Senate Bill 1040

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    Florida Senate - 1998                                  SB 1040

    By Senator Hargrett





    21-939-98

  1                      A bill to be entitled

  2         An act relating to the tax on sale, use, and

  3         other transactions; amending s. 212.07, F.S.;

  4         defining the terms "agricultural commodity,"

  5         "farmer," and "livestock" for purposes of

  6         determining applicability of the taxes imposed

  7         under ch. 212, F.S.; providing an effective

  8         date.

  9

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

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12         Section 1.  Section 212.07, Florida Statutes, is

13  amended to read:

14         212.07  Sales, storage, use tax; tax added to purchase

15  price; dealer not to absorb; liability of purchasers who

16  cannot prove payment of the tax; penalties; general

17  exemptions.--

18         (1)(a)  The privilege tax herein levied measured by

19  retail sales shall be collected by the dealers from the

20  purchaser or consumer.

21         (b)  A resale must be in strict compliance with the

22  rules and regulations, and any dealer who makes a sale for

23  resale which is not in strict compliance with the rules and

24  regulations shall himself or herself be liable for and pay the

25  tax.  A dealer may, through the informal protest provided for

26  in s. 213.21 and the rules of the Department of Revenue,

27  provide the department with evidence of the exempt status of a

28  sale.  The Department of Revenue shall adopt rules which

29  provide that valid resale certificates and consumer

30  certificates of exemption executed by those dealers or exempt

31  entities which were registered with the department at the time

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    Florida Senate - 1998                                  SB 1040
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  1  of sale shall be accepted by the department when submitted

  2  during the protest period but may not be accepted in any

  3  proceeding under chapter 120 or any circuit court action

  4  instituted under chapter 72.

  5         (2)  A dealer shall, as far as practicable, add the

  6  amount of the tax imposed under this chapter to the sale

  7  price, and the amount of the tax shall be separately stated as

  8  Florida tax on any charge ticket, sales slip, invoice, or

  9  other tangible evidence of sale.  Such tax shall constitute a

10  part of such price, charge, or proof of sale which shall be a

11  debt from the purchaser or consumer to the dealer, until paid,

12  and shall be recoverable at law in the same manner as other

13  debts.  Where it is impracticable, due to the nature of the

14  business practices within an industry, to separately state

15  Florida tax on any charge ticket, sales slip, invoice, or

16  other tangible evidence of sale, the department may establish

17  an effective tax rate for such industry.  The department may

18  also amend this effective tax rate as the industry's pricing

19  or practices change. Except as otherwise specifically

20  provided, any dealer who neglects, fails, or refuses to

21  collect the tax herein provided upon any, every, and all

22  retail sales made by the dealer or the dealer's agents or

23  employees of tangible personal property or services which are

24  subject to the tax imposed by this chapter shall be liable for

25  and pay the tax himself or herself.

26         (3)  Any dealer who fails, neglects, or refuses to

27  collect the tax herein provided, either by himself or herself

28  or through the dealer's agents or employees, is, in addition

29  to the penalty of being liable for and paying the tax himself

30  or herself, guilty of a misdemeanor of the first degree,

31  punishable as provided in s. 775.082 or s. 775.083.

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    Florida Senate - 1998                                  SB 1040
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  1         (4)  A dealer engaged in any business taxable under

  2  this chapter may not advertise or hold out to the public, in

  3  any manner, directly or indirectly, that he or she will absorb

  4  all or any part of the tax, or that he or she will relieve the

  5  purchaser of the payment of all or any part of the tax, or

  6  that the tax will not be added to the selling price of the

  7  property or services sold or released or, when added, that it

  8  or any part thereof will be refunded either directly or

  9  indirectly by any method whatsoever.  A person who violates

10  this provision with respect to advertising or refund is guilty

11  of a misdemeanor of the second degree, punishable as provided

12  in s. 775.082 or s. 775.083. A second or subsequent offense

13  constitutes a misdemeanor of the first degree, punishable as

14  provided in s. 775.082 or s. 775.083.

15         (5)  The gross proceeds derived from the sale in this

16  state of livestock, poultry, and other farm products direct

17  from the farm are exempted from the tax levied by this chapter

18  provided such sales are made directly by the producers.  The

19  producers shall be entitled to such exemptions although the

20  livestock so sold in this state may have been registered with

21  a breeders' or registry association prior to the sale and

22  although the sale takes place at a livestock show or race

23  meeting, so long as the sale is made by the original producer

24  and within this state.  When sales of livestock, poultry, or

25  other farm products are made to consumers by any person, as

26  defined herein, other than a producer, they are not exempt

27  from the tax imposed by this chapter. The foregoing exemption

28  does not apply to ornamental nursery stock offered for retail

29  sale by the producer.

30         (6)  It is specifically provided that the use tax as

31  defined herein does not apply to livestock and livestock

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    Florida Senate - 1998                                  SB 1040
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  1  products, to poultry and poultry products, or to farm and

  2  agricultural products, when produced by the farmer and used by

  3  him or her and members of the farmer's family and his or her

  4  employees on the farm.

  5         (7)  Provided, however, that each and every

  6  agricultural commodity sold by any person, other than a

  7  producer, to any other person who purchases not for direct

  8  consumption but for the purpose of acquiring raw products for

  9  use or for sale in the process of preparing, finishing, or

10  manufacturing such agricultural commodity for the ultimate

11  retail consumer trade shall be and is exempted from any and

12  all provisions of this chapter, including payment of the tax

13  applicable to the sale, storage, use, or transfer, or any

14  other utilization or handling thereof, except when such

15  agricultural commodity is actually sold as a marketable or

16  finished product to the ultimate consumer; in no case shall

17  more than one tax be exacted.

18         (8)  As used in this section, the term:

19         (a)  "Agricultural commodity," for the purposes hereof,

20  means horticultural, aquacultural, poultry and farm products,

21  and livestock and livestock products.

22         (b)  "Farmer" means a person who is directly engaged in

23  the business of producing crops, livestock, or other

24  agricultural commodities.

25         (c)  "Livestock" means any animals raised for

26  commercial purposes other than for use as a display in a zoo,

27  carnival, circus, or other similar facility.

28         (9)  Any person who has purchased at retail, used,

29  consumed, distributed, or stored for use or consumption in

30  this state tangible personal property, admissions,

31  communication or other services taxable under this chapter, or

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    Florida Senate - 1998                                  SB 1040
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  1  leased tangible personal property, or who has leased,

  2  occupied, or used or was entitled to use any real property,

  3  space or spaces in parking lots or garages for motor vehicles,

  4  docking or storage space or spaces for boats in boat docks or

  5  marinas, and cannot prove that the tax levied by this chapter

  6  has been paid to his or her vendor, lessor, or other person is

  7  directly liable to the state for any tax, interest, or penalty

  8  due on any such taxable transactions.

  9         Section 2.  This act shall take effect July 1, 1998.

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12                          SENATE SUMMARY

13    Defines the terms "agricultural commodity," "farmer," and
      "livestock" for purposes of determining the applicability
14    of the taxes imposed under ch. 212, F.S.

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