HOUSE AMENDMENT
    hbd-05                                         Bill No. HB 163   Barcode 540809
    Amendment No. 1 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  The Fiscal Responsibility Council offered the following:
12  
13         Substitute Amendment for Amendment (531099) (with title
14  amendment) 
15         On page 1, line 13,
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17  insert:  
18         Section 1.  Paragraph (a) of subsection (2) of section
19  212.04, Florida Statutes, is amended to read:
20         212.04  Admissions tax; rate, procedure, enforcement.--
21         (2)
22         (a)1.  No tax shall be levied on admissions to athletic
23  or other events sponsored by elementary schools, junior high
24  schools, middle schools, high schools, community colleges,
25  public or private colleges and universities, deaf and blind
26  schools, facilities of the youth services programs of the
27  Department of Children and Family Services, and state
28  correctional institutions when only student, faculty, or
29  inmate talent is used. However, this exemption shall not apply
30  to admission to athletic events sponsored by an institution
31  within the State University System, and the proceeds of the
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    File original & 9 copies    04/06/01                          
    hbd0016                     11:04 am         00163-frc -540809

HOUSE AMENDMENT hbd-05 Bill No. HB 163 Barcode 540809 Amendment No. 1 (for drafter's use only) 1 tax collected on such admissions shall be retained and used by 2 each institution to support women's athletics as provided in 3 s. 240.533(3)(c). 4 2.a. No tax shall be levied on dues, membership fees, 5 and admission charges imposed by not-for-profit sponsoring 6 organizations. To receive this exemption, the sponsoring 7 organization must qualify as a not-for-profit entity under the 8 provisions of s. 501(c)(3) of the Internal Revenue Code of 9 1954, as amended. 10 b. No tax shall be levied on admission charges to an 11 event sponsored by a governmental entity, sports authority, or 12 sports commission when held in a convention hall, exhibition 13 hall, auditorium, stadium, theater, arena, civic center, 14 performing arts center, or publicly owned recreational 15 facility and when 100 percent of the risk of success or 16 failure lies with the sponsor of the event and 100 percent of 17 the funds at risk for the event belong to the sponsor, and 18 student or faculty talent is not exclusively used. As used in 19 this sub-subparagraph, the terms "sports authority" and 20 "sports commission" mean a nonprofit organization that is 21 exempt from federal income tax under s. 501(c)(3) of the 22 Internal Revenue Code and that contracts with a county or 23 municipal government for the purpose of promoting and 24 attracting sports-tourism events to the community with which 25 it contracts. 26 3. No tax shall be levied on an admission paid by a 27 student, or on the student's behalf, to any required place of 28 sport or recreation if the student's participation in the 29 sport or recreational activity is required as a part of a 30 program or activity sponsored by, and under the jurisdiction 31 of, the student's educational institution, provided his or her 2 File original & 9 copies 04/06/01 hbd0016 11:04 am 00163-frc -540809
HOUSE AMENDMENT hbd-05 Bill No. HB 163 Barcode 540809 Amendment No. 1 (for drafter's use only) 1 attendance is as a participant and not as a spectator. 2 4. No tax shall be levied on admissions to the 3 National Football League championship game, on admissions to 4 any semifinal game or championship game of a national 5 collegiate tournament, or on admissions to a Major League 6 Baseball all-star game, on admissions to tournament games that 7 are played for the purposes of qualifying for the championship 8 game of a national collegiate tournament, or on admissions to 9 tournament games that are played in any collegiate athletic 10 end-of-season tournament that determines a collegiate athletic 11 conference champion. 12 5. A participation fee or sponsorship fee imposed by a 13 governmental entity as described in s. 212.08(6) for an 14 athletic or recreational program is exempt when the 15 governmental entity by itself, or in conjunction with an 16 organization exempt under s. 501(c)(3) of the Internal Revenue 17 Code of 1954, as amended, sponsors, administers, plans, 18 supervises, directs, and controls the athletic or recreational 19 program. 20 6. Also exempt from the tax imposed by this section to 21 the extent provided in this subparagraph are admissions to 22 live theater, live opera, or live ballet productions in this 23 state which are sponsored by an organization that has received 24 a determination from the Internal Revenue Service that the 25 organization is exempt from federal income tax under s. 26 501(c)(3) of the Internal Revenue Code of 1954, as amended, if 27 the organization actively participates in planning and 28 conducting the event, is responsible for the safety and 29 success of the event, is organized for the purpose of 30 sponsoring live theater, live opera, or live ballet 31 productions in this state, has more than 10,000 subscribing 3 File original & 9 copies 04/06/01 hbd0016 11:04 am 00163-frc -540809
HOUSE AMENDMENT hbd-05 Bill No. HB 163 Barcode 540809 Amendment No. 1 (for drafter's use only) 1 members and has among the stated purposes in its charter the 2 promotion of arts education in the communities which it 3 serves, and will receive at least 20 percent of the net 4 profits, if any, of the events which the organization sponsors 5 and will bear the risk of at least 20 percent of the losses, 6 if any, from the events which it sponsors if the organization 7 employs other persons as agents to provide services in 8 connection with a sponsored event. Prior to March 1 of each 9 year, such organization may apply to the department for a 10 certificate of exemption for admissions to such events 11 sponsored in this state by the organization during the 12 immediately following state fiscal year. The application shall 13 state the total dollar amount of admissions receipts collected 14 by the organization or its agents from such events in this 15 state sponsored by the organization or its agents in the year 16 immediately preceding the year in which the organization 17 applies for the exemption. Such organization shall receive the 18 exemption only to the extent of $1.5 million multiplied by the 19 ratio that such receipts bear to the total of such receipts of 20 all organizations applying for the exemption in such year; 21 however, in no event shall such exemption granted to any 22 organization exceed 6 percent of such admissions receipts 23 collected by the organization or its agents in the year 24 immediately preceding the year in which the organization 25 applies for the exemption. Each organization receiving the 26 exemption shall report each month to the department the total 27 admissions receipts collected from such events sponsored by 28 the organization during the preceding month and shall remit to 29 the department an amount equal to 6 percent of such receipts 30 reduced by any amount remaining under the exemption. Tickets 31 for such events sold by such organizations shall not reflect 4 File original & 9 copies 04/06/01 hbd0016 11:04 am 00163-frc -540809
HOUSE AMENDMENT hbd-05 Bill No. HB 163 Barcode 540809 Amendment No. 1 (for drafter's use only) 1 the tax otherwise imposed under this section. 2 7. Also exempt from the tax imposed by this section 3 are entry fees for participation in freshwater fishing 4 tournaments. 5 8. Also exempt from the tax imposed by this section 6 are participation or entry fees charged to participants in a 7 game, race, or other sport or recreational event if spectators 8 are charged a taxable admission to such event. 9 9. No tax shall be levied on admissions to any 10 postseason collegiate football game sanctioned by the National 11 Collegiate Athletic Association. 12 Section 2. Effective July 1, 2003, paragraph (a) of 13 subsection (2) of section 212.04, Florida Statutes, as amended 14 by chapter 2000-345, Laws of Florida, is amended to read: 15 212.04 Admissions tax; rate, procedure, enforcement.-- 16 (2) 17 (a)1. No tax shall be levied on admissions to athletic 18 or other events sponsored by elementary schools, junior high 19 schools, middle schools, high schools, community colleges, 20 public or private colleges and universities, deaf and blind 21 schools, facilities of the youth services programs of the 22 Department of Children and Family Services, and state 23 correctional institutions when only student, faculty, or 24 inmate talent is used. However, this exemption shall not apply 25 to admission to athletic events sponsored by an institution 26 within the State University System, and the proceeds of the 27 tax collected on such admissions shall be retained and used by 28 each institution to support women's athletics as provided in 29 s. 240.533(3)(c). 30 2. No tax shall be levied on dues, membership fees, 31 and admission charges imposed by not-for-profit sponsoring 5 File original & 9 copies 04/06/01 hbd0016 11:04 am 00163-frc -540809
HOUSE AMENDMENT hbd-05 Bill No. HB 163 Barcode 540809 Amendment No. 1 (for drafter's use only) 1 organizations. To receive this exemption, the sponsoring 2 organization must qualify as a not-for-profit entity under the 3 provisions of s. 501(c)(3) of the Internal Revenue Code of 4 1954, as amended. 5 3. No tax shall be levied on an admission paid by a 6 student, or on the student's behalf, to any required place of 7 sport or recreation if the student's participation in the 8 sport or recreational activity is required as a part of a 9 program or activity sponsored by, and under the jurisdiction 10 of, the student's educational institution, provided his or her 11 attendance is as a participant and not as a spectator. 12 4. No tax shall be levied on admissions to the 13 National Football League championship game, on admissions to 14 any semifinal game or championship game of a national 15 collegiate tournament, or on admissions to a Major League 16 Baseball all-star game, on admissions to tournament games that 17 are played for the purposes of qualifying for the championship 18 game of a national collegiate tournament, or on admissions to 19 tournament games that are played in any collegiate athletic 20 end-of-season tournament that determines a collegiate athletic 21 conference champion. 22 5. A participation fee or sponsorship fee imposed by a 23 governmental entity as described in s. 212.08(6) for an 24 athletic or recreational program is exempt when the 25 governmental entity by itself, or in conjunction with an 26 organization exempt under s. 501(c)(3) of the Internal Revenue 27 Code of 1954, as amended, sponsors, administers, plans, 28 supervises, directs, and controls the athletic or recreational 29 program. 30 6. Also exempt from the tax imposed by this section to 31 the extent provided in this subparagraph are admissions to 6 File original & 9 copies 04/06/01 hbd0016 11:04 am 00163-frc -540809
HOUSE AMENDMENT hbd-05 Bill No. HB 163 Barcode 540809 Amendment No. 1 (for drafter's use only) 1 live theater, live opera, or live ballet productions in this 2 state which are sponsored by an organization that has received 3 a determination from the Internal Revenue Service that the 4 organization is exempt from federal income tax under s. 5 501(c)(3) of the Internal Revenue Code of 1954, as amended, if 6 the organization actively participates in planning and 7 conducting the event, is responsible for the safety and 8 success of the event, is organized for the purpose of 9 sponsoring live theater, live opera, or live ballet 10 productions in this state, has more than 10,000 subscribing 11 members and has among the stated purposes in its charter the 12 promotion of arts education in the communities which it 13 serves, and will receive at least 20 percent of the net 14 profits, if any, of the events which the organization sponsors 15 and will bear the risk of at least 20 percent of the losses, 16 if any, from the events which it sponsors if the organization 17 employs other persons as agents to provide services in 18 connection with a sponsored event. Prior to March 1 of each 19 year, such organization may apply to the department for a 20 certificate of exemption for admissions to such events 21 sponsored in this state by the organization during the 22 immediately following state fiscal year. The application shall 23 state the total dollar amount of admissions receipts collected 24 by the organization or its agents from such events in this 25 state sponsored by the organization or its agents in the year 26 immediately preceding the year in which the organization 27 applies for the exemption. Such organization shall receive the 28 exemption only to the extent of $1.5 million multiplied by the 29 ratio that such receipts bear to the total of such receipts of 30 all organizations applying for the exemption in such year; 31 however, in no event shall such exemption granted to any 7 File original & 9 copies 04/06/01 hbd0016 11:04 am 00163-frc -540809
HOUSE AMENDMENT hbd-05 Bill No. HB 163 Barcode 540809 Amendment No. 1 (for drafter's use only) 1 organization exceed 6 percent of such admissions receipts 2 collected by the organization or its agents in the year 3 immediately preceding the year in which the organization 4 applies for the exemption. Each organization receiving the 5 exemption shall report each month to the department the total 6 admissions receipts collected from such events sponsored by 7 the organization during the preceding month and shall remit to 8 the department an amount equal to 6 percent of such receipts 9 reduced by any amount remaining under the exemption. Tickets 10 for such events sold by such organizations shall not reflect 11 the tax otherwise imposed under this section. 12 7. Also exempt from the tax imposed by this section 13 are entry fees for participation in freshwater fishing 14 tournaments. 15 8. Also exempt from the tax imposed by this section 16 are participation or entry fees charged to participants in a 17 game, race, or other sport or recreational event if spectators 18 are charged a taxable admission to such event. 19 9. No tax shall be levied on admissions to any 20 postseason collegiate football game sanctioned by the National 21 Collegiate Athletic Association. 22 23 24 ================ T I T L E A M E N D M E N T =============== 25 And the title is amended as follows: 26 On page 1, line 3, after "transactions;" 27 28 insert: 29 amending s. 212.04, F.S.; providing an 30 exemption for admissions to tournament games 31 played for the purpose of qualifying for a 8 File original & 9 copies 04/06/01 hbd0016 11:04 am 00163-frc -540809
HOUSE AMENDMENT hbd-05 Bill No. HB 163 Barcode 540809 Amendment No. 1 (for drafter's use only) 1 national collegiate championship game or played 2 in a collegiate athletic conference 3 championship tournament; 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 9 File original & 9 copies 04/06/01 hbd0016 11:04 am 00163-frc -540809