HB 821

1
A bill to be entitled
2An act relating to the packing of agricultural
3products; amending s. 212.08, F.S.; providing an
4exemption from the tax on sales, use, and other
5transactions for electricity used by packinghouses;
6defining the term "packinghouse"; providing an
7effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Paragraph (e) of subsection (5) of section
12212.08, Florida Statutes, is amended to read:
13     212.08  Sales, rental, use, consumption, distribution, and
14storage tax; specified exemptions.-The sale at retail, the
15rental, the use, the consumption, the distribution, and the
16storage to be used or consumed in this state of the following
17are hereby specifically exempt from the tax imposed by this
18chapter.
19     (5)  EXEMPTIONS; ACCOUNT OF USE.-
20     (e)  Gas or electricity used for certain agricultural
21purposes.-
22     1.  Butane gas, propane gas, natural gas, and all other
23forms of liquefied petroleum gases are exempt from the tax
24imposed by this chapter if used in any tractor, vehicle, or
25other farm equipment which is used exclusively on a farm or for
26processing farm products on the farm and no part of which gas is
27used in any vehicle or equipment driven or operated on the
28public highways of this state. This restriction does not apply
29to the movement of farm vehicles or farm equipment between
30farms. The transporting of bees by water and the operating of
31equipment used in the apiary of a beekeeper is also deemed an
32exempt use.
33     2.  Electricity used directly or indirectly for production,
34packing, or processing of agricultural products on the farm, or
35used directly or indirectly in a packinghouse, is exempt from
36the tax imposed by this chapter. As used in this subsection, the
37term "packinghouse" means any building or structure where fruits
38and vegetables are packed or otherwise prepared for market or
39shipment in fresh form for wholesale distribution. The exemption
40does not apply to electricity used in buildings or structures
41where agricultural products are sold at retail. This exemption
42applies only if the electricity used for the exempt purposes is
43separately metered. If the electricity is not separately
44metered, it is conclusively presumed that some portion of the
45electricity is used for a nonexempt purpose, and all of the
46electricity used for such purposes is taxable.
47     Section 2.  This act shall take effect July 1, 2012.


CODING: Words stricken are deletions; words underlined are additions.