Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. CS/HB 7097, 1st Eng. Ì569010mÎ569010 LEGISLATIVE ACTION Senate . House Comm: RE . 03/11/2020 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Brandes) recommended the following: 1 Senate Amendment to Amendment (864620) (with title 2 amendment) 3 4 Between lines 2162 and 2163 5 insert: 6 Section 34. Paragraph (fff) of subsection (7) of section 7 212.08, Florida Statutes, is amended, and paragraph (u) is added 8 to subsection (5) of that section, to read: 9 212.08 Sales, rental, use, consumption, distribution, and 10 storage tax; specified exemptions.—The sale at retail, the 11 rental, the use, the consumption, the distribution, and the 12 storage to be used or consumed in this state of the following 13 are hereby specifically exempt from the tax imposed by this 14 chapter. 15 (5) EXEMPTIONS; ACCOUNT OF USE.— 16 (u) Aircraft equipment used in governmental contracts. 17 Equipment, including electric and hydraulic ground power units, 18 jet starter units, oxygen servicing and test equipment, engine 19 trim boxes, and communications and avionics test sets, which is 20 used to service, test, operate, upgrade, or configure aircraft 21 for advanced training purposes as part of any contract with the 22 United States Department of Defense or with a military branch of 23 a recognized foreign government is exempt from the tax imposed 24 by this chapter. 25 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any 26 entity by this chapter do not inure to any transaction that is 27 otherwise taxable under this chapter when payment is made by a 28 representative or employee of the entity by any means, 29 including, but not limited to, cash, check, or credit card, even 30 when that representative or employee is subsequently reimbursed 31 by the entity. In addition, exemptions provided to any entity by 32 this subsection do not inure to any transaction that is 33 otherwise taxable under this chapter unless the entity has 34 obtained a sales tax exemption certificate from the department 35 or the entity obtains or provides other documentation as 36 required by the department. Eligible purchases or leases made 37 with such a certificate must be in strict compliance with this 38 subsection and departmental rules, and any person who makes an 39 exempt purchase with a certificate that is not in strict 40 compliance with this subsection and the rules is liable for and 41 shall pay the tax. The department may adopt rules to administer 42 this subsection. 43 (fff) Aircraft temporarily in the state.— 44 1. An aircraft owned by a nonresident is exempt from the 45 use tax imposed under this chapter if the aircraft enters and 46 remains in this state for less than a total of 21 days during 47 the 6-month period after the date of purchase. The temporary use 48 of the aircraft and subsequent removal from this state may be 49 proven by invoices for fuel, tie-down, or hangar charges issued 50 by out-of-state vendors or suppliers or similar documentation 51 that clearly and specifically identifies the aircraft. The 52 exemption provided in this subparagraph is in addition to the 53 exemptions provided in subparagraphs 2. and 3.subparagraph 2.54 and s. 212.05(1)(a). 55 2. An aircraft owned by a nonresident is exempt from the 56 use tax imposed under this chapter if the aircraft enters or 57 remains in this state exclusively for purposes of flight 58 training, repairs, alterations, refitting, or modification. Such 59 purposes shall be supported by written documentation issued by 60 in-state vendors or suppliers which clearly and specifically 61 identifies the aircraft. The exemption provided in this 62 subparagraph is in addition to the exemptions provided in 63 subparagraph 1. and s. 212.05(1)(a). 64 3. 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 to be used in service of a 67 contract with the United States Department of Defense or with a 68 military branch of a recognized foreign government. The 69 exemption provided in this subparagraph is in addition to the 70 exemptions provided in subparagraph 1. and s. 212.05(1)(a). 71 Section 35. Effective October 1, 2020, paragraph (jjj) of 72 subsection (7) of section 212.08, Florida Statutes, is amended 73 to read: 74 212.08 Sales, rental, use, consumption, distribution, and 75 storage tax; specified exemptions.—The sale at retail, the 76 rental, the use, the consumption, the distribution, and the 77 storage to be used or consumed in this state of the following 78 are hereby specifically exempt from the tax imposed by this 79 chapter. 80 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any 81 entity by this chapter do not inure to any transaction that is 82 otherwise taxable under this chapter when payment is made by a 83 representative or employee of the entity by any means, 84 including, but not limited to, cash, check, or credit card, even 85 when that representative or employee is subsequently reimbursed 86 by the entity. In addition, exemptions provided to any entity by 87 this subsection do not inure to any transaction that is 88 otherwise taxable under this chapter unless the entity has 89 obtained a sales tax exemption certificate from the department 90 or the entity obtains or provides other documentation as 91 required by the department. Eligible purchases or leases made 92 with such a certificate must be in strict compliance with this 93 subsection and departmental rules, and any person who makes an 94 exempt purchase with a certificate that is not in strict 95 compliance with this subsection and the rules is liable for and 96 shall pay the tax. The department may adopt rules to administer 97 this subsection. 98 (jjj) Certain machinery and equipment.— 99 1. Industrial machinery and equipment purchased by eligible 100 manufacturing businesses which is used at a fixed location in 101 this state for the manufacture, processing, compounding, or 102 production of items of tangible personal property for sale is 103 exempt from the tax imposed by this chapter. If, at the time of 104 purchase, the purchaser furnishes the seller with a signed 105 certificate certifying the purchaser’s entitlement to exemption 106 pursuant to this paragraph, the seller is not required to 107 collect the tax on the sale of such items, and the department 108 shall look solely to the purchaser for recovery of the tax if it 109 determines that the purchaser was not entitled to the exemption. 110 2. For purposes of this paragraph, the term: 111 a. “Eligible manufacturing business” means any business 112 whose primary business activity at the location where the 113 industrial machinery and equipment is located is within the 114 industries classified under NAICS codes 31, 32, 33, 112511, and 115 423930. 116 b. “Eligible postharvest activity business” means a 117 business whose primary business activity, at the location where 118 the postharvest machinery and equipment is located, is within 119 the industries classified under NAICS code 115114. 120 c. “NAICS” means those classifications contained in the 121 North American Industry Classification System, as published in 122 2007 by the Office of Management and Budget, Executive Office of 123 the President. 124 d. “Primary business activity” means an activity 125 representing more than 50 percent of the activities conducted at 126 the location where the industrial machinery and equipment or 127 postharvest machinery and equipment is located. 128 e. “Industrial machinery and equipment” means tangible 129 personal property or other property that has a depreciable life 130 of 3 years or more and that is used as an integral part in the 131 manufacturing, processing, compounding, or production of 132 tangible personal property for sale. The term includes tangible 133 personal property or other property that has a depreciable life 134 of 3 years or more which is used as an integral part in the 135 recycling of metals for sale. A building and its structural 136 components are not industrial machinery and equipment unless the 137 building or structural component is so closely related to the 138 industrial machinery and equipment that it houses or supports 139 that the building or structural component can be expected to be 140 replaced when the machinery and equipment are replaced. Heating 141 and air conditioning systems are not industrial machinery and 142 equipment unless the sole justification for their installation 143 is to meet the requirements of the production process, even 144 though the system may provide incidental comfort to employees or 145 serve, to an insubstantial degree, nonproduction activities. The 146 term includes parts and accessories for industrial machinery and 147 equipment only to the extent that the parts and accessories are 148 necessary for the continued operation of the industrial 149 machinery or equipment or were purchased before the date the 150 machinery and equipment wereareplaced in service. 151 f. “Postharvest activities” means services performed on 152 crops, after their harvest, with the intent of preparing them 153 for market or further processing. Postharvest activities 154 include, but are not limited to, crop cleaning, sun drying, 155 shelling, fumigating, curing, sorting, grading, packing, and 156 cooling. 157 g. “Postharvest machinery and equipment” means tangible 158 personal property or other property with a depreciable life of 3 159 years or more which is used primarily for postharvest 160 activities. A building and its structural components are not 161 postharvest industrial machinery and equipment unless the 162 building or structural component is so closely related to the 163 postharvest machinery and equipment that it houses or supports 164 that the building or structural component can be expected to be 165 replaced when the postharvest machinery and equipment is 166 replaced. Heating and air conditioning systems are not 167 postharvest machinery and equipment unless the sole 168 justification for their installation is to meet the requirements 169 of the postharvest activities process, even though the system 170 may provide incidental comfort to employees or serve, to an 171 insubstantial degree, nonpostharvest activities. 172 3. Postharvest machinery and equipment purchased by an 173 eligible postharvest activity business which is used at a fixed 174 location in this state is exempt from the tax imposed by this 175 chapter. All labor charges for the repair of, and parts and 176 materials used in the repair of and incorporated into, such 177 postharvest machinery and equipment are also exempt. If, at the 178 time of purchase, the purchaser furnishes the seller with a 179 signed certificate certifying the purchaser’s entitlement to 180 exemption pursuant to this subparagraph, the seller is not 181 required to collect the tax on the sale of such items, and the 182 department shall look solely to the purchaser for recovery of 183 the tax if it determines that the purchaser was not entitled to 184 the exemption. 185 186 ================= T I T L E A M E N D M E N T ================ 187 And the title is amended as follows: 188 Delete line 3832 189 and insert: 190 circumstances; providing applicability; amending s. 191 212.08, F.S.; providing a sales tax exemption for 192 certain aircraft equipment used as part of certain 193 governmental contracts; providing a use tax exemption 194 for certain aircraft owned by nonresidents and used in 195 service of certain governmental contracts; providing 196 construction; providing a sales tax exemption for 197 parts and accessories necessary for the continued 198 operation of certain industrial machinery or 199 equipment; creating s.