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 textbooks from the tax; providing |
5 | definitions; 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 (r) of subsection (7) of section |
10 | 212.08, Florida Statutes, is amended, and paragraph (ccc) is |
11 | added to that subsection, to read: |
12 | 212.08 Sales, rental, use, consumption, distribution, and |
13 | storage tax; specified exemptions.--The sale at retail, the |
14 | rental, the use, the consumption, the distribution, and the |
15 | storage to be used or consumed in this state of the following |
16 | are hereby specifically exempt from the tax imposed by this |
17 | chapter. |
18 | (7) MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any |
19 | entity by this chapter do not inure to any transaction that is |
20 | otherwise taxable under this chapter when payment is made by a |
21 | representative or employee of the entity by any means, |
22 | including, but not limited to, cash, check, or credit card, even |
23 | when that representative or employee is subsequently reimbursed |
24 | by the entity. In addition, exemptions provided to any entity by |
25 | this subsection do not inure to any transaction that is |
26 | otherwise taxable under this chapter unless the entity has |
27 | obtained a sales tax exemption certificate from the department |
28 | or the entity obtains or provides other documentation as |
29 | required by the department. Eligible purchases or leases made |
30 | with such a certificate must be in strict compliance with this |
31 | subsection and departmental rules, and any person who makes an |
32 | exempt purchase with a certificate that is not in strict |
33 | compliance with this subsection and the rules is liable for and |
34 | shall pay the tax. The department may adopt rules to administer |
35 | this subsection. |
36 | (r) School books and school lunches.--This exemption |
37 | applies to school books used in regularly prescribed courses of |
38 | study, and to school lunches served in public, parochial, or |
39 | nonprofit schools operated for and attended by pupils of grades |
40 | K through 12. Yearbooks, magazines, newspapers, directories, |
41 | bulletins, and similar publications distributed by such |
42 | educational institutions to their students are also exempt. |
43 | School Books, other than those provided for in paragraph (ccc), |
44 | and food sold or served at community colleges and other |
45 | institutions of higher learning are taxable. |
46 | (ccc) Textbooks.--Also exempt from the tax imposed by this |
47 | chapter are textbooks purchased by full-time and part-time |
48 | postsecondary students for their courses. This exemption applies |
49 | only to textbooks that are required or recommended for a course |
50 | being taken by such student at an institution of higher |
51 | education. Upon purchase of such textbooks, the student shall |
52 | present a valid student identification card. For purposes of |
53 | this paragraph, the term: |
54 | 1. "Textbooks" includes only those textbooks and textbook |
55 | supplements specifically written, designed, or produced for |
56 | educational, instructional, or pedagogical purposes. |
57 | 2. "Institution of higher education" means any institution |
58 | of higher education recognized and approved by the Department of |
59 | Education, or accredited by a nationally recognized accrediting |
60 | agency or association accepted as such by the Department of |
61 | Education, that provides a course of study leading to the |
62 | granting of a postsecondary degree, certificate, or diploma. |
63 | Section 2. This act shall take effect July 1, 2006. |