Senate Bill sb1828

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 1828

    By Senators Pruitt, Bronson, Laurent, Mitchell, Peaden and
    Webster




    27-1112-01                                              See HB

  1                      A bill to be entitled

  2         An act relating to tax on sales, use, and other

  3         transactions; amending s. 212.08, F.S.;

  4         providing a full exemption for self-propelled,

  5         power-drawn, or power-driven farm equipment

  6         used exclusively on a farm or in a forest in

  7         specified activities; revising application of

  8         the exemption for items in agricultural use

  9         with respect to certain protective materials

10         and certain baling materials; amending s.

11         212.12, F.S., relating to promulgation of tax

12         brackets by the Department of Revenue, to

13         conform; providing an effective date.

14

15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Subsection (3) and paragraph (a) of

18  subsection (5) of section 212.08, Florida Statutes, are

19  amended to read:

20         212.08  Sales, rental, use, consumption, distribution,

21  and storage tax; specified exemptions.--The sale at retail,

22  the rental, the use, the consumption, the distribution, and

23  the storage to be used or consumed in this state of the

24  following are hereby specifically exempt from the tax imposed

25  by this chapter.

26         (3)  EXEMPTIONS, PARTIAL; CERTAIN FARM

27  EQUIPMENT.--There shall be taxable at the rate of 2.5 percent

28  The sale, rental, lease, use, consumption, or storage for use

29  in this state of self-propelled, power-drawn, or power-driven

30  farm equipment used exclusively on a farm or in a forest in

31  the agricultural production of crops or products as produced

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 1828
    27-1112-01                                              See HB




  1  by those agricultural industries included in s. 570.02(1), or

  2  for fire prevention and suppression work with respect to such

  3  crops or products, is exempt from the tax imposed by this

  4  chapter. Harvesting may not be construed to include processing

  5  activities. This exemption is not forfeited by moving farm

  6  equipment between farms or forests. However, this exemption

  7  shall not be allowed unless the purchaser, renter, or lessee

  8  signs a certificate stating that the farm equipment is to be

  9  used exclusively on a farm or in a forest for agricultural

10  production or for fire prevention and suppression, as required

11  by this subsection. Possession by a seller, lessor, or other

12  dealer of a written certification by the purchaser, renter, or

13  lessee certifying the purchaser's, renter's, or lessee's

14  entitlement to an exemption permitted by this subsection

15  relieves the seller from the responsibility of collecting the

16  tax on the nontaxable amounts, and the department shall look

17  solely to the purchaser for recovery of such tax if it

18  determines that the purchaser was not entitled to the

19  exemption.

20         (5)  EXEMPTIONS; ACCOUNT OF USE.--

21         (a)  Items in agricultural use and certain nets.--There

22  are exempt from the tax imposed by this chapter nets designed

23  and used exclusively by commercial fisheries; disinfectants,

24  fertilizers, insecticides, pesticides, herbicides, fungicides,

25  and weed killers used for application on crops or groves,

26  including commercial nurseries and home vegetable gardens,

27  used in dairy barns or on poultry farms for the purpose of

28  protecting poultry or livestock, or used directly on poultry

29  or livestock; portable containers or movable receptacles in

30  which portable containers are placed, used for processing farm

31  products; field and garden seeds, including flower seeds;

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 1828
    27-1112-01                                              See HB




  1  nursery stock, seedlings, cuttings, or other propagative

  2  material purchased for growing stock; seeds, seedlings,

  3  cuttings, and plants used to produce food for human

  4  consumption; cloth, plastic, and other similar materials used

  5  for shade, mulch, or protection from weather frost or pests

  6  insects on a farm; generators used on poultry farms; and

  7  liquefied petroleum gas or other fuel used to heat a structure

  8  in which started pullets or broilers are raised; however, such

  9  exemption shall not be allowed unless the purchaser or lessee

10  signs a certificate stating that the item to be exempted is

11  for the exclusive use designated herein. Also exempt are

12  cellophane wrappers, glue for tin and glass (apiarists),

13  mailing cases for honey, shipping cases, window cartons, and

14  baling wire, wraps, bags, and twine used for baling forage

15  hay, when used by a farmer to contain, produce, or process an

16  agricultural commodity.

17         Section 2.  Subsection (11) of section 212.12, Florida

18  Statutes, is amended to read:

19         212.12  Dealer's credit for collecting tax; penalties

20  for noncompliance; powers of Department of Revenue in dealing

21  with delinquents; brackets applicable to taxable transactions;

22  records required.--

23         (11)  The department is authorized to provide by rule

24  the tax amounts and brackets applicable to all taxable

25  transactions that occur in counties that have a surtax at a

26  rate other than 1 percent which transactions would otherwise

27  have been transactions taxable at the rate of 6 percent.

28  Likewise, the department is authorized to promulgate by rule

29  the tax amounts and brackets applicable to transactions

30  taxable at 2.5 or 3 percent pursuant to s. 212.08(3),

31  transactions taxable at 7 percent pursuant to s. 212.05(1)(e),

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 1828
    27-1112-01                                              See HB




  1  and on transactions which would otherwise have been so taxable

  2  in counties which have adopted a discretionary sales surtax.

  3         Section 3.  This act shall take effect January 1, 2002.

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  6                          HOUSE SUMMARY

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      Provides a full, rather than partial, sales tax exemption
  8    for self-propelled, power-drawn, or power-driven farm
      equipment used exclusively on a farm or in a forest in
  9    specified activities. Revises application of the sales
      tax exemption for items in agricultural use with respect
10    to certain protective materials and certain baling
      materials.
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CODING: Words stricken are deletions; words underlined are additions.