Florida Senate - 2016 SB 1264 By Senator Simpson 18-01264-16 20161264__ 1 A bill to be entitled 2 An act relating to sales tax exemptions for 3 agricultural equipment; amending s. 212.08, F.S.; 4 revising the maximum sales price of certain farm 5 trailers that are exempt from the sales and use tax; 6 exempting certain agricultural items from the tax; 7 providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Paragraph (b) of subsection (3) and paragraph 12 (a) of subsection (5) of section 212.08, Florida Statutes, are 13 amended to read: 14 212.08 Sales, rental, use, consumption, distribution, and 15 storage tax; specified exemptions.—The sale at retail, the 16 rental, the use, the consumption, the distribution, and the 17 storage to be used or consumed in this state of the following 18 are hereby specifically exempt from the tax imposed by this 19 chapter. 20 (3) EXEMPTIONS; CERTAIN FARM EQUIPMENT.— 21 (b) The tax may not be imposed on that portion of the sales 22 price below $25,000$20,000for a trailer weighing 12,000 pounds 23 or less and purchased by a farmer for exclusive use in 24 agricultural production or to transport farm products from his 25 or her farm to the place where the farmer transfers ownership of 26 the farm products to another. This exemption is not forfeited by 27 using a trailer to transport the farmer’s farm equipment. The 28 exemption provided under this paragraph does not apply to the 29 lease or rental of a trailer. 30 (5) EXEMPTIONS; ACCOUNT OF USE.— 31 (a) Items in agricultural use and certain nets.—There are 32 exempt from the tax imposed by this chapter nets designed and 33 used exclusively by commercial fisheries; disinfectants, 34 fertilizers, insecticides, pesticides, herbicides, fungicides, 35 and weed killers used for application on crops or groves, 36 including commercial nurseries and home vegetable gardens, used 37 in dairy barns or on poultry farms for the purpose of protecting 38 poultry or livestock, or used directly on poultry or livestock; 39 portable containers or movable receptacles in which portable 40 containers are placed, used for processing farm products; field 41 and garden seeds, including flower seeds; nursery stock, 42 seedlings, cuttings, or other propagative material purchased for 43 growing stock; seeds, seedlings, cuttings, and plants used to 44 produce food for human consumption; cloth, plastic, and other 45 similar materials used for shade, mulch, or protection from 46 frost or insects on a farm; hog wire and nylon mesh netting used 47 on a farm for protection from predatory or destructive animals; 48 barbed wire fencing, including gates and materials used to 49 construct or repair such fencing, used on a beef or dairy cattle 50 farm; stakes used by a farmer to support plants during 51 agricultural production; generators used on poultry farms; 52 compressed or liquefied oxygen used in aquaculture production; 53 and liquefied petroleum gas or other fuel used to heat a 54 structure in which started pullets or broilers are raised; 55 however, such exemption is not allowed unless the purchaser or 56 lessee signs a certificate stating that the item to be exempted 57 is for the exclusive use designated herein. Also exempt are 58 cellophane wrappers, glue for tin and glass (apiarists), mailing 59 cases for honey, shipping cases, window cartons, and baling wire 60 and twine used for baling hay, when used by a farmer to contain, 61 produce, or process an agricultural commodity. 62 Section 2. This act shall take effect July 1, 2016.