Florida Senate - 2004                      COMMITTEE AMENDMENT
    Bill No. SB 16-A
                        Barcode 240604
                            CHAMBER ACTION
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11  The Committee on Agriculture (Smith) recommended the following
12  amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 3, between lines 21 and 22,
16  
17  insert:  
18         Section 5.  (1)  Notwithstanding section 212.08(3),
19  Florida Statutes, effective upon this act becoming a law,
20  there shall be no tax imposed on the sale, rental, lease, use,
21  consumption, or storage for use in this state of
22  self-propelled, power-drawn, or power-driven farm equipment
23  used exclusively on a farm or in a forest in the agricultural
24  production of crops or products as produced by those
25  agricultural industries included in section 570.02(1), Florida
26  Statutes, or used for fire prevention and suppression work
27  with respect to such crops or products. Harvesting may not be
28  construed to include processing activities. This exemption is
29  not forfeited by moving farm equipment between farms or
30  forests. However, this exemption shall not be allowed unless
31  the purchaser, renter, or lessee signs a certificate stating
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    12:14 PM   12/13/04                           s0016Ac-ag14-j01

Florida Senate - 2004 COMMITTEE AMENDMENT Bill No. SB 16-A Barcode 240604 1 that the farm equipment is to be used exclusively on a farm or 2 in a forest for agricultural production or for fire prevention 3 and suppression, as required by this subsection. 4 (2) Possession by a seller, lessor, or other dealer of 5 a written certification by the purchaser, renter, or lessee 6 certifying the purchaser's, renter's, or lessee's entitlement 7 to the exemption permitted by this section relieves the seller 8 from the responsibility of collecting the tax on the 9 nontaxable amounts, and the Department of Revenue shall look 10 solely to the purchaser for recovery of such tax if the 11 department determines that the purchaser, renter, or lessee 12 was not entitled to the exemption. 13 (3) The tax exemption provided in this section expires 14 June 30, 2006. 15 Section 6. (1) Effective upon this act becoming a 16 law, agricultural businesses, as defined in the following 17 North American Industry Classification System (NAICS) Codes, 18 2002, which carry out customary agricultural activities, are 19 exempt from the tax imposed under chapter 212, Florida 20 Statutes: 21 (a) NAICS Code 111 (crop production). 22 (b) NAICS Code 112 (animal production). 23 (c) NAICS Code 113 (forestry and logging). 24 (d) NAICS Code 115 (support activities for agriculture 25 and forestry). 26 27 This exemption shall not be allowed unless the purchaser signs 28 a certificate stating that the purchaser is entitled to the 29 exemption provided under this section. 30 (2) Possession by a seller of a written certification 31 by the purchaser certifying the purchaser's entitlement to an 2 12:14 PM 12/13/04 s0016Ac-ag14-j01
Florida Senate - 2004 COMMITTEE AMENDMENT Bill No. SB 16-A Barcode 240604 1 exemption permitted by this section relieves the seller from 2 the responsibility of collecting the tax on the nontaxable 3 amounts, and the Department of Revenue shall look solely to 4 the purchaser for recovery of such tax if the department 5 determines that the purchaser was not entitled to the 6 exemption. 7 (3) The tax exemption provided in this section expires 8 June 30, 2006. 9 10 (Redesignate subsequent sections.) 11 12 13 ================ T I T L E A M E N D M E N T =============== 14 And the title is amended as follows: 15 On page 1, line 20, after the semicolon, 16 17 insert: 18 providing an exemption from the tax on the 19 sale, rental, lease, use, consumption, or 20 storage of certain farm equipment used in 21 agricultural production of crops or products or 22 used for fire prevention and suppression with 23 respect to such crops or products; requiring 24 the purchaser, renter, or lessee to sign a 25 certificate stating entitlement to the 26 exemption; providing that such certification 27 relieves the seller from the responsibility of 28 collecting the tax; providing for future 29 expiration of the tax exemption; providing an 30 exemption from the tax imposed under ch. 212, 31 F.S., on certain specified agricultural 3 12:14 PM 12/13/04 s0016Ac-ag14-j01
Florida Senate - 2004 COMMITTEE AMENDMENT Bill No. SB 16-A Barcode 240604 1 businesses that carry out agricultural 2 activities; identifying such businesses by 3 North American Industry Classification System 4 (NAICS) Codes; requiring the purchaser to sign 5 a certificate stating entitlement to the 6 exemption; providing that such certification 7 relieves the seller from the responsibility of 8 collecting the tax; providing for future 9 expiration of the tax exemption; 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 12:14 PM 12/13/04 s0016Ac-ag14-j01