HB 0329 2003
   
1 A bill to be entitled
2          An act relating to the tax on gross receipts for utility
3    and communications services; amending s. 203.01, F.S.;
4    excluding gross receipts from sales of manufactured gas to
5    certain utilities from the term “gross receipts” for
6    certain purposes; providing an effective date.
7         
8          Be It Enacted by the Legislature of the State of Florida:
9         
10          Section 1. Paragraph (a) of subsection (3) of section
11    203.01, Florida Statutes, is amended to read:
12          203.01 Tax on gross receipts for utility and
13    communications services.--
14          (3) The term "gross receipts" as used herein does not
15    include gross receipts of any person derived from:
16          (a) The sale of natural gasor manufactured gasto a
17    public or private utility, including a municipal corporation or
18    rural electric cooperative association, either for resale or for
19    use as fuel in the generation of electricity; or
20         
21          provided the person deriving gross receipts from such sale
22    demonstrates that a resale in fact occurred and complies with
23    the following requirements: A resale in this state must be in
24    strict compliance with the rules and regulations of the
25    Department of Revenue; and any person making a sale for resale
26    in this state which is not in strict compliance with the rules
27    and regulations of the Department of Revenue shall be liable for
28    and pay the tax. Any person making a sale for resale in this
29    state may, through an informal protest provided for in s. 213.21
30    and the rules of the Department of Revenue, provide the
31    department with evidence of the exempt status of a sale. The
32    department shall adopt rules which provide that valid proof and
33    documentation of the resale in this state by a person making the
34    sale for resale in this state will be accepted by the department
35    when submitted during the protest period but will not be
36    accepted when submitted in any proceeding under chapter 120 or
37    any circuit court action instituted under chapter 72.
38          Section 2. This act shall take effect upon becoming a law.
39