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





                                                   HOUSE AMENDMENT

                                                    Bill No. HB 99

    Amendment No. 001 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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 9

10                                                                

11  The Committee on Business Development & International Trade

12  offered the following:

13

14         Amendment (with title amendment) 

15  Remove from the bill:  Everything after the enacting clause

16

17  and insert in lieu thereof:

18         Section 1.  Paragraph (zz) is added to subsection (7)

19  of section 212.08, Florida Statutes, 1998 Supplement, to read:

20         212.08  Sales, rental, use, consumption, distribution,

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

22  the rental, the use, the consumption, the distribution, and

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

24  following are hereby specifically exempt from the tax imposed

25  by this chapter.

26         (7)  MISCELLANEOUS EXEMPTIONS.--

27         (zz)  Advertising agencies.--

28         1.  As used in this paragraph, "advertising agency"

29  means any firm that is primarily engaged in the business of

30  providing advertising materials and services to its clients.

31         2.  The sale of advertising services by an advertising

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    File original & 9 copies    02/17/99
    hbt0004                     10:38 am         00099-bdit-682953




                                                   HOUSE AMENDMENT

                                                    Bill No. HB 99

    Amendment No. 001 (for drafter's use only)





 1  agency to a client is exempt from the tax imposed by this

 2  chapter. Also exempt from the tax imposed by this chapter are

 3  items of tangible personal property such as photographic

 4  negatives and positives, videos, films, galleys, mechanicals,

 5  veloxes, illustrations, digital audiotapes, analog tapes,

 6  printed advertisement copies, compact discs for the purpose of

 7  recording, digital equipment, and artwork and the services

 8  used to produce those items if the items are:

 9         a.  Sold to an advertising agency that is acting as an

10  agent for its clients pursuant to contract, and are created

11  for the performance of advertising services for the clients;

12         b.  Produced, fabricated, manufactured, or otherwise

13  created by an advertising agency for its clients, and are used

14  in the performance of advertising services for the clients; or

15         c.  Sold by an advertising agency to its clients in the

16  performance of advertising services for the clients, whether

17  or not the charges for these items are marked up or separately

18  stated.

19

20  The exemption provided by this subparagraph does not apply

21  when tangible personal property such as film, paper, and

22  videotapes is purchased to create items such as photographic

23  negatives and positives, videos, films, galleys, mechanicals,

24  veloxes, illustrations, and artwork that are sold to an

25  advertising agency or produced in house by an advertising

26  agency on behalf of its clients.

27         3.  The items exempted from tax under subparagraph 2.

28  and the creative services used by an advertising agency to

29  design the advertising for promotional goods such as displays,

30  display containers, exhibits, newspaper inserts, brochures,

31  catalogues, direct mail letters or flats, shirts, hats, pens,

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    File original & 9 copies    02/17/99
    hbt0004                     10:38 am         00099-bdit-682953




                                                   HOUSE AMENDMENT

                                                    Bill No. HB 99

    Amendment No. 001 (for drafter's use only)





 1  pencils, key chains, or other printed goods or materials are

 2  not subject to tax. However, when such promotional goods are

 3  produced or reproduced for distribution, tax applies to the

 4  sales price charged to the client for such promotional goods.

 5         4.  For items purchased by an advertising agency and

 6  exempt from tax under this paragraph, possession of an

 7  exemption certificate from the advertising agency certifying

 8  the agency's entitlement to exemption relieves the vendor of

 9  the responsibility of collecting the tax on the sale of such

10  items to the advertising agency, and the department shall look

11  solely to the advertising agency for recovery of tax if it

12  determines that the advertising agency was not entitled to the

13  exemption.

14         5.  The exemptions provided by this paragraph apply

15  retroactively, except that all taxes that have been collected

16  must be remitted, and taxes that have been remitted before

17  July 1, 1999, on transactions that are subject to exemption

18  under this paragraph are not subject to refund.

19         6.  The Department may adopt rules that interpret or

20  define the provisions of this exemption and provide examples

21  regarding the application of this exemption.

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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                                                   HOUSE AMENDMENT

                                                    Bill No. HB 99

    Amendment No. 001 (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         On page 1, line 3, after "transactions;"

 4         To Page 1, line 11,

 5  remove from the title of the bill:  all of said lines

 6

 7  and insert in lieu thereof:

 8         amending s. 212.08, F.S.; defining "advertising

 9         agency"; exempting the sale of advertising

10         services by an advertising agency and certain

11         items sold to, produced by, or sold by

12         advertising agencies and related services from

13         the tax; providing for administration;

14         providing for retroactive applicability in

15         certain circumstances; providing an effective

16         date.

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    File original & 9 copies    02/17/99
    hbt0004                     10:38 am         00099-bdit-682953