Florida Senate - 2024                                    SB 1468
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-01353-24                                            20241468__
    1                        A bill to be entitled                      
    2         An act relating to the sales and use tax; amending s.
    3         212.08, F.S.; defining terms; exempting from the sales
    4         and use tax the purchase or lease of equipment by a
    5         provider of certain communication services or Internet
    6         access services; providing applicability; providing an
    7         effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Present paragraphs (ppp) through (uuu) of
   12  subsection (7) of section 212.08, Florida Statutes, are
   13  redesignated as paragraphs (qqq) through (vvv), respectively,
   14  and a new paragraph (ppp) is added to that subsection, to read:
   15         212.08 Sales, rental, use, consumption, distribution, and
   16  storage tax; specified exemptions.—The sale at retail, the
   17  rental, the use, the consumption, the distribution, and the
   18  storage to be used or consumed in this state of the following
   19  are hereby specifically exempt from the tax imposed by this
   20  chapter.
   21         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
   22  entity by this chapter do not inure to any transaction that is
   23  otherwise taxable under this chapter when payment is made by a
   24  representative or employee of the entity by any means,
   25  including, but not limited to, cash, check, or credit card, even
   26  when that representative or employee is subsequently reimbursed
   27  by the entity. In addition, exemptions provided to any entity by
   28  this subsection do not inure to any transaction that is
   29  otherwise taxable under this chapter unless the entity has
   30  obtained a sales tax exemption certificate from the department
   31  or the entity obtains or provides other documentation as
   32  required by the department. Eligible purchases or leases made
   33  with such a certificate must be in strict compliance with this
   34  subsection and departmental rules, and any person who makes an
   35  exempt purchase with a certificate that is not in strict
   36  compliance with this subsection and the rules is liable for and
   37  shall pay the tax. The department may adopt rules to administer
   38  this subsection.
   39         (ppp) Equipment purchased or leased in this state by a
   40  provider of communications services or Internet access services
   41  receiving broadband grants administered by the Department of
   42  Commerce.
   43         1.As used in this paragraph, the term:
   44         a.“Central office” means the location at which telephone
   45  subscribers’ lines are joined to switching equipment, including,
   46  but not limited to, switches, cable distribution frames, and
   47  batteries, for connecting other subscribers to each other,
   48  locally and long distance.
   49         b.“Communications services” has the same meaning as in s.
   50  202.11.
   51         c.“Headend” means the primary location in a communications
   52  provider’s network which receives television programming signals
   53  through satellite antennae or fiber optic cables for
   54  distribution to the customer premises through a distribution
   55  network. The headend processes and combines signals for
   56  distribution to hubs or directly to customer premises. In most
   57  cases, the headend also serves as a distribution hub for the
   58  fiber optic transfer nodes closest to the headend. The term also
   59  includes a super headend, which processes all incoming
   60  programming signals and transmits them to regional headends or
   61  directly to hubs. Headend equipment includes, but is not limited
   62  to, computer-based electronic equipment that receives
   63  programming signals and uses prescribed processes to combine,
   64  amplify, and convert the programming signals and transmit them
   65  through the distribution network.
   66         d.“Hub” means the secondary location in a communications
   67  provider’s network that is connected to the headend by fiber
   68  optic or other cable. A hub may contain electronic equipment
   69  that processes, converts, and transmits signals through the
   70  distribution network. A hub can serve a large number of business
   71  and residential communities.
   72         e.“Internet access service” has the same meaning as in s.
   73  202.11 and only applies to services that provide access to the
   74  Internet with a capacity for transmission at a consistent speed
   75  of at least 25 megabits per second for download and 3 megabits
   76  per second for upload.
   77         f.“Provider of communications services or Internet access
   78  services” means a dealer as defined in s. 202.11 and any member
   79  of an affiliated group as described in s. 202.37(1)(c)2.
   80         g.“Qualifying equipment” means equipment, machinery,
   81  software, or other infrastructure used to provide communications
   82  services or Internet access services, which must be located
   83  within a central office, headend, or hub operated by a provider
   84  of communications services or Internet access services.
   85         2.The purchase or lease of qualifying equipment used by a
   86  provider of communications services or Internet access services
   87  to fulfill the requirements of a Department of Commerce
   88  administered broadband grant is exempt from the tax imposed by
   89  this chapter.
   90         3.The exemption provided by this paragraph does not apply
   91  to any of the following:
   92         a.Land.
   93         b.Improvements to land.
   94         c.Office furniture and fixtures.
   95         d.General office equipment and machinery that is not used
   96  to provide communications services or Internet access services.
   97         e.Vehicles.
   98         f.Customer premise equipment.
   99         g.The facilities used to distribute signals to customer
  100  locations beyond the central office, headend, or hub facilities
  101  described herein, including fiber optic, coaxial, or other
  102  transmission cables; amplifiers; taps; and customer drops.
  103         4.The exemption provided by this paragraph does not apply
  104  to the tax levied under s. 212.031.
  105         Section 2. This act shall take effect July 1, 2024.