1 | The Colleges & Universities Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to an exemption from the tax on sales, |
7 | use, and other transactions; amending s. 212.08, F.S.; |
8 | exempting certain textbooks from the tax; providing |
9 | requirements; providing a definition; providing an |
10 | effective date. |
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12 | Be It Enacted by the Legislature of the State of Florida: |
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14 | Section 1. Paragraph (r) of subsection (7) of section |
15 | 212.08, Florida Statutes, is amended, and paragraph (ccc) is |
16 | added to that subsection, 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 | (r) School books and school lunches.--This exemption |
42 | applies to school books used in regularly prescribed courses of |
43 | study, and to school lunches served in public, parochial, or |
44 | nonprofit schools operated for and attended by pupils of grades |
45 | K through 12. Yearbooks, magazines, newspapers, directories, |
46 | bulletins, and similar publications distributed by such |
47 | educational institutions to their students are also exempt. |
48 | School Books, other than those provided for in paragraph (ccc), |
49 | and food sold or served at community colleges and other |
50 | institutions of higher learning are taxable. |
51 | (ccc) Textbooks.--Also exempt from the tax imposed by this |
52 | chapter are textbooks purchased by full-time and part-time |
53 | postsecondary degree-seeking students for their courses. This |
54 | exemption applies only to textbooks that are required or |
55 | recommended for a course in which such student is enrolled at an |
56 | eligible institution of higher education. Upon purchase of such |
57 | textbooks, the student shall present a valid student |
58 | identification card from an eligible institution of higher |
59 | education and documentation that confirms such textbooks are |
60 | required or recommended for the course in which the student is |
61 | enrolled. For purposes of this paragraph, the term "eligible |
62 | institution of higher education" means: |
63 | 1. A public university or community college in this state; |
64 | 2. A baccalaureate-degree granting independent nonprofit |
65 | college or university that is accredited by the Commission on |
66 | Colleges of the Southern Association of Colleges and Schools and |
67 | is located in and chartered as a domestic corporation by the |
68 | state; or |
69 | 3. An independent postsecondary education institution in |
70 | this state that is licensed by the Commission for Independent |
71 | Education and is authorized to grant degrees. |
72 | Section 2. This act shall take effect July 1, 2006. |