1 | Representative Lopez-Cantera offered the following: |
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3 | Substitute Amendment for Amendment (753443) (with title |
4 | amendment) |
5 | Remove line(s) 49-110 and insert: |
6 | 4. No tax shall be levied on admissions to the National |
7 | Football League championship game, on admissions to any |
8 | semifinal game or championship game of a national collegiate |
9 | tournament, or on admissions to a Major League Baseball all-star |
10 | game. |
11 | 5. A participation fee or sponsorship fee imposed by a |
12 | governmental entity as described in s. 212.08(6) for an athletic |
13 | or recreational program is exempt when the governmental entity |
14 | by itself, or in conjunction with an organization exempt under |
15 | s. 501(c)(3) of the Internal Revenue Code of 1954, as amended, |
16 | sponsors, administers, plans, supervises, directs, and controls |
17 | the athletic or recreational program. |
18 | 6. Also exempt from the tax imposed by this section to the |
19 | extent provided in this subparagraph are admissions to live |
20 | theater, live opera, or live ballet productions in this state |
21 | which are sponsored by an organization that has received a |
22 | determination from the Internal Revenue Service that the |
23 | organization is exempt from federal income tax under s. |
24 | 501(c)(3) of the Internal Revenue Code of 1954, as amended, if |
25 | the organization actively participates in planning and |
26 | conducting the event, is responsible for the safety and success |
27 | of the event, is organized for the purpose of sponsoring live |
28 | theater, live opera, or live ballet productions in this state, |
29 | has more than 10,000 subscribing members and has among the |
30 | stated purposes in its charter the promotion of arts education |
31 | in the communities which it serves, and will receive at least 20 |
32 | percent of the net profits, if any, of the events which the |
33 | organization sponsors and will bear the risk of at least 20 |
34 | percent of the losses, if any, from the events which it sponsors |
35 | if the organization employs other persons as agents to provide |
36 | services in connection with a sponsored event. Prior to March 1 |
37 | of each year, such organization may apply to the department for |
38 | a certificate of exemption for admissions to such events |
39 | sponsored in this state by the organization during the |
40 | immediately following state fiscal year. The application shall |
41 | state the total dollar amount of admissions receipts collected |
42 | by the organization or its agents from such events in this state |
43 | sponsored by the organization or its agents in the year |
44 | immediately preceding the year in which the organization applies |
45 | for the exemption. Such organization shall receive the exemption |
46 | only to the extent of $1.5 million multiplied by the ratio that |
47 | such receipts bear to the total of such receipts of all |
48 | organizations applying for the exemption in such year; however, |
49 | in no event shall such exemption granted to any organization |
50 | exceed 6 percent of such admissions receipts collected by the |
51 | organization or its agents in the year immediately preceding the |
52 | year in which the organization applies for the exemption. Each |
53 | organization receiving the exemption shall report each month to |
54 | the department the total admissions receipts collected from such |
55 | events sponsored by the organization during the preceding month |
56 | and shall remit to the department an amount equal to 6 percent |
57 | of such receipts reduced by any amount remaining under the |
58 | exemption. Tickets for such events sold by such organizations |
59 | shall not reflect the tax otherwise imposed under this section. |
60 | 7. Also exempt from the tax imposed by this section are |
61 | entry fees for participation in freshwater fishing tournaments. |
62 | 8. Also exempt from the tax imposed by this section are |
63 | participation or entry fees charged to participants in a game, |
64 | race, or other sport or recreational event if spectators are |
65 | charged a taxable admission to such event. |
66 | 9. No tax shall be levied on admissions to any postseason |
67 | collegiate football game sanctioned by the National Collegiate |
68 | Athletic Association. |
69 | Section 3. Paragraph (d) of subsection (7) of section |
70 | 212.08, Florida Statutes, is amended to read: |
71 | 212.08 Sales, rental, use, consumption, distribution, and |
72 | storage tax; specified exemptions.--The sale at retail, the |
73 | rental, the use, the consumption, the distribution, and the |
74 | storage to be used or consumed in this state of the following |
75 | are hereby specifically exempt from the tax imposed by this |
76 | chapter. |
77 | (7) MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any |
78 | entity by this chapter do not inure to any transaction that is |
79 | otherwise taxable under this chapter when payment is made by a |
80 | representative or employee of the entity by any means, |
81 | including, but not limited to, cash, check, or credit card, even |
82 | when that representative or employee is subsequently reimbursed |
83 | by the entity. In addition, exemptions provided to any entity by |
84 | this subsection do not inure to any transaction that is |
85 | otherwise taxable under this chapter unless the entity has |
86 | obtained a sales tax exemption certificate from the department |
87 | or the entity obtains or provides other documentation as |
88 | required by the department. Eligible purchases or leases made |
89 | with such a certificate must be in strict compliance with this |
90 | subsection and departmental rules, and any person who makes an |
91 | exempt purchase with a certificate that is not in strict |
92 | compliance with this subsection and the rules is liable for and |
93 | shall pay the tax. The department may adopt rules to administer |
94 | this subsection. |
95 | (d) Feeds.--Feeds for poultry, ostriches, and livestock, |
96 | including racehorses and dairy cows, are exempt. |
97 | Section 4. Paragraph (a) of subsection (1) of section |
98 | 202.12, Florida Statutes, is amended to read: |
99 | 202.12 Sales of communications services.--The Legislature |
100 | finds that every person who engages in the business of selling |
101 | communications services at retail in this state is exercising a |
102 | taxable privilege. It is the intent of the Legislature that the |
103 | tax imposed by chapter 203 be administered as provided in this |
104 | chapter. |
105 | (1) For the exercise of such privilege, a tax is levied on |
106 | each taxable transaction, and the tax is due and payable as |
107 | follows: |
108 | (a) Except as otherwise provided in this subsection, at a |
109 | rate of 6.8 percent applied to the sales price of the |
110 | communications service which: |
111 | 1. Originates and terminates in this state, or |
112 | 2. Originates or terminates in this state and is charged |
113 | to a service address in this state, |
114 |
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115 | when sold at retail, computed on each taxable sale for the |
116 | purpose of remitting the tax due. The gross receipts tax imposed |
117 | by chapter 203 shall be collected on the same taxable |
118 | transactions and remitted with the tax imposed by this |
119 | paragraph. If no tax is imposed by this paragraph by reason of |
120 | s. 202.125(1), the tax imposed by chapter 203 shall nevertheless |
121 | be collected and remitted in the manner and at the time |
122 | prescribed for tax collections and remittances under this |
123 | chapter. Effective January, 1, 2009, the department shall reduce |
124 | such rate, less any portion of such rate administered pursuant |
125 | to chapter 202 and levied pursuant to chapter 203, by the amount |
126 | necessary to reduce total estimated collections under this |
127 | paragraph and paragraphs (c) and (d) in 2009 by the amount of |
128 | any estimated increase in state sales and use tax collections |
129 | during 2009, less one-twelfth of any such estimated increase for |
130 | the first year, resulting from the repeal of exemptions to |
131 | chapter 212 during the 2008 Regular Session of the Legislature |
132 | unless otherwise provided by law. Such estimated amounts shall |
133 | be determined by reference to the published 2008 Florida Tax |
134 | Handbook. |
135 | Section 5. (1) Subsection (9) of section 212.031, Florida |
136 | Statutes, is repealed. |
137 | (2) The exemption provided under s. 212.031(9), Florida |
138 | Statutes, prior to its repeal by this act, for charges imposed |
139 | under a contract entered into before July 1, 2008, terminates no |
140 | later than January 1, 2011. |
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146 | T I T L E A M E N D M E N T |
147 | Remove line(s) 116 and insert: |
148 | on admissions to certain sport championship games; amending s. |
149 | 212.08, F.S.; repealing a sales and use tax exemption for |
150 | ostrich feed; repealing s. 212.031(9), F.S., relating to the |
151 | exemption from the tax on the use of real property which applies |
152 | to charges for the rental, lease, sublease, or license for the |
153 | use of a skybox, luxury box, or other box seats during a high |
154 | school or college football game; providing that the exempt |
155 | status of charges imposed under certain contracts will end after |
156 | a specified date; amending s. 202.12, F.S.; requiring the |
157 | department to reduce the rate of the tax on sales of |
158 | communications services under certain circumstances; providing |
159 | criteria; |
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