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





                                                   HOUSE AMENDMENT

                                                   Bill No. HB 561

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 2                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Finance & Taxation offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  (1)  Effective upon this act becoming a

18  law, subsection (9) is added to section 212.031, Florida

19  Statutes, 1998 Supplement, to read:

20         212.031  Lease or rental of or license in real

21  property.--

22         (9)  The rental, lease, sublease, or license for the

23  use of a skybox, luxury box, or other box seats for use during

24  a high school or college football game in a high tourism

25  impact county, as defined by s. 125.0104, is exempt from the

26  tax imposed by this section when the charge for such rental,

27  lease, sublease, or license is imposed by a nonprofit

28  sponsoring organization which is qualified as nonprofit

29  pursuant to s. 501(c)(3) of the Internal Revenue Code.

30         (2)  No tax imposed by chapter 212, Florida Statutes,

31  on the transactions made exempt by the amendment to s.

                                  1

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 561

    Amendment No.     (for drafter's use only)





 1  212.031, Florida Statutes, 1998 Supplement, by this section,

 2  and not actually paid or collected by a nonprofit sponsoring

 3  organization prior to the effective date of this section,

 4  shall be due from that nonprofit sponsoring organization.

 5         Section 2.  Section 212.0602, Florida Statutes, is

 6  amended to read.

 7         212.0602  Education; limited exemption.--To facilitate

 8  investment in education and job training, there is also exempt

 9  from the taxes levied under this chapter, subject to the

10  provisions of this section, the purchase or lease of

11  materials, equipment, and other items or the license in or

12  lease of real property by any entity, institution, or

13  organization that is primarily engaged in teaching students to

14  perform any of the activities or services described in s.

15  212.031(1)(a)9., that conducts classes at a fixed location

16  located in this state, that is licensed under chapter 246, and

17  that has at least 500 enrolled students.  Any entity,

18  institution, or organization meeting the requirements of this

19  section shall be deemed to qualify for the exemptions in ss.

20  212.031(1)(a)9. and 212.08(5)(f) and (12), and to qualify for

21  an exemption for its purchase or lease of materials,

22  equipment, and other items used for education or demonstration

23  of the school's curriculum, including supporting operations.

24  Nothing in this section shall preclude an entity described in

25  this section from qualifying for any other exemption provided

26  for in this chapter.

27         Section 3.  Paragraphs (o), (dd), and (gg) of

28  subsection (7) of section 212.08, Florida Statutes, 1998

29  Supplement, are amended, and paragraphs (zz), (aaa), and (bbb)

30  are added to said subsection, to read:

31         212.08  Sales, rental, use, consumption, distribution,

                                  2

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 561

    Amendment No.     (for drafter's use only)





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

 2  the rental, the use, the consumption, the distribution, and

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

 4  following are hereby specifically exempt from the tax imposed

 5  by this chapter.

 6         (7)  MISCELLANEOUS EXEMPTIONS.--

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

 8  and veterans' institutions and organizations.--

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

10  chapter transactions involving:

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

12  leases of tangible personal property by churches;

13         b.  Sales or leases to nonprofit religious, nonprofit

14  charitable, nonprofit scientific, or nonprofit educational

15  institutions when used in carrying on their customary

16  nonprofit religious, nonprofit charitable, nonprofit

17  scientific, or nonprofit educational activities, including

18  church cemeteries; and

19         c.  Sales or leases to the state headquarters of

20  qualified veterans' organizations and the state headquarters

21  of their auxiliaries when used in carrying on their customary

22  veterans' organization activities. If a qualified veterans'

23  organization or its auxiliary does not maintain a permanent

24  state headquarters, then transactions involving sales or

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

26  the highest ranking state official are exempt from the tax

27  imposed by this chapter.

28         2.  The provisions of this section authorizing

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

30  applied in each category as follows:

31         a.  "Religious institutions" means churches,

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 561

    Amendment No.     (for drafter's use only)





 1  synagogues, and established physical places for worship at

 2  which nonprofit religious services and activities are

 3  regularly conducted and carried on. The term "religious

 4  institutions" includes nonprofit corporations the sole purpose

 5  of which is to provide free transportation services to church

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

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

 8  other governing or administrative offices the function of

 9  which is to assist or regulate the customary activities of

10  religious organizations or members. The term "religious

11  institutions" also includes any nonprofit corporation which is

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

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

14  Florida television station, at least 90 percent of the

15  programming of which station consists of programs of a

16  religious nature, and the financial support for which,

17  exclusive of receipts for broadcasting from other nonprofit

18  organizations, is predominantly from contributions from the

19  general public. The term "religious institutions" also

20  includes any nonprofit corporation which is qualified as

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

22  1986, as amended, which provides regular religious services to

23  Florida state prisoners and which from its own established

24  physical place of worship, operates a ministry providing

25  worship and services of a charitable nature to the community

26  on a weekly basis.  The term "religious institutions" also

27  includes any nonprofit corporation which is qualified as

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

29  1986, as amended, the primary activity of which is making and

30  distributing audio recordings of religious scriptures and

31  teachings to blind or visually impaired persons at no charge.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 561

    Amendment No.     (for drafter's use only)





 1  The term "religious institutions" also includes any nonprofit

 2  corporation that is qualified as nonprofit pursuant to s.

 3  501(c)(3), Internal Revenue Code of 1986, as amended, the sole

 4  or primary function of which is to provide, upon invitation,

 5  nonprofit religious services, evangelistic services, religious

 6  education, administration assistance, or missionary assistance

 7  for a church, synagogue, or established physical place of

 8  worship at which nonprofit religious services and activities

 9  are regularly conducted.

10         b.  "Charitable institutions" means only nonprofit

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

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

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

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

15  of the following services if a reasonable percentage of such

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

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

18  unable to pay for such service:

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

20  disability;

21         (II)  Regular provision of physical necessities such as

22  food, clothing, or shelter;

23         (III)  Services for the prevention of or rehabilitation

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

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

26  health problems;

27         (IV)  Social welfare services including adoption

28  placement, child care, community care for the elderly,

29  consumer credit counseling, and other social welfare services

30  which clearly and substantially benefit a client population

31  which is disadvantaged or suffers a hardship;

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 561

    Amendment No.     (for drafter's use only)





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

 2  injury, or disability;

 3         (VI)  Legal services; or

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

 5  adoption services, cruelty investigations, or education

 6  programs concerning animals;

 7

 8  and the term includes groups providing volunteer staff to

 9  organizations designated as charitable institutions under this

10  sub-subparagraph; nonprofit organizations the sole or primary

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

12  institutions designated as charitable institutions under this

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

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

15  district, or other governing, coordinating, or administrative

16  organizations the sole or primary purpose of which is to

17  represent or regulate the customary activities of other

18  institutions designated as charitable institutions under this

19  sub-subparagraph.  Notwithstanding any other requirement of

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

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

22  483, and that qualifies as tax exempt under s. 501(c)(3) of

23  the Internal Revenue Code constitutes a charitable institution

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

25  health system foundation, qualified as nonprofit pursuant to

26  s. 501(c)(3), Internal Revenue Code of 1986, as amended, which

27  filed an application for exemption with the department prior

28  to November 15, 1997, and which application is subsequently

29  approved, shall be exempt as to any unpaid taxes on purchases

30  made from November 14, 1990, to December 31, 1997.

31         c.  "Scientific organizations" means scientific

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 561

    Amendment No.     (for drafter's use only)





 1  organizations which hold current exemptions from federal

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

 3  also means organizations the purpose of which is to protect

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

 5  wildlife and which hold current exemptions from the federal

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

 7         d.  "Educational institutions" means state

 8  tax-supported or parochial, church and nonprofit private

 9  schools, colleges, or universities which conduct regular

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

11  membership in, the Southern Association of Colleges and

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

13  Independent Schools, or the Florida Association of Christian

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

15  conduct regular classes and courses of study accepted for

16  continuing education credit by a board of the Division of

17  Medical Quality Assurance of the Department of Health or which

18  conduct regular classes and courses of study accepted for

19  continuing education credit by the American Medical

20  Association. Nonprofit libraries, art galleries, performing

21  arts centers that provide educational programs to school

22  children, which programs involve performances or other

23  educational activities at the performing arts center and serve

24  a minimum of 50,000 school children a year, and museums open

25  to the public are defined as educational institutions and are

26  eligible for exemption. The term "educational institutions"

27  includes private nonprofit organizations the purpose of which

28  is to raise funds for schools teaching grades kindergarten

29  through high school, colleges, and universities. The term

30  "educational institutions" includes any nonprofit newspaper of

31  free or paid circulation primarily on university or college

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 561

    Amendment No.     (for drafter's use only)





 1  campuses which holds a current exemption from federal income

 2  tax under s. 501(c)(3) of the Internal Revenue Code, and any

 3  educational television or radio network or system established

 4  pursuant to s. 229.805 or s. 229.8051 and any nonprofit

 5  television or radio station which is a part of such network or

 6  system and which holds a current exemption from federal income

 7  tax under s. 501(c)(3) of the Internal Revenue Code. The term

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

 9  other governing or administrative offices the function of

10  which is to assist or regulate the customary activities of

11  educational organizations or members. The term "educational

12  institutions" also includes a nonprofit educational cable

13  consortium which holds a current exemption from federal income

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

15  as amended, whose primary purpose is the delivery of

16  educational and instructional cable television programming and

17  whose members are composed exclusively of educational

18  organizations which hold a valid consumer certificate of

19  exemption and which are either an educational institution as

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

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

22  Code of 1986, as amended.

23         e.  "Veterans' organizations" means nationally

24  chartered or recognized veterans' organizations, including,

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

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

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

28  Department of Florida, Inc., which hold current exemptions

29  from federal income tax under s. 501(c)(3), (4), or (19) of

30  the Internal Revenue Code.

31         (dd)  Works of art.--

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 561

    Amendment No.     (for drafter's use only)





 1         1.  Also exempt are works of art sold to or used by an

 2  educational institution, as defined in sub-subparagraph

 3  (o)2.d.

 4         2.  This exemption also applies to the sale to or use

 5  in this state of any work of art by any person if it was

 6  purchased or imported exclusively for the purpose of being

 7  donated to any educational institution, or loaned to and made

 8  available for display by any educational institution, provided

 9  that the term of the loan agreement is for at least 10 years.

10         3.  The exemption provided by this paragraph for

11  donations is allowed only if the person who purchased the work

12  of art transfers title to the donated work of art to an

13  educational institution. Such transfer of title shall be

14  evidenced by an affidavit meeting requirements established by

15  rule to document entitlement to the exemption. Nothing in this

16  paragraph shall preclude a work of art donated to an

17  educational institution from remaining in the possession of

18  the donor or purchaser, as long as title to the work of art

19  lies with the educational institution.

20         4.3.  A work of art is presumed to have been purchased

21  in or imported into this state exclusively for loan as

22  provided in subparagraph 2., if it is so loaned or placed in

23  storage in preparation for such a loan within 90 days after

24  purchase or importation, whichever is later; but a work of art

25  is not deemed to be placed in storage in preparation for loan

26  for purposes of this exemption if it is displayed at any place

27  other than an educational institution.

28         5.4.  The exemptions provided by this paragraph are

29  allowed only if the person who purchased the work of art gives

30  to the vendor an affidavit meeting the requirements,

31  established by rule, to document entitlement to the exemption.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 561

    Amendment No.     (for drafter's use only)





 1  The person who purchased the work of art shall forward a copy

 2  of such affidavit to the Department of Revenue at the time it

 3  is issued to the vendor.

 4         6.5.  The exemption for loans provided by subparagraph

 5  2. applies only for the period during which a work of art is

 6  in the possession of the educational institution or is in

 7  storage before transfer of possession to that institution; and

 8  when it ceases to be so possessed or held, tax based upon the

 9  sales price paid by the owner is payable, and the statute of

10  limitations provided in s. 95.091 shall begin to run at that

11  time. However, tax shall not become due if the work of art is

12  donated to an educational institution after the loan ceases.

13         7.  Any educational institution to which a work of art

14  has been donated pursuant to this paragraph shall make

15  available to the department the title to the work of art and

16  any other relevant information. Any educational institution

17  which has received a work of art on loan pursuant to this

18  paragraph shall make available to the department information

19  relating to the work of art. Any educational institution that

20  transfers from its possession a work of art as defined by this

21  paragraph which has been loaned to it must notify the

22  Department of Revenue within 60 days after the transfer.

23         8.6.  For purposes of the exemptions provided by this

24  paragraph, the term "work of art" includes pictorial

25  representations, sculpture, jewelry, antiques, stamp

26  collections and coin collections, and other tangible personal

27  property, the value of which is attributable predominantly to

28  its artistic, historical, political, cultural, or social

29  importance.

30         7.  This paragraph is a remedial clarification of

31  legislative intent and applies to all taxes that remain open

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 561

    Amendment No.     (for drafter's use only)





 1  to assessment or contest on July 1, 1992.

 2         (gg)  Athletic event sponsors.--There shall be exempt

 3  from the tax imposed by this chapter sales or leases to those

 4  organizations that which:

 5         1.a.  Are incorporated pursuant to chapter 617; and

 6         2.b.  Hold a current exemption from federal corporate

 7  income tax liability pursuant to s. 501(c)(3) of the Internal

 8  Revenue Code of 1986, as amended; and

 9         3.a.2.  Sponsor golf tournaments sanctioned by the PGA

10  Tour, PGA of America, or the LPGA; or.

11         b.  Are funded primarily by county or municipal

12  governments and have as their primary purpose the

13  encouragement and facilitation of the use of certain locations

14  within this state as venues for sporting events.

15         (zz)  Nonprofit organizations raising funds for or

16  making grants to organizations holding consumer's certificate

17  of exemption.--Sales or leases to an organization which holds

18  current exemption from federal income tax pursuant to s.

19  501(c)(3) of the Internal Revenue Code, as amended, the sole

20  or primary function of which is to raise funds for or make

21  grants to another organization or organizations currently

22  holding a consumer's certificate of exemption issued by the

23  department are exempt from the tax imposed by this chapter.

24         (aaa)  Nonprofit water systems.--Sales or leases to a

25  not-for-profit corporation which holds a current exemption

26  from federal income tax under s. 501(c)(12) of the Internal

27  Revenue Code, as amended, are exempt from the tax imposed by

28  this chapter if the sole or primary function of the

29  corporation is to construct, maintain, or operate a water

30  system in this state.

31         (bbb)  Library cooperatives.--Sales or leases to

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 561

    Amendment No.     (for drafter's use only)





 1  library cooperatives certified under s. 257.41(2) are exempt

 2  from the tax imposed by this chapter.

 3

 4  Exemptions provided to any entity by this subsection shall not

 5  inure to any transaction otherwise taxable under this chapter

 6  when payment is made by a representative or employee of such

 7  entity by any means, including, but not limited to, cash,

 8  check, or credit card even when that representative or

 9  employee is subsequently reimbursed by such entity.

10         Section 4.  (1)  The exemption provided by paragraph

11  (zz) of s. 212.08(7), Florida Statutes, 1998 Supplement, as

12  created by this act, applies retroactively, except that all

13  taxes that have been collected must be remitted, and taxes

14  that have been remitted before July 1, 1999, on transactions

15  that are subject to exemption under that paragraph are not

16  subject to refund.

17         (2)  The exemption provided by paragraph (bbb) of s.

18  212.08(7), Florida Statutes, 1998 Supplement, as created by

19  this act, applies retroactively to July 1, 1997.

20         Section 5.  Subsection (2) of section 257.41, Florida

21  Statutes, is amended to read:

22         257.41  Library cooperatives; organization; receipt of

23  state moneys.--

24         (2)  The Division of Library and Information Services

25  of the Department of State shall establish operating standards

26  and rules under which a library cooperative is eligible to

27  receive state moneys. The division shall issue a certificate

28  to each library cooperative that meets the standards and rules

29  established under this subsection.

30         Section 6.  Except as otherwise provided herein, this

31  act shall take effect July 1, 1999.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 561

    Amendment No.     (for drafter's use only)





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

 2  And the title is amended as follows:

 3  remove from the title of the bill:  the entire title

 4

 5  and insert in lieu thereof:

 6                      A bill to be entitled

 7         An act relating to tax on sales, use, and other

 8         transactions; amending s. 212.031, F.S.;

 9         providing an exemption for the rental, lease,

10         sublease, or license to use certain skyboxes or

11         other box seats during specified activities in

12         a high tourism impact county under certain

13         conditions; providing that no tax imposed on

14         transactions so exempt and not actually paid or

15         collected prior to the effective date of such

16         exemption shall be due; amending s. 212.0602,

17         F.S., which exempts the purchase or lease of

18         materials, equipment, and other items by

19         specified educational entities, institutions,

20         or organizations under certain limited

21         circumstances; expanding the exemption to

22         include the license in or lease of real

23         property by, and supporting operations of, such

24         educational institutions; amending s. 212.08,

25         F.S.; removing a restriction on the application

26         of the exemption for veterans' organizations

27         and their auxiliaries; revising the definition

28         of "veterans' organizations"; including

29         nonprofit corporations that provide consumer

30         credit counseling in the definition of

31         "charitable institutions" for purposes of the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 561

    Amendment No.     (for drafter's use only)





 1         exemption granted to such institutions;

 2         providing an exemption for works of art

 3         purchased or imported for the purpose of

 4         donation to an educational institution;

 5         providing requirements with respect thereto;

 6         providing an exemption for sales or leases to

 7         certain organizations that are primarily funded

 8         by local governments and that encourage the use

 9         of certain locations as venues for sporting

10         events; providing an exemption for sales or

11         leases to nonprofit organizations the sole or

12         primary function of which is to raise funds for

13         or make grants to organizations currently

14         holding a consumer's certificate of exemption

15         issued by the Department of Revenue; providing

16         for retroactive application; providing an

17         exemption for sales or leases to nonprofit

18         corporations the sole or primary function of

19         which is to construct, maintain, or operate a

20         water system; providing an exemption for sales

21         or leases to library cooperatives certified

22         under s. 257.41, F.S.; providing for

23         retroactive application; amending s. 257.41,

24         F.S.; requiring the Division of Library and

25         Information Services of the Department of State

26         to issue certificates to library cooperatives

27         that are eligible to receive state moneys;

28         providing effective dates.

29

30

31

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