| 1 | A bill to be entitled | 
| 2 | An act relating to an exemption from the tax on sales, | 
| 3 | use, and other transactions; amending s. 212.08, F.S.; | 
| 4 | exempting certain educational materials from the tax; | 
| 5 | providing an effective date. | 
| 6 | 
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| 7 | Be It Enacted by the Legislature of the State of Florida: | 
| 8 | 
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| 9 | Section 1.  Paragraph (ccc) is added to subsection (7) of | 
| 10 | section 212.08, Florida Statutes, to read: | 
| 11 | 212.08  Sales, rental, use, consumption, distribution, and | 
| 12 | storage tax; specified exemptions.--The sale at retail, the | 
| 13 | rental, the use, the consumption, the distribution, and the | 
| 14 | storage to be used or consumed in this state of the following | 
| 15 | are hereby specifically exempt from the tax imposed by this | 
| 16 | chapter. | 
| 17 | (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any | 
| 18 | entity by this chapter do not inure to any transaction that is | 
| 19 | otherwise taxable under this chapter when payment is made by a | 
| 20 | representative or employee of the entity by any means, | 
| 21 | including, but not limited to, cash, check, or credit card, even | 
| 22 | when that representative or employee is subsequently reimbursed | 
| 23 | by the entity. In addition, exemptions provided to any entity by | 
| 24 | this subsection do not inure to any transaction that is | 
| 25 | otherwise taxable under this chapter unless the entity has | 
| 26 | obtained a sales tax exemption certificate from the department | 
| 27 | or the entity obtains or provides other documentation as | 
| 28 | required by the department. Eligible purchases or leases made | 
| 29 | with such a certificate must be in strict compliance with this | 
| 30 | subsection and departmental rules, and any person who makes an | 
| 31 | exempt purchase with a certificate that is not in strict | 
| 32 | compliance with this subsection and the rules is liable for and | 
| 33 | shall pay the tax. The department may adopt rules to administer | 
| 34 | this subsection. | 
| 35 | (ccc)  Educational materials.--Also exempt are educational | 
| 36 | materials purchased by full-time and part-time postsecondary | 
| 37 | students for their courses. This exemption applies only to | 
| 38 | educational materials that are required or recommended for a | 
| 39 | course being taken by such student at an institution of higher | 
| 40 | education. Upon purchase of such educational materials, the | 
| 41 | student shall present a valid student identification card. For | 
| 42 | purposes of this paragraph, the term: | 
| 43 | 1.  "Educational materials" includes only those books, | 
| 44 | materials, and supplements specifically written, designed, or | 
| 45 | produced for educational, instructional, or pedagogical | 
| 46 | purposes. | 
| 47 | 2.  "Institution of higher education" means any institution | 
| 48 | of higher education recognized and approved by the Department of | 
| 49 | Education, or accredited by a nationally recognized accrediting | 
| 50 | agency or association accepted as such by the Department of | 
| 51 | Education, that provides a course of study leading to the | 
| 52 | granting of a postsecondary degree, certificate, or diploma. | 
| 53 | Section 2.  This act shall take effect July 1, 2005. |