Florida Senate - 2008 SB 2320
By Senator Posey
24-03330-08 20082320__
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A bill to be entitled
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An act relating to the tax on sales, use, and other
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transactions; amending s. 212.08, F.S.; repealing the
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exemption for ostrich feed; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (d) of subsection (7) of section
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212.08, Florida Statutes, is amended to read:
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212.08 Sales, rental, use, consumption, distribution, and
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storage tax; specified exemptions.--The sale at retail, the
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rental, the use, the consumption, the distribution, and the
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storage to be used or consumed in this state of the following are
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hereby specifically exempt from the tax imposed by this chapter.
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(7) MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
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entity by this chapter do not inure to any transaction that is
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otherwise taxable under this chapter when payment is made by a
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representative or employee of the entity by any means, including,
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but not limited to, cash, check, or credit card, even when that
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representative or employee is subsequently reimbursed by the
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entity. In addition, exemptions provided to any entity by this
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subsection do not inure to any transaction that is otherwise
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taxable under this chapter unless the entity has obtained a sales
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tax exemption certificate from the department or the entity
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obtains or provides other documentation as required by the
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department. Eligible purchases or leases made with such a
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certificate must be in strict compliance with this subsection and
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departmental rules, and any person who makes an exempt purchase
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with a certificate that is not in strict compliance with this
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subsection and the rules is liable for and shall pay the tax. The
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department may adopt rules to administer this subsection.
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(d) Feeds.--Feeds for poultry, ostriches, and livestock,
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including racehorses and dairy cows, are exempt.
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Section 2. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.