Tax Reductions - State
SALES TAX
Business Rent Tax – The sales tax on the rent, lease or license fee charged for commercial real property was reduced from 5.8 percent to 5.7 percent, effective January 1, 2019. This followed a reduction from 6.0 percent to 5.8 percent last year. Impact: $31.0 million recurring (including $3.5 million local)
Sales Tax (Business Rent Tax) Credit Scholarship Programs – The Florida Sales Tax Credit Scholarship Program was created under the existing Florida Tax Credit Scholarship Program (FTC) to expand school choice and provide additional revenue for private school scholarships for low-income and foster children. A taxpayer may receive a credit against the Business Rent Tax that is equal to his or her monetary contribution to the program. Contributions may be used for either the existing FTC program or the Gardiner Scholarship Program. Total credits are capped at $57.5 million per year on a first-come, first-served basis. Impact: $57.5 million recurring (no local impact)
The Hope Scholarship Program (HSP) – HSP was created for students subjected to bullying, harassment, or certain misconduct in public schools. It provides the parent of a public school student subjected to an incident at school the opportunity to transfer the student to a public school within the school district, receive a scholarship to transport the student to a public school in another school district, or receive a scholarship for the student to attend a private school. Under HSP a purchaser of a motor vehicle may take a credit of up to $105 for an eligible contribution made to a nonprofit scholarship-funding organization against any tax imposed by the state and collected from the purchaser by a dealer. Impact: $41.2 million recurring (no local impact)
Back to School Sales Tax Holiday – Established another 3-day period (August 3-5, 2018) during which certain items would be exempt from state and local sales taxes. The exempt items were: clothing, footwear, wallets and bags that cost $60 or less per item, and schools supplies costing $15 or less per item. Computers and accessories were not included in this year’s holiday. Impact: $32.7 million one-time (including $6.7 million local)
Agricultural Hurricane Recovery – To help agriculture with hurricane recovery expenses, a temporary sales tax exemption and refund system was created for materials used to repair fencing damaged by Irma and building materials to repair nonresidential farm buildings. Both exemptions applied from September 10, 2017 to May 31, 2018. Impact: $11.6 million one-time (including $2.4 million local)
Disaster Preparedness Sales Tax Holiday – Created a 7-day sales tax holiday ( June 1-7, 2018). The following items (and price limits) were exempt: portable self-powered light sources ($20) and radios ($50); tarps and waterproof sheeting ($50); ground anchor systems ($50); gas tanks ($25); batteries ($30), nonelectric coolers ($30); portable generators ($750); and reusable ice ($10). Impact: $5.8 million one-time (including $1.2 million local)
Electric Generators – A temporary exemption for generators used by nursing homes or assisted living facilities was enacted for purchases made between July 1, 2017 and December 31, 2018. The exemption was limited to a maximum of $15,000 in tax for any one facility. Following the electrical outages after Hurricane Irma, the state required these facilities to purchase sufficient generators. Impact: $6.7 million one-time (including $1.4 million local)
Wholesalers of Recyclable Materials – “Recyclable Material Merchant Wholesalers” (NAICS code 423930) were added to the industries exempted from the tax on electricity or steam used to operate machinery. Roll-off containers purchased by these businesses were also exempted from sales taxes. These businesses engage in the merchant wholesale distribution of automotive scrap, industrial scrap, and other recyclable materials. Impact: $1.2 million recurring (including $0.2 million local)
Aquaculture – Sales tax exemptions were created for liquefied petroleum gas used in aquacultural equipment, electricity used in raising aquaculture products and in fish packinghouses, and machinery and equipment used in aquaculture, fish farming, and fish hatcheries. Impact: $0.2 million recurring (insignificant local)
CORPORATE INCOME TAX/VARIOUS TAXES
Tax Credit Scholarship Program – A number of changes were made to the programs providing tax credits for contributions to private school scholarships, including allowing taxpayers to apply for a credit to be used for a previous taxable year and increasing the carryforward of unused credits from five to 10 years. Impact: $10.0 million recurring
Community Contribution Tax Credit – Additional credits against the sales tax, corporate income tax and insurance premium tax of $2 million 2018-19 and $3 million in 2019-20 were provided for projects that provide homeownership opportunities for low-income households or persons with special needs. This was on top of the annual cap of $14.0 million for the CCTCP. Most of the credits are used against sales tax liability. Impact: $5.0 million over two years (including $1.0 million local)
Brownfields Tax Credit – A one-time, $8.5 million increase in corporate income tax credit authorization was provided in FY2018-19 to fund the backlog of tax credit applications. The normal cap on these credits is $10 million annually. These credits encourage site rehabilitation in brownfield areas and voluntary cleanup of certain other types of contaminated sites. Impact: $8.5 million one-time
DOCUMENTARY STAMP TAX
Spousal Homestead Transfers – An exemption was created for the transfer or conveyance of homestead property between spouses if the document is recorded within one year after marriage and the only consideration is the amount of a mortgage or other lien. Impact: $1.5 million recurring
Loans issued by Local Housing Finance Authorities – An exemption was created for any note or mortgage given in connection with a loan made by or on behalf of a housing finance authority. The exemption does not apply to a deed financed by a housing finance authority. Impact: $0.5 million recurring
Disaster Loans – An exemption for loans made by Florida Small Business Emergency Loan Program or the Agricultural Economic Development Program was enacted. Impact: Indeterminate
FUEL TAX
Aviation Fuel Tax – Commercial carriers and all cargo air carriers received a 1.42 percent credit on their aviation fuel taxes, effective July 1, 2019. This effectively reduced the rate from 4.27 cents per gallon to 2.85 cents per gallon. The tax rate was already scheduled to be reduced from 6.9 cents to 4.27 cents on July 1, 2019. Impact: $14.1 million recurring
Natural Gas Fuel – Provided for a 5-year delay of the imposition of fuel taxes on natural gas used in motor vehicles that would have otherwise gone into effect on January 1, 2019. This fuel is currently exempt from taxation but was scheduled be taxed at 21 cents per motor fuel equivalent gallon, 15 cents of which would have been adjusted annually for inflation. Impact: $0.8 million recurring (including $0.2 million local)
Fuel Used for Agricultural Shipment after Hurricane Irma – A refund of state and local taxes imposed on motor and diesel fuel was provided for fuel that is used for the transportation of agricultural products from the farm to a facility used to process, package, or store the product. This refund of previously paid taxes applied to purchases made between September 10, 2017, and June 30, 2018. Impact: $3.7 million one-time (including $1.2 local)
Exported Motor Fuels – An exemption from motor fuel taxes was created for certain terminal suppliers who resell motor fuel for immediate export from the state. Impact: Insignificant recurring
OTHER STATE TAXES
Truck License Taxes – The restriction that a truck only be operated within 150 miles of its home address to qualify for a lower-cost agricultural restricted license plate was be removed. Impact: Insignificant recurring
Traffic Fines – A reduction of 9 percent was provided for fines for noncriminal traffic infractions if the person elects to attend driver improvement school, effective January 1, 2019. Impact: $1.8 million recurring
Communications Services Dealers – The communications services tax (CST) rewrite in 2000 replaced several taxes, fees and charges that could be imposed on dealers of communications services for occupying roads and rights-of-way with a local CST. These charges were therefore preempted by the state. In 2018, “security fund” was added to the list of charges that are preempted. Impact: Indeterminate
Marketplace Contractors – The new law provided that a person that provides temporary household services through an on-line marketplace is considered an independent contractor, not an employee, for purposes of state and local laws. This clarified that they are exempt from workers’ and unemployment compensation taxes and local business taxes and fees. The exemption covers services such as local moving, furniture assembly, interior painting and home cleaning. Impact: $2.6 million recurring
Tax Reductions - Local
PROPERTY TAX
Hurricane Relief – Homestead Property – A property tax refund was provided for homes rendered uninhabitable for at least 30 days by Hurricanes Hermine, Matthew or Irma. The refund was equal to the “damage differential” (percent difference in value multiplied by the percentage of the year the home was uninhabitable) multiplied by the amount of taxes levied in the year the hurricane occurred. This provision applied retroactively to January 1, 2016, and expires January 1, 2021. The state reimbursed fiscally constrained counties and Monroe County for lost revenue from this refund. Impact: $13.0 million one-time
Hurricane Relief – Save Our Homes (SOH) Portability – Owners of the homestead property that was significantly damaged by a tropical storm or hurricane are allowed to keep their SOH benefit if they move to a new homestead by the end of the year following the storm. This applies to homestead property damaged or destroyed after January 1, 2017. Impact: $1.2 million recurring
Hurricane Relief – Citrus Processing Equipment – Equipment that is idle because of citrus greening or Hurricane Irma was assessed at no more than salvage value for the 2018 tax year only. The state reimbursed fiscally constrained counties for lost property tax revenue. Impact: $10.5 million one-time
Hurricane Relief – Agricultural Land – Allowed agricultural land that is not being used for agricultural purposes due to a hurricane in 2017 to continue to be classified as ag land for 5 years after being damaged by a natural disaster, unless the land is converted to non-agricultural use. Impact: Indeterminate
Horticulture – Provided that screened enclosed structures used in horticulture production for pest exclusion, when consistent with state or federal eradication or compliance agreements, have no separately assessable value for purposes of ad valorem taxation. Impact: $2.0 million recurring
Multi-parcel Buildings – For property tax and non-ad valorem assessments, the just value of the land must be allocated among the parcels in the same proportion as the value of each parcel’s improvements. The value may not be separately assessed. The applies to non-homestead assessments that are based on the size or area of the land. For other assessments, each parcel will be assessed separately. Impact: Indeterminate
Surviving Spouses of Disabled Ex-Military Servicemembers – The requirement that spouses be married for at least 5 years on the ex-servicemember’s death in order to be entitled to the current $5,000 property tax exemption was eliminated. Impact: $0.1 million recurring
OTHER LOCAL TAXES
Local Business Taxes and Fees – An exemption was created for honorably discharged veterans and their spouses, unremarried surviving spouses of such veterans, spouses of active duty military servicemembers who have been relocated to the county or municipality due to a permanent change of station order, persons receiving public assistance and persons with a household income below 130 percent of the federal poverty level. Impact: $19.1 million local recurring
Fee Reductions - State
State Licensing Fees – Waivers for professional licensing fees for many occupations were granted for certain military members, veterans, and their spouses. Included were occupations regulated by the Departments of Business and Professional Regulation, Agriculture and Consumer Services, Financial Services, Health, and Education. Impact: $2.9 million recurring (likely more because the impact on several of the licensing fees was indeterminate)
Health Care Facilities – The licensing of facility risk managers and clinical laboratory was eliminated, along with licensure application and renewal fees. Impact: $2.0 million recurring
Driver Licenses Fees – Veterans were exempted from the Specialty Drivers License Fee ($2) and the Tax Collector Fee. Impact: $0.1 million recurring
Agricultural Fees – A number of fees charged by the Department of Agriculture and Consumer Services, were changed, reduced, or eliminated. Impact: Indeterminate recurring
Pharmacy Fees – Class III institutional pharmacy license holders were exempted from obtaining an additional DBPR permit to distribute medical drugs ($600 biennial fee) or to repackaged drug products ($1,500 biennial fee) between certain entities under common control. Hospitals that participate in the Section 340B Drug Discount Program were also from obtaining a Restricted Prescription Drug Distributor permit (600 biennial fee). Impact: Insignificant recurring
Fee Reductions - Local
Driver Licenses Fees – Veterans were exempted from the Tax Collector Fee. Impact: $0.4 million recurring
Tuition Reductions
Military Tuition Waivers – Florida colleges were authorized to waive any portion of specified fees that are not covered under the federal Military Tuition Assistance Program. Impact: Indeterminate
Excess Credit Hour Surcharge - State universities were required to refund the assessed excess credit hour surcharge, for up to 12 credit hours, to any first-time-in-college student who completes a baccalaureate degree program within 4 years after initial enrollment in a state university. Impact: $1.3 million recurring
New Fees/Increased Fees - State
Weights and Measures - The Department of Agriculture and Consumer Services (DACS) imposes permit fees for weights and measures instruments in a range from $40 to $250, depending upon the type of device. Examples of these devices are gas pumps, scales, price scanners, and other commercial weighing and measuring devices. The fees were scheduled to be repealed on July 1, 2020. The 2018 legislature extended that repeal until July 1, 2025. Impact: $2.4 million annually for five years.
Liquefied Petroleum (LP) Gas – The LP license fee structure was revamped, resulting in a small increases in total revenue. Impact: Indeterminate
Court Fees - Filing fees and service charges were created for filing for an injunction for protection against exploitation of a vulnerable adult. Courts were also permitted to collect a fee from unencumbered assets during a temporary injunction. Impact: Indeterminate
Pharmacy Benefit Managers – PBMS were required to register with the Office of Insurance Regulation and pay registration and renewal fees, not to exceed $500. Impact: Insignificant
Foreclosure Fees - Fees ($15) relating to foreclosure sales that result in a surplus and the appointment of surplus trustees were eliminated. Impact: Insignificant