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. |