Amendment
Bill No. CS/HB 1059
Amendment No. 312407
CHAMBER ACTION
Senate House
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1Representative Lopez-Cantera offered the following:
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3     Substitute Amendment for Amendment (753443) (with title
4amendment)
5     Remove line(s) 49-110 and insert:
6     4.  No tax shall be levied on admissions to the National
7Football League championship game, on admissions to any
8semifinal game or championship game of a national collegiate
9tournament, or on admissions to a Major League Baseball all-star
10game.
11     5.  A participation fee or sponsorship fee imposed by a
12governmental entity as described in s. 212.08(6) for an athletic
13or recreational program is exempt when the governmental entity
14by itself, or in conjunction with an organization exempt under
15s. 501(c)(3) of the Internal Revenue Code of 1954, as amended,
16sponsors, administers, plans, supervises, directs, and controls
17the athletic or recreational program.
18     6.  Also exempt from the tax imposed by this section to the
19extent provided in this subparagraph are admissions to live
20theater, live opera, or live ballet productions in this state
21which are sponsored by an organization that has received a
22determination from the Internal Revenue Service that the
23organization is exempt from federal income tax under s.
24501(c)(3) of the Internal Revenue Code of 1954, as amended, if
25the organization actively participates in planning and
26conducting the event, is responsible for the safety and success
27of the event, is organized for the purpose of sponsoring live
28theater, live opera, or live ballet productions in this state,
29has more than 10,000 subscribing members and has among the
30stated purposes in its charter the promotion of arts education
31in the communities which it serves, and will receive at least 20
32percent of the net profits, if any, of the events which the
33organization sponsors and will bear the risk of at least 20
34percent of the losses, if any, from the events which it sponsors
35if the organization employs other persons as agents to provide
36services in connection with a sponsored event. Prior to March 1
37of each year, such organization may apply to the department for
38a certificate of exemption for admissions to such events
39sponsored in this state by the organization during the
40immediately following state fiscal year. The application shall
41state the total dollar amount of admissions receipts collected
42by the organization or its agents from such events in this state
43sponsored by the organization or its agents in the year
44immediately preceding the year in which the organization applies
45for the exemption. Such organization shall receive the exemption
46only to the extent of $1.5 million multiplied by the ratio that
47such receipts bear to the total of such receipts of all
48organizations applying for the exemption in such year; however,
49in no event shall such exemption granted to any organization
50exceed 6 percent of such admissions receipts collected by the
51organization or its agents in the year immediately preceding the
52year in which the organization applies for the exemption. Each
53organization receiving the exemption shall report each month to
54the department the total admissions receipts collected from such
55events sponsored by the organization during the preceding month
56and shall remit to the department an amount equal to 6 percent
57of such receipts reduced by any amount remaining under the
58exemption. Tickets for such events sold by such organizations
59shall not reflect the tax otherwise imposed under this section.
60     7.  Also exempt from the tax imposed by this section are
61entry fees for participation in freshwater fishing tournaments.
62     8.  Also exempt from the tax imposed by this section are
63participation or entry fees charged to participants in a game,
64race, or other sport or recreational event if spectators are
65charged a taxable admission to such event.
66     9.  No tax shall be levied on admissions to any postseason
67collegiate football game sanctioned by the National Collegiate
68Athletic Association.
69     Section 3.  Paragraph (d) of subsection (7) of section
70212.08, Florida Statutes, is amended to read:
71     212.08  Sales, rental, use, consumption, distribution, and
72storage tax; specified exemptions.--The sale at retail, the
73rental, the use, the consumption, the distribution, and the
74storage to be used or consumed in this state of the following
75are hereby specifically exempt from the tax imposed by this
76chapter.
77     (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
78entity by this chapter do not inure to any transaction that is
79otherwise taxable under this chapter when payment is made by a
80representative or employee of the entity by any means,
81including, but not limited to, cash, check, or credit card, even
82when that representative or employee is subsequently reimbursed
83by the entity. In addition, exemptions provided to any entity by
84this subsection do not inure to any transaction that is
85otherwise taxable under this chapter unless the entity has
86obtained a sales tax exemption certificate from the department
87or the entity obtains or provides other documentation as
88required by the department. Eligible purchases or leases made
89with such a certificate must be in strict compliance with this
90subsection and departmental rules, and any person who makes an
91exempt purchase with a certificate that is not in strict
92compliance with this subsection and the rules is liable for and
93shall pay the tax. The department may adopt rules to administer
94this subsection.
95     (d)  Feeds.--Feeds for poultry, ostriches, and livestock,
96including racehorses and dairy cows, are exempt.
97     Section 4.  Paragraph (a) of subsection (1) of section
98202.12, Florida Statutes, is amended to read:
99     202.12  Sales of communications services.--The Legislature
100finds that every person who engages in the business of selling
101communications services at retail in this state is exercising a
102taxable privilege. It is the intent of the Legislature that the
103tax imposed by chapter 203 be administered as provided in this
104chapter.
105     (1)  For the exercise of such privilege, a tax is levied on
106each taxable transaction, and the tax is due and payable as
107follows:
108     (a)  Except as otherwise provided in this subsection, at a
109rate of 6.8 percent applied to the sales price of the
110communications service which:
111     1.  Originates and terminates in this state, or
112     2.  Originates or terminates in this state and is charged
113to a service address in this state,
114
115when sold at retail, computed on each taxable sale for the
116purpose of remitting the tax due. The gross receipts tax imposed
117by chapter 203 shall be collected on the same taxable
118transactions and remitted with the tax imposed by this
119paragraph. If no tax is imposed by this paragraph by reason of
120s. 202.125(1), the tax imposed by chapter 203 shall nevertheless
121be collected and remitted in the manner and at the time
122prescribed for tax collections and remittances under this
123chapter. Effective January, 1, 2009, the department shall reduce
124such rate, less any portion of such rate administered pursuant
125to chapter 202 and levied pursuant to chapter 203, by the amount
126necessary to reduce total estimated collections under this
127paragraph and paragraphs (c) and (d) in 2009 by the amount of
128any estimated increase in state sales and use tax collections
129during 2009, less one-twelfth of any such estimated increase for
130the first year, resulting from the repeal of exemptions to
131chapter 212 during the 2008 Regular Session of the Legislature
132unless otherwise provided by law. Such estimated amounts shall
133be determined by reference to the published 2008 Florida Tax
134Handbook.
135     Section 5.  (1)  Subsection (9) of section 212.031, Florida
136Statutes, is repealed.
137     (2)  The exemption provided under s. 212.031(9), Florida
138Statutes, prior to its repeal by this act, for charges imposed
139under a contract entered into before July 1, 2008, terminates no
140later than January 1, 2011.
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T I T L E  A M E N D M E N T
147     Remove line(s) 116 and insert:
148on admissions to certain sport championship games; amending s.
149212.08, F.S.; repealing a sales and use tax exemption for
150ostrich feed; repealing s. 212.031(9), F.S., relating to the
151exemption from the tax on the use of real property which applies
152to charges for the rental, lease, sublease, or license for the
153use of a skybox, luxury box, or other box seats during a high
154school or college football game; providing that the exempt
155status of charges imposed under certain contracts will end after
156a specified date; amending s. 202.12, F.S.; requiring the
157department to reduce the rate of the tax on sales of
158communications services under certain circumstances; providing
159criteria;
160


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