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





                                                   HOUSE AMENDMENT

    hbd-27                                        Bill No. HB 3747

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Tamargo offered the following:

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13         Amendment (with title amendment) 

14         On page 7, between lines 2 and 3,

15

16  insert:

17         Section 2.  Paragraph (a) of subsection (2) of section

18  212.04, Florida Statutes, is amended to read:

19         212.04  Admissions tax; rate, procedure, enforcement.--

20         (2)(a)1.  No tax shall be levied on admissions to

21  athletic or other events sponsored by elementary schools,

22  junior high schools, middle schools, high schools, community

23  colleges, public or private colleges and universities, deaf

24  and blind schools, facilities of the youth services programs

25  of the Department of Children and Family Services, and state

26  correctional institutions when only student, faculty, or

27  inmate talent is used. However, this exemption shall not apply

28  to admission to athletic events sponsored by an institution

29  within the State University System, and the proceeds of the

30  tax collected on such admissions shall be retained and used by

31  each institution to support women's athletics as provided in

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                                                   HOUSE AMENDMENT

    hbd-27                                        Bill No. HB 3747

    Amendment No.     (for drafter's use only)





 1  s. 240.533(3)(c).

 2         2.a.  No tax shall be levied on dues, membership fees,

 3  and admission charges imposed by not-for-profit sponsoring

 4  organizations, or on charges for the renting, leasing,

 5  letting, or granting a license for the use of skyboxes, luxury

 6  boxes, or other box seats to an athletic or artistic event

 7  imposed by not-for-profit sponsoring organizations, which

 8  would be otherwise taxable as provided in s. 212.031. To

 9  receive this exemption, the sponsoring organization must

10  qualify as a not-for-profit entity under the provisions of s.

11  501(c)(3) of the Internal Revenue Code of 1954, as amended.

12         b.  No tax imposed by this section and not actually

13  collected before August 1, 1992, shall be due from any museum

14  or historic building owned by any political subdivision of the

15  state.

16         3.  No tax shall be levied on an admission paid by a

17  student, or on the student's behalf, to any required place of

18  sport or recreation if the student's participation in the

19  sport or recreational activity is required as a part of a

20  program or activity sponsored by, and under the jurisdiction

21  of, the student's educational institution, provided his or her

22  attendance is as a participant and not as a spectator.

23         4.  No tax shall be levied on admissions to the

24  National Football League championship game.

25         5.  A participation fee or sponsorship fee imposed by a

26  governmental entity as described in s. 212.08(6) for an

27  athletic or recreational program is exempt when the

28  governmental entity by itself, or in conjunction with an

29  organization exempt under s. 501(c)(3) of the Internal Revenue

30  Code of 1954, as amended, sponsors, administers, plans,

31  supervises, directs, and controls the athletic or recreational

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                                                   HOUSE AMENDMENT

    hbd-27                                        Bill No. HB 3747

    Amendment No.     (for drafter's use only)





 1  program.

 2         6.  Also exempt from the tax imposed by this section to

 3  the extent provided in this subparagraph are admissions to

 4  live theater, live opera, or live ballet productions in this

 5  state which are sponsored by an organization that has received

 6  a determination from the Internal Revenue Service that the

 7  organization is exempt from federal income tax under s.

 8  501(c)(3) of the Internal Revenue Code of 1954, as amended, if

 9  the organization actively participates in planning and

10  conducting the event, is responsible for the safety and

11  success of the event, is organized for the purpose of

12  sponsoring live theater, live opera, or live ballet

13  productions in this state, has more than 10,000 subscribing

14  members and has among the stated purposes in its charter the

15  promotion of arts education in the communities which it

16  serves, and will receive at least 20 percent of the net

17  profits, if any, of the events which the organization sponsors

18  and will bear the risk of at least 20 percent of the losses,

19  if any, from the events which it sponsors if the organization

20  employs other persons as agents to provide services in

21  connection with a sponsored event. Prior to March 1 of each

22  year, such organization may apply to the department for a

23  certificate of exemption for admissions to such events

24  sponsored in this state by the organization during the

25  immediately following state fiscal year. The application shall

26  state the total dollar amount of admissions receipts collected

27  by the organization or its agents from such events in this

28  state sponsored by the organization or its agents in the year

29  immediately preceding the year in which the organization

30  applies for the exemption. Such organization shall receive the

31  exemption only to the extent of $1.5 million multiplied by the

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                                                   HOUSE AMENDMENT

    hbd-27                                        Bill No. HB 3747

    Amendment No.     (for drafter's use only)





 1  ratio that such receipts bear to the total of such receipts of

 2  all organizations applying for the exemption in such year;

 3  however, in no event shall such exemption granted to any

 4  organization exceed 6 percent of such admissions receipts

 5  collected by the organization or its agents in the year

 6  immediately preceding the year in which the organization

 7  applies for the exemption. Each organization receiving the

 8  exemption shall report each month to the department the total

 9  admissions receipts collected from such events sponsored by

10  the organization during the preceding month and shall remit to

11  the department an amount equal to 6 percent of such receipts

12  reduced by any amount remaining under the exemption. Tickets

13  for such events sold by such organizations shall not reflect

14  the tax otherwise imposed under this section.

15         7.  Also exempt from the tax imposed by this section

16  are entry fees for participation in freshwater fishing

17  tournaments.

18         Section 3.  No tax imposed by chapter 212, Florida

19  Statutes, on the transactions made exempt pursuant to the

20  amendment to s. 212.04, Florida Statutes, by this act, and not

21  actually paid or collected by a not-for-profit sponsoring

22  organization, shall be due from that not-for-profit sponsoring

23  organization. However, any tax actually collected shall be

24  remitted to the Department of Revenue.

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26

27  ================ T I T L E   A M E N D M E N T ===============

28  And the title is amended as follows:

29         On page 1, line 5,

30

31  after the semicolon insert:

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                                                   HOUSE AMENDMENT

    hbd-27                                        Bill No. HB 3747

    Amendment No.     (for drafter's use only)





 1         amending s. 212.04, F.S.; providing an

 2         exemption from the admissions tax for charges

 3         for the rental, lease, or granting a license

 4         for use of a skybox, luxury box, or other box

 5         seat for athletic or artistic events sponsored

 6         by not-for-profit organizations;

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