HB 0015CS

CHAMBER ACTION




1The Colleges & Universities 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
9requirements; providing a definition; providing an
10effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Paragraph (r) of subsection (7) of section
15212.08, Florida Statutes, is amended, and paragraph (ccc) is
16added to that subsection, 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     (r)  School books and school lunches.--This exemption
42applies to school books used in regularly prescribed courses of
43study, and to school lunches served in public, parochial, or
44nonprofit schools operated for and attended by pupils of grades
45K through 12. Yearbooks, magazines, newspapers, directories,
46bulletins, and similar publications distributed by such
47educational institutions to their students are also exempt.
48School Books, other than those provided for in paragraph (ccc),
49and food sold or served at community colleges and other
50institutions of higher learning are taxable.
51     (ccc)  Textbooks.--Also exempt from the tax imposed by this
52chapter are textbooks purchased by full-time and part-time
53postsecondary degree-seeking students for their courses. This
54exemption applies only to textbooks that are required or
55recommended for a course in which such student is enrolled at an
56eligible institution of higher education. Upon purchase of such
57textbooks, the student shall present a valid student
58identification card from an eligible institution of higher
59education and documentation that confirms such textbooks are
60required or recommended for the course in which the student is
61enrolled. For purposes of this paragraph, the term "eligible
62institution of higher education" means:
63     1.  A public university or community college in this state;
64     2.  A baccalaureate-degree granting independent nonprofit
65college or university that is accredited by the Commission on
66Colleges of the Southern Association of Colleges and Schools and
67is located in and chartered as a domestic corporation by the
68state; or
69     3.  An independent postsecondary education institution in
70this state that is licensed by the Commission for Independent
71Education and is authorized to grant degrees.
72     Section 2.  This act shall take effect July 1, 2006.


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