Florida Senate - 2004                      COMMITTEE AMENDMENT
    Bill No. SB 2-A
                        Barcode 860706
                            CHAMBER ACTION
              Senate                               House
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       12/14/2004 1:22 PM         .                    
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11  The Committee on Commerce and Consumer Services (Aronberg)
12  recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         On page 92, between lines 13 and 14,
16  
17  insert:  
18         Section 18.  Subsection (6) of section 212.08, Florida
19  Statutes, is amended, and subsection (18) is added to that
20  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         (6)  EXEMPTIONS; POLITICAL SUBDIVISIONS.--There are
28  also exempt from the tax imposed by this chapter sales made to
29  the United States Government, a state, or any county,
30  municipality, or political subdivision of a state when payment
31  is made directly to the dealer by the governmental entity.
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    4:26 PM   12/13/04                            s0002Ac-cm27-bz1

Florida Senate - 2004 COMMITTEE AMENDMENT Bill No. SB 2-A Barcode 860706 1 Unless the conditions specified in subsection (18) are met, 2 this exemption shall not inure to any transaction otherwise 3 taxable under this chapter when payment is made by a 4 government employee by any means, including, but not limited 5 to, cash, check, or credit card when that employee is 6 subsequently reimbursed by the governmental entity. This 7 exemption does not include sales of tangible personal property 8 made to contractors employed either directly or as agents of 9 any such government or political subdivision thereof when such 10 tangible personal property goes into or becomes a part of 11 public works owned by such government or political 12 subdivision. A determination whether a particular transaction 13 is properly characterized as an exempt sale to a government 14 entity or a taxable sale to a contractor shall be based on the 15 substance of the transaction rather than the form in which the 16 transaction is cast. The department shall adopt rules that 17 give special consideration to factors that govern the status 18 of the tangible personal property before its affixation to 19 real property. In developing these rules, assumption of the 20 risk of damage or loss is of paramount consideration in the 21 determination. This exemption does not include sales, rental, 22 use, consumption, or storage for use in any political 23 subdivision or municipality in this state of machines and 24 equipment and parts and accessories therefor used in the 25 generation, transmission, or distribution of electrical energy 26 by systems owned and operated by a political subdivision in 27 this state for transmission or distribution expansion. 28 Likewise exempt are charges for services rendered by radio and 29 television stations, including line charges, talent fees, or 30 license fees and charges for films, videotapes, and 31 transcriptions used in producing radio or television 2 4:26 PM 12/13/04 s0002Ac-cm27-bz1
Florida Senate - 2004 COMMITTEE AMENDMENT Bill No. SB 2-A Barcode 860706 1 broadcasts. The exemption provided in this subsection does not 2 include sales, rental, use, consumption, or storage for use in 3 any political subdivision or municipality in this state of 4 machines and equipment and parts and accessories therefor used 5 in providing two-way telecommunications services to the public 6 for hire by the use of a telecommunications facility, as 7 defined in s. 364.02(14), and for which a certificate is 8 required under chapter 364, which facility is owned and 9 operated by any county, municipality, or other political 10 subdivision of the state. Any immunity of any political 11 subdivision of the state or other entity of local government 12 from taxation of the property used to provide 13 telecommunication services that is taxed as a result of this 14 section is hereby waived. However, the exemption provided in 15 this subsection includes transactions taxable under this 16 chapter which are for use by the operator of a public-use 17 airport, as defined in s. 332.004, in providing such 18 telecommunications services for the airport or its tenants, 19 concessionaires, or licensees, or which are for use by a 20 public hospital for the provision such telecommunications 21 services. 22 (18) EXEMPTIONS; ELEMENTARY SCHOOL CONSTRUCTION 23 CONTRACTOR PURCHASES.-- 24 (a) Sales of tangible personal property made to 25 contractors employed either directly by or as agents of the 26 United States Government, a state, a county, a municipality, 27 or a political subdivision of a state for public 28 prekindergarten or elementary school construction are exempt 29 if all of the following conditions are met: 30 1. At the time of such sale, the governmental entity 31 or political subdivision holds a current consumer's 3 4:26 PM 12/13/04 s0002Ac-cm27-bz1
Florida Senate - 2004 COMMITTEE AMENDMENT Bill No. SB 2-A Barcode 860706 1 certificate of exemption from the department. 2 2. The tangible personal property purchased by the 3 contractor will go into or become part of a public 4 prekindergarten or elementary school owned by the governmental 5 entity or political subdivision. Tangible personal property 6 purchased and used by a contractor in the course of performing 7 a contract that does not become part of the public 8 prekindergarten or elementary school is not exempt under this 9 subsection. 10 3. The governmental entity or political subdivision 11 bears the economic burden of the cost of the tangible personal 12 property, either through direct reimbursement of the cost to 13 the contractor under the contract or inclusion of the cost in 14 the contractor's price for performance of the contract. 15 4. The governmental entity or political subdivision, 16 the general contractor, or a subcontractor presents to the 17 seller prior to or at the time of a purchase: 18 a. A copy of a current, valid Florida consumer's 19 certificate of exemption held by the governmental entity or 20 political subdivision. 21 b. A signed and dated statement of an officer or 22 authorized employee of the governmental entity or political 23 subdivision that identifies a specific public prekindergarten 24 or elementary school project and names the contractor or 25 contractors engaged to perform work on the identified project 26 who have been authorized to make exempt purchases of materials 27 for the project. 28 c. A signed and dated statement of the purchasing 29 contractor certifying that all purchases made by that 30 contractor and identified at the time of purchase to the 31 public prekindergarten or elementary school project specified 4 4:26 PM 12/13/04 s0002Ac-cm27-bz1
Florida Senate - 2004 COMMITTEE AMENDMENT Bill No. SB 2-A Barcode 860706 1 in the statement of the governmental entity or political 2 subdivision will be for incorporation into that public 3 prekindergarten or elementary school. 4 5 A seller may rely on a single copy of the governmental 6 entity's or political subdivision's consumer's certificate of 7 exemption and a single signed and dated statement from the 8 governmental entity or political subdivision to make sales to 9 any contractor named on that statement so long as the other 10 certification and recordkeeping requirements of this 11 subsection are also satisfied. A seller may rely on a single 12 signed statement of a purchasing contractor to make sales to 13 that contractor for the public prekindergarten or elementary 14 school project specified in that statement so long as the 15 other certification and recordkeeping requirements of this 16 subsection are also satisfied. 17 5. The records of the seller contain documentation for 18 each exempt purchase as follows: 19 a. A purchase order from the contractor specifically 20 identifying, by description and quantity, the tangible 21 personal property being purchased for incorporation by the 22 contractor into a specifically named public prekindergarten or 23 elementary school project; or 24 b. Electronic or other records of the seller that 25 establish that the purchased tangible personal property, 26 identified by description and quantity, was charged by a 27 contractor who has provided a statement as described in 28 subparagraph 4. to an account to which only purchases for the 29 public prekindergarten or elementary school project specified 30 in that statement are charged. 31 6. The statements of the governmental entity or 5 4:26 PM 12/13/04 s0002Ac-cm27-bz1
Florida Senate - 2004 COMMITTEE AMENDMENT Bill No. SB 2-A Barcode 860706 1 political subdivision and of the purchasing contractor 2 described in this paragraph must be dated and contain the 3 following printed or typed declaration at the end of the 4 statement and immediately above the signature of the public 5 officer, employee, or contractor: "Under penalties of perjury 6 as provided in section 92.525, Florida Statutes, I declare 7 that I have read the foregoing statement and that the facts 8 stated in it are true." 9 7. The seller verifies that a purchasing contractor is 10 named in the statement from the governmental entity or 11 political subdivision and that the project identified in the 12 statement of the contractor is the same project as that 13 identified in the statement of the governmental entity or 14 political subdivision before the exemption is granted as to 15 any purchase. 16 (b)1. The seller must maintain in its records the 17 certificate, statements, and other records described in 18 paragraph (a) to document the exempt status of any sale for 19 the period of time during which the department may conduct an 20 audit of the seller's books and records. A dealer may, through 21 the informal protest provided for in s. 213.21 and the rules 22 of the department, provide the department with evidence of the 23 exempt status of a sale. A consumer's certificate of exemption 24 executed by a governmental entity or political subdivision 25 that was registered with the department at the time of sale, a 26 statement of the governmental entity or political subdivision 27 as described in sub-subparagraph (a)4.b. which has been issued 28 and signed prior to or on the date of the sale for which 29 exemption was claimed, and a purchasing contractor's statement 30 as described in sub-subparagraph (a)4.c. from a contractor 31 that could have issued such statement at the time of the sale 6 4:26 PM 12/13/04 s0002Ac-cm27-bz1
Florida Senate - 2004 COMMITTEE AMENDMENT Bill No. SB 2-A Barcode 860706 1 shall be accepted by the department when submitted during the 2 protest period, but may not be accepted in any proceeding 3 under chapter 120 or any circuit court action instituted under 4 chapter 72. An exemption may not be recognized for any 5 purchase by a contractor prior to the date on which a 6 governmental entity or political subdivision has issued a 7 signed and dated statement authorizing that contractor to make 8 exempt purchases for a specified public prekindergarten or 9 elementary school project. 10 2. A contractor that claims exemption under this 11 subsection must maintain records to establish that the 12 materials purchased were actually incorporated into the public 13 prekindergarten or elementary school project described in the 14 contractor's statement. The contractor must accrue and remit 15 use tax on any items purchased exempt under this subsection 16 which are not incorporated into the public prekindergarten or 17 elementary school project, unless such items are transferred 18 to the governmental entity or political subdivision or 19 returned to the seller for a credit to the contractor's 20 account. The contractor must maintain records to document any 21 such transfers or returns. 22 3. Any person who fraudulently, for the purpose of 23 evading tax, issues a written statement for use in claiming an 24 exemption under this subsection for materials that do not 25 satisfy the requirements for such exemption shall, in addition 26 to being liable for the payment of the tax due on such 27 materials, be subject to the penalties provided in s. 212.085. 28 29 (Redesignate subsequent sections.) 30 31 7 4:26 PM 12/13/04 s0002Ac-cm27-bz1
Florida Senate - 2004 COMMITTEE AMENDMENT Bill No. SB 2-A Barcode 860706 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 8, line 2, following the semicolon 4 5 insert: 6 amending s. 212.08, F.S.; providing an 7 exemption from the tax on sales, use, and other 8 transactions for tangible personal property 9 sold to a contractor employed directly by or as 10 an agent of the United States Government, the 11 state, or a local government when such property 12 will become part of a prekindergarten or 13 elementary school owned by the governmental 14 entity, if specified conditions are met; 15 providing duties of such governmental entities, 16 contractors, and sellers with respect to 17 documentation and recordkeeping; providing 18 penalties; 19 20 21 22 23 24 25 26 27 28 29 30 31 8 4:26 PM 12/13/04 s0002Ac-cm27-bz1