HB 0643

1
A bill to be entitled
2An act relating to an exemption from the tax on sales,
3use, and other transactions for farm equipment; amending
4s. 212.02, F.S.; revising definitions; amending s. 212.08,
5F.S.; making total a partial exemption for certain farm
6equipment; amending s. 212.12, F.S.; correcting a cross
7reference to conform; providing an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Subsections (30) through (34) of section
12212.02, Florida Statutes, are amended to read:
13     212.02  Definitions.--The following terms and phrases when
14used in this chapter have the meanings ascribed to them in this
15section, except where the context clearly indicates a different
16meaning:
17     (30)  "Power Self-propelled farm equipment" means moving or
18stationary equipment that contains within itself the means for
19its own propulsion or power and, including, but not limited to,
20tractors.
21     (31)  "Power-drawn farm equipment" means equipment that is
22pulled, dragged, or otherwise attached to self-propelled
23equipment, including, but not limited to, disks, harrows, hay
24balers, and mowers.
25     (32)  "Power-driven farm equipment" means moving or
26stationary equipment that is dependent upon an external power
27source to perform its functions function, including, but not
28limited to, conveyors, augers, feeding systems, and pumps.
29     (31)(33)  "Forest" means the land stocked by trees of any
30size used in the production of forest products, or formerly
31having such tree cover, and not currently developed for
32nonforest use.
33     (32)(34)  "Agricultural production" means the production of
34plants and animals useful to humans, including the preparation,
35planting, cultivating, or harvesting of these products or any
36other practices necessary to accomplish production through the
37harvest phase, and includes aquaculture, horticulture,
38floriculture, viticulture, forestry, dairy, livestock, poultry,
39bees, and any and all forms of farm products and farm
40production.
41     Section 2.  Subsection (3) of section 212.08, Florida
42Statutes, is amended to read:
43     212.08  Sales, rental, use, consumption, distribution, and
44storage tax; specified exemptions.--The sale at retail, the
45rental, the use, the consumption, the distribution, and the
46storage to be used or consumed in this state of the following
47are hereby specifically exempt from the tax imposed by this
48chapter.
49     (3)  EXEMPTIONS, PARTIAL; CERTAIN FARM EQUIPMENT.--There
50shall be no tax on taxable at the rate of 2.5 percent the sale,
51rental, lease, use, consumption, or storage for use in this
52state of power self-propelled, power-drawn, or power-driven farm
53equipment used exclusively on a farm or in a forest in the
54agricultural production of crops or products as produced by
55those agricultural industries included in s. 570.02(1), or for
56fire prevention and suppression work with respect to such crops
57or products. Harvesting may not be construed to include
58processing activities. This exemption is not forfeited by moving
59farm equipment between farms or forests. However, this exemption
60shall not be allowed unless the purchaser, renter, or lessee
61signs a certificate stating that the farm equipment is to be
62used exclusively on a farm or in a forest for agricultural
63production or for fire prevention and suppression, as required
64by this subsection. Possession by a seller, lessor, or other
65dealer of a written certification by the purchaser, renter, or
66lessee certifying the purchaser's, renter's, or lessee's
67entitlement to an exemption permitted by this subsection
68relieves the seller from the responsibility of collecting the
69tax on the nontaxable amounts, and the department shall look
70solely to the purchaser for recovery of such tax if it
71determines that the purchaser was not entitled to the exemption.
72     Section 3.  Subsection (11) of section 212.12, Florida
73Statutes, is amended to read:
74     212.12  Dealer's credit for collecting tax; penalties for
75noncompliance; powers of Department of Revenue in dealing with
76delinquents; brackets applicable to taxable transactions;
77records required.--
78     (11)  The department shall make available in an electronic
79format or otherwise the tax amounts and brackets applicable to
80all taxable transactions that occur in counties that have a
81surtax at a rate other than 1 percent which transactions would
82otherwise have been transactions taxable at the rate of 6
83percent. Likewise, the department shall make available in an
84electronic format or otherwise the tax amounts and brackets
85applicable to transactions taxable at 2.5 or 3 percent pursuant
86to s. 212.08(3), transactions taxable at 7 percent pursuant to
87s. 212.05(1)(e), and on transactions which would otherwise have
88been so taxable in counties which have adopted a discretionary
89sales surtax.
90     Section 4.  This act shall take effect July 1, 2005.


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