| 1 | A bill to be entitled |
| 2 | An act relating to exemptions from the tax on sales, use, |
| 3 | and other transactions; amending s. 212.08, F.S.; |
| 4 | providing a tax exemption for items of tangible personal |
| 5 | property donated by certain dealers to a food bank or to |
| 6 | certain charitable organizations; providing an effective |
| 7 | 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 (pp) of subsection (7) of section |
| 12 | 212.08, Florida Statutes, is amended 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 | (pp) Donated foods or beverages or items of tangible |
| 38 | personal property.--Any food or beverage or item of tangible |
| 39 | personal property donated by a dealer that sells food products |
| 40 | or items of tangible personal property at retail to a food bank |
| 41 | or an organization that holds a current exemption from federal |
| 42 | corporate income tax pursuant to s. 501(c) of the Internal |
| 43 | Revenue Code of 1986, as amended, is exempt from the tax imposed |
| 44 | by this chapter. |
| 45 | Section 2. This act shall take effect July 1, 2008. |