House Bill 0561

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    Florida House of Representatives - 1999                 HB 561

        By Representative Fasano






  1                      A bill to be entitled

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

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

  4         removing a restriction on the application of

  5         the exemption for veterans' organizations and

  6         their auxiliaries; providing an exemption for

  7         sales or leases to organizations exempt from

  8         federal income tax under s. 501(c)(3) of the

  9         Internal Revenue Code; providing an effective

10         date.

11

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

13

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

15  212.08, Florida Statutes, 1998 Supplement, is amended, and

16  paragraph (zz) is added to said subsection, to read:

17         212.08  Sales, rental, use, consumption, distribution,

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

19  the rental, the use, the consumption, the distribution, and

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

21  following are hereby specifically exempt from the tax imposed

22  by this chapter.

23         (7)  MISCELLANEOUS EXEMPTIONS.--

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

25  and veterans' institutions and organizations.--

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

27  chapter transactions involving:

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

29  leases of tangible personal property by churches;

30         b.  Sales or leases to nonprofit religious, nonprofit

31  charitable, nonprofit scientific, or nonprofit educational

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    Florida House of Representatives - 1999                 HB 561

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  1  institutions when used in carrying on their customary

  2  nonprofit religious, nonprofit charitable, nonprofit

  3  scientific, or nonprofit educational activities, including

  4  church cemeteries; and

  5         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 House of Representatives - 1999                 HB 561

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  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.  The term "religious institutions" also

13  includes any nonprofit corporation which is qualified as

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

15  1986, as amended, the primary activity of which is making and

16  distributing audio recordings of religious scriptures and

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

18  The term "religious institutions" also includes any nonprofit

19  corporation that is qualified as nonprofit pursuant to s.

20  501(c)(3), Internal Revenue Code of 1986, as amended, the sole

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

22  nonprofit religious services, evangelistic services, religious

23  education, administration assistance, or missionary assistance

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

25  worship at which nonprofit religious services and activities

26  are regularly conducted.

27         b.  "Charitable institutions" means only nonprofit

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

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

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

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

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  1  of the following services if a reasonable percentage of such

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

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

  4  unable to pay for such service:

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

  6  disability;

  7         (II)  Regular provision of physical necessities such as

  8  food, clothing, or shelter;

  9         (III)  Services for the prevention of or rehabilitation

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

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

12  health problems;

13         (IV)  Social welfare services including adoption

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

15  other social welfare services which clearly and substantially

16  benefit a client population which is disadvantaged or suffers

17  a hardship;

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

19  injury, or disability;

20         (VI)  Legal services; or

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

22  adoption services, cruelty investigations, or education

23  programs concerning animals;

24

25  and the term includes groups providing volunteer staff to

26  organizations designated as charitable institutions under this

27  sub-subparagraph; nonprofit organizations the sole or primary

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

29  institutions designated as charitable institutions under this

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

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

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  1  district, or other governing, coordinating, or administrative

  2  organizations the sole or primary purpose of which is to

  3  represent or regulate the customary activities of other

  4  institutions designated as charitable institutions under this

  5  sub-subparagraph.  Notwithstanding any other requirement of

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

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

  8  483, and that qualifies as tax exempt under s. 501(c)(3) of

  9  the Internal Revenue Code constitutes a charitable institution

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

11  health system foundation, qualified as nonprofit pursuant to

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

13  filed an application for exemption with the department prior

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

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

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

17         c.  "Scientific organizations" means scientific

18  organizations which hold current exemptions from federal

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

20  also means organizations the purpose of which is to protect

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

22  wildlife and which hold current exemptions from the federal

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

24         d.  "Educational institutions" means state

25  tax-supported or parochial, church and nonprofit private

26  schools, colleges, or universities which conduct regular

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

28  membership in, the Southern Association of Colleges and

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

30  Independent Schools, or the Florida Association of Christian

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

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    Florida House of Representatives - 1999                 HB 561

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  1  conduct regular classes and courses of study accepted for

  2  continuing education credit by a board of the Division of

  3  Medical Quality Assurance of the Department of Health or which

  4  conduct regular classes and courses of study accepted for

  5  continuing education credit by the American Medical

  6  Association. Nonprofit libraries, art galleries, performing

  7  arts centers that provide educational programs to school

  8  children, which programs involve performances or other

  9  educational activities at the performing arts center and serve

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

11  to the public are defined as educational institutions and are

12  eligible for exemption. The term "educational institutions"

13  includes private nonprofit organizations the purpose of which

14  is to raise funds for schools teaching grades kindergarten

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

16  "educational institutions" includes any nonprofit newspaper of

17  free or paid circulation primarily on university or college

18  campuses which holds a current exemption from federal income

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

20  educational television or radio network or system established

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

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

23  system and which holds a current exemption from federal income

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

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

26  other governing or administrative offices the function of

27  which is to assist or regulate the customary activities of

28  educational organizations or members. The term "educational

29  institutions" also includes a nonprofit educational cable

30  consortium which holds a current exemption from federal income

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

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    Florida House of Representatives - 1999                 HB 561

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  1  as amended, whose primary purpose is the delivery of

  2  educational and instructional cable television programming and

  3  whose members are composed exclusively of educational

  4  organizations which hold a valid consumer certificate of

  5  exemption and which are either an educational institution as

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

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

  8  Code of 1986, as amended.

  9         e.  "Veterans' organizations" means nationally

10  chartered or recognized veterans' organizations, including,

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

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

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

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

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

16  Internal Revenue Code.

17         (zz)  Internal Revenue Code s. 501(c)(3)

18  organizations.--Also exempt from the tax imposed by this

19  chapter are sales or leases to organizations holding a current

20  exemption from federal income tax pursuant to s. 501(c)(3) of

21  the Internal Revenue Code.

22

23  Exemptions provided to any entity by this subsection shall not

24  inure to any transaction otherwise taxable under this chapter

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

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

27  check, or credit card even when that representative or

28  employee is subsequently reimbursed by such entity.

29         Section 2.  This act shall take effect July 1, 1999.

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    Florida House of Representatives - 1999                 HB 561

    565-156-99






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  2                          HOUSE SUMMARY

  3
      Removes provisions which restrict the application of the
  4    sales tax exemption for veterans' organizations and their
      auxiliaries to their state headquarters.  Provides a
  5    sales tax exemption for organizations exempt from federal
      income tax under s. 501(c)(3) of the Internal Revenue
  6    Code.

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