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A bill to be entitled |
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An act relating to the tax on gross receipts for utility |
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and communications services; amending s. 203.01, F.S.; |
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excluding gross receipts from sales of manufactured gas to |
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certain utilities from the term “gross receipts” for |
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certain purposes; 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 (a) of subsection (3) of section |
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203.01, Florida Statutes, is amended to read: |
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203.01 Tax on gross receipts for utility and |
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communications services.-- |
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(3) The term "gross receipts" as used herein does not |
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include gross receipts of any person derived from: |
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(a) The sale of natural gasor manufactured gasto a |
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public or private utility, including a municipal corporation or |
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rural electric cooperative association, either for resale or for |
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use as fuel in the generation of electricity; or |
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provided the person deriving gross receipts from such sale |
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demonstrates that a resale in fact occurred and complies with |
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the following requirements: A resale in this state must be in |
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strict compliance with the rules and regulations of the |
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Department of Revenue; and any person making a sale for resale |
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in this state which is not in strict compliance with the rules |
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and regulations of the Department of Revenue shall be liable for |
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and pay the tax. Any person making a sale for resale in this |
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state may, through an informal protest provided for in s. 213.21 |
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and the rules of the Department of Revenue, provide the |
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department with evidence of the exempt status of a sale. The |
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department shall adopt rules which provide that valid proof and |
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documentation of the resale in this state by a person making the |
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sale for resale in this state will be accepted by the department |
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when submitted during the protest period but will not be |
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accepted when submitted in any proceeding under chapter 120 or |
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any circuit court action instituted under chapter 72. |
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Section 2. This act shall take effect upon becoming a law. |
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