HB 533

1
A bill to be entitled
2An act relating to exemptions from the tax on sales, use,
3and other transactions; amending s. 212.08, F.S.;
4providing a tax exemption for items of tangible personal
5property donated by certain dealers to a food bank or to
6certain charitable organizations; providing an effective
7date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Paragraph (pp) of subsection (7) of section
12212.08, Florida Statutes, is amended to read:
13     212.08  Sales, rental, use, consumption, distribution, and
14storage tax; specified exemptions.--The sale at retail, the
15rental, the use, the consumption, the distribution, and the
16storage to be used or consumed in this state of the following
17are hereby specifically exempt from the tax imposed by this
18chapter.
19     (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
20entity by this chapter do not inure to any transaction that is
21otherwise taxable under this chapter when payment is made by a
22representative or employee of the entity by any means,
23including, but not limited to, cash, check, or credit card, even
24when that representative or employee is subsequently reimbursed
25by the entity. In addition, exemptions provided to any entity by
26this subsection do not inure to any transaction that is
27otherwise taxable under this chapter unless the entity has
28obtained a sales tax exemption certificate from the department
29or the entity obtains or provides other documentation as
30required by the department. Eligible purchases or leases made
31with such a certificate must be in strict compliance with this
32subsection and departmental rules, and any person who makes an
33exempt purchase with a certificate that is not in strict
34compliance with this subsection and the rules is liable for and
35shall pay the tax. The department may adopt rules to administer
36this subsection.
37     (pp)  Donated foods or beverages or items of tangible
38personal property.--Any food or beverage or item of tangible
39personal property donated by a dealer that sells food products
40or items of tangible personal property at retail to a food bank
41or an organization that holds a current exemption from federal
42corporate income tax pursuant to s. 501(c) of the Internal
43Revenue Code of 1986, as amended, is exempt from the tax imposed
44by this chapter.
45     Section 2.  This act shall take effect July 1, 2008.


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