Senate Bill 0538

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    Florida Senate - 1998                                   SB 538

    By Senator Lee





    23-263-98

  1                      A bill to be entitled

  2         An act relating to the tax on sales, use, and

  3         other transactions; amending s. 212.08, F.S.;

  4         providing an exemption for the sale of certain

  5         goods by nonprofit organizations through thrift

  6         shops for charitable purposes; providing an

  7         effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

10

11         Section 1.  Paragraph (o) of subsection (7) of section

12  212.08, Florida Statutes, is amended to read:

13         212.08  Sales, rental, use, consumption, distribution,

14  and storage tax; specified exemptions.--The sale at retail,

15  the rental, the use, the consumption, the distribution, and

16  the storage to be used or consumed in this state of the

17  following are hereby specifically exempt from the tax imposed

18  by this chapter.

19         (7)  MISCELLANEOUS EXEMPTIONS.--

20         (o)  Religious, charitable, scientific, educational,

21  and veterans' institutions and organizations.--

22         1.  There are exempt from the tax imposed by this

23  chapter transactions involving:

24         a.  Sales or leases directly to churches or sales or

25  leases of tangible personal property by churches;

26         b.  Sales or leases to nonprofit religious, nonprofit

27  charitable, nonprofit scientific, or nonprofit educational

28  institutions when used in carrying on their customary

29  nonprofit religious, nonprofit charitable, nonprofit

30  scientific, or nonprofit educational activities, including

31  church cemeteries; and

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    Florida Senate - 1998                                   SB 538
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  1         c.  Sales of donated goods sold by organizations that

  2  are qualified as nonprofit under s. 501(c)(3), Internal

  3  Revenue Code of 1986, as amended, in thrift shops that raise

  4  funds for charitable activities; and

  5         d.c.  Sales or leases to the state headquarters of

  6  qualified veterans' organizations and the state headquarters

  7  of their auxiliaries when used in carrying on their customary

  8  veterans' organization activities. If a qualified veterans'

  9  organization or its auxiliary does not maintain a permanent

10  state headquarters, then transactions involving sales or

11  leases to such organization and used to maintain the office of

12  the highest ranking state official are exempt from the tax

13  imposed by this chapter.

14         2.  The provisions of this section authorizing

15  exemptions from tax shall be strictly defined, limited, and

16  applied in each category as follows:

17         a.  "Religious institutions" means churches,

18  synagogues, and established physical places for worship at

19  which nonprofit religious services and activities are

20  regularly conducted and carried on. The term "religious

21  institutions" includes nonprofit corporations the sole purpose

22  of which is to provide free transportation services to church

23  members, their families, and other church attendees. The term

24  "religious institutions" also includes state, district, or

25  other governing or administrative offices the function of

26  which is to assist or regulate the customary activities of

27  religious organizations or members. The term "religious

28  institutions" also includes any nonprofit corporation which is

29  qualified as nonprofit pursuant to s. 501(c)(3), Internal

30  Revenue Code of 1986, as amended, which owns and operates a

31  Florida television station, at least 90 percent of the

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    Florida Senate - 1998                                   SB 538
    23-263-98




  1  programming of which station consists of programs of a

  2  religious nature, and the financial support for which,

  3  exclusive of receipts for broadcasting from other nonprofit

  4  organizations, is predominantly from contributions from the

  5  general public. The term "religious institutions" also

  6  includes any nonprofit corporation which is qualified as

  7  nonprofit pursuant to s. 501(c)(3), Internal Revenue Code of

  8  1986, as amended, which provides regular religious services to

  9  Florida state prisoners and which from its own established

10  physical place of worship, operates a ministry providing

11  worship and services of a charitable nature to the community

12  on a weekly basis.

13         b.  "Charitable institutions" means only nonprofit

14  corporations qualified as nonprofit pursuant to s. 501(c)(3),

15  Internal Revenue Code of 1954, as amended, and other nonprofit

16  entities, the sole or primary function of which is to provide,

17  or to raise funds for organizations which provide, one or more

18  of the following services if a reasonable percentage of such

19  service is provided free of charge, or at a substantially

20  reduced cost, to persons, animals, or organizations that are

21  unable to pay for such service:

22         (I)  Medical aid for the relief of disease, injury, or

23  disability;

24         (II)  Regular provision of physical necessities such as

25  food, clothing, or shelter;

26         (III)  Services for the prevention of or rehabilitation

27  of persons from alcoholism or drug abuse; the prevention of

28  suicide; or the alleviation of mental, physical, or sensory

29  health problems;

30         (IV)  Social welfare services including adoption

31  placement, child care, community care for the elderly, and

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    Florida Senate - 1998                                   SB 538
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  1  other social welfare services which clearly and substantially

  2  benefit a client population which is disadvantaged or suffers

  3  a hardship;

  4         (V)  Medical research for the relief of disease,

  5  injury, or disability;

  6         (VI)  Legal services; or

  7         (VII)  Food, shelter, or medical care for animals or

  8  adoption services, cruelty investigations, or education

  9  programs concerning animals;

10

11  and the term includes groups providing volunteer staff to

12  organizations designated as charitable institutions under this

13  sub-subparagraph; nonprofit organizations the sole or primary

14  purpose of which is to coordinate, network, or link other

15  institutions designated as charitable institutions under this

16  sub-subparagraph with those persons, animals, or organizations

17  in need of their services; and nonprofit national, state,

18  district, or other governing, coordinating, or administrative

19  organizations the sole or primary purpose of which is to

20  represent or regulate the customary activities of other

21  institutions designated as charitable institutions under this

22  sub-subparagraph.  Notwithstanding any other requirement of

23  this section, any blood bank that relies solely upon volunteer

24  donations of blood and tissue, that is licensed under chapter

25  483, and that qualifies as tax exempt under s. 501(c)(3) of

26  the Internal Revenue Code constitutes a charitable institution

27  and is exempt from the tax imposed by this chapter. Sales to a

28  health system, qualified as nonprofit pursuant to s.

29  501(c)(3), Internal Revenue Code of 1986, as amended, which

30  filed an application for exemption with the department prior

31  to April 5, 1997, and which application is subsequently

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    Florida Senate - 1998                                   SB 538
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  1  approved, shall be exempt as to any unpaid taxes on purchases

  2  made from January 1, 1994, to June 1, 1997.

  3         c.  "Scientific organizations" means scientific

  4  organizations which hold current exemptions from federal

  5  income tax under s. 501(c)(3) of the Internal Revenue Code and

  6  also means organizations the purpose of which is to protect

  7  air and water quality or the purpose of which is to protect

  8  wildlife and which hold current exemptions from the federal

  9  income tax under s. 501(c)(3) of the Internal Revenue Code.

10         d.  "Educational institutions" means state

11  tax-supported or parochial, church and nonprofit private

12  schools, colleges, or universities which conduct regular

13  classes and courses of study required for accreditation by, or

14  membership in, the Southern Association of Colleges and

15  Schools, the Department of Education, the Florida Council of

16  Independent Schools, or the Florida Association of Christian

17  Colleges and Schools, Inc., or nonprofit private schools which

18  conduct regular classes and courses of study accepted for

19  continuing education credit by a Board of the Division of

20  Medical Quality Assurance of the Department of Business and

21  Professional Regulation or which conduct regular classes and

22  courses of study accepted for continuing education credit by

23  the American Medical Association. Nonprofit libraries, art

24  galleries, performing arts centers that provide educational

25  programs to school children, which programs involve

26  performances or other educational activities at the performing

27  arts center and serve a minimum of 50,000 school children a

28  year, and museums open to the public are defined as

29  educational institutions and are eligible for exemption. The

30  term "educational institutions" includes private nonprofit

31  organizations the purpose of which is to raise funds for

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    Florida Senate - 1998                                   SB 538
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  1  schools teaching grades kindergarten through high school,

  2  colleges, and universities. The term "educational

  3  institutions" includes any nonprofit newspaper of free or paid

  4  circulation primarily on university or college campuses which

  5  holds a current exemption from federal income tax under s.

  6  501(c)(3) of the Internal Revenue Code, and any educational

  7  television or radio network or system established pursuant to

  8  s. 229.805 or s. 229.8051 and any nonprofit television or

  9  radio station which is a part of such network or system and

10  which holds a current exemption from federal income tax under

11  s. 501(c)(3) of the Internal Revenue Code. The term

12  "educational institutions" also includes state, district, or

13  other governing or administrative offices the function of

14  which is to assist or regulate the customary activities of

15  educational organizations or members. The term "educational

16  institutions" also includes a nonprofit educational cable

17  consortium which holds a current exemption from federal income

18  tax under s. 501(c)(3) of the Internal Revenue Code of 1986,

19  as amended, whose primary purpose is the delivery of

20  educational and instructional cable television programming and

21  whose members are composed exclusively of educational

22  organizations which hold a valid consumer certificate of

23  exemption and which are either an educational institution as

24  defined in this sub-subparagraph, or qualified as a nonprofit

25  organization pursuant to s. 501(c)(3) of the Internal Revenue

26  Code of 1986, as amended.

27         e.  "Veterans' organizations" means nationally

28  chartered or recognized veterans' organizations, including,

29  but not limited to, Florida chapters of the Paralyzed Veterans

30  of America, Catholic War Veterans of the U.S.A., Jewish War

31  Veterans of the U.S.A., and the Disabled American Veterans,

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    Florida Senate - 1998                                   SB 538
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  1  Department of Florida, Inc., which hold current exemptions

  2  from federal income tax under s. 501(c)(4) or (19) of the

  3  Internal Revenue Code.

  4         Section 2.  This act shall take effect July 1, 1998.

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  7                          SENATE SUMMARY

  8    Provides an exemption from the tax on sales, use, and
      other transactions for sales of donated goods by
  9    nonprofit organizations in thrift shops that raise funds
      for charitable activities.
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