Florida 2022 Regular Session

Florida House Bill H0751 Latest Draft

Bill / Introduced Version Filed 11/30/2021

                               
 
HB 751  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0751-00 
Page 1 of 3 
F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to ad valorem taxation of construction 2 
equipment; amending s. 192.001, F.S.; revising the 3 
definition of the term "inventory" to include 4 
construction equipment owned by heavy equipment rental 5 
dealers for certain ad valorem tax purposes; providing 6 
an effective date. 7 
 8 
Be It Enacted by the Legislature of the State of Florida: 9 
 10 
 Section 1.  Paragraph (c) of subsection (11) of section 11 
192.001, Florida Statutes, is amended to read: 12 
 192.001  Definitions. —All definitions set out in chapters 1 13 
and 200 that are applicable to this chapter are included herein. 14 
In addition, the following definitions shall apply in the 15 
imposition of ad valorem taxe s: 16 
 (11)  "Personal property," for the purposes of ad valorem 17 
taxation, shall be divided into four categories as follows: 18 
 (c)1.  "Inventory" means only those chattels consisting of 19 
items commonly referred to as goods, wares, and merchandise (as 20 
well as inventory) which are held for sale or lease to customers 21 
in the ordinary course of business. Supplies and raw materials 22 
shall be considered to be inventory only to the extent that they 23 
are acquired for sale or lease to customers in the ordinary 24 
course of business or will physically become a part of 25     
 
HB 751  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0751-00 
Page 2 of 3 
F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
merchandise intended for sale or lease to customers in the 26 
ordinary course of business. Partially finished products which 27 
when completed will be held for sale or lease to customers in 28 
the ordinary course of busines s shall be deemed items of 29 
inventory. All livestock shall be considered inventory. Items of 30 
inventory held for lease to customers in the ordinary course of 31 
business, rather than for sale, shall be deemed inventory only 32 
prior to the initial lease of such it ems. For the purposes of 33 
this section, fuels used in the production of electricity shall 34 
be considered inventory. 35 
 2.  "Inventory" also means construction and agricultural 36 
equipment weighing 1,000 pounds or more that is returned to a 37 
dealership under a ren t-to-purchase option and held for sale to 38 
customers in the ordinary course of business. This subparagraph 39 
may not be considered in determining whether property that is 40 
not construction and agricultural equipment weighing 1,000 41 
pounds or more that is return ed under a rent-to-purchase option 42 
is inventory under subparagraph 1. 43 
 3.  Notwithstanding any provision in this section to the 44 
contrary, the term "inventory," for all levies other than school 45 
district levies, also means construction equipment owned by a 46 
heavy equipment rental dealer that is for sale or short -term 47 
rental in the normal course of business on the annual assessment 48 
date. For the purposes of this chapter and chapter 196, the term 49 
"heavy equipment rental dealer" means a person or entity 50     
 
HB 751  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0751-00 
Page 3 of 3 
F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
principally engaged in the business of short -term rentals and 51 
sales of equipment described under 532412 of the North American 52 
Industry Classification System including attachments for the 53 
equipment or other ancillary equipment. As used in this 54 
subparagraph, the term "short-term rental" means the rental of a 55 
heavy equipment dealer's rental property for fewer than 365 days 56 
under an open-ended contract or under a contract with unlimited 57 
terms. The prior short -term rental of any construction equipment 58 
does not disqualify such property from qualifying as inventory 59 
under this paragraph following the term of that prior short -term 60 
rental. The term "inventory" does not include heavy equipment 61 
rented with an operator. 62 
 Section 2.  This act shall take effect July 1, 2022. 63