| 1 | A bill to be entitled | 
| 2 | An act relating to exemptions from the tax on sales, use, | 
| 3 | and other transactions; amending s. 212.08, F.S.; | 
| 4 | expanding the exemption for use of certain boiler fuels; | 
| 5 | providing for retroactive application; providing an | 
| 6 | effective date. | 
| 7 | 
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| 8 | Be It Enacted by the Legislature of the State of Florida: | 
| 9 | 
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| 10 | Section 1.  Paragraph (b) of subsection (7) of section | 
| 11 | 212.08, Florida Statutes, is amended to read: | 
| 12 | 212.08  Sales, rental, use, consumption, distribution, and | 
| 13 | storage tax; specified exemptions.--The sale at retail, the | 
| 14 | rental, the use, the consumption, the distribution, and the | 
| 15 | storage to be used or consumed in this state of the following | 
| 16 | are hereby specifically exempt from the tax imposed by this | 
| 17 | chapter. | 
| 18 | (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any | 
| 19 | entity by this chapter do not inure to any transaction that is | 
| 20 | otherwise taxable under this chapter when payment is made by a | 
| 21 | representative or employee of the entity by any means, | 
| 22 | including, but not limited to, cash, check, or credit card, even | 
| 23 | when that representative or employee is subsequently reimbursed | 
| 24 | by the entity. In addition, exemptions provided to any entity by | 
| 25 | this subsection do not inure to any transaction that is | 
| 26 | otherwise taxable under this chapter unless the entity has | 
| 27 | obtained a sales tax exemption certificate from the department | 
| 28 | or the entity obtains or provides other documentation as | 
| 29 | required by the department. Eligible purchases or leases made | 
| 30 | with such a certificate must be in strict compliance with this | 
| 31 | subsection and departmental rules, and any person who makes an | 
| 32 | exempt purchase with a certificate that is not in strict | 
| 33 | compliance with this subsection and the rules is liable for and | 
| 34 | shall pay the tax. The department may adopt rules to administer | 
| 35 | this subsection. | 
| 36 | (b)  Boiler fuels.--When purchased for use as a combustible | 
| 37 | fuel, purchases of natural gas, residual oil, recycled oil, | 
| 38 | waste oil, solid waste material, coal, sulfur, wood, wood | 
| 39 | residues or wood bark used in an industrial manufacturing, | 
| 40 | processing, compounding, or production process at a fixed | 
| 41 | location in this state are exempt from the taxes imposed by this | 
| 42 | chapter. ; however,Such exemption shallnotbe allowed when | 
| 43 | unlessthe purchaser signs a certificate stating that the fuel | 
| 44 | to be exempted is primarily for the exclusiveuse designated in | 
| 45 | this paragraph and may be allowed without such a signed | 
| 46 | certificate for de minimis uses of such fuels for other purposes | 
| 47 | as determined by the department herein. This exemption does not | 
| 48 | apply to the use of boiler fuels that are not used in | 
| 49 | manufacturing, processing, compounding, or producing items of | 
| 50 | tangible personal property for sale, or to the use of boiler | 
| 51 | fuels used by any firm subject to regulation by the Division of | 
| 52 | Hotels and Restaurants of the Department of Business and | 
| 53 | Professional Regulation. | 
| 54 | Section 2.  This act shall take effect July 1, 2007, and | 
| 55 | shall operate retroactively to January 1, 2007. |