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





                                                   HOUSE AMENDMENT

                                                   Bill No. HB 537

    Amendment No. 001 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  The Committee on Finance & Taxation offered the following:

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13         Amendment (with title amendment) 

14         On page 1, lines 27-31 and

15         On page 2, lines 1-31, and

16         On page 3, lines 1-18,

17  remove from the bill:  all of said lines

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19  and insert in lieu thereof:

20  divisor is shall be equal to the sum of 1.0665 for beverage

21  items, 1.0645 for beverage and food items, or 1.0659 for other

22  items of tangible personal property, except that for counties

23  with a 0.5 percent sales surtax rate the divisor is shall be

24  equal to the sum of 1.0686 for beverage and food items or

25  1.0707 for beverages and other items of tangible personal

26  property, 1.0686 for food items; for counties with a 0.75

27  percent sales surtax rate the divisor is equal to the sum of

28  1.0706 for beverage and food items or 1.0727 for other items

29  of tangible personal property; for counties with a 1 percent

30  sales surtax rate the divisor is shall be equal to the sum of

31  1.0726 for beverage and food items or 1.0749 for beverages and

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    File original & 9 copies    04/16/99
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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 537

    Amendment No. 001 (for drafter's use only)





 1  other items of tangible personal property, or 1.0726 for food

 2  items; and for counties with a 1.5 percent sales surtax rate

 3  the divisor is shall be equal to the sum of 1.0767 for

 4  beverage and food items or 1.0791 for beverages and other

 5  items of tangible personal property or 1.0767 for food items.

 6  However, the amount of the tax to be paid on natural fluid

 7  milk, homogenized milk, pasteurized milk, whole milk,

 8  chocolate milk, or similar milk products, natural fruit

 9  juices, or natural vegetable juices shall be calculated using

10  the divisor that is specified for food items. If an operator

11  cannot account for each type of item sold through a vending

12  machine, the highest tax rate shall be used for all products

13  sold through that machine.

14         (5)(a)  Each operator who purchases food or beverages

15  for resale in vending machines shall annually provide to the

16  dealer from whom the items are purchased a certificate on a

17  form prescribed and issued by the department. The certificate

18  must affirmatively state that the purchaser is a vending

19  machine operator.  The certificate shall initially be provided

20  upon the first transaction between the parties and by November

21  1 of each year thereafter.

22         (b)  A penalty of $250 is imposed on any operator who

23  fails to comply with the requirements of this subsection or

24  who provides the dealer with false information.  Penalties

25  accrue interest as provided for delinquent taxes under this

26  chapter and apply in addition to all other applicable taxes,

27  interest, and penalties.

28         (5)(6)  The provisions of this section do not apply to

29  vending machines owned and operated by churches, synagogues,

30  or nonprofit or charitable organizations exempt pursuant to s.

31  212.08(7)(z).

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    File original & 9 copies    04/16/99
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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 537

    Amendment No. 001 (for drafter's use only)





 1         (6)(7)  In addition to any other penalties imposed by

 2  this chapter, a person who knowingly and willfully violates

 3  any provision of this section commits a misdemeanor of the

 4  second degree, punishable as provided in s. 775.082 or s.

 5  775.083.

 6         (7)(8)  The department may adopt rules necessary to

 7  administer the provisions of this section and may establish a

 8  schedule for phasing in the requirement that existing notices

 9  be replaced with revised notices displayed on vending

10  machines.

11         Section 2.  This act shall take effect July 1, 1999.

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

15  And the title is amended as follows:

16         On page 1, lines 4-6

17  remove from the title of the bill:  all of said lines

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19  and insert in lieu thereof:

20  revising the calculation of taxes on beverages sold from

21  vending machines;

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    File original & 9 copies    04/16/99
    hft0006                     04:12 pm         00537-ft  -424675