Senate Bill sb0786

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                   SB 786

    By Senator Clary





    4-777-05                                            See HB 109

  1                      A bill to be entitled

  2         An act relating to fees imposed on tire and

  3         battery sales; amending s. 403.718, F.S.;

  4         exempting new motor vehicle tires sold to

  5         governmental entities from a fee imposed on new

  6         motor vehicle tires; amending s. 403.7185,

  7         F.S.; exempting new or remanufactured lead-acid

  8         batteries sold to governmental entities from a

  9         fee imposed on sales of such batteries;

10         providing an effective date.

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

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14         Section 1.  Subsection (1) of section 403.718, Florida

15  Statutes, is amended to read:

16         403.718  Waste tire fees.--

17         (1)  For the privilege of engaging in business, a fee

18  for each new motor vehicle tire sold at retail, except those

19  sold to any governmental entity, is imposed on any person

20  engaging in the business of making retail sales of new motor

21  vehicle tires within this state. The fee imposed by this

22  section does not apply to and shall not be collected on any

23  new motor vehicle tire sold to any governmental entity. The

24  fee imposed under this section shall be stated separately on

25  the invoice to the purchaser. Such fee shall be imposed at the

26  rate of $1 for each new tire sold. The fee imposed shall be

27  paid to the Department of Revenue on or before the 20th day of

28  the month following the month in which the sale occurs. For

29  purposes of this section, a motor vehicle tire sold at retail

30  includes such tires when sold as a component part of a motor

31  vehicle. The terms "sold at retail" and "retail sales" do not

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






    Florida Senate - 2005                                   SB 786
    4-777-05                                            See HB 109




 1  include the sale of new motor vehicle tires to a person solely

 2  for the purpose of resale provided the subsequent retail sale

 3  in this state is subject to the fee. This fee does not apply

 4  to recapped tires. Such fee shall be subject to all applicable

 5  taxes imposed in chapter 212.

 6         Section 2.  Subsection (1) of section 403.7185, Florida

 7  Statutes, is amended to read:

 8         403.7185  Lead-acid battery fees.--

 9         (1)  For the privilege of engaging in business, a fee

10  for each new or remanufactured lead-acid battery sold at

11  retail, except those sold to any governmental entity, is

12  imposed on any person engaging in the business of making

13  retail sales of lead-acid batteries within this state. The fee

14  imposed by this section does not apply to and shall not be

15  collected on any new or remanufactured lead-acid battery sold

16  to any governmental entity. Such fee shall be imposed at the

17  rate of $1.50 for each new or remanufactured lead-acid battery

18  sold. However, the fee shall not be imposed on any battery

19  which has previously been taxed pursuant to s. 206.9935(2),

20  provided the person claiming exemption from the tax can

21  document payment of such tax. The fee imposed shall be paid to

22  the Department of Revenue on or before the 20th day of the

23  month following the calendar month in which the sale occurs.

24  The department may authorize a quarterly return under the

25  conditions described in s. 212.11(1)(c). A dealer selling

26  motor vehicles, vessels, or aircraft at retail can purchase

27  lead-acid batteries exempt as a sale for resale by presenting

28  a sales tax resale certificate. However, if a dealer

29  thereafter withdraws any such battery from inventory to put

30  into a new or used motor vehicle, vessel, or aircraft for

31  sale, to use on her or his own motor vehicle, vessel, or

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






    Florida Senate - 2005                                   SB 786
    4-777-05                                            See HB 109




 1  aircraft, to give away, or any purpose other than for resale,

 2  the dealer will owe the fee at the time the battery is

 3  withdrawn from inventory. If the dealer sells the battery at

 4  retail, that sale will be subject to the fee. If the dealer

 5  sells it to a purchaser who presents her or him a sales tax

 6  resale certificate, the dealer will owe no fee. The terms

 7  "sold at retail" and "retail sales" do not include the sale of

 8  lead-acid batteries to a person solely for the purpose of

 9  resale; however, a subsequent retail sale of a new or

10  remanufactured battery in this state is subject to the fee one

11  time. Such fee shall be subject to all applicable taxes

12  imposed in chapter 212. The provisions of s. 212.07(4) shall

13  not apply to the provisions of this section. When a sale of a

14  lead-acid battery, upon which the fee has been paid, is

15  canceled or the battery is returned to the seller, and the

16  sale price, taxes, and fees are refunded in full to the

17  purchaser, the seller may take credit for the fee previously

18  paid. If, instead of refunding the purchase price of the

19  battery, the customer is given a new or remanufactured battery

20  in exchange for the returned battery, the dealer cannot take

21  credit for the fee on the returned battery, but no fee is due

22  on the new or remanufactured battery that is given in

23  exchange. However, no credit shall be taken by the dealer for

24  returns resulting in partial refunds or partial credits on

25  purchase of replacement batteries.

26         Section 3.  This act shall take effect July 1, 2005.

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