1 | A bill to be entitled |
2 | An act relating to the packing of agricultural |
3 | products; amending s. 212.08, F.S.; providing an |
4 | exemption from the tax on sales, use, and other |
5 | transactions for electricity used by packinghouses; |
6 | defining the term "packinghouse"; providing an |
7 | effective date. |
8 |
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9 | Be It Enacted by the Legislature of the State of Florida: |
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11 | Section 1. Paragraph (e) of subsection (5) of section |
12 | 212.08, Florida Statutes, is amended to read: |
13 | 212.08 Sales, rental, use, consumption, distribution, and |
14 | storage tax; specified exemptions.-The sale at retail, the |
15 | rental, the use, the consumption, the distribution, and the |
16 | storage to be used or consumed in this state of the following |
17 | are hereby specifically exempt from the tax imposed by this |
18 | chapter. |
19 | (5) EXEMPTIONS; ACCOUNT OF USE.- |
20 | (e) Gas or electricity used for certain agricultural |
21 | purposes.- |
22 | 1. Butane gas, propane gas, natural gas, and all other |
23 | forms of liquefied petroleum gases are exempt from the tax |
24 | imposed by this chapter if used in any tractor, vehicle, or |
25 | other farm equipment which is used exclusively on a farm or for |
26 | processing farm products on the farm and no part of which gas is |
27 | used in any vehicle or equipment driven or operated on the |
28 | public highways of this state. This restriction does not apply |
29 | to the movement of farm vehicles or farm equipment between |
30 | farms. The transporting of bees by water and the operating of |
31 | equipment used in the apiary of a beekeeper is also deemed an |
32 | exempt use. |
33 | 2. Electricity used directly or indirectly for production, |
34 | packing, or processing of agricultural products on the farm, or |
35 | used directly or indirectly in a packinghouse, is exempt from |
36 | the tax imposed by this chapter. As used in this subsection, the |
37 | term "packinghouse" means any building or structure where fruits |
38 | and vegetables are packed or otherwise prepared for market or |
39 | shipment in fresh form for wholesale distribution. The exemption |
40 | does not apply to electricity used in buildings or structures |
41 | where agricultural products are sold at retail. This exemption |
42 | applies only if the electricity used for the exempt purposes is |
43 | separately metered. If the electricity is not separately |
44 | metered, it is conclusively presumed that some portion of the |
45 | electricity is used for a nonexempt purpose, and all of the |
46 | electricity used for such purposes is taxable. |
47 | Section 2. This act shall take effect July 1, 2012. |