SENATE AMENDMENT
    Bill No. CS for CS for SB 1776
    Amendment No. ___   Barcode 480790
                            CHAMBER ACTION
              Senate                               House
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       04/29/2003 03:06 PM         .                    
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11  Senator Bennett moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 31, line 5, through
15            page 42, line 23, delete those lines
16  
17  and insert:  
18         Section 6.  Subsections (1) and (2) of section 212.08,
19  Florida Statutes, are amended and paragraph (ccc) is added to
20  subsection (7) of that section, to read:
21         212.08  Sales, rental, use, consumption, distribution,
22  and storage tax; specified exemptions.--The sale at retail,
23  the rental, the use, the consumption, the distribution, and
24  the storage to be used or consumed in this state of the
25  following are hereby specifically exempt from the tax imposed
26  by this chapter.
27         (1)  EXEMPTIONS; GENERAL GROCERIES.--
28         (a)  Food and food ingredients products for human
29  consumption are exempt from the tax imposed by this chapter.
30         (b)  For the purpose of this chapter, as used in this
31  subsection, the term "food and food ingredients products"
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SENATE AMENDMENT Bill No. CS for CS for SB 1776 Amendment No. ___ Barcode 480790 1 means substances, whether in liquid, concentrated, solid, 2 frozen, dried, or dehydrated form, which are sold for 3 ingestion or chewing by humans and are consumed for their 4 taste or nutritional value edible commodities, whether 5 processed, cooked, raw, canned, or in any other form, which 6 are generally regarded as food. This includes, but is not 7 limited to, all of the following: 8 1. Cereals and cereal products, baked goods, 9 oleomargarine, meat and meat products, fish and seafood 10 products, frozen foods and dinners, poultry, eggs and egg 11 products, vegetables and vegetable products, fruit and fruit 12 products, spices, salt, sugar and sugar products, milk and 13 dairy products, and products intended to be mixed with milk. 14 2. Natural fruit or vegetable juices or their 15 concentrates or reconstituted natural concentrated fruit or 16 vegetable juices, whether frozen or unfrozen, dehydrated, 17 powdered, granulated, sweetened or unsweetened, seasoned with 18 salt or spice, or unseasoned; coffee, coffee substitutes, or 19 cocoa; and tea, unless it is sold in a liquid form. 20 1.3. Bakery products sold by bakeries, pastry shops, 21 or like establishments, if sold without eating utensils. 22 Bakery products for purposes of this subsection include bread, 23 rolls, buns, biscuits, bagels, croissants, pastries, 24 doughnuts, danish, cakes, tortes, pies, tarts, muffins, bars, 25 cookies, and tortillas that do not have eating facilities. 26 2. Dietary supplements. The term "dietary supplements" 27 means any product, other than tobacco, intended to supplement 28 the diet that contains one or more of the following dietary 29 ingredients: a vitamin; a mineral; an herb or other botanical; 30 an amino acid; a dietary substance for use by humans to 31 supplement the diet by increasing the total dietary intake; or 2 3:58 PM 04/25/03 s1776c2c-21c3t
SENATE AMENDMENT Bill No. CS for CS for SB 1776 Amendment No. ___ Barcode 480790 1 a concentrate, metabolite, constituent, extract, or 2 combination of any ingredient described in this subparagraph 3 which is intended for ingestion in tablet, capsule, powder, 4 softgel, gelcap, or liquid form or, if not intended for 5 ingestion in such a form, is not represented as conventional 6 food and is not represented for use as a sole item of a meal 7 or of the diet; and which is required to be labeled as a 8 dietary supplement, identifiable by the "supplemental facts" 9 box found on the label and as required pursuant to 21 C.F.R. 10 s. 101.36. 11 (c) The exemption provided by this subsection does not 12 apply: 13 1. When the food products are sold as meals for 14 consumption on or off the premises of the dealer. 15 2. When the food products are furnished, prepared, or 16 served for consumption at tables, chairs, or counters or from 17 trays, glasses, dishes, or other tableware, whether provided 18 by the dealer or by a person with whom the dealer contracts to 19 furnish, prepare, or serve food products to others. 20 3. When the food products are ordinarily sold for 21 immediate consumption on the seller's premises or near a 22 location at which parking facilities are provided primarily 23 for the use of patrons in consuming the products purchased at 24 the location, even though such products are sold on a "take 25 out" or "to go" order and are actually packaged or wrapped and 26 taken from the premises of the dealer. 27 4. To sandwiches sold ready for immediate consumption 28 on or off the seller's premises. 29 5. When the food products are sold ready for immediate 30 consumption within a place, the entrance to which is subject 31 to an admission charge. 3 3:58 PM 04/25/03 s1776c2c-21c3t
SENATE AMENDMENT Bill No. CS for CS for SB 1776 Amendment No. ___ Barcode 480790 1 1.6. When the food and food ingredients products are 2 sold as hot prepared food products. 3 2.7. To soft drinks, which include, but are not 4 limited to, any nonalcoholic beverage, any preparation or 5 beverage commonly referred to as a "soft drink," or any 6 noncarbonated drink made from milk derivatives or tea, when 7 sold in cans or similar containers. The term "soft drinks" 8 means nonalcoholic beverages that contain natural or 9 artificial sweeteners. Soft drinks do not include beverages 10 that contain milk or milk products, soy, rice, or similar milk 11 substitutes, or greater than 50 percent of vegetable or fruit 12 juice by volume. 13 8. To ice cream, frozen yogurt, and similar frozen 14 dairy or nondairy products in cones, small cups, or pints, 15 popsicles, frozen fruit bars, or other novelty items, whether 16 or not sold separately. 17 9. To food prepared, whether on or off the premises, 18 and sold for immediate consumption. This does not apply to 19 food prepared off the premises and sold in the original sealed 20 container, or the slicing of products into smaller portions. 21 3.10. When the food and food ingredients products are 22 sold through a vending machine, pushcart, motor vehicle, or 23 any other form of vehicle. 24 4.11. To candy and any similar product regarded as 25 candy or confection, based on its normal use, as indicated on 26 the label or advertising thereof. The term "candy" means a 27 preparation of sugar, honey, or other natural or artificial 28 sweeteners in combination with chocolate, fruits, nuts, or 29 other ingredients or flavorings in the form of bars, drops, or 30 pieces. Candy does not include any preparation that contains 31 flour and requires no refrigeration. 4 3:58 PM 04/25/03 s1776c2c-21c3t
SENATE AMENDMENT Bill No. CS for CS for SB 1776 Amendment No. ___ Barcode 480790 1 12. To bakery products sold by bakeries, pastry shops, 2 or like establishments that have eating facilities, except 3 when sold for consumption off the seller's premises. 4 13. When food products are served, prepared, or sold 5 in or by restaurants, lunch counters, cafeterias, hotels, 6 taverns, or other like places of business. 7 5. To tobacco. 8 (d) As used in this subsection, the term: 9 1. "For consumption off the seller's premises" means 10 that the food or drink is intended by the customer to be 11 consumed at a place away from the dealer's premises. 12 2. "For consumption on the seller's premises" means 13 that the food or drink sold may be immediately consumed on the 14 premises where the dealer conducts his or her business. In 15 determining whether an item of food is sold for immediate 16 consumption, there shall be considered the customary 17 consumption practices prevailing at the selling facility. 18 3. "Premises" shall be construed broadly, and means, 19 but is not limited to, the lobby, aisle, or auditorium of a 20 theater; the seating, aisle, or parking area of an arena, 21 rink, or stadium; or the parking area of a drive-in or outdoor 22 theater. The premises of a caterer with respect to catered 23 meals or beverages shall be the place where such meals or 24 beverages are served. 25 1.4. "Hot Prepared food products" means food sold in a 26 heated state or heated by the seller; two or more food 27 ingredients mixed or combined by the seller for sale as a 28 single item; or food sold with eating utensils provided by the 29 seller, including plates, knives, forks, spoons, glasses, 30 cups, napkins, or straws. A plate does not include a container 31 or packaging used to transport the food. Prepared food does 5 3:58 PM 04/25/03 s1776c2c-21c3t
SENATE AMENDMENT Bill No. CS for CS for SB 1776 Amendment No. ___ Barcode 480790 1 not include food that is only cut, repackaged, or pasteurized 2 by the seller and eggs, fish, meat, poultry, and foods 3 containing these raw animal foods requiring cooking by the 4 consumer as recommended by the Food and Drug Administration in 5 chapter 3, part 401.11 of its food code so as to prevent food 6 borne illnesses. "Prepared food" for purposes of this 7 subsection includes sandwiches sold for immediate consumption, 8 and those products, items, or components which have been 9 prepared for sale in a heated condition and which are sold at 10 any temperature that is higher than the air temperature of the 11 room or place where they are sold. "Hot prepared food 12 products," for the purposes of this subsection, includes a 13 combination of hot and cold food items or components where a 14 single price has been established for the combination and the 15 food products are sold in such combination, such as a hot 16 meal, a hot specialty dish or serving, or a hot sandwich or 17 hot pizza, or ice cream cones or sundaes, or food sold in an 18 unheated state by weight or volume as a single item, including 19 cold components or side items. 20 (e)1. Food or drinks not exempt under paragraphs (a), 21 (b), (c), and (d) shall be exempt, notwithstanding those 22 paragraphs, when purchased with food coupons or Special 23 Supplemental Food Program for Women, Infants, and Children 24 vouchers issued under authority of federal law. 25 2. This paragraph is effective only while federal law 26 prohibits a state's participation in the federal food coupon 27 program or Special Supplemental Food Program for Women, 28 Infants, and Children if there is an official determination 29 that state or local sales taxes are collected within that 30 state on purchases of food or drinks with such coupons. 31 3. This paragraph shall not apply to any food or 6 3:58 PM 04/25/03 s1776c2c-21c3t
SENATE AMENDMENT Bill No. CS for CS for SB 1776 Amendment No. ___ Barcode 480790 1 drinks on which federal law shall permit sales taxes without 2 penalty, such as termination of the state's participation. 3 (f) "Dietary supplements" that are sold as prepared 4 food are not exempt. 5 (2) EXEMPTIONS; MEDICAL.-- 6 (a) There shall be exempt from the tax imposed by this 7 chapter: 8 1. Any drug; 9 2. Durable medical equipment, mobility enhancing 10 equipment, or prosthetic device any medical products and 11 supplies or medicine dispensed according to an individual 12 prescription or prescriptions written by a prescriber 13 authorized by law to prescribe medicinal drugs; 14 3. Hypodermic needles; hypodermic syringes; 15 4. Chemical compounds and test kits used for the 16 diagnosis or treatment of human disease, illness, or injury 17 intended for one-time use; 18 5. Over-the-counter drugs and common household 19 remedies recommended and generally sold for internal or 20 external use in the cure, mitigation, treatment, or prevention 21 of illness or disease in human beings, but not including 22 grooming and hygiene products; 23 6. Bandaids, gauze, bandages, adhesive tape; 24 7. Hearing aids; 25 8. Dental prosthesis; or 26 9. Funerals. 27 28 Funeral directors shall pay tax on all tangible personal 29 property used by them in their business. cosmetics or toilet 30 articles, notwithstanding the presence of medicinal 31 ingredients therein, according to a list prescribed and 7 3:58 PM 04/25/03 s1776c2c-21c3t
SENATE AMENDMENT Bill No. CS for CS for SB 1776 Amendment No. ___ Barcode 480790 1 approved by the Department of Health, which list shall be 2 certified to the Department of Revenue from time to time and 3 included in the rules promulgated by the Department of 4 Revenue. There shall also be exempt from the tax imposed by 5 this chapter artificial eyes and limbs; orthopedic shoes; 6 prescription eyeglasses and items incidental thereto or which 7 become a part thereof; dentures; hearing aids; crutches; 8 prosthetic and orthopedic appliances; and funerals. In 9 addition, any items intended for one-time use which transfer 10 essential optical characteristics to contact lenses shall be 11 exempt from the tax imposed by this chapter; however, this 12 exemption shall apply only after $100,000 of the tax imposed 13 by this chapter on such items has been paid in any calendar 14 year by a taxpayer who claims the exemption in such year. 15 Funeral directors shall pay tax on all tangible personal 16 property used by them in their business. 17 (b) For the purposes of this subsection, the term: 18 1. "Drug" means a compound, substance, or preparation, 19 and any component of a compound, substance, or preparation, 20 other than food and food ingredients, dietary supplements, and 21 alcoholic beverages, which is: 22 a. Recognized in the official United States 23 Pharmacopoeia, official Homeopathic Pharmacopoeia of the 24 United States, or official National Formulary, or the 25 supplement to any of them; 26 b. Intended for use in the diagnosis, cure, 27 mitigation, treatment, or prevention of disease; or 28 c. Intended to affect the structure or any function of 29 the body. 30 2. "Durable medical equipment" means equipment, 31 including repair and replacement parts to such equipment, but 8 3:58 PM 04/25/03 s1776c2c-21c3t
SENATE AMENDMENT Bill No. CS for CS for SB 1776 Amendment No. ___ Barcode 480790 1 the term does not include mobility-enhancing equipment, which 2 can withstand repeated use, is primarily and customarily used 3 to serve a medical purpose, generally is not useful to a 4 person in the absence of illness or injury, and is not worn on 5 or in the body. 6 3. "Mobility-enhancing equipment" means equipment, 7 including repair and replacement parts to such equipment, but 8 the term does not include durable medical equipment, which: 9 a. Is primarily and customarily used to provide or 10 increase the ability to move from one place to another and 11 which is appropriate for use either in a home or a motor 12 vehicle; 13 b. Is not generally used by persons with normal 14 mobility; and 15 c. Does not include any motor vehicle or any equipment 16 on a motor vehicle normally provided by a motor vehicle 17 manufacturer. 18 4. "Prosthetic device" means a replacement, 19 corrective, or supportive device, including repair or 20 replacement parts to such equipment, other than a hearing aid 21 or a dental prosthesis, that is worn on or in the body to: 22 a. Artificially replace a missing portion of the body; 23 b. Prevent or correct physical deformity or 24 malfunction; or 25 c. Support a weak or deformed portion of the body. 26 5. "Grooming and hygiene products" are soaps and 27 cleaning solutions, shampoo, toothpaste, mouthwash, 28 antiperspirants, and suntan lotions and screens, regardless of 29 whether the items meet the definition of over-the-counter 30 drugs. 31 6. "Over-the-counter drug" means a drug the packaging 9 3:58 PM 04/25/03 s1776c2c-21c3t
SENATE AMENDMENT Bill No. CS for CS for SB 1776 Amendment No. ___ Barcode 480790 1 for which contains a label that identifies the product as a 2 drug as required by 21 C.F.R. s. 201.66. The over-the-counter 3 drug label includes a "drug facts" panel or a statement of the 4 active ingredients with a list of those ingredients contained 5 in the compound, substance, or preparation. "Prosthetic and 6 orthopedic appliances" means any apparatus, instrument, 7 device, or equipment used to replace or substitute for any 8 missing part of the body, to alleviate the malfunction of any 9 part of the body, or to assist any disabled person in leading 10 a normal life by facilitating such person's mobility. Such 11 apparatus, instrument, device, or equipment shall be exempted 12 according to an individual prescription or prescriptions 13 written by a physician licensed under chapter 458, chapter 14 459, chapter 460, chapter 461, or chapter 466, or according to 15 a list prescribed and approved by the Department of Health, 16 which list shall be certified to the Department of Revenue 17 from time to time and included in the rules promulgated by the 18 Department of Revenue. 19 2. "Cosmetics" means articles intended to be rubbed, 20 poured, sprinkled, or sprayed on, introduced into, or 21 otherwise applied to the human body for cleansing, 22 beautifying, promoting attractiveness, or altering the 23 appearance and also means articles intended for use as a 24 compound of any such articles, including, but not limited to, 25 cold creams, suntan lotions, makeup, and body lotions. 26 3. "Toilet articles" means any article advertised or 27 held out for sale for grooming purposes and those articles 28 that are customarily used for grooming purposes, regardless of 29 the name by which they may be known, including, but not 30 limited to, soap, toothpaste, hair spray, shaving products, 31 colognes, perfumes, shampoo, deodorant, and mouthwash. 10 3:58 PM 04/25/03 s1776c2c-21c3t
SENATE AMENDMENT Bill No. CS for CS for SB 1776 Amendment No. ___ Barcode 480790 1 7.4. "Prescription" means an order, formula, or recipe 2 issued in any form of oral, written, electronic, or other 3 means of transmission by a duly licensed practitioner 4 authorized by chapter 458, chapter 459, chapter 460, chapter 5 461, or chapter 466. The term also includes an orally 6 transmitted order by the lawfully designated agent of such 7 practitioner. The term also includes an order written or 8 transmitted by a practitioner licensed to practice in a 9 jurisdiction other than this state, but only if the pharmacist 10 called upon to dispense such order determines, in the exercise 11 of his or her professional judgment, that the order is valid 12 and necessary for the treatment of a chronic or recurrent 13 illness. includes any order for drugs or medicinal supplies 14 written or transmitted by any means of communication by a duly 15 licensed practitioner authorized by the laws of the state to 16 prescribe such drugs or medicinal supplies and intended to be 17 dispensed by a pharmacist. The term also includes an orally 18 transmitted order by the lawfully designated agent of such 19 practitioner. The term also includes an order written or 20 transmitted by a practitioner licensed to practice in a 21 jurisdiction other than this state, but only if the pharmacist 22 called upon to dispense such order determines, in the exercise 23 of his or her professional judgment, that the order is valid 24 and necessary for the treatment of a chronic or recurrent 25 illness. The term also includes a pharmacist's order for a 26 product selected from the formulary created pursuant to s. 27 465.186. A prescription may be retained in written form, or 28 the pharmacist may cause it to be recorded in a data 29 processing system, provided that such order can be produced in 30 printed form upon lawful request. 31 (c) Chlorine shall not be exempt from the tax imposed 11 3:58 PM 04/25/03 s1776c2c-21c3t
SENATE AMENDMENT Bill No. CS for CS for SB 1776 Amendment No. ___ Barcode 480790 1 by this chapter when used for the treatment of water in 2 swimming pools. 3 (d) Lithotripters are exempt. 4 (d)(e) Human organs are exempt. 5 (f) Sales of drugs to or by physicians, dentists, 6 veterinarians, and hospitals in connection with medical 7 treatment are exempt. 8 (g) Medical products and supplies used in the cure, 9 mitigation, alleviation, prevention, or treatment of injury, 10 disease, or incapacity which are temporarily or permanently 11 incorporated into a patient or client by a practitioner of the 12 healing arts licensed in the state are exempt. 13 (h) The purchase by a veterinarian of commonly 14 recognized substances possessing curative or remedial 15 properties which are ordered and dispensed as treatment for a 16 diagnosed health disorder by or on the prescription of a duly 17 licensed veterinarian, and which are applied to or consumed by 18 animals for alleviation of pain or the cure or prevention of 19 sickness, disease, or suffering are exempt. Also exempt are 20 the purchase by a veterinarian of antiseptics, absorbent 21 cotton, gauze for bandages, lotions, vitamins, and worm 22 remedies. 23 (i) X-ray opaques, also known as opaque drugs and 24 radiopaque, such as the various opaque dyes and barium 25 sulphate, when used in connection with medical X rays for 26 treatment of bodies of humans and animals, are exempt. 27 (e)(j) Parts, special attachments, special lettering, 28 and other like items that are added to or attached to tangible 29 personal property so that a handicapped person can use them 30 are exempt when such items are purchased by a person pursuant 31 to an individual prescription. 12 3:58 PM 04/25/03 s1776c2c-21c3t
SENATE AMENDMENT Bill No. CS for CS for SB 1776 Amendment No. ___ Barcode 480790 1 (f)(k) This subsection shall be strictly construed and 2 enforced. 3 (7) MISCELLANEOUS EXEMPTIONS.--Exemptions provided to 4 any entity by this chapter do not inure to any transaction 5 that is otherwise taxable under this chapter when payment is 6 made by a representative or employee of the entity by any 7 means, including, but not limited to, cash, check, or credit 8 card, even when that representative or employee is 9 subsequently reimbursed by the entity. In addition, exemptions 10 provided to any entity by this subsection do not inure to any 11 transaction that is otherwise taxable under this chapter 12 unless the entity has obtained a sales tax exemption 13 certificate from the department or the entity obtains or 14 provides other documentation as required by the department. 15 Eligible purchases or leases made with such a certificate must 16 be in strict compliance with this subsection and departmental 17 rules, and any person who makes an exempt purchase with a 18 certificate that is not in strict compliance with this 19 subsection and the rules is liable for and shall pay the tax. 20 The department may adopt rules to administer this subsection. 21 (ccc) Recreational vehicle-type unit private motor 22 coach.--Also exempt from the tax imposed by this chapter on 23 those certain private motor coaches as defined in s. 24 320.01(1)(b)5., is any sale of new motor coaches with a 25 selling price in excess of $700,000, and used motor coaches 26 with a selling price of $200,000 or higher, which will be 27 taxed at a flat rate of $3,000. A motor coach that qualifies 28 as a second home as defined under rules of the Internal 29 Revenue Service are exempt from the tax imposed by this 30 chapter. 31 13 3:58 PM 04/25/03 s1776c2c-21c3t
SENATE AMENDMENT Bill No. CS for CS for SB 1776 Amendment No. ___ Barcode 480790 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 2, line 11, after the semicolon, 4 5 insert: 6 providing an exemption for the sale of certain 7 new and used recreational vehicle-type unit 8 private motor coaches; 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 14 3:58 PM 04/25/03 s1776c2c-21c3t