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





                                                   HOUSE AMENDMENT

    hbd-05                                      Bill No. CS/HB 747

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Starks offered the following:

12

13         Amendment (with title amendment) 

14         On page 3, between line(s) 2 and 3,

15

16  insert:

17         Section 2.  Paragraph (o) of subsection (7) of section

18  212.08, Florida Statutes, 1996 Supplement, is amended to read:

19         212.08  Sales, rental, use, consumption, distribution,

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

21  the rental, the use, the consumption, the distribution, and

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

23  following are hereby specifically exempt from the tax imposed

24  by this part.

25         (7)  MISCELLANEOUS EXEMPTIONS.--

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

27  and veterans' institutions and organizations.--

28         1.  There are exempt from the tax imposed by this part

29  transactions involving:

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

31  leases of tangible personal property by churches;

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                                                   HOUSE AMENDMENT

    hbd-05                                      Bill No. CS/HB 747

    Amendment No.     (for drafter's use only)





 1         b.  Sales or leases to nonprofit religious, nonprofit

 2  charitable, nonprofit scientific, or nonprofit educational

 3  institutions when used in carrying on their customary

 4  nonprofit religious, nonprofit charitable, nonprofit

 5  scientific, or nonprofit educational activities, including

 6  church cemeteries; and

 7         c.  Sales or leases to the state headquarters of

 8  qualified veterans' organizations and the state headquarters

 9  of their auxiliaries when used in carrying on their customary

10  veterans' organization activities. If a qualified veterans'

11  organization or its auxiliary does not maintain a permanent

12  state headquarters, then transactions involving sales or

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

14  the highest ranking state official are exempt from the tax

15  imposed by this part.

16         2.  The provisions of this section authorizing

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

18  applied in each category as follows:

19         a.  "Religious institutions" means churches,

20  synagogues, and established physical places for worship at

21  which nonprofit religious services and activities are

22  regularly conducted and carried on. The term "religious

23  institutions" includes nonprofit corporations the sole purpose

24  of which is to provide free transportation services to church

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

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

27  other governing or administrative offices the function of

28  which is to assist or regulate the customary activities of

29  religious organizations or members. The term "religious

30  institutions" also includes any nonprofit corporation which is

31  qualified as nonprofit pursuant to s. 501(c)(3), United States

                                  2

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                                                   HOUSE AMENDMENT

    hbd-05                                      Bill No. CS/HB 747

    Amendment No.     (for drafter's use only)





 1  Internal Revenue Code of 1986, as amended, which owns and

 2  operates a Florida television station, at least 90 percent of

 3  the programming of which station consists of programs of a

 4  religious nature, and the financial support for which,

 5  exclusive of receipts for broadcasting from other nonprofit

 6  organizations, is predominantly from contributions from the

 7  general public. The term "religious institutions" also

 8  includes any nonprofit corporation which is qualified as

 9  nonprofit pursuant to s. 501(c)(3), United States Internal

10  Revenue Code of 1986, as amended, which provides regular

11  religious services to Florida state prisoners and which from

12  its own established physical place of worship, operates a

13  ministry providing worship and services of a charitable nature

14  to the community on a weekly basis. The term "religious

15  institutions" also includes any nonprofit corporation which is

16  qualified as nonprofit pursuant to s. 501(c)(3), United States

17  Internal Revenue Code of 1986, as amended, the primary

18  activity of which is distribution of audio recordings of

19  religious scriptures to blind or visually impaired persons at

20  no charge.

21         b.  "Charitable institutions" means only nonprofit

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

23  United States Internal Revenue Code of 1954, as amended, and

24  other nonprofit entities, the sole or primary function of

25  which is to provide, or to raise funds for organizations which

26  provide, one or more of the following services if a reasonable

27  percentage of such service is provided free of charge, or at a

28  substantially reduced cost, to persons, animals, or

29  organizations that are unable to pay for such service:

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

31  disability;

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                                                   HOUSE AMENDMENT

    hbd-05                                      Bill No. CS/HB 747

    Amendment No.     (for drafter's use only)





 1         (II)  Regular provision of physical necessities such as

 2  food, clothing, or shelter;

 3         (III)  Services for the prevention of or rehabilitation

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

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

 6  health problems;

 7         (IV)  Social welfare services including adoption

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

 9  other social welfare services which clearly and substantially

10  benefit a client population which is disadvantaged or suffers

11  a hardship;

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

13  injury, or disability;

14         (VI)  Legal services; or

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

16  adoption services, cruelty investigations, or education

17  programs concerning animals;

18

19  and the term includes groups providing volunteer staff to

20  organizations designated as charitable institutions under this

21  sub-subparagraph; nonprofit organizations the sole or primary

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

23  institutions designated as charitable institutions under this

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

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

26  district, or other governing, coordinating, or administrative

27  organizations the sole or primary purpose of which is to

28  represent or regulate the customary activities of other

29  institutions designated as charitable institutions under this

30  sub-subparagraph.  Notwithstanding any other requirement of

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

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                                                   HOUSE AMENDMENT

    hbd-05                                      Bill No. CS/HB 747

    Amendment No.     (for drafter's use only)





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

 2  483, and that qualifies as tax exempt under s. 501(c)(3) of

 3  the Internal Revenue Code constitutes a charitable institution

 4  and is exempt from the tax imposed by this part.

 5         c.  "Scientific organizations" means scientific

 6  organizations which hold current exemptions from federal

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

 8  also means organizations the purpose of which is to protect

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

10  wildlife and which hold current exemptions from the federal

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

12         d.  "Educational institutions" means state

13  tax-supported or parochial, church and nonprofit private

14  schools, colleges, or universities which conduct regular

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

16  membership in, the Southern Association of Colleges and

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

18  Independent Schools, or the Florida Association of Christian

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

20  conduct regular classes and courses of study accepted for

21  continuing education credit by a Board of the Division of

22  Medical Quality Assurance of the Department of Business and

23  Professional Regulation or which conduct regular classes and

24  courses of study accepted for continuing education credit by

25  the American Medical Association. Nonprofit libraries, art

26  galleries, and museums open to the public are defined as

27  educational institutions and are eligible for exemption. The

28  term "educational institutions" includes private nonprofit

29  organizations the purpose of which is to raise funds for

30  schools teaching grades kindergarten through high school,

31  colleges, and universities. The term "educational

                                  5

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                                                   HOUSE AMENDMENT

    hbd-05                                      Bill No. CS/HB 747

    Amendment No.     (for drafter's use only)





 1  institutions" includes any nonprofit newspaper of free or paid

 2  circulation primarily on university or college campuses which

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

 4  501(c)(3) of the Internal Revenue Code, and any educational

 5  television or radio network or system established pursuant to

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

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

 8  which holds a current exemption from federal income tax under

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

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

11  other governing or administrative offices the function of

12  which is to assist or regulate the customary activities of

13  educational organizations or members. The term "educational

14  institutions" also includes a nonprofit educational cable

15  consortium which holds a current exemption from federal income

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

17  as amended, whose primary purpose is the delivery of

18  educational and instructional cable television programming and

19  whose members are composed exclusively of educational

20  organizations which hold a valid consumer certificate of

21  exemption and which are either an educational institution as

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

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

24  Code of 1986, as amended.

25         e.  "Veterans' organizations" means nationally

26  chartered or recognized veterans' organizations, including,

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

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

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

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

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

                                  6

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                                                   HOUSE AMENDMENT

    hbd-05                                      Bill No. CS/HB 747

    Amendment No.     (for drafter's use only)





 1  Internal Revenue Code.

 2

 3  (Renumber subsequent section)

 4

 5

 6  ================ T I T L E   A M E N D M E N T ===============

 7  And the title is amended as follows:

 8         On page 1, line(s) 8, after the semicolon

 9

10  insert:

11         amending s. 212.08, F.S.; including within the

12         definition of "religious institutions" for

13         exemption purposes certain nonprofit

14         corporations which distribute audio recordings

15         to blind or visually impaired persons;

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