HB 819

1
A bill to be entitled
2An act relating to exemptions from the tax on sales, use,
3and other transactions; amending s. 212.08, F.S.;
4expanding the exemption for use of certain boiler fuels;
5providing for retroactive application; providing an
6effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10     Section 1.  Paragraph (b) of subsection (7) of section
11212.08, Florida Statutes, is amended to read:
12     212.08  Sales, rental, use, consumption, distribution, and
13storage tax; specified exemptions.--The sale at retail, the
14rental, the use, the consumption, the distribution, and the
15storage to be used or consumed in this state of the following
16are hereby specifically exempt from the tax imposed by this
17chapter.
18     (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
19entity by this chapter do not inure to any transaction that is
20otherwise taxable under this chapter when payment is made by a
21representative or employee of the entity by any means,
22including, but not limited to, cash, check, or credit card, even
23when that representative or employee is subsequently reimbursed
24by the entity. In addition, exemptions provided to any entity by
25this subsection do not inure to any transaction that is
26otherwise taxable under this chapter unless the entity has
27obtained a sales tax exemption certificate from the department
28or the entity obtains or provides other documentation as
29required by the department. Eligible purchases or leases made
30with such a certificate must be in strict compliance with this
31subsection and departmental rules, and any person who makes an
32exempt purchase with a certificate that is not in strict
33compliance with this subsection and the rules is liable for and
34shall pay the tax. The department may adopt rules to administer
35this subsection.
36     (b)  Boiler fuels.--When purchased for use as a combustible
37fuel, purchases of natural gas, residual oil, recycled oil,
38waste oil, solid waste material, coal, sulfur, wood, wood
39residues or wood bark used in an industrial manufacturing,
40processing, compounding, or production process at a fixed
41location in this state are exempt from the taxes imposed by this
42chapter.; however, Such exemption shall not be allowed when
43unless the purchaser signs a certificate stating that the fuel
44to be exempted is primarily for the exclusive use designated in
45this paragraph and may be allowed without such a signed
46certificate for de minimis uses of such fuels for other purposes
47as determined by the department herein. This exemption does not
48apply to the use of boiler fuels that are not used in
49manufacturing, processing, compounding, or producing items of
50tangible personal property for sale, or to the use of boiler
51fuels used by any firm subject to regulation by the Division of
52Hotels and Restaurants of the Department of Business and
53Professional Regulation.
54     Section 2.  This act shall take effect July 1, 2007, and
55shall operate retroactively to January 1, 2007.


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