Senate Bill 1692c1

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



    Florida Senate - 1998                           CS for SB 1692

    By the Committee on Ways and Means; and Senator Ostalkiewicz





    301-2073-98

  1                      A bill to be entitled

  2         An act relating to the tax on sales, use, and

  3         other transactions (RAB); amending s. 212.02,

  4         F.S.; defining the terms "itinerant merchant,"

  5         "flea market operator, manager, lessor, or

  6         owner," "agricultural commodity," "farmer," and

  7         "livestock"; amending s. 212.07, F.S.;

  8         prescribing dealer liability for certain tax;

  9         prescribing tax liability for sales of race

10         horses in claiming races; amending s. 212.08,

11         F.S.; exempting certain sales of racing dogs;

12         disallowing a sales tax exemption for purchases

13         made by an employee of an exempt organization

14         when such payment is made by the employee;

15         amending s. 212.09, F.S.; revising provisions

16         regulating credits for trade-ins; amending s.

17         212.17, F.S.; providing for reimbursement of

18         certain taxes paid by dealers; amending s.

19         212.18, F.S.; prescribing procedures for

20         remittance of tax on sales at flea markets;

21         providing an effective date.

22

23  Be It Enacted by the Legislature of the State of Florida:

24

25         Section 1.  Subsections (27), (28), (29), (30), and

26  (31) are added to section 212.02, Florida Statutes, to read:

27         212.02  Definitions.--The following terms and phrases

28  when used in this chapter have the meanings ascribed to them

29  in this section, except where the context clearly indicates a

30  different meaning:

31

                                  1

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1         (27)  "Itinerant merchant" means any person, as defined

  2  in this chapter, who solicits, engages in, transacts, or

  3  offers for sale any new or used merchandise either in one

  4  location or while traveling from place to place in this state,

  5  who does not intend to become or who does not become a

  6  permanent merchant at any one location, and who for the

  7  purpose of transacting such business rents, hires, leases,

  8  occupies, or uses any building, structure, lot, tract, motor

  9  vehicle, sample case, display case, or any portion thereof,

10  for the exhibition and sale of goods, wares, or merchandise.

11  Flea market vendors are included within this definition.

12  However, an itinerant merchant does not mean any person who

13  occasionally sells tangible personal property from his place

14  of residence, if the person does not hold himself out as

15  engaged in business and if the person does not conduct more

16  than two sales events per calendar year.

17         (28)  A "flea market operator, manager, lessor, or

18  owner" means any person who provides space to flea market

19  vendors.

20         (29)  "Agricultural commodity" means horticultural,

21  aquacultural, poultry and farm products, and livestock and

22  livestock products.

23         (30)  "Farmer" means a person who is directly engaged

24  in the business of producing crops, livestock, or other

25  agricultural commodities. The term includes, but is not

26  limited to, horse breeders, nurserymen, dairymen, poultry men,

27  cattle ranchers, apiarists, and persons raising fish.

28         (31)  "Livestock" includes all animals of the equine,

29  bovine, or swine class, including goats, sheep, mules, horses,

30  hogs, cattle, ostriches, and other grazing animals raised for

31

                                  2

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1  commercial purposes. The term "livestock" shall also include

  2  fish raised for commercial purposes.

  3         Section 2.  Paragraph (c) is added to subsection (1) of

  4  section 212.07, Florida Statutes, and subsections (5) and (8)

  5  of that section are amended, to read:

  6         212.07  Sales, storage, use tax; tax added to purchase

  7  price; dealer not to absorb; liability of purchasers who

  8  cannot prove payment of the tax; penalties; general

  9  exemptions.--

10         (1)

11         (c)  Unless the purchaser of tangible personal property

12  that is incorporated into tangible personal property

13  manufactured, produced, compounded, processed, or fabricated

14  for one's own use and subject to the tax imposed under s.

15  212.06(1)(b) or is purchased for export under s.

16  212.06(5)(a)1. extends a certificate in compliance with the

17  rules of the department, the dealer shall himself or herself

18  be liable for and pay the tax.

19         (5)(a)  The gross proceeds derived from the sale in

20  this state of livestock, poultry, and other farm products

21  direct from the farm are exempted from the tax levied by this

22  chapter provided such sales are made directly by the

23  producers.  The producers shall be entitled to such exemptions

24  although the livestock so sold in this state may have been

25  registered with a breeders' or registry association prior to

26  the sale and although the sale takes place at a livestock show

27  or race meeting, so long as the sale is made by the original

28  producer and within this state.  When sales of livestock,

29  poultry, or other farm products are made to consumers by any

30  person, as defined herein, other than a producer, they are not

31  exempt from the tax imposed by this chapter. The foregoing

                                  3

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1  exemption does not apply to ornamental nursery stock offered

  2  for retail sale by the producer.

  3         (b)  Sales of race horses at claiming races are

  4  taxable; however, if sufficient information is provided by

  5  race track officials to properly administer the tax, sales tax

  6  is due only on the maximum single amount for which a horse is

  7  sold at all races at which it is claimed during an entire

  8  racing season.

  9         (8)  The term "agricultural commodity," for the

10  purposes hereof, means horticultural, poultry and farm

11  products, and livestock and livestock products.

12         Section 3.  Subsection (7) of section 212.08, Florida

13  Statutes, is amended, to read:

14         212.08  Sales, rental, use, consumption, distribution,

15  and storage tax; specified exemptions.--The sale at retail,

16  the rental, the use, the consumption, the distribution, and

17  the storage to be used or consumed in this state of the

18  following are hereby specifically exempt from the tax imposed

19  by this chapter.

20         (7)  MISCELLANEOUS EXEMPTIONS.--

21         (a)  Artificial commemorative flowers.--Exempt from the

22  tax imposed by this chapter is the sale of artificial

23  commemorative flowers by bona fide nationally chartered

24  veterans' organizations.

25         (b)  Boiler fuels.--When purchased for use as a

26  combustible fuel, purchases of natural gas, residual oil,

27  recycled oil, waste oil, solid waste material, coal, sulfur,

28  wood, wood residues or wood bark used in an industrial

29  manufacturing, processing, compounding, or production process

30  at a fixed location in this state are exempt from the taxes

31  imposed by this chapter; however, such exemption shall not be

                                  4

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1  allowed unless the purchaser signs a certificate stating that

  2  the fuel to be exempted is for the exclusive use designated

  3  herein. This exemption does not apply to the use of boiler

  4  fuels that are not used in manufacturing, processing,

  5  compounding, or producing items of tangible personal property

  6  for sale, or to the use of boiler fuels used by any firm

  7  subject to regulation by the Division of Hotels and

  8  Restaurants of the Department of Business and Professional

  9  Regulation.

10         (c)  Crustacea bait.--Also exempt from the tax imposed

11  by this chapter is the purchase by commercial fishers of bait

12  intended solely for use in the entrapment of Callinectes

13  sapidus and Menippe mercenaria.

14         (d)  Feeds.--Feeds for poultry, ostriches, and

15  livestock, including racehorses and dairy cows, are exempt.

16         (e)  Film rentals.--Film rentals are exempt when an

17  admission is charged for viewing such film, and license fees

18  and direct charges for films, videotapes, and transcriptions

19  used by television or radio stations or networks are exempt.

20         (f)  Flags.--Also exempt are sales of the flag of the

21  United States and the official state flag of Florida.

22         (g)  Florida Retired Educators Association and its

23  local chapters.--Also exempt from payment of the tax imposed

24  by this chapter are purchases of office supplies, equipment,

25  and publications made by the Florida Retired Educators

26  Association and its local chapters.

27         (h)  Guide dogs for the blind.--Also exempt are the

28  sale or rental of guide dogs for the blind, commonly referred

29  to as "seeing-eye dogs," and the sale of food or other items

30  for such guide dogs.

31

                                  5

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1         1.  The department shall issue a consumer's certificate

  2  of exemption to any blind person who holds an identification

  3  card as provided for in s. 413.091 and who either owns or

  4  rents, or contemplates the ownership or rental of, a guide dog

  5  for the blind. The consumer's certificate of exemption shall

  6  be issued without charge and shall be of such size as to be

  7  capable of being carried in a wallet or billfold.

  8         2.  The department shall make such rules concerning

  9  items exempt from tax under the provisions of this paragraph

10  as may be necessary to provide that any person authorized to

11  have a consumer's certificate of exemption need only present

12  such a certificate at the time of paying for exempt goods and

13  shall not be required to pay any tax thereon.

14         (i)  Hospital meals and rooms.--Also exempt from

15  payment of the tax imposed by this chapter on rentals and

16  meals are patients and inmates of any hospital or other

17  physical plant or facility designed and operated primarily for

18  the care of persons who are ill, aged, infirm, mentally or

19  physically incapacitated, or otherwise dependent on special

20  care or attention. Residents of a home for the aged are exempt

21  from payment of taxes on meals provided through the facility.

22  A home for the aged is defined as a facility that is licensed

23  or certified in part or in whole under chapter 400 or chapter

24  651, or that is financed by a mortgage loan made or insured by

25  the United States Department of Housing and Urban Development

26  under s. 202, s. 202 with a s. 8 subsidy, s. 221(d)(3) or (4),

27  s. 232, or s. 236 of the National Housing Act, or other such

28  similar facility designed and operated primarily for the care

29  of the aged.

30         (j)  Household fuels.--Also exempt from payment of the

31  tax imposed by this chapter are sales of utilities to

                                  6

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1  residential households or owners of residential models in this

  2  state by utility companies who pay the gross receipts tax

  3  imposed under s. 203.01, and sales of fuel to residential

  4  households or owners of residential models, including oil,

  5  kerosene, liquefied petroleum gas, coal, wood, and other fuel

  6  products used in the household or residential model for the

  7  purposes of heating, cooking, lighting, and refrigeration,

  8  regardless of whether such sales of utilities and fuels are

  9  separately metered and billed direct to the residents or are

10  metered and billed to the landlord. If any part of the utility

11  or fuel is used for a nonexempt purpose, the entire sale is

12  taxable. The landlord shall provide a separate meter for

13  nonexempt utility or fuel consumption.  For the purposes of

14  this paragraph, licensed family day care homes shall also be

15  exempt.

16         (k)  Meals provided by certain nonprofit

17  organizations.--There is exempt from the tax imposed by this

18  chapter the sale of prepared meals by a nonprofit volunteer

19  organization to handicapped, elderly, or indigent persons when

20  such meals are delivered as a charitable function by the

21  organization to such persons at their places of residence.

22         (l)  Military museums.--Also exempt are sales to

23  nonprofit corporations which hold current exemptions from

24  federal corporate income tax pursuant to s. 501(c)(3),

25  Internal Revenue Code of 1954, as amended, and whose primary

26  purpose is to raise money for military museums.

27         (m)  Nonprofit corporations; homes for the aged,

28  nursing homes, or hospices.--Nonprofit corporations which hold

29  current exemptions from federal corporate income tax pursuant

30  to s. 501(c)(3), Internal Revenue Code of 1954, as amended,

31  and which either qualify as homes for the aged pursuant to s.

                                  7

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1  196.1975(2) or are licensed as a nursing home or hospice under

  2  the provisions of chapter 400, are exempt from the tax imposed

  3  by this chapter.

  4         (n)  Organizations providing special educational,

  5  cultural, recreational, and social benefits to minors.--There

  6  shall be exempt from the tax imposed by this chapter nonprofit

  7  organizations which are incorporated pursuant to chapter 617

  8  or which hold a current exemption from federal corporate

  9  income tax pursuant to s. 501(c)(3) of the Internal Revenue

10  Code the primary purpose of which is providing activities that

11  contribute to the development of good character or good

12  sportsmanship, or to the educational or cultural development,

13  of minors.  This exemption is extended only to that level of

14  the organization that has a salaried executive officer or an

15  elected nonsalaried executive officer.

16         (o)  Religious, charitable, scientific, educational,

17  and veterans' institutions and organizations.--

18         1.  There are exempt from the tax imposed by this

19  chapter transactions involving:

20         a.  Sales or leases directly to churches or sales or

21  leases of tangible personal property by churches;

22         b.  Sales or leases to nonprofit religious, nonprofit

23  charitable, nonprofit scientific, or nonprofit educational

24  institutions when used in carrying on their customary

25  nonprofit religious, nonprofit charitable, nonprofit

26  scientific, or nonprofit educational activities, including

27  church cemeteries; and

28         c.  Sales or leases to the state headquarters of

29  qualified veterans' organizations and the state headquarters

30  of their auxiliaries when used in carrying on their customary

31  veterans' organization activities. If a qualified veterans'

                                  8

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1  organization or its auxiliary does not maintain a permanent

  2  state headquarters, then transactions involving sales or

  3  leases to such organization and used to maintain the office of

  4  the highest ranking state official are exempt from the tax

  5  imposed by this chapter.

  6         2.  The provisions of this section authorizing

  7  exemptions from tax shall be strictly defined, limited, and

  8  applied in each category as follows:

  9         a.  "Religious institutions" means churches,

10  synagogues, and established physical places for worship at

11  which nonprofit religious services and activities are

12  regularly conducted and carried on. The term "religious

13  institutions" includes nonprofit corporations the sole purpose

14  of which is to provide free transportation services to church

15  members, their families, and other church attendees. The term

16  "religious institutions" also includes state, district, or

17  other governing or administrative offices the function of

18  which is to assist or regulate the customary activities of

19  religious organizations or members. The term "religious

20  institutions" also includes any nonprofit corporation which is

21  qualified as nonprofit pursuant to s. 501(c)(3), Internal

22  Revenue Code of 1986, as amended, which owns and operates a

23  Florida television station, at least 90 percent of the

24  programming of which station consists of programs of a

25  religious nature, and the financial support for which,

26  exclusive of receipts for broadcasting from other nonprofit

27  organizations, is predominantly from contributions from the

28  general public. The term "religious institutions" also

29  includes any nonprofit corporation which is qualified as

30  nonprofit pursuant to s. 501(c)(3), Internal Revenue Code of

31  1986, as amended, which provides regular religious services to

                                  9

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1  Florida state prisoners and which from its own established

  2  physical place of worship, operates a ministry providing

  3  worship and services of a charitable nature to the community

  4  on a weekly basis.

  5         b.  "Charitable institutions" means only nonprofit

  6  corporations qualified as nonprofit pursuant to s. 501(c)(3),

  7  Internal Revenue Code of 1954, as amended, and other nonprofit

  8  entities, the sole or primary function of which is to provide,

  9  or to raise funds for organizations which provide, one or more

10  of the following services if a reasonable percentage of such

11  service is provided free of charge, or at a substantially

12  reduced cost, to persons, animals, or organizations that are

13  unable to pay for such service:

14         (I)  Medical aid for the relief of disease, injury, or

15  disability;

16         (II)  Regular provision of physical necessities such as

17  food, clothing, or shelter;

18         (III)  Services for the prevention of or rehabilitation

19  of persons from alcoholism or drug abuse; the prevention of

20  suicide; or the alleviation of mental, physical, or sensory

21  health problems;

22         (IV)  Social welfare services including adoption

23  placement, child care, community care for the elderly, and

24  other social welfare services which clearly and substantially

25  benefit a client population which is disadvantaged or suffers

26  a hardship;

27         (V)  Medical research for the relief of disease,

28  injury, or disability;

29         (VI)  Legal services; or

30

31

                                  10

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1         (VII)  Food, shelter, or medical care for animals or

  2  adoption services, cruelty investigations, or education

  3  programs concerning animals;

  4

  5  and the term includes groups providing volunteer staff to

  6  organizations designated as charitable institutions under this

  7  sub-subparagraph; nonprofit organizations the sole or primary

  8  purpose of which is to coordinate, network, or link other

  9  institutions designated as charitable institutions under this

10  sub-subparagraph with those persons, animals, or organizations

11  in need of their services; and nonprofit national, state,

12  district, or other governing, coordinating, or administrative

13  organizations the sole or primary purpose of which is to

14  represent or regulate the customary activities of other

15  institutions designated as charitable institutions under this

16  sub-subparagraph.  Notwithstanding any other requirement of

17  this section, any blood bank that relies solely upon volunteer

18  donations of blood and tissue, that is licensed under chapter

19  483, and that qualifies as tax exempt under s. 501(c)(3) of

20  the Internal Revenue Code constitutes a charitable institution

21  and is exempt from the tax imposed by this chapter. Sales to a

22  health system, qualified as nonprofit pursuant to s.

23  501(c)(3), Internal Revenue Code of 1986, as amended, which

24  filed an application for exemption with the department prior

25  to April 5, 1997, and which application is subsequently

26  approved, shall be exempt as to any unpaid taxes on purchases

27  made from January 1, 1994, to June 1, 1997.

28         c.  "Scientific organizations" means scientific

29  organizations which hold current exemptions from federal

30  income tax under s. 501(c)(3) of the Internal Revenue Code and

31  also means organizations the purpose of which is to protect

                                  11

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1  air and water quality or the purpose of which is to protect

  2  wildlife and which hold current exemptions from the federal

  3  income tax under s. 501(c)(3) of the Internal Revenue Code.

  4         d.  "Educational institutions" means state

  5  tax-supported or parochial, church and nonprofit private

  6  schools, colleges, or universities which conduct regular

  7  classes and courses of study required for accreditation by, or

  8  membership in, the Southern Association of Colleges and

  9  Schools, the Department of Education, the Florida Council of

10  Independent Schools, or the Florida Association of Christian

11  Colleges and Schools, Inc., or nonprofit private schools which

12  conduct regular classes and courses of study accepted for

13  continuing education credit by a Board of the Division of

14  Medical Quality Assurance of the Department of Business and

15  Professional Regulation or which conduct regular classes and

16  courses of study accepted for continuing education credit by

17  the American Medical Association. Nonprofit libraries, art

18  galleries, performing arts centers that provide educational

19  programs to school children, which programs involve

20  performances or other educational activities at the performing

21  arts center and serve a minimum of 50,000 school children a

22  year, and museums open to the public are defined as

23  educational institutions and are eligible for exemption. The

24  term "educational institutions" includes private nonprofit

25  organizations the purpose of which is to raise funds for

26  schools teaching grades kindergarten through high school,

27  colleges, and universities. The term "educational

28  institutions" includes any nonprofit newspaper of free or paid

29  circulation primarily on university or college campuses which

30  holds a current exemption from federal income tax under s.

31  501(c)(3) of the Internal Revenue Code, and any educational

                                  12

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1  television or radio network or system established pursuant to

  2  s. 229.805 or s. 229.8051 and any nonprofit television or

  3  radio station which is a part of such network or system and

  4  which holds a current exemption from federal income tax under

  5  s. 501(c)(3) of the Internal Revenue Code. The term

  6  "educational institutions" also includes state, district, or

  7  other governing or administrative offices the function of

  8  which is to assist or regulate the customary activities of

  9  educational organizations or members. The term "educational

10  institutions" also includes a nonprofit educational cable

11  consortium which holds a current exemption from federal income

12  tax under s. 501(c)(3) of the Internal Revenue Code of 1986,

13  as amended, whose primary purpose is the delivery of

14  educational and instructional cable television programming and

15  whose members are composed exclusively of educational

16  organizations which hold a valid consumer certificate of

17  exemption and which are either an educational institution as

18  defined in this sub-subparagraph, or qualified as a nonprofit

19  organization pursuant to s. 501(c)(3) of the Internal Revenue

20  Code of 1986, as amended.

21         e.  "Veterans' organizations" means nationally

22  chartered or recognized veterans' organizations, including,

23  but not limited to, Florida chapters of the Paralyzed Veterans

24  of America, Catholic War Veterans of the U.S.A., Jewish War

25  Veterans of the U.S.A., and the Disabled American Veterans,

26  Department of Florida, Inc., which hold current exemptions

27  from federal income tax under s. 501(c)(4) or (19) of the

28  Internal Revenue Code.

29         (p)  Resource recovery equipment.--Also exempt is

30  resource recovery equipment which is owned and operated by or

31  on behalf of any county or municipality, certified by the

                                  13

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1  Department of Environmental Protection under the provisions of

  2  s. 403.715.

  3         (q)  School books and school lunches.--This exemption

  4  applies to school books used in regularly prescribed courses

  5  of study, and to school lunches served to students, in public,

  6  parochial, or nonprofit schools operated for and attended by

  7  pupils of grades 1 though 12.  School books and food sold or

  8  served at community colleges and other institutions of higher

  9  learning are taxable.

10         (r)  State theater contract organizations.--Nonprofit

11  organizations incorporated in accordance with chapter 617

12  which have qualified under s. 501(c)(3) of the Internal

13  Revenue Code of 1954, as amended, and which have been

14  designated as state theater contract organizations as provided

15  in s. 265.289 are exempt from the tax imposed by this chapter.

16         (s)  Tasting beverages.--Vinous and alcoholic beverages

17  provided by distributors or vendors for the purpose of "wine

18  tasting" and "spirituous beverage tasting" as contemplated

19  under the provisions of ss. 564.06 and 565.12, respectively,

20  are exempt from the tax imposed by this chapter.

21         (t)  Boats temporarily docked in state.--

22         1.  Notwithstanding the provisions of chapters 327 and

23  328, pertaining to the registration of vessels, a boat upon

24  which the state sales or use tax has not been paid is exempt

25  from the use tax under this chapter if it enters and remains

26  in this state for a period not to exceed a total of 20 days in

27  any calendar year calculated from the date of first dockage or

28  slippage at a facility, registered with the department, that

29  rents dockage or slippage space in this state.  If a boat

30  brought into this state for use under this paragraph is placed

31  in a facility, registered with the department, for repairs,

                                  14

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1  alterations, refitting, or modifications and such repairs,

  2  alterations, refitting, or modifications are supported by

  3  written documentation, the 20-day period shall be tolled

  4  during the time the boat is physically in the care, custody,

  5  and control of the repair facility, including the time spent

  6  on sea trials conducted by the facility.  The 20-day time

  7  period may be tolled only once within a calendar year when a

  8  boat is placed for the first time that year in the physical

  9  care, custody, and control of a registered repair facility;

10  however, the owner may request and the department may grant an

11  additional tolling of the 20-day period for purposes of

12  repairs that arise from a written guarantee given by the

13  registered repair facility, which guarantee covers only those

14  repairs or modifications made during the first tolled period.

15  Within 72 hours after the date upon which the registered

16  repair facility took possession of the boat, the facility must

17  have in its possession, on forms prescribed by the department,

18  an affidavit which states that the boat is under its care,

19  custody, and control and that the owner does not use the boat

20  while in the facility.  Upon completion of the repairs,

21  alterations, refitting, or modifications, the registered

22  repair facility must, within 72 hours after the date of

23  release, have in its possession a copy of the release form

24  which shows the date of release and any other information the

25  department requires. The repair facility shall maintain a log

26  that documents all alterations, additions, repairs, and sea

27  trials during the time the boat is under the care, custody,

28  and control of the facility.  The affidavit shall be

29  maintained by the registered repair facility as part of its

30  records for as long as required by s. 213.35.  When, within 6

31  months after the date of its purchase, a boat is brought into

                                  15

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1  this state under this paragraph, the 6-month period provided

  2  in s. 212.05(1)(a)2. or s. 212.06(8) shall be tolled.

  3         2.  During the period of repairs, alterations,

  4  refitting, or modifications and during the 20-day period

  5  referred to in subparagraph 1., the boat may be listed for

  6  sale, contracted for sale, or sold exclusively by a broker or

  7  dealer registered with the department without incurring a use

  8  tax under this chapter; however, the sales tax levied under

  9  this chapter applies to such sale.

10         3.  The mere storage of a boat at a registered repair

11  facility does not qualify as a tax-exempt use in this state.

12         4.  As used in this paragraph, "registered repair

13  facility" means:

14         a.  A full-service facility that:

15         (I)  Is located on a navigable body of water;

16         (II)  Has haulout capability such as a dry dock, travel

17  lift, railway, or similar equipment to service craft under the

18  care, custody, and control of the facility;

19         (III)  Has adequate piers and storage facilities to

20  provide safe berthing of vessels in its care, custody, and

21  control; and

22         (IV)  Has necessary shops and equipment to provide

23  repair or warranty work on vessels under the care, custody,

24  and control of the facility;

25         b.  A marina that:

26         (I)  Is located on a navigable body of water;

27         (II)  Has adequate piers and storage facilities to

28  provide safe berthing of vessels in its care, custody, and

29  control; and

30         (III)  Has necessary shops and equipment to provide

31  repairs or warranty work on vessels; or

                                  16

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1         c.  A shoreside facility that:

  2         (I)  Is located on a navigable body of water;

  3         (II)  Has adequate piers and storage facilities to

  4  provide safe berthing of vessels in its care, custody, and

  5  control; and

  6         (III)  Has necessary shops and equipment to provide

  7  repairs or warranty work.

  8         (u)  Volunteer fire departments.--Also exempt are

  9  firefighting and rescue service equipment and supplies

10  purchased by volunteer fire departments, duly chartered under

11  the Florida Statutes as corporations not for profit.

12         (v)  Professional services.--

13         1.  Also exempted are professional, insurance, or

14  personal service transactions that involve sales as

15  inconsequential elements for which no separate charges are

16  made.

17         2.  The personal service transactions exempted pursuant

18  to subparagraph 1. do not exempt the sale of information

19  services involving the furnishing of printed, mimeographed, or

20  multigraphed matter, or matter duplicating written or printed

21  matter in any other manner, other than professional services

22  and services of employees, agents, or other persons acting in

23  a representative or fiduciary capacity or information services

24  furnished to newspapers and radio and television stations.  As

25  used in this subparagraph, the term "information services"

26  includes the services of collecting, compiling, or analyzing

27  information of any kind or nature and furnishing reports

28  thereof to other persons.

29         3.  This exemption does not apply to any service

30  warranty transaction taxable under s. 212.0506.

31

                                  17

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1         4.  This exemption does not apply to any service

  2  transaction taxable under s. 212.05(1)(k).

  3         (w)  Certain newspaper, magazine, and newsletter

  4  subscriptions, shoppers, and community newspapers.--Likewise

  5  exempt are newspaper, magazine, and newsletter subscriptions

  6  in which the product is delivered to the customer by mail.

  7  Also exempt are free, circulated publications that are

  8  published on a regular basis, the content of which is

  9  primarily advertising, and that are distributed through the

10  mail, home delivery, or newsstands. The exemption for

11  newspaper, magazine, and newsletter subscriptions which is

12  provided in this paragraph applies only to subscriptions

13  entered into after March 1, 1997.

14         (x)  Sporting equipment brought into the

15  state.--Sporting equipment brought into Florida, for a period

16  of not more than 4 months in any calendar year, used by an

17  athletic team or an individual athlete in a sporting event is

18  exempt from the use tax if such equipment is removed from the

19  state within 7 days after the completion of the event.

20         (y)  Charter fishing vessels.--The charge for

21  chartering any boat or vessel, with the crew furnished, solely

22  for the purpose of fishing is exempt from the tax imposed

23  under s. 212.04 or s. 212.05.  This exemption does not apply

24  to any charge to enter or stay upon any "head-boat," party

25  boat, or other boat or vessel.  Nothing in this paragraph

26  shall be construed to exempt any boat from sales or use tax

27  upon the purchase thereof except as provided in paragraph (t)

28  and s. 212.05.

29         (z)  Vending machines sponsored by nonprofit or

30  charitable organizations.--Also exempt are food or drinks for

31  human consumption sold for 25 cents or less through a

                                  18

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1  coin-operated vending machine sponsored by a nonprofit

  2  corporation qualified as nonprofit pursuant to s. 501(c)(3) or

  3  (4) of the Internal Revenue Code of 1986, as amended.

  4         (aa)  Certain commercial vehicles.--Also exempt is the

  5  sale, lease, or rental of a commercial motor vehicle as

  6  defined in s. 207.002(2), when the following conditions are

  7  met:

  8         1.  The sale, lease, or rental occurs between two

  9  commonly owned and controlled corporations;

10         2.  Such vehicle was titled and registered in this

11  state at the time of the sale, lease, or rental; and

12         3.  Florida sales tax was paid on the acquisition of

13  such vehicle by the seller, lessor, or renter.

14         (bb)  Community cemeteries.--Also exempt are purchases

15  by any nonprofit corporation that has qualified under s.

16  501(c)(13) of the Internal Revenue Code of 1986, as amended,

17  and is operated for the purpose of maintaining a cemetery that

18  was donated to the community by deed.

19         (cc)  Coast Guard auxiliaries.--A nonprofit

20  organization that is affiliated with the Coast Guard, that is

21  exempt from federal income tax pursuant to s. 501(a) and

22  (c)(3) of the Internal Revenue Code of 1986, as amended, and

23  the primary purpose of which is to promote safe boating and to

24  conduct free public education classes in basic seamanship is

25  exempt from the tax imposed by this chapter.

26         (dd)  Works of art.--

27         1.  Also exempt are works of art sold to or used by an

28  educational institution, as defined in sub-subparagraph

29  (o)2.d.

30         2.  This exemption also applies to the sale to or use

31  in this state of any work of art by any person if it was

                                  19

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1  purchased or imported exclusively for the purpose of being

  2  loaned to and made available for display by any educational

  3  institution, provided that the term of the loan agreement is

  4  for at least 10 years.

  5         3.  A work of art is presumed to have been purchased in

  6  or imported into this state exclusively for loan as provided

  7  in subparagraph 2., if it is so loaned or placed in storage in

  8  preparation for such a loan within 90 days after purchase or

  9  importation, whichever is later; but a work of art is not

10  deemed to be placed in storage for purposes of this exemption

11  if it is displayed at any place other than an educational

12  institution.

13         4.  The exemptions provided by this paragraph are

14  allowed only if the person who purchased the work of art gives

15  to the vendor an affidavit meeting the requirements,

16  established by rule, to document entitlement to the exemption.

17  The person who purchased the work of art shall forward a copy

18  of such affidavit to the Department of Revenue at the time it

19  is issued to the vendor.

20         5.  The exemption provided by subparagraph 2. applies

21  only for the period during which a work of art is in the

22  possession of the educational institution or is in storage

23  before transfer of possession to that institution; and when it

24  ceases to be so possessed or held, tax based upon the sales

25  price paid by the owner is payable, and the statute of

26  limitations provided in s. 95.091 shall begin to run at that

27  time.  Any educational institution which has received a work

28  of art pursuant to this paragraph shall make available to the

29  department information relating to the work of art. Any

30  educational institution that transfers from its possession a

31

                                  20

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1  work of art as defined by this paragraph must notify the

  2  Department of Revenue within 60 days after the transfer.

  3         6.  For purposes of the exemptions provided by this

  4  paragraph, the term "work of art" includes pictorial

  5  representations, sculpture, jewelry, antiques, stamp

  6  collections and coin collections, and other tangible personal

  7  property, the value of which is attributable predominantly to

  8  its artistic, historical, political, cultural, or social

  9  importance.

10         7.  This paragraph is a remedial clarification of

11  legislative intent and applies to all taxes that remain open

12  to assessment or contest on July 1, 1992.

13         (ee)  Taxicab leases.--The lease of or license to use a

14  taxicab or taxicab-related equipment and services provided by

15  a taxicab company to an independent taxicab operator are

16  exempt, provided, however, the exemptions provided under this

17  paragraph only apply if sales or use tax has been paid on the

18  acquisition of the taxicab and its related equipment.

19         (ff)  Aircraft repair and maintenance labor

20  charges.--There shall be exempt from the tax imposed by this

21  chapter all labor charges for the repair and maintenance of

22  aircraft of more than 20,000 pounds maximum certified takeoff

23  weight. Charges for parts and equipment furnished in

24  connection with such labor charges are taxable.

25         (gg)  Athletic event sponsors.--There shall be exempt

26  from the tax imposed by this chapter sales or leases to those

27  organizations which:

28         1.a.  Are incorporated pursuant to chapter 617; and

29         b.  Hold a current exemption from federal corporate

30  income tax liability pursuant to s. 501(c)(3) of the Internal

31  Revenue Code of 1986, as amended; and

                                  21

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1         2.  Sponsor golf tournaments sanctioned by the PGA

  2  Tour, PGA of America, or the LPGA.

  3         (hh)  Electric vehicles.--Effective July 1, 1995,

  4  through June 30, 2000, the sale of an electric vehicle, as

  5  defined in s. 320.01, is exempt from the tax imposed by this

  6  chapter.

  7         (ii)  Certain electricity uses.--Charges for

  8  electricity used directly and exclusively at a fixed location

  9  in this state to operate machinery and equipment that is used

10  to manufacture, process, compound, or produce items of

11  tangible personal property for sale, or to operate pollution

12  control equipment, recycling equipment, maintenance equipment,

13  or monitoring or control equipment used in such operations are

14  exempt from the tax imposed by this chapter as provided in

15  subparagraph 2.  The exemption provided for herein is

16  applicable if the electricity that is used for the exempt

17  purposes is separately metered, or if it is not separately

18  metered, it is irrevocably presumed that 50 percent of the

19  charge for electricity is for nonexempt purposes.  This

20  exemption only applies to industries classified under SIC

21  Industry Major Group Numbers 10, 12, 13, 14, 20, 21, 22, 23,

22  24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38,

23  and 39.  As used in this paragraph, "SIC" means those

24  classifications contained in the Standard Industrial

25  Classification Manual, 1987, as published by the Office of

26  Management and Budget, Executive Office of the President.

27  Possession by a seller of a written certification by the

28  purchaser, certifying the purchaser's entitlement to an

29  exemption permitted by this subsection, relieves the seller

30  from the responsibility of collecting the tax on the

31  nontaxable amounts, and the department shall look solely to

                                  22

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1  the purchaser for recovery of such tax if it determines that

  2  the purchaser was not entitled to the exemption. Such

  3  exemption shall be applied as follows:

  4         1.  Beginning July 1, 1996, 20 percent of the charges

  5  for such electricity shall be exempt.

  6         2.  Beginning July 1, 1997, 40 percent of the charges

  7  for such electricity shall be exempt.

  8         3.  Beginning July 1, 1998, 60 percent of the charges

  9  for such electricity shall be exempt.

10         4.  Beginning July 1, 1999, 80 percent of the charges

11  for such electricity shall be exempt.

12         5.  Beginning July 1, 2000, 100 percent of the charges

13  for such electricity shall be exempt.

14

15  Notwithstanding any other provision in this paragraph to the

16  contrary, in order to receive the exemption provided in this

17  paragraph a taxpayer must register with the WAGES Program

18  Business Registry established by the local WAGES coalition for

19  the area in which the taxpayer is located.  Such registration

20  establishes a commitment on the part of the taxpayer to hire

21  WAGES program participants to the maximum extent possible

22  consistent with the nature of their business. In order to

23  determine whether the exemption provided in this paragraph

24  from the tax on charges for electricity has an effect on

25  retaining or attracting companies to this state, the Office of

26  Program Policy Analysis and Governmental Accountability shall

27  periodically monitor and report on the industries receiving

28  the exemption.  The first report shall be submitted no later

29  than January 1, 1997, and must be conducted in such a manner

30  as to specifically determine the number of companies within

31  each SIC Industry Major Group receiving the exemption as of

                                  23

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1  September 1, 1996, and the number of individuals employed by

  2  companies within each SIC Industry Major Group receiving the

  3  exemption as of September 1, 1996.  The second report shall be

  4  submitted no later than January 1, 2001, and must be

  5  comprehensive in scope, but, at a minimum, must be conducted

  6  in such a manner as to specifically determine the number of

  7  companies within each SIC Industry Major Group receiving the

  8  exemption as of September 1, 2000, the number of individuals

  9  employed by companies within each SIC Industry Major Group

10  receiving the exemption as of September 1, 2000, whether the

11  change, if any, in such number of companies or employees is

12  attributable to the exemption provided in this paragraph,

13  whether it would be sound public policy to continue or

14  discontinue the exemption, and the consequences of doing so.

15  Both reports shall be submitted to the President of the

16  Senate, the Speaker of the House of Representatives, the

17  Senate Minority Leader, and the House Minority Leader.

18         (jj)  Fair associations.--Also exempt from the tax

19  imposed by this chapter is the sale, use, lease, rental, or

20  grant of a license to use, made directly to or by a fair

21  association, of real or tangible personal property; any charge

22  made by a fair association, or its agents, for parking,

23  admissions, or for temporary parking of vehicles used for

24  sleeping quarters; rentals, subleases, and sublicenses of real

25  or tangible personal property between the owner of the central

26  amusement attraction and any owner of amusement devices and

27  amusement attractions, as those terms are used in ss.

28  616.15(1)(b) and 616.242(3)(a) and (i), for the furnishing of

29  amusement devices and amusement attractions at a public fair

30  or exposition; and other transactions of a fair association

31  which are incurred directly by the fair association in the

                                  24

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1  financing, construction, and operation of a fair, exposition,

  2  or other event or facility that is authorized by s. 616.08. As

  3  used in this paragraph, the terms "fair association" and

  4  "public fair or exposition" have the same meaning as those

  5  terms are defined in s. 616.001. This exemption does not apply

  6  to the sale of tangible personal property made by a fair

  7  association through an agent or independent contractor; sales

  8  of admissions and tangible personal property by a

  9  concessionaire, vendor, exhibitor, or licensee; or rentals and

10  subleases of tangible personal property or real property

11  between the owner of the central amusement attraction and a

12  concessionaire, vendor, exhibitor, or licensee, except for the

13  furnishing of amusement devices or amusement attractions,

14  which transactions are exempt.

15         (kk)  Citizen support organizations.--Beginning July 1,

16  1996, nonprofit organizations that are incorporated under

17  chapter 617 or hold a current exemption from federal corporate

18  income tax under s. 501(c)(3) of the Internal Revenue Code, as

19  amended, and that have been designated citizen support

20  organizations in support of state-funded environmental

21  programs or the management of state-owned lands in accordance

22  with s. 370.0205, or to support one or more state parks in

23  accordance with s. 258.015 are exempt from the tax imposed by

24  this chapter.

25         (ll)  Florida Folk Festival.--There shall be exempt

26  from the tax imposed by this chapter income of a revenue

27  nature received from admissions to the Florida Folk Festival

28  held pursuant to s. 267.16 at the Stephen Foster State Folk

29  Culture Center, a unit of the state park system.

30         (mm)  Solar energy systems.--Also exempt are solar

31  energy systems or any component thereof.  The Florida Solar

                                  25

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1  Energy Center shall from time to time certify to the

  2  department a list of equipment and requisite hardware

  3  considered to be a solar energy system or a component thereof.

  4  This exemption is repealed July 1, 2002.

  5         (nn)  Nonprofit cooperative hospital

  6  laundries.--Nonprofit organizations that are incorporated

  7  under chapter 617 and which are treated, for federal income

  8  tax purposes, as cooperatives under subchapter T of the

  9  Internal Revenue Code, whose sole purpose is to offer laundry

10  supplies and services to their members, which members must all

11  be exempt from federal income tax pursuant to s. 501(c)(3) of

12  the Internal Revenue Code, are exempt from the tax imposed by

13  this chapter.

14         (oo)  Complimentary meals.--Also exempt from the tax

15  imposed by this part are food or drinks that are furnished as

16  part of a packaged room rate by any person offering for rent

17  or lease any transient living accommodations as described in

18  s. 509.013(4)(a) which are licensed under part I of chapter

19  509 and which are subject to the tax under s. 212.03, if a

20  separate charge or specific amount for the food or drinks is

21  not shown. Such food or drinks are considered to be sold at

22  retail as part of the total charge for the transient living

23  accommodations. Moreover, the person offering the

24  accommodations is not considered to be the consumer of items

25  purchased in furnishing such food or drinks and may purchase

26  those items under conditions of a sale for resale.

27         (pp)  Nonprofit corporation conducting the correctional

28  work programs.--Products sold pursuant to s. 946.515 by the

29  corporation organized pursuant to part II of chapter 946 are

30  exempt from the tax imposed by this chapter. This exemption

31  applies retroactively to July 1, 1983.

                                  26

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1         (qq)  Racing dogs.--The sale of a racing dog by its

  2  owner is exempt if the owner is also the breeder of the

  3  animal.

  4

  5  Exemptions provided to any entity by this subsection shall not

  6  inure to any transaction otherwise taxable under this chapter

  7  when payment is made by a representative or employee of such

  8  entity by any means, including, but not limited to, cash,

  9  check, or credit card even when that representative or

10  employee is subsequently reimbursed by such entity.

11         Section 4.  Section 212.09, Florida Statutes, is

12  amended to read:

13         212.09  Trade-ins deducted.--

14         (1)  Where used articles, accepted and intended for

15  resale, are taken in trade, or a series of trades, as a credit

16  or part payment on the sale of new articles, the tax levied by

17  this chapter shall be paid on the sales price of the new

18  article, less the credit for the used article taken in trade.

19         (2)  Where used articles, accepted and intended for

20  resale, are taken in trade, or a series of trades, as a credit

21  or part payment on the sale of used articles, the tax levied

22  by this chapter shall be paid on the sales price of the used

23  article less the credit for the used article taken in trade.

24         (3)  A person who is not registered with the department

25  as a seller of aircraft, boats, mobile homes, or vehicles who

26  is selling an aircraft, boat, mobile home, or vehicle and who

27  takes in trade an item other than an aircraft, boat, mobile

28  home, or vehicle may not use the item as a credit against

29  sales price.

30         Section 5.  Section 212.17, Florida Statutes, is

31  amended to read:

                                  27

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1         212.17  Credits for returned goods, rentals, or

  2  admissions; goods acquired for dealer's own use and

  3  subsequently resold; additional powers of department.--

  4         (1)(a)  In the event purchases are returned to a the

  5  dealer by the purchaser or consumer after the tax imposed by

  6  this chapter has been collected from or charged to the account

  7  of the consumer or user, the dealer shall be entitled to

  8  reimbursement of the amount of tax collected or charged by the

  9  dealer, in the manner prescribed by the department.; and in

10  case

11         (b)  A registered dealer that purchases property for

12  the dealer's own use, pays tax on acquisition, and sells the

13  property subsequent to acquisition without ever having used

14  the property is entitled to reimbursement, in the manner

15  prescribed by the department, of the amount of tax paid on the

16  property's acquisition.

17         (c)  If the tax has not been remitted by a the dealer

18  to the department, the dealer may deduct the same in

19  submitting his or her return upon receipt of a signed

20  statement of the dealer as to the gross amount of such refunds

21  during the period covered by said signed statement, which

22  period shall not be longer than 90 days.  The department shall

23  issue to the dealer an official credit memorandum equal to the

24  net amount remitted by the dealer for such tax collected or

25  paid.  Such memorandum shall be accepted by the department at

26  full face value from the dealer to whom it is issued, in the

27  remittance for subsequent taxes accrued under the provisions

28  of this chapter. If; provided, in cases where a dealer has

29  retired from business and has filed a final return, a refund

30  of tax may be made if it can be established to the

31  satisfaction of the department that the tax was not due.

                                  28

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1         (2)  A dealer who has paid the tax imposed by this

  2  chapter on tangible personal property sold under a retained

  3  title, conditional sale, or similar contract, or under a

  4  contract wherein the dealer retains a security interest in the

  5  property pursuant to chapter 679, may take credit or obtain a

  6  refund for the tax paid by the dealer on the unpaid balance

  7  due him or her when he or she repossesses (with or without

  8  judicial process) the property within 12 months following the

  9  month in which the property was repossessed. When such

10  repossessed property is resold, the sale is subject in all

11  respects to the tax imposed by this chapter.

12         (3)  A dealer who has paid the tax imposed by this

13  chapter on tangible personal property or services may take a

14  credit or obtain a refund for any tax paid by the dealer on

15  the unpaid balance due on worthless accounts within 12 months

16  following the month in which the bad debt has been charged off

17  for federal income tax purposes.  If any accounts so charged

18  off for which a credit or refund has been obtained are

19  thereafter in whole or in part paid to the dealer, the amount

20  so paid shall be included in the first return filed after such

21  collection and the tax paid accordingly.

22         (4)  The department shall design, prepare, print and

23  furnish to all dealers, or make available to said dealers, all

24  necessary forms for filing returns and instructions to ensure

25  a full collection from dealers and an accounting for the taxes

26  due, but failure of any dealer to secure such forms shall not

27  relieve such dealer from the payment of said tax at the time

28  and in the manner herein provided.

29         (5)  The department and its assistants are hereby

30  authorized and empowered to administer the oath for the

31

                                  29

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1  purpose of enforcing and administering the provisions of this

  2  chapter.

  3         (6)  The department shall have the power to make,

  4  prescribe and publish reasonable rules and regulations not

  5  inconsistent with this chapter, or the other laws, or the

  6  constitution of this state, or the United States, for the

  7  enforcement of the provisions of this chapter and the

  8  collection of revenue hereunder, and such rules and

  9  regulations shall when enforced be deemed to be reasonable and

10  just.

11         (7)  The department, where admissions, license fees, or

12  rental payments or payments for services are made and

13  thereafter returned to the payers after the taxes thereon have

14  been paid, shall return or credit the taxpayer for taxes so

15  paid on the moneys returned in the same manner as is provided

16  for returns or credits of taxes where purchases or tangible

17  personal property are returnable to a dealer.

18         Section 6.  Subsection (3) of section 212.18, Florida

19  Statutes, is amended, and subsection (6) is added to that

20  section, to read:

21         212.18  Administration of law; registration of dealers;

22  rules.--

23         (3)(a)  Every person desiring to engage in or conduct

24  business in this state as a dealer, as defined in this

25  chapter, or to lease, rent, or let or grant licenses in living

26  quarters or sleeping or housekeeping accommodations in hotels,

27  apartment houses, roominghouses, or tourist or trailer camps

28  that are subject to tax under s. 212.03, or to lease, rent, or

29  let or grant licenses in real property, as defined in this

30  chapter, and every person who sells or receives anything of

31  value by way of admissions, must file with the department an

                                  30

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1  application for a certificate of registration for each place

  2  of business, showing the names of the persons who have

  3  interests in such business and their residences, the address

  4  of the business, and such other data as the department may

  5  reasonably require. However, itinerant merchants selling

  6  exclusively at flea markets may in lieu of registration remit

  7  tax on their sales to the registered flea market operator in

  8  the manner provided for in subsection (6) provided they fall

  9  below the threshold requirement for individual registration

10  specified in such subsection. The department may appoint the

11  county tax collector as the department's agent to accept

12  applications for registrations. The application must be made

13  to the department before the person, firm, copartnership, or

14  corporation may engage in such business, and it must be

15  accompanied by a registration fee of $5. However, a

16  registration fee is not required to accompany an application

17  to engage in or conduct business to make mail order sales. The

18  department, upon receipt of such application, will grant to

19  the applicant a separate certificate of registration for each

20  place of business, which certificate may be canceled by the

21  department or its designated assistants for any failure by the

22  certificateholder to comply with any of the provisions of this

23  chapter. The certificate is not assignable and is valid only

24  for the person, firm, copartnership, or corporation to which

25  issued. The certificate must be placed in a conspicuous place

26  in the business or businesses for which it is issued and must

27  be displayed at all times. Except as provided in this

28  paragraph, no person shall engage in business as a dealer or

29  in leasing, renting, or letting of or granting licenses in

30  living quarters or sleeping or housekeeping accommodations in

31  hotels, apartment houses, roominghouses, tourist or trailer

                                  31

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1  camps, or real property as hereinbefore defined, nor shall any

  2  person sell or receive anything of value by way of admissions,

  3  without first having obtained such a certificate or after such

  4  certificate has been canceled; no person shall receive any

  5  license from any authority within the state to engage in any

  6  such business without first having obtained such a certificate

  7  or after such certificate has been canceled. The engaging in

  8  the business of selling or leasing tangible personal property

  9  or services or as a dealer, as defined in this chapter, or the

10  engaging in leasing, renting, or letting of or granting

11  licenses in living quarters or sleeping or housekeeping

12  accommodations in hotels, apartment houses, roominghouses, or

13  tourist or trailer camps that are taxable under this chapter,

14  or real property, or the engaging in the business of selling

15  or receiving anything of value by way of admissions, without

16  such certificate first being obtained or after such

17  certificate has been canceled by the department, is

18  prohibited. The failure or refusal of any person, firm,

19  copartnership, or corporation to so qualify when required

20  hereunder is a misdemeanor of the first degree, punishable as

21  provided in s. 775.082 or s. 775.083, or subject to injunctive

22  proceedings as provided by law. Such failure or refusal also

23  subjects the offender to a $100 initial registration fee in

24  lieu of the $5 registration fee authorized in this paragraph.

25  However, the department may waive the increase in the

26  registration fee if it is determined by the department that

27  the failure to register was due to reasonable cause and not to

28  willful negligence, willful neglect, or fraud.

29         (b)  The department may revoke any dealer's certificate

30  of registration when the dealer fails to comply with this

31  chapter. Prior to revocation of a dealer's certificate of

                                  32

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1  registration, the department must schedule an informal

  2  conference at which the dealer may present evidence regarding

  3  the department's intended revocation or enter into a

  4  compliance agreement with the department. The department must

  5  notify the dealer of its intended action and the time, place,

  6  and date of the scheduled informal conference by written

  7  notification sent by U.S. mail to the dealer's last known

  8  address of record furnished by the dealer on a form prescribed

  9  by the department. The dealer is required to attend the

10  informal conference and present evidence refuting the

11  department's intended revocation or enter into a compliance

12  agreement with the department which resolves the dealer's

13  failure to comply with this chapter. The department shall

14  issue an administrative complaint under s. 120.60 if the

15  dealer fails to attend the department's informal conference,

16  fails to enter into a compliance agreement with the department

17  resolving the dealer's noncompliance with this chapter, or

18  fails to comply with the executed compliance agreement.

19         (c)(b)  As used in this paragraph, the term "exhibitor"

20  means a person who enters into an agreement authorizing the

21  display of tangible personal property or services at a

22  convention or a trade show.  The following provisions apply to

23  the registration of exhibitors as dealers under this chapter:

24         1.  An exhibitor whose agreement prohibits the sale of

25  tangible personal property or services subject to the tax

26  imposed in this chapter is not required to register as a

27  dealer.

28         2.  An exhibitor whose agreement provides for the sale

29  at wholesale only of tangible personal property or services

30  subject to the tax imposed in this chapter must obtain a

31

                                  33

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1  resale certificate from the purchasing dealer but is not

  2  required to register as a dealer.

  3         3.  An exhibitor whose agreement authorizes the retail

  4  sale of tangible personal property or services subject to the

  5  tax imposed in this chapter must register as a dealer and

  6  collect the tax imposed under this chapter on such sales.

  7         4.  Any exhibitor who makes a mail order sale pursuant

  8  to s. 212.0596 must register as a dealer.

  9

10  Any person who conducts a convention or a trade show must make

11  their exhibitor's agreements available to the department for

12  inspection and copying.

13         (6)(a)  Notwithstanding the requirements of subsection

14  (3), a flea market operator, manager, lessor, or owner shall:

15         1.  Register with the Department of Revenue. Only one

16  tax number is required for each flea market business location.

17  The flea market operator, manager, lessor, or owner shall

18  remit the tax collected on the space rentals and the tax

19  collected from unregistered flea market vendors under this

20  number monthly, unless otherwise notified.

21         2.  Collect tax on all space rentals from flea market

22  vendors and remit it to the department. The amount of tax

23  shall be separately stated from the rental charge and must be

24  shown as Florida tax on any rental agreement, invoice, or

25  other tangible evidence that authorizes the use of the rental

26  space.

27         3.a.  Obtain from each unregistered flea market vendor

28  a signed statement declaring that the unregistered flea market

29  vendor agrees to collect the applicable tax on his or her

30  sales and remit it to the flea market operator, manager,

31  lessor, or owner at the close of each business day. The

                                  34

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1  statement shall include both the permanent business address,

  2  if applicable, and the residence address of the flea market

  3  vendor. These documents shall be retained for a period of 5

  4  years. Records of taxes collected and remitted shall be

  5  retained for the period specified in s. 213.35. The flea

  6  market operator, manager, lessor, or owner is not responsible

  7  for the failure of the flea market vendor to properly collect,

  8  remit, and account for the sales tax.

  9         b.  Provide each unregistered flea market vendor with a

10  sign no smaller than 8" x 10" with lettering at least 1" high,

11  which must be displayed in a conspicuous place at the stall or

12  other place of sale by the vendor and which reads as follows:

13         "Name of vendor" is duly authorized to collect

14         Florida sales tax for remittance by the flea

15         market operator to the Department of Revenue.

16         c.  Furnish unregistered flea market vendors with tax

17  envelopes so that the unregistered vendor can record the daily

18  sales transactions and remit the taxes collected and due to

19  the flea market operator, manager, lessor, or owner. The

20  department may adopt necessary rules to prescribe the format

21  for the tax envelopes.

22         4.a.  Obtain from each registered flea market vendor a

23  photocopy of the vendor's Certificate of Registration or, in

24  lieu thereof, a statement from the registered vendor attesting

25  that the vendor has a valid Certificate of Registration. The

26  statement should contain the registration number and the

27  effective date the number was issued and should be signed by

28  the vendor. These documents shall be retained for a period of

29  5 years.

30         b.  Provide each registered flea market vendor with a

31  sign no smaller than 8" x 10" with lettering at least 1" high,

                                  35

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1  which must be displayed in a conspicuous place at the stall or

  2  other place of sale by the vendor and which reads as follows:

  3         "Name of vendor" is duly authorized to collect

  4         and remit Florida sales tax to the Department

  5         of Revenue.

  6         (b)  A flea market operator, manager, lessor, or owner

  7  may refuse to lease space to any flea market vendor who fails

  8  to provide the documents required under subparagraph (a)3. or

  9  subparagraph (a)4.

10         (c)  A flea market operator, manager, lessor, or owner

11  is required to remit the sales tax collected from each

12  unregistered flea market vendor when the vendor has collected

13  and remitted the tax to the flea market operator, manager,

14  lessor, or owner at the same time and on the same tax return

15  as required for the space rentals. Flea market vendors with an

16  estimated monthly sales tax liability of $50 or greater must

17  register with the department and report their own taxes. Flea

18  market vendors with an estimated monthly sales tax liability

19  of less than $50 must elect to either remit the tax to the

20  flea market operator, manager, lessor, or owner or to

21  register, report, and remit their own taxes. Taxes collected

22  become state funds at the moment of collection. Any person

23  who, with intent to unlawfully deprive or defraud the state of

24  its moneys or the use or benefit thereof, fails to remit taxes

25  collected pursuant to chapter 212 is guilty of theft of state

26  funds, punishable as provided in s. 775.082, s. 775.083, or s.

27  775.084.

28         (d)  A flea market operator, manager, lessor, or owner

29  shall furnish and post signs at each entrance of the flea

30  market and in other conspicuous places throughout the flea

31  market area. Such signs must state that "Florida Law Requires

                                  36

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






    Florida Senate - 1998                           CS for SB 1692
    301-2073-98




  1  Sales Tax To Be Collected On All Taxable Sales." The signs

  2  shall have lettering at least 3 inches high.

  3         Section 7.  This act shall take effect July 1, 1998.

  4

  5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  6                             SB 1692

  7

  8  As used in chapter 212, the committee substitute provides
    definitions for "agricultural commodity" to include
  9  aquaculture, "farmer" to include apiarists and persons raising
    fish, and "livestock" to include fish raised for commercial
10  purposes, as well as, all animals raised for commercial
    purposes other than for sale as a pet.
11
    Implements the current rule requirement that the sales tax
12  exemption for purchases by exempt organizations may only be
    taken when payment is made directly by the exempt organization
13  and not by employees or other representatives who are later
    reimbursed.
14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  37