House Bill 1933e1

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                                          HB 1933, First Engrossed



  1                      A bill to be entitled

  2         An act relating to the tax on sales, use, and

  3         other transactions; amending s. 212.08, F.S.;

  4         revising application of the exemption for

  5         nonprofit water systems; providing an exemption

  6         for sales or leases to certain nonprofit

  7         organizations that provide crime prevention,

  8         drunk driving prevention, or juvenile

  9         delinquency prevention services; providing an

10         exemption for sales or leases to the Florida

11         Fire and Emergency Services Foundation;

12         amending s. 265.289, F.S.; revising the

13         definition of state theater contract

14         organizations; revising and reenacting s.

15         212.08(7)(r), F.S., which provides a sales tax

16         exemption for such organizations, and s.

17         265.2901(2), F.S., which relates to disposition

18         of certain revenues of such organizations, to

19         incorporate the amendment to s. 265.289, F.S.,

20         in references thereto; providing an effective

21         date.

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

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25         Section 1.  Paragraph (aaa) of subsection (7) of

26  section 212.08, Florida Statutes, is amended, and paragraphs

27  (ggg) and (hhh) are added to said subsection, to read:

28         212.08  Sales, rental, use, consumption, distribution,

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

30  the rental, the use, the consumption, the distribution, and

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


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                                          HB 1933, First Engrossed



  1  following are hereby specifically exempt from the tax imposed

  2  by this chapter.

  3         (7)  MISCELLANEOUS EXEMPTIONS.--

  4         (aaa)  Nonprofit water systems.--Sales or leases to a

  5  not-for-profit corporation which holds a current exemption

  6  from federal income tax under s. 501(c)(4) or (12) of the

  7  Internal Revenue Code, as amended, are exempt from the tax

  8  imposed by this chapter if the sole or primary function of the

  9  corporation is to construct, maintain, or operate a water

10  system in this state.

11         (ggg)  Organizations providing crime prevention, drunk

12  driving prevention, or juvenile delinquency prevention

13  services.--Sales or leases to any nonprofit organization that

14  provides crime prevention services, drunk driving prevention

15  services, or juvenile delinquency prevention services that

16  benefit society as a whole are exempt from the tax imposed by

17  this chapter, if the organization holds a current exemption

18  from federal income tax under s. 501(c)(3) of the Internal

19  Revenue Code and the organization has as its sole or primary

20  purpose the provision of services that contribute to the

21  prevention of hardships caused by crime, drunk driving, or

22  juvenile delinquency.

23         (hhh)  Florida Fire and Emergency Services

24  Foundation.--Sales or leases to the Florida Fire and Emergency

25  Services Foundation are exempt from the tax imposed by this

26  chapter.

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28  Exemptions provided to any entity by this subsection shall not

29  inure to any transaction otherwise taxable under this chapter

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

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


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                                          HB 1933, First Engrossed



  1  check, or credit card even when that representative or

  2  employee is subsequently reimbursed by such entity.

  3         Section 2.  Subsection (1) of section 265.289, Florida

  4  Statutes, is amended to read:

  5         265.289  State theater contract organizations; audit

  6  information; admission fees.--

  7         (1)  DEFINITION.--For the purposes of this section, a

  8  "state theater contract organization" means an organization

  9  that:

10         (a)  Receives funding pursuant to the Cultural

11  Institutions Program authorized under s. 265.2861; or.

12         (b)  Received funding from the Department of State as a

13  state theater contract organization prior to October 1, 1990.

14         Section 3.  For the purpose of incorporating the

15  amendment to section 265.289, Florida Statutes, in a reference

16  thereto, paragraph (r) of subsection (7) of section 212.08,

17  Florida Statutes, is reenacted to read:

18         212.08  Sales, rental, use, consumption, distribution,

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

20  the rental, the use, the consumption, the distribution, and

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

22  following are hereby specifically exempt from the tax imposed

23  by this chapter.

24         (7)  MISCELLANEOUS EXEMPTIONS.--

25         (r)  State theater contract organizations.--Also exempt

26  from the tax imposed by this chapter are sales and leases to

27  nonprofit organizations incorporated in accordance with

28  chapter 617 which have qualified under s. 501(c)(3) of the

29  Internal Revenue Code of 1954, as amended, and which have been

30  designated as state theater contract organizations as provided

31  in s. 265.289 are exempt from the tax imposed by this chapter.


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                                          HB 1933, First Engrossed



  1

  2  Exemptions provided to any entity by this subsection shall not

  3  inure to any transaction otherwise taxable under this chapter

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

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

  6  check, or credit card even when that representative or

  7  employee is subsequently reimbursed by such entity.

  8         Section 4.  For the purpose of incorporating the

  9  amendment to section 265.289, Florida Statutes, in a reference

10  thereto, subsection (2) of section 265.2901, Florida Statutes,

11  is reenacted to read:

12         265.2901  Coconut Grove Playhouse Trust Fund.--

13         (2)  All revenue received by the Department of State as

14  a result of leasing the Coconut Grove Playhouse property in

15  Miami, Florida; from the granting of licenses for the use of

16  the property; or from the operation of licensed concessions on

17  the premises by anyone other than a state theater contract

18  organization as defined in this chapter shall be deposited

19  into the trust fund.

20         Section 5.  This act shall take effect July 1, 2000.

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