Bill Amendment: FL S1262 | 2016 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: Emergency Management

Status: 2016-03-04 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 1133 (Ch. 2016-99) [S1262 Detail]

Download: Florida-2016-S1262-Senate_Committee_Amendment_747564.html

---

       Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1262
       
       
       
       
       
       
                                Ì747564CÎ747564                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Appropriations (Galvano) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 66 - 157
    4  and insert:
    5         3. “Infrastructure” means public roads; public bridges;
    6  property, equipment, and related support facilities owned or
    7  used by communication networks, electric generating systems,
    8  electric transmission and distribution systems, gas transmission
    9  and distribution systems, or water pipelines.
   10         4. “Mutual aid agreement” means an agreement to which two
   11  or more business entities are parties and under which a public
   12  utility, a municipally owned utility, an electric cooperative, a
   13  natural gas special district, a natural gas transmission
   14  pipeline, or a joint agency owning, operating, or owning and
   15  operating infrastructure used for electric generation, electric
   16  or gas transmission, or electric or gas distribution in this
   17  state may request that an out-of-state business perform work in
   18  this state in anticipation of a disaster or an emergency.
   19         5. “Out-of-state business” means a business entity that:
   20         a. Does not have a presence in this state, except with
   21  respect to the performance of emergency-related work, and
   22  conducts no business in this state, and whose services are
   23  requested by a registered business or by a unit of state or
   24  local government for purposes of performing emergency-related
   25  work in this state; and
   26         b. Is not registered and does not have tax filings or
   27  presence sufficient to require the collection or payment of a
   28  tax in this state during the tax year immediately before the
   29  disaster-response period. The term also includes a business
   30  entity that is affiliated with a registered business solely
   31  through common ownership.
   32         6. “Out-of-state employee” means an employee who does not
   33  work in this state, except for emergency-related work on
   34  infrastructure during a disaster-response period.
   35         7. “Registered business” means a business entity that is
   36  registered to do business in this state before the disaster
   37  response period begins.
   38         (b)1. Notwithstanding any other law, an out-of-state
   39  business that is conducting operations within this state during
   40  a disaster-response period solely for purposes of performing
   41  emergency-related work or pursuant to a mutual aid agreement is
   42  not considered to have established a level of presence that
   43  would require that business to register, file, and remit state
   44  or local taxes or fees or require that business to be subject to
   45  any registration, licensing, or filing requirements in this
   46  state. For purposes of any state or local tax on or measured, in
   47  whole or in part, by net or gross income or receipts, the
   48  activity of the out-of-state business conducted in this state
   49  during the disaster-response period must be disregarded with
   50  respect to any filing requirements for such tax, including the
   51  filing required for a consolidated group of which the out-of-
   52  state business may be a part. This includes the following:
   53         a. Reemployment assistance taxes.
   54         b. State or local professional or occupational licensing
   55  requirements or related fees.
   56         c. Local business taxes.
   57         d. Taxes on the operation of commercial motor vehicles.
   58         e. Corporate income tax.
   59         f. Tangible personal property tax and use tax on equipment
   60  that is brought into the state by the out-of-state business,
   61  used by the out-of-state business only to perform emergency
   62  related work during the disaster-response period, and removed
   63  from the state by the out-of-state business following the
   64  disaster-response period.
   65         2. Notwithstanding any other law, an out-of-state employee
   66  whose only employment in this state is for the performance of
   67  emergency-related work or pursuant to a mutual aid agreement
   68  during a disaster-response period is not required to comply with
   69  state or local occupational licensing requirements or related
   70  fees.
   71         (c) An out-of-state business or out-of-state employee who
   72  remains in this state after the disaster-response period is not
   73  entitled to the privileges provided in this subsection for
   74  activities performed after the disaster-response period ends and
   75  is subject to the state’s normal standards for establishing
   76  presence or residency or for doing business in the state.
   77  
   78  ================= T I T L E  A M E N D M E N T ================
   79  And the title is amended as follows:
   80         Delete lines 9 - 14
   81  and insert:
   82         period; providing an effective date.