Florida Senate - 2008 (Reformatted) SB 394
By Senator Atwater
25-00343-08 2008394__
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A bill to be entitled
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An act relating to exemptions from the tax on sales, use,
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and other transactions; amending s. 212.02, F.S.; defining
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the term "low-volume irrigation" or "microirrigation";
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amending s. 212.08, F.S.; including in the exemption for
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items in agricultural use agricultural machinery or farm
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equipment used for low-volume irrigation or
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microirrigation; deleting exemptions relating to certain
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equipment and fuel used in breeding poultry; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (34) is added to section 212.02,
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Florida Statutes, to read:
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212.02 Definitions.--The following terms and phrases when
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used in this chapter have the meanings ascribed to them in this
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section, except where the context clearly indicates a different
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meaning:
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(34) "Low-volume irrigation" or "microirrigation" means
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irrigation by means of frequent application of small quantities
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of water directly on or below the soil surface, usually as
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discrete drops, tiny streams, or miniature sprays through
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emitters placed along the water delivery pipes. Low-volume
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irrigation and microirrigation systems are designed to deliver
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water at a rate of 45 gallons per hour or less per exit point.
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The physical components required to apply water by low-volume
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irrigation or microirrigation methods include all equipment and
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system components necessary to transport water from the pump or
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pumping station to the crop through the low-volume irrigation or
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microirrigation system. System components include pumps, pumping
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stations, control stations, filtration equipment pressure
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regulators, piping, tubing, emitters, valves, fittings, gauges,
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sensors, sprinklers, and safety devices.
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Section 2. Paragraph (a) of subsection (5) 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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(5) EXEMPTIONS; ACCOUNT OF USE.--
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(a) Items in agricultural use and certain nets.--There are
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exempt from the tax imposed by this chapter nets designed and
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used exclusively by commercial fisheries; disinfectants,
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fertilizers, insecticides, pesticides, herbicides, fungicides,
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and weed killers used for application on crops or groves,
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including commercial nurseries and home vegetable gardens, used
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in dairy barns or on poultry farms for the purpose of protecting
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poultry or livestock, or used directly on poultry or livestock;
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portable containers or movable receptacles in which portable
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containers are placed, used for processing farm products; field
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and garden seeds, including flower seeds; nursery stock,
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seedlings, cuttings, or other propagative material purchased for
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growing stock; seeds, seedlings, cuttings, and plants used to
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produce food for human consumption; cloth, plastic, and other
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similar materials used for shade, mulch, or protection from frost
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or insects on a farm; and low-volume irrigation or
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microirrigation equipment or components, as defined in s.
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212.02(34), used in agricultural production; generators used on
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poultry farms; and liquefied petroleum gas or other fuel used to
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heat a structure in which started pullets or broilers are raised;
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however, such exemption shall not be allowed unless the purchaser
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or lessee signs a certificate stating that the item to be
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exempted is for the exclusive use designated herein. Also exempt
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are cellophane wrappers, glue for tin and glass (apiarists),
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mailing cases for honey, shipping cases, window cartons, and
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baling wire and twine used for baling hay, when used by a farmer
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to contain, produce, or process an agricultural commodity.
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Section 3. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.