Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. CS for SB 1962
687548
Senate
Comm: RCS
3/26/2008
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House
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The Committee on Finance and Tax (Deutch) recommended the
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following amendment:
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Senate Amendment (with title amendment)
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Delete everything after the enacting clause
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and insert:
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Section 1. Paragraph (ii) of subsection (7) of section
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212.08, Florida Statutes, is amended to read:
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212.08 Sales, rental, use, consumption, distribution, and
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storage tax; specified exemptions.--The sale at retail, the
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rental, the use, the consumption, the distribution, and the
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storage to be used or consumed in this state of the following are
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hereby specifically exempt from the tax imposed by this chapter.
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(7) MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
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entity by this chapter do not inure to any transaction that is
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otherwise taxable under this chapter when payment is made by a
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representative or employee of the entity by any means, including,
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but not limited to, cash, check, or credit card, even when that
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representative or employee is subsequently reimbursed by the
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entity. In addition, exemptions provided to any entity by this
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subsection do not inure to any transaction that is otherwise
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taxable under this chapter unless the entity has obtained a sales
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tax exemption certificate from the department or the entity
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obtains or provides other documentation as required by the
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department. Eligible purchases or leases made with such a
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certificate must be in strict compliance with this subsection and
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departmental rules, and any person who makes an exempt purchase
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with a certificate that is not in strict compliance with this
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subsection and the rules is liable for and shall pay the tax. The
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department may adopt rules to administer this subsection.
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(ii) Nonprofit cooperative hospital laundries.--Also exempt
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from the tax imposed by this chapter are sales or leases to
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nonprofit organizations that are incorporated under chapter 617
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and which are treated, for federal income tax purposes, as
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cooperatives under subchapter T of the Internal Revenue Code,
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whose sole purpose is to offer laundry supplies and services to
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their members who, which members must all be exempt from federal
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income tax pursuant to s. 501(c)(3) of the Internal Revenue Code.
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A member of a nonprofit cooperative hospital laundry whose
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Internal Revenue Code status changes must, within 90 days after
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such change, divest all participation in the cooperative. The
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provision of laundry supplies and services to a nonmember
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business pursuant to a declaration of an emergency under s.
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252.36(2) and a written emergency plan of operation executed by
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the members of the cooperative does not invalidate or cause the
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denial of the cooperative's certificate of exemption.
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Section 2. This act shall take effect July 1, 2008.
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================ T I T L E A M E N D M E N T ================
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And the title is amended as follows:
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Delete everything before the enacting clause
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and insert:
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A bill to be entitled
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An act relating to tax exemption for nonprofit cooperative
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hospital laundries; amending s. 212.08, F.S.; requiring a
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member of a nonprofit cooperative to immediately divest
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itself of participation in the cooperative if it loses its
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nonprofit status; providing that the provision of
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emergency services to a nonmember business does not
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invalidate the certificate of tax exemption; providing an
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effective date.
3/25/2008 11:12:00 AM 30-05657-08
CODING: Words stricken are deletions; words underlined are additions.