| 1 | A bill to be entitled | 
| 2 | An act relating to the tax on sales, use, and other | 
| 3 | transactions; amending s. 212.08, F.S.; exempting payments | 
| 4 | to postsecondary educational institutions made for certain | 
| 5 | bookstore operations; providing a definition; providing | 
| 6 | construction; providing for retroactive application; | 
| 7 | providing an effective date. | 
| 8 | 
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| 9 | Be It Enacted by the Legislature of the State of Florida: | 
| 10 | 
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| 11 | Section 1.  Paragraph (eee) is added to subsection (7) of | 
| 12 | section 212.08, Florida Statutes, to read: | 
| 13 | 212.08  Sales, rental, use, consumption, distribution, and | 
| 14 | storage tax; specified exemptions.--The sale at retail, the | 
| 15 | rental, the use, the consumption, the distribution, and the | 
| 16 | storage to be used or consumed in this state of the following | 
| 17 | are hereby specifically exempt from the tax imposed by this | 
| 18 | chapter. | 
| 19 | (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any | 
| 20 | entity by this chapter do not inure to any transaction that is | 
| 21 | otherwise taxable under this chapter when payment is made by a | 
| 22 | representative or employee of the entity by any means, | 
| 23 | including, but not limited to, cash, check, or credit card, even | 
| 24 | when that representative or employee is subsequently reimbursed | 
| 25 | by the entity. In addition, exemptions provided to any entity by | 
| 26 | this subsection do not inure to any transaction that is | 
| 27 | otherwise taxable under this chapter unless the entity has | 
| 28 | obtained a sales tax exemption certificate from the department | 
| 29 | or the entity obtains or provides other documentation as | 
| 30 | required by the department. Eligible purchases or leases made | 
| 31 | with such a certificate must be in strict compliance with this | 
| 32 | subsection and departmental rules, and any person who makes an | 
| 33 | exempt purchase with a certificate that is not in strict | 
| 34 | compliance with this subsection and the rules is liable for and | 
| 35 | shall pay the tax. The department may adopt rules to administer | 
| 36 | this subsection. | 
| 37 | (eee)  Bookstore operations at a postsecondary educational | 
| 38 | institution.--Also exempt from payment of the tax imposed by | 
| 39 | this chapter on renting, leasing, letting, or granting a license | 
| 40 | for the use of any real property are payments to a postsecondary | 
| 41 | educational institution made by any person pursuant to a grant | 
| 42 | of the right to conduct bookstore operations on real property | 
| 43 | owned or leased by the postsecondary educational institution. As | 
| 44 | used in this paragraph, the term "bookstore operations" means | 
| 45 | activities consisting predominantly of sales, distribution, and | 
| 46 | provision of textbooks, merchandise, and services traditionally | 
| 47 | offered in college and university bookstores for the benefit of | 
| 48 | the institution's students, faculty, and staff. | 
| 49 | Section 2.  The retroactive application of the provisions | 
| 50 | of this act are remedial in nature and shall not be construed to | 
| 51 | create a right to a refund or to require a refund by any | 
| 52 | governmental entity of any tax, penalty, or interest remitted to | 
| 53 | the Department of Revenue prior to the effective date of this | 
| 54 | act. | 
| 55 | Section 3.  This act shall take effect upon becoming a law | 
| 56 | and shall operate retroactively to amounts paid on or after | 
| 57 | January 1, 2006. |