HB 0891

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


CODING: Words stricken are deletions; words underlined are additions.