1 | The Economic Development, Trade & Banking Committee recommends |
2 | the following: |
3 |
|
4 | Council/Committee Substitute |
5 | Remove the entire bill and insert: |
6 | A bill to be entitled |
7 | An act relating to an exemption from the tax on sales, |
8 | use, and other transactions; amending s. 212.08, F.S.; |
9 | exempting certain advertising materials distributed free |
10 | of charge by mail in an envelope; providing an effective |
11 | date. |
12 |
|
13 | Be It Enacted by the Legislature of the State of Florida: |
14 |
|
15 | Section 1. Paragraph (ccc) is added to subsection (7) of |
16 | section 212.08, Florida Statutes, to read: |
17 | 212.08 Sales, rental, use, consumption, distribution, and |
18 | storage tax; specified exemptions.--The sale at retail, the |
19 | rental, the use, the consumption, the distribution, and the |
20 | storage to be used or consumed in this state of the following |
21 | are hereby specifically exempt from the tax imposed by this |
22 | chapter. |
23 | (7) MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any |
24 | entity by this chapter do not inure to any transaction that is |
25 | otherwise taxable under this chapter when payment is made by a |
26 | representative or employee of the entity by any means, |
27 | including, but not limited to, cash, check, or credit card, even |
28 | when that representative or employee is subsequently reimbursed |
29 | by the entity. In addition, exemptions provided to any entity by |
30 | this subsection do not inure to any transaction that is |
31 | otherwise taxable under this chapter unless the entity has |
32 | obtained a sales tax exemption certificate from the department |
33 | or the entity obtains or provides other documentation as |
34 | required by the department. Eligible purchases or leases made |
35 | with such a certificate must be in strict compliance with this |
36 | subsection and departmental rules, and any person who makes an |
37 | exempt purchase with a certificate that is not in strict |
38 | compliance with this subsection and the rules is liable for and |
39 | shall pay the tax. The department may adopt rules to administer |
40 | this subsection. |
41 | (ccc) Advertising materials distributed free of charge by |
42 | mail in an envelope.--Likewise exempt are materials consisting |
43 | exclusively of advertisements, such as individual coupons or |
44 | other individual cards, sheets, or pages of printed advertising, |
45 | that are distributed free of charge by mail in an envelope for |
46 | 10 or more persons on a monthly, bimonthly, or other regular |
47 | basis. |
48 | Section 2. This act shall take effect July 1, 2006. |