection. 107 (jjj) Certain machinery and equipment.— 108 1. Industrial machinery and equipment purchased by eligible 109 manufacturing businesses which is used at a fixed location in 110 this state for the manufacture, processing, compounding, or 111 production of items of tangible personal property for sale is 112 exempt from the tax imposed by this chapter. If, at the time of 113 purchase, the purchaser furnishes the seller with a signed 114 certificate certifying the purchaser’s entitlement to exemption 115 pursuant to this paragraph, the seller is not required to 116 collect the tax on the sale of such items, and the department 117 shall look solely to the purchaser for recovery of the tax if it 118 determines that the purchaser was not entitled to the exemption. 119 2. For purposes of this paragraph, the term: 120 a. “Eligible manufacturing business” means any business 121 whose primary business activity at the location where the 122 industrial machinery and equipment is located is within the 123 industries classified under NAICS codes 31, 32, 33, 112511, and 124 423930. 125 b. “Eligible postharvest activity business” means a 126 business whose primary business activity, at the location where 127 the postharvest machinery and equipment is located, is within 128 the industries classified under NAICS code 115114. 129 c. “NAICS” means those classifications contained in the 130 North American Industry Classification System, as published in 131 2007 by the Office of Management and Budget, Executive Office of 132 the President. 133 d. “Primary business activity” means an activity 134 representing more than 50 percent of the activities conducted at 135 the location where the industrial machinery and equipment or 136 postharvest machinery and equipment is located. 137 e. “Industrial machinery and equipment” means tangible 138 personal property or other property that has a depreciable life 139 of 3 years or more and that is used as an integral part in the 140 manufacturing, processing, compounding, or production of 141 tangible personal property for sale. The term includes tangible 142 personal property or other property that has a depreciable life 143 of 3 years or more which is used as an integral part in the 144 recycling of metals for sale. A building and its structural 145 components are not industrial machinery and equipment unless the 146 building or structural component is so closely related to the 147 industrial machinery and equipment that it houses or supports 148 that the building or structural component can be expected to be 149 replaced when the machinery and equipment are replaced. Heating 150 and air conditioning systems are not industrial machinery and 151 equipment unless the sole justification for their installation 152 is to meet the requirements of the production process, even 153 though the system may provide incidental comfort to employees or 154 serve, to an insubstantial degree, nonproduction activities. The 155 term includes parts and accessories for industrial machinery and 156 equipment only to the extent that the parts and accessories are 157 necessary for the continued operation of the industrial 158 machinery or equipment or were purchased before the date the 159 machinery and equipment wereareplaced in service. 160 f. “Postharvest activities” means services performed on 161 crops, after their harvest, with the intent of preparing them 162 for market or further processing. Postharvest activities 163 include, but are not limited to, crop cleaning, sun drying, 164 shelling, fumigating, curing, sorting, grading, packing, and 165 cooling. 166 g. “Postharvest machinery and equipment” means tangible 167 personal property or other property with a depreciable life of 3 168 years or more which is used primarily for postharvest 169 activities. A building and its structural components are not 170 postharvest industrial machinery and equipment unless the 171 building or structural component is so closely related to the 172 postharvest machinery and equipment that it houses or supports 173 that the building or structural component can be expected to be 174 replaced when the postharvest machinery and equipment is 175 replaced. Heating and air conditioning systems are not 176 postharvest machinery and equipment unless the sole 177 justification for their installation is to meet the requirements 178 of the postharvest activities process, even though the system 179 may provide incidental comfort to employees or serve, to an 180 insubstantial degree, nonpostharvest activities. 181 3. Postharvest machinery and equipment purchased by an 182 eligible postharvest activity business which is used at a fixed 183 location in this state is exempt from the tax imposed by this 184 chapter. All labor charges for the repair of, and parts and 185 materials used in the repair of and incorporated into, such 186 postharvest machinery and equipment are also exempt. If, at the 187 time of purchase, the purchaser furnishes the seller with a 188 signed certificate certifying the purchaser’s entitlement to 189 exemption pursuant to this subparagraph, the seller is not 190 required to collect the tax on the sale of such items, and the 191 department shall look solely to the purchaser for recovery of 192 the tax if it determines that the purchaser was not entitled to 193 the exemption. 194 Section 3. Except as otherwise expressly provided in this 195 act, this act shall take effect July 1, 2020.