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

House Bill 0165

Florida House of Representatives - 1997 HB 165 By Representative Albright 1 A bill to be entitled 2 An act relating to the lead-acid battery fee; 3 amending ss. 403.717 and 403.7185, F.S.; 4 specifying that the fee applies to new 5 lead-acid batteries sold at retail; providing 6 an effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Paragraph (h) of subsection (1) of section 11 403.717, Florida Statutes, is amended to read: 12 403.717 Waste tire and lead-acid battery 13 requirements.-- 14 (1) For purposes of this section and ss. 403.718, 15 403.7185, and 403.719: 16 (h) "Lead-acid battery" means those lead-acid 17 batteries designed for use in motor vehicles, vessels, and 18 aircraft, and includes such batteries when sold new as a 19 component part of a motor vehicle, vessel, or aircraft, but 20 not when sold to recycle components. 21 Section 2. Subsection (1) of section 403.7185, Florida 22 Statutes, is amended to read: 23 403.7185 Lead-acid battery fees.-- 24 (1) For the privilege of engaging in business, a fee 25 for each new lead-acid battery sold at retail is imposed on 26 any person engaging in the business of making retail sales of 27 lead-acid batteries within this state. Beginning October 1, 28 1989, and thereafter, Such fee shall be imposed at the rate of 29 $1.50 for each new lead-acid battery sold. However, the fee 30 shall not be imposed on any battery which has previously been 31 taxed pursuant to s. 206.9935(2), provided the person claiming 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 165 66-171A-97 1 exemption from the tax can document payment of such tax. The 2 fee imposed shall be paid to the Department of Revenue on or 3 before the 20th day of the month following the calendar month 4 in which the sale occurs. The department may authorize a 5 quarterly return under the conditions described in s. 6 212.11(1)(c). A dealer selling motor vehicles, vessels, or 7 aircraft at retail can purchase lead-acid batteries exempt as 8 a sale for resale by presenting a sales tax resale 9 certificate. However, if a dealer thereafter withdraws any 10 such battery from inventory to put into a new or used motor 11 vehicle, vessel, or aircraft for sale, to use on his own motor 12 vehicle, vessel, or aircraft, to give away, or any purpose 13 other than for resale, the dealer will owe the fee at the time 14 the battery is withdrawn from inventory. If the dealer sells 15 the battery at retail, that sale will be subject to the fee. 16 If the dealer sells it to a purchaser who presents him a sales 17 tax resale certificate, the dealer will owe no fee. The terms 18 "sold at retail" and "retail sales" do not include the sale of 19 lead-acid batteries to a person solely for the purpose of 20 resale; however, a subsequent retail sale of a new battery in 21 this state is subject to the fee one time. Such fee shall be 22 subject to all applicable taxes imposed in part I of chapter 23 212. The provisions of s. 212.07(4) shall not apply to the 24 provisions of this section. When a sale of a lead-acid 25 battery, upon which the fee has been paid, is canceled or the 26 battery is returned to the seller, and the sale price, taxes, 27 and fees are refunded in full to the purchaser, the seller may 28 take credit for the fee previously paid. If, instead of 29 refunding the purchase price of the battery, the customer is 30 given a new battery in exchange for the returned battery, the 31 dealer cannot take credit for the fee on the returned battery, 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 165 66-171A-97 1 but no fee is due on the new battery that is given in 2 exchange. However, no credit shall be taken by the dealer for 3 returns resulting in partial refunds or partial credits on 4 purchase of replacement batteries. 5 Section 3. This act shall take effect October 1, 1997. 6 7 ***************************************** 8 HOUSE SUMMARY 9 Specifies that the fee imposed on lead-acid batteries 10 sold at retail applies to new batteries. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3