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





                                                   HOUSE AMENDMENT

    288-215AX-05                                  Bill No. HB 1947

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Rayson offered the following:

12

13         Amendment (with title amendment) 

14         On page 3, line 21, of the bill

15

16  insert:

17         Section 1.  Paragraph (o) of subsection (7) of section

18  212.08, Florida Statutes, 1998 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 chapter.

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

29  chapter transactions involving:

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

31  leases of tangible personal property by churches;

                                  1

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                                                   HOUSE AMENDMENT

    288-215AX-05                                  Bill No. HB 1947

    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 chapter.

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), Internal

                                  2

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                                                   HOUSE AMENDMENT

    288-215AX-05                                  Bill No. HB 1947

    Amendment No.     (for drafter's use only)





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

 2  Florida television station, at least 90 percent of the

 3  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), Internal Revenue Code of

10  1986, as amended, which provides regular religious services to

11  Florida state prisoners and which from its own established

12  physical place of worship, operates a ministry providing

13  worship and services of a charitable nature to the community

14  on a weekly basis.  The term "religious institutions" also

15  includes any nonprofit corporation which is qualified as

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

17  1986, as amended, the primary activity of which is making and

18  distributing audio recordings of religious scriptures and

19  teachings to blind or visually impaired persons at no charge.

20  The term "religious institutions" also includes any nonprofit

21  corporation that is qualified as nonprofit pursuant to s.

22  501(c)(3), Internal Revenue Code of 1986, as amended, the sole

23  or primary function of which is to provide, upon invitation,

24  nonprofit religious services, evangelistic services, religious

25  education, administration assistance, or missionary assistance

26  for a church, synagogue, or established physical place of

27  worship at which nonprofit religious services and activities

28  are regularly conducted.

29         b.  "Charitable institutions" means only nonprofit

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

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

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                                                   HOUSE AMENDMENT

    288-215AX-05                                  Bill No. HB 1947

    Amendment No.     (for drafter's use only)





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

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

 3  of the following services if a reasonable percentage of such

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

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

 6  unable to pay for such service:

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

 8  disability;

 9         (II)  Regular provision of physical necessities such as

10  food, clothing, or shelter;

11         (III)  Services for the prevention of or rehabilitation

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

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

14  health problems;

15         (IV)  Social welfare services including adoption

16  placement, child care, community care for the elderly,

17  consumer credit counseling, and other social welfare services

18  which clearly and substantially benefit a client population

19  which is disadvantaged or suffers a hardship;

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

21  injury, or disability;

22         (VI)  Legal services; or

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

24  adoption services, cruelty investigations, or education

25  programs concerning animals;

26

27  and the term includes groups providing volunteer staff to

28  organizations designated as charitable institutions under this

29  sub-subparagraph; nonprofit organizations the sole or primary

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

31  institutions designated as charitable institutions under this

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                                                   HOUSE AMENDMENT

    288-215AX-05                                  Bill No. HB 1947

    Amendment No.     (for drafter's use only)





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

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

 3  district, or other governing, coordinating, or administrative

 4  organizations the sole or primary purpose of which is to

 5  represent or regulate the customary activities of other

 6  institutions designated as charitable institutions under this

 7  sub-subparagraph.  Notwithstanding any other requirement of

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

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

10  483, and that qualifies as tax exempt under s. 501(c)(3) of

11  the Internal Revenue Code constitutes a charitable institution

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

13  health system foundation, qualified as nonprofit pursuant to

14  s. 501(c)(3), Internal Revenue Code of 1986, as amended, which

15  filed an application for exemption with the department prior

16  to November 15, 1997, and which application is subsequently

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

18  made from November 14, 1990, to December 31, 1997.

19         c.  "Scientific organizations" means scientific

20  organizations which hold current exemptions from federal

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

22  also means organizations the purpose of which is to protect

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

24  wildlife and which hold current exemptions from the federal

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

26         d.  "Educational institutions" means state

27  tax-supported or parochial, church and nonprofit private

28  schools, colleges, or universities which conduct regular

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

30  membership in, the Southern Association of Colleges and

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

                                  5

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                                                   HOUSE AMENDMENT

    288-215AX-05                                  Bill No. HB 1947

    Amendment No.     (for drafter's use only)





 1  Independent Schools, or the Florida Association of Christian

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

 3  conduct regular classes and courses of study accepted for

 4  continuing education credit by a board of the Division of

 5  Medical Quality Assurance of the Department of Health or which

 6  conduct regular classes and courses of study accepted for

 7  continuing education credit by the American Medical

 8  Association. Nonprofit libraries, art galleries, performing

 9  arts centers that provide educational programs to school

10  children, which programs involve performances or other

11  educational activities at the performing arts center and serve

12  a minimum of 50,000 school children a year, and museums open

13  to the public are defined as educational institutions and are

14  eligible for exemption. The term "educational institutions"

15  includes private nonprofit organizations the purpose of which

16  is to raise funds for schools teaching grades kindergarten

17  through high school, colleges, and universities. The term

18  "educational institutions" includes any nonprofit newspaper of

19  free or paid circulation primarily on university or college

20  campuses which holds a current exemption from federal income

21  tax under s. 501(c)(3) of the Internal Revenue Code, and any

22  educational television or radio network or system established

23  pursuant to s. 229.805 or s. 229.8051 and any nonprofit

24  television or radio station which is a part of such network or

25  system and which holds a current exemption from federal income

26  tax under s. 501(c)(3) of the Internal Revenue Code. The term

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

28  other governing or administrative offices the function of

29  which is to assist or regulate the customary activities of

30  educational organizations or members. The term "educational

31  institutions" also includes a nonprofit educational cable

                                  6

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                                                   HOUSE AMENDMENT

    288-215AX-05                                  Bill No. HB 1947

    Amendment No.     (for drafter's use only)





 1  consortium which holds a current exemption from federal income

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

 3  as amended, whose primary purpose is the delivery of

 4  educational and instructional cable television programming and

 5  whose members are composed exclusively of educational

 6  organizations which hold a valid consumer certificate of

 7  exemption and which are either an educational institution as

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

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

10  Code of 1986, as amended.

11         e.  "Veterans' organizations" means nationally

12  chartered or recognized veterans' organizations, including,

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

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

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

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

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

18  Internal Revenue Code.

19

20  Exemptions provided to any entity by this subsection shall not

21  inure to any transaction otherwise taxable under this chapter

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

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

24  check, or credit card even when that representative or

25  employee is subsequently reimbursed by such entity.

26

27

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

29  And the title is amended as follows:

30         On page 1, line 2, after the semicolon

31

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                                                   HOUSE AMENDMENT

    288-215AX-05                                  Bill No. HB 1947

    Amendment No.     (for drafter's use only)





 1  insert:

 2         amending s. 212.08, F.S.; including nonprofit

 3         corporations that provide consumer credit

 4         counseling in the definition of "charitable

 5         institutions" for purposes of the sales tax

 6         exemption granted to such institutions;

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