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





                                                  SENATE AMENDMENT

    Bill No. HB 15

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Ostalkiewicz moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 8, line 10, through

15            page 9, line 24, delete those lines

16

17  and insert:

18         (14)  TECHNICAL ASSISTANCE ADVISORY COMMITTEE.--The

19  department shall establish a technical assistance advisory

20  committee with public and private sector members, including

21  representatives of both manufacturers and retailers, to advise

22  the Department of Revenue and the Department of Health and

23  Rehabilitative Services in determining the taxability of

24  specific products and product lines pursuant to subsection (1)

25  and paragraph (2)(a).  In determining taxability and in

26  preparing a list of specific products and product lines that

27  which are or are not taxable, the committee shall not be

28  subject to the provisions of chapter 120. Private sector

29  members shall not be compensated for serving on the committee.

30         Section 2.  Subsection (1) of section 213.22, Florida

31  Statutes, is amended to read:

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                                                  SENATE AMENDMENT

    Bill No. HB 15

    Amendment No.    





 1         213.22  Technical assistance advisements.--

 2         (1)  The department may issue informal technical

 3  assistance advisements to persons, upon written request, as to

 4  the position of the department on the tax consequences of a

 5  stated transaction or event, under existing statutes, rules,

 6  or policies. After the issuance of an assessment, a technical

 7  assistance advisement may not be issued to a taxpayer who

 8  requests an advisement relating to the tax or liability for

 9  tax in respect to which the assessment has been made, except

10  that a technical assistance advisement may be issued to a

11  taxpayer who requests an advisement relating to the exemptions

12  in s. 212.08(1) or (2) at any time. Technical assistance

13  advisements shall have no precedential value except to the

14  taxpayer who requests the advisement and then only for the

15  specific transaction addressed in the technical assistance

16  advisement, unless specifically stated otherwise in the

17  advisement.  Any modification of an advisement shall be

18  prospective only.  A technical assistance advisement is not an

19  order issued pursuant to s. 120.565 or s. 120.569 or a rule or

20  policy of general applicability under s. 120.54.  The

21  provisions of s. 120.53(1) are not applicable to technical

22  assistance advisements.

23

24  (Redesignate subsequent sections.)

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26

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

28  And the title is amended as follows:

29         On page 1, lines 15-23, delete those lines

30

31  and insert:

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                                                  SENATE AMENDMENT

    Bill No. HB 15

    Amendment No.    





 1         membership requirements; amending s. 213.22,

 2         F.S.; providing for the issuance of technical

 3         assistance advisements; providing an effective

 4         date.

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