Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS/HB 7097, 1st Eng.
       
       
       
       
       
       
                                Ì410044nÎ410044                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: OO            .                                
                  03/11/2020           .                                
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       The Committee on Appropriations (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 2070 and 2071
    4  insert:
    5         Section 30. Paragraph (fff) of subsection (7) of section
    6  212.08, Florida Statutes, is amended, and paragraph (u) is added
    7  to subsection (5) of that section, to read:
    8         212.08 Sales, rental, use, consumption, distribution, and
    9  storage tax; specified exemptions.—The sale at retail, the
   10  rental, the use, the consumption, the distribution, and the
   11  storage to be used or consumed in this state of the following
   12  are hereby specifically exempt from the tax imposed by this
   13  chapter.
   14         (5) EXEMPTIONS; ACCOUNT OF USE.—
   15         (u)Aircraft equipment used in governmental contracts.
   16  Equipment, including electric and hydraulic ground power units,
   17  jet starter units, oxygen servicing and test equipment, engine
   18  trim boxes, and communications and avionics test sets, which is
   19  used to service, test, operate, upgrade, or configure aircraft
   20  for advanced training purposes as part of any contract with the
   21  United States Department of Defense or with a military branch of
   22  a recognized foreign government is exempt from the tax imposed
   23  by this chapter.
   24         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
   25  entity by this chapter do not inure to any transaction that is
   26  otherwise taxable under this chapter when payment is made by a
   27  representative or employee of the entity by any means,
   28  including, but not limited to, cash, check, or credit card, even
   29  when that representative or employee is subsequently reimbursed
   30  by the entity. In addition, exemptions provided to any entity by
   31  this subsection do not inure to any transaction that is
   32  otherwise taxable under this chapter unless the entity has
   33  obtained a sales tax exemption certificate from the department
   34  or the entity obtains or provides other documentation as
   35  required by the department. Eligible purchases or leases made
   36  with such a certificate must be in strict compliance with this
   37  subsection and departmental rules, and any person who makes an
   38  exempt purchase with a certificate that is not in strict
   39  compliance with this subsection and the rules is liable for and
   40  shall pay the tax. The department may adopt rules to administer
   41  this subsection.
   42         (fff) Aircraft temporarily in the state.—
   43         1. An aircraft owned by a nonresident is exempt from the
   44  use tax imposed under this chapter if the aircraft enters and
   45  remains in this state for less than a total of 21 days during
   46  the 6-month period after the date of purchase. The temporary use
   47  of the aircraft and subsequent removal from this state may be
   48  proven by invoices for fuel, tie-down, or hangar charges issued
   49  by out-of-state vendors or suppliers or similar documentation
   50  that clearly and specifically identifies the aircraft. The
   51  exemption provided in this subparagraph is in addition to the
   52  exemptions provided in subparagraphs 2. and 3. subparagraph 2.
   53  and s. 212.05(1)(a).
   54         2. An aircraft owned by a nonresident is exempt from the
   55  use tax imposed under this chapter if the aircraft enters or
   56  remains in this state exclusively for purposes of flight
   57  training, repairs, alterations, refitting, or modification. Such
   58  purposes shall be supported by written documentation issued by
   59  in-state vendors or suppliers which clearly and specifically
   60  identifies the aircraft. The exemption provided in this
   61  subparagraph is in addition to the exemptions provided in
   62  subparagraph 1. and s. 212.05(1)(a).
   63         3.An aircraft owned by a nonresident is exempt from the
   64  use tax imposed under this chapter if the aircraft enters or
   65  remains in this state exclusively to be used in service of a
   66  contract with the United States Department of Defense or with a
   67  military branch of a recognized foreign government. The
   68  exemption provided in this subparagraph is in addition to the
   69  exemptions provided in subparagraph 1. and s. 212.05(1)(a).
   70         Section 31. Effective October 1, 2020, paragraph (jjj) of
   71  subsection (7) of section 212.08, Florida Statutes, is amended
   72  to read:
   73         212.08 Sales, rental, use, consumption, distribution, and
   74  storage tax; specified exemptions.—The sale at retail, the
   75  rental, the use, the consumption, the distribution, and the
   76  storage to be used or consumed in this state of the following
   77  are hereby specifically exempt from the tax imposed by this
   78  chapter.
   79         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
   80  entity by this chapter do not inure to any transaction that is
   81  otherwise taxable under this chapter when payment is made by a
   82  representative or employee of the entity by any means,
   83  including, but not limited to, cash, check, or credit card, even
   84  when that representative or employee is subsequently reimbursed
   85  by the entity. In addition, exemptions provided to any entity by
   86  this subsection do not inure to any transaction that is
   87  otherwise taxable under this chapter unless the entity has
   88  obtained a sales tax exemption certificate from the department
   89  or the entity obtains or provides other documentation as
   90  required by the department. Eligible purchases or leases made
   91  with such a certificate must be in strict compliance with this
   92  subsection and departmental rules, and any person who makes an
   93  exempt purchase with a certificate that is not in strict
   94  compliance with this subsection and the rules is liable for and
   95  shall pay the tax. The department may adopt rules to administer
   96  this subsection.
   97         (jjj) Certain machinery and equipment.—
   98         1. Industrial machinery and equipment purchased by eligible
   99  manufacturing businesses which is used at a fixed location in
  100  this state for the manufacture, processing, compounding, or
  101  production of items of tangible personal property for sale is
  102  exempt from the tax imposed by this chapter. If, at the time of
  103  purchase, the purchaser furnishes the seller with a signed
  104  certificate certifying the purchaser’s entitlement to exemption
  105  pursuant to this paragraph, the seller is not required to
  106  collect the tax on the sale of such items, and the department
  107  shall look solely to the purchaser for recovery of the tax if it
  108  determines that the purchaser was not entitled to the exemption.
  109         2. For purposes of this paragraph, the term:
  110         a. “Eligible manufacturing business” means any business
  111  whose primary business activity at the location where the
  112  industrial machinery and equipment is located is within the
  113  industries classified under NAICS codes 31, 32, 33, 112511, and
  114  423930.
  115         b. “Eligible postharvest activity business” means a
  116  business whose primary business activity, at the location where
  117  the postharvest machinery and equipment is located, is within
  118  the industries classified under NAICS code 115114.
  119         c. “NAICS” means those classifications contained in the
  120  North American Industry Classification System, as published in
  121  2007 by the Office of Management and Budget, Executive Office of
  122  the President.
  123         d. “Primary business activity” means an activity
  124  representing more than 50 percent of the activities conducted at
  125  the location where the industrial machinery and equipment or
  126  postharvest machinery and equipment is located.
  127         e. “Industrial machinery and equipment” means tangible
  128  personal property or other property that has a depreciable life
  129  of 3 years or more and that is used as an integral part in the
  130  manufacturing, processing, compounding, or production of
  131  tangible personal property for sale. The term includes tangible
  132  personal property or other property that has a depreciable life
  133  of 3 years or more which is used as an integral part in the
  134  recycling of metals for sale. A building and its structural
  135  components are not industrial machinery and equipment unless the
  136  building or structural component is so closely related to the
  137  industrial machinery and equipment that it houses or supports
  138  that the building or structural component can be expected to be
  139  replaced when the machinery and equipment are replaced. Heating
  140  and air conditioning systems are not industrial machinery and
  141  equipment unless the sole justification for their installation
  142  is to meet the requirements of the production process, even
  143  though the system may provide incidental comfort to employees or
  144  serve, to an insubstantial degree, nonproduction activities. The
  145  term includes parts and accessories for industrial machinery and
  146  equipment only to the extent that the parts and accessories are
  147  necessary for the continued operation of the industrial
  148  machinery or equipment or were purchased before the date the
  149  machinery and equipment were are placed in service.
  150         f. “Postharvest activities” means services performed on
  151  crops, after their harvest, with the intent of preparing them
  152  for market or further processing. Postharvest activities
  153  include, but are not limited to, crop cleaning, sun drying,
  154  shelling, fumigating, curing, sorting, grading, packing, and
  155  cooling.
  156         g. “Postharvest machinery and equipment” means tangible
  157  personal property or other property with a depreciable life of 3
  158  years or more which is used primarily for postharvest
  159  activities. A building and its structural components are not
  160  postharvest industrial machinery and equipment unless the
  161  building or structural component is so closely related to the
  162  postharvest machinery and equipment that it houses or supports
  163  that the building or structural component can be expected to be
  164  replaced when the postharvest machinery and equipment is
  165  replaced. Heating and air conditioning systems are not
  166  postharvest machinery and equipment unless the sole
  167  justification for their installation is to meet the requirements
  168  of the postharvest activities process, even though the system
  169  may provide incidental comfort to employees or serve, to an
  170  insubstantial degree, nonpostharvest activities.
  171         3. Postharvest machinery and equipment purchased by an
  172  eligible postharvest activity business which is used at a fixed
  173  location in this state is exempt from the tax imposed by this
  174  chapter. All labor charges for the repair of, and parts and
  175  materials used in the repair of and incorporated into, such
  176  postharvest machinery and equipment are also exempt. If, at the
  177  time of purchase, the purchaser furnishes the seller with a
  178  signed certificate certifying the purchaser’s entitlement to
  179  exemption pursuant to this subparagraph, the seller is not
  180  required to collect the tax on the sale of such items, and the
  181  department shall look solely to the purchaser for recovery of
  182  the tax if it determines that the purchaser was not entitled to
  183  the exemption.
  184  
  185  ================= T I T L E  A M E N D M E N T ================
  186  And the title is amended as follows:
  187         Delete line 117
  188  and insert:
  189         reports; providing applicability; amending s. 212.08,
  190         F.S.; providing a sales tax exemption for certain
  191         aircraft equipment used as part of certain
  192         governmental contracts; providing a use tax exemption
  193         for certain aircraft owned by nonresidents and used in
  194         service of certain governmental contracts; providing
  195         construction; providing a sales tax exemption for
  196         parts and accessories necessary for the continued
  197         operation of certain industrial machinery or
  198         equipment; amending s. 212.134,