HB 1079CS

CHAMBER ACTION




1The Economic Development, Trade & Banking Committee recommends
2the following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to an exemption from the tax on sales,
8use, and other transactions; amending s. 212.08, F.S.;
9exempting certain advertising materials distributed free
10of charge by mail in an envelope; providing an effective
11date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Paragraph (ccc) is added to subsection (7) of
16section 212.08, Florida Statutes, to read:
17     212.08  Sales, rental, use, consumption, distribution, and
18storage tax; specified exemptions.--The sale at retail, the
19rental, the use, the consumption, the distribution, and the
20storage to be used or consumed in this state of the following
21are hereby specifically exempt from the tax imposed by this
22chapter.
23     (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
24entity by this chapter do not inure to any transaction that is
25otherwise taxable under this chapter when payment is made by a
26representative or employee of the entity by any means,
27including, but not limited to, cash, check, or credit card, even
28when that representative or employee is subsequently reimbursed
29by the entity. In addition, exemptions provided to any entity by
30this subsection do not inure to any transaction that is
31otherwise taxable under this chapter unless the entity has
32obtained a sales tax exemption certificate from the department
33or the entity obtains or provides other documentation as
34required by the department. Eligible purchases or leases made
35with such a certificate must be in strict compliance with this
36subsection and departmental rules, and any person who makes an
37exempt purchase with a certificate that is not in strict
38compliance with this subsection and the rules is liable for and
39shall pay the tax. The department may adopt rules to administer
40this subsection.
41     (ccc)  Advertising materials distributed free of charge by
42mail in an envelope.--Likewise exempt are materials consisting
43exclusively of advertisements, such as individual coupons or
44other individual cards, sheets, or pages of printed advertising,
45that are distributed free of charge by mail in an envelope for
4610 or more persons on a monthly, bimonthly, or other regular
47basis.
48     Section 2.  This act shall take effect July 1, 2006.


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