Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. HB 7075, 2nd Eng.
                        Barcode 450430
                            CHAMBER ACTION
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 3         Floor: 1c/RE/2R         .                    
       05/04/2006 01:10 PM         .                    
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11  Senators Atwater, Smith, and Argenziano moved the following
12  amendment to amendment (065004):
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14         Senate Amendment (with title amendment) 
15         On page 16, between lines 4 and 5,
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17  insert:  
18         Section 17.  Subsection (3) of section 212.0501,
19  Florida Statutes, is amended to read:
20         212.0501  Tax on diesel fuel for business purposes;
21  purchase, storage, and use.--
22         (3)  For purposes of this section, "consumption, use,
23  or storage by a trade or business" does not include those uses
24  of diesel fuel specifically exempt on account of residential
25  purposes, or in any tractor, vehicle, or other equipment used
26  exclusively on a farm or for processing farm products on the
27  farm, no part of which diesel fuel is used in any licensed
28  motor vehicle on the public highways of this state on account
29  of agricultural purposes as defined in s. 212.08(5), or the
30  purchase or storage of diesel fuel held for resale.
31         Section 18.  Paragraph (e) of subsection (5) of section
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    5:35 PM   05/03/06                           h707504e2c-25-j02

Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7075, 2nd Eng. Barcode 450430 1 212.08, Florida Statutes, is amended to read: 2 212.08 Sales, rental, use, consumption, distribution, 3 and storage tax; specified exemptions.--The sale at retail, 4 the rental, the use, the consumption, the distribution, and 5 the storage to be used or consumed in this state of the 6 following are hereby specifically exempt from the tax imposed 7 by this chapter. 8 (5) EXEMPTIONS; ACCOUNT OF USE.-- 9 (e)1. Gas used for certain agricultural 10 purposes.--Butane gas, propane gas, natural gas, and all other 11 forms of liquefied petroleum gases are exempt from the tax 12 imposed by this chapter if used in any tractor, vehicle, or 13 other farm equipment which is used exclusively on a farm or 14 for processing farm products on the farm and no part of which 15 gas is used in any vehicle or equipment driven or operated on 16 the public highways of this state. This restriction does not 17 apply to the movement of farm vehicles or farm equipment 18 between farms. The transporting of bees by water and the 19 operating of equipment used in the apiary of a beekeeper is 20 also deemed an exempt use. 21 2. Electricity used for certain agricultural 22 purposes.--Electricity used directly and exclusively for 23 production or processing of agricultural products on the farm 24 is exempt from the tax imposed by this chapter. This exemption 25 applies only if the electricity used for the exempt purposes 26 is separately metered. If the electricity is not separately 27 metered, it is conclusively presumed that some portion of the 28 electricity is used for a nonexempt purpose, and all of the 29 electricity used for such purposes is taxable. 30 31 (Redesignate subsequent sections.) 2 5:35 PM 05/03/06 h707504e2c-25-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7075, 2nd Eng. Barcode 450430 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 18, line 12, after the semicolon, 4 5 insert: 6 amending s. 212.0501, F.S.; excluding from 7 application of the sales and use tax diesel 8 fuel used in certain farming vehicles or for 9 certain farming purposes; amending s. 212.08, 10 F.S.; exempting from the sales and use tax 11 electricity used for specified agricultural 12 purposes; providing application; providing a 13 conclusive presumption of taxable use under 14 certain circumstances; 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 5:35 PM 05/03/06 h707504e2c-25-j02