HOUSE AMENDMENT

                                                   Bill No. HB 265

    Amendment No. 1 (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 Real Property & Probate offered the

12  following:

13

14         Amendment (with title amendment) 

15         On page 1, line 26 through page 2, line 8,

16  remove from the bill:  all of said lines

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18  and insert in lieu thereof:  operated to attract customers.

19  Payments for intrinsically valuable personal property such as

20  franchises, trademarks, service marks, logos, or patents are

21  not subject to tax under this section.  In the case of a

22  contractual arrangement that provides for both payments

23  taxable as total rent or license fee and payments not subject

24  to tax, the tax shall be based on a reasonable allocation of

25  such payments and shall not apply to that portion which is for

26  the nontaxable payments.  For purposes of this paragraph, the

27  term "total rent or license fee" does not include the

28  following items, provided that the charge by the lessor or

29  licensor for each such item is separately stated or the lessee

30  or licensee pays for the item directly to a third party:

31         1.  Ad valorem taxes.

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    File original & 9 copies    02/22/00
    hrp0004                     12:46 pm         00265-rpp -665577




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 265

    Amendment No. 1 (for drafter's use only)





 1         2.  Insurance.

 2         3.  The lessee's or licensee's proportionate share of

 3  common area maintenance charges. For purposes of this

 4  paragraph, "common area maintenance charges" are the total

 5  costs and expenses incurred in operating, maintaining, and

 6  repairing the common area facilities, including all real

 7  property that is dedicated for the use, enjoyment, or benefit

 8  of all lessees or licensees, but does not include real

 9  property in the exclusive possession of the lessor, licensor,

10  lessee, or licensee.

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12

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

14  And the title is amended as follows:

15         On page 1, lines 2 through 6,

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

17

18  and insert in lieu thereof:

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

20         other transactions; amending s. 212.031, F.S.;

21         providing an exemption to the tax on lease or

22         rental of or license in real property for

23         payments for ad valorem taxes, insurance, or

24         common area maintenance charges; providing an

25         effective date.

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    File original & 9 copies    02/22/00
    hrp0004                     12:46 pm         00265-rpp -665577