Florida Senate - 2009                                    SB 2582
       
       
       
       By Senator Deutch
       
       
       
       
       30-01649E-09                                          20092582__
    1                        A bill to be entitled                      
    2         An act relating to the tax on sales, use, and other
    3         transactions; amending ss. 212.03, 212.031, 212.04,
    4         212.05, 212.0501, 212.0506, 212.06, and 212.08, F.S.;
    5         providing for a 1 percent increase in the tax rate;
    6         amending s. 212.12, F.S.; revising brackets for
    7         calculating sales tax amounts; amending s. 212.20,
    8         F.S.; providing for distribution of revenues from the
    9         additional 1 percent increase in the tax rate;
   10         amending ss. 212.03, 212.031, 212.04, 212.05,
   11         212.0501, 212.0506, 212.06, and 212.08, F.S.;
   12         providing for a future 1 percent decrease in the tax
   13         rate; amending s. 212.12, F.S.; providing for future
   14         revision of brackets for calculating sales tax
   15         amounts; amending s. 212.20, F.S.; providing for
   16         future deletion of a provision providing for
   17         distribution of revenues from the additional 1 percent
   18         increase in the tax rate; amending ss. 11.45, 202.18,
   19         218.245, 218.65, and 288.1169, F.S.; conforming cross
   20         references; repealing the 1 percent increase in the
   21         tax rate upon the repeal of a sufficient number of
   22         exemptions from the tax which are estimated by the
   23         Revenue Estimating Conference to generate at least an
   24         equivalent amount of revenues; identifying exemptions
   25         for consideration for repeal; providing effective
   26         dates.
   27  
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Subsections (1), (3), and (6) of section 212.03,
   31  Florida Statutes, are amended to read:
   32         212.03 Transient rentals tax; rate, procedure, enforcement,
   33  exemptions.—
   34         (1) It is hereby declared to be the legislative intent that
   35  every person is exercising a taxable privilege who engages in
   36  the business of renting, leasing, letting, or granting a license
   37  to use any living quarters or sleeping or housekeeping
   38  accommodations in, from, or a part of, or in connection with any
   39  hotel, apartment house, roominghouse, or tourist or trailer
   40  camp. However, any person who rents, leases, lets, or grants a
   41  license to others to use, occupy, or enter upon any living
   42  quarters or sleeping or housekeeping accommodations in apartment
   43  houses, roominghouses, tourist camps, or trailer camps, and who
   44  exclusively enters into a bona fide written agreement for
   45  continuous residence for longer than 6 months in duration at
   46  such property is not exercising a taxable privilege. For the
   47  exercise of such taxable privilege, a tax is hereby levied in an
   48  amount equal to 7 6 percent of and on the total rental charged
   49  for such living quarters or sleeping or housekeeping
   50  accommodations by the person charging or collecting the rental.
   51  Such tax shall apply to hotels, apartment houses, roominghouses,
   52  or tourist or trailer camps whether or not there is in
   53  connection with any of the same any dining rooms, cafes, or
   54  other places where meals or lunches are sold or served to
   55  guests.
   56         (3) When rentals are received by way of property, goods,
   57  wares, merchandise, services, or other things of value, the tax
   58  shall be at the rate of 7 6 percent of the value of the
   59  property, goods, wares, merchandise, services, or other things
   60  of value.
   61         (6) It is the legislative intent that every person is
   62  engaging in a taxable privilege who leases or rents parking or
   63  storage spaces for motor vehicles in parking lots or garages,
   64  who leases or rents docking or storage spaces for boats in boat
   65  docks or marinas, or who leases or rents tie-down or storage
   66  space for aircraft at airports. For the exercise of this
   67  privilege, a tax is hereby levied at the rate of 7 6 percent on
   68  the total rental charged.
   69         Section 2. Paragraphs (c) and (d) of subsection (1) of
   70  section 212.031, Florida Statutes, are amended to read:
   71         212.031 Tax on rental or license fee for use of real
   72  property.—
   73         (1)
   74         (c) For the exercise of such privilege, a tax is levied in
   75  an amount equal to 7 6 percent of and on the total rent or
   76  license fee charged for such real property by the person
   77  charging or collecting the rental or license fee. The total rent
   78  or license fee charged for such real property shall include
   79  payments for the granting of a privilege to use or occupy real
   80  property for any purpose and shall include base rent, percentage
   81  rents, or similar charges. Such charges shall be included in the
   82  total rent or license fee subject to tax under this section
   83  whether or not they can be attributed to the ability of the
   84  lessor's or licensor's property as used or operated to attract
   85  customers. Payments for intrinsically valuable personal property
   86  such as franchises, trademarks, service marks, logos, or patents
   87  are not subject to tax under this section. In the case of a
   88  contractual arrangement that provides for both payments taxable
   89  as total rent or license fee and payments not subject to tax,
   90  the tax shall be based on a reasonable allocation of such
   91  payments and shall not apply to that portion which is for the
   92  nontaxable payments.
   93         (d) When the rental or license fee of any such real
   94  property is paid by way of property, goods, wares, merchandise,
   95  services, or other thing of value, the tax shall be at the rate
   96  of 7 6 percent of the value of the property, goods, wares,
   97  merchandise, services, or other thing of value.
   98         Section 3. Paragraph (b) of subsection (1) and paragraph
   99  (a) of subsection (2) of section 212.04, Florida Statutes, are
  100  amended to read:
  101         212.04 Admissions tax; rate, procedure, enforcement.—
  102         (1)
  103         (b) For the exercise of such privilege, a tax is levied at
  104  the rate of 7 6 percent of sales price, or the actual value
  105  received from such admissions, which 7 6 percent shall be added
  106  to and collected with all such admissions from the purchaser
  107  thereof, and such tax shall be paid for the exercise of the
  108  privilege as defined in the preceding paragraph. Each ticket
  109  must show on its face the actual sales price of the admission,
  110  or each dealer selling the admission must prominently display at
  111  the box office or other place where the admission charge is made
  112  a notice disclosing the price of the admission, and the tax
  113  shall be computed and collected on the basis of the actual price
  114  of the admission charged by the dealer. The sale price or actual
  115  value of admission shall, for the purpose of this chapter, be
  116  that price remaining after deduction of federal taxes and state
  117  or locally imposed or authorized seat surcharges, taxes, or
  118  fees, if any, imposed upon such admission. The sale price or
  119  actual value does not include separately stated ticket service
  120  charges that are imposed by a facility ticket office or a
  121  ticketing service and added to a separately stated, established
  122  ticket price. The rate of tax on each admission shall be
  123  according to the brackets established by s. 212.12(9).
  124         (2)(a)1. No tax shall be levied on admissions to athletic
  125  or other events sponsored by elementary schools, junior high
  126  schools, middle schools, high schools, community colleges,
  127  public or private colleges and universities, deaf and blind
  128  schools, facilities of the youth services programs of the
  129  Department of Children and Family Services, and state
  130  correctional institutions when only student, faculty, or inmate
  131  talent is used. However, this exemption shall not apply to
  132  admission to athletic events sponsored by a state university,
  133  and the proceeds of the tax collected on such admissions shall
  134  be retained and used by each institution to support women's
  135  athletics as provided in s. 1006.71(2)(c).
  136         2.a. No tax shall be levied on dues, membership fees, and
  137  admission charges imposed by not-for-profit sponsoring
  138  organizations. To receive this exemption, the sponsoring
  139  organization must qualify as a not-for-profit entity under the
  140  provisions of s. 501(c)(3) of the Internal Revenue Code of 1954,
  141  as amended.
  142         b. No tax shall be levied on admission charges to an event
  143  sponsored by a governmental entity, sports authority, or sports
  144  commission when held in a convention hall, exhibition hall,
  145  auditorium, stadium, theater, arena, civic center, performing
  146  arts center, or publicly owned recreational facility and when
  147  100 percent of the risk of success or failure lies with the
  148  sponsor of the event and 100 percent of the funds at risk for
  149  the event belong to the sponsor, and student or faculty talent
  150  is not exclusively used. As used in this sub-subparagraph, the
  151  terms “sports authority” and “sports commission” mean a
  152  nonprofit organization that is exempt from federal income tax
  153  under s. 501(c)(3) of the Internal Revenue Code and that
  154  contracts with a county or municipal government for the purpose
  155  of promoting and attracting sports-tourism events to the
  156  community with which it contracts. This sub-subparagraph is
  157  repealed July 1, 2009.
  158         3. No tax shall be levied on an admission paid by a
  159  student, or on the student's behalf, to any required place of
  160  sport or recreation if the student's participation in the sport
  161  or recreational activity is required as a part of a program or
  162  activity sponsored by, and under the jurisdiction of, the
  163  student's educational institution, provided his or her
  164  attendance is as a participant and not as a spectator.
  165         4. No tax shall be levied on admissions to the National
  166  Football League championship game, on admissions to any
  167  semifinal game or championship game of a national collegiate
  168  tournament, or on admissions to a Major League Baseball all-star
  169  game.
  170         5. A participation fee or sponsorship fee imposed by a
  171  governmental entity as described in s. 212.08(6) for an athletic
  172  or recreational program is exempt when the governmental entity
  173  by itself, or in conjunction with an organization exempt under
  174  s. 501(c)(3) of the Internal Revenue Code of 1954, as amended,
  175  sponsors, administers, plans, supervises, directs, and controls
  176  the athletic or recreational program.
  177         6. Also exempt from the tax imposed by this section to the
  178  extent provided in this subparagraph are admissions to live
  179  theater, live opera, or live ballet productions in this state
  180  which are sponsored by an organization that has received a
  181  determination from the Internal Revenue Service that the
  182  organization is exempt from federal income tax under s.
  183  501(c)(3) of the Internal Revenue Code of 1954, as amended, if
  184  the organization actively participates in planning and
  185  conducting the event, is responsible for the safety and success
  186  of the event, is organized for the purpose of sponsoring live
  187  theater, live opera, or live ballet productions in this state,
  188  has more than 10,000 subscribing members and has among the
  189  stated purposes in its charter the promotion of arts education
  190  in the communities which it serves, and will receive at least 20
  191  percent of the net profits, if any, of the events which the
  192  organization sponsors and will bear the risk of at least 20
  193  percent of the losses, if any, from the events which it sponsors
  194  if the organization employs other persons as agents to provide
  195  services in connection with a sponsored event. Prior to March 1
  196  of each year, such organization may apply to the department for
  197  a certificate of exemption for admissions to such events
  198  sponsored in this state by the organization during the
  199  immediately following state fiscal year. The application shall
  200  state the total dollar amount of admissions receipts collected
  201  by the organization or its agents from such events in this state
  202  sponsored by the organization or its agents in the year
  203  immediately preceding the year in which the organization applies
  204  for the exemption. Such organization shall receive the exemption
  205  only to the extent of $1.5 million multiplied by the ratio that
  206  such receipts bear to the total of such receipts of all
  207  organizations applying for the exemption in such year; however,
  208  in no event shall such exemption granted to any organization
  209  exceed 7 6 percent of such admissions receipts collected by the
  210  organization or its agents in the year immediately preceding the
  211  year in which the organization applies for the exemption. Each
  212  organization receiving the exemption shall report each month to
  213  the department the total admissions receipts collected from such
  214  events sponsored by the organization during the preceding month
  215  and shall remit to the department an amount equal to 7 6 percent
  216  of such receipts reduced by any amount remaining under the
  217  exemption. Tickets for such events sold by such organizations
  218  shall not reflect the tax otherwise imposed under this section.
  219         7. Also exempt from the tax imposed by this section are
  220  entry fees for participation in freshwater fishing tournaments.
  221         8. Also exempt from the tax imposed by this section are
  222  participation or entry fees charged to participants in a game,
  223  race, or other sport or recreational event if spectators are
  224  charged a taxable admission to such event.
  225         9. No tax shall be levied on admissions to any postseason
  226  collegiate football game sanctioned by the National Collegiate
  227  Athletic Association.
  228         Section 4. Subsection (1) of section 212.05, Florida
  229  Statutes, is amended to read:
  230         212.05 Sales, storage, use tax.—It is hereby declared to be
  231  the legislative intent that every person is exercising a taxable
  232  privilege who engages in the business of selling tangible
  233  personal property at retail in this state, including the
  234  business of making mail order sales, or who rents or furnishes
  235  any of the things or services taxable under this chapter, or who
  236  stores for use or consumption in this state any item or article
  237  of tangible personal property as defined herein and who leases
  238  or rents such property within the state.
  239         (1) For the exercise of such privilege, a tax is levied on
  240  each taxable transaction or incident, which tax is due and
  241  payable as follows:
  242         (a)1.a. At the rate of 7 6 percent of the sales price of
  243  each item or article of tangible personal property when sold at
  244  retail in this state, computed on each taxable sale for the
  245  purpose of remitting the amount of tax due the state, and
  246  including each and every retail sale.
  247         b. Each occasional or isolated sale of an aircraft, boat,
  248  mobile home, or motor vehicle of a class or type which is
  249  required to be registered, licensed, titled, or documented in
  250  this state or by the United States Government shall be subject
  251  to tax at the rate provided in this paragraph. The department
  252  shall by rule adopt any nationally recognized publication for
  253  valuation of used motor vehicles as the reference price list for
  254  any used motor vehicle which is required to be licensed pursuant
  255  to s. 320.08(1), (2), (3)(a), (b), (c), or (e), or (9). If any
  256  party to an occasional or isolated sale of such a vehicle
  257  reports to the tax collector a sales price which is less than 80
  258  percent of the average loan price for the specified model and
  259  year of such vehicle as listed in the most recent reference
  260  price list, the tax levied under this paragraph shall be
  261  computed by the department on such average loan price unless the
  262  parties to the sale have provided to the tax collector an
  263  affidavit signed by each party, or other substantial proof,
  264  stating the actual sales price. Any party to such sale who
  265  reports a sales price less than the actual sales price is guilty
  266  of a misdemeanor of the first degree, punishable as provided in
  267  s. 775.082 or s. 775.083. The department shall collect or
  268  attempt to collect from such party any delinquent sales taxes.
  269  In addition, such party shall pay any tax due and any penalty
  270  and interest assessed plus a penalty equal to twice the amount
  271  of the additional tax owed. Notwithstanding any other provision
  272  of law, the Department of Revenue may waive or compromise any
  273  penalty imposed pursuant to this subparagraph.
  274         2. This paragraph does not apply to the sale of a boat or
  275  aircraft by or through a registered dealer under this chapter to
  276  a purchaser who, at the time of taking delivery, is a
  277  nonresident of this state, does not make his or her permanent
  278  place of abode in this state, and is not engaged in carrying on
  279  in this state any employment, trade, business, or profession in
  280  which the boat or aircraft will be used in this state, or is a
  281  corporation none of the officers or directors of which is a
  282  resident of, or makes his or her permanent place of abode in,
  283  this state, or is a noncorporate entity that has no individual
  284  vested with authority to participate in the management,
  285  direction, or control of the entity's affairs who is a resident
  286  of, or makes his or her permanent abode in, this state. For
  287  purposes of this exemption, either a registered dealer acting on
  288  his or her own behalf as seller, a registered dealer acting as
  289  broker on behalf of a seller, or a registered dealer acting as
  290  broker on behalf of the purchaser may be deemed to be the
  291  selling dealer. This exemption shall not be allowed unless:
  292         a. The purchaser removes a qualifying boat, as described in
  293  sub-subparagraph f., from the state within 90 days after the
  294  date of purchase or the purchaser removes a nonqualifying boat
  295  or an aircraft from this state within 10 days after the date of
  296  purchase or, when the boat or aircraft is repaired or altered,
  297  within 20 days after completion of the repairs or alterations;
  298         b. The purchaser, within 30 days from the date of
  299  departure, shall provide the department with written proof that
  300  the purchaser licensed, registered, titled, or documented the
  301  boat or aircraft outside the state. If such written proof is
  302  unavailable, within 30 days the purchaser shall provide proof
  303  that the purchaser applied for such license, title,
  304  registration, or documentation. The purchaser shall forward to
  305  the department proof of title, license, registration, or
  306  documentation upon receipt.
  307         c. The purchaser, within 10 days of removing the boat or
  308  aircraft from Florida, shall furnish the department with proof
  309  of removal in the form of receipts for fuel, dockage, slippage,
  310  tie-down, or hangaring from outside of Florida. The information
  311  so provided must clearly and specifically identify the boat or
  312  aircraft;
  313         d. The selling dealer, within 5 days of the date of sale,
  314  shall provide to the department a copy of the sales invoice,
  315  closing statement, bills of sale, and the original affidavit
  316  signed by the purchaser attesting that he or she has read the
  317  provisions of this section;
  318         e. The seller makes a copy of the affidavit a part of his
  319  or her record for as long as required by s. 213.35; and
  320         f. Unless the nonresident purchaser of a boat of 5 net tons
  321  of admeasurement or larger intends to remove the boat from this
  322  state within 10 days after the date of purchase or when the boat
  323  is repaired or altered, within 20 days after completion of the
  324  repairs or alterations, the nonresident purchaser shall apply to
  325  the selling dealer for a decal which authorizes 90 days after
  326  the date of purchase for removal of the boat. The department is
  327  authorized to issue decals in advance to dealers. The number of
  328  decals issued in advance to a dealer shall be consistent with
  329  the volume of the dealer's past sales of boats which qualify
  330  under this sub-subparagraph. The selling dealer or his or her
  331  agent shall mark and affix the decals to qualifying boats in the
  332  manner prescribed by the department, prior to delivery of the
  333  boat.
  334         (I) The department is hereby authorized to charge dealers a
  335  fee sufficient to recover the costs of decals issued.
  336         (II) The proceeds from the sale of decals will be deposited
  337  into the administrative trust fund.
  338         (III) Decals shall display information to identify the boat
  339  as a qualifying boat under this sub-subparagraph, including, but
  340  not limited to, the decal's date of expiration.
  341         (IV) The department is authorized to require dealers who
  342  purchase decals to file reports with the department and may
  343  prescribe all necessary records by rule. All such records are
  344  subject to inspection by the department.
  345         (V) Any dealer or his or her agent who issues a decal
  346  falsely, fails to affix a decal, mismarks the expiration date of
  347  a decal, or fails to properly account for decals will be
  348  considered prima facie to have committed a fraudulent act to
  349  evade the tax and will be liable for payment of the tax plus a
  350  mandatory penalty of 200 percent of the tax, and shall be liable
  351  for fine and punishment as provided by law for a conviction of a
  352  misdemeanor of the first degree, as provided in s. 775.082 or s.
  353  775.083.
  354         (VI) Any nonresident purchaser of a boat who removes a
  355  decal prior to permanently removing the boat from the state, or
  356  defaces, changes, modifies, or alters a decal in a manner
  357  affecting its expiration date prior to its expiration, or who
  358  causes or allows the same to be done by another, will be
  359  considered prima facie to have committed a fraudulent act to
  360  evade the tax and will be liable for payment of the tax plus a
  361  mandatory penalty of 200 percent of the tax, and shall be liable
  362  for fine and punishment as provided by law for a conviction of a
  363  misdemeanor of the first degree, as provided in s. 775.082 or s.
  364  775.083.
  365         (VII) The department is authorized to adopt rules necessary
  366  to administer and enforce this subparagraph and to publish the
  367  necessary forms and instructions.
  368         (VIII) The department is hereby authorized to adopt
  369  emergency rules pursuant to s. 120.54(4) to administer and
  370  enforce the provisions of this subparagraph.
  371  
  372  If the purchaser fails to remove the qualifying boat from this
  373  state within 90 days after purchase or a nonqualifying boat or
  374  an aircraft from this state within 10 days after purchase or,
  375  when the boat or aircraft is repaired or altered, within 20 days
  376  after completion of such repairs or alterations, or permits the
  377  boat or aircraft to return to this state within 6 months from
  378  the date of departure, or if the purchaser fails to furnish the
  379  department with any of the documentation required by this
  380  subparagraph within the prescribed time period, the purchaser
  381  shall be liable for use tax on the cost price of the boat or
  382  aircraft and, in addition thereto, payment of a penalty to the
  383  Department of Revenue equal to the tax payable. This penalty
  384  shall be in lieu of the penalty imposed by s. 212.12(2) and is
  385  mandatory and shall not be waived by the department. The 90-day
  386  period following the sale of a qualifying boat tax-exempt to a
  387  nonresident may not be tolled for any reason. Notwithstanding
  388  other provisions of this paragraph to the contrary, an aircraft
  389  purchased in this state under the provisions of this paragraph
  390  may be returned to this state for repairs within 6 months after
  391  the date of its departure without being in violation of the law
  392  and without incurring liability for the payment of tax or
  393  penalty on the purchase price of the aircraft if the aircraft is
  394  removed from this state within 20 days after the completion of
  395  the repairs and if such removal can be demonstrated by invoices
  396  for fuel, tie-down, hangar charges issued by out-of-state
  397  vendors or suppliers, or similar documentation.
  398         (b) At the rate of 7 6 percent of the cost price of each
  399  item or article of tangible personal property when the same is
  400  not sold but is used, consumed, distributed, or stored for use
  401  or consumption in this state; however, for tangible property
  402  originally purchased exempt from tax for use exclusively for
  403  lease and which is converted to the owner's own use, tax may be
  404  paid on the fair market value of the property at the time of
  405  conversion. If the fair market value of the property cannot be
  406  determined, use tax at the time of conversion shall be based on
  407  the owner's acquisition cost. Under no circumstances may the
  408  aggregate amount of sales tax from leasing the property and use
  409  tax due at the time of conversion be less than the total sales
  410  tax that would have been due on the original acquisition cost
  411  paid by the owner.
  412         (c) At the rate of 7 6 percent of the gross proceeds
  413  derived from the lease or rental of tangible personal property,
  414  as defined herein; however, the following special provisions
  415  apply to the lease or rental of motor vehicles:
  416         1. When a motor vehicle is leased or rented for a period of
  417  less than 12 months:
  418         a. If the motor vehicle is rented in Florida, the entire
  419  amount of such rental is taxable, even if the vehicle is dropped
  420  off in another state.
  421         b. If the motor vehicle is rented in another state and
  422  dropped off in Florida, the rental is exempt from Florida tax.
  423         2. Except as provided in subparagraph 3., for the lease or
  424  rental of a motor vehicle for a period of not less than 12
  425  months, sales tax is due on the lease or rental payments if the
  426  vehicle is registered in this state; provided, however, that no
  427  tax shall be due if the taxpayer documents use of the motor
  428  vehicle outside this state and tax is being paid on the lease or
  429  rental payments in another state.
  430         3. The tax imposed by this chapter does not apply to the
  431  lease or rental of a commercial motor vehicle as defined in s.
  432  316.003(66)(a) to one lessee or rentee for a period of not less
  433  than 12 months when tax was paid on the purchase price of such
  434  vehicle by the lessor. To the extent tax was paid with respect
  435  to the purchase of such vehicle in another state, territory of
  436  the United States, or the District of Columbia, the Florida tax
  437  payable shall be reduced in accordance with the provisions of s.
  438  212.06(7). This subparagraph shall only be available when the
  439  lease or rental of such property is an established business or
  440  part of an established business or the same is incidental or
  441  germane to such business.
  442         (d) At the rate of 7 6 percent of the lease or rental price
  443  paid by a lessee or rentee, or contracted or agreed to be paid
  444  by a lessee or rentee, to the owner of the tangible personal
  445  property.
  446         (e)1. At the rate of 7 6 percent on charges for:
  447         a. Prepaid calling arrangements. The tax on charges for
  448  prepaid calling arrangements shall be collected at the time of
  449  sale and remitted by the selling dealer.
  450         (I) “Prepaid calling arrangement” means the separately
  451  stated retail sale by advance payment of communications services
  452  that consist exclusively of telephone calls originated by using
  453  an access number, authorization code, or other means that may be
  454  manually, electronically, or otherwise entered and that are sold
  455  in predetermined units or dollars whose number declines with use
  456  in a known amount.
  457         (II) If the sale or recharge of the prepaid calling
  458  arrangement does not take place at the dealer's place of
  459  business, it shall be deemed to take place at the customer's
  460  shipping address or, if no item is shipped, at the customer's
  461  address or the location associated with the customer's mobile
  462  telephone number.
  463         (III) The sale or recharge of a prepaid calling arrangement
  464  shall be treated as a sale of tangible personal property for
  465  purposes of this chapter, whether or not a tangible item
  466  evidencing such arrangement is furnished to the purchaser, and
  467  such sale within this state subjects the selling dealer to the
  468  jurisdiction of this state for purposes of this subsection.
  469         b. The installation of telecommunication and telegraphic
  470  equipment.
  471         c. Electrical power or energy, except that the tax rate for
  472  charges for electrical power or energy is 8 7 percent.
  473         2. The provisions of s. 212.17(3), regarding credit for tax
  474  paid on charges subsequently found to be worthless, shall be
  475  equally applicable to any tax paid under the provisions of this
  476  section on charges for prepaid calling arrangements,
  477  telecommunication or telegraph services, or electric power
  478  subsequently found to be uncollectible. The word “charges” in
  479  this paragraph does not include any excise or similar tax levied
  480  by the Federal Government, any political subdivision of the
  481  state, or any municipality upon the purchase, sale, or recharge
  482  of prepaid calling arrangements or upon the purchase or sale of
  483  telecommunication, television system program, or telegraph
  484  service or electric power, which tax is collected by the seller
  485  from the purchaser.
  486         (f) At the rate of 7 6 percent on the sale, rental, use,
  487  consumption, or storage for use in this state of machines and
  488  equipment, and parts and accessories therefor, used in
  489  manufacturing, processing, compounding, producing, mining, or
  490  quarrying personal property for sale or to be used in furnishing
  491  communications, transportation, or public utility services.
  492         (g)1. At the rate of 7 6 percent on the retail price of
  493  newspapers and magazines sold or used in Florida.
  494         2. Notwithstanding other provisions of this chapter,
  495  inserts of printed materials which are distributed with a
  496  newspaper or magazine are a component part of the newspaper or
  497  magazine, and neither the sale nor use of such inserts is
  498  subject to tax when:
  499         a. Printed by a newspaper or magazine publisher or
  500  commercial printer and distributed as a component part of a
  501  newspaper or magazine, which means that the items after being
  502  printed are delivered directly to a newspaper or magazine
  503  publisher by the printer for inclusion in editions of the
  504  distributed newspaper or magazine;
  505         b. Such publications are labeled as part of the designated
  506  newspaper or magazine publication into which they are to be
  507  inserted; and
  508         c. The purchaser of the insert presents a resale
  509  certificate to the vendor stating that the inserts are to be
  510  distributed as a component part of a newspaper or magazine.
  511         (h)1. A tax is imposed at the rate of 5 4 percent on the
  512  charges for the use of coin-operated amusement machines. The tax
  513  shall be calculated by dividing the gross receipts from such
  514  charges for the applicable reporting period by a divisor,
  515  determined as provided in this subparagraph, to compute gross
  516  taxable sales, and then subtracting gross taxable sales from
  517  gross receipts to arrive at the amount of tax due. For counties
  518  that do not impose a discretionary sales surtax, the divisor is
  519  equal to 1.05 1.04; for counties that impose a 0.5 percent
  520  discretionary sales surtax, the divisor is equal to 1.055 1.045;
  521  for counties that impose a 1 percent discretionary sales surtax,
  522  the divisor is equal to 1.060 1.050; and for counties that
  523  impose a 2 percent sales surtax, the divisor is equal to 1.070
  524  1.060. If a county imposes a discretionary sales surtax that is
  525  not listed in this subparagraph, the department shall make the
  526  applicable divisor available in an electronic format or
  527  otherwise. Additional divisors shall bear the same mathematical
  528  relationship to the next higher and next lower divisors as the
  529  new surtax rate bears to the next higher and next lower surtax
  530  rates for which divisors have been established. When a machine
  531  is activated by a slug, token, coupon, or any similar device
  532  which has been purchased, the tax is on the price paid by the
  533  user of the device for such device.
  534         2. As used in this paragraph, the term “operator” means any
  535  person who possesses a coin-operated amusement machine for the
  536  purpose of generating sales through that machine and who is
  537  responsible for removing the receipts from the machine.
  538         a. If the owner of the machine is also the operator of it,
  539  he or she shall be liable for payment of the tax without any
  540  deduction for rent or a license fee paid to a location owner for
  541  the use of any real property on which the machine is located.
  542         b. If the owner or lessee of the machine is also its
  543  operator, he or she shall be liable for payment of the tax on
  544  the purchase or lease of the machine, as well as the tax on
  545  sales generated through the machine.
  546         c. If the proprietor of the business where the machine is
  547  located does not own the machine, he or she shall be deemed to
  548  be the lessee and operator of the machine and is responsible for
  549  the payment of the tax on sales, unless such responsibility is
  550  otherwise provided for in a written agreement between him or her
  551  and the machine owner.
  552         3.a. An operator of a coin-operated amusement machine may
  553  not operate or cause to be operated in this state any such
  554  machine until the operator has registered with the department
  555  and has conspicuously displayed an identifying certificate
  556  issued by the department. The identifying certificate shall be
  557  issued by the department upon application from the operator. The
  558  identifying certificate shall include a unique number, and the
  559  certificate shall be permanently marked with the operator's
  560  name, the operator's sales tax number, and the maximum number of
  561  machines to be operated under the certificate. An identifying
  562  certificate shall not be transferred from one operator to
  563  another. The identifying certificate must be conspicuously
  564  displayed on the premises where the coin-operated amusement
  565  machines are being operated.
  566         b. The operator of the machine must obtain an identifying
  567  certificate before the machine is first operated in the state
  568  and by July 1 of each year thereafter. The annual fee for each
  569  certificate shall be based on the number of machines identified
  570  on the application times $30 and is due and payable upon
  571  application for the identifying device. The application shall
  572  contain the operator's name, sales tax number, business address
  573  where the machines are being operated, and the number of
  574  machines in operation at that place of business by the operator.
  575  No operator may operate more machines than are listed on the
  576  certificate. A new certificate is required if more machines are
  577  being operated at that location than are listed on the
  578  certificate. The fee for the new certificate shall be based on
  579  the number of additional machines identified on the application
  580  form times $30.
  581         c. A penalty of $250 per machine is imposed on the operator
  582  for failing to properly obtain and display the required
  583  identifying certificate. A penalty of $250 is imposed on the
  584  lessee of any machine placed in a place of business without a
  585  proper current identifying certificate. Such penalties shall
  586  apply in addition to all other applicable taxes, interest, and
  587  penalties.
  588         d. Operators of coin-operated amusement machines must
  589  obtain a separate sales and use tax certificate of registration
  590  for each county in which such machines are located. One sales
  591  and use tax certificate of registration is sufficient for all of
  592  the operator's machines within a single county.
  593         4. The provisions of this paragraph do not apply to coin
  594  operated amusement machines owned and operated by churches or
  595  synagogues.
  596         5. In addition to any other penalties imposed by this
  597  chapter, a person who knowingly and willfully violates any
  598  provision of this paragraph commits a misdemeanor of the second
  599  degree, punishable as provided in s. 775.082 or s. 775.083.
  600         6. The department may adopt rules necessary to administer
  601  the provisions of this paragraph.
  602         (i)1. At the rate of 7 6 percent on charges for all:
  603         a. Detective, burglar protection, and other protection
  604  services (SIC Industry Numbers 7381 and 7382). Any law
  605  enforcement officer, as defined in s. 943.10, who is performing
  606  approved duties as determined by his or her local law
  607  enforcement agency in his or her capacity as a law enforcement
  608  officer, and who is subject to the direct and immediate command
  609  of his or her law enforcement agency, and in the law enforcement
  610  officer's uniform as authorized by his or her law enforcement
  611  agency, is performing law enforcement and public safety services
  612  and is not performing detective, burglar protection, or other
  613  protective services, if the law enforcement officer is
  614  performing his or her approved duties in a geographical area in
  615  which the law enforcement officer has arrest jurisdiction. Such
  616  law enforcement and public safety services are not subject to
  617  tax irrespective of whether the duty is characterized as “extra
  618  duty,” “off-duty,” or “secondary employment,” and irrespective
  619  of whether the officer is paid directly or through the officer's
  620  agency by an outside source. The term “law enforcement officer”
  621  includes full-time or part-time law enforcement officers, and
  622  any auxiliary law enforcement officer, when such auxiliary law
  623  enforcement officer is working under the direct supervision of a
  624  full-time or part-time law enforcement officer.
  625         b. Nonresidential cleaning and nonresidential pest control
  626  services (SIC Industry Group Number 734).
  627         2. As used in this paragraph, “SIC” means those
  628  classifications contained in the Standard Industrial
  629  Classification Manual, 1987, as published by the Office of
  630  Management and Budget, Executive Office of the President.
  631         3. Charges for detective, burglar protection, and other
  632  protection security services performed in this state but used
  633  outside this state are exempt from taxation. Charges for
  634  detective, burglar protection, and other protection security
  635  services performed outside this state and used in this state are
  636  subject to tax.
  637         4. If a transaction involves both the sale or use of a
  638  service taxable under this paragraph and the sale or use of a
  639  service or any other item not taxable under this chapter, the
  640  consideration paid must be separately identified and stated with
  641  respect to the taxable and exempt portions of the transaction or
  642  the entire transaction shall be presumed taxable. The burden
  643  shall be on the seller of the service or the purchaser of the
  644  service, whichever applicable, to overcome this presumption by
  645  providing documentary evidence as to which portion of the
  646  transaction is exempt from tax. The department is authorized to
  647  adjust the amount of consideration identified as the taxable and
  648  exempt portions of the transaction; however, a determination
  649  that the taxable and exempt portions are inaccurately stated and
  650  that the adjustment is applicable must be supported by
  651  substantial competent evidence.
  652         5. Each seller of services subject to sales tax pursuant to
  653  this paragraph shall maintain a monthly log showing each
  654  transaction for which sales tax was not collected because the
  655  services meet the requirements of subparagraph 3. for out-of
  656  state use. The log must identify the purchaser's name, location
  657  and mailing address, and federal employer identification number,
  658  if a business, or the social security number, if an individual,
  659  the service sold, the price of the service, the date of sale,
  660  the reason for the exemption, and the sales invoice number. The
  661  monthly log shall be maintained pursuant to the same
  662  requirements and subject to the same penalties imposed for the
  663  keeping of similar records pursuant to this chapter.
  664         (j)1. Notwithstanding any other provision of this chapter,
  665  there is hereby levied a tax on the sale, use, consumption, or
  666  storage for use in this state of any coin or currency, whether
  667  in circulation or not, when such coin or currency:
  668         a. Is not legal tender;
  669         b. If legal tender, is sold, exchanged, or traded at a rate
  670  in excess of its face value; or
  671         c. Is sold, exchanged, or traded at a rate based on its
  672  precious metal content.
  673         2. Such tax shall be at a rate of 7 6 percent of the price
  674  at which the coin or currency is sold, exchanged, or traded,
  675  except that, with respect to a coin or currency which is legal
  676  tender of the United States and which is sold, exchanged, or
  677  traded, such tax shall not be levied.
  678         3. There are exempt from this tax exchanges of coins or
  679  currency which are in general circulation in, and legal tender
  680  of, one nation for coins or currency which are in general
  681  circulation in, and legal tender of, another nation when
  682  exchanged solely for use as legal tender and at an exchange rate
  683  based on the relative value of each as a medium of exchange.
  684         4. With respect to any transaction that involves the sale
  685  of coins or currency taxable under this paragraph in which the
  686  taxable amount represented by the sale of such coins or currency
  687  exceeds $500, the entire amount represented by the sale of such
  688  coins or currency is exempt from the tax imposed under this
  689  paragraph. The dealer must maintain proper documentation, as
  690  prescribed by rule of the department, to identify that portion
  691  of a transaction which involves the sale of coins or currency
  692  and is exempt under this subparagraph.
  693         (k) At the rate of 7 6 percent of the sales price of each
  694  gallon of diesel fuel not taxed under chapter 206 purchased for
  695  use in a vessel.
  696         (l) Florists located in this state are liable for sales tax
  697  on sales to retail customers regardless of where or by whom the
  698  items sold are to be delivered. Florists located in this state
  699  are not liable for sales tax on payments received from other
  700  florists for items delivered to customers in this state.
  701         (m) Operators of game concessions or other concessionaires
  702  who customarily award tangible personal property as prizes may,
  703  in lieu of paying tax on the cost price of such property, pay
  704  tax on 25 percent of the gross receipts from such concession
  705  activity.
  706         Section 5. Subsection (2) of section 212.0501, Florida
  707  Statutes, is amended to read:
  708         212.0501 Tax on diesel fuel for business purposes;
  709  purchase, storage, and use.—
  710         (2) Each person who purchases diesel fuel for consumption,
  711  use, or storage by a trade or business shall register as a
  712  dealer and remit a use tax, at the rate of 7 6 percent, on the
  713  total cost price of diesel fuel consumed.
  714         Section 6. Subsection (2) of section 212.0506, Florida
  715  Statutes, is amended to read:
  716         212.0506 Taxation of service warranties.—
  717         (2) For exercising such privilege, a tax is levied on each
  718  taxable transaction or incident, which tax is due and payable at
  719  the rate of 7 6 percent on the total consideration received or
  720  to be received by any person for issuing and delivering any
  721  service warranty.
  722         Section 7. Paragraph (a) of subsection (1) of section
  723  212.06, Florida Statutes, is amended to read:
  724         212.06 Sales, storage, use tax; collectible from dealers;
  725  “dealer” defined; dealers to collect from purchasers;
  726  legislative intent as to scope of tax.—
  727         (1)(a) The aforesaid tax at the rate of 7 6 percent of the
  728  retail sales price as of the moment of sale, 7 6 percent of the
  729  cost price as of the moment of purchase, or 7 6 percent of the
  730  cost price as of the moment of commingling with the general mass
  731  of property in this state, as the case may be, shall be
  732  collectible from all dealers as herein defined on the sale at
  733  retail, the use, the consumption, the distribution, and the
  734  storage for use or consumption in this state of tangible
  735  personal property or services taxable under this chapter. The
  736  full amount of the tax on a credit sale, installment sale, or
  737  sale made on any kind of deferred payment plan shall be due at
  738  the moment of the transaction in the same manner as on a cash
  739  sale.
  740         Section 8. Paragraph (c) of subsection (11) of section
  741  212.08, Florida Statutes, is amended to read:
  742         212.08 Sales, rental, use, consumption, distribution, and
  743  storage tax; specified exemptions.—The sale at retail, the
  744  rental, the use, the consumption, the distribution, and the
  745  storage to be used or consumed in this state of the following
  746  are hereby specifically exempt from the tax imposed by this
  747  chapter.
  748         (11) PARTIAL EXEMPTION; FLYABLE AIRCRAFT.—
  749         (c) The maximum tax collectible under this subsection may
  750  not exceed 7 6 percent of the sales price of such aircraft. No
  751  Florida tax may be imposed on the sale of such aircraft if the
  752  state in which the aircraft will be domiciled does not allow
  753  Florida sales or use tax to be credited against its sales or use
  754  tax. Furthermore, no tax may be imposed on the sale of such
  755  aircraft if the state in which the aircraft will be domiciled
  756  has enacted a sales and use tax exemption for flyable aircraft
  757  or if the aircraft will be domiciled outside the United States.
  758         Section 9. Subsections (9), (10), and (11) of section
  759  212.12, Florida Statutes, are amended to read:
  760         212.12 Dealer's credit for collecting tax; penalties for
  761  noncompliance; powers of Department of Revenue in dealing with
  762  delinquents; brackets applicable to taxable transactions;
  763  records required.—
  764         (9) Taxes imposed by this chapter upon the privilege of the
  765  use, consumption, storage for consumption, or sale of tangible
  766  personal property, admissions, license fees, rentals,
  767  communication services, and upon the sale or use of services as
  768  herein taxed shall be collected upon the basis of an addition of
  769  the tax imposed by this chapter to the total price of such
  770  admissions, license fees, rentals, communication or other
  771  services, or sale price of such article or articles that are
  772  purchased, sold, or leased at any one time by or to a customer
  773  or buyer; the dealer, or person charged herein, is required to
  774  pay a privilege tax in the amount of the tax imposed by this
  775  chapter on the total of his or her gross sales of tangible
  776  personal property, admissions, license fees, rentals, and
  777  communication services or to collect a tax upon the sale or use
  778  of services, and such person or dealer shall add the tax imposed
  779  by this chapter to the price, license fee, rental, or
  780  admissions, and communication or other services and collect the
  781  total sum from the purchaser, admittee, licensee, lessee, or
  782  consumer. The department shall make available in an electronic
  783  format or otherwise the tax amounts and the following brackets
  784  applicable to all transactions taxable at the rate of 7 6
  785  percent:
  786         (a) On single sales of less than 10 cents, no tax shall be
  787  added.
  788         (b) On single sales in amounts from 10 cents to 14 16
  789  cents, both inclusive, 1 cent shall be added for taxes.
  790         (c) On sales in amounts from 15 17 cents to 28 33 cents,
  791  both inclusive, 2 cents shall be added for taxes.
  792         (d) On sales in amounts from 29 34 cents to 42 50 cents,
  793  both inclusive, 3 cents shall be added for taxes.
  794         (e) On sales in amounts from 43 51 cents to 57 66 cents,
  795  both inclusive, 4 cents shall be added for taxes.
  796         (f) On sales in amounts from 58 67 cents to 71 83 cents,
  797  both inclusive, 5 cents shall be added for taxes.
  798         (g) On sales in amounts from 72 84 cents to 85 $1, both
  799  inclusive, 6 cents shall be added for taxes.
  800         (h) On sales in amounts from 86 cents to $1, both
  801  inclusive, 7 cents shall be added for taxes.
  802         (i)(h) On sales in amounts of more than $1, 7 6 percent
  803  shall be charged upon each dollar of price, plus the appropriate
  804  bracket charge upon any fractional part of a dollar.
  805         (10) In counties which have adopted a discretionary sales
  806  surtax at the rate of 1 percent, the department shall make
  807  available in an electronic format or otherwise the tax amounts
  808  and the following brackets applicable to all taxable
  809  transactions that would otherwise have been transactions taxable
  810  at the rate of 7 6 percent:
  811         (a) On single sales of less than 10 cents, no tax shall be
  812  added.
  813         (b) On single sales in amounts from 10 cents to 12 14
  814  cents, both inclusive, 1 cent shall be added for taxes.
  815         (c) On sales in amounts from 13 15 cents to 25 28 cents,
  816  both inclusive, 2 cents shall be added for taxes.
  817         (d) On sales in amounts from 26 29 cents to 38 42 cents,
  818  both inclusive, 3 cents shall be added for taxes.
  819         (e) On sales in amounts from 39 43 cents to 51 57 cents,
  820  both inclusive, 4 cents shall be added for taxes.
  821         (f) On sales in amounts from 52 58 cents to 64 71 cents,
  822  both inclusive, 5 cents shall be added for taxes.
  823         (g) On sales in amounts from 65 72 cents to 77 85 cents,
  824  both inclusive, 6 cents shall be added for taxes.
  825         (h) On sales in amounts from 78 86 cents to 89 cents $1,
  826  both inclusive, 7 cents shall be added for taxes.
  827         (i) On sales in amounts from 90 cents to $1, both
  828  inclusive, 8 cents shall be added for taxes.
  829         (j)(i) On sales in amounts from $1 up to, and including,
  830  the first $5,000 in price, 8 7 percent shall be charged upon
  831  each dollar of price, plus the appropriate bracket charge upon
  832  any fractional part of a dollar.
  833         (k)(j) On sales in amounts of more than $5,000 in price, 8
  834  7 percent shall be added upon the first $5,000 in price, and 7 6
  835  percent shall be added upon each dollar of price in excess of
  836  the first $5,000 in price, plus the bracket charges upon any
  837  fractional part of a dollar as provided for in subsection (9).
  838         (11) The department shall make available in an electronic
  839  format or otherwise the tax amounts and brackets applicable to
  840  all taxable transactions that occur in counties that have a
  841  surtax at a rate other than 1 percent which transactions would
  842  otherwise have been transactions taxable at the rate of 7 6
  843  percent. Likewise, the department shall make available in an
  844  electronic format or otherwise the tax amounts and brackets
  845  applicable to transactions taxable at 8 7 percent pursuant to s.
  846  212.05(1)(e) and on transactions which would otherwise have been
  847  so taxable in counties which have adopted a discretionary sales
  848  surtax.
  849         Section 10. Subsection (6) of section 212.20, Florida
  850  Statutes, is amended to read:
  851         212.20 Funds collected, disposition; additional powers of
  852  department; operational expense; refund of taxes adjudicated
  853  unconstitutionally collected.—
  854         (6) Distribution of all proceeds under this chapter and s.
  855  202.18(1)(b) and (2)(b) shall be as follows:
  856         (a) Proceeds from the convention development taxes
  857  authorized under s. 212.0305 shall be reallocated to the
  858  Convention Development Tax Clearing Trust Fund.
  859         (b) Proceeds from discretionary sales surtaxes imposed
  860  pursuant to ss. 212.054 and 212.055 shall be reallocated to the
  861  Discretionary Sales Surtax Clearing Trust Fund.
  862         (c) Proceeds from the fees imposed under ss. 212.05(1)(h)3.
  863  and 212.18(3) shall remain with the General Revenue Fund.
  864         (d) One-seventh of the proceeds of all other taxes and fees
  865  imposed pursuant to this chapter shall remain in the General
  866  Revenue Fund and be appropriated exclusively to fund K-20 public
  867  education. It is the intent of the Legislature that these funds
  868  be used for the purpose of avoiding and reversing decreases in
  869  funding. Priority consideration for funding shall be given to
  870  any program that was reduced or eliminated in the 2008-2009
  871  fiscal year. This paragraph expires July 1, 2012.
  872         (e)(d) The proceeds of all other taxes and fees imposed
  873  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
  874  and (2)(b) shall be distributed as follows:
  875         1. In any fiscal year, the greater of $500 million, minus
  876  an amount equal to 4.6 percent of the proceeds of the taxes
  877  collected pursuant to chapter 201, or 5 percent of all other
  878  taxes and fees imposed pursuant to this chapter or remitted
  879  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
  880  monthly installments into the General Revenue Fund.
  881         2. Two-tenths of one percent shall be transferred to the
  882  Ecosystem Management and Restoration Trust Fund to be used for
  883  water quality improvement and water restoration projects.
  884         3. After the distribution under subparagraphs 1. and 2.,
  885  8.814 percent of the amount remitted by a sales tax dealer
  886  located within a participating county pursuant to s. 218.61
  887  shall be transferred into the Local Government Half-cent Sales
  888  Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
  889  be transferred pursuant to this subparagraph to the Local
  890  Government Half-cent Sales Tax Clearing Trust Fund shall be
  891  reduced by 0.1 percent, and the department shall distribute this
  892  amount to the Public Employees Relations Commission Trust Fund
  893  less $5,000 each month, which shall be added to the amount
  894  calculated in subparagraph 4. and distributed accordingly.
  895         4. After the distribution under subparagraphs 1., 2., and
  896  3., 0.095 percent shall be transferred to the Local Government
  897  Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
  898  to s. 218.65.
  899         5. After the distributions under subparagraphs 1., 2., 3.,
  900  and 4., 2.0440 percent of the available proceeds pursuant to
  901  this paragraph shall be transferred monthly to the Revenue
  902  Sharing Trust Fund for Counties pursuant to s. 218.215.
  903         6. After the distributions under subparagraphs 1., 2., 3.,
  904  and 4., 1.3409 percent of the available proceeds pursuant to
  905  this paragraph shall be transferred monthly to the Revenue
  906  Sharing Trust Fund for Municipalities pursuant to s. 218.215. If
  907  the total revenue to be distributed pursuant to this
  908  subparagraph is at least as great as the amount due from the
  909  Revenue Sharing Trust Fund for Municipalities and the former
  910  Municipal Financial Assistance Trust Fund in state fiscal year
  911  1999-2000, no municipality shall receive less than the amount
  912  due from the Revenue Sharing Trust Fund for Municipalities and
  913  the former Municipal Financial Assistance Trust Fund in state
  914  fiscal year 1999-2000. If the total proceeds to be distributed
  915  are less than the amount received in combination from the
  916  Revenue Sharing Trust Fund for Municipalities and the former
  917  Municipal Financial Assistance Trust Fund in state fiscal year
  918  1999-2000, each municipality shall receive an amount
  919  proportionate to the amount it was due in state fiscal year
  920  1999-2000.
  921         7. Of the remaining proceeds:
  922         a. In each fiscal year, the sum of $29,915,500 shall be
  923  divided into as many equal parts as there are counties in the
  924  state, and one part shall be distributed to each county. The
  925  distribution among the several counties shall begin each fiscal
  926  year on or before January 5th and shall continue monthly for a
  927  total of 4 months. If a local or special law required that any
  928  moneys accruing to a county in fiscal year 1999-2000 under the
  929  then-existing provisions of s. 550.135 be paid directly to the
  930  district school board, special district, or a municipal
  931  government, such payment shall continue until such time that the
  932  local or special law is amended or repealed. The state covenants
  933  with holders of bonds or other instruments of indebtedness
  934  issued by local governments, special districts, or district
  935  school boards prior to July 1, 2000, that it is not the intent
  936  of this subparagraph to adversely affect the rights of those
  937  holders or relieve local governments, special districts, or
  938  district school boards of the duty to meet their obligations as
  939  a result of previous pledges or assignments or trusts entered
  940  into which obligated funds received from the distribution to
  941  county governments under then-existing s. 550.135. This
  942  distribution specifically is in lieu of funds distributed under
  943  s. 550.135 prior to July 1, 2000.
  944         b. The department shall distribute $166,667 monthly
  945  pursuant to s. 288.1162 to each applicant that has been
  946  certified as a “facility for a new professional sports
  947  franchise” or a “facility for a retained professional sports
  948  franchise” pursuant to s. 288.1162. Up to $41,667 shall be
  949  distributed monthly by the department to each applicant that has
  950  been certified as a “facility for a retained spring training
  951  franchise” pursuant to s. 288.1162; however, not more than
  952  $416,670 may be distributed monthly in the aggregate to all
  953  certified facilities for a retained spring training franchise.
  954  Distributions shall begin 60 days following such certification
  955  and shall continue for not more than 30 years. Nothing contained
  956  in this paragraph shall be construed to allow an applicant
  957  certified pursuant to s. 288.1162 to receive more in
  958  distributions than actually expended by the applicant for the
  959  public purposes provided for in s. 288.1162(6).
  960         c. Beginning 30 days after notice by the Office of Tourism,
  961  Trade, and Economic Development to the Department of Revenue
  962  that an applicant has been certified as the professional golf
  963  hall of fame pursuant to s. 288.1168 and is open to the public,
  964  $166,667 shall be distributed monthly, for up to 300 months, to
  965  the applicant.
  966         d. Beginning 30 days after notice by the Office of Tourism,
  967  Trade, and Economic Development to the Department of Revenue
  968  that the applicant has been certified as the International Game
  969  Fish Association World Center facility pursuant to s. 288.1169,
  970  and the facility is open to the public, $83,333 shall be
  971  distributed monthly, for up to 168 months, to the applicant.
  972  This distribution is subject to reduction pursuant to s.
  973  288.1169. A lump sum payment of $999,996 shall be made, after
  974  certification and before July 1, 2000.
  975         8. All other proceeds shall remain with the General Revenue
  976  Fund.
  977         Section 11. Effective July 1, 2012, subsections (1), (3),
  978  and (6) of section 212.03, Florida Statutes, as amended by this
  979  act, are amended to read:
  980         212.03 Transient rentals tax; rate, procedure, enforcement,
  981  exemptions.—
  982         (1) It is hereby declared to be the legislative intent that
  983  every person is exercising a taxable privilege who engages in
  984  the business of renting, leasing, letting, or granting a license
  985  to use any living quarters or sleeping or housekeeping
  986  accommodations in, from, or a part of, or in connection with any
  987  hotel, apartment house, roominghouse, or tourist or trailer
  988  camp. However, any person who rents, leases, lets, or grants a
  989  license to others to use, occupy, or enter upon any living
  990  quarters or sleeping or housekeeping accommodations in apartment
  991  houses, roominghouses, tourist camps, or trailer camps, and who
  992  exclusively enters into a bona fide written agreement for
  993  continuous residence for longer than 6 months in duration at
  994  such property is not exercising a taxable privilege. For the
  995  exercise of such taxable privilege, a tax is hereby levied in an
  996  amount equal to 6 7 percent of and on the total rental charged
  997  for such living quarters or sleeping or housekeeping
  998  accommodations by the person charging or collecting the rental.
  999  Such tax shall apply to hotels, apartment houses, roominghouses,
 1000  or tourist or trailer camps whether or not there is in
 1001  connection with any of the same any dining rooms, cafes, or
 1002  other places where meals or lunches are sold or served to
 1003  guests.
 1004         (3) When rentals are received by way of property, goods,
 1005  wares, merchandise, services, or other things of value, the tax
 1006  shall be at the rate of 6 7 percent of the value of the
 1007  property, goods, wares, merchandise, services, or other things
 1008  of value.
 1009         (6) It is the legislative intent that every person is
 1010  engaging in a taxable privilege who leases or rents parking or
 1011  storage spaces for motor vehicles in parking lots or garages,
 1012  who leases or rents docking or storage spaces for boats in boat
 1013  docks or marinas, or who leases or rents tie-down or storage
 1014  space for aircraft at airports. For the exercise of this
 1015  privilege, a tax is hereby levied at the rate of 6 7 percent on
 1016  the total rental charged.
 1017         Section 12. Effective July 1, 2012, paragraphs (c) and (d)
 1018  of subsection (1) of section 212.031, Florida Statutes, as
 1019  amended by this act, are amended to read:
 1020         212.031 Tax on rental or license fee for use of real
 1021  property.—
 1022         (1)
 1023         (c) For the exercise of such privilege, a tax is levied in
 1024  an amount equal to 6 7 percent of and on the total rent or
 1025  license fee charged for such real property by the person
 1026  charging or collecting the rental or license fee. The total rent
 1027  or license fee charged for such real property shall include
 1028  payments for the granting of a privilege to use or occupy real
 1029  property for any purpose and shall include base rent, percentage
 1030  rents, or similar charges. Such charges shall be included in the
 1031  total rent or license fee subject to tax under this section
 1032  whether or not they can be attributed to the ability of the
 1033  lessor's or licensor's property as used or operated to attract
 1034  customers. Payments for intrinsically valuable personal property
 1035  such as franchises, trademarks, service marks, logos, or patents
 1036  are not subject to tax under this section. In the case of a
 1037  contractual arrangement that provides for both payments taxable
 1038  as total rent or license fee and payments not subject to tax,
 1039  the tax shall be based on a reasonable allocation of such
 1040  payments and shall not apply to that portion which is for the
 1041  nontaxable payments.
 1042         (d) When the rental or license fee of any such real
 1043  property is paid by way of property, goods, wares, merchandise,
 1044  services, or other thing of value, the tax shall be at the rate
 1045  of 6 7 percent of the value of the property, goods, wares,
 1046  merchandise, services, or other thing of value.
 1047         Section 13. Effective July 1, 2012, paragraph (b) of
 1048  subsection (1) and paragraph (a) of subsection (2) of section
 1049  212.04, Florida Statutes, as amended by this act, are amended to
 1050  read:
 1051         212.04 Admissions tax; rate, procedure, enforcement.—
 1052         (1)
 1053         (b) For the exercise of such privilege, a tax is levied at
 1054  the rate of 6 7 percent of sales price, or the actual value
 1055  received from such admissions, which 6 7 percent shall be added
 1056  to and collected with all such admissions from the purchaser
 1057  thereof, and such tax shall be paid for the exercise of the
 1058  privilege as defined in the preceding paragraph. Each ticket
 1059  must show on its face the actual sales price of the admission,
 1060  or each dealer selling the admission must prominently display at
 1061  the box office or other place where the admission charge is made
 1062  a notice disclosing the price of the admission, and the tax
 1063  shall be computed and collected on the basis of the actual price
 1064  of the admission charged by the dealer. The sale price or actual
 1065  value of admission shall, for the purpose of this chapter, be
 1066  that price remaining after deduction of federal taxes and state
 1067  or locally imposed or authorized seat surcharges, taxes, or
 1068  fees, if any, imposed upon such admission. The sale price or
 1069  actual value does not include separately stated ticket service
 1070  charges that are imposed by a facility ticket office or a
 1071  ticketing service and added to a separately stated, established
 1072  ticket price. The rate of tax on each admission shall be
 1073  according to the brackets established by s. 212.12(9).
 1074         (2)(a)1. No tax shall be levied on admissions to athletic
 1075  or other events sponsored by elementary schools, junior high
 1076  schools, middle schools, high schools, community colleges,
 1077  public or private colleges and universities, deaf and blind
 1078  schools, facilities of the youth services programs of the
 1079  Department of Children and Family Services, and state
 1080  correctional institutions when only student, faculty, or inmate
 1081  talent is used. However, this exemption shall not apply to
 1082  admission to athletic events sponsored by a state university,
 1083  and the proceeds of the tax collected on such admissions shall
 1084  be retained and used by each institution to support women's
 1085  athletics as provided in s. 1006.71(2)(c).
 1086         2.a. No tax shall be levied on dues, membership fees, and
 1087  admission charges imposed by not-for-profit sponsoring
 1088  organizations. To receive this exemption, the sponsoring
 1089  organization must qualify as a not-for-profit entity under the
 1090  provisions of s. 501(c)(3) of the Internal Revenue Code of 1954,
 1091  as amended.
 1092         b. No tax shall be levied on admission charges to an event
 1093  sponsored by a governmental entity, sports authority, or sports
 1094  commission when held in a convention hall, exhibition hall,
 1095  auditorium, stadium, theater, arena, civic center, performing
 1096  arts center, or publicly owned recreational facility and when
 1097  100 percent of the risk of success or failure lies with the
 1098  sponsor of the event and 100 percent of the funds at risk for
 1099  the event belong to the sponsor, and student or faculty talent
 1100  is not exclusively used. As used in this sub-subparagraph, the
 1101  terms “sports authority” and “sports commission” mean a
 1102  nonprofit organization that is exempt from federal income tax
 1103  under s. 501(c)(3) of the Internal Revenue Code and that
 1104  contracts with a county or municipal government for the purpose
 1105  of promoting and attracting sports-tourism events to the
 1106  community with which it contracts. This sub-subparagraph is
 1107  repealed July 1, 2009.
 1108         3. No tax shall be levied on an admission paid by a
 1109  student, or on the student's behalf, to any required place of
 1110  sport or recreation if the student's participation in the sport
 1111  or recreational activity is required as a part of a program or
 1112  activity sponsored by, and under the jurisdiction of, the
 1113  student's educational institution, provided his or her
 1114  attendance is as a participant and not as a spectator.
 1115         4. No tax shall be levied on admissions to the National
 1116  Football League championship game, on admissions to any
 1117  semifinal game or championship game of a national collegiate
 1118  tournament, or on admissions to a Major League Baseball all-star
 1119  game.
 1120         5. A participation fee or sponsorship fee imposed by a
 1121  governmental entity as described in s. 212.08(6) for an athletic
 1122  or recreational program is exempt when the governmental entity
 1123  by itself, or in conjunction with an organization exempt under
 1124  s. 501(c)(3) of the Internal Revenue Code of 1954, as amended,
 1125  sponsors, administers, plans, supervises, directs, and controls
 1126  the athletic or recreational program.
 1127         6. Also exempt from the tax imposed by this section to the
 1128  extent provided in this subparagraph are admissions to live
 1129  theater, live opera, or live ballet productions in this state
 1130  which are sponsored by an organization that has received a
 1131  determination from the Internal Revenue Service that the
 1132  organization is exempt from federal income tax under s.
 1133  501(c)(3) of the Internal Revenue Code of 1954, as amended, if
 1134  the organization actively participates in planning and
 1135  conducting the event, is responsible for the safety and success
 1136  of the event, is organized for the purpose of sponsoring live
 1137  theater, live opera, or live ballet productions in this state,
 1138  has more than 10,000 subscribing members and has among the
 1139  stated purposes in its charter the promotion of arts education
 1140  in the communities which it serves, and will receive at least 20
 1141  percent of the net profits, if any, of the events which the
 1142  organization sponsors and will bear the risk of at least 20
 1143  percent of the losses, if any, from the events which it sponsors
 1144  if the organization employs other persons as agents to provide
 1145  services in connection with a sponsored event. Prior to March 1
 1146  of each year, such organization may apply to the department for
 1147  a certificate of exemption for admissions to such events
 1148  sponsored in this state by the organization during the
 1149  immediately following state fiscal year. The application shall
 1150  state the total dollar amount of admissions receipts collected
 1151  by the organization or its agents from such events in this state
 1152  sponsored by the organization or its agents in the year
 1153  immediately preceding the year in which the organization applies
 1154  for the exemption. Such organization shall receive the exemption
 1155  only to the extent of $1.5 million multiplied by the ratio that
 1156  such receipts bear to the total of such receipts of all
 1157  organizations applying for the exemption in such year; however,
 1158  in no event shall such exemption granted to any organization
 1159  exceed 6 7 percent of such admissions receipts collected by the
 1160  organization or its agents in the year immediately preceding the
 1161  year in which the organization applies for the exemption. Each
 1162  organization receiving the exemption shall report each month to
 1163  the department the total admissions receipts collected from such
 1164  events sponsored by the organization during the preceding month
 1165  and shall remit to the department an amount equal to 6 7 percent
 1166  of such receipts reduced by any amount remaining under the
 1167  exemption. Tickets for such events sold by such organizations
 1168  shall not reflect the tax otherwise imposed under this section.
 1169         7. Also exempt from the tax imposed by this section are
 1170  entry fees for participation in freshwater fishing tournaments.
 1171         8. Also exempt from the tax imposed by this section are
 1172  participation or entry fees charged to participants in a game,
 1173  race, or other sport or recreational event if spectators are
 1174  charged a taxable admission to such event.
 1175         9. No tax shall be levied on admissions to any postseason
 1176  collegiate football game sanctioned by the National Collegiate
 1177  Athletic Association.
 1178         Section 14. Effective July 1, 2012, subsection (1) of
 1179  section 212.05, Florida Statutes, as amended by this act, is
 1180  amended to read:
 1181         212.05 Sales, storage, use tax.—It is hereby declared to be
 1182  the legislative intent that every person is exercising a taxable
 1183  privilege who engages in the business of selling tangible
 1184  personal property at retail in this state, including the
 1185  business of making mail order sales, or who rents or furnishes
 1186  any of the things or services taxable under this chapter, or who
 1187  stores for use or consumption in this state any item or article
 1188  of tangible personal property as defined herein and who leases
 1189  or rents such property within the state.
 1190         (1) For the exercise of such privilege, a tax is levied on
 1191  each taxable transaction or incident, which tax is due and
 1192  payable as follows:
 1193         (a)1.a. At the rate of 6 7 percent of the sales price of
 1194  each item or article of tangible personal property when sold at
 1195  retail in this state, computed on each taxable sale for the
 1196  purpose of remitting the amount of tax due the state, and
 1197  including each and every retail sale.
 1198         b. Each occasional or isolated sale of an aircraft, boat,
 1199  mobile home, or motor vehicle of a class or type which is
 1200  required to be registered, licensed, titled, or documented in
 1201  this state or by the United States Government shall be subject
 1202  to tax at the rate provided in this paragraph. The department
 1203  shall by rule adopt any nationally recognized publication for
 1204  valuation of used motor vehicles as the reference price list for
 1205  any used motor vehicle which is required to be licensed pursuant
 1206  to s. 320.08(1), (2), (3)(a), (b), (c), or (e), or (9). If any
 1207  party to an occasional or isolated sale of such a vehicle
 1208  reports to the tax collector a sales price which is less than 80
 1209  percent of the average loan price for the specified model and
 1210  year of such vehicle as listed in the most recent reference
 1211  price list, the tax levied under this paragraph shall be
 1212  computed by the department on such average loan price unless the
 1213  parties to the sale have provided to the tax collector an
 1214  affidavit signed by each party, or other substantial proof,
 1215  stating the actual sales price. Any party to such sale who
 1216  reports a sales price less than the actual sales price is guilty
 1217  of a misdemeanor of the first degree, punishable as provided in
 1218  s. 775.082 or s. 775.083. The department shall collect or
 1219  attempt to collect from such party any delinquent sales taxes.
 1220  In addition, such party shall pay any tax due and any penalty
 1221  and interest assessed plus a penalty equal to twice the amount
 1222  of the additional tax owed. Notwithstanding any other provision
 1223  of law, the Department of Revenue may waive or compromise any
 1224  penalty imposed pursuant to this subparagraph.
 1225         2. This paragraph does not apply to the sale of a boat or
 1226  aircraft by or through a registered dealer under this chapter to
 1227  a purchaser who, at the time of taking delivery, is a
 1228  nonresident of this state, does not make his or her permanent
 1229  place of abode in this state, and is not engaged in carrying on
 1230  in this state any employment, trade, business, or profession in
 1231  which the boat or aircraft will be used in this state, or is a
 1232  corporation none of the officers or directors of which is a
 1233  resident of, or makes his or her permanent place of abode in,
 1234  this state, or is a noncorporate entity that has no individual
 1235  vested with authority to participate in the management,
 1236  direction, or control of the entity's affairs who is a resident
 1237  of, or makes his or her permanent abode in, this state. For
 1238  purposes of this exemption, either a registered dealer acting on
 1239  his or her own behalf as seller, a registered dealer acting as
 1240  broker on behalf of a seller, or a registered dealer acting as
 1241  broker on behalf of the purchaser may be deemed to be the
 1242  selling dealer. This exemption shall not be allowed unless:
 1243         a. The purchaser removes a qualifying boat, as described in
 1244  sub-subparagraph f., from the state within 90 days after the
 1245  date of purchase or the purchaser removes a nonqualifying boat
 1246  or an aircraft from this state within 10 days after the date of
 1247  purchase or, when the boat or aircraft is repaired or altered,
 1248  within 20 days after completion of the repairs or alterations;
 1249         b. The purchaser, within 30 days from the date of
 1250  departure, shall provide the department with written proof that
 1251  the purchaser licensed, registered, titled, or documented the
 1252  boat or aircraft outside the state. If such written proof is
 1253  unavailable, within 30 days the purchaser shall provide proof
 1254  that the purchaser applied for such license, title,
 1255  registration, or documentation. The purchaser shall forward to
 1256  the department proof of title, license, registration, or
 1257  documentation upon receipt.
 1258         c. The purchaser, within 10 days of removing the boat or
 1259  aircraft from Florida, shall furnish the department with proof
 1260  of removal in the form of receipts for fuel, dockage, slippage,
 1261  tie-down, or hangaring from outside of Florida. The information
 1262  so provided must clearly and specifically identify the boat or
 1263  aircraft;
 1264         d. The selling dealer, within 5 days of the date of sale,
 1265  shall provide to the department a copy of the sales invoice,
 1266  closing statement, bills of sale, and the original affidavit
 1267  signed by the purchaser attesting that he or she has read the
 1268  provisions of this section;
 1269         e. The seller makes a copy of the affidavit a part of his
 1270  or her record for as long as required by s. 213.35; and
 1271         f. Unless the nonresident purchaser of a boat of 5 net tons
 1272  of admeasurement or larger intends to remove the boat from this
 1273  state within 10 days after the date of purchase or when the boat
 1274  is repaired or altered, within 20 days after completion of the
 1275  repairs or alterations, the nonresident purchaser shall apply to
 1276  the selling dealer for a decal which authorizes 90 days after
 1277  the date of purchase for removal of the boat. The department is
 1278  authorized to issue decals in advance to dealers. The number of
 1279  decals issued in advance to a dealer shall be consistent with
 1280  the volume of the dealer's past sales of boats which qualify
 1281  under this sub-subparagraph. The selling dealer or his or her
 1282  agent shall mark and affix the decals to qualifying boats in the
 1283  manner prescribed by the department, prior to delivery of the
 1284  boat.
 1285         (I) The department is hereby authorized to charge dealers a
 1286  fee sufficient to recover the costs of decals issued.
 1287         (II) The proceeds from the sale of decals will be deposited
 1288  into the administrative trust fund.
 1289         (III) Decals shall display information to identify the boat
 1290  as a qualifying boat under this sub-subparagraph, including, but
 1291  not limited to, the decal's date of expiration.
 1292         (IV) The department is authorized to require dealers who
 1293  purchase decals to file reports with the department and may
 1294  prescribe all necessary records by rule. All such records are
 1295  subject to inspection by the department.
 1296         (V) Any dealer or his or her agent who issues a decal
 1297  falsely, fails to affix a decal, mismarks the expiration date of
 1298  a decal, or fails to properly account for decals will be
 1299  considered prima facie to have committed a fraudulent act to
 1300  evade the tax and will be liable for payment of the tax plus a
 1301  mandatory penalty of 200 percent of the tax, and shall be liable
 1302  for fine and punishment as provided by law for a conviction of a
 1303  misdemeanor of the first degree, as provided in s. 775.082 or s.
 1304  775.083.
 1305         (VI) Any nonresident purchaser of a boat who removes a
 1306  decal prior to permanently removing the boat from the state, or
 1307  defaces, changes, modifies, or alters a decal in a manner
 1308  affecting its expiration date prior to its expiration, or who
 1309  causes or allows the same to be done by another, will be
 1310  considered prima facie to have committed a fraudulent act to
 1311  evade the tax and will be liable for payment of the tax plus a
 1312  mandatory penalty of 200 percent of the tax, and shall be liable
 1313  for fine and punishment as provided by law for a conviction of a
 1314  misdemeanor of the first degree, as provided in s. 775.082 or s.
 1315  775.083.
 1316         (VII) The department is authorized to adopt rules necessary
 1317  to administer and enforce this subparagraph and to publish the
 1318  necessary forms and instructions.
 1319         (VIII) The department is hereby authorized to adopt
 1320  emergency rules pursuant to s. 120.54(4) to administer and
 1321  enforce the provisions of this subparagraph.
 1322  
 1323  If the purchaser fails to remove the qualifying boat from this
 1324  state within 90 days after purchase or a nonqualifying boat or
 1325  an aircraft from this state within 10 days after purchase or,
 1326  when the boat or aircraft is repaired or altered, within 20 days
 1327  after completion of such repairs or alterations, or permits the
 1328  boat or aircraft to return to this state within 6 months from
 1329  the date of departure, or if the purchaser fails to furnish the
 1330  department with any of the documentation required by this
 1331  subparagraph within the prescribed time period, the purchaser
 1332  shall be liable for use tax on the cost price of the boat or
 1333  aircraft and, in addition thereto, payment of a penalty to the
 1334  Department of Revenue equal to the tax payable. This penalty
 1335  shall be in lieu of the penalty imposed by s. 212.12(2) and is
 1336  mandatory and shall not be waived by the department. The 90-day
 1337  period following the sale of a qualifying boat tax-exempt to a
 1338  nonresident may not be tolled for any reason. Notwithstanding
 1339  other provisions of this paragraph to the contrary, an aircraft
 1340  purchased in this state under the provisions of this paragraph
 1341  may be returned to this state for repairs within 6 months after
 1342  the date of its departure without being in violation of the law
 1343  and without incurring liability for the payment of tax or
 1344  penalty on the purchase price of the aircraft if the aircraft is
 1345  removed from this state within 20 days after the completion of
 1346  the repairs and if such removal can be demonstrated by invoices
 1347  for fuel, tie-down, hangar charges issued by out-of-state
 1348  vendors or suppliers, or similar documentation.
 1349         (b) At the rate of 6 7 percent of the cost price of each
 1350  item or article of tangible personal property when the same is
 1351  not sold but is used, consumed, distributed, or stored for use
 1352  or consumption in this state; however, for tangible property
 1353  originally purchased exempt from tax for use exclusively for
 1354  lease and which is converted to the owner's own use, tax may be
 1355  paid on the fair market value of the property at the time of
 1356  conversion. If the fair market value of the property cannot be
 1357  determined, use tax at the time of conversion shall be based on
 1358  the owner's acquisition cost. Under no circumstances may the
 1359  aggregate amount of sales tax from leasing the property and use
 1360  tax due at the time of conversion be less than the total sales
 1361  tax that would have been due on the original acquisition cost
 1362  paid by the owner.
 1363         (c) At the rate of 6 7 percent of the gross proceeds
 1364  derived from the lease or rental of tangible personal property,
 1365  as defined herein; however, the following special provisions
 1366  apply to the lease or rental of motor vehicles:
 1367         1. When a motor vehicle is leased or rented for a period of
 1368  less than 12 months:
 1369         a. If the motor vehicle is rented in Florida, the entire
 1370  amount of such rental is taxable, even if the vehicle is dropped
 1371  off in another state.
 1372         b. If the motor vehicle is rented in another state and
 1373  dropped off in Florida, the rental is exempt from Florida tax.
 1374         2. Except as provided in subparagraph 3., for the lease or
 1375  rental of a motor vehicle for a period of not less than 12
 1376  months, sales tax is due on the lease or rental payments if the
 1377  vehicle is registered in this state; provided, however, that no
 1378  tax shall be due if the taxpayer documents use of the motor
 1379  vehicle outside this state and tax is being paid on the lease or
 1380  rental payments in another state.
 1381         3. The tax imposed by this chapter does not apply to the
 1382  lease or rental of a commercial motor vehicle as defined in s.
 1383  316.003(66)(a) to one lessee or rentee for a period of not less
 1384  than 12 months when tax was paid on the purchase price of such
 1385  vehicle by the lessor. To the extent tax was paid with respect
 1386  to the purchase of such vehicle in another state, territory of
 1387  the United States, or the District of Columbia, the Florida tax
 1388  payable shall be reduced in accordance with the provisions of s.
 1389  212.06(7). This subparagraph shall only be available when the
 1390  lease or rental of such property is an established business or
 1391  part of an established business or the same is incidental or
 1392  germane to such business.
 1393         (d) At the rate of 6 7 percent of the lease or rental price
 1394  paid by a lessee or rentee, or contracted or agreed to be paid
 1395  by a lessee or rentee, to the owner of the tangible personal
 1396  property.
 1397         (e)1. At the rate of 6 7 percent on charges for:
 1398         a. Prepaid calling arrangements. The tax on charges for
 1399  prepaid calling arrangements shall be collected at the time of
 1400  sale and remitted by the selling dealer.
 1401         (I) “Prepaid calling arrangement” means the separately
 1402  stated retail sale by advance payment of communications services
 1403  that consist exclusively of telephone calls originated by using
 1404  an access number, authorization code, or other means that may be
 1405  manually, electronically, or otherwise entered and that are sold
 1406  in predetermined units or dollars whose number declines with use
 1407  in a known amount.
 1408         (II) If the sale or recharge of the prepaid calling
 1409  arrangement does not take place at the dealer's place of
 1410  business, it shall be deemed to take place at the customer's
 1411  shipping address or, if no item is shipped, at the customer's
 1412  address or the location associated with the customer's mobile
 1413  telephone number.
 1414         (III) The sale or recharge of a prepaid calling arrangement
 1415  shall be treated as a sale of tangible personal property for
 1416  purposes of this chapter, whether or not a tangible item
 1417  evidencing such arrangement is furnished to the purchaser, and
 1418  such sale within this state subjects the selling dealer to the
 1419  jurisdiction of this state for purposes of this subsection.
 1420         b. The installation of telecommunication and telegraphic
 1421  equipment.
 1422         c. Electrical power or energy, except that the tax rate for
 1423  charges for electrical power or energy is 7 8 percent.
 1424         2. The provisions of s. 212.17(3), regarding credit for tax
 1425  paid on charges subsequently found to be worthless, shall be
 1426  equally applicable to any tax paid under the provisions of this
 1427  section on charges for prepaid calling arrangements,
 1428  telecommunication or telegraph services, or electric power
 1429  subsequently found to be uncollectible. The word “charges” in
 1430  this paragraph does not include any excise or similar tax levied
 1431  by the Federal Government, any political subdivision of the
 1432  state, or any municipality upon the purchase, sale, or recharge
 1433  of prepaid calling arrangements or upon the purchase or sale of
 1434  telecommunication, television system program, or telegraph
 1435  service or electric power, which tax is collected by the seller
 1436  from the purchaser.
 1437         (f) At the rate of 6 7 percent on the sale, rental, use,
 1438  consumption, or storage for use in this state of machines and
 1439  equipment, and parts and accessories therefor, used in
 1440  manufacturing, processing, compounding, producing, mining, or
 1441  quarrying personal property for sale or to be used in furnishing
 1442  communications, transportation, or public utility services.
 1443         (g)1. At the rate of 6 7 percent on the retail price of
 1444  newspapers and magazines sold or used in Florida.
 1445         2. Notwithstanding other provisions of this chapter,
 1446  inserts of printed materials which are distributed with a
 1447  newspaper or magazine are a component part of the newspaper or
 1448  magazine, and neither the sale nor use of such inserts is
 1449  subject to tax when:
 1450         a. Printed by a newspaper or magazine publisher or
 1451  commercial printer and distributed as a component part of a
 1452  newspaper or magazine, which means that the items after being
 1453  printed are delivered directly to a newspaper or magazine
 1454  publisher by the printer for inclusion in editions of the
 1455  distributed newspaper or magazine;
 1456         b. Such publications are labeled as part of the designated
 1457  newspaper or magazine publication into which they are to be
 1458  inserted; and
 1459         c. The purchaser of the insert presents a resale
 1460  certificate to the vendor stating that the inserts are to be
 1461  distributed as a component part of a newspaper or magazine.
 1462         (h)1. A tax is imposed at the rate of 4 5 percent on the
 1463  charges for the use of coin-operated amusement machines. The tax
 1464  shall be calculated by dividing the gross receipts from such
 1465  charges for the applicable reporting period by a divisor,
 1466  determined as provided in this subparagraph, to compute gross
 1467  taxable sales, and then subtracting gross taxable sales from
 1468  gross receipts to arrive at the amount of tax due. For counties
 1469  that do not impose a discretionary sales surtax, the divisor is
 1470  equal to 1.04 1.05; for counties that impose a 0.5 percent
 1471  discretionary sales surtax, the divisor is equal to 1.045 1.055;
 1472  for counties that impose a 1 percent discretionary sales surtax,
 1473  the divisor is equal to 1.050 1.060; and for counties that
 1474  impose a 2 percent sales surtax, the divisor is equal to 1.060
 1475  1.070. If a county imposes a discretionary sales surtax that is
 1476  not listed in this subparagraph, the department shall make the
 1477  applicable divisor available in an electronic format or
 1478  otherwise. Additional divisors shall bear the same mathematical
 1479  relationship to the next higher and next lower divisors as the
 1480  new surtax rate bears to the next higher and next lower surtax
 1481  rates for which divisors have been established. When a machine
 1482  is activated by a slug, token, coupon, or any similar device
 1483  which has been purchased, the tax is on the price paid by the
 1484  user of the device for such device.
 1485         2. As used in this paragraph, the term “operator” means any
 1486  person who possesses a coin-operated amusement machine for the
 1487  purpose of generating sales through that machine and who is
 1488  responsible for removing the receipts from the machine.
 1489         a. If the owner of the machine is also the operator of it,
 1490  he or she shall be liable for payment of the tax without any
 1491  deduction for rent or a license fee paid to a location owner for
 1492  the use of any real property on which the machine is located.
 1493         b. If the owner or lessee of the machine is also its
 1494  operator, he or she shall be liable for payment of the tax on
 1495  the purchase or lease of the machine, as well as the tax on
 1496  sales generated through the machine.
 1497         c. If the proprietor of the business where the machine is
 1498  located does not own the machine, he or she shall be deemed to
 1499  be the lessee and operator of the machine and is responsible for
 1500  the payment of the tax on sales, unless such responsibility is
 1501  otherwise provided for in a written agreement between him or her
 1502  and the machine owner.
 1503         3.a. An operator of a coin-operated amusement machine may
 1504  not operate or cause to be operated in this state any such
 1505  machine until the operator has registered with the department
 1506  and has conspicuously displayed an identifying certificate
 1507  issued by the department. The identifying certificate shall be
 1508  issued by the department upon application from the operator. The
 1509  identifying certificate shall include a unique number, and the
 1510  certificate shall be permanently marked with the operator's
 1511  name, the operator's sales tax number, and the maximum number of
 1512  machines to be operated under the certificate. An identifying
 1513  certificate shall not be transferred from one operator to
 1514  another. The identifying certificate must be conspicuously
 1515  displayed on the premises where the coin-operated amusement
 1516  machines are being operated.
 1517         b. The operator of the machine must obtain an identifying
 1518  certificate before the machine is first operated in the state
 1519  and by July 1 of each year thereafter. The annual fee for each
 1520  certificate shall be based on the number of machines identified
 1521  on the application times $30 and is due and payable upon
 1522  application for the identifying device. The application shall
 1523  contain the operator's name, sales tax number, business address
 1524  where the machines are being operated, and the number of
 1525  machines in operation at that place of business by the operator.
 1526  No operator may operate more machines than are listed on the
 1527  certificate. A new certificate is required if more machines are
 1528  being operated at that location than are listed on the
 1529  certificate. The fee for the new certificate shall be based on
 1530  the number of additional machines identified on the application
 1531  form times $30.
 1532         c. A penalty of $250 per machine is imposed on the operator
 1533  for failing to properly obtain and display the required
 1534  identifying certificate. A penalty of $250 is imposed on the
 1535  lessee of any machine placed in a place of business without a
 1536  proper current identifying certificate. Such penalties shall
 1537  apply in addition to all other applicable taxes, interest, and
 1538  penalties.
 1539         d. Operators of coin-operated amusement machines must
 1540  obtain a separate sales and use tax certificate of registration
 1541  for each county in which such machines are located. One sales
 1542  and use tax certificate of registration is sufficient for all of
 1543  the operator's machines within a single county.
 1544         4. The provisions of this paragraph do not apply to coin
 1545  operated amusement machines owned and operated by churches or
 1546  synagogues.
 1547         5. In addition to any other penalties imposed by this
 1548  chapter, a person who knowingly and willfully violates any
 1549  provision of this paragraph commits a misdemeanor of the second
 1550  degree, punishable as provided in s. 775.082 or s. 775.083.
 1551         6. The department may adopt rules necessary to administer
 1552  the provisions of this paragraph.
 1553         (i)1. At the rate of 6 7 percent on charges for all:
 1554         a. Detective, burglar protection, and other protection
 1555  services (SIC Industry Numbers 7381 and 7382). Any law
 1556  enforcement officer, as defined in s. 943.10, who is performing
 1557  approved duties as determined by his or her local law
 1558  enforcement agency in his or her capacity as a law enforcement
 1559  officer, and who is subject to the direct and immediate command
 1560  of his or her law enforcement agency, and in the law enforcement
 1561  officer's uniform as authorized by his or her law enforcement
 1562  agency, is performing law enforcement and public safety services
 1563  and is not performing detective, burglar protection, or other
 1564  protective services, if the law enforcement officer is
 1565  performing his or her approved duties in a geographical area in
 1566  which the law enforcement officer has arrest jurisdiction. Such
 1567  law enforcement and public safety services are not subject to
 1568  tax irrespective of whether the duty is characterized as “extra
 1569  duty,” “off-duty,” or “secondary employment,” and irrespective
 1570  of whether the officer is paid directly or through the officer's
 1571  agency by an outside source. The term “law enforcement officer”
 1572  includes full-time or part-time law enforcement officers, and
 1573  any auxiliary law enforcement officer, when such auxiliary law
 1574  enforcement officer is working under the direct supervision of a
 1575  full-time or part-time law enforcement officer.
 1576         b. Nonresidential cleaning and nonresidential pest control
 1577  services (SIC Industry Group Number 734).
 1578         2. As used in this paragraph, “SIC” means those
 1579  classifications contained in the Standard Industrial
 1580  Classification Manual, 1987, as published by the Office of
 1581  Management and Budget, Executive Office of the President.
 1582         3. Charges for detective, burglar protection, and other
 1583  protection security services performed in this state but used
 1584  outside this state are exempt from taxation. Charges for
 1585  detective, burglar protection, and other protection security
 1586  services performed outside this state and used in this state are
 1587  subject to tax.
 1588         4. If a transaction involves both the sale or use of a
 1589  service taxable under this paragraph and the sale or use of a
 1590  service or any other item not taxable under this chapter, the
 1591  consideration paid must be separately identified and stated with
 1592  respect to the taxable and exempt portions of the transaction or
 1593  the entire transaction shall be presumed taxable. The burden
 1594  shall be on the seller of the service or the purchaser of the
 1595  service, whichever applicable, to overcome this presumption by
 1596  providing documentary evidence as to which portion of the
 1597  transaction is exempt from tax. The department is authorized to
 1598  adjust the amount of consideration identified as the taxable and
 1599  exempt portions of the transaction; however, a determination
 1600  that the taxable and exempt portions are inaccurately stated and
 1601  that the adjustment is applicable must be supported by
 1602  substantial competent evidence.
 1603         5. Each seller of services subject to sales tax pursuant to
 1604  this paragraph shall maintain a monthly log showing each
 1605  transaction for which sales tax was not collected because the
 1606  services meet the requirements of subparagraph 3. for out-of
 1607  state use. The log must identify the purchaser's name, location
 1608  and mailing address, and federal employer identification number,
 1609  if a business, or the social security number, if an individual,
 1610  the service sold, the price of the service, the date of sale,
 1611  the reason for the exemption, and the sales invoice number. The
 1612  monthly log shall be maintained pursuant to the same
 1613  requirements and subject to the same penalties imposed for the
 1614  keeping of similar records pursuant to this chapter.
 1615         (j)1. Notwithstanding any other provision of this chapter,
 1616  there is hereby levied a tax on the sale, use, consumption, or
 1617  storage for use in this state of any coin or currency, whether
 1618  in circulation or not, when such coin or currency:
 1619         a. Is not legal tender;
 1620         b. If legal tender, is sold, exchanged, or traded at a rate
 1621  in excess of its face value; or
 1622         c. Is sold, exchanged, or traded at a rate based on its
 1623  precious metal content.
 1624         2. Such tax shall be at a rate of 6 7 percent of the price
 1625  at which the coin or currency is sold, exchanged, or traded,
 1626  except that, with respect to a coin or currency which is legal
 1627  tender of the United States and which is sold, exchanged, or
 1628  traded, such tax shall not be levied.
 1629         3. There are exempt from this tax exchanges of coins or
 1630  currency which are in general circulation in, and legal tender
 1631  of, one nation for coins or currency which are in general
 1632  circulation in, and legal tender of, another nation when
 1633  exchanged solely for use as legal tender and at an exchange rate
 1634  based on the relative value of each as a medium of exchange.
 1635         4. With respect to any transaction that involves the sale
 1636  of coins or currency taxable under this paragraph in which the
 1637  taxable amount represented by the sale of such coins or currency
 1638  exceeds $500, the entire amount represented by the sale of such
 1639  coins or currency is exempt from the tax imposed under this
 1640  paragraph. The dealer must maintain proper documentation, as
 1641  prescribed by rule of the department, to identify that portion
 1642  of a transaction which involves the sale of coins or currency
 1643  and is exempt under this subparagraph.
 1644         (k) At the rate of 6 7 percent of the sales price of each
 1645  gallon of diesel fuel not taxed under chapter 206 purchased for
 1646  use in a vessel.
 1647         (l) Florists located in this state are liable for sales tax
 1648  on sales to retail customers regardless of where or by whom the
 1649  items sold are to be delivered. Florists located in this state
 1650  are not liable for sales tax on payments received from other
 1651  florists for items delivered to customers in this state.
 1652         (m) Operators of game concessions or other concessionaires
 1653  who customarily award tangible personal property as prizes may,
 1654  in lieu of paying tax on the cost price of such property, pay
 1655  tax on 25 percent of the gross receipts from such concession
 1656  activity.
 1657         Section 15. Effective July 1, 2012, subsection (2) of
 1658  section 212.0501, Florida Statutes, as amended by this act, is
 1659  amended to read:
 1660         212.0501 Tax on diesel fuel for business purposes;
 1661  purchase, storage, and use.—
 1662         (2) Each person who purchases diesel fuel for consumption,
 1663  use, or storage by a trade or business shall register as a
 1664  dealer and remit a use tax, at the rate of 6 7 percent, on the
 1665  total cost price of diesel fuel consumed.
 1666         Section 16. Effective July 1, 2012, subsection (2) of
 1667  section 212.0506, Florida Statutes, as amended by this act, is
 1668  amended to read:
 1669         212.0506 Taxation of service warranties.—
 1670         (2) For exercising such privilege, a tax is levied on each
 1671  taxable transaction or incident, which tax is due and payable at
 1672  the rate of 6 7 percent on the total consideration received or
 1673  to be received by any person for issuing and delivering any
 1674  service warranty.
 1675         Section 17. Effective July 1, 2012, paragraph (a) of
 1676  subsection (1) of section 212.06, Florida Statutes, as amended
 1677  by this act, is amended to read:
 1678         212.06 Sales, storage, use tax; collectible from dealers;
 1679  “dealer” defined; dealers to collect from purchasers;
 1680  legislative intent as to scope of tax.—
 1681         (1)(a) The aforesaid tax at the rate of 6 7 percent of the
 1682  retail sales price as of the moment of sale, 6 7 percent of the
 1683  cost price as of the moment of purchase, or 6 7 percent of the
 1684  cost price as of the moment of commingling with the general mass
 1685  of property in this state, as the case may be, shall be
 1686  collectible from all dealers as herein defined on the sale at
 1687  retail, the use, the consumption, the distribution, and the
 1688  storage for use or consumption in this state of tangible
 1689  personal property or services taxable under this chapter. The
 1690  full amount of the tax on a credit sale, installment sale, or
 1691  sale made on any kind of deferred payment plan shall be due at
 1692  the moment of the transaction in the same manner as on a cash
 1693  sale.
 1694         Section 18. Effective July 1, 2012, paragraph (c) of
 1695  subsection (11) of section 212.08, Florida Statutes, as amended
 1696  by this act, is amended to read:
 1697         212.08 Sales, rental, use, consumption, distribution, and
 1698  storage tax; specified exemptions.—The sale at retail, the
 1699  rental, the use, the consumption, the distribution, and the
 1700  storage to be used or consumed in this state of the following
 1701  are hereby specifically exempt from the tax imposed by this
 1702  chapter.
 1703         (11) PARTIAL EXEMPTION; FLYABLE AIRCRAFT.—
 1704         (c) The maximum tax collectible under this subsection may
 1705  not exceed 6 7 percent of the sales price of such aircraft. No
 1706  Florida tax may be imposed on the sale of such aircraft if the
 1707  state in which the aircraft will be domiciled does not allow
 1708  Florida sales or use tax to be credited against its sales or use
 1709  tax. Furthermore, no tax may be imposed on the sale of such
 1710  aircraft if the state in which the aircraft will be domiciled
 1711  has enacted a sales and use tax exemption for flyable aircraft
 1712  or if the aircraft will be domiciled outside the United States.
 1713         Section 19. Effective July 1, 2012, subsections (9), (10),
 1714  and (11) of section 212.12, Florida Statutes, as amended by this
 1715  act, are amended to read:
 1716         212.12 Dealer's credit for collecting tax; penalties for
 1717  noncompliance; powers of Department of Revenue in dealing with
 1718  delinquents; brackets applicable to taxable transactions;
 1719  records required.—
 1720         (9) Taxes imposed by this chapter upon the privilege of the
 1721  use, consumption, storage for consumption, or sale of tangible
 1722  personal property, admissions, license fees, rentals,
 1723  communication services, and upon the sale or use of services as
 1724  herein taxed shall be collected upon the basis of an addition of
 1725  the tax imposed by this chapter to the total price of such
 1726  admissions, license fees, rentals, communication or other
 1727  services, or sale price of such article or articles that are
 1728  purchased, sold, or leased at any one time by or to a customer
 1729  or buyer; the dealer, or person charged herein, is required to
 1730  pay a privilege tax in the amount of the tax imposed by this
 1731  chapter on the total of his or her gross sales of tangible
 1732  personal property, admissions, license fees, rentals, and
 1733  communication services or to collect a tax upon the sale or use
 1734  of services, and such person or dealer shall add the tax imposed
 1735  by this chapter to the price, license fee, rental, or
 1736  admissions, and communication or other services and collect the
 1737  total sum from the purchaser, admittee, licensee, lessee, or
 1738  consumer. The department shall make available in an electronic
 1739  format or otherwise the tax amounts and the following brackets
 1740  applicable to all transactions taxable at the rate of 6 7
 1741  percent:
 1742         (a) On single sales of less than 10 cents, no tax shall be
 1743  added.
 1744         (b) On single sales in amounts from 10 cents to 16 14
 1745  cents, both inclusive, 1 cent shall be added for taxes.
 1746         (c) On sales in amounts from 17 15 cents to 33 28 cents,
 1747  both inclusive, 2 cents shall be added for taxes.
 1748         (d) On sales in amounts from 34 29 cents to 50 42 cents,
 1749  both inclusive, 3 cents shall be added for taxes.
 1750         (e) On sales in amounts from 51 43 cents to 66 57 cents,
 1751  both inclusive, 4 cents shall be added for taxes.
 1752         (f) On sales in amounts from 67 58 cents to 83 71 cents,
 1753  both inclusive, 5 cents shall be added for taxes.
 1754         (g) On sales in amounts from 84 72 cents to $1 85, both
 1755  inclusive, 6 cents shall be added for taxes.
 1756         (h) On sales in amounts from 86 cents to $1, both
 1757  inclusive, 7 cents shall be added for taxes.
 1758         (h)(i) On sales in amounts of more than $1, 6 7 percent
 1759  shall be charged upon each dollar of price, plus the appropriate
 1760  bracket charge upon any fractional part of a dollar.
 1761         (10) In counties which have adopted a discretionary sales
 1762  surtax at the rate of 1 percent, the department shall make
 1763  available in an electronic format or otherwise the tax amounts
 1764  and the following brackets applicable to all taxable
 1765  transactions that would otherwise have been transactions taxable
 1766  at the rate of 6 7 percent:
 1767         (a) On single sales of less than 10 cents, no tax shall be
 1768  added.
 1769         (b) On single sales in amounts from 10 cents to 14 12
 1770  cents, both inclusive, 1 cent shall be added for taxes.
 1771         (c) On sales in amounts from 15 13 cents to 28 25 cents,
 1772  both inclusive, 2 cents shall be added for taxes.
 1773         (d) On sales in amounts from 29 26 cents to 42 38 cents,
 1774  both inclusive, 3 cents shall be added for taxes.
 1775         (e) On sales in amounts from 43 39 cents to 57 51 cents,
 1776  both inclusive, 4 cents shall be added for taxes.
 1777         (f) On sales in amounts from 58 52 cents to 71 64 cents,
 1778  both inclusive, 5 cents shall be added for taxes.
 1779         (g) On sales in amounts from 72 65 cents to 85 77 cents,
 1780  both inclusive, 6 cents shall be added for taxes.
 1781         (h) On sales in amounts from 86 78 cents to $1 89 cents,
 1782  both inclusive, 7 cents shall be added for taxes.
 1783         (i) On sales in amounts from 90 cents to $1, both
 1784  inclusive, 8 cents shall be added for taxes.
 1785         (i)(j) On sales in amounts from $1 up to, and including,
 1786  the first $5,000 in price, 7 8 percent shall be charged upon
 1787  each dollar of price, plus the appropriate bracket charge upon
 1788  any fractional part of a dollar.
 1789         (j)(k) On sales in amounts of more than $5,000 in price, 7
 1790  8 percent shall be added upon the first $5,000 in price, and 6 7
 1791  percent shall be added upon each dollar of price in excess of
 1792  the first $5,000 in price, plus the bracket charges upon any
 1793  fractional part of a dollar as provided for in subsection (9).
 1794         (11) The department shall make available in an electronic
 1795  format or otherwise the tax amounts and brackets applicable to
 1796  all taxable transactions that occur in counties that have a
 1797  surtax at a rate other than 1 percent which transactions would
 1798  otherwise have been transactions taxable at the rate of 6 7
 1799  percent. Likewise, the department shall make available in an
 1800  electronic format or otherwise the tax amounts and brackets
 1801  applicable to transactions taxable at 7 8 percent pursuant to s.
 1802  212.05(1)(e) and on transactions which would otherwise have been
 1803  so taxable in counties which have adopted a discretionary sales
 1804  surtax.
 1805         Section 20. Effective July 1, 2012, subsection (6) of
 1806  section 212.20, Florida Statutes, as amended by this act, is
 1807  amended to read:
 1808         212.20 Funds collected, disposition; additional powers of
 1809  department; operational expense; refund of taxes adjudicated
 1810  unconstitutionally collected.—
 1811         (6) Distribution of all proceeds under this chapter and s.
 1812  202.18(1)(b) and (2)(b) shall be as follows:
 1813         (a) Proceeds from the convention development taxes
 1814  authorized under s. 212.0305 shall be reallocated to the
 1815  Convention Development Tax Clearing Trust Fund.
 1816         (b) Proceeds from discretionary sales surtaxes imposed
 1817  pursuant to ss. 212.054 and 212.055 shall be reallocated to the
 1818  Discretionary Sales Surtax Clearing Trust Fund.
 1819         (c) Proceeds from the fees imposed under ss. 212.05(1)(h)3.
 1820  and 212.18(3) shall remain with the General Revenue Fund.
 1821         (d)One-seventh of the proceeds of all other taxes and fees
 1822  imposed pursuant to this chapter shall remain in the General
 1823  Revenue Fund and be appropriated exclusively to fund K-20 public
 1824  education. It is the intent of the Legislature that these funds
 1825  be used for the purpose of avoiding and reversing decreases in
 1826  funding. Priority consideration for funding shall be given to
 1827  any program that was reduced or eliminated in the 2008-2009
 1828  fiscal year. This paragraph expires July 1, 2012.
 1829         (d)(e) The proceeds of all other taxes and fees imposed
 1830  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
 1831  and (2)(b) shall be distributed as follows:
 1832         1. In any fiscal year, the greater of $500 million, minus
 1833  an amount equal to 4.6 percent of the proceeds of the taxes
 1834  collected pursuant to chapter 201, or 5 percent of all other
 1835  taxes and fees imposed pursuant to this chapter or remitted
 1836  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
 1837  monthly installments into the General Revenue Fund.
 1838         2. Two-tenths of one percent shall be transferred to the
 1839  Ecosystem Management and Restoration Trust Fund to be used for
 1840  water quality improvement and water restoration projects.
 1841         3. After the distribution under subparagraphs 1. and 2.,
 1842  8.814 percent of the amount remitted by a sales tax dealer
 1843  located within a participating county pursuant to s. 218.61
 1844  shall be transferred into the Local Government Half-cent Sales
 1845  Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
 1846  be transferred pursuant to this subparagraph to the Local
 1847  Government Half-cent Sales Tax Clearing Trust Fund shall be
 1848  reduced by 0.1 percent, and the department shall distribute this
 1849  amount to the Public Employees Relations Commission Trust Fund
 1850  less $5,000 each month, which shall be added to the amount
 1851  calculated in subparagraph 4. and distributed accordingly.
 1852         4. After the distribution under subparagraphs 1., 2., and
 1853  3., 0.095 percent shall be transferred to the Local Government
 1854  Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
 1855  to s. 218.65.
 1856         5. After the distributions under subparagraphs 1., 2., 3.,
 1857  and 4., 2.0440 percent of the available proceeds pursuant to
 1858  this paragraph shall be transferred monthly to the Revenue
 1859  Sharing Trust Fund for Counties pursuant to s. 218.215.
 1860         6. After the distributions under subparagraphs 1., 2., 3.,
 1861  and 4., 1.3409 percent of the available proceeds pursuant to
 1862  this paragraph shall be transferred monthly to the Revenue
 1863  Sharing Trust Fund for Municipalities pursuant to s. 218.215. If
 1864  the total revenue to be distributed pursuant to this
 1865  subparagraph is at least as great as the amount due from the
 1866  Revenue Sharing Trust Fund for Municipalities and the former
 1867  Municipal Financial Assistance Trust Fund in state fiscal year
 1868  1999-2000, no municipality shall receive less than the amount
 1869  due from the Revenue Sharing Trust Fund for Municipalities and
 1870  the former Municipal Financial Assistance Trust Fund in state
 1871  fiscal year 1999-2000. If the total proceeds to be distributed
 1872  are less than the amount received in combination from the
 1873  Revenue Sharing Trust Fund for Municipalities and the former
 1874  Municipal Financial Assistance Trust Fund in state fiscal year
 1875  1999-2000, each municipality shall receive an amount
 1876  proportionate to the amount it was due in state fiscal year
 1877  1999-2000.
 1878         7. Of the remaining proceeds:
 1879         a. In each fiscal year, the sum of $29,915,500 shall be
 1880  divided into as many equal parts as there are counties in the
 1881  state, and one part shall be distributed to each county. The
 1882  distribution among the several counties shall begin each fiscal
 1883  year on or before January 5th and shall continue monthly for a
 1884  total of 4 months. If a local or special law required that any
 1885  moneys accruing to a county in fiscal year 1999-2000 under the
 1886  then-existing provisions of s. 550.135 be paid directly to the
 1887  district school board, special district, or a municipal
 1888  government, such payment shall continue until such time that the
 1889  local or special law is amended or repealed. The state covenants
 1890  with holders of bonds or other instruments of indebtedness
 1891  issued by local governments, special districts, or district
 1892  school boards prior to July 1, 2000, that it is not the intent
 1893  of this subparagraph to adversely affect the rights of those
 1894  holders or relieve local governments, special districts, or
 1895  district school boards of the duty to meet their obligations as
 1896  a result of previous pledges or assignments or trusts entered
 1897  into which obligated funds received from the distribution to
 1898  county governments under then-existing s. 550.135. This
 1899  distribution specifically is in lieu of funds distributed under
 1900  s. 550.135 prior to July 1, 2000.
 1901         b. The department shall distribute $166,667 monthly
 1902  pursuant to s. 288.1162 to each applicant that has been
 1903  certified as a “facility for a new professional sports
 1904  franchise” or a “facility for a retained professional sports
 1905  franchise” pursuant to s. 288.1162. Up to $41,667 shall be
 1906  distributed monthly by the department to each applicant that has
 1907  been certified as a “facility for a retained spring training
 1908  franchise” pursuant to s. 288.1162; however, not more than
 1909  $416,670 may be distributed monthly in the aggregate to all
 1910  certified facilities for a retained spring training franchise.
 1911  Distributions shall begin 60 days following such certification
 1912  and shall continue for not more than 30 years. Nothing contained
 1913  in this paragraph shall be construed to allow an applicant
 1914  certified pursuant to s. 288.1162 to receive more in
 1915  distributions than actually expended by the applicant for the
 1916  public purposes provided for in s. 288.1162(6).
 1917         c. Beginning 30 days after notice by the Office of Tourism,
 1918  Trade, and Economic Development to the Department of Revenue
 1919  that an applicant has been certified as the professional golf
 1920  hall of fame pursuant to s. 288.1168 and is open to the public,
 1921  $166,667 shall be distributed monthly, for up to 300 months, to
 1922  the applicant.
 1923         d. Beginning 30 days after notice by the Office of Tourism,
 1924  Trade, and Economic Development to the Department of Revenue
 1925  that the applicant has been certified as the International Game
 1926  Fish Association World Center facility pursuant to s. 288.1169,
 1927  and the facility is open to the public, $83,333 shall be
 1928  distributed monthly, for up to 168 months, to the applicant.
 1929  This distribution is subject to reduction pursuant to s.
 1930  288.1169. A lump sum payment of $999,996 shall be made, after
 1931  certification and before July 1, 2000.
 1932         8. All other proceeds shall remain with the General Revenue
 1933  Fund.
 1934         Section 21. Paragraph (a) of subsection (5) of section
 1935  11.45, Florida Statutes, is amended to read:
 1936         11.45 Definitions; duties; authorities; reports; rules.—
 1937         (5) PETITION FOR AN AUDIT BY THE AUDITOR GENERAL.—
 1938         (a) The Legislative Auditing Committee shall direct the
 1939  Auditor General to make an audit of any municipality whenever
 1940  petitioned to do so by at least 20 percent of the registered
 1941  electors in the last general election of that municipality
 1942  pursuant to this subsection. The supervisor of elections of the
 1943  county in which the municipality is located shall certify
 1944  whether or not the petition contains the signatures of at least
 1945  20 percent of the registered electors of the municipality. After
 1946  the completion of the audit, the Auditor General shall determine
 1947  whether the municipality has the fiscal resources necessary to
 1948  pay the cost of the audit. The municipality shall pay the cost
 1949  of the audit within 90 days after the Auditor General's
 1950  determination that the municipality has the available resources.
 1951  If the municipality fails to pay the cost of the audit, the
 1952  Department of Revenue shall, upon certification of the Auditor
 1953  General, withhold from that portion of the distribution pursuant
 1954  to s. 212.20(6)(e)(d)6. which is distributable to such
 1955  municipality, a sum sufficient to pay the cost of the audit and
 1956  shall deposit that sum into the General Revenue Fund of the
 1957  state.
 1958         Section 22. Paragraph (b) of subsection (2) of section
 1959  202.18, Florida Statutes, is amended to read:
 1960         202.18 Allocation and disposition of tax proceeds.—The
 1961  proceeds of the communications services taxes remitted under
 1962  this chapter shall be treated as follows:
 1963         (2) The proceeds of the taxes remitted under s.
 1964  202.12(1)(b) shall be divided as follows:
 1965         (b) Sixty-three percent of the remainder shall be allocated
 1966  to the state and distributed pursuant to s. 212.20(6), except
 1967  that the proceeds allocated pursuant to s. 212.20(6)(e)(d)3.
 1968  shall be prorated to the participating counties in the same
 1969  proportion as that month's collection of the taxes and fees
 1970  imposed pursuant to chapter 212 and paragraph (1)(b).
 1971         Section 23. Subsection (3) of section 218.245, Florida
 1972  Statutes, is amended to read:
 1973         218.245 Revenue sharing; apportionment.—
 1974         (3) Revenues attributed to the increase in distribution to
 1975  the Revenue Sharing Trust Fund for Municipalities pursuant to s.
 1976  212.20(6)(e)(d)6. from 1.0715 percent to 1.3409 percent provided
 1977  in chapter 2003-402, Laws of Florida, shall be distributed to
 1978  each eligible municipality and any unit of local government
 1979  which is consolidated as provided by s. 9, Art. VIII of the
 1980  State Constitution of 1885, as preserved by s. 6(e), Art. VIII,
 1981  1968 revised constitution, as follows: each eligible local
 1982  government's allocation shall be based on the amount it received
 1983  from the half-cent sales tax under s. 218.61 in the prior state
 1984  fiscal year divided by the total receipts under s. 218.61 in the
 1985  prior state fiscal year for all eligible local governments;
 1986  provided, however, for the purpose of calculating this
 1987  distribution, the amount received from the half-cent sales tax
 1988  under s. 218.61 in the prior state fiscal year by a unit of
 1989  local government which is consolidated as provided by s. 9, Art.
 1990  VIII of the State Constitution of 1885, as amended, and as
 1991  preserved by s. 6(e), Art. VIII, of the Constitution as revised
 1992  in 1968, shall be reduced by 50 percent for such local
 1993  government and for the total receipts. For eligible
 1994  municipalities that began participating in the allocation of
 1995  half-cent sales tax under s. 218.61 in the previous state fiscal
 1996  year, their annual receipts shall be calculated by dividing
 1997  their actual receipts by the number of months they participated,
 1998  and the result multiplied by 12.
 1999         Section 24. Subsections (5), (6), and (7) of section
 2000  218.65, Florida Statutes, are amended to read:
 2001         218.65 Emergency distribution.—
 2002         (5) At the beginning of each fiscal year, the Department of
 2003  Revenue shall calculate a base allocation for each eligible
 2004  county equal to the difference between the current per capita
 2005  limitation times the county's population, minus prior year
 2006  ordinary distributions to the county pursuant to ss.
 2007  212.20(6)(e)(d)3., 218.61, and 218.62. If moneys deposited into
 2008  the Local Government Half-cent Sales Tax Clearing Trust Fund
 2009  pursuant to s. 212.20(6)(e)(d)4., excluding moneys appropriated
 2010  for supplemental distributions pursuant to subsection (8), for
 2011  the current year are less than or equal to the sum of the base
 2012  allocations, each eligible county shall receive a share of the
 2013  appropriated amount proportional to its base allocation. If the
 2014  deposited amount exceeds the sum of the base allocations, each
 2015  county shall receive its base allocation, and the excess
 2016  appropriated amount, less any amounts distributed under
 2017  subsection (6), shall be distributed equally on a per capita
 2018  basis among the eligible counties.
 2019         (6) If moneys deposited in the Local Government Half-cent
 2020  Sales Tax Clearing Trust Fund pursuant to s. 212.20(6)(e)(d)4.
 2021  exceed the amount necessary to provide the base allocation to
 2022  each eligible county, the moneys in the trust fund may be used
 2023  to provide a transitional distribution, as specified in this
 2024  subsection, to certain counties whose population has increased.
 2025  The transitional distribution shall be made available to each
 2026  county that qualified for a distribution under subsection (2) in
 2027  the prior year but does not, because of the requirements of
 2028  paragraph (2)(a), qualify for a distribution in the current
 2029  year. Beginning on July 1 of the year following the year in
 2030  which the county no longer qualifies for a distribution under
 2031  subsection (2), the county shall receive two-thirds of the
 2032  amount received in the prior year, and beginning July 1 of the
 2033  second year following the year in which the county no longer
 2034  qualifies for a distribution under subsection (2), the county
 2035  shall receive one-third of the amount it received in the last
 2036  year it qualified for the distribution under subsection (2). If
 2037  insufficient moneys are available in the Local Government Half
 2038  cent Sales Tax Clearing Trust Fund to fully provide such a
 2039  transitional distribution to each county that meets the
 2040  eligibility criteria in this section, each eligible county shall
 2041  receive a share of the available moneys proportional to the
 2042  amount it would have received had moneys been sufficient to
 2043  fully provide such a transitional distribution to each eligible
 2044  county.
 2045         (7) There is hereby annually appropriated from the Local
 2046  Government Half-cent Sales Tax Clearing Trust Fund the
 2047  distribution provided in s. 212.20(6)(e)(d)4. to be used for
 2048  emergency and supplemental distributions pursuant to this
 2049  section.
 2050         Section 25. Subsection (6) of section 288.1169, Florida
 2051  Statutes, is amended to read:
 2052         288.1169 International Game Fish Association World Center
 2053  facility.—
 2054         (6) The Department of Commerce must recertify every 10
 2055  years that the facility is open, that the International Game
 2056  Fish Association World Center continues to be the only
 2057  international administrative headquarters, fishing museum, and
 2058  Hall of Fame in the United States recognized by the
 2059  International Game Fish Association, and that the project is
 2060  meeting the minimum projections for attendance or sales tax
 2061  revenues as required at the time of original certification. If
 2062  the facility is not recertified during this 10-year review as
 2063  meeting the minimum projections, then funding will be abated
 2064  until certification criteria are met. If the project fails to
 2065  generate $1 million of annual revenues pursuant to paragraph
 2066  (2)(e), the distribution of revenues pursuant to s.
 2067  212.20(6)(e)(d)7.d. shall be reduced to an amount equal to
 2068  $83,333 multiplied by a fraction, the numerator of which is the
 2069  actual revenues generated and the denominator of which is $1
 2070  million. Such reduction shall remain in effect until revenues
 2071  generated by the project in a 12-month period equal or exceed $1
 2072  million.
 2073         Section 26. Effective July 1, 2012, paragraph (a) of
 2074  subsection (5) of section 11.45, Florida Statutes, as amended by
 2075  this act, is amended to read:
 2076         11.45 Definitions; duties; authorities; reports; rules.—
 2077         (5) PETITION FOR AN AUDIT BY THE AUDITOR GENERAL.—
 2078         (a) The Legislative Auditing Committee shall direct the
 2079  Auditor General to make an audit of any municipality whenever
 2080  petitioned to do so by at least 20 percent of the registered
 2081  electors in the last general election of that municipality
 2082  pursuant to this subsection. The supervisor of elections of the
 2083  county in which the municipality is located shall certify
 2084  whether or not the petition contains the signatures of at least
 2085  20 percent of the registered electors of the municipality. After
 2086  the completion of the audit, the Auditor General shall determine
 2087  whether the municipality has the fiscal resources necessary to
 2088  pay the cost of the audit. The municipality shall pay the cost
 2089  of the audit within 90 days after the Auditor General's
 2090  determination that the municipality has the available resources.
 2091  If the municipality fails to pay the cost of the audit, the
 2092  Department of Revenue shall, upon certification of the Auditor
 2093  General, withhold from that portion of the distribution pursuant
 2094  to s. 212.20(6)(d)(e)6. which is distributable to such
 2095  municipality, a sum sufficient to pay the cost of the audit and
 2096  shall deposit that sum into the General Revenue Fund of the
 2097  state.
 2098         Section 27. Effective July 1, 2012, paragraph (b) of
 2099  subsection (2) of section 202.18, Florida Statutes, as amended
 2100  by this act, is amended to read:
 2101         202.18 Allocation and disposition of tax proceeds.—The
 2102  proceeds of the communications services taxes remitted under
 2103  this chapter shall be treated as follows:
 2104         (2) The proceeds of the taxes remitted under s.
 2105  202.12(1)(b) shall be divided as follows:
 2106         (b) Sixty-three percent of the remainder shall be allocated
 2107  to the state and distributed pursuant to s. 212.20(6), except
 2108  that the proceeds allocated pursuant to s. 212.20(6)(d)(e)3.
 2109  shall be prorated to the participating counties in the same
 2110  proportion as that month's collection of the taxes and fees
 2111  imposed pursuant to chapter 212 and paragraph (1)(b).
 2112         Section 28. Effective July 1, 2012, subsection (3) of
 2113  section 218.245, Florida Statutes, as amended by this act, is
 2114  amended to read:
 2115         218.245 Revenue sharing; apportionment.—
 2116         (3) Revenues attributed to the increase in distribution to
 2117  the Revenue Sharing Trust Fund for Municipalities pursuant to s.
 2118  212.20(6)(d)(e)6. from 1.0715 percent to 1.3409 percent provided
 2119  in chapter 2003-402, Laws of Florida, shall be distributed to
 2120  each eligible municipality and any unit of local government
 2121  which is consolidated as provided by s. 9, Art. VIII of the
 2122  State Constitution of 1885, as preserved by s. 6(e), Art. VIII,
 2123  1968 revised constitution, as follows: each eligible local
 2124  government's allocation shall be based on the amount it received
 2125  from the half-cent sales tax under s. 218.61 in the prior state
 2126  fiscal year divided by the total receipts under s. 218.61 in the
 2127  prior state fiscal year for all eligible local governments;
 2128  provided, however, for the purpose of calculating this
 2129  distribution, the amount received from the half-cent sales tax
 2130  under s. 218.61 in the prior state fiscal year by a unit of
 2131  local government which is consolidated as provided by s. 9, Art.
 2132  VIII of the State Constitution of 1885, as amended, and as
 2133  preserved by s. 6(e), Art. VIII, of the Constitution as revised
 2134  in 1968, shall be reduced by 50 percent for such local
 2135  government and for the total receipts. For eligible
 2136  municipalities that began participating in the allocation of
 2137  half-cent sales tax under s. 218.61 in the previous state fiscal
 2138  year, their annual receipts shall be calculated by dividing
 2139  their actual receipts by the number of months they participated,
 2140  and the result multiplied by 12.
 2141         Section 29. Effective July 1, 2012, subsections (5), (6),
 2142  and (7) of section 218.65, Florida Statutes, as amended by this
 2143  act, are amended to read:
 2144         218.65 Emergency distribution.—
 2145         (5) At the beginning of each fiscal year, the Department of
 2146  Revenue shall calculate a base allocation for each eligible
 2147  county equal to the difference between the current per capita
 2148  limitation times the county's population, minus prior year
 2149  ordinary distributions to the county pursuant to ss.
 2150  212.20(6)(d)(e)3., 218.61, and 218.62. If moneys deposited into
 2151  the Local Government Half-cent Sales Tax Clearing Trust Fund
 2152  pursuant to s. 212.20(6)(d)(e)4., excluding moneys appropriated
 2153  for supplemental distributions pursuant to subsection (8), for
 2154  the current year are less than or equal to the sum of the base
 2155  allocations, each eligible county shall receive a share of the
 2156  appropriated amount proportional to its base allocation. If the
 2157  deposited amount exceeds the sum of the base allocations, each
 2158  county shall receive its base allocation, and the excess
 2159  appropriated amount, less any amounts distributed under
 2160  subsection (6), shall be distributed equally on a per capita
 2161  basis among the eligible counties.
 2162         (6) If moneys deposited in the Local Government Half-cent
 2163  Sales Tax Clearing Trust Fund pursuant to s. 212.20(6)(d)(e)4.
 2164  exceed the amount necessary to provide the base allocation to
 2165  each eligible county, the moneys in the trust fund may be used
 2166  to provide a transitional distribution, as specified in this
 2167  subsection, to certain counties whose population has increased.
 2168  The transitional distribution shall be made available to each
 2169  county that qualified for a distribution under subsection (2) in
 2170  the prior year but does not, because of the requirements of
 2171  paragraph (2)(a), qualify for a distribution in the current
 2172  year. Beginning on July 1 of the year following the year in
 2173  which the county no longer qualifies for a distribution under
 2174  subsection (2), the county shall receive two-thirds of the
 2175  amount received in the prior year, and beginning July 1 of the
 2176  second year following the year in which the county no longer
 2177  qualifies for a distribution under subsection (2), the county
 2178  shall receive one-third of the amount it received in the last
 2179  year it qualified for the distribution under subsection (2). If
 2180  insufficient moneys are available in the Local Government Half
 2181  cent Sales Tax Clearing Trust Fund to fully provide such a
 2182  transitional distribution to each county that meets the
 2183  eligibility criteria in this section, each eligible county shall
 2184  receive a share of the available moneys proportional to the
 2185  amount it would have received had moneys been sufficient to
 2186  fully provide such a transitional distribution to each eligible
 2187  county.
 2188         (7) There is hereby annually appropriated from the Local
 2189  Government Half-cent Sales Tax Clearing Trust Fund the
 2190  distribution provided in s. 212.20(6)(d)(e)4. to be used for
 2191  emergency and supplemental distributions pursuant to this
 2192  section.
 2193         Section 30. Effective July 1, 2012, subsection (6) of
 2194  section 288.1169, Florida Statutes, as amended by this act, is
 2195  amended to read:
 2196         288.1169 International Game Fish Association World Center
 2197  facility.—
 2198         (6) The Department of Commerce must recertify every 10
 2199  years that the facility is open, that the International Game
 2200  Fish Association World Center continues to be the only
 2201  international administrative headquarters, fishing museum, and
 2202  Hall of Fame in the United States recognized by the
 2203  International Game Fish Association, and that the project is
 2204  meeting the minimum projections for attendance or sales tax
 2205  revenues as required at the time of original certification. If
 2206  the facility is not recertified during this 10-year review as
 2207  meeting the minimum projections, then funding will be abated
 2208  until certification criteria are met. If the project fails to
 2209  generate $1 million of annual revenues pursuant to paragraph
 2210  (2)(e), the distribution of revenues pursuant to s.
 2211  212.20(6)(d)(e)7.d. shall be reduced to an amount equal to
 2212  $83,333 multiplied by a fraction, the numerator of which is the
 2213  actual revenues generated and the denominator of which is $1
 2214  million. Such reduction shall remain in effect until revenues
 2215  generated by the project in a 12-month period equal or exceed $1
 2216  million.
 2217         Section 31. Notwithstanding the July 1, 2012, effective
 2218  date of sections 11 through 20 and sections 26 through 30 of
 2219  this act, those sections shall take effect and the sales tax
 2220  rate shall be reduced on the earlier effective date of the
 2221  repeal of a sufficient number of exemptions from the tax imposed
 2222  under chapter 212, Florida Statutes, which are estimated by the
 2223  Revenue Estimating Conference to cumulatively generate revenues
 2224  equal to or greater than the sales tax increase imposed by this
 2225  act. The exemptions that may be repealed include the exemptions
 2226  relating to:
 2227         (1)Hospital fitness charges under s. 212.02(1), Florida
 2228  Statutes;
 2229         (2)Per diem and mileage charges paid to owners of railroad
 2230  cars under s. 212.02(10)(g), Florida Statutes;
 2231         (3)Privilege, franchise, and other fees paid to do
 2232  business at airports under s. 212.02(10)(j), Florida Statutes;
 2233         (4)Fish breeding under s. 212.02(28) and (29), Florida
 2234  Statutes;
 2235         (5)Charges for renting property assessed as agricultural
 2236  under s. 212.031(1)(a)1., Florida Statutes;
 2237         (6)Streets used by a utility for utility purposes under s.
 2238  212.031(1)(a)5., Florida Statutes;
 2239         (7)Cell phone towers and co-located equipment under s.
 2240  212.031(1)(a)5., Florida Statutes;
 2241         (8)Cell phone towers under s. 212.031(1)(a)5., Florida
 2242  Statutes;
 2243         (9)Airport property used for landing, taxiing, or loading
 2244  under s. 212.031(1)(a)7., Florida Statutes;
 2245         (10)Wharfage guarantees under s. 212.031(1)(a)8., Florida
 2246  Statutes;
 2247         (11)Leases or rentals of property used for movie
 2248  productions under s. 212.031(1)(a)9., Florida Statutes;
 2249         (12)Movie theater concession rent under s.
 2250  212.031(1)(a)10., Florida Statutes;
 2251         (13)Rents, subleases, or licenses in recreation or sports
 2252  arenas and civic centers under s. 212.031(1)(a)10., Florida
 2253  Statutes;
 2254         (14)Rents based on sales from souvenir's leases in civic
 2255  centers under s. 212.031(1)(a)12., Florida Statutes;
 2256         (15)Convention hall subleases under s. 212.031(5), Florida
 2257  Statutes;
 2258         (16)Entertainment facilities under s. 212.031(10), Florida
 2259  Statutes;
 2260         (17)Local seat surcharges or service charges under s.
 2261  212.04(1)(b), Florida Statutes;
 2262         (18)Super Bowl football tickets under s. 212.04(2)(a)4.,
 2263  Florida Statutes;
 2264         (19)Newspaper and magazine inserts under s. 212.05(1)(g),
 2265  Florida Statutes;
 2266         (20)The 2 percent rate abatement for coin-operated
 2267  amusement machines under s. 212.05(1)(h)1., Florida Statutes;
 2268         (21)United States legal coins in excess of $500 under s.
 2269  212.05(1)(k), Florida Statutes;
 2270         (22)Solid waste management equipment under s. 212.051(2),
 2271  Florida Statutes;
 2272         (23)Fabrication labor used in the production of qualified
 2273  motion pictures under s. 212.06(1)(b), Florida Statutes;
 2274         (24)Printing for out-of-state customers that provide paper
 2275  for printing under ss. 212.06(2)(d) and (5)(c) and
 2276  212.0596(2)(c) and (j), Florida Statutes;
 2277         (25)Purchases including leases by cinematography schools
 2278  under s. 212.0602, Florida Statutes;
 2279         (26)Contact lens molds under s. 212.08(2)(a), Florida
 2280  Statutes;
 2281         (27)Bottled water under s. 212.08(4)(a)1., Florida
 2282  Statutes;
 2283         (28)Poultry structure generators under s. 212.08(5)(a),
 2284  Florida Statutes;
 2285         (29)Motion picture recording equipment under s.
 2286  212.08(5)(f), Florida Statutes;
 2287         (30)Additional movie exemptions under s. 212.08(5)(f),
 2288  Florida Statutes;
 2289         (31)Motion picture video equipment under s. 212.08(5)(f),
 2290  Florida Statutes;
 2291         (32)Paint color cards and samples under s. 212.08(5)(k),
 2292  Florida Statutes;
 2293         (33)Cattle growth enhancers under s. 212.08(5)(l), Florida
 2294  Statutes;
 2295         (34)Purchases of crab bait by commercial fishermen under
 2296  s. 212.08(7)(c), Florida Statutes;
 2297         (35)Feed for poultry and livestock, including ostriches
 2298  and racehorces, under s. 212.08(7)(d), Florida Statutes;
 2299         (36)Film rentals when admissions are charged under s.
 2300  212.08(7)(e), Florida Statutes;
 2301         (37)Alcoholic beverages used by businesses for tasting
 2302  under s. 212.08(7)(s), Florida Statutes;
 2303         (38)Free advertising publications under s. 212.08(7)(w),
 2304  Florida Statutes;
 2305         (39)Subscription newspapers, newsletters, and magazines
 2306  delivered by mail under 212.08(7)(w), Florida Statutes;
 2307         (40)Charter fishing boats under 212.08(7)(y), Florida
 2308  Statutes;
 2309         (41)Leases or licenses to use taxicab equipment under s.
 2310  212.08(7)(dd), Florida Statutes;
 2311         (42)Gold, silver, or platinum bullion in excess of $500
 2312  under 212.08(7)(ww), Florida Statutes;
 2313         (43)Film and printing supplies under s. 212.08(7)(yy),
 2314  Florida Statutes;
 2315         (44)People mover systems under s. 212.08(7)(zz), Florida
 2316  Statutes;
 2317         (45)Railroad bed materials under s. 212.08(7)(bbb),
 2318  Florida Statutes;
 2319         (46)Free advertising materials distributed by mail in an
 2320  envelope under s. 212.08(7)(ddd), Florida Statutes; and
 2321         (47)Master tapes, records, films, or video tapes under s.
 2322  212.08(12), Florida Statutes;
 2323  
 2324  The Revenue Estimating Conference shall immediately certify a
 2325  determination made pursuant to this section to the Governor, the
 2326  President of the Senate, the Speaker of the House of
 2327  Representatives, the Department of Revenue, and the Division of
 2328  Statutory Revision of the Office of Legislative Services.
 2329         Section 32. Except as otherwise expressly provided in this
 2330  act, this act shall take effect July 1, 2009.