House Bill 4779e1

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                                          HB 4779, First Engrossed



  1                      A bill to be entitled

  2         An act relating to taxation; amending s.

  3         72.011, F.S.; providing for adoption of

  4         procedures for notifying a taxpayer of an

  5         assessment or denial of a refund; amending s.

  6         194.035, F.S.; providing for appointment of

  7         special masters to take testimony and make

  8         recommendations on questions of valuation and

  9         law and providing requirements for such

10         appointments; amending s. 193.075, F.S.;

11         specifying conditions under which recreational

12         vehicles shall be taxed as real property;

13         providing that recreational vehicles that do

14         not meet these conditions and do not have a

15         current license plate are presumed to be

16         tangible personal property; amending s.

17         197.162, F.S.; providing for application of

18         discount rates for early payment of taxes with

19         respect to corrected tax notices or notices

20         resulting from value adjustment board action;

21         amending s. 197.182, F.S.; providing that

22         overpayments of $5 or less may be retained by

23         the tax collector unless the taxpayer makes a

24         refund claim; providing for automatic refund of

25         certain overpayments; providing for notice to

26         the property owner of a delinquency resulting

27         from certain refunds; amending s. 197.243,

28         F.S.; excluding boarders and renters from the

29         meaning of "household" under the Homestead

30         Property Tax Deferral Act; amending s. 197.252,

31         F.S.; providing for calculating estimated full


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                                          HB 4779, First Engrossed



  1         year's household income under the act; amending

  2         s. 197.253, F.S.; requiring the property

  3         appraiser to notify the tax collector with

  4         respect to homestead status; amending s.

  5         197.332, F.S.; specifying authority of tax

  6         collectors to collect interest and costs;

  7         amending s. 197.344, F.S.; providing

  8         requirements with respect to mailing of tax

  9         notices to specified persons other than the

10         taxpayer; including vendees of recorded

11         contracts for deeds; including such vendees and

12         lienholders in persons who may receive

13         information concerning delinquent taxes;

14         amending s. 197.413, F.S.; authorizing

15         inclusion of costs of advertising delinquent

16         personal property taxes in such taxes; amending

17         s. 197.432, F.S.; providing payment

18         requirements for persons who bid on tax

19         certificates; creating s. 197.4325, F.S.;

20         providing procedures when a check received by

21         the tax collector for payment of taxes or tax

22         certificates is dishonored; providing

23         requirements with respect to forfeiture of a

24         bidder's deposit; amending s. 197.443, F.S.;

25         providing for assessment of advertising costs

26         in connection with void tax certificates;

27         providing procedures when a tax certificate

28         holder requests the certificate be canceled

29         with no refund; amending s. 197.542, F.S.;

30         providing that the clerk of the circuit court

31         may refuse to recognize certain bids at sales


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                                          HB 4779, First Engrossed



  1         of lands at public auction; amending s.

  2         199.052, F.S.; specifying when a trust or a

  3         portion thereof has Florida situs for purposes

  4         of intangible personal property tax; amending

  5         s. 212.02, F.S.; revising definitions for

  6         purposes of the tax on sales, use, and other

  7         transactions; revising standards for excluding

  8         certain packaging materials and providing that

  9         a separate charge for packaging materials is

10         considered part of the sales price or rental

11         charge when determining applicability of tax;

12         specifying federal excise taxes that are and

13         are not included in "sales price"; providing

14         that "use" does not include certain loan of an

15         automobile for high school driver education;

16         defining "itinerant merchant," "flea market

17         operator, manager, lessor, or owner,"

18         "agricultural commodity," "farmer," and

19         "livestock"; amending s. 212.03, F.S.; revising

20         application of the exemption from transient

21         rental tax for certain trailer parks and

22         similar facilities; providing duties of owners

23         of such facilities regarding determination of

24         taxable status; amending s. 212.031, F.S.,

25         relating to the tax on the lease or rental of

26         or license in real property; providing for

27         exemption of a portion of property leased or

28         rented by a residential facility for the aged;

29         exempting certain utility charges paid by a

30         tenant; specifying taxable status of charges

31         paid by a lessee to cancel a lease agreement;


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                                          HB 4779, First Engrossed



  1         amending s. 212.04, F.S., relating to the tax

  2         on admissions; providing standards for

  3         determining taxability of components of

  4         packages sold by travel agents; exempting entry

  5         fees for participants in certain sports events

  6         when spectators are charged a taxable

  7         admission; amending s. 212.05, F.S.; including

  8         certain noncorporate entities as nonresident

  9         purchasers qualified for the exemption for the

10         sale of boats or airplanes and specifying who

11         may be deemed a dealer for such exemption;

12         providing that certain aircraft may be returned

13         to this state for repairs under certain

14         conditions without incurring tax liability;

15         providing taxability of property originally

16         purchased tax-exempt for use for lease which is

17         converted to the owner's own use; providing

18         guidelines for application of tax to the lease

19         or rental of motor vehicles; providing

20         application of tax to newspapers; specifying

21         when inserts are a component part of newspapers

22         or magazines; providing liability of florists

23         for tax; providing taxability of prizes awarded

24         by concessionaires; amending s. 212.0506, F.S.,

25         relating to taxation of service warranties;

26         providing authority of the Department of

27         Revenue when taxable and nontaxable portions of

28         the consideration are not apportioned in good

29         faith; providing for exemption of certain

30         materials and supplies used in performance of a

31         warranty; amending s. 212.0515, F.S., relating


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                                          HB 4779, First Engrossed



  1         to taxation of sales from vending machines;

  2         providing for application to sales of items

  3         other than food or beverages; specifying the

  4         tax rate when the operator cannot account for

  5         each type of item sold; specifying that a

  6         separate registration certificate is required

  7         for each county where machines are located;

  8         excluding certain persons from eligibility for

  9         a reward for reporting violations; exempting

10         certain vending machines owned and operated by

11         nonprofit organizations; amending s. 212.054,

12         F.S., which provides for administration of

13         discretionary sales surtaxes; providing for

14         application of surtaxes in the case of vessels,

15         railroads, and motor vehicle common carriers

16         partially exempt under s. 212.08, F.S.;

17         amending s. 212.0598, F.S.; providing for

18         determining an air carrier's mileage

19         apportionment factor during its initial year of

20         operation; amending s. 212.06, F.S.; revising

21         provisions relating to application of tax to

22         persons who manufacture tangible personal

23         property for their own use; authorizing the

24         department to establish a cost price amount for

25         industry groups engaged in such manufacture in

26         performance of contracts for improvements to

27         real property and providing requirements with

28         respect thereto; including taxes on services in

29         the exemption for taxes paid in other

30         jurisdictions; specifying effect of registering

31         a motor vehicle in this state; providing for


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                                          HB 4779, First Engrossed



  1         application of use tax to aircraft purchased by

  2         registered dealers for resale; defining "real

  3         property," "fixtures," and "improvements to

  4         real property" for purposes of determining if a

  5         person is improving real property; providing

  6         for determining the taxable basis for rock,

  7         fill, and similar materials used by a

  8         contractor in a real property improvement

  9         contract; providing application of tax to use

10         by a publisher of a newspaper or other

11         periodical of copies for his or her own

12         consumption or to give away; amending s.

13         212.07, F.S.; providing dealer liability for

14         tax in certain cases where the purchaser does

15         not extend a required certificate; providing

16         for applicability of tax to sales of race

17         horses at claiming races; repealing s.

18         212.07(8), F.S., which defines "agricultural

19         commodity"; amending s. 212.08, F.S.; revising

20         the exemption for food and drinks; providing

21         definitions; revising the exemption for medical

22         products and supplies and providing additional

23         exemptions; providing a definition; providing

24         that the partial exemption for farm equipment

25         includes equipment for fire prevention and

26         suppression; providing conditions under which

27         said exemption is disallowed; providing

28         requirements with respect to the exemption for

29         water; providing that the basis for imposition

30         of discretionary sales surtaxes on fuel used in

31         interstate or foreign commerce and vessels,


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                                          HB 4779, First Engrossed



  1         railroads, and motor vehicle common carriers

  2         engaged in such commerce shall be as provided

  3         in s. 212.054, F.S.; revising the exemption for

  4         items used for agricultural purposes; providing

  5         that paint color cards and other samples are

  6         exempt; providing for rules to determine when a

  7         sale is a taxable sale to a government

  8         contractor; revising application of the

  9         exemption for school books and lunches;

10         providing for payment of tax on certain

11         school-related items purchased by

12         parent-teacher associations and organizations,

13         schools, and others; providing for purchases of

14         certain items by mobile home lot developers as

15         a sale for resale; providing that certain

16         amounts paid to a dealer by the Veterans

17         Administration are not taxable; providing an

18         exemption for certain foods, drinks, and other

19         items provided to customers on a complimentary

20         basis by a dealer who sells food products at

21         retail; providing an exemption for foods and

22         beverages donated by such dealers to certain

23         organizations; providing an exemption for

24         certain sales of racing dogs; providing that

25         exemptions provided to an entity under s.

26         212.08(7), F.S., shall not inure to

27         transactions when payment is made by a

28         representative or employee of the entity;

29         providing that the partial exemption for

30         vessels engaged in interstate or foreign

31         commerce includes commercial fishing vessels;


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                                          HB 4779, First Engrossed



  1         providing that certain aircraft purchased by

  2         nonresidents may be returned to this state for

  3         repairs under certain conditions without

  4         incurring tax liability; providing membership

  5         requirements for the technical assistance

  6         advisory committee established to provide

  7         advice in determining taxability of foods and

  8         medicines; amending s. 212.09, F.S.; providing

  9         requirements and restrictions with respect to

10         articles taken in trade; amending s. 212.17,

11         F.S.; providing for reimbursement of taxes paid

12         on property purchased for a dealer's own use

13         and subsequently sold; amending s. 212.18,

14         F.S.; providing registration requirements for

15         owners and operators of vending machines or

16         newspaper rack machines, certain independent

17         sellers, and itinerant merchants selling at

18         flea markets; authorizing the department to

19         waive the increased registration fee under

20         certain circumstances; providing procedures and

21         requirements for revocation of a dealer's

22         registration; requiring the dealer to attend an

23         informal conference; providing duties of flea

24         market operators, managers, lessors, or owners

25         regarding registration, collection of tax on

26         space rentals, obtaining information from

27         vendors, furnishing certain notices and tax

28         envelopes, and remitting tax; requiring certain

29         vendors to register as dealers; requiring

30         unregistered vendors to remit taxes to the flea

31         market operator, manager, lessor, or owner;


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                                          HB 4779, First Engrossed



  1         providing a penalty; amending s. 213.21, F.S.;

  2         authorizing the department to use informal

  3         conferences for resolving disputes relating to

  4         denial of refunds; specifying when closing

  5         agreements must be in writing; amending s.

  6         213.22, F.S.; providing that a technical

  7         assistance advisement relating to exemptions in

  8         s. 212.08(1) or (2), F.S., may be issued at any

  9         time; amending s. 220.222, F.S.; specifying

10         when a taxpayer is not in compliance with

11         requirements relating to payments of tentative

12         corporate income tax in connection with the

13         granting of extensions; amending s. 624.515,

14         F.S., which provides for regulatory assessments

15         on fire insurance premiums; authorizing the

16         department to establish by rule percentages of

17         fire insurance within a line of insurance under

18         certain circumstances; amending s. 896.102,

19         F.S.; authorizing the department to adopt rules

20         to administer and enforce requirements relating

21         to reports of currency more than $10,000

22         received in trade or business; providing an

23         effective date.

24

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

26

27         Section 1.  Paragraph (b) of subsection (2) of section

28  72.011, Florida Statutes, is amended to read:

29         72.011  Jurisdiction of circuit courts in specific tax

30  matters; administrative hearings and appeals; time for

31  commencing action; parties; deposits.--


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                                          HB 4779, First Engrossed



  1         (2)

  2         (b)  The date on which an assessment or a denial of

  3  refund becomes final and procedures a procedure by which a

  4  taxpayer must be notified of the assessment or of the denial

  5  of refund must be established:

  6         1.  By rule adopted by the Department of Revenue;

  7         2.  With respect to assessments or refund denials under

  8  chapter 207, by rule adopted by the Department of Highway

  9  Safety and Motor Vehicles;

10         3.  With respect to assessments or refund denials under

11  chapters 210, 550, 561, 562, 563, 564, and 565, by rule

12  adopted by the Department of Business and Professional

13  Regulation; or

14         4.  With respect to taxes that a county collects or

15  enforces under s. 125.0104(10) or s. 212.0305(5), by an

16  ordinance that may additionally provide for informal dispute

17  resolution procedures in accordance with s. 213.21.

18         Section 2.  Subsection (1) of section 194.035, Florida

19  Statutes, is amended to read:

20         194.035  Special masters; property evaluators.--

21         (1)  The board is authorized to appoint special

22  masters, with regard to questions of both valuation and law,

23  for the purpose of taking testimony and making recommendations

24  to the board, which recommendations the board may act upon

25  without further hearing.  Such special masters may not be

26  elected or appointed officials or employees of the county but

27  shall be selected from a list of those qualified individuals

28  who are willing to serve as special masters.  The clerk of the

29  board shall annually notify such individuals or their

30  professional associations to make known to them that

31  opportunities to serve as special masters exist.  A special


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                                          HB 4779, First Engrossed



  1  master making recommendations on questions of law must shall

  2  be either a member of The Florida Bar and knowledgeable in the

  3  area of ad valorem taxation, and a special master making

  4  recommendations on questions of valuation must be or a

  5  designated member of a professionally recognized real estate

  6  appraisers' organization and have not less than 5 years'

  7  experience in property valuation.  A special master need not

  8  be a resident of the county in which he or she serves.  No

  9  special master shall be permitted to represent a person before

10  the board in any tax year during which he or she has served

11  that board as a special master.  The board shall appoint such

12  masters from the list so compiled prior to convening of the

13  board.  The expense of hearings before special masters and any

14  compensation of special masters shall be borne three-fifths by

15  the board of county commissioners and two-fifths by the school

16  board.

17         Section 3.  Subsections (3) and (4) are added to

18  section 193.075, Florida Statutes, to read:

19         193.075  Mobile homes and recreational vehicles.--

20         (3)  A recreational vehicle shall be taxed as real

21  property if the owner of the recreational vehicle is also the

22  owner of the land on which the vehicle is permanently affixed.

23  A recreational vehicle shall be considered permanently affixed

24  if it is connected to the normal and usual utilities and if it

25  is tied down or it is attached or affixed in such a way that

26  it cannot be removed without material or substantial damage to

27  the recreational vehicle. Except when the mode of attachment

28  or affixation is such that the recreational vehicle cannot be

29  removed without material or substantial damage to the

30  recreational vehicle or the real property, the intent of the

31  owner to make the recreational vehicle permanently affixed


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                                          HB 4779, First Engrossed



  1  shall be determinative. A recreational vehicle that is taxed

  2  as real property shall be issued an "RP" series sticker as

  3  provided in s. 320.0815.

  4         (4)  A recreational vehicle that is not taxed as real

  5  property shall have a current license plate properly affixed

  6  as provided in s. 320.08(9). Any such recreational vehicle

  7  without a current license plate properly affixed shall be

  8  presumed to be tangible personal property.

  9         Section 4.  Section 197.162, Florida Statutes, is

10  amended to read:

11         197.162  Discounts; amount and time.--On all taxes

12  assessed on the county tax rolls and collected by the county

13  tax collector, discounts for early payment thereof shall be at

14  the rate of 4 percent in the month of November or at any time

15  within 30 days after the mailing of the original tax notice; 3

16  percent in the month of December; 2 percent in the following

17  month of January; 1 percent in the following month of

18  February; and zero percent in the following month of March or

19  within 30 days prior to the date of delinquency if the date of

20  delinquency is after April 1. When a taxpayer makes a request

21  to have the original tax notice corrected, the discount rate

22  for early payment applicable at the time the request for

23  correction is made shall apply for 30 days after the mailing

24  of the corrected tax notice. A discount shall apply at the

25  rate of 4 percent for 30 days after the mailing of a tax

26  notice resulting from the action of a value adjustment board.

27  Thereafter, the regular discount periods shall apply. For the

28  purposes of this section, when a discount period ends on a

29  Saturday, Sunday, or legal holiday, the discount period shall

30  be extended to the next working day, if payment is delivered

31  to a designated collection office of the tax collector.


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                                          HB 4779, First Engrossed



  1         Section 5.  Paragraph (b) of subsection (1) and

  2  subsection (3) of section 197.182, Florida Statutes, are

  3  amended to read:

  4         197.182  Department of Revenue to pass upon and order

  5  refunds.--

  6         (1)

  7         (b)  Those refunds which have been ordered by a court

  8  and those refunds which do not result from changes made in the

  9  assessed value on a tax roll certified to the tax collector

10  shall be made directly by the tax collector without order from

11  the department and shall be made from undistributed funds

12  without approval of the various taxing authorities.

13  Overpayments in the amount of $5 or less may be retained by

14  the tax collector unless a written claim for a refund is

15  received from the taxpayer. Overpayments over $5 resulting

16  from taxpayer error, if determined within the 4-year period of

17  limitation, are to be automatically refunded to the taxpayer.

18  Such refunds do not require approval from the department.

19         (3)  A refund ordered by the department pursuant to

20  this section shall be made by the tax collector in one

21  aggregate amount composed of all the pro rata shares of the

22  several taxing authorities concerned, except that a partial

23  refund is allowed when one or more of the taxing authorities

24  concerned do not have funds currently available to pay their

25  pro rata shares of the refund and this would cause an

26  unreasonable delay in the total refund.  A statement by the

27  tax collector explaining the refund shall accompany the refund

28  payment. When taxes become delinquent as a result of a refund

29  pursuant to subparagraph (1)(a)4., the tax collector shall

30  notify the property owner that the taxes have become

31  delinquent and that a tax certificate will be sold if the


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                                          HB 4779, First Engrossed



  1  taxes are not paid within 30 days after the date of

  2  delinquency.

  3         Section 6.  Subsection (1) of section 197.243, Florida

  4  Statutes, is amended to read:

  5         197.243  Definitions.--

  6         (1)  "Household" means a person or group of persons

  7  living together in a room or group of rooms as a housing unit,

  8  but does not include persons boarding in or renting a portion

  9  of the dwelling.

10         Section 7.  Paragraph (c) of subsection (2) of section

11  197.252, Florida Statutes, is amended to read:

12         197.252  Homestead tax deferral.--

13         (2)

14         (c)  The household income of an applicant who applies

15  for a tax deferral before the end of the calendar year in

16  which the taxes and non-ad valorem assessments are assessed

17  shall be for the current year, adjusted to reflect estimated

18  income for the full calendar year period. The estimate of a

19  full year's household income shall be made by multiplying the

20  household income received to the date of application by a

21  fraction, the numerator being 365 and the denominator being

22  the number of days expired in the calendar year to the date of

23  application.

24         Section 8.  Subsection (7) is added to section 197.253,

25  Florida Statutes, to read:

26         197.253  Homestead tax deferral; application.--

27         (7)  The property appraiser shall promptly notify the

28  tax collector of denials of homestead application and changes

29  in ownership of properties that have been granted a tax

30  deferral.

31


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                                          HB 4779, First Engrossed



  1         Section 9.  Section 197.332, Florida Statutes, is

  2  amended to read:

  3         197.332  Duties of tax collectors.--The tax collector

  4  has the authority and obligation to collect all taxes as shown

  5  on the tax roll by the date of delinquency or to collect

  6  delinquent taxes, interest, and costs, by sale of tax

  7  certificates on real property and by seizure and sale of

  8  personal property. The tax collector shall be allowed to

  9  collect reasonable attorney's fees and court costs in actions

10  on proceedings to recover delinquent taxes, interest, and

11  costs.

12         Section 10.  Subsections (1) and (2) of section

13  197.344, Florida Statutes, are amended to read:

14         197.344  Lienholders; receipt of notices and delinquent

15  taxes.--

16         (1)  When requested in writing, a tax notice shall be

17  mailed according to the following procedures:

18         (a)  Upon request by any taxpayer aged 60 or over, the

19  tax collector shall mail the tax notice to a third party

20  designated by the taxpayer.  A duplicate copy of the notice

21  shall be mailed to the taxpayer.

22         (b)  Upon request by a mortgagee stating that the

23  mortgagee is the trustee of an escrow account for ad valorem

24  taxes due on the property, the tax notice shall be mailed to

25  such trustee.  When the original tax notice is mailed to such

26  trustee, the tax collector shall mail a duplicate notice to

27  the owner of the property with the additional statement that

28  the original has been sent to the trustee.

29         (c)  Upon request by a vendee of an unrecorded or

30  recorded contract for deed, the tax collector shall mail a

31  duplicate notice to such vendee.


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                                          HB 4779, First Engrossed



  1

  2  The tax collector may establish cutoff dates, periods for

  3  updating the list, and any other reasonable requirements to

  4  ensure that the tax notices are mailed to the proper party on

  5  time.

  6         (2)  On or before May 1 of each year, the holder or

  7  mortgagee of an unsatisfied mortgage, lienholder, or vendee

  8  under a contract for deed, upon filing with the tax collector

  9  a description of land so encumbered by a recorded mortgage and

10  paying a service charge of $2, may request and receive

11  information concerning any delinquent taxes appearing on the

12  current tax roll and certificates issued on the described

13  mortgaged land. Upon receipt of such request, the tax

14  collector shall furnish the following information to the

15  mortgagee within 60 days following the tax certificate sale:

16         (a)  The description of property on which certificates

17  were sold as requested by the mortgagee.

18         (b)  The number of each certificate issued and to whom.

19         (c)  The face amount of each certificate.

20         (d)  The cost for redemption of each certificate.

21         Section 11.  Subsection (1) of section 197.413, Florida

22  Statutes, is amended to read:

23         197.413  Delinquent personal property taxes; warrants;

24  court order for levy and seizure of personal property;

25  seizure; fees of tax collectors.--

26         (1)  Prior to May 1 of each year immediately following

27  the year of assessment, the tax collector shall prepare a list

28  of the unpaid personal property taxes containing the names and

29  addresses of the taxpayers and the property subject to the tax

30  as the same appear on the tax roll. Prior to April 30 of the

31  next year, the tax collector shall prepare warrants against


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                                          HB 4779, First Engrossed



  1  the delinquent taxpayers providing for the levy upon, and

  2  seizure of, tangible personal property. The cost of

  3  advertising delinquent tax shall be added to the delinquent

  4  taxes at the time of advertising. The tax collector is not

  5  required to issue warrants if delinquent taxes are less than

  6  $50. However, such taxes shall remain due and payable.

  7         Section 12.  Subsection (6) of section 197.432, Florida

  8  Statutes, is amended to read:

  9         197.432  Sale of tax certificates for unpaid taxes.--

10         (6)  The tax collector shall require immediate payment

11  of a reasonable deposit from any person who wishes to bid for

12  a tax certificate to whom a certificate may be struck off, and

13  the failure to pay such deposit shall cause the bid to be

14  canceled. A person who fails or refuses to pay any bid made

15  by, or on behalf of, him or her is not entitled to bid or have

16  any other bid accepted or enforced by the tax collector until

17  a new deposit of 100 percent of the amount of estimated

18  purchases has been paid to the tax collector. When tax

19  certificates are ready for issuance, the tax collector shall

20  notify each person to whom a certificate was struck off that

21  the certificate is ready for issuance and payment must be made

22  within 48 hours from the mailing of such notice or the deposit

23  shall be forfeited and the bid canceled.  In any event,

24  payment shall be made before delivery of the certificate by

25  the tax collector.

26         Section 13.  Section 197.4325, Florida Statutes, is

27  created to read:

28         197.4325  Procedure when checks received for payment of

29  taxes or tax certificates are dishonored.--

30         (1)(a)  Within 10 days after a check received by the

31  tax collector for payment of taxes is dishonored, the tax


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                                          HB 4779, First Engrossed



  1  collector shall notify the maker of the check that the check

  2  has been dishonored. The tax collector shall cancel the

  3  official receipt issued for the dishonored check and shall

  4  make an entry on the tax roll that the receipt was canceled

  5  because of a dishonored check. Where practicable, the tax

  6  collector shall make a reasonable effort to collect the moneys

  7  due before canceling the receipt.

  8         (b)  The tax collector shall retain a copy of the

  9  canceled tax receipt and the dishonored check for the period

10  of time required by law.

11         (2)(a)  When a check received by the tax collector for

12  the purchase of a tax certificate is dishonored and the

13  certificate has not been delivered to the bidder, the tax

14  collector shall retain the deposit and resell the tax

15  certificate. If the certificate has been delivered to the

16  bidder, the tax collector shall notify the department, and,

17  upon approval by the department, the certificate shall be

18  canceled and resold.

19         (b)  When a bidder's deposit is forfeited the tax

20  collector shall retain the deposit and resell the tax

21  certificate.

22         1.  If the tax certificate sale has adjourned, the tax

23  collector shall readvertise the tax certificate to be resold.

24  When the bidder's deposit is forfeited and the certificate is

25  readvertised, the deposit shall be used to pay the advertising

26  fees before other costs or charges are imposed. Any portion of

27  the bidder's forfeit deposit that remains after advertising

28  and other costs or charges have been paid shall be deposited

29  by the tax collector into his or her official office account.

30  If the tax collector fails to require a deposit and tax

31  certificates are resold, the advertising charges required for


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                                          HB 4779, First Engrossed



  1  the second sale shall not be added to the face value of the

  2  tax certificate.

  3         2.  If the tax certificate sale has not been adjourned,

  4  the tax collector shall add the certificates to be resold to

  5  the sale list and continue the sale until all tax certificates

  6  are sold.

  7         Section 14.  Subsection (2) of section 197.443, Florida

  8  Statutes, is amended to read:

  9         197.443  Cancellation of void tax certificates;

10  correction of tax certificates; procedure.--

11         (2)(a)  The holder of a tax certificate who pays,

12  redeems, or causes to be corrected or to be canceled and

13  surrendered by any other tax certificates, or pays any

14  subsequent and omitted taxes or costs, in connection with the

15  foreclosure of a tax certificate or tax deed, and when such

16  other certificates or such subsequent and omitted taxes are

17  void or corrected for any reason, the person paying,

18  redeeming, or causing to be corrected or to be canceled and

19  surrendered the other tax certificates or paying the other

20  subsequent and omitted taxes is entitled to obtain the return

21  of the amount paid therefor.

22         (b)  The county officer or taxing authority, as the

23  case may be, which causes an error that results in the

24  issuance of a void tax certificate shall be charged for the

25  costs of advertising incurred in the sale of the tax

26  certificate.

27         (c)  When the owner of a tax certificate requests that

28  the certificate be canceled for any reason but does not seek a

29  refund, the tax collector shall cancel the tax certificate and

30  a refund shall not be processed. The tax collector shall

31  require the owner of the tax certificate to execute a written


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                                          HB 4779, First Engrossed



  1  statement that he or she is the holder of the tax certificate,

  2  that he or she wishes the certificate to be canceled, and that

  3  a refund is not expected and is not to be made.

  4         Section 15.  Subsection (1) of section 197.542, Florida

  5  Statutes, is amended to read:

  6         197.542  Sale at public auction.--

  7         (1)  The lands advertised for sale to the highest

  8  bidder as a result of an application filed under s. 197.502

  9  shall be sold at public auction by the clerk of the circuit

10  court, or his or her deputy, of the county where the lands are

11  located on the date, at the time, and at the location as set

12  forth in the published notice, which shall be during the

13  regular hours the clerk's office is open.  At the time and

14  place, the clerk shall read the notice of sale and shall offer

15  the lands described in the notice for sale to the highest

16  bidder for cash at public outcry. The amount required to

17  redeem the tax certificate, plus the amounts paid by the

18  holder to the clerk of the circuit court in charges for costs

19  of sale, redemption of other tax certificates on the same

20  lands, and all other costs to the applicant for tax deed, plus

21  interest thereon at the rate of 1.5 percent per month for the

22  period running from the month after the date of application

23  for the deed through the month of sale and costs incurred for

24  the service of notice provided for in s. 197.522(2), shall be

25  considered the bid of the certificateholder for the property.

26  However, if the land to be sold is assessed on the latest tax

27  roll as homestead property, the bid of the certificateholder

28  shall be increased to include an amount equal to one-half of

29  the assessed value of the homestead property as required by s.

30  197.502.  If there are no higher bids, the land shall be

31  struck off and sold to the certificateholder.  If there are


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                                          HB 4779, First Engrossed



  1  other bids, the certificateholder shall have the right to bid

  2  as others present may bid, and the property shall be struck

  3  off and sold to the highest bidder. The clerk may refuse to

  4  recognize the bid of any person who has previously bid and

  5  refused, for any reason, to honor such bid.

  6         Section 16.  Subsection (5) of section 199.052, Florida

  7  Statutes, is amended to read:

  8         199.052  Annual tax returns; payment of annual tax.--

  9         (5)  The trustee of a Florida-situs trust is primarily

10  responsible for returning the trust's intangible personal

11  property and paying the annual tax on it.

12         (a)  A trust has a Florida situs when:

13         1.  All trustees are residents of the state; or

14         2.  There are three or more trustees sharing equally in

15  the ownership, management, or control of the trust's

16  intangible property, and the majority of the trustees are

17  residents of this state; or

18         3.  Trustees are both residents and nonresidents and

19  management or control of the trust is with the Florida

20  trustee.

21         (b)  When trustees are both residents and nonresidents,

22  and management or control is with an out-of-state trustee, the

23  trust does not have a Florida situs and no return is necessary

24  by the Florida trustee.

25         (c)  A portion of the trust has Florida situs when

26  there are two trustees, one a resident of this state and one a

27  nonresident, and they share equally in the ownership,

28  management, or control of the trust's intangible property. The

29  tax on such property shall be based on the value apportioned

30  between them.

31


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                                          HB 4779, First Engrossed



  1         (d)  If there is more than one trustee in the state,

  2  only one tax return for the trust must be filed.

  3         (e)  The trust's beneficiaries, however, may

  4  individually return their equitable shares of the trust's

  5  intangible personal property and pay the tax on such shares,

  6  in which case the trustee need not return such property or pay

  7  such tax, although the department may require the trustee to

  8  file an informational return.

  9         Section 17.  Paragraph (c) of subsection (14) and

10  subsections (16) and (20) of section 212.02, Florida Statutes,

11  are amended, and subsections (27), (28), (29), (30), and (31)

12  are added to said section, to read:

13         212.02  Definitions.--The following terms and phrases

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

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

16  different meaning:

17         (14)

18         (c)  "Retail sales," "sale at retail," "use,"

19  "storage," and "consumption" do not include materials,

20  containers, labels, sacks, or bags, or similar items intended

21  to accompany a product sold to a customer without which

22  delivery of the product would be impracticable because of the

23  character of the contents, and intended to be used one time

24  only for packaging tangible personal property for sale or for

25  the convenience of the customer or for packaging in the

26  process of providing a service taxable under this chapter.

27  When a separate charge for packaging materials is made, the

28  charge shall be considered part of the sales price or rental

29  charge for purposes of determining the applicability of tax.

30  The terms also and do not include the sale, use, storage, or

31  consumption of industrial materials, including chemicals and


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                                          HB 4779, First Engrossed



  1  fuels except as provided herein, for future processing,

  2  manufacture, or conversion into articles of tangible personal

  3  property for resale when such industrial materials, including

  4  chemicals and fuels except as provided herein, become a

  5  component or ingredient of the finished product. However, the

  6  said terms include the sale, use, storage, or consumption of

  7  tangible personal property, including machinery and equipment

  8  or parts thereof, purchased electricity, and fuels used to

  9  power machinery, when such said items are used and dissipated

10  in fabricating, converting, or processing tangible personal

11  property for sale, even though they may become ingredients or

12  components of the tangible personal property for sale through

13  accident, wear, tear, erosion, corrosion, or similar means.

14         (16)  "Sales price" means the total amount paid for

15  tangible personal property, including any services that are a

16  part of the sale, valued in money, whether paid in money or

17  otherwise, and includes any amount for which credit is given

18  to the purchaser by the seller, without any deduction

19  therefrom on account of the cost of the property sold, the

20  cost of materials used, labor or service cost, interest

21  charged, losses, or any other expense whatsoever.  "Sales

22  price" also includes the consideration for a transaction which

23  requires both labor and material to alter, remodel, maintain,

24  adjust, or repair tangible personal property. Trade-ins or

25  discounts allowed and taken at the time of sale shall not be

26  included within the purview of this subsection. "Sales price"

27  also includes the full face value of any coupon used by a

28  purchaser to reduce the price paid to a retailer for an item

29  of tangible personal property; where the retailer will be

30  reimbursed for such coupon, in whole or in part, by the

31  manufacturer of the item of tangible personal property; or


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                                          HB 4779, First Engrossed



  1  whenever it is not practicable for the retailer to determine,

  2  at the time of sale, the extent to which reimbursement for the

  3  coupon will be made. "Sales price" does not include federal

  4  excise taxes imposed upon the retailer on the sale of tangible

  5  personal property. "Sales price" does include federal

  6  manufacturers' excise taxes, even if the federal tax is listed

  7  as a separate item on the invoice.

  8         (20)  "Use" means and includes the exercise of any

  9  right or power over tangible personal property incident to the

10  ownership thereof, or interest therein, except that it does

11  not include the sale at retail of that property in the regular

12  course of business. "Use" does not include the loan of an

13  automobile by a motor vehicle dealer to a high school for use

14  in its driver education and safety program.

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

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

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

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

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

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

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

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

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

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

25  Flea market vendors are included within this definition.

26  However, "itinerant merchant" does not mean any person who

27  occasionally sells tangible personal property from his or her

28  place of residence, if the person does not hold himself or

29  herself out as engaged in business and if the person does not

30  conduct more than two sales events per calendar year.

31


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                                          HB 4779, First Engrossed



  1         (28)  "Flea market operator, manager, lessor, or owner"

  2  means any person who provides space to flea market vendors.

  3         (29)  "Agricultural commodity" means horticultural,

  4  aquacultural, poultry, and farm products, and livestock and

  5  livestock products.

  6         (30)  "Farmer" means a person directly engaged in the

  7  business of producing crops, livestock, or other agricultural

  8  commodities. The term includes, but is not limited to, horse

  9  breeders, nurserymen, dairymen, poultrymen, cattle ranchers,

10  apiarists, and persons raising fish.

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

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

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

14  commercial purposes. "Livestock" also includes fish raised for

15  commercial purposes.

16         Section 18.  Paragraph (c) of subsection (7) of section

17  212.03, Florida Statutes, is amended to read:

18         212.03  Transient rentals tax; rate, procedure,

19  enforcement, exemptions.--

20         (7)

21         (c)  The rental of facilities, as defined in s.

22  212.02(10)(f), which are intended primarily for rental as a

23  principal or permanent place of residence is exempt from the

24  tax imposed by this chapter.  The rental of such facilities

25  that primarily serve transient guests is not exempt by this

26  subsection. In the application of this law, or in making any

27  determination against the exemption, the department shall

28  consider the facility as primarily serving transient guests

29  unless the facility owner makes a verified declaration on a

30  form prescribed by the department that more than half of the

31  total rental units available are occupied by tenants who have


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                                          HB 4779, First Engrossed



  1  a continuous residence in excess of 3 months. The owner of a

  2  facility declared to be exempt by this paragraph must make a

  3  determination of the taxable status of the facility at the end

  4  of the owner's accounting year using any consecutive 3-month

  5  period. The owner must use a selected consecutive 3-month

  6  period during each annual redetermination. In the event that

  7  an exempt facility no longer qualifies for exemption by this

  8  paragraph, the owner must notify the department on a form

  9  prescribed by the department by the 20th day of the first

10  month of the owner's next succeeding accounting year that the

11  facility no longer qualifies for such exemption. The tax

12  levied by this section shall apply to the rental of facilities

13  that no longer qualify for exemption under this paragraph

14  beginning the first day of the owner's next succeeding

15  accounting year. This paragraph does not apply to mobile home

16  lots regulated under chapter 723.

17         Section 19.  Paragraph (b) of subsection (1) of section

18  212.031, Florida Statutes, is amended, and subsections (7) and

19  (8) are added to said section, to read:

20         212.031  Lease or rental of or license in real

21  property.--

22         (1)

23         (b)  When a lease involves multiple use of real

24  property wherein a part of the real property is subject to the

25  tax herein, and a part of the property would be excluded from

26  the tax under subparagraph (a)1., subparagraph (a)2., or

27  subparagraph (a)3., the department shall determine, from the

28  lease or license and such other information as may be

29  available, that portion of the total rental charge which is

30  exempt from the tax imposed by this section. The portion of

31  the premises leased or rented by a for-profit entity providing


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                                          HB 4779, First Engrossed



  1  a residential facility for the aged is exempt on the basis of

  2  a pro rata portion calculated by combining the square footage

  3  of the areas used for residential units by the aged and for

  4  the care of such residents and dividing the resultant sum by

  5  the total square footage of the rented premises. For purposes

  6  of this section, a "residential facility for the aged" is a

  7  facility that is licensed or certified in whole or in part

  8  under chapter 400 or chapter 651; or that provides residences

  9  to the elderly and is financed by a mortgage or loan made or

10  insured by the United States Department of Housing and Urban

11  Development under s. 202, s. 202 with a s. 8 subsidy, s.

12  221(d)(3) or (4), s. 232, or s. 236 of the National Housing

13  Act; or other such similar facility which provides residences

14  primarily for the elderly.

15         (7)  Utility charges subject to sales tax which are

16  paid by a tenant to the lessor and which are part of a payment

17  for the privilege or right to use or occupy real property are

18  exempt from tax if the lessor has paid sales tax on the

19  purchase of such utilities and the charges billed by the

20  lessor to the tenant are separately stated and at the same or

21  a lower price than those paid by the lessor.

22         (8)  Charges by lessors to a lessee to cancel or

23  terminate a lease agreement are presumed taxable if the lessor

24  records such charges as rental income in its books and

25  records. This presumption can be overcome by the provision of

26  sufficient documentation by either the lessor or the lessee

27  that such charges were other than for the rental of real

28  property.

29         Section 20.  Paragraph (d) of subsection (1) and

30  paragraph (a) of subsection (2) of section 212.04, Florida

31  Statutes, are amended to read:


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                                          HB 4779, First Engrossed



  1         212.04  Admissions tax; rate, procedure, enforcement.--

  2         (1)

  3         (d)  No additional tax is due on components an

  4  admission if the admission is incorporated as part of a

  5  package sold by a travel agent; if the package includes two or

  6  more components such as admissions, and transient rentals,

  7  transportation, or meals; if all of the components were

  8  purchased by the travel agent from other parties and any sales

  9  tax due on such purchases was paid; and if there is no

10  separate itemization of the admission, transient rental,

11  transportation, or meal, or other components in the sales

12  price of the package.  This paragraph does not apply if the

13  actual price charged for a component the admission by the

14  dealer to a travel agent is less than the price charged to

15  unrelated parties under normal industry practices and the

16  dealer and the travel agent are members of the same controlled

17  group of corporations for federal income tax purposes.

18         (2)(a)1.  No tax shall be levied on admissions to

19  athletic or other events sponsored by elementary schools,

20  junior high schools, middle schools, high schools, community

21  colleges, public or private colleges and universities, deaf

22  and blind schools, facilities of the youth services programs

23  of the Department of Children and Family Services, and state

24  correctional institutions when only student, faculty, or

25  inmate talent is used. However, this exemption shall not apply

26  to admission to athletic events sponsored by an institution

27  within the State University System, and the proceeds of the

28  tax collected on such admissions shall be retained and used by

29  each institution to support women's athletics as provided in

30  s. 240.533(3)(c).

31


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                                          HB 4779, First Engrossed



  1         2.a.  No tax shall be levied on dues, membership fees,

  2  and admission charges imposed by not-for-profit sponsoring

  3  organizations. To receive this exemption, the sponsoring

  4  organization must qualify as a not-for-profit entity under the

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

  6  1954, as amended.

  7         b.  No tax imposed by this section and not actually

  8  collected before August 1, 1992, shall be due from any museum

  9  or historic building owned by any political subdivision of the

10  state.

11         3.  No tax shall be levied on an admission paid by a

12  student, or on the student's behalf, to any required place of

13  sport or recreation if the student's participation in the

14  sport or recreational activity is required as a part of a

15  program or activity sponsored by, and under the jurisdiction

16  of, the student's educational institution, provided his or her

17  attendance is as a participant and not as a spectator.

18         4.  No tax shall be levied on admissions to the

19  National Football League championship game.

20         5.  A participation fee or sponsorship fee imposed by a

21  governmental entity as described in s. 212.08(6) for an

22  athletic or recreational program is exempt when the

23  governmental entity by itself, or in conjunction with an

24  organization exempt under s. 501(c)(3) of the Internal Revenue

25  Code of 1954, as amended, sponsors, administers, plans,

26  supervises, directs, and controls the athletic or recreational

27  program.

28         6.  Also exempt from the tax imposed by this section to

29  the extent provided in this subparagraph are admissions to

30  live theater, live opera, or live ballet productions in this

31  state which are sponsored by an organization that has received


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                                          HB 4779, First Engrossed



  1  a determination from the Internal Revenue Service that the

  2  organization is exempt from federal income tax under s.

  3  501(c)(3) of the Internal Revenue Code of 1954, as amended, if

  4  the organization actively participates in planning and

  5  conducting the event, is responsible for the safety and

  6  success of the event, is organized for the purpose of

  7  sponsoring live theater, live opera, or live ballet

  8  productions in this state, has more than 10,000 subscribing

  9  members and has among the stated purposes in its charter the

10  promotion of arts education in the communities which it

11  serves, and will receive at least 20 percent of the net

12  profits, if any, of the events which the organization sponsors

13  and will bear the risk of at least 20 percent of the losses,

14  if any, from the events which it sponsors if the organization

15  employs other persons as agents to provide services in

16  connection with a sponsored event. Prior to March 1 of each

17  year, such organization may apply to the department for a

18  certificate of exemption for admissions to such events

19  sponsored in this state by the organization during the

20  immediately following state fiscal year. The application shall

21  state the total dollar amount of admissions receipts collected

22  by the organization or its agents from such events in this

23  state sponsored by the organization or its agents in the year

24  immediately preceding the year in which the organization

25  applies for the exemption. Such organization shall receive the

26  exemption only to the extent of $1.5 million multiplied by the

27  ratio that such receipts bear to the total of such receipts of

28  all organizations applying for the exemption in such year;

29  however, in no event shall such exemption granted to any

30  organization exceed 6 percent of such admissions receipts

31  collected by the organization or its agents in the year


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                                          HB 4779, First Engrossed



  1  immediately preceding the year in which the organization

  2  applies for the exemption. Each organization receiving the

  3  exemption shall report each month to the department the total

  4  admissions receipts collected from such events sponsored by

  5  the organization during the preceding month and shall remit to

  6  the department an amount equal to 6 percent of such receipts

  7  reduced by any amount remaining under the exemption. Tickets

  8  for such events sold by such organizations shall not reflect

  9  the tax otherwise imposed under this section.

10         7.  Also exempt from the tax imposed by this section

11  are entry fees for participation in freshwater fishing

12  tournaments.

13         8.  Also exempt from the tax imposed by this section

14  are participation or entry fees charged to participants in a

15  game, race, or other sport or recreational event if spectators

16  are charged a taxable admission to such event.

17         Section 21.  Paragraphs (a), (b), (c), and (h) of

18  subsection (1) of section 212.05, Florida Statutes, are

19  amended, and paragraphs (m) and (n) are added to said

20  subsection, to read:

21         212.05  Sales, storage, use tax.--It is hereby declared

22  to be the legislative intent that every person is exercising a

23  taxable privilege who engages in the business of selling

24  tangible personal property at retail in this state, including

25  the business of making mail order sales, or who rents or

26  furnishes any of the things or services taxable under this

27  chapter, or who stores for use or consumption in this state

28  any item or article of tangible personal property as defined

29  herein and who leases or rents such property within the state.

30

31


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                                          HB 4779, First Engrossed



  1         (1)  For the exercise of such privilege, a tax is

  2  levied on each taxable transaction or incident, which tax is

  3  due and payable as follows:

  4         (a)1.a.  At the rate of 6 percent of the sales price of

  5  each item or article of tangible personal property when sold

  6  at retail in this state, computed on each taxable sale for the

  7  purpose of remitting the amount of tax due the state, and

  8  including each and every retail sale.

  9         b.  Each occasional or isolated sale of an aircraft,

10  boat, mobile home, or motor vehicle of a class or type which

11  is required to be registered, licensed, titled, or documented

12  in this state or by the United States Government shall be

13  subject to tax at the rate provided in this paragraph. The

14  department shall by rule adopt any nationally recognized

15  publication for valuation of used motor vehicles as the

16  reference price list for any used motor vehicle which is

17  required to be licensed pursuant to s. 320.08(1), (2), (3)(a),

18  (b), (c), or (e), or (9).  If any party to an occasional or

19  isolated sale of such a vehicle reports to the tax collector a

20  sales price which is less than 80 percent of the average loan

21  price for the specified model and year of such vehicle as

22  listed in the most recent reference price list, the tax levied

23  under this paragraph shall be computed by the department on

24  such average loan price unless the parties to the sale have

25  provided to the tax collector an affidavit signed by each

26  party, or other substantial proof, stating the actual sales

27  price.  Any party to such sale who reports a sales price less

28  than the actual sales price is guilty of a misdemeanor of the

29  first degree, punishable as provided in s. 775.082 or s.

30  775.083.  The department shall collect or attempt to collect

31  from such party any delinquent sales taxes.  In addition, such


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                                          HB 4779, First Engrossed



  1  party shall pay any tax due and any penalty and interest

  2  assessed plus a penalty equal to twice the amount of the

  3  additional tax owed.  Notwithstanding any other provision of

  4  law, the Department of Revenue may waive or compromise any

  5  penalty imposed pursuant to this subparagraph.

  6         2.  This paragraph does not apply to the sale of a boat

  7  or airplane by or through a registered dealer under this

  8  chapter to a purchaser who, at the time of taking delivery, is

  9  a nonresident of this state, does not make his or her

10  permanent place of abode in this state, and is not engaged in

11  carrying on in this state any employment, trade, business, or

12  profession in which the boat will be used in this state, or is

13  a corporation none of the officers or directors of which is a

14  resident of, or makes his or her permanent place of abode in,

15  this state, or is a noncorporate entity which has no

16  individual vested with authority to participate in the

17  management, direction, or control of the entity's affairs who

18  is a resident of, or makes his or her permanent place of abode

19  in, this state. For purposes of this exemption, either a

20  registered dealer acting on his or her own behalf as seller, a

21  registered dealer acting as broker on behalf of a seller, or a

22  registered dealer acting as broker on behalf of the purchaser

23  may be deemed to be the selling dealer. This exemption shall

24  not be allowed unless:

25         a.  The purchaser removes a qualifying boat, as

26  described in sub-subparagraph f., from the state within 90

27  days after the date of purchase or the purchaser removes a

28  nonqualifying boat or an airplane from this state within 10

29  days after the date of purchase or, when the boat or airplane

30  is repaired or altered, within 20 days after completion of the

31  repairs or alterations;


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                                          HB 4779, First Engrossed



  1         b.  The purchaser, within 30 days from the date of

  2  departure, shall provide the department with written proof

  3  that the purchaser licensed, registered, titled, or documented

  4  the boat or airplane outside the state. If such written proof

  5  is unavailable, within 30 days the purchaser shall provide

  6  proof that the purchaser applied for such license, title,

  7  registration, or documentation.  The purchaser shall forward

  8  to the department proof of title, license, registration, or

  9  documentation upon receipt.

10         c.  The purchaser, within 10 days of removing the boat

11  or airplane from Florida, shall furnish the department with

12  proof of removal in the form of receipts for fuel, dockage,

13  slippage, tie-down, or hangaring from outside of Florida.  The

14  information so provided must clearly and specifically identify

15  the boat or aircraft;

16         d.  The selling dealer, within 5 days of the date of

17  sale, shall provide to the department a copy of the sales

18  invoice, closing statement, bills of sale, and the original

19  affidavit signed by the purchaser attesting that he or she has

20  read the provisions of this section;

21         e.  The seller makes a copy of the affidavit a part of

22  his or her record for as long as required by s. 213.35; and

23         f.  Unless the nonresident purchaser of a boat of 5 net

24  tons of admeasurement or larger intends to remove the boat

25  from this state within 10 days after the date of purchase or

26  when the boat is repaired or altered, within 20 days after

27  completion of the repairs or alterations, the nonresident

28  purchaser shall apply to the selling dealer for a decal which

29  authorizes 90 days after the date of purchase for removal of

30  the boat.  The department is authorized to issue decals in

31  advance to dealers.  The number of decals issued in advance to


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                                          HB 4779, First Engrossed



  1  a dealer shall be consistent with the volume of the dealer's

  2  past sales of boats which qualify under this sub-subparagraph.

  3  The selling dealer or his or her agent shall mark and affix

  4  the decals to qualifying boats in the manner prescribed by the

  5  department, prior to delivery of the boat.

  6         (I)  The department is hereby authorized to charge

  7  dealers a fee sufficient to recover the costs of decals

  8  issued.

  9         (II)  The proceeds from the sale of decals will be

10  deposited into the administrative trust fund.

11         (III)  Decals shall display information to identify the

12  boat as a qualifying boat under this sub-subparagraph,

13  including, but not limited to, the decal's date of expiration.

14         (IV)  The department is authorized to require dealers

15  who purchase decals to file reports with the department and

16  may prescribe all necessary records by rule. All such records

17  are subject to inspection by the department.

18         (V)  Any dealer or his or her agent who issues a decal

19  falsely, fails to affix a decal, mismarks the expiration date

20  of a decal, or fails to properly account for decals will be

21  considered prima facie to have committed a fraudulent act to

22  evade the tax and will be liable for payment of the tax plus a

23  mandatory penalty of 200 percent of the tax, and shall be

24  liable for fine and punishment as provided by law for a

25  conviction of a misdemeanor of the first degree, as provided

26  in s. 775.082 or s. 775.083.

27         (VI)  Any nonresident purchaser of a boat who removes a

28  decal prior to permanently removing the boat from the state,

29  or defaces, changes, modifies, or alters a decal in a manner

30  affecting its expiration date prior to its expiration, or who

31  causes or allows the same to be done by another, will be


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                                          HB 4779, First Engrossed



  1  considered prima facie to have committed a fraudulent act to

  2  evade the tax and will be liable for payment of the tax plus a

  3  mandatory penalty of 200 percent of the tax, and shall be

  4  liable for fine and punishment as provided by law for a

  5  conviction of a misdemeanor of the first degree, as provided

  6  in s. 775.082 or s. 775.083.

  7         (VII)  The department is authorized to adopt rules

  8  necessary to administer and enforce this subparagraph and to

  9  publish the necessary forms and instructions.

10         (VIII)  The department is hereby authorized to adopt

11  emergency rules pursuant to s. 120.54(4) to administer and

12  enforce the provisions of this subparagraph.

13

14  If the purchaser fails to remove the qualifying boat from this

15  state within 90 days after purchase or a nonqualifying boat or

16  an airplane from this state within 10 days after purchase or,

17  when the boat or airplane is repaired or altered, within 20

18  days after completion of such repairs or alterations, or

19  permits the boat or airplane to return to this state within 6

20  months from the date of departure, or if the purchaser fails

21  to furnish the department with any of the documentation

22  required by this subparagraph within the prescribed time

23  period, the purchaser shall be liable for use tax on the cost

24  price of the boat or airplane and, in addition thereto,

25  payment of a penalty to the Department of Revenue equal to the

26  tax payable.  This penalty shall be in lieu of the penalty

27  imposed by s. 212.12(2) and is mandatory and shall not be

28  waived by the department.  The 90-day period following the

29  sale of a qualifying boat tax exempt to a nonresident may not

30  be tolled for any reason. Notwithstanding other provisions of

31  this paragraph to the contrary, an aircraft purchased in this


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                                          HB 4779, First Engrossed



  1  state under the provisions of this paragraph may be returned

  2  to this state for repairs within 6 months after the date of

  3  its departure without being in violation of the law and

  4  without incurring liability for the payment of tax or penalty

  5  on the purchase price of the aircraft if the aircraft is

  6  removed from this state within 20 days after the completion of

  7  the repairs and if such removal can be demonstrated by

  8  invoices for fuel, tie-down, hangar charges issued by

  9  out-of-state vendors or suppliers, or similar documentation.

10         (b)  At the rate of 6 percent of the cost price of each

11  item or article of tangible personal property when the same is

12  not sold but is used, consumed, distributed, or stored for use

13  or consumption in this state; however, for tangible property

14  originally purchased exempt from tax for use exclusively for

15  lease and which is converted to the owner's own use, tax may

16  be paid on the fair market value of the property at the time

17  of conversion. If the fair market value of the property cannot

18  be determined, use tax at the time of conversion shall be

19  based on the owner's acquisition cost. Under no circumstances

20  may the aggregate amount of sales tax from leasing the

21  property and use tax due at the time of conversion be less

22  than the total sales tax that would have been due on the

23  original acquisition cost paid by the owner.

24         (c)  At the rate of 6 percent of the gross proceeds

25  derived from the lease or rental of tangible personal

26  property, as defined herein; however, the following special

27  provisions apply to the lease or rental of motor vehicles:

28         1.  When a motor vehicle is leased or rented for a

29  period of less than 12 months:

30

31


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                                          HB 4779, First Engrossed



  1         a.  If the motor vehicle is rented in Florida, the

  2  entire amount of such rental is taxable, even if the vehicle

  3  is dropped off in another state.

  4         b.  If the motor vehicle is rented in another state and

  5  dropped off in Florida, the rental is exempt from Florida tax.

  6         2.  Except as provided in subparagraph 3., for the

  7  lease or rental of a motor vehicle for a period of not less

  8  than 12 months, sales tax is due on the lease or rental

  9  payments if the vehicle is registered in this state; however,

10  no tax shall be due if the taxpayer documents use of the motor

11  vehicle outside this state and tax is being paid on the lease

12  or rental payments in another state.

13         3.  The tax imposed by this chapter does not apply to ,

14  except the lease or rental of a commercial motor vehicle as

15  defined in s. 316.003(66)(a) to one lessee or rentee for a

16  period of not less than 12 months when tax was paid on the

17  purchase price acquisition of such vehicle by the lessor., To

18  the extent tax was paid with respect to the purchase of such

19  vehicle in another state, territory of the United States, or

20  the District of Columbia, the Florida tax payable shall be

21  reduced in accordance with the provisions of s. 212.06(7).

22  This subparagraph shall only be available when the lease or

23  rental of such property is an established business or part of

24  an established business or the same is incidental or germane

25  to such business.

26         (h)1.  At the rate of 6 percent on the retail price of

27  newspapers and magazines sold or used in Florida.

28         2.  Notwithstanding other provisions of this chapter,

29  inserts of printed materials which are distributed with a

30  newspaper or magazine are a component part of the newspaper or

31


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                                          HB 4779, First Engrossed



  1  magazine and neither the sale nor use of such inserts is

  2  subject to tax when:

  3         a.  Printed by a newspaper or magazine publisher or

  4  commercial printer and distributed as a component part of a

  5  newspaper or magazine, which means that the items after being

  6  printed are delivered directly to a newspaper or magazine

  7  publisher by the printer for inclusion in editions of the

  8  distributed newspaper or magazine;

  9         b.  Such publications are labeled as part of the

10  designated newspaper or magazine publication into which they

11  are to be inserted; and

12         c.  The purchaser of the insert presents a resale

13  certificate to the vendor stating that the inserts are to be

14  distributed as a component part of a newspaper or magazine.

15         (m)  Florists located in this state are liable for

16  sales tax on sales to retail customers regardless of where or

17  by whom the items sold are to be delivered. Florists located

18  in this state are not liable for sales tax on payments

19  received from other florists for items delivered to customers

20  in this state.

21         (n)  Operators of game concessions or other

22  concessionaires who customarily award tangible personal

23  property as prizes may, in lieu of paying tax on the cost

24  price of such property, pay tax on 25 percent of the gross

25  receipts from such concession activity.

26         Section 22.  Subsection (8) of section 212.0506,

27  Florida Statutes, is amended, subsection (10) is renumbered as

28  subsection (11), and a new subsection (10) is added to said

29  section, to read:

30         212.0506  Taxation of service warranties.--

31


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                                          HB 4779, First Engrossed



  1         (8)  If a transaction involves both the issuance of a

  2  service warranty which is subject to such tax and the issuance

  3  of a warranty, guaranty, extended warranty or extended

  4  guaranty, contract, agreement, or other written promise which

  5  is not subject to such tax, the consideration shall be

  6  separately identified and stated with respect to the taxable

  7  and nontaxable portions of the transaction. If the

  8  consideration is separately apportioned and identified in good

  9  faith, such tax shall apply to the transaction to the extent

10  that the consideration received or to be received in

11  connection with the transaction is payment for a service

12  warranty subject to such tax. If the consideration is not

13  apportioned in good faith, the department may reform the

14  contract. Such reformation by the department shall be

15  considered prima facie correct, and the burden to show the

16  contrary rests upon the dealer. If the consideration for such

17  a transaction is not separately identified and stated, the

18  entire transaction is taxable.

19         (10)  Materials and supplies used in the performance of

20  a factory or manufacturer's warranty are exempt if the

21  contract is furnished at no extra charge with the equipment

22  guaranteed thereunder and such materials and supplies are paid

23  for by the factory or manufacturer.

24         Section 23.  Subsections (1), (2), (3), and (6) of

25  section 212.0515, Florida Statutes, are amended to read:

26         212.0515  Sales from vending machines; sales to vending

27  machine operators; special provisions; registration; quarterly

28  reports; penalties.--

29         (1)  As used in this section:

30         (a)  "Vending machine" means a machine, operated by

31  coin, currency, credit card, slug, token, coupon, or similar


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                                          HB 4779, First Engrossed



  1  device, which dispenses food, beverages, or other or beverage

  2  items of tangible personal property.

  3         (b)  "Operator" means any person who possesses a

  4  vending machine for the purpose of generating sales through

  5  that machine and who maintains the inventory in and removes

  6  the receipts from that vending machine.

  7         (2)  Notwithstanding any other provision of law, the

  8  amount of the tax to be paid on food, beverages, or other and

  9  beverage items of tangible personal property that are sold in

10  vending machines shall be calculated by dividing the gross

11  receipts from such sales for the applicable reporting period

12  by a divisor, determined as provided in this subsection, to

13  compute gross taxable sales, and then subtracting gross

14  taxable sales from gross receipts to arrive at the amount of

15  tax due.  The divisor shall be equal to the sum of 1.0665 for

16  beverage items, or 1.0645 for food items, or 1.0659 for other

17  items of tangible personal property, except that for counties

18  with a 0.5 percent sales surtax rate the divisor shall be

19  equal to the sum of 1.0707 for beverages and other beverage

20  items of tangible personal property or 1.0686 for food items,

21  for counties with a 1 percent sales surtax rate the divisor

22  shall be equal to the sum of 1.0749 for beverages and other

23  beverage items of tangible personal property or 1.0726 for

24  food items, and for counties with a 1.5 percent sales surtax

25  rate the divisor shall be equal to the sum of 1.0791 for

26  beverages and other beverage items of tangible personal

27  property or 1.0767 for food items.  However, the amount of the

28  tax to be paid on natural fluid milk, homogenized milk,

29  pasteurized milk, whole milk, chocolate milk, or similar milk

30  products, natural fruit juices, or natural vegetable juices

31  shall be calculated using the divisor that is specified for


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                                          HB 4779, First Engrossed



  1  food items. If an operator cannot account for each type of

  2  item sold through a vending machine, the highest tax rate

  3  shall be used for all products sold through that machine.

  4         (3)(a)  An operator of a vending machine may not

  5  operate or cause to be operated in this state any vending

  6  machine until the operator has registered with the department,

  7  has obtained a separate registration certificate for each

  8  county in which such machines are located, and has affixed a

  9  notice to each vending machine selling food or beverages which

10  states the operator's name, address, and Federal Employer

11  Identification (FEI) number.  If the operator is not required

12  to have an FEI number, the notice shall include the operator's

13  sales tax registration number.  The notice must be

14  conspicuously displayed on the vending machine when it is

15  being operated in this state and shall contain the following

16  language in conspicuous type: NOTICE TO CUSTOMER:  FLORIDA LAW

17  REQUIRES THIS NOTICE TO BE POSTED ON ALL FOOD AND BEVERAGE

18  VENDING MACHINES. REPORT ANY MACHINE WITHOUT A NOTICE TO

19  (TOLL-FREE NUMBER).  YOU MAY BE ELIGIBLE FOR A CASH REWARD.

20         (b)  The department shall establish a toll-free number

21  to report any violations of this section.  Upon a

22  determination that a violation has occurred, the department

23  shall pay the informant a reward of up to 10 percent of

24  previously unpaid taxes recovered as a result of the

25  information provided. A person who receives information

26  concerning a violation of this section from an employee as

27  specified in s. 213.30 is not eligible for a cash reward.

28         (6)  The provisions of this section do not apply to

29  vending machines owned and operated by churches, or

30  synagogues, or nonprofit or charitable organizations exempt

31  pursuant to s. 212.08(7)(z).


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                                          HB 4779, First Engrossed



  1         Section 24.  Paragraph (b) of subsection (2) of section

  2  212.054, Florida Statutes, is amended to read:

  3         212.054  Discretionary sales surtax; limitations,

  4  administration, and collection.--

  5         (2)

  6         (b)  However:

  7         1.  The tax on any sales amount above $5,000 on any

  8  item of tangible personal property and on long-distance

  9  telephone service shall not be subject to the surtax.  For

10  purposes of administering the $5,000 limitation on an item of

11  tangible personal property, if two or more taxable items of

12  tangible personal property are sold to the same purchaser at

13  the same time and, under generally accepted business practice

14  or industry standards or usage, are normally sold in bulk or

15  are items that, when assembled, comprise a working unit or

16  part of a working unit, such items must be considered a single

17  item for purposes of the $5,000 limitation when supported by a

18  charge ticket, sales slip, invoice, or other tangible evidence

19  of a single sale or rental. The limitation provided in this

20  subparagraph does not apply to the sale of any other service.

21         2.  In the case of utility, telecommunication, or

22  television system program services billed on or after the

23  effective date of any such surtax, the entire amount of the

24  tax for utility, telecommunication, or television system

25  program services shall be subject to the surtax.  In the case

26  of utility, telecommunication, or television system program

27  services billed after the last day the surtax is in effect,

28  the entire amount of the tax on said items shall not be

29  subject to the surtax.

30         3.  In the case of written contracts which are signed

31  prior to the effective date of any such surtax for the


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                                          HB 4779, First Engrossed



  1  construction of improvements to real property or for

  2  remodeling of existing structures, the surtax shall be paid by

  3  the contractor responsible for the performance of the

  4  contract.  However, the contractor may apply for one refund of

  5  any such surtax paid on materials necessary for the completion

  6  of the contract.  Any application for refund shall be made no

  7  later than 15 months following initial imposition of the

  8  surtax in that county.  The application for refund shall be in

  9  the manner prescribed by the department by rule.  A complete

10  application shall include proof of the written contract and of

11  payment of the surtax.  The application shall contain a sworn

12  statement, signed by the applicant or its representative,

13  attesting to the validity of the application.  The department

14  shall, within 30 days after approval of a complete

15  application, certify to the county information necessary for

16  issuance of a refund to the applicant. Counties are hereby

17  authorized to issue refunds for this purpose and shall set

18  aside from the proceeds of the surtax a sum sufficient to pay

19  any refund lawfully due.  Any person who fraudulently obtains

20  or attempts to obtain a refund pursuant to this subparagraph,

21  in addition to being liable for repayment of any refund

22  fraudulently obtained plus a mandatory penalty of 100 percent

23  of the refund, is guilty of a felony of the third degree,

24  punishable as provided in s. 775.082, s. 775.083, or s.

25  775.084.

26         4.  In the case of any vessel, railroad, or motor

27  vehicle common carrier entitled to partial exemption from tax

28  imposed under this chapter pursuant to s. 212.08(4), (8), or

29  (9), the basis for imposition of surtax shall be the same as

30  provided in s. 212.08 and the ratio shall be applied each

31  month to total purchases in this state of property qualified


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                                          HB 4779, First Engrossed



  1  for proration which is delivered or sold in the taxing county

  2  to establish the portion used and consumed in intracounty

  3  movement and subject to surtax.

  4         Section 25.  Subsection (2) of section 212.0598,

  5  Florida Statutes, is amended to read:

  6         212.0598  Special provisions; air carriers.--

  7         (2)  The basis of the tax shall be the ratio of Florida

  8  mileage to total mileage as determined pursuant to chapter 220

  9  and this section.  The ratio shall be determined at the close

10  of the carrier's preceding fiscal year. However, during the

11  fiscal year in which the air carrier begins initial operations

12  in this state, the carrier may determine its mileage

13  apportionment factor based on an estimated ratio of

14  anticipated revenue miles in this state to anticipated total

15  revenue miles. In such cases, the air carrier shall pay

16  additional tax or apply for a refund based on the actual ratio

17  for that year. The applicable ratio shall be applied each

18  month to the carrier's total systemwide gross purchases of

19  tangible personal property and services otherwise taxable in

20  Florida. Additionally, the ratio shall be applied each month

21  to the carrier's total systemwide payments for the lease or

22  rental of, or license in, real property used by the carrier

23  substantially for aircraft maintenance if that carrier

24  employed, on average, during the previous calendar quarter in

25  excess of 3,000 full-time equivalent maintenance or repair

26  employees at one maintenance base that it leases, rents, or

27  has a license in, in this state. In all other instances, the

28  tax on real property leased, rented, or licensed by the

29  carrier shall be as provided in s. 212.031.

30         Section 26.  Paragraph (b) of subsection (1) of section

31  212.06, Florida Statutes, is amended, paragraph (d) is


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                                          HB 4779, First Engrossed



  1  redesignated as paragraph (e) and a new paragraph (d) is added

  2  to said subsection, subsections (7) and (10) are amended, and

  3  subsections (13), (14), (15), and (16) are added to said

  4  section, to read:

  5         212.06  Sales, storage, use tax; collectible from

  6  dealers; "dealer" defined; dealers to collect from purchasers;

  7  legislative intent as to scope of tax.--

  8         (1)

  9         (b)  Except as otherwise provided, any person who

10  manufactures, produces, compounds, processes, or fabricates in

11  any manner tangible personal property for his or her own use

12  shall pay a tax upon the cost of the product manufactured,

13  produced, compounded, processed, or fabricated without any

14  deduction therefrom on account of the cost of material used,

15  labor or service costs, or transportation charges, overhead

16  costs, or any other costs that are directly or indirectly

17  attributable to the manufacturing, producing, compounding,

18  processing, or fabricating of such tangible personal property

19  and which are properly chargeable to a capital account or to

20  the cost of the product under generally accepted cost

21  accounting standards; however, the cost of labor to

22  manufacture, produce, compound, process, or fabricate

23  expendable items of tangible personal property which are

24  directly used by such person in manufacturing, producing,

25  compounding, processing, or fabricating other tangible

26  personal property for sale or his or her own use is not

27  included in such taxable cost. notwithstanding the provisions

28  of s. 212.02 defining "cost price." However, the tax levied

29  under this paragraph shall not be imposed upon any person who

30  manufactures or produces electrical power or energy, steam

31  energy, or other energy at a single location, when such power


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                                          HB 4779, First Engrossed



  1  or energy is used directly and exclusively at such location,

  2  or at other locations if the energy is transferred through

  3  facilities of the owner in the operation of machinery or

  4  equipment that is used to manufacture, process, compound,

  5  produce, fabricate, or prepare for shipment tangible personal

  6  property for sale or to operate pollution control equipment,

  7  maintenance equipment, or monitoring or control equipment used

  8  in such operations.  The manufacture or production of

  9  electrical power or energy that is used for space heating,

10  lighting, office equipment, or air-conditioning or any other

11  nonmanufacturing, nonprocessing, noncompounding, nonproducing,

12  nonfabricating, or nonshipping activity is taxable. Electrical

13  power or energy consumed or dissipated in the transmission or

14  distribution of electrical power or energy for resale is also

15  not taxable.  Fabrication labor shall not be taxable when a

16  person is using his or her own equipment and personnel, for

17  his or her own account, as a producer, subproducer, or

18  coproducer of a qualified motion picture.  For purposes of

19  this chapter, the term "qualified motion picture" means all or

20  any part of a series of related images, either on film, tape,

21  or other embodiment, including, but not limited to, all items

22  comprising part of the original work and film-related products

23  derived therefrom as well as duplicates and prints thereof and

24  all sound recordings created to accompany a motion picture,

25  which is produced, adapted, or altered for exploitation in,

26  on, or through any medium or device and at any location,

27  primarily for entertainment, commercial, industrial, or

28  educational purposes.  A person who manufactures factory-built

29  buildings for his or her own use in the performance of

30  contracts for the construction or improvement of real property

31


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                                          HB 4779, First Engrossed



  1  shall pay a tax only upon the person's cost price of items

  2  used in the manufacture of such buildings.

  3         (d)  For purposes of paragraph (b), the department may

  4  establish a cost price amount for industry groups that

  5  manufacture, produce, compound, process, or fabricate tangible

  6  personal property for their own use in the performance of

  7  contracts for improvements to real property. Such cost price

  8  amount must be established as a percentage, rounded to the

  9  nearest whole number, of the total contract price charged for

10  the improvement. The cost price percentages established must

11  be adopted by rule pursuant to the procedures provided in s.

12  120.54, upon petition of a majority of the members of an

13  industry group or by a statewide association that represents

14  such industry group, and must be based on a reasonable

15  estimate of average costs incurred by members of the

16  petitioning industry group. The department is required to

17  adopt a cost price percentage only if sufficient information

18  is available to determine such percentage. The information

19  considered by the department to establish the cost price

20  percentage must be that set forth in the petition or that

21  which is otherwise made available to the department. Any cost

22  price percentage so established must be available only by

23  election of a member of the industry group for which the

24  percentage was established and shall apply only to such

25  periods or contracts for which the election is made. The

26  election must be made by the taxpayer by timely accruing and

27  remitting tax on the contract using the established percentage

28  figure. If the taxpayer does not timely accrue and remit the

29  use tax due for a contract using the percentage figure, the

30  taxpayer may not later use this method of calculating the use

31  tax due for that contract. Taxpayers must maintain adequate


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                                          HB 4779, First Engrossed



  1  records showing the accrual of tax using the percentage figure

  2  on actual cost price. Any cost price so established must

  3  remain available for use for a period of at least 5 years from

  4  the date of its adoption and must be reviewed and be subject

  5  to adjustment by the department no more frequently than at

  6  5-year intervals. The provisions of this paragraph are not

  7  available to persons subject to paragraph (c).

  8         (7)  The provisions of this chapter do not apply in

  9  respect to the use or consumption of tangible personal

10  property or services, or distribution or storage of tangible

11  personal property for use or consumption in this state, upon

12  which a like tax equal to or greater than the amount imposed

13  by this chapter has been lawfully imposed and paid in another

14  state, territory of the United States, or the District of

15  Columbia.  The proof of payment of such tax shall be made

16  according to rules and regulations of the department. If the

17  amount of tax paid in another state, territory of the United

18  States, or the District of Columbia is not equal to or greater

19  than the amount of tax imposed by this chapter, then the

20  dealer shall pay to the department an amount sufficient to

21  make the tax paid in the other state, territory of the United

22  States, or the District of Columbia and in this state equal to

23  the amount imposed by this chapter.

24         (10)  No title certificate may be issued on any boat,

25  mobile home, motor vehicle, or other vehicle, or, if no title

26  is required by law, no license or registration may be issued

27  for any boat, mobile home, motor vehicle, or other vehicle,

28  unless there is filed with such application for title

29  certificate or license or registration certificate a receipt,

30  issued by an authorized dealer or a designated agent of the

31  Department of Revenue, evidencing the payment of the tax


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                                          HB 4779, First Engrossed



  1  imposed by this chapter where the same is payable. A

  2  presumption of sales and use tax applicability is created if

  3  the motor vehicle is registered in this state.  For the

  4  purpose of enforcing this provision, all county tax collectors

  5  and all persons or firms authorized to sell or issue boat,

  6  mobile home, and motor vehicle licenses are hereby designated

  7  agents of the department and are required to perform such duty

  8  in the same manner and under the same conditions prescribed

  9  for their other duties by the constitution or any statute of

10  this state.  All transfers of title to boats, mobile homes,

11  motor vehicles, and other vehicles are taxable transactions,

12  unless expressly exempt under this chapter.

13         (13)  Registered aircraft dealers who purchase aircraft

14  exclusively for resale and do not pay sales tax on the

15  purchase price at the time of purchase shall pay a use tax

16  computed on 1 percent of the value of the aircraft each

17  calendar month that the aircraft is used by the dealer.

18  Payment of such tax shall commence in the month during which

19  the aircraft is first used for any purpose for which income is

20  received by the dealer. A dealer may pay the sales tax on the

21  purchase of the aircraft in lieu of the monthly use tax. The

22  value of the aircraft shall include its acquisition cost and

23  the cost of reconditioning that enhances the value of the

24  aircraft and shall generally be the value shown on the books

25  of the dealer in accordance with generally accepted accounting

26  principles. Notwithstanding the payment by the dealer of tax

27  computed on 1 percent of the value of any aircraft, if the

28  aircraft is leased or rented, the dealer shall collect from

29  the customer and remit the tax that is due on the lease or

30  rental of the aircraft; such payments do not diminish or

31  offset any use tax due from the dealer.


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                                          HB 4779, First Engrossed



  1         (14)  For the purpose of determining whether a person

  2  is improving real property:

  3         (a)  "Real property" means the land and improvements

  4  thereto and fixtures and is synonymous with the terms "realty"

  5  and "real estate."

  6         (b)  "Fixtures" means items that are an accessory to a

  7  building, other structure, or land and that do not lose their

  8  identity as accessories when installed but that do become

  9  permanently attached to realty. However, the term does not

10  include the following items, whether or not such items are

11  attached to real property in a permanent manner:  trade

12  fixtures; property of a type that is required to be

13  registered, licensed, titled, or documented by this state or

14  by the United States Government, including, but not limited

15  to, mobile homes, except mobile homes assessed as real

16  property; or machinery or equipment. For an item to be

17  considered a fixture, it is not necessary that the owner of

18  the item also own the real property to which it is attached.

19         (c)  "Improvements to real property" includes the

20  activities of building, erecting, constructing, altering,

21  improving, repairing, or maintaining real property.

22         (15)(a)  When a contractor secures rock, shell, fill

23  dirt, or similar materials from a location that he or she owns

24  or leases and uses such materials to fulfill a real property

25  improvement contract on the property of another person, the

26  contractor is the ultimate consumer of such materials and is

27  liable for use tax thereon. This paragraph does not apply to a

28  person who secures such materials from a location that he or

29  she owns for use on his or her own property. The basis upon

30  which the contractor shall remit the tax is the fair retail

31  market value determined by establishing either the price he or


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                                          HB 4779, First Engrossed



  1  she would have to pay for it on the open market or the price

  2  he or she would regularly charge if he or she sold it to other

  3  contractors or users.

  4         (b)  When a contractor does not own or lease the land

  5  but has entered into an agreement to purchase fill dirt, rock,

  6  shell, or similar materials for his or her own use and the

  7  contractor will excavate and remove the material, the taxable

  8  basis shall include the cost of the material plus all costs of

  9  clearing, excavating, and removing, including labor and all

10  other costs incurred by the contractor.

11         (c)  In lieu of the method described in paragraph (a)

12  for determining the taxable basis on rock, shell, fill dirt,

13  and similar materials a contractor uses in performing a

14  contract for the improvement of real property, the taxable

15  basis may be calculated as the land cost plus all costs of

16  clearing, excavating, and loading, including labor, power,

17  blasting, and similar costs.

18         (d)  No tax is applicable when the Department of

19  Transportation furnishes without charge the borrow materials

20  or the pits where materials are to be extracted for use on a

21  road contract.

22         (16)(a)  Notwithstanding other provisions of this

23  chapter, the use by the publisher of a newspaper, magazine, or

24  periodical of copies for his or her own consumption or to be

25  given away is taxable at the usual retail price thereof, if

26  any, or at the cost price.

27         (b)  For the purposes of this subsection, "cost price"

28  means the actual cost of printing of newspapers, magazines,

29  and other publications, without any deductions therefrom on

30  account of the cost of materials used, labor or services cost,

31  transportation charges, or other direct or indirect overhead


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                                          HB 4779, First Engrossed



  1  costs that are a part of printing costs of the property.

  2  However, the cost of labor to manufacture, produce, compound,

  3  process, or fabricate expendable items of tangible personal

  4  property which are directly used by such person in printing

  5  other tangible personal property for sale or for his or her

  6  own use is exempt. Authors' royalties, fees, or salaries,

  7  general overhead, and other costs not directly related to

  8  printing shall be deemed to be labor associated with

  9  manufacturing, producing, compounding, processing, or

10  fabricating expendable items.

11         Section 27.  Subsection (8) of section 212.07, Florida

12  Statutes, is repealed, paragraph (c) is added to subsection

13  (1) of said section, and subsection (5) of said section is

14  amended, to read:

15         212.07  Sales, storage, use tax; tax added to purchase

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

17  cannot prove payment of the tax; penalties; general

18  exemptions.--

19         (1)

20         (c)  Unless the purchaser of tangible personal property

21  that is incorporated into tangible personal property

22  manufactured, produced, compounded, processed, or fabricated

23  for his or her own use and subject to the tax imposed under s.

24  212.06(1)(b) or that is purchased for export under s.

25  212.06(5)(a)1. extends a certificate in compliance with the

26  rules of the department, the dealer shall be liable for and

27  pay the tax.

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

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

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

31  chapter provided such sales are made directly by the


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                                          HB 4779, First Engrossed



  1  producers.  The producers shall be entitled to such exemptions

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

  3  registered with a breeders' or registry association prior to

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

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

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

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

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

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

10  exemption does not apply to ornamental nursery stock offered

11  for retail sale by the producer.

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

13  taxable; however, if sufficient information is provided by

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

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

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

17  racing season.

18         Section 28.  Subsections (1), (2), (3), (6), (7), (9),

19  and (14), paragraph (a) of subsection (4), paragraph (a) of

20  subsection (8), and paragraph (d) of subsection (11) of

21  section 212.08, Florida Statutes, are amended, and paragraph

22  (a) of subsection (5) is amended and paragraph (k) is added to

23  said subsection, to read:

24         212.08  Sales, rental, use, consumption, distribution,

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

26  the rental, the use, the consumption, the distribution, and

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

28  following are hereby specifically exempt from the tax imposed

29  by this chapter.

30         (1)  EXEMPTIONS; GENERAL GROCERIES.--

31


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                                          HB 4779, First Engrossed



  1         (a)  Food products for human consumption are exempt

  2  from the tax imposed by this chapter.

  3         (b)  As used in this subsection, "food products" means

  4  edible commodities, whether processed, cooked, raw, canned, or

  5  in any other form, which are generally regarded as food. This

  6  includes, but is not limited to:

  7         1.  Cereals and cereal products, baked goods,

  8  oleomargarine, meat and meat products, fish and seafood

  9  products, frozen foods and dinners, poultry, eggs and egg

10  products, vegetables and vegetable products, fruit and fruit

11  products, spices, salt, sugar and sugar products, milk and

12  dairy products, and products intended to be mixed with milk.

13         2.  Natural fruit or vegetable juices or their

14  concentrates or reconstituted natural concentrated fruit or

15  vegetable juices, whether frozen or unfrozen, dehydrated,

16  powdered, granulated, sweetened or unsweetened, seasoned with

17  salt or spice, or unseasoned; coffee, coffee substitutes, or

18  cocoa; and tea, unless it is sold in a liquid form.

19         3.  Bakery products sold by bakeries, pastry shops, or

20  like establishments that do not have eating facilities.

21         (c)  The exemption provided by this subsection does not

22  apply:

23         1.  When the food products are sold as meals for

24  consumption on or off the premises of the dealer.

25         2.  When the food products are furnished, prepared, or

26  served for consumption at tables, chairs, or counters or from

27  trays, glasses, dishes, or other tableware, whether provided

28  by the dealer or by a person with whom the dealer contracts to

29  furnish, prepare, or serve food products to others.

30         3.  When the food products are ordinarily sold for

31  immediate consumption on the premises or near a location at


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                                          HB 4779, First Engrossed



  1  which parking facilities are provided primarily for the use of

  2  patrons in consuming the products purchased at the location,

  3  even though such products are sold on a "take out" or "to go"

  4  order and are actually packaged or wrapped and taken from the

  5  premises of the dealer.

  6         4.  To sandwiches sold ready for immediate consumption

  7  on or off the premises.

  8         5.  When the food products are sold ready for immediate

  9  consumption within a place, the entrance to which is subject

10  to an admission charge.

11         6.  When the food products are sold as hot prepared

12  food products.

13         7.  To soft drinks, which include, but are not limited

14  to, any nonalcoholic beverage, any preparation or beverage

15  commonly referred to as a "soft drink," or any noncarbonated

16  drink made from milk derivatives or tea, when sold in cans or

17  similar containers.

18         8.  To ice cream, frozen yogurt, and similar frozen

19  dairy or nondairy products in cones, small cups, or pints,

20  popsicles, frozen fruit bars, or other novelty items, whether

21  or not sold separately.

22         9.  To food prepared, whether on or off the premises,

23  and sold for immediate consumption. This does not apply to

24  food prepared off the premises and sold in the original sealed

25  container, or the slicing of products into smaller portions.

26         10.  When the food products are sold through a vending

27  machine, pushcart, motor vehicle, or any other form of

28  vehicle.

29         11.  To candy and any similar product regarded as candy

30  or confection, based on its normal use, as indicated on the

31  label or advertising thereof.


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                                          HB 4779, First Engrossed



  1         12.  To bakery products sold by bakeries, pastry shops,

  2  or like establishments that have eating facilities, except

  3  when sold for consumption off the premises.

  4         13.  When food products are served, prepared, or sold

  5  in or by restaurants, lunch counters, cafeterias, hotels,

  6  taverns, or other like places of business.

  7         (d)  As used in this subsection:

  8         1.  "For consumption off the premises" means that the

  9  food or drink is intended by the customer to be consumed at a

10  place away from the dealer's premises.

11         2.  "For consumption on the premises" means that the

12  food or drink sold may be immediately consumed on the premises

13  where the dealer conducts his or her business. In determining

14  whether an item of food is sold for immediate consumption,

15  there shall be considered the customary consumption practices

16  prevailing at the selling facility.

17         3.  "Premises" shall be construed broadly, and means,

18  but is not limited to, the lobby, aisle, or auditorium of a

19  theater; the seating, aisle, or parking area of an arena,

20  rink, or stadium; or the parking area of a drive-in or outdoor

21  theater. The premises of a caterer with respect to catered

22  meals or beverages shall be the place where such meals or

23  beverages are served.

24         4.  "Hot prepared food products" means those products,

25  items, or components which have been prepared for sale in a

26  heated condition and which are sold at any temperature that is

27  higher than the air temperature of the room or place where

28  they are sold. "Hot prepared food products," for the purposes

29  of this subsection, includes a combination of hot and cold

30  food items or components where a single price has been

31  established for the combination and the food products are sold


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                                          HB 4779, First Engrossed



  1  in such combination, such as a hot meal, a hot specialty dish

  2  or serving, or a hot sandwich or hot pizza, including cold

  3  components or side items.

  4         (a)  There are exempt from the tax imposed by this

  5  chapter food and drinks for human consumption except candy.

  6  Unless the exemption provided by paragraph (7)(q) for school

  7  lunches, paragraph (7)(i) for meals to certain patients or

  8  inmates, paragraph (7)(k) for meals provided by certain

  9  nonprofit organizations, or paragraph (7)(z) for food or

10  drinks sold through vending machines pertains, none of such

11  items of food or drinks means:

12         1.  Food or drinks served, prepared, or sold in or by

13  restaurants; drugstores; lunch counters; cafeterias; hotels;

14  amusement parks; racetracks; taverns; concession stands at

15  arenas, auditoriums, carnivals, fairs, stadiums, theaters, or

16  other like places of business; or by any business or place

17  required by law to be licensed by the Division of Hotels and

18  Restaurants of the Department of Business and Professional

19  Regulation, except bakery products sold in or by pastry shops,

20  doughnut shops, or like establishments for consumption off the

21  premises;

22         2.  Foods and drinks sold ready for immediate

23  consumption from vending machines, pushcarts, motor vehicles,

24  or any other form of vehicle;

25         3.  Soft drinks, which include, but are not limited to,

26  any nonalcoholic beverage, any preparation or beverage

27  commonly referred to as a "soft drink," or any noncarbonated

28  drink made from milk derivatives or tea, when sold in cans or

29  similar containers. The term "soft drink" does not include:

30  natural fruit or vegetable juices or their concentrates or

31  reconstituted natural concentrated fruit or vegetable juices,


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                                          HB 4779, First Engrossed



  1  whether frozen or unfrozen, dehydrated, powdered, granulated,

  2  sweetened or unsweetened, seasoned with salt or spice, or

  3  unseasoned; coffee or coffee substitutes; tea except when sold

  4  in containers as provided herein; cocoa; products intended to

  5  be mixed with milk; or natural fluid milk;

  6         4.  Foods or drinks cooked or prepared on the seller's

  7  premises and sold ready for immediate consumption either on or

  8  off the premises, excluding bakery products for off-premises

  9  consumption unless such foods are taxed under subparagraph 1.

10  or subparagraph 2.; or

11         5.  Sandwiches sold ready for immediate consumption.

12

13  For the purposes of this paragraph, "seller's premises" shall

14  be construed broadly, and means, but is not limited to, the

15  lobby, aisle, or auditorium of a theater; the seating, aisle,

16  or parking area of an arena, rink, or stadium; or the parking

17  area of a drive-in or outdoor theater. The premises of a

18  caterer with respect to catered meals or beverages shall be

19  the place where such meals or beverages are served.

20         (e)(b)1.  Food or drinks not exempt under paragraphs

21  (a), (b), (c), and (d) paragraph (a) shall be exempt,

22  notwithstanding those paragraphs that paragraph, when

23  purchased with food coupons or Special Supplemental Food

24  Program for Women, Infants, and Children vouchers issued under

25  authority of federal law.

26         2.  This paragraph is effective only while federal law

27  prohibits a state's participation in the federal food coupon

28  program or Special Supplemental Food Program for Women,

29  Infants, and Children if there is an official determination

30  that state or local sales taxes are collected within that

31  state on purchases of food or drinks with such coupons.


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                                          HB 4779, First Engrossed



  1         3.  This paragraph shall not apply to any food or

  2  drinks on which federal law shall permit sales taxes without

  3  penalty, such as termination of the state's participation.

  4         4.  Notwithstanding any other provision of law, the

  5  department shall make refunds or allow credits to a

  6  distributor equal to the fee imposed and paid under s.

  7  403.7197 on containers purchased by consumers with food

  8  coupons or Special Supplemental Food Program for Women,

  9  Infants, and Children vouchers issued under authority of

10  federal law.

11         (2)  EXEMPTIONS; MEDICAL.--

12         (a)  There shall be exempt from the tax imposed by this

13  chapter any medical products and supplies product, supply, or

14  medicine dispensed in a retail establishment by a pharmacist

15  licensed by the state, according to an individual prescription

16  or prescriptions written by a prescriber authorized by law to

17  prescribe medicinal drugs; hypodermic needles; hypodermic

18  syringes; chemical compounds and test kits used for the

19  diagnosis or treatment of human disease, illness, or injury;

20  and common household remedies recommended and generally sold

21  for internal or external use in the cure, mitigation,

22  treatment, or prevention of illness or disease in human

23  beings, but not including cosmetics or toilet articles,

24  notwithstanding the presence of medicinal ingredients therein,

25  according to a list prescribed and approved by the Department

26  of Health and Rehabilitative Services, which list shall be

27  certified to the Department of Revenue from time to time and

28  included in the rules promulgated by the Department of

29  Revenue. There shall also be exempt from the tax imposed by

30  this chapter artificial eyes and limbs; orthopedic shoes;

31  prescription eyeglasses and items incidental thereto or which


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                                          HB 4779, First Engrossed



  1  become a part thereof; dentures; hearing aids; crutches;

  2  prosthetic and orthopedic appliances; and funerals.  In

  3  addition, any items intended for one-time use which transfer

  4  essential optical characteristics to contact lenses shall be

  5  exempt from the tax imposed by this chapter; however, this

  6  exemption shall apply only after $100,000 of the tax imposed

  7  by this chapter on such items has been paid in any calendar

  8  year by a taxpayer who claims the exemption in such year.

  9  Funeral directors shall pay tax on all tangible personal

10  property used by them in their business.

11         (b)  For the purposes of this subsection:

12         1.  "Prosthetic and orthopedic appliances" means any

13  apparatus, instrument, device, or equipment used to replace or

14  substitute for any missing part of the body, to alleviate the

15  malfunction of any part of the body, or to assist any disabled

16  person in leading a normal life by facilitating such person's

17  mobility.  Such apparatus, instrument, device, or equipment

18  shall be exempted according to an individual prescription or

19  prescriptions written by a physician licensed under chapter

20  458, chapter 459, chapter 460, chapter 461, or chapter 466, or

21  according to a list prescribed and approved by the Department

22  of Health and Rehabilitative Services, which list shall be

23  certified to the Department of Revenue from time to time and

24  included in the rules promulgated by the Department of

25  Revenue.

26         2.  "Cosmetics" means articles intended to be rubbed,

27  poured, sprinkled, or sprayed on, introduced into, or

28  otherwise applied to the human body for cleansing,

29  beautifying, promoting attractiveness, or altering the

30  appearance and also means articles intended for use as a

31


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                                          HB 4779, First Engrossed



  1  compound of any such articles, including, but not limited to,

  2  cold creams, suntan lotions, makeup, and body lotions.

  3         3.  "Toilet articles" means any article advertised or

  4  held out for sale for grooming purposes and those articles

  5  that are customarily used for grooming purposes, regardless of

  6  the name by which they may be known, including, but not

  7  limited to, soap, toothpaste, hair spray, shaving products,

  8  colognes, perfumes, shampoo, deodorant, and mouthwash.

  9         4.  "Prescription" includes any order for drugs or

10  medicinal supplies written or transmitted by any means of

11  communication by a duly licensed practitioner authorized by

12  the laws of this state to prescribe such drugs or medicinal

13  supplies and intended to be dispensed by a pharmacist. The

14  term also includes an orally transmitted order by the lawfully

15  designated agent of such practitioner. The term also includes

16  an order written or transmitted by a practitioner licensed to

17  practice in a jurisdiction other than this state, but only if

18  the pharmacist called upon to dispense such order determines,

19  in the exercise of his or her professional judgment, that the

20  order is valid and necessary for the treatment of a chronic or

21  recurrent illness. The term also includes a pharmacist's order

22  for a product selected from the formulary created pursuant to

23  s. 465.186. A prescription may be retained in written form, or

24  the pharmacist may cause it to be recorded in a

25  data-processing system, provided that such order can be

26  produced in printed form upon lawful request.

27         (c)  Chlorine shall not be exempt from the tax imposed

28  by this chapter when used for the treatment of water in

29  swimming pools.

30         (d)  Lithotripters are exempt.

31         (e)  Human organs are exempt.


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                                          HB 4779, First Engrossed



  1         (f)  Sales of drugs to or by physicians, dentists,

  2  veterinarians, and hospitals in connection with medical

  3  treatment are exempt.

  4         (g)  Medical products and supplies used in the cure,

  5  mitigation, alleviation, prevention, or treatment of injury,

  6  disease, or incapacity which are temporarily or permanently

  7  incorporated into a patient or client by a practitioner of the

  8  healing arts licensed in this state are exempt.

  9         (h)  The purchase by a veterinarian of commonly

10  recognized substances possessing curative or remedial

11  properties which are ordered and dispensed as treatment for a

12  diagnosed health disorder by or on the prescription of a duly

13  licensed veterinarian, and which are applied to or consumed by

14  animals for alleviation of pain or the cure or prevention of

15  sickness, disease, or suffering are exempt. Also exempt are

16  the purchase by a veterinarian of antiseptics, absorbent

17  cotton, gauze for bandages, lotions, vitamins, and worm

18  remedies.

19         (i)  X-ray opaques, also known as opaque drugs and

20  radiopaque, such as the various opaque dyes and barium

21  sulphate, when used in connection with medical x-rays for

22  treatment of bodies of humans and animals, are exempt.

23         (j)  Parts, special attachments, special lettering, and

24  other like items that are added to or attached to tangible

25  personal property so that a handicapped person can use them

26  are exempt when such items are purchased by a person pursuant

27  to an individual prescription.

28         (k)(d)  This subsection shall be strictly construed and

29  enforced.

30         (3)  EXEMPTIONS, PARTIAL; CERTAIN FARM

31  EQUIPMENT.--There shall be taxable at the rate of 3 percent


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                                          HB 4779, First Engrossed



  1  the sale, use, consumption, or storage for use in this state

  2  of self-propelled or power-drawn farm equipment used

  3  exclusively by a farmer on a farm owned, leased, or

  4  sharecropped by the farmer in plowing, planting, cultivating,

  5  or harvesting crops, or for fire prevention and suppression

  6  work. The rental of self-propelled or power-drawn farm

  7  equipment shall be taxed at the rate of 6 percent. The 3

  8  percent tax rate provided for machines and farm equipment

  9  shall be disallowed when such machines and equipment are used

10  by the farmer for activities other than plowing, planting,

11  cultivating, harvesting crops, or fire prevention and

12  suppression work within 6 months after the date of purchase.

13         (4)  EXEMPTIONS; ITEMS BEARING OTHER EXCISE TAXES,

14  ETC.--

15         (a)  Also exempt are:

16         1.  Water delivered to the purchaser through pipes or

17  conduits or delivered for irrigation purposes. The sale of

18  drinking water in bottles, cans, or other containers,

19  including water that contains minerals or carbonation in its

20  natural state or water to which minerals have been added at a

21  water treatment facility regulated by the Department of

22  Environmental Protection, is exempt. This exemption does not

23  apply to the sale of drinking water in bottles, cans, or other

24  containers if carbonation, minerals, or flavorings, except

25  those added at a water treatment facility, have been added.

26  (not exempting mineral water or carbonated water).

27         2.  All fuels used by a public or private utility,

28  including any municipal corporation or rural electric

29  cooperative association, in the generation of electric power

30  or energy for sale.  Fuel other than motor fuel and diesel

31  fuel is taxable as provided in this chapter with the exception


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                                          HB 4779, First Engrossed



  1  of fuel expressly exempt herein.  Motor fuels and diesel fuels

  2  are taxable as provided in chapter 206, with the exception of

  3  those motor fuels and diesel fuels used by railroad

  4  locomotives or vessels to transport persons or property in

  5  interstate or foreign commerce, which are taxable under this

  6  chapter only to the extent provided herein.  The basis of the

  7  tax shall be the ratio of intrastate mileage to interstate or

  8  foreign mileage traveled by the carrier's railroad locomotives

  9  or vessels that were used in interstate or foreign commerce

10  and that had at least some Florida mileage during the previous

11  fiscal year of the carrier, such ratio to be determined at the

12  close of the fiscal year of the carrier.  This ratio shall be

13  applied each month to the total Florida purchases made in this

14  state of motor and diesel fuels to establish that portion of

15  the total used and consumed in intrastate movement and subject

16  to tax under this chapter. The basis for imposition of any

17  discretionary surtax shall be set forth in s. 212.054. Fuels

18  used exclusively in intrastate commerce do not qualify for the

19  proration of tax.

20         3.  The transmission or wheeling of electricity.

21         (5)  EXEMPTIONS; ACCOUNT OF USE.--

22         (a)  Items in agricultural use and certain nets.--There

23  are exempt from the tax imposed by this chapter nets designed

24  and used exclusively by commercial fisheries; disinfectants,

25  fertilizers, insecticides, pesticides, herbicides, and

26  fungicides, and weed killers used for application on crops or

27  groves, including commercial nurseries and home vegetable

28  gardens, used in dairy barns or on poultry farms for the

29  purpose of protecting poultry or livestock, or used directly

30  on poultry or livestock; portable containers used for

31  processing farm products; field and garden seeds, including


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                                          HB 4779, First Engrossed



  1  flower seeds; nursery stock, seedlings, cuttings, or other

  2  propagative material purchased for growing stock; seeds,

  3  seedlings, cuttings, and plants used to produce food for human

  4  consumption; cloth, plastic, and other similar materials used

  5  for shade, mulch, or protection from frost or insects on a

  6  farm; and liquefied petroleum gas or other fuel used to heat a

  7  structure in which started pullets or broilers are raised;

  8  however, such exemption shall not be allowed unless the

  9  purchaser or lessee signs a certificate stating that the item

10  to be exempted is for the exclusive use designated herein.

11         (k)  Paint color cards and other samples.--Paint color

12  cards, flooring and wallpaper samples, laminate chips, fabric

13  swatches, window covering samples, and other similar samples,

14  which serve no useful purpose other than for comparing color,

15  texture, or design, and which are available at no charge, are

16  exempt.

17         (6)  EXEMPTIONS; POLITICAL SUBDIVISIONS.--There are

18  also exempt from the tax imposed by this chapter sales made to

19  the United States Government, a state, or any county,

20  municipality, or political subdivision of a state when payment

21  is made directly to the dealer by the governmental entity.

22  This exemption shall not inure to any transaction otherwise

23  taxable under this chapter when payment is made by a

24  government employee by any means, including, but not limited

25  to, cash, check, or credit card when that employee is

26  subsequently reimbursed by the governmental entity. This

27  exemption does not include sales of tangible personal property

28  made to contractors employed either directly or as agents of

29  any such government or political subdivision thereof when such

30  tangible personal property goes into or becomes a part of

31  public works owned by such government or political subdivision


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                                          HB 4779, First Engrossed



  1  thereof. A determination whether a particular transaction is

  2  properly characterized as an exempt sale to a government

  3  entity or a taxable sale to a contractor shall be based on the

  4  substance of the transaction rather than the form in which the

  5  transaction is cast. The department shall adopt rules that

  6  give special consideration to factors that govern the status

  7  of the tangible personal property before its affixation to

  8  real property. In developing these rules, assumption of the

  9  risk of damage or loss is of paramount consideration in the

10  determination. This exemption does not include sales, rental,

11  use, consumption, or storage for use in any political

12  subdivision or municipality in this state of machines and

13  equipment and parts and accessories therefor used in the

14  generation, transmission, or distribution of electrical energy

15  by systems owned and operated by a political subdivision in

16  this state for transmission or distribution expansion.

17  Likewise exempt are charges for services rendered by radio and

18  television stations, including line charges, talent fees, or

19  license fees and charges for films, videotapes, and

20  transcriptions used in producing radio or television

21  broadcasts. The exemption provided in this subsection does not

22  include sales, rental, use, consumption, or storage for use in

23  any political subdivision or municipality in this state of

24  machines and equipment and parts and accessories therefor used

25  in providing two-way telecommunications services to the public

26  for hire by the use of a telecommunications facility, as

27  defined in s. 364.02(13), and for which a certificate is

28  required under chapter 364, which facility is owned and

29  operated by any county, municipality, or other political

30  subdivision of the state.  Any immunity of any political

31  subdivision of the state or other entity of local government


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                                          HB 4779, First Engrossed



  1  from taxation of the property used to provide

  2  telecommunication services that is taxed as a result of this

  3  section is hereby waived.  However, the exemption provided in

  4  this subsection includes transactions taxable under this part

  5  which are for use by the operator of a public-use airport, as

  6  defined in s. 322.004, in providing such telecommunications

  7  services for the airport or its tenants, concessionaires, or

  8  licensees, or which are for use by a public hospital for the

  9  provision of such telecommunications services.

10         (7)  MISCELLANEOUS EXEMPTIONS.--

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

12  tax imposed by this chapter is the sale of artificial

13  commemorative flowers by bona fide nationally chartered

14  veterans' organizations.

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

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

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

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

19  manufacturing, processing, compounding, or production process

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

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

22  allowed unless the purchaser signs a certificate stating that

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

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

25  fuels that are not used in manufacturing, processing,

26  compounding, or producing items of tangible personal property

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

28  subject to regulation by the Division of Hotels and

29  Restaurants of the Department of Business and Professional

30  Regulation.

31


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                                          HB 4779, First Engrossed



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

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

  3  intended solely for use in the entrapment of Callinectes

  4  sapidus and Menippe mercenaria.

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

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

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

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

  9  and direct charges for films, videotapes, and transcriptions

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

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

12  United States and the official state flag of Florida.

13         (g)  Florida Retired Educators Association and its

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

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

16  and publications made by the Florida Retired Educators

17  Association and its local chapters.

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

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

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

21  for such guide dogs.

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

23  of exemption to any blind person who holds an identification

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

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

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

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

28  capable of being carried in a wallet or billfold.

29         2.  The department shall make such rules concerning

30  items exempt from tax under the provisions of this paragraph

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


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                                          HB 4779, First Engrossed



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

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

  3  shall not be required to pay any tax thereon.

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

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

  6  meals are patients and inmates of any hospital or other

  7  physical plant or facility designed and operated primarily for

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

  9  physically incapacitated, or otherwise dependent on special

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

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

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

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

14  651, or that is financed by a mortgage loan made or insured by

15  the United States Department of Housing and Urban Development

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

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

18  similar facility designed and operated primarily for the care

19  of the aged.

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

21  tax imposed by this chapter are sales of utilities to

22  residential households or owners of residential models in this

23  state by utility companies who pay the gross receipts tax

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

25  households or owners of residential models, including oil,

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

27  products used in the household or residential model for the

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

29  regardless of whether such sales of utilities and fuels are

30  separately metered and billed direct to the residents or are

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


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                                          HB 4779, First Engrossed



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

  2  taxable. The landlord shall provide a separate meter for

  3  nonexempt utility or fuel consumption.  For the purposes of

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

  5  exempt.

  6         (k)  Meals provided by certain nonprofit

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

  8  chapter the sale of prepared meals by a nonprofit volunteer

  9  organization to handicapped, elderly, or indigent persons when

10  such meals are delivered as a charitable function by the

11  organization to such persons at their places of residence.

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

13  nonprofit corporations which hold current exemptions from

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

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

16  purpose is to raise money for military museums.

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

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

19  current exemptions from federal corporate income tax pursuant

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

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

22  196.1975(2) or are licensed as a nursing home or hospice under

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

24  by this chapter.

25         (n)  Organizations providing special educational,

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

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

28  organizations which are incorporated pursuant to chapter 617

29  or which hold a current exemption from federal corporate

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

31  Code the primary purpose of which is providing activities that


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                                          HB 4779, First Engrossed



  1  contribute to the development of good character or good

  2  sportsmanship, or to the educational or cultural development,

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

  4  the organization that has a salaried executive officer or an

  5  elected nonsalaried executive officer.

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

  7  and veterans' institutions and organizations.--

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

  9  chapter transactions involving:

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

11  leases of tangible personal property by churches;

12         b.  Sales or leases to nonprofit religious, nonprofit

13  charitable, nonprofit scientific, or nonprofit educational

14  institutions when used in carrying on their customary

15  nonprofit religious, nonprofit charitable, nonprofit

16  scientific, or nonprofit educational activities, including

17  church cemeteries; and

18         c.  Sales or leases to the state headquarters of

19  qualified veterans' organizations and the state headquarters

20  of their auxiliaries when used in carrying on their customary

21  veterans' organization activities. If a qualified veterans'

22  organization or its auxiliary does not maintain a permanent

23  state headquarters, then transactions involving sales or

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

25  the highest ranking state official are exempt from the tax

26  imposed by this chapter.

27         2.  The provisions of this section authorizing

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

29  applied in each category as follows:

30         a.  "Religious institutions" means churches,

31  synagogues, and established physical places for worship at


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                                          HB 4779, First Engrossed



  1  which nonprofit religious services and activities are

  2  regularly conducted and carried on. The term "religious

  3  institutions" includes nonprofit corporations the sole purpose

  4  of which is to provide free transportation services to church

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

  6  "religious 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  religious organizations or members. The term "religious

10  institutions" also includes any nonprofit corporation which is

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

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

13  Florida television station, at least 90 percent of the

14  programming of which station consists of programs of a

15  religious nature, and the financial support for which,

16  exclusive of receipts for broadcasting from other nonprofit

17  organizations, is predominantly from contributions from the

18  general public. The term "religious institutions" also

19  includes any nonprofit corporation which is qualified as

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

21  1986, as amended, which provides regular religious services to

22  Florida state prisoners and which from its own established

23  physical place of worship, operates a ministry providing

24  worship and services of a charitable nature to the community

25  on a weekly basis.

26         b.  "Charitable institutions" means only nonprofit

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

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

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

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

31  of the following services if a reasonable percentage of such


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                                          HB 4779, First Engrossed



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

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

  3  unable to pay for such service:

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

  5  disability;

  6         (II)  Regular provision of physical necessities such as

  7  food, clothing, or shelter;

  8         (III)  Services for the prevention of or rehabilitation

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

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

11  health problems;

12         (IV)  Social welfare services including adoption

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

14  other social welfare services which clearly and substantially

15  benefit a client population which is disadvantaged or suffers

16  a hardship;

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

18  injury, or disability;

19         (VI)  Legal services; or

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

21  adoption services, cruelty investigations, or education

22  programs concerning animals;

23

24  and the term includes groups providing volunteer staff to

25  organizations designated as charitable institutions under this

26  sub-subparagraph; nonprofit organizations the sole or primary

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

28  institutions designated as charitable institutions under this

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

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

31  district, or other governing, coordinating, or administrative


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                                          HB 4779, First Engrossed



  1  organizations the sole or primary purpose of which is to

  2  represent or regulate the customary activities of other

  3  institutions designated as charitable institutions under this

  4  sub-subparagraph.  Notwithstanding any other requirement of

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

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

  7  483, and that qualifies as tax exempt under s. 501(c)(3) of

  8  the Internal Revenue Code constitutes a charitable institution

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

10  health system, qualified as nonprofit pursuant to s.

11  501(c)(3), Internal Revenue Code of 1986, as amended, which

12  filed an application for exemption with the department prior

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

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

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

16         c.  "Scientific organizations" means scientific

17  organizations which hold current exemptions from federal

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

19  also means organizations the purpose of which is to protect

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

21  wildlife and which hold current exemptions from the federal

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

23         d.  "Educational institutions" means state

24  tax-supported or parochial, church and nonprofit private

25  schools, colleges, or universities which conduct regular

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

27  membership in, the Southern Association of Colleges and

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

29  Independent Schools, or the Florida Association of Christian

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

31  conduct regular classes and courses of study accepted for


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                                          HB 4779, First Engrossed



  1  continuing education credit by a Board of the Division of

  2  Medical Quality Assurance of the Department of Business and

  3  Professional Regulation or which conduct regular classes and

  4  courses of study accepted for continuing education credit by

  5  the American Medical Association. Nonprofit libraries, art

  6  galleries, performing arts centers that provide educational

  7  programs to school children, which programs involve

  8  performances or other educational activities at the performing

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

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

11  educational institutions and are eligible for exemption. The

12  term "educational institutions" includes private nonprofit

13  organizations the purpose of which is to raise funds for

14  schools teaching grades kindergarten through high school,

15  colleges, and universities. The term "educational

16  institutions" includes any nonprofit newspaper of free or paid

17  circulation primarily on university or college campuses which

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

19  501(c)(3) of the Internal Revenue Code, and any educational

20  television or radio network or system established pursuant to

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

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

23  which holds a current exemption from federal income tax under

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

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

26  other governing or administrative offices the function of

27  which is to assist or regulate the customary activities of

28  educational organizations or members. The term "educational

29  institutions" also includes a nonprofit educational cable

30  consortium which holds a current exemption from federal income

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


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                                          HB 4779, First Engrossed



  1  as amended, whose primary purpose is the delivery of

  2  educational and instructional cable television programming and

  3  whose members are composed exclusively of educational

  4  organizations which hold a valid consumer certificate of

  5  exemption and which are either an educational institution as

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

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

  8  Code of 1986, as amended.

  9         e.  "Veterans' organizations" means nationally

10  chartered or recognized veterans' organizations, including,

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

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

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

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

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

16  Internal Revenue Code.

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

18  resource recovery equipment which is owned and operated by or

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

20  Department of Environmental Protection under the provisions of

21  s. 403.715.

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

23  applies to school books used in regularly prescribed courses

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

25  parochial, or nonprofit schools operated for and attended by

26  pupils of kindergarten through grade grades 1 though 12.

27  Yearbooks, magazines, newspapers, directories, bulletins, and

28  similar publications distributed by such educational

29  institutions to their students are also exempt. School books

30  and food sold or served at community colleges and other

31  institutions of higher learning are taxable.


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                                          HB 4779, First Engrossed



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

  2  organizations incorporated in accordance with chapter 617

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

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

  5  designated as state theater contract organizations as provided

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

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

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

  9  tasting" and "spirituous beverage tasting" as contemplated

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

11  are exempt from the tax imposed by this chapter.

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

13         1.  Notwithstanding the provisions of chapters 327 and

14  328, pertaining to the registration of vessels, a boat upon

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

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

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

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

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

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

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

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

23  alterations, refitting, or modifications and such repairs,

24  alterations, refitting, or modifications are supported by

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

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

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

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

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

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

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


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                                          HB 4779, First Engrossed



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

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

  3  repairs that arise from a written guarantee given by the

  4  registered repair facility, which guarantee covers only those

  5  repairs or modifications made during the first tolled period.

  6  Within 72 hours after the date upon which the registered

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

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

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

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

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

12  alterations, refitting, or modifications, the registered

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

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

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

16  department requires. The repair facility shall maintain a log

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

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

19  and control of the facility.  The affidavit shall be

20  maintained by the registered repair facility as part of its

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

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

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

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

25         2.  During the period of repairs, alterations,

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

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

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

29  dealer registered with the department without incurring a use

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

31  this chapter applies to such sale.


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                                          HB 4779, First Engrossed



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

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

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

  4  facility" means:

  5         a.  A full-service facility that:

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

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

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

  9  care, custody, and control of the facility;

10         (III)  Has adequate piers and storage facilities to

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

12  control; and

13         (IV)  Has necessary shops and equipment to provide

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

15  and control of the facility;

16         b.  A marina that:

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

18         (II)  Has adequate piers and storage facilities to

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

20  control; and

21         (III)  Has necessary shops and equipment to provide

22  repairs or warranty work on vessels; or

23         c.  A shoreside facility that:

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

25         (II)  Has adequate piers and storage facilities to

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

27  control; and

28         (III)  Has necessary shops and equipment to provide

29  repairs or warranty work.

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

31  firefighting and rescue service equipment and supplies


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                                          HB 4779, First Engrossed



  1  purchased by volunteer fire departments, duly chartered under

  2  the Florida Statutes as corporations not for profit.

  3         (v)  Professional services.--

  4         1.  Also exempted are professional, insurance, or

  5  personal service transactions that involve sales as

  6  inconsequential elements for which no separate charges are

  7  made.

  8         2.  The personal service transactions exempted pursuant

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

10  services involving the furnishing of printed, mimeographed, or

11  multigraphed matter, or matter duplicating written or printed

12  matter in any other manner, other than professional services

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

14  a representative or fiduciary capacity or information services

15  furnished to newspapers and radio and television stations.  As

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

17  includes the services of collecting, compiling, or analyzing

18  information of any kind or nature and furnishing reports

19  thereof to other persons.

20         3.  This exemption does not apply to any service

21  warranty transaction taxable under s. 212.0506.

22         4.  This exemption does not apply to any service

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

24         (w)  Certain newspaper, magazine, and newsletter

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

26  exempt are newspaper, magazine, and newsletter subscriptions

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

28  Also exempt are free, circulated publications that are

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

30  primarily advertising, and that are distributed through the

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


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                                          HB 4779, First Engrossed



  1  newspaper, magazine, and newsletter subscriptions which is

  2  provided in this paragraph applies only to subscriptions

  3  entered into after March 1, 1997.

  4         (x)  Sporting equipment brought into the

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

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

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

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

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

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

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

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

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

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

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

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

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

18  and s. 212.05.

19         (z)  Vending machines sponsored by nonprofit or

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

21  human consumption sold for 25 cents or less through a

22  coin-operated vending machine sponsored by a nonprofit

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

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

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

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

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

28  met:

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

30  commonly owned and controlled corporations;

31


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                                          HB 4779, First Engrossed



  1         2.  Such vehicle was titled and registered in this

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

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

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

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

  6  by any nonprofit corporation that has qualified under s.

  7  501(c)(13) of the Internal Revenue Code of 1986, as amended,

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

  9  was donated to the community by deed.

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

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

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

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

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

15  conduct free public education classes in basic seamanship is

16  exempt from the tax imposed by this chapter.

17         (dd)  Works of art.--

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

19  educational institution, as defined in sub-subparagraph

20  (o)2.d.

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

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

23  purchased or imported exclusively for the purpose of being

24  loaned to and made available for display by any educational

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

26  for at least 10 years.

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

28  or imported into this state exclusively for loan as provided

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

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

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


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                                          HB 4779, First Engrossed



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

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

  3  institution.

  4         4.  The exemptions provided by this paragraph are

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

  6  to the vendor an affidavit meeting the requirements,

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

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

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

10  is issued to the vendor.

11         5.  The exemption provided by subparagraph 2. applies

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

13  possession of the educational institution or is in storage

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

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

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

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

18  time.  Any educational institution which has received a work

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

20  department information relating to the work of art. Any

21  educational institution that transfers from its possession a

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

23  Department of Revenue within 60 days after the transfer.

24         6.  For purposes of the exemptions provided by this

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

26  representations, sculpture, jewelry, antiques, stamp

27  collections and coin collections, and other tangible personal

28  property, the value of which is attributable predominantly to

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

30  importance.

31


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                                          HB 4779, First Engrossed



  1         7.  This paragraph is a remedial clarification of

  2  legislative intent and applies to all taxes that remain open

  3  to assessment or contest on July 1, 1992.

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

  5  taxicab or taxicab-related equipment and services provided by

  6  a taxicab company to an independent taxicab operator are

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

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

  9  acquisition of the taxicab and its related equipment.

10         (ff)  Aircraft repair and maintenance labor

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

12  chapter all labor charges for the repair and maintenance of

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

14  weight. Charges for parts and equipment furnished in

15  connection with such labor charges are taxable.

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

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

18  organizations which:

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

20         b.  Hold a current exemption from federal corporate

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

22  Revenue Code of 1986, as amended; and

23         2.  Sponsor golf tournaments sanctioned by the PGA

24  Tour, PGA of America, or the LPGA.

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

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

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

28  chapter.

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

30  electricity used directly and exclusively at a fixed location

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


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                                          HB 4779, First Engrossed



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

  2  tangible personal property for sale, or to operate pollution

  3  control equipment, recycling equipment, maintenance equipment,

  4  or monitoring or control equipment used in such operations are

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

  6  subparagraph 2.  The exemption provided for herein is

  7  applicable if the electricity that is used for the exempt

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

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

10  charge for electricity is for nonexempt purposes.  This

11  exemption only applies to industries classified under SIC

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

13  24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38,

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

15  classifications contained in the Standard Industrial

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

17  Management and Budget, Executive Office of the President.

18  Possession by a seller of a written certification by the

19  purchaser, certifying the purchaser's entitlement to an

20  exemption permitted by this subsection, relieves the seller

21  from the responsibility of collecting the tax on the

22  nontaxable amounts, and the department shall look solely to

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

24  the purchaser was not entitled to the exemption. Such

25  exemption shall be applied as follows:

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

27  for such electricity shall be exempt.

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

29  for such electricity shall be exempt.

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

31  for such electricity shall be exempt.


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                                          HB 4779, First Engrossed



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

  2  for such electricity shall be exempt.

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

  4  for such electricity shall be exempt.

  5

  6  Notwithstanding any other provision in this paragraph to the

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

  8  paragraph a taxpayer must register with the WAGES Program

  9  Business Registry established by the local WAGES coalition for

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

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

12  WAGES program participants to the maximum extent possible

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

14  determine whether the exemption provided in this paragraph

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

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

17  Program Policy Analysis and Governmental Accountability shall

18  periodically monitor and report on the industries receiving

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

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

21  as to specifically determine the number of companies within

22  each SIC Industry Major Group receiving the exemption as of

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

24  companies within each SIC Industry Major Group receiving the

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

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

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

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

29  companies within each SIC Industry Major Group receiving the

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

31  employed by companies within each SIC Industry Major Group


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                                          HB 4779, First Engrossed



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

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

  3  attributable to the exemption provided in this paragraph,

  4  whether it would be sound public policy to continue or

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

  6  Both reports shall be submitted to the President of the

  7  Senate, the Speaker of the House of Representatives, the

  8  Senate Minority Leader, and the House Minority Leader.

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

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

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

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

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

14  admissions, or for temporary parking of vehicles used for

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

16  or tangible personal property between the owner of the central

17  amusement attraction and any owner of amusement devices and

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

19  616.15(1)(b) and 616.242(3)(a) and (i), for the furnishing of

20  amusement devices and amusement attractions at a public fair

21  or exposition; and other transactions of a fair association

22  which are incurred directly by the fair association in the

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

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

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

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

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

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

29  association through an agent or independent contractor; sales

30  of admissions and tangible personal property by a

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


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                                          HB 4779, First Engrossed



  1  subleases of tangible personal property or real property

  2  between the owner of the central amusement attraction and a

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

  4  furnishing of amusement devices or amusement attractions,

  5  which transactions are exempt.

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

  7  1996, nonprofit organizations that are incorporated under

  8  chapter 617 or hold a current exemption from federal corporate

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

10  amended, and that have been designated citizen support

11  organizations in support of state-funded environmental

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

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

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

15  this chapter.

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

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

18  nature received from admissions to the Florida Folk Festival

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

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

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

22  energy systems or any component thereof.  The Florida Solar

23  Energy Center shall from time to time certify to the

24  department a list of equipment and requisite hardware

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

26  This exemption is repealed July 1, 2002.

27         (nn)  Nonprofit cooperative hospital

28  laundries.--Nonprofit organizations that are incorporated

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

30  tax purposes, as cooperatives under subchapter T of the

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


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                                          HB 4779, First Engrossed



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

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

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

  4  this chapter.

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

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

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

  8  or lease any transient living accommodations as described in

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

10  509 and which are subject to the tax under s. 212.03, if a

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

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

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

14  accommodations. Moreover, the person offering the

15  accommodations is not considered to be the consumer of items

16  purchased in furnishing such food or drinks and may purchase

17  those items under conditions of a sale for resale.

18         (pp)  Nonprofit corporation conducting the correctional

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

20  corporation organized pursuant to part II of chapter 946 are

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

22  applies retroactively to July 1, 1983.

23         (qq)  Parent-teacher organizations, parent-teacher

24  associations, and schools having kindergarten through grade

25  12.--Parent-teacher organizations and associations qualified

26  as educational institutions under paragraph (o) associated

27  with schools having kindergarten through grade 12, and schools

28  having kindergarten through grade 12, may pay tax to their

29  suppliers on the cost price of school materials and supplies

30  purchased, rented, or leased for resale or rental to students

31  in kindergarten through grade 12, of items sold for


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                                          HB 4779, First Engrossed



  1  fundraising purposes, and of items sold through vending

  2  machines located on the school premises, in lieu of collecting

  3  the tax imposed by this chapter from the purchaser. This

  4  paragraph also applies to food or beverages sold through

  5  vending machines located in the student lunchroom or dining

  6  room of a school having kindergarten through grade 12.

  7         (rr)  Mobile home lot improvements.--Items purchased by

  8  developers for use in making improvements to a mobile home lot

  9  owned by the developer may be purchased tax-exempt as a sale

10  for resale if made pursuant to a contract that requires the

11  developer to sell a mobile home to a purchaser, place the

12  mobile home on the lot, and make the improvements to the lot

13  for a single lump-sum price. The developer must collect and

14  remit sales tax on the entire lump-sum price.

15         (ss)  Veterans Administration.--When a veteran of the

16  Armed Forces purchases an aircraft, boat, mobile home, motor

17  vehicle, or other vehicle from a dealer pursuant to the

18  provisions of s. 3902(a), Title 38, U.S.C., or any successor

19  provision of the United States Code, the amount that is paid

20  directly to the dealer by the Veterans Administration is not

21  taxable. However, any portion of the purchase price which is

22  paid directly to the dealer by the veteran is taxable.

23         (tt)  Complimentary items.--There is exempt from the

24  tax imposed by this chapter:

25         1.  Any food or drink, whether or not cooked or

26  prepared on the premises, provided without charge as a sample

27  or for the convenience of customers by a dealer that primarily

28  sells food product items at retail.

29         2.  Any item given to a customer as part of a price

30  guarantee plan related to point-of-sale errors by a dealer

31  that primarily sells food products at retail.


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                                          HB 4779, First Engrossed



  1

  2  The exemptions in this paragraph do not apply to businesses

  3  with the primary activity of serving prepared meals or

  4  alcoholic beverages for immediate consumption.

  5         (uu)  Donated foods or beverages.--Any food or beverage

  6  donated by a dealer that sells food products at retail to a

  7  food bank or an organization that holds a current exemption

  8  from federal corporate income tax pursuant to s. 501(c) of the

  9  Internal Revenue Code of 1986, as amended, is exempt from the

10  tax imposed by this chapter.

11         (vv)  Racing dogs.--The sale of a racing dog by its

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

13  animal.

14

15  Exemptions provided to any entity by this subsection shall not

16  inure to any transaction otherwise taxable under this chapter

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

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

19  check, or credit card, even when that representative or

20  employee is subsequently reimbursed by such entity.

21         (8)  PARTIAL EXEMPTIONS; VESSELS ENGAGED IN INTERSTATE

22  OR FOREIGN COMMERCE.--

23         (a)  The sale or use of vessels and parts thereof used

24  to transport persons or property in interstate or foreign

25  commerce, including commercial fishing vessels, is subject to

26  the taxes imposed in this chapter only to the extent provided

27  herein.  The basis of the tax shall be the ratio of intrastate

28  mileage to interstate or foreign mileage traveled by the

29  carrier's vessels which were used in interstate or foreign

30  commerce and which had at least some Florida mileage during

31  the previous fiscal year.  The ratio would be determined at


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                                          HB 4779, First Engrossed



  1  the close of the carrier's fiscal year.  This ratio shall be

  2  applied each month to the total Florida purchases of such

  3  vessels and parts thereof which are used in Florida to

  4  establish that portion of the total used and consumed in

  5  intrastate movement and subject to the tax at the applicable

  6  rate. The basis for imposition of any discretionary surtax

  7  shall be as set forth in s. 212.054. Items, appropriate to

  8  carry out the purposes for which a vessel is designed or

  9  equipped and used, purchased by the owner, operator, or agent

10  of a vessel for use on board such vessel shall be deemed to be

11  parts of the vessel upon which the same are used or consumed.

12  Vessels and parts thereof used to transport persons or

13  property in interstate and foreign commerce are hereby

14  determined to be susceptible to a distinct and separate

15  classification for taxation under the provisions of this

16  chapter.  Vessels and parts thereof used exclusively in

17  intrastate commerce do not qualify for the proration of tax.

18         (9)  PARTIAL EXEMPTIONS; RAILROADS AND MOTOR VEHICLES

19  ENGAGED IN INTERSTATE OR FOREIGN COMMERCE.--

20         (a)  Railroads which are licensed as common carriers by

21  the Interstate Commerce Commission and parts thereof used to

22  transport persons or property in interstate or foreign

23  commerce are subject to tax imposed in this chapter only to

24  the extent provided herein. The basis of the tax shall be the

25  ratio of intrastate mileage to interstate or foreign mileage

26  traveled by the carrier during the previous fiscal year of the

27  carrier.  Such ratio is to be determined at the close of the

28  carrier's fiscal year.  This ratio shall be applied each month

29  to the total purchases of the railroad which are used in this

30  state to establish that portion of the total used and consumed

31  in intrastate movement and subject to tax under this chapter.


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                                          HB 4779, First Engrossed



  1  The basis for imposition of any discretionary surtax is set

  2  forth in s. 212.054. Railroads which are licensed as common

  3  carriers by the Interstate Commerce Commission and parts

  4  thereof used to transport persons or property in interstate

  5  and foreign commerce are hereby determined to be susceptible

  6  to a distinct and separate classification for taxation under

  7  the provisions of this chapter.

  8         (b)  Motor vehicles which are engaged in interstate

  9  commerce as common carriers, and parts thereof, used to

10  transport persons or property in interstate or foreign

11  commerce are subject to tax imposed in this chapter only to

12  the extent provided herein. The basis of the tax shall be the

13  ratio of intrastate mileage to interstate or foreign mileage

14  traveled by the carrier's motor vehicles which were used in

15  interstate or foreign commerce and which had at least some

16  Florida mileage during the previous fiscal year of the

17  carrier. Such ratio is to be determined at the close of the

18  carrier's fiscal year. This ratio shall be applied each month

19  to the total purchases of such motor vehicles and parts

20  thereof which are used in this state to establish that portion

21  of the total used and consumed in intrastate movement and

22  subject to tax under this chapter. The basis for imposition of

23  any discretionary surtax is set forth in s. 212.054. Motor

24  vehicles which are engaged in interstate commerce, and parts

25  thereof, used to transport persons or property in interstate

26  and foreign commerce are hereby determined to be susceptible

27  to a distinct and separate classification for taxation under

28  the provisions of this chapter. Motor vehicles and parts

29  thereof used exclusively in intrastate commerce do not qualify

30  for the proration of tax.  For purposes of this paragraph,

31  parts of a motor vehicle engaged in interstate commerce


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                                          HB 4779, First Engrossed



  1  include a separate tank not connected to the fuel supply

  2  system of the motor vehicle into which diesel fuel is placed

  3  to operate a refrigeration unit or other equipment.

  4         (11)  PARTIAL EXEMPTION; FLYABLE AIRCRAFT.--

  5         (d)  The purchaser shall execute a sworn affidavit

  6  attesting that he or she is not a resident of this state and

  7  stating where the aircraft will be domiciled.  If the aircraft

  8  is subsequently used in this state within 6 months of the time

  9  of purchase, in violation of the intent of this subsection,

10  the purchaser shall be liable for payment of the full use tax

11  imposed by this chapter and shall be subject to the penalty

12  imposed by s. 212.12(2), which penalty shall be mandatory.

13  Notwithstanding the provisions of this paragraph, the owner of

14  an aircraft purchased pursuant to this subsection may permit

15  the aircraft to be returned to this state for repairs within 6

16  months after the date of sale without the aircraft being in

17  violation of the law and without incurring liability for

18  payment of tax or penalty on the purchase price of the

19  aircraft, so long as the aircraft is removed from this state

20  within 20 days after the completion of the repairs and such

21  removal can be proven by invoices for fuel, tie-down, or

22  hangar charges issued by out-of-state vendors or suppliers or

23  similar documentation.

24         (14)  TECHNICAL ASSISTANCE ADVISORY COMMITTEE.--The

25  department shall establish a technical assistance advisory

26  committee with public and private sector members, including

27  representatives of both manufacturers and retailers, to advise

28  the Department of Revenue and the Department of Health and

29  Rehabilitative Services in determining the taxability of

30  specific products and product lines pursuant to subsection (1)

31  and paragraph (2)(a).  In determining taxability and in


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                                          HB 4779, First Engrossed



  1  preparing a list of specific products and product lines which

  2  are or are not taxable, the committee shall not be subject to

  3  the provisions of chapter 120. Private sector members shall

  4  not be compensated for serving on the committee.

  5         Section 29.  Section 212.09, Florida Statutes, is

  6  amended to read:

  7         212.09  Trade-ins deducted.--

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

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

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

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

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

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

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

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

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

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

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

19  as a seller of aircraft, boats, mobile homes, or motor

20  vehicles who is selling an aircraft, boat, mobile home, or

21  motor vehicle and who takes in trade an item other than an

22  aircraft, boat, mobile home, or motor vehicle may not use the

23  item as a credit against sales price.

24         Section 30.  Subsection (1) of section 212.17, Florida

25  Statutes, is amended to read:

26         212.17  Credits for returned goods, rentals, or

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

28  subsequently sold; additional powers of department.--

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

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

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


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                                          HB 4779, First Engrossed



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

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

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

  4  case

  5         (b)  A registered dealer that purchases property for

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

  7  property subsequent to acquisition without ever having used

  8  the property is entitled to reimbursement, in the manner

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

10  property's acquisition.

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

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

13  submitting his or her return upon receipt of a signed

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

15  during the period covered by said signed statement, which

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

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

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

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

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

21  remittance for subsequent taxes accrued under the provisions

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

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

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

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

26         Section 31.  Subsection (3) of section 212.18, Florida

27  Statutes, is amended, and subsection (6) is added to said

28  section, to read:

29         212.18  Administration of law; registration of dealers;

30  rules.--

31


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

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

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

  4  quarters or sleeping or housekeeping accommodations in hotels,

  5  apartment houses, roominghouses, or tourist or trailer camps

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

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

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

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

10  application for a certificate of registration for each place

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

12  interests in such business and their residences, the address

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

14  reasonably require. Owners and operators of vending machines

15  or newspaper rack machines are required to obtain only one

16  certificate of registration for each county in which such

17  machines are located. The department, by rule, may authorize a

18  dealer that uses independent sellers to sell its merchandise

19  to remit tax on the retail sales price charged to the ultimate

20  consumer in lieu of having the independent seller register as

21  a dealer and remit the tax. Itinerant merchants selling

22  exclusively at flea markets may in lieu of registration remit

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

24  the manner provided for in subsection (6) if they fall below

25  the threshold requirement for individual registration

26  specified in that subsection. The department may appoint the

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

28  applications for registrations. The application must be made

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

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

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


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                                          HB 4779, First Engrossed



  1  registration fee is not required to accompany an application

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

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

  4  the applicant a separate certificate of registration for each

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

  6  department or its designated assistants for any failure by the

  7  certificateholder to comply with any of the provisions of this

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

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

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

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

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

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

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

15  living quarters or sleeping or housekeeping accommodations in

16  hotels, apartment houses, roominghouses, tourist or trailer

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

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

19  without first having obtained such a certificate or after such

20  certificate has been canceled; no person shall receive any

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

22  such business without first having obtained such a certificate

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

24  the business of selling or leasing tangible personal property

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

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

27  licenses in living quarters or sleeping or housekeeping

28  accommodations in hotels, apartment houses, roominghouses, or

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

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

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


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                                          HB 4779, First Engrossed



  1  such certificate first being obtained or after such

  2  certificate has been canceled by the department, is

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

  4  copartnership, or corporation to so qualify when required

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

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

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

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

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

10  However, the department may waive the increase in the

11  registration fee if it is determined by the department that

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

13  willful negligence, willful neglect, or fraud.

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

15  of registration when the dealer fails to comply with this

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

17  registration, the department must schedule an informal

18  conference at which the dealer may present evidence regarding

19  the department's intended revocation or enter into a

20  compliance agreement with the department. The department must

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

22  and date of the scheduled informal conference by written

23  notification sent by United States mail to the dealer's last

24  known address of record furnished by the dealer on a form

25  prescribed by the department. The dealer is required to attend

26  the informal conference and present evidence refuting the

27  department's intended revocation or enter into a compliance

28  agreement with the department which resolves the dealer's

29  failure to comply with this chapter. The department shall

30  issue an administrative complaint under s. 120.60 if the

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


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                                          HB 4779, First Engrossed



  1  fails to enter into a compliance agreement with the department

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

  3  fails to comply with the executed compliance agreement.

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

  5  means a person who enters into an agreement authorizing the

  6  display of tangible personal property or services at a

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

  8  the registration of exhibitors as dealers under this chapter:

  9         1.  An exhibitor whose agreement prohibits the sale of

10  tangible personal property or services subject to the tax

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

12  dealer.

13         2.  An exhibitor whose agreement provides for the sale

14  at wholesale only of tangible personal property or services

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

16  resale certificate from the purchasing dealer but is not

17  required to register as a dealer.

18         3.  An exhibitor whose agreement authorizes the retail

19  sale of tangible personal property or services subject to the

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

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

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

23  to s. 212.0596 must register as a dealer.

24

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

26  their exhibitor's agreements available to the department for

27  inspection and copying.

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

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

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

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


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                                          HB 4779, First Engrossed



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

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

  3  collected from unregistered flea market vendors under this

  4  number monthly, unless otherwise notified.

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

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

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

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

  9  other tangible evidence that authorizes the use of the rental

10  space.

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

12  a signed statement declaring that the unregistered flea market

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

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

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

16  statement shall include both the permanent business address,

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

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

19  years. Records of taxes collected and remitted shall be

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

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

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

23  remit, and account for the sales tax.

24         b.  Provide each unregistered flea market vendor with a

25  sign no smaller than 8 inches by 10 inches with lettering at

26  least 1 inch high, which must be displayed in a conspicuous

27  place at the stall or other place of sale by the vendor and

28  which reads:

29         (Name of vendor) is duly authorized to collect

30         Florida sales tax for remittance by the flea

31         market operator to the Department of Revenue.


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                                          HB 4779, First Engrossed



  1         c.  Furnish unregistered flea market vendors with tax

  2  envelopes so that the unregistered vendor can record the daily

  3  sales transactions and remit the taxes collected and due to

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

  5  department may adopt necessary rules to prescribe the format

  6  for the tax envelopes.

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

  8  photocopy of the vendor's certificate of registration or, in

  9  lieu thereof, a statement from the registered vendor attesting

10  that the vendor has a valid certificate of registration. The

11  statement shall contain the registration number and the

12  effective date the number was issued and shall be signed by

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

14  5 years.

15         b.  Provide each registered flea market vendor with a

16  sign no smaller than 8 inches by 10 inches with lettering at

17  least 1 inch high, which must be displayed in a conspicuous

18  place at the stall or other place of sale by the vendor and

19  which reads:

20         (Name of vendor) is duly authorized to collect

21         and remit Florida sales tax to the Department

22         of Revenue.

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

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

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

26  subparagraph (a)4.

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

28  is required to remit the sales tax collected from each

29  unregistered flea market vendor when the vendor has collected

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

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


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                                          HB 4779, First Engrossed



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

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

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

  4  market vendors with an estimated monthly sales tax liability

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

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

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

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

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

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

11  collected pursuant to this chapter commits theft of state

12  funds, as provided in s. 212.15(2).

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

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

15  market and in other conspicuous places throughout the flea

16  market area. Such signs must state: "Florida Law Requires

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

18  shall have lettering at least 3 inches high.

19         Section 32.  Paragraph (a) of subsection (1) and

20  paragraph (a) of subsection (2) of section 213.21, Florida

21  Statutes, are amended to read:

22         213.21  Informal conferences; compromises.--

23         (1)(a)  The Department of Revenue may adopt rules for

24  establishing informal conference procedures within the

25  department for resolution of disputes relating to assessment

26  of taxes, interest, and penalties and the denial of refunds,

27  and for informal hearings under ss. 120.569 and 120.57(2).

28         (2)(a)  The executive director of the department or his

29  or her designee is authorized to enter into a written closing

30  agreements agreement with any taxpayer settling or

31  compromising the taxpayer's liability for any tax, interest,


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                                          HB 4779, First Engrossed



  1  or penalty assessed under any of the chapters specified in s.

  2  72.011(1). Such agreements shall be in writing when the amount

  3  of tax, penalty, or interest compromised exceeds $30,000, or

  4  for lesser amounts when the department deems it appropriate or

  5  when requested by the taxpayer. When a written such a closing

  6  agreement has been approved by the department and signed by

  7  the executive director or his or her designee and the

  8  taxpayer, it shall be final and conclusive; and, except upon a

  9  showing of fraud or misrepresentation of material fact or

10  except as to adjustments pursuant to ss. 198.16 and 220.23, no

11  additional assessment may be made by the department against

12  the taxpayer for the tax, interest, or penalty specified in

13  the closing agreement for the time period specified in the

14  closing agreement, and the taxpayer shall not be entitled to

15  institute any judicial or administrative proceeding to recover

16  any tax, interest, or penalty paid pursuant to the closing

17  agreement.  The department is authorized to delegate to the

18  executive director the authority to approve any such closing

19  agreement resulting in a tax reduction of $100,000 or less.

20         Section 33.  Subsection (1) of section 213.22, Florida

21  Statutes, is amended to read:

22         213.22  Technical assistance advisements.--

23         (1)  The department may issue informal technical

24  assistance advisements to persons, upon written request, as to

25  the position of the department on the tax consequences of a

26  stated transaction or event, under existing statutes, rules,

27  or policies. After the issuance of an assessment, a technical

28  assistance advisement may not be issued to a taxpayer who

29  requests an advisement relating to the tax or liability for

30  tax in respect to which the assessment has been made, except

31  that a technical assistance advisement may be issued to a


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                                          HB 4779, First Engrossed



  1  taxpayer who requests an advisement relating to the exemptions

  2  in s. 212.08(1) or (2) at any time.  Technical assistance

  3  advisements shall have no precedential value except to the

  4  taxpayer who requests the advisement and then only for the

  5  specific transaction addressed in the technical assistance

  6  advisement, unless specifically stated otherwise in the

  7  advisement.  Any modification of an advisement shall be

  8  prospective only.  A technical assistance advisement is not an

  9  order issued pursuant to s. 120.565 or s. 120.569 or a rule or

10  policy of general applicability under s. 120.54.  The

11  provisions of s. 120.53(1) are not applicable to technical

12  assistance advisements.

13         Section 34.  Paragraph (c) is added to subsection (2)

14  of section 220.222, Florida Statutes, to read:

15         220.222  Returns; time and place for filing.--

16         (2)

17         (c)  For purposes of this subsection, a taxpayer is not

18  in compliance with the requirements of s. 220.32 if the

19  taxpayer underpays the required payment by more than the

20  greater of $500 or 10 percent of the tax shown on the return

21  when filed.

22         Section 35.  Subsection (1) of section 624.515, Florida

23  Statutes, is amended to read:

24         624.515  State Fire Marshal regulatory assessment and

25  surcharge; levy and amount.--

26         (1)(a)  In addition to any other license or excise tax

27  now or hereafter imposed, and such taxes as may be imposed

28  under other statutes, there is hereby assessed and imposed

29  upon every domestic, foreign, and alien insurer authorized to

30  engage in this state in the business of issuing policies of

31  fire insurance, a regulatory assessment in an amount equal to


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                                          HB 4779, First Engrossed



  1  1 percent of the gross amount of premiums collected by each

  2  such insurer on policies of fire insurance issued by it and

  3  insuring property in this state. The assessment shall be

  4  payable annually on or before March 1 to the Department of

  5  Revenue by the insurer on such premiums collected by it during

  6  the preceding calendar year.

  7         (b)  When it is impractical, due to the nature of the

  8  business practices within the insurance industry, to determine

  9  the percentage of fire insurance contained within a line of

10  insurance written by an insurer on risks located or resident

11  in Florida, the Department of Revenue may establish by rule

12  such percentages for the industry. The Department of Revenue

13  may also amend the percentages as the insurance industry

14  changes its practices concerning the portion of fire insurance

15  within a line of insurance.

16         Section 36.  Subsection (3) is added to section

17  896.102, Florida Statutes, to read:

18         896.102  Currency more than $10,000 received in trade

19  or business; report required; noncompliance penalties.--

20         (3)  The Department of Revenue may adopt rules and

21  guidelines to administer and enforce these reporting

22  requirements.

23         Section 37.  This act shall take effect July 1 of the

24  year in which enacted.

25

26

27

28

29

30

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