Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. CS/HB 7097, 1st Eng. Ì410044nÎ410044 LEGISLATIVE ACTION Senate . House Comm: OO . 03/11/2020 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 wereareplaced 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,