HB 1561

1
A bill to be entitled
2An act relating to exemptions from tax on sales, use, and
3other transactions; amending s. 212.08, F.S.; exempting
4purchases of certain building materials used in
5constructing certain farm structures; providing
6requirements; providing for credit of taxes paid by
7agricultural producers; providing procedures and
8requirements; providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Paragraph (q) is added to subsection (5) of
13section 212.08, Florida Statutes, to read:
14     212.08  Sales, rental, use, consumption, distribution, and
15storage tax; specified exemptions.--The sale at retail, the
16rental, the use, the consumption, the distribution, and the
17storage to be used or consumed in this state of the following
18are hereby specifically exempt from the tax imposed by this
19chapter.
20     (5)  EXEMPTIONS; ACCOUNT OF USE.--
21     (q)  Building materials for construction of farm
22structures.--
23     1.  There shall be no tax on purchases of building
24materials, including, but not limited to, wood, metal, aluminum,
25tin, plastics, glass, polyethylene, shade cloth, woven ground
26cloth, nails, nuts, bolts, fasteners, cable, wires, and other
27similar appurtenances used for the construction of new farm
28structures or the replacement, repair, or rebuilding of existing
29structures located on a farm that is not a residential dwelling
30and is located on land that is an integral part of a farm
31operation or is classified as agricultural land pursuant to s.
32193.461. Such structures include, but are not limited to,
33greenhouses, shade houses, poly-houses, facilities required to
34meet state or federal eradication or other successor programs,
35pole barns, fences, irrigation pump houses, and storage
36facilities. Such exemption shall not be allowed unless the
37purchaser or lessee signs a certificate stating that the item to
38be exempted is for the use designated in this paragraph. The
39term "farm" is defined as provided in s. 823.14.
40     2.  Agricultural producers may apply for a tax credit equal
41to the documented amount of sales tax paid for the purchase of
42material included in this paragraph if the material was
43purchased within 12 months prior to the effective date of this
44paragraph or provides the department appropriate receipts which
45demonstrate the material was purchased for the direct purpose of
46rebuilding, replacing, or repairing structures damaged from any
47named storm which impacted this state during the 2004 or 2005
48calendar years.
49     Section 2.  This act shall take effect July 1, 2007.


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