Florida Senate - 2010 SB 1170 By Senator Altman 24-00742A-10 20101170__ 1 A bill to be entitled 2 An act relating to tangible personal property taxes; 3 authorizing a person who rents heavy equipment to 4 collect a tangible personal property tax recovery fee; 5 defining the term “heavy equipment”; providing an 6 effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Heavy equipment rental; tangible personal 11 property tax recovery fee.—A person who engages in the business 12 of renting heavy equipment may collect a tangible personal 13 property tax recovery fee on the rental of heavy equipment. The 14 purpose of the fee is to allow the owner of the heavy equipment 15 to recover the tangible personal property taxes imposed upon the 16 equipment. The amount of the fee must be disclosed in the rental 17 agreement and be based on the rental business’s estimate of the 18 pro rata annual tangible personal property taxes that will be 19 imposed on the equipment. The personal property tax recovery fee 20 may not exceed the tangible personal property taxes imposed on 21 the heavy equipment. For purposes of this section, the term 22 “heavy equipment” means industrial or construction equipment and 23 includes, but is not limited to, equipment described in North 24 American Industry Classification System (NAICS) Code 532412, as 25 published in 2007 by the Office of Management and Budget, 26 Executive Office of the President. 27 Section 2. This act shall take effect July 1, 2010.