HB 15

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 textbooks from the tax; providing
5definitions; providing an effective date.
6
7Be It Enacted by the Legislature of the State of Florida:
8
9     Section 1.  Paragraph (r) of subsection (7) of section
10212.08, Florida Statutes, is amended, and paragraph (ccc) is
11added to that subsection, to read:
12     212.08  Sales, rental, use, consumption, distribution, and
13storage tax; specified exemptions.--The sale at retail, the
14rental, the use, the consumption, the distribution, and the
15storage to be used or consumed in this state of the following
16are hereby specifically exempt from the tax imposed by this
17chapter.
18     (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
19entity by this chapter do not inure to any transaction that is
20otherwise taxable under this chapter when payment is made by a
21representative or employee of the entity by any means,
22including, but not limited to, cash, check, or credit card, even
23when that representative or employee is subsequently reimbursed
24by the entity. In addition, exemptions provided to any entity by
25this subsection do not inure to any transaction that is
26otherwise taxable under this chapter unless the entity has
27obtained a sales tax exemption certificate from the department
28or the entity obtains or provides other documentation as
29required by the department. Eligible purchases or leases made
30with such a certificate must be in strict compliance with this
31subsection and departmental rules, and any person who makes an
32exempt purchase with a certificate that is not in strict
33compliance with this subsection and the rules is liable for and
34shall pay the tax. The department may adopt rules to administer
35this subsection.
36     (r)  School books and school lunches.--This exemption
37applies to school books used in regularly prescribed courses of
38study, and to school lunches served in public, parochial, or
39nonprofit schools operated for and attended by pupils of grades
40K through 12. Yearbooks, magazines, newspapers, directories,
41bulletins, and similar publications distributed by such
42educational institutions to their students are also exempt.
43School Books, other than those provided for in paragraph (ccc),
44and food sold or served at community colleges and other
45institutions of higher learning are taxable.
46     (ccc)  Textbooks.--Also exempt from the tax imposed by this
47chapter are textbooks purchased by full-time and part-time
48postsecondary students for their courses. This exemption applies
49only to textbooks that are required or recommended for a course
50being taken by such student at an institution of higher
51education. Upon purchase of such textbooks, the student shall
52present a valid student identification card. For purposes of
53this paragraph, the term:
54     1.  "Textbooks" includes only those textbooks and textbook
55supplements specifically written, designed, or produced for
56educational, instructional, or pedagogical purposes.
57     2.  "Institution of higher education" means any institution
58of higher education recognized and approved by the Department of
59Education, or accredited by a nationally recognized accrediting
60agency or association accepted as such by the Department of
61Education, that provides a course of study leading to the
62granting of a postsecondary degree, certificate, or diploma.
63     Section 2.  This act shall take effect July 1, 2006.


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