Florida Senate - 2008 SB 2160

By Senator Deutch

30-00259A-08 20082160__

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A bill to be entitled

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An act relating to sales tax exemptions; amending s.

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212.08, F.S.; exempting the sale or lease of gasoline-

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electric hybrid vehicles and vehicles powered by certain

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other alternative fuels from the tax on sales, rental,

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use, consumption, storage, or distribution imposed by

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state law; providing certain mileage requirements for the

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vehicle; limiting the amount of the tax exemption;

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providing for future expiration of the exemption;

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providing an effective date.

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

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     Section 1.  Paragraph (ggg) is added to subsection (7) of

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section 212.08, Florida Statutes, to read:

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     212.08  Sales, rental, use, consumption, distribution, and

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

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

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storage to be used or consumed in this state of the following are

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hereby specifically exempt from the tax imposed by this chapter.

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     (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any

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entity by this chapter do not inure to any transaction that is

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otherwise taxable under this chapter when payment is made by a

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representative or employee of the entity by any means, including,

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but not limited to, cash, check, or credit card, even when that

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representative or employee is subsequently reimbursed by the

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entity. In addition, exemptions provided to any entity by this

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subsection do not inure to any transaction that is otherwise

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taxable under this chapter unless the entity has obtained a sales

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tax exemption certificate from the department or the entity

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obtains or provides other documentation as required by the

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department. Eligible purchases or leases made with such a

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certificate must be in strict compliance with this subsection and

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departmental rules, and any person who makes an exempt purchase

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with a certificate that is not in strict compliance with this

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subsection and the rules is liable for and shall pay the tax. The

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department may adopt rules to administer this subsection.

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     (ggg) Gasoline-electric hybrid vehicles and vehicles

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powered by other alternative fuels.--Also exempt from the tax

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imposed by this chapter are sales or leases of gasoline-electric

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hybrid vehicles, or vehicles powered by other alternative fuels,

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and having at least a 25-miles-per-gallon combined city and

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highway mileage rating. The exemption shall inure at the time of

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sale or lease to any entity meeting the requirements of this

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subsection, but may not exceed $1,500. This paragraph does not

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apply to hydrogen-powered vehicles as described in subparagraph

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(ccc)2. This paragraph expires July 1, 2013.

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     Section 2.  This act shall take effect July 1, 2008.

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