HB 0891CS

CHAMBER ACTION




1The Finance & Tax Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to an exemption from the tax on sales,
7use, and other transactions; amending s. 212.08, F.S.;
8exempting certain textbooks from the tax; providing
9definitions; providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Paragraph (r) of subsection (7) of section
14212.08, Florida Statutes, is amended, and paragraph (ccc) is
15added to said subsection, to read:
16     212.08  Sales, rental, use, consumption, distribution, and
17storage tax; specified exemptions.--The sale at retail, the
18rental, the use, the consumption, the distribution, and the
19storage to be used or consumed in this state of the following
20are hereby specifically exempt from the tax imposed by this
21chapter.
22     (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
23entity by this chapter do not inure to any transaction that is
24otherwise taxable under this chapter when payment is made by a
25representative or employee of the entity by any means,
26including, but not limited to, cash, check, or credit card, even
27when that representative or employee is subsequently reimbursed
28by the entity. In addition, exemptions provided to any entity by
29this subsection do not inure to any transaction that is
30otherwise taxable under this chapter unless the entity has
31obtained a sales tax exemption certificate from the department
32or the entity obtains or provides other documentation as
33required by the department. Eligible purchases or leases made
34with such a certificate must be in strict compliance with this
35subsection and departmental rules, and any person who makes an
36exempt purchase with a certificate that is not in strict
37compliance with this subsection and the rules is liable for and
38shall pay the tax. The department may adopt rules to administer
39this subsection.
40     (r)  School books and school lunches.--This exemption
41applies to school books used in regularly prescribed courses of
42study, and to school lunches served in public, parochial, or
43nonprofit schools operated for and attended by pupils of grades
44K through 12. Yearbooks, magazines, newspapers, directories,
45bulletins, and similar publications distributed by such
46educational institutions to their students are also exempt.
47School Books, other than those provided for in paragraph (ccc),
48and food sold or served at community colleges and other
49institutions of higher learning are taxable.
50     (ccc)  Textbooks.--Also exempt are textbooks purchased by
51full-time and part-time postsecondary students for their
52courses. This exemption applies only to textbooks that are
53required or recommended for a course being taken by such student
54at an institution of higher education. Upon purchase of such
55textbooks, the student shall present a valid student
56identification card. For purposes of this paragraph, the term:
57     1.  "Textbooks" includes only those textbooks and textbook
58supplements specifically written, designed, or produced for
59educational, instructional, or pedagogical purposes.
60     2.  "Institution of higher education" means any institution
61of higher education recognized and approved by the Department of
62Education, or accredited by a nationally recognized accrediting
63agency or association accepted as such by the Department of
64Education, that provides a course of study leading to the
65granting of a postsecondary degree, certificate, or diploma.
66     Section 2.  This act shall take effect July 1, 2005.


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