Senate Bill 0388c1
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    Florida Senate - 2000                            CS for SB 388
    By the Committee on Fiscal Resource
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  1                      A bill to be entitled
  2         An act relating to taxation; amending s.
  3         212.08, F.S.; providing an exemption from the
  4         tax on sales, use, and other transactions for
  5         sales or leases to all organizations exempt
  6         from federal income tax under s. 501(c)(3) of
  7         the Internal Revenue Code; removing specific
  8         exemptions for military museums, homes for the
  9         aged, nursing homes, and hospices, religious,
10         charitable, and scientific institutions, state
11         theater contract organizations, Coast Guard
12         auxiliaries, athletic event sponsors, and the
13         Gasparilla Distance Classic Association, and
14         revising the exemptions for religious
15         organizations, organizations providing special
16         benefits to minors, veterans' organization
17         headquarters, educational institutions, works
18         of art, and citizen support organizations, to
19         conform; amending s. 212.084, F.S.; providing
20         for application of provisions relating to
21         temporary exemption certificates to newly
22         organized organizations exempt under s.
23         501(c)(3); repealing s. 196.195(4), F.S.,
24         relating to proof of nonprofit status;
25         repealing s. 196.196(1)(c), F.S., relating to
26         determining whether property is being used for
27         a charitable, religious, scientific, or
28         literary purpose; amending ss. 212.0821,
29         212.084, 376.3072, 403.715, 414.029, 496.404,
30         and 564.02, F.S.; conforming cross-references;
31         providing an effective date.
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  1  Be It Enacted by the Legislature of the State of Florida:
  2
  3         Section 1.  Subsection (7) of section 212.08, Florida
  4  Statutes, is amended to read:
  5         212.08  Sales, rental, use, consumption, distribution,
  6  and storage tax; specified exemptions.--The sale at retail,
  7  the rental, the use, the consumption, the distribution, and
  8  the storage to be used or consumed in this state of the
  9  following are hereby specifically exempt from the tax imposed
10  by this chapter.
11         (7)  MISCELLANEOUS EXEMPTIONS.--
12         (a)  Artificial commemorative flowers.--Exempt from the
13  tax imposed by this chapter is the sale of artificial
14  commemorative flowers by bona fide nationally chartered
15  veterans' organizations.
16         (b)  Boiler fuels.--When purchased for use as a
17  combustible fuel, purchases of natural gas, residual oil,
18  recycled oil, waste oil, solid waste material, coal, sulfur,
19  wood, wood residues or wood bark used in an industrial
20  manufacturing, processing, compounding, or production process
21  at a fixed location in this state are exempt from the taxes
22  imposed by this chapter; however, such exemption shall not be
23  allowed unless the purchaser signs a certificate stating that
24  the fuel to be exempted is for the exclusive use designated
25  herein. This exemption does not apply to the use of boiler
26  fuels that are not used in manufacturing, processing,
27  compounding, or producing items of tangible personal property
28  for sale, or to the use of boiler fuels used by any firm
29  subject to regulation by the Division of Hotels and
30  Restaurants of the Department of Business and Professional
31  Regulation.
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  1         (c)  Crustacea bait.--Also exempt from the tax imposed
  2  by this chapter is the purchase by commercial fishers of bait
  3  intended solely for use in the entrapment of Callinectes
  4  sapidus and Menippe mercenaria.
  5         (d)  Feeds.--Feeds for poultry, ostriches, and
  6  livestock, including racehorses and dairy cows, are exempt.
  7         (e)  Film rentals.--Film rentals are exempt when an
  8  admission is charged for viewing such film, and license fees
  9  and direct charges for films, videotapes, and transcriptions
10  used by television or radio stations or networks are exempt.
11         (f)  Flags.--Also exempt are sales of the flag of the
12  United States and the official state flag of Florida.
13         (g)  Florida Retired Educators Association and its
14  local chapters.--Also exempt from payment of the tax imposed
15  by this chapter are purchases of office supplies, equipment,
16  and publications made by the Florida Retired Educators
17  Association and its local chapters.
18         (h)  Guide dogs for the blind.--Also exempt are the
19  sale or rental of guide dogs for the blind, commonly referred
20  to as "seeing-eye dogs," and the sale of food or other items
21  for such guide dogs.
22         1.  The department shall issue a consumer's certificate
23  of exemption to any blind person who holds an identification
24  card as provided for in s. 413.091 and who either owns or
25  rents, or contemplates the ownership or rental of, a guide dog
26  for the blind. The consumer's certificate of exemption shall
27  be issued without charge and shall be of such size as to be
28  capable of being carried in a wallet or billfold.
29         2.  The department shall make such rules concerning
30  items exempt from tax under the provisions of this paragraph
31  as may be necessary to provide that any person authorized to
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  1  have a consumer's certificate of exemption need only present
  2  such a certificate at the time of paying for exempt goods and
  3  shall not be required to pay any tax thereon.
  4         (i)  Hospital meals and rooms.--Also exempt from
  5  payment of the tax imposed by this chapter on rentals and
  6  meals are patients and inmates of any hospital or other
  7  physical plant or facility designed and operated primarily for
  8  the care of persons who are ill, aged, infirm, mentally or
  9  physically incapacitated, or otherwise dependent on special
10  care or attention. Residents of a home for the aged are exempt
11  from payment of taxes on meals provided through the facility.
12  A home for the aged is defined as a facility that is licensed
13  or certified in part or in whole under chapter 400 or chapter
14  651, or that is financed by a mortgage loan made or insured by
15  the United States Department of Housing and Urban Development
16  under s. 202, s. 202 with a s. 8 subsidy, s. 221(d)(3) or (4),
17  s. 232, or s. 236 of the National Housing Act, or other such
18  similar facility designed and operated primarily for the care
19  of the aged.
20         (j)  Household fuels.--Also exempt from payment of the
21  tax imposed by this chapter are sales of utilities to
22  residential households or owners of residential models in this
23  state by utility companies who pay the gross receipts tax
24  imposed under s. 203.01, and sales of fuel to residential
25  households or owners of residential models, including oil,
26  kerosene, liquefied petroleum gas, coal, wood, and other fuel
27  products used in the household or residential model for the
28  purposes of heating, cooking, lighting, and refrigeration,
29  regardless of whether such sales of utilities and fuels are
30  separately metered and billed direct to the residents or are
31  metered and billed to the landlord. If any part of the utility
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  1  or fuel is used for a nonexempt purpose, the entire sale is
  2  taxable. The landlord shall provide a separate meter for
  3  nonexempt utility or fuel consumption.  For the purposes of
  4  this paragraph, licensed family day care homes shall also be
  5  exempt.
  6         (k)  Meals provided by certain nonprofit
  7  organizations.--There is exempt from the tax imposed by this
  8  chapter the sale of prepared meals by a nonprofit volunteer
  9  organization to handicapped, elderly, or indigent persons when
10  such meals are delivered as a charitable function by the
11  organization to such persons at their places of residence.
12         (l)  Military museums.--Also exempt are sales to
13  nonprofit corporations which hold current exemptions from
14  federal corporate income tax pursuant to s. 501(c)(3),
15  Internal Revenue Code of 1954, as amended, and whose primary
16  purpose is to raise money for military museums.
17         (m)  Nonprofit corporations; homes for the aged,
18  nursing homes, or hospices.--Nonprofit corporations which hold
19  current exemptions from federal corporate income tax pursuant
20  to s. 501(c)(3), Internal Revenue Code of 1954, as amended,
21  and which either qualify as homes for the aged pursuant to s.
22  196.1975(2) or are licensed as a nursing home or hospice under
23  the provisions of chapter 400, are exempt from the tax imposed
24  by this chapter.
25         (l)(n)  Organizations providing special educational,
26  cultural, recreational, and social benefits to minors.--Also
27  There shall be exempt from the tax imposed by this chapter are
28  sales or leases to and sales of donated property by nonprofit
29  organizations which are incorporated pursuant to chapter 617
30  or which hold a current exemption from federal corporate
31  income tax pursuant to s. 501(c)(3) of the Internal Revenue
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  1  Code the primary purpose of which is providing activities that
  2  contribute to the development of good character or good
  3  sportsmanship, or to the educational or cultural development,
  4  of minors.  This exemption is extended only to that level of
  5  the organization that has a salaried executive officer or an
  6  elected nonsalaried executive officer. For the purpose of this
  7  paragraph, the term "donated property" means any property
  8  transferred to such nonprofit organization for less than 50
  9  percent of its fair market value.
10         (m)(o)  Religious institutions Religious, charitable,
11  scientific, educational, and veterans' institutions and
12  organizations.--
13         1.  There are exempt from the tax imposed by this
14  chapter transactions involving:
15         a.  sales or leases directly to religious institutions
16  when used in carrying on their customary nonprofit religious
17  activities churches or sales or leases of tangible personal
18  property by religious institutions having an established
19  physical place for worship at which nonprofit religious
20  services and activities are regularly conducted and carried
21  on. churches;
22         2.  As used in this paragraph, the term:
23         a.  "Religious institutions" means churches,
24  synagogues, and established physical places for worship at
25  which nonprofit religious services and activities are
26  regularly conducted and carried on. The term "religious
27  institutions" includes nonprofit corporations the sole purpose
28  of which is to provide free transportation services to church
29  members, their families, and other church attendees. The term
30  "religious institutions" also includes nonprofit state,
31  nonprofit district, or other nonprofit governing or
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  1  administrative offices the function of which is to assist or
  2  regulate the customary activities of religious institutions.
  3  The term "religious institutions" also includes any nonprofit
  4  corporation that is qualified as nonprofit under s. 501(c)(3)
  5  of the Internal Revenue Code of 1986, as amended, and that
  6  owns and operates a Florida television station, at least 90
  7  percent of the programming of which station consists of
  8  programs of a religious nature and the financial support for
  9  which, exclusive of receipts for broadcasting from other
10  nonprofit organizations, is predominantly from contributions
11  from the general public. The term "religious institutions"
12  also includes any nonprofit corporation that is qualified as
13  nonprofit under s. 501(c)(3) of the Internal Revenue Code of
14  1986, as amended, the primary activity of which is making and
15  distributing audio recordings of religious scriptures and
16  teachings to blind or visually impaired persons at no charge.
17  The term "religious institutions" also includes any nonprofit
18  corporation that is qualified as nonprofit under s. 501(c)(3)
19  of the Internal Revenue Code of 1986, as amended, the sole or
20  primary function of which is to provide, upon invitation,
21  nonprofit religious services, evangelistic services, religious
22  education, administrative assistance, or missionary assistance
23  for a church, synagogue, or established physical place of
24  worship at which nonprofit religious services and activities
25  are regularly conducted.
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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  1         (n)c.  Veteran organizations.--
  2         1.  There are exempt from the tax imposed by this
  3  chapter transactions involving sales or leases to qualified
  4  veterans' organizations and their auxiliaries when used in
  5  carrying on their customary veterans' organization activities.
  6         2.  As used in this paragraph, the term "veterans'
  7  organizations" means nationally chartered or recognized
  8  veterans' organizations, including, but not limited to,
  9  Florida chapters of the Paralyzed Veterans of America,
10  Catholic War Veterans of the U.S.A., Jewish War Veterans of
11  the U.S.A., and the Disabled American Veterans, Department of
12  Florida, Inc., which hold current exemptions from federal
13  income tax under s. 501(c)(4) or (19) of the Internal Revenue
14  Code of 1986, as amended.
15         2.  The provisions of this section authorizing
16  exemptions from tax shall be strictly defined, limited, and
17  applied in each category as follows:
18         a.  "Religious institutions" means churches,
19  synagogues, and established physical places for worship at
20  which nonprofit religious services and activities are
21  regularly conducted and carried on. The term "religious
22  institutions" includes nonprofit corporations the sole purpose
23  of which is to provide free transportation services to church
24  members, their families, and other church attendees. The term
25  "religious 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  religious organizations or members. The term "religious
29  institutions" also includes any nonprofit corporation which is
30  qualified as nonprofit pursuant to s. 501(c)(3), Internal
31  Revenue Code of 1986, as amended, which owns and operates a
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  1  Florida television station, at least 90 percent of the
  2  programming of which station consists of programs of a
  3  religious nature, and the financial support for which,
  4  exclusive of receipts for broadcasting from other nonprofit
  5  organizations, is predominantly from contributions from the
  6  general public. The term "religious institutions" also
  7  includes any nonprofit corporation which is qualified as
  8  nonprofit pursuant to s. 501(c)(3), Internal Revenue Code of
  9  1986, as amended, which provides regular religious services to
10  Florida state prisoners and which from its own established
11  physical place of worship, operates a ministry providing
12  worship and services of a charitable nature to the community
13  on a weekly basis.  The term "religious institutions" also
14  includes any nonprofit corporation which is qualified as
15  nonprofit pursuant to s. 501(c)(3), Internal Revenue Code of
16  1986, as amended, the primary activity of which is making and
17  distributing audio recordings of religious scriptures and
18  teachings to blind or visually impaired persons at no charge.
19  The term "religious institutions" also includes any nonprofit
20  corporation that is qualified as nonprofit pursuant to s.
21  501(c)(3), Internal Revenue Code of 1986, as amended, the sole
22  or primary function of which is to provide, upon invitation,
23  nonprofit religious services, evangelistic services, religious
24  education, administration assistance, or missionary assistance
25  for a church, synagogue, or established physical place of
26  worship at which nonprofit religious services and activities
27  are regularly conducted.
28         b.  "Charitable institutions" means only nonprofit
29  corporations qualified as nonprofit pursuant to s. 501(c)(3),
30  Internal Revenue Code of 1954, as amended, and other nonprofit
31  entities, the sole or primary function of which is to provide,
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  1  or to raise funds for organizations which provide, one or more
  2  of the following services if a reasonable percentage of such
  3  service is provided free of charge, or at a substantially
  4  reduced cost, to persons, animals, or organizations that are
  5  unable to pay for such service:
  6         (I)  Medical aid for the relief of disease, injury, or
  7  disability;
  8         (II)  Regular provision of physical necessities such as
  9  food, clothing, or shelter;
10         (III)  Services for the prevention of or rehabilitation
11  of persons from alcoholism or drug abuse; the prevention of
12  suicide; or the alleviation of mental, physical, or sensory
13  health problems;
14         (IV)  Social welfare services including adoption
15  placement, child care, community care for the elderly,
16  consumer credit counseling, and other social welfare services
17  which clearly and substantially benefit a client population
18  which is disadvantaged or suffers a hardship;
19         (V)  Medical research for the relief of disease,
20  injury, or disability;
21         (VI)  Legal services; or
22         (VII)  Food, shelter, or medical care for animals or
23  adoption services, cruelty investigations, or education
24  programs concerning animals;
25
26  and the term includes groups providing volunteer staff to
27  organizations designated as charitable institutions under this
28  sub-subparagraph; nonprofit organizations the sole or primary
29  purpose of which is to coordinate, network, or link other
30  institutions designated as charitable institutions under this
31  sub-subparagraph with those persons, animals, or organizations
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  1  in need of their services; and nonprofit national, state,
  2  district, or other governing, coordinating, or administrative
  3  organizations the sole or primary purpose of which is to
  4  represent or regulate the customary activities of other
  5  institutions designated as charitable institutions under this
  6  sub-subparagraph.  Notwithstanding any other requirement of
  7  this section, any blood bank that relies solely upon volunteer
  8  donations of blood and tissue, that is licensed under chapter
  9  483, and that qualifies as tax exempt under s. 501(c)(3) of
10  the Internal Revenue Code constitutes a charitable institution
11  and is exempt from the tax imposed by this chapter. Sales to a
12  health system foundation, qualified as nonprofit pursuant to
13  s. 501(c)(3), Internal Revenue Code of 1986, as amended, which
14  filed an application for exemption with the department prior
15  to November 15, 1997, and which application is subsequently
16  approved, shall be exempt as to any unpaid taxes on purchases
17  made from November 14, 1990, to December 31, 1997.
18         c.  "Scientific organizations" means scientific
19  organizations which hold current exemptions from federal
20  income tax under s. 501(c)(3) of the Internal Revenue Code and
21  also means organizations the purpose of which is to protect
22  air and water quality or the purpose of which is to protect
23  wildlife and which hold current exemptions from the federal
24  income tax under s. 501(c)(3) of the Internal Revenue Code.
25         (o)d.  Schools, colleges, and universities.--Also
26  exempt from the tax imposed by this chapter are sales or
27  leases to "Educational institutions" means state tax-supported
28  or parochial, church and nonprofit private schools, colleges,
29  or universities. which conduct regular classes and courses of
30  study required for accreditation by, or membership in, the
31  Southern Association of Colleges and Schools, the Department
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  1  of Education, the Florida Council of Independent Schools, or
  2  the Florida Association of Christian Colleges and Schools,
  3  Inc., or nonprofit private schools which conduct regular
  4  classes and courses of study accepted for continuing education
  5  credit by a board of the Division of Medical Quality Assurance
  6  of the Department of Health or which conduct regular classes
  7  and courses of study accepted for continuing education credit
  8  by the American Medical Association. Nonprofit libraries, art
  9  galleries, performing arts centers that provide educational
10  programs to school children, which programs involve
11  performances or other educational activities at the performing
12  arts center and serve a minimum of 50,000 school children a
13  year, and museums open to the public are defined as
14  educational institutions and are eligible for exemption. The
15  term "educational institutions" includes private nonprofit
16  organizations the purpose of which is to raise funds for
17  schools teaching grades kindergarten through high school,
18  colleges, and universities. The term "educational
19  institutions" includes any nonprofit newspaper of free or paid
20  circulation primarily on university or college campuses which
21  holds a current exemption from federal income tax under s.
22  501(c)(3) of the Internal Revenue Code, and any educational
23  television or radio network or system established pursuant to
24  s. 229.805 or s. 229.8051 and any nonprofit television or
25  radio station which is a part of such network or system and
26  which holds a current exemption from federal income tax under
27  s. 501(c)(3) of the Internal Revenue Code. The term
28  "educational institutions" also includes state, district, or
29  other governing or administrative offices the function of
30  which is to assist or regulate the customary activities of
31  educational organizations or members. The term "educational
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  1  institutions" also includes a nonprofit educational cable
  2  consortium which holds a current exemption from federal income
  3  tax under s. 501(c)(3) of the Internal Revenue Code of 1986,
  4  as amended, whose primary purpose is the delivery of
  5  educational and instructional cable television programming and
  6  whose members are composed exclusively of educational
  7  organizations which hold a valid consumer certificate of
  8  exemption and which are either an educational institution as
  9  defined in this sub-subparagraph, or qualified as a nonprofit
10  organization pursuant to s. 501(c)(3) of the Internal Revenue
11  Code of 1986, as amended.
12         e.  "Veterans' organizations" means nationally
13  chartered or recognized veterans' organizations, including,
14  but not limited to, Florida chapters of the Paralyzed Veterans
15  of America, Catholic War Veterans of the U.S.A., Jewish War
16  Veterans of the U.S.A., and the Disabled American Veterans,
17  Department of Florida, Inc., which hold current exemptions
18  from federal income tax under s. 501(c)(3), (4), or (19) of
19  the Internal Revenue Code.
20         (p)  Section 501(c)(3) organizations.--Also exempt from
21  the tax imposed by this chapter are sales or leases to
22  organizations determined by the Internal Revenue Service to be
23  currently exempt from federal income tax pursuant to s.
24  501(c)(3) of the Internal Revenue Code of 1986, as amended,
25  when such leases or purchases are used in carrying on their
26  customary nonprofit activities.
27         (q)(p)  Resource recovery equipment.--Also exempt is
28  resource recovery equipment which is owned and operated by or
29  on behalf of any county or municipality, certified by the
30  Department of Environmental Protection under the provisions of
31  s. 403.715.
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  1         (r)(q)  School books and school lunches.--This
  2  exemption applies to school books used in regularly prescribed
  3  courses of study, and to school lunches served in public,
  4  parochial, or nonprofit schools operated for and attended by
  5  pupils of grades K through 12.  Yearbooks, magazines,
  6  newspapers, directories, bulletins, and similar publications
  7  distributed by such educational institutions to their students
  8  are also exempt. School books and food sold or served at
  9  community colleges and other institutions of higher learning
10  are taxable.
11         (r)  State theater contract organizations.--Nonprofit
12  organizations incorporated in accordance with chapter 617
13  which have qualified under s. 501(c)(3) of the Internal
14  Revenue Code of 1954, as amended, and which have been
15  designated as state theater contract organizations as provided
16  in s. 265.289 are exempt from the tax imposed by this chapter.
17         (s)  Tasting beverages.--Vinous and alcoholic beverages
18  provided by distributors or vendors for the purpose of "wine
19  tasting" and "spirituous beverage tasting" as contemplated
20  under the provisions of ss. 564.06 and 565.12, respectively,
21  are exempt from the tax imposed by this chapter.
22         (t)  Boats temporarily docked in state.--
23         1.  Notwithstanding the provisions of chapters 327 and
24  328, pertaining to the registration of vessels, a boat upon
25  which the state sales or use tax has not been paid is exempt
26  from the use tax under this chapter if it enters and remains
27  in this state for a period not to exceed a total of 20 days in
28  any calendar year calculated from the date of first dockage or
29  slippage at a facility, registered with the department, that
30  rents dockage or slippage space in this state.  If a boat
31  brought into this state for use under this paragraph is placed
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  1  in a facility, registered with the department, for repairs,
  2  alterations, refitting, or modifications and such repairs,
  3  alterations, refitting, or modifications are supported by
  4  written documentation, the 20-day period shall be tolled
  5  during the time the boat is physically in the care, custody,
  6  and control of the repair facility, including the time spent
  7  on sea trials conducted by the facility.  The 20-day time
  8  period may be tolled only once within a calendar year when a
  9  boat is placed for the first time that year in the physical
10  care, custody, and control of a registered repair facility;
11  however, the owner may request and the department may grant an
12  additional tolling of the 20-day period for purposes of
13  repairs that arise from a written guarantee given by the
14  registered repair facility, which guarantee covers only those
15  repairs or modifications made during the first tolled period.
16  Within 72 hours after the date upon which the registered
17  repair facility took possession of the boat, the facility must
18  have in its possession, on forms prescribed by the department,
19  an affidavit which states that the boat is under its care,
20  custody, and control and that the owner does not use the boat
21  while in the facility.  Upon completion of the repairs,
22  alterations, refitting, or modifications, the registered
23  repair facility must, within 72 hours after the date of
24  release, have in its possession a copy of the release form
25  which shows the date of release and any other information the
26  department requires. The repair facility shall maintain a log
27  that documents all alterations, additions, repairs, and sea
28  trials during the time the boat is under the care, custody,
29  and control of the facility.  The affidavit shall be
30  maintained by the registered repair facility as part of its
31  records for as long as required by s. 213.35.  When, within 6
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  1  months after the date of its purchase, a boat is brought into
  2  this state under this paragraph, the 6-month period provided
  3  in s. 212.05(1)(a)2. or s. 212.06(8) shall be tolled.
  4         2.  During the period of repairs, alterations,
  5  refitting, or modifications and during the 20-day period
  6  referred to in subparagraph 1., the boat may be listed for
  7  sale, contracted for sale, or sold exclusively by a broker or
  8  dealer registered with the department without incurring a use
  9  tax under this chapter; however, the sales tax levied under
10  this chapter applies to such sale.
11         3.  The mere storage of a boat at a registered repair
12  facility does not qualify as a tax-exempt use in this state.
13         4.  As used in this paragraph, "registered repair
14  facility" means:
15         a.  A full-service facility that:
16         (I)  Is located on a navigable body of water;
17         (II)  Has haulout capability such as a dry dock, travel
18  lift, railway, or similar equipment to service craft under the
19  care, custody, and control of the facility;
20         (III)  Has adequate piers and storage facilities to
21  provide safe berthing of vessels in its care, custody, and
22  control; and
23         (IV)  Has necessary shops and equipment to provide
24  repair or warranty work on vessels under the care, custody,
25  and control of the facility;
26         b.  A marina that:
27         (I)  Is located on a navigable body of water;
28         (II)  Has adequate piers and storage facilities to
29  provide safe berthing of vessels in its care, custody, and
30  control; and
31
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  1         (III)  Has necessary shops and equipment to provide
  2  repairs or warranty work on vessels; or
  3         c.  A shoreside facility that:
  4         (I)  Is located on a navigable body of water;
  5         (II)  Has adequate piers and storage facilities to
  6  provide safe berthing of vessels in its care, custody, and
  7  control; and
  8         (III)  Has necessary shops and equipment to provide
  9  repairs or warranty work.
10         (u)  Volunteer fire departments.--Also exempt are
11  firefighting and rescue service equipment and supplies
12  purchased by volunteer fire departments, duly chartered under
13  the Florida Statutes as corporations not for profit.
14         (v)  Professional services.--
15         1.  Also exempted are professional, insurance, or
16  personal service transactions that involve sales as
17  inconsequential elements for which no separate charges are
18  made.
19         2.  The personal service transactions exempted pursuant
20  to subparagraph 1. do not exempt the sale of information
21  services involving the furnishing of printed, mimeographed, or
22  multigraphed matter, or matter duplicating written or printed
23  matter in any other manner, other than professional services
24  and services of employees, agents, or other persons acting in
25  a representative or fiduciary capacity or information services
26  furnished to newspapers and radio and television stations.  As
27  used in this subparagraph, the term "information services"
28  includes the services of collecting, compiling, or analyzing
29  information of any kind or nature and furnishing reports
30  thereof to other persons.
31
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  1         3.  This exemption does not apply to any service
  2  warranty transaction taxable under s. 212.0506.
  3         4.  This exemption does not apply to any service
  4  transaction taxable under s. 212.05(1)(j).
  5         (w)  Certain newspaper, magazine, and newsletter
  6  subscriptions, shoppers, and community newspapers.--Likewise
  7  exempt are newspaper, magazine, and newsletter subscriptions
  8  in which the product is delivered to the customer by mail.
  9  Also exempt are free, circulated publications that are
10  published on a regular basis, the content of which is
11  primarily advertising, and that are distributed through the
12  mail, home delivery, or newsstands. The exemption for
13  newspaper, magazine, and newsletter subscriptions which is
14  provided in this paragraph applies only to subscriptions
15  entered into after March 1, 1997.
16         (x)  Sporting equipment brought into the
17  state.--Sporting equipment brought into Florida, for a period
18  of not more than 4 months in any calendar year, used by an
19  athletic team or an individual athlete in a sporting event is
20  exempt from the use tax if such equipment is removed from the
21  state within 7 days after the completion of the event.
22         (y)  Charter fishing vessels.--The charge for
23  chartering any boat or vessel, with the crew furnished, solely
24  for the purpose of fishing is exempt from the tax imposed
25  under s. 212.04 or s. 212.05.  This exemption does not apply
26  to any charge to enter or stay upon any "head-boat," party
27  boat, or other boat or vessel.  Nothing in this paragraph
28  shall be construed to exempt any boat from sales or use tax
29  upon the purchase thereof except as provided in paragraph (t)
30  and s. 212.05.
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  1         (z)  Vending machines sponsored by nonprofit or
  2  charitable organizations.--Also exempt are food or drinks for
  3  human consumption sold for 25 cents or less through a
  4  coin-operated vending machine sponsored by a nonprofit
  5  corporation qualified as nonprofit pursuant to s. 501(c)(3) or
  6  (4) of the Internal Revenue Code of 1986, as amended.
  7         (aa)  Certain commercial vehicles.--Also exempt is the
  8  sale, lease, or rental of a commercial motor vehicle as
  9  defined in s. 207.002(2), when the following conditions are
10  met:
11         1.  The sale, lease, or rental occurs between two
12  commonly owned and controlled corporations;
13         2.  Such vehicle was titled and registered in this
14  state at the time of the sale, lease, or rental; and
15         3.  Florida sales tax was paid on the acquisition of
16  such vehicle by the seller, lessor, or renter.
17         (bb)  Community cemeteries.--Also exempt are purchases
18  by any nonprofit corporation that has qualified under s.
19  501(c)(13) of the Internal Revenue Code of 1986, as amended,
20  and is operated for the purpose of maintaining a cemetery that
21  was donated to the community by deed.
22         (cc)  Coast Guard auxiliaries.--A nonprofit
23  organization that is affiliated with the Coast Guard, that is
24  exempt from federal income tax pursuant to s. 501(a) and
25  (c)(3) of the Internal Revenue Code of 1986, as amended, and
26  the primary purpose of which is to promote safe boating and to
27  conduct free public education classes in basic seamanship is
28  exempt from the tax imposed by this chapter.
29         (cc)(dd)  Works of art.--
30
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  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.  A work of art is presumed to have been purchased in
21  or imported into this state exclusively for loan as provided
22  in subparagraph 2., if it is so loaned or placed in storage in
23  preparation for such a loan within 90 days after purchase or
24  importation, whichever is later; but a work of art is not
25  deemed to be placed in storage in preparation for loan for
26  purposes of this exemption if it is displayed at any place
27  other than an educational institution.
28         5.  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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  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.  The exemption for loans provided by subparagraph 2.
  5  applies only for the period during which a work of art is in
  6  the possession of the educational institution or is in storage
  7  before transfer of possession to that institution; and when it
  8  ceases to be so possessed or held, tax based upon the sales
  9  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.  For purposes of the exemptions provided by this
24  paragraph, the term:
25         a.  "Educational institutions" includes state
26  tax-supported, parochial, church, and nonprofit private
27  schools, colleges, or universities that conduct regular
28  classes and courses of study required for accreditation by or
29  membership in the Southern Association of Colleges and
30  Schools, the Florida Council of Independent Schools, or the
31  Florida Association of Christian Colleges and Schools, Inc.;
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  1  nonprofit private schools that conduct regular classes and
  2  courses of study accepted for continuing education credit by a
  3  board of the Division of Medical Quality Assurance of the
  4  Department of Health; or nonprofit libraries, art galleries,
  5  performing arts centers that provide educational programs to
  6  school children, which programs involve performances or other
  7  educational activities at the performing arts center and serve
  8  a minimum of 50,000 schoolchildren a year, and museums open to
  9  the public.
10         b.  "Work of art" includes pictorial representations,
11  sculpture, jewelry, antiques, stamp collections and coin
12  collections, and other tangible personal property, the value
13  of which is attributable predominantly to its artistic,
14  historical, political, cultural, or social importance.
15         (dd)(ee)  Taxicab leases.--The lease of or license to
16  use a taxicab or taxicab-related equipment and services
17  provided by a taxicab company to an independent taxicab
18  operator are exempt, provided, however, the exemptions
19  provided under this paragraph only apply if sales or use tax
20  has been paid on the acquisition of the taxicab and its
21  related equipment.
22         (ee)(ff)  Aircraft repair and maintenance labor
23  charges.--There shall be exempt from the tax imposed by this
24  chapter all labor charges for the repair and maintenance of
25  aircraft of more than 15,000 pounds maximum certified takeoff
26  weight and rotary wing aircraft of more than 10,000 pounds
27  maximum certified takeoff weight. Except as otherwise provided
28  in this chapter, charges for parts and equipment furnished in
29  connection with such labor charges are taxable.
30
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  1         (gg)  Athletic event sponsors.--There shall be exempt
  2  from the tax imposed by this chapter sales or leases to
  3  organizations that:
  4         1.  Are incorporated pursuant to chapter 617;
  5         2.  Hold a current exemption from federal corporate
  6  income tax liability pursuant to s. 501(c)(3) of the Internal
  7  Revenue Code of 1986, as amended; and
  8         3.a.  Sponsor golf tournaments sanctioned by the PGA
  9  Tour, PGA of America, or the LPGA; or
10         b.  Are funded primarily by county or municipal
11  governments and have as their primary purpose the
12  encouragement and facilitation of the use of certain locations
13  within this state as venues for sporting events.
14         (ff)(hh)  Electric vehicles.--Effective July 1, 1995,
15  through June 30, 2000, the sale of an electric vehicle, as
16  defined in s. 320.01, is exempt from the tax imposed by this
17  chapter.
18         (gg)(ii)  Certain electricity or steam uses.--
19         1.  Subject to the provisions of subparagraph 4.,
20  charges for electricity or steam used to operate machinery and
21  equipment at a fixed location in this state when such
22  machinery and equipment is used to manufacture, process,
23  compound, produce, or prepare for shipment items of tangible
24  personal property for sale, or to operate pollution control
25  equipment, recycling equipment, maintenance equipment, or
26  monitoring or control equipment used in such operations are
27  exempt to the extent provided in this paragraph. If 75 percent
28  or more of the electricity or steam used at the fixed location
29  is used to operate qualifying machinery or equipment, 100
30  percent of the charges for electricity or steam used at the
31  fixed location are exempt. If less than 75 percent but 50
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  1  percent or more of the electricity or steam used at the fixed
  2  location is used to operate qualifying machinery or equipment,
  3  50 percent of the charges for electricity or steam used at the
  4  fixed location are exempt. If less than 50 percent of the
  5  electricity or steam used at the fixed location is used to
  6  operate qualifying machinery or equipment, none of the charges
  7  for electricity or steam used at the fixed location are
  8  exempt.
  9         2.  This exemption applies only to industries
10  classified under SIC Industry Major Group Numbers 10, 12, 13,
11  14, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,
12  35, 36, 37, 38, and 39 and Industry Group Number 212. As used
13  in this paragraph, "SIC" means those classifications contained
14  in the Standard Industrial Classification Manual, 1987, as
15  published by the Office of Management and Budget, Executive
16  Office of the President.
17         3.  Possession by a seller of a written certification
18  by the purchaser, certifying the purchaser's entitlement to an
19  exemption permitted by this subsection, relieves the seller
20  from the responsibility of collecting the tax on the
21  nontaxable amounts, and the department shall look solely to
22  the purchaser for recovery of such tax if it determines that
23  the purchaser was not entitled to the exemption.
24         4.  Such exemption shall be applied as follows:
25         a.  Beginning July 1, 1996, 20 percent of the charges
26  for such electricity shall be exempt.
27         b.  Beginning July 1, 1997, 40 percent of the charges
28  for such electricity shall be exempt.
29         c.  Beginning July 1, 1998, 60 percent of the charges
30  for such electricity or steam shall be exempt.
31
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  1         d.  Beginning July 1, 1999, 80 percent of the charges
  2  for such electricity or steam shall be exempt.
  3         e.  Beginning July 1, 2000, 100 percent of the charges
  4  for such electricity or steam shall be exempt.
  5         5.  Notwithstanding any other provision in this
  6  paragraph to the contrary, in order to receive the exemption
  7  provided in this paragraph a taxpayer must first register with
  8  the WAGES Program Business Registry established by the local
  9  WAGES coalition for the area in which the taxpayer is located.
10  Such registration establishes a commitment on the part of the
11  taxpayer to hire WAGES program participants to the maximum
12  extent possible consistent with the nature of their business.
13         6.a.  In order to determine whether the exemption
14  provided in this paragraph from the tax on charges for
15  electricity or steam has an effect on retaining or attracting
16  companies to this state, the Office of Program Policy Analysis
17  and Government Accountability shall periodically monitor and
18  report on the industries receiving the exemption.
19         b.  The first report shall be submitted no later than
20  January 1, 1997, and must be conducted in such a manner as to
21  specifically determine the number of companies within each SIC
22  Industry Major Group receiving the exemption as of September
23  1, 1996, and the number of individuals employed by companies
24  within each SIC Industry Major Group receiving the exemption
25  as of September 1, 1996.
26         c.  The second report shall be submitted no later than
27  January 1, 2001, and must be comprehensive in scope, but, at a
28  minimum, must be conducted in such a manner as to specifically
29  determine the number of companies within each SIC Industry
30  Major Group receiving the exemption as of September 1, 2000,
31  the number of individuals employed by companies within each
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  1  SIC Industry Major Group receiving the exemption as of
  2  September 1, 2000, whether the change, if any, in such number
  3  of companies or employees is attributable to the exemption
  4  provided in this paragraph, whether it would be sound public
  5  policy to continue or discontinue the exemption, and the
  6  consequences of doing so.
  7         d.  Both reports shall be submitted to the President of
  8  the Senate, the Speaker of the House of Representatives, the
  9  Senate Minority Leader, and the House Minority Leader.
10         (hh)(jj)  Fair associations.--Also exempt from the tax
11  imposed by this chapter is the sale, use, lease, rental, or
12  grant of a license to use, made directly to or by a fair
13  association, of real or tangible personal property; any charge
14  made by a fair association, or its agents, for parking,
15  admissions, or for temporary parking of vehicles used for
16  sleeping quarters; rentals, subleases, and sublicenses of real
17  or tangible personal property between the owner of the central
18  amusement attraction and any owner of an amusement ride, as
19  those terms are used in ss. 616.15(1)(b) and 616.242(3)(a),
20  for the furnishing of amusement rides at a public fair or
21  exposition; and other transactions of a fair association which
22  are incurred directly by the fair association in the
23  financing, construction, and operation of a fair, exposition,
24  or other event or facility that is authorized by s. 616.08. As
25  used in this paragraph, the terms "fair association" and
26  "public fair or exposition" have the same meaning as those
27  terms are defined in s. 616.001. This exemption does not apply
28  to the sale of tangible personal property made by a fair
29  association through an agent or independent contractor; sales
30  of admissions and tangible personal property by a
31  concessionaire, vendor, exhibitor, or licensee; or rentals and
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  1  subleases of tangible personal property or real property
  2  between the owner of the central amusement attraction and a
  3  concessionaire, vendor, exhibitor, or licensee, except for the
  4  furnishing of amusement rides, which transactions are exempt.
  5         (ii)(kk)  Citizen support organizations.--Also exempt
  6  from the tax imposed by this chapter are sales or leases to
  7  Beginning July 1, 1996, nonprofit organizations that are
  8  incorporated under chapter 617 or hold a current exemption
  9  from federal corporate income tax under s. 501(c)(3) of the
10  Internal Revenue Code, as amended, and that have been
11  designated citizen support organizations in support of
12  state-funded environmental programs or the management of
13  state-owned lands in accordance with s. 370.0205, or to
14  support one or more state parks in accordance with s. 258.015
15  are exempt from the tax imposed by this chapter.
16         (jj)(ll)  Florida Folk Festival.--There shall be exempt
17  from the tax imposed by this chapter income of a revenue
18  nature received from admissions to the Florida Folk Festival
19  held pursuant to s. 267.16 at the Stephen Foster State Folk
20  Culture Center, a unit of the state park system.
21         (kk)(mm)  Solar energy systems.--Also exempt are solar
22  energy systems or any component thereof.  The Florida Solar
23  Energy Center shall from time to time certify to the
24  department a list of equipment and requisite hardware
25  considered to be a solar energy system or a component thereof.
26  This exemption is repealed July 1, 2002.
27         (ll)(nn)  Nonprofit cooperative hospital
28  laundries.--Also exempt from the tax imposed by this chapter
29  are sales or leases to nonprofit organizations that are
30  incorporated under chapter 617 and which are treated, for
31  federal income tax purposes, as cooperatives under subchapter
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  1  T of the Internal Revenue Code, whose sole purpose is to offer
  2  laundry supplies and services to their members, which members
  3  must all be exempt from federal income tax pursuant to s.
  4  501(c)(3) of the Internal Revenue Code, are exempt from the
  5  tax imposed by this chapter.
  6         (mm)(oo)  Complimentary meals.--Also exempt from the
  7  tax imposed by this chapter are food or drinks that are
  8  furnished as part of a packaged room rate by any person
  9  offering for rent or lease any transient living accommodations
10  as described in s. 509.013(4)(a) which are licensed under part
11  I of chapter 509 and which are subject to the tax under s.
12  212.03, if a separate charge or specific amount for the food
13  or drinks is not shown. Such food or drinks are considered to
14  be sold at retail as part of the total charge for the
15  transient living accommodations. Moreover, the person offering
16  the accommodations is not considered to be the consumer of
17  items purchased in furnishing such food or drinks and may
18  purchase those items under conditions of a sale for resale.
19         (nn)(pp)  Nonprofit corporation conducting the
20  correctional work programs.--Products sold pursuant to s.
21  946.515 by the corporation organized pursuant to part II of
22  chapter 946 are exempt from the tax imposed by this chapter.
23  This exemption applies retroactively to July 1, 1983.
24         (oo)(qq)  Parent-teacher organizations, parent-teacher
25  associations, and schools having grades K through
26  12.--Parent-teacher organizations and associations qualified
27  as educational institutions as defined by sub-subparagraph
28  (cc)8.a. under paragraph (o) associated with schools having
29  grades K through 12, and schools having grades K through 12,
30  may pay tax to their suppliers on the cost price of school
31  materials and supplies purchased, rented, or leased for resale
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  1  or rental to students in grades K through 12, of items sold
  2  for fundraising purposes, and of items sold through vending
  3  machines located on the school premises, in lieu of collecting
  4  the tax imposed by this chapter from the purchaser. This
  5  paragraph also applies to food or beverages sold through
  6  vending machines located in the student lunchroom or dining
  7  room of a school having kindergarten through grade 12.
  8         (pp)(rr)  Mobile home lot improvements.--Items
  9  purchased by developers for use in making improvements to a
10  mobile home lot owned by the developer may be purchased
11  tax-exempt as a sale for resale if made pursuant to a contract
12  that requires the developer to sell a mobile home to a
13  purchaser, place the mobile home on the lot, and make the
14  improvements to the lot for a single lump-sum price. The
15  developer must collect and remit sales tax on the entire
16  lump-sum price.
17         (qq)(ss)  Veterans Administration.--When a veteran of
18  the armed forces purchases an aircraft, boat, mobile home,
19  motor vehicle, or other vehicle from a dealer pursuant to the
20  provisions of 38 U.S.C. s. 3902(a), or any successor provision
21  of the United States Code, the amount that is paid directly to
22  the dealer by the Veterans Administration is not taxable.
23  However, any portion of the purchase price which is paid
24  directly to the dealer by the veteran is taxable.
25         (rr)(tt)  Complimentary items.--There is exempt from
26  the tax imposed by this chapter:
27         1.  Any food or drink, whether or not cooked or
28  prepared on the premises, provided without charge as a sample
29  or for the convenience of customers by a dealer that primarily
30  sells food product items at retail.
31
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  1         2.  Any item given to a customer as part of a price
  2  guarantee plan related to point-of-sale errors by a dealer
  3  that primarily sells food products at retail.
  4
  5  The exemptions in this paragraph do not apply to businesses
  6  with the primary activity of serving prepared meals or
  7  alcoholic beverages for immediate consumption.
  8         (ss)(uu)  Donated foods or beverages.--Any food or
  9  beverage donated by a dealer that sells food products at
10  retail to a food bank or an organization that holds a current
11  exemption from federal corporate income tax pursuant to s.
12  501(c) of the Internal Revenue Code of 1986, as amended, is
13  exempt from the tax imposed by this chapter.
14         (tt)(vv)  Racing dogs.--The sale of a racing dog by its
15  owner is exempt if the owner is also the breeder of the
16  animal.
17         (uu)(ww)  Equipment used in aircraft repair and
18  maintenance.--There shall be exempt from the tax imposed by
19  this chapter replacement engines, parts, and equipment used in
20  the repair or maintenance of aircraft of more than 15,000
21  pounds maximum certified takeoff weight and rotary wing
22  aircraft of more than 10,300 pounds maximum certified takeoff
23  weight, when such parts or equipment are installed on such
24  aircraft that is being repaired or maintained in this state.
25  are installed on such aircraft that is being repaired or
26  maintained in this state.
27         (vv)(xx)  Aircraft sales or leases.--The sale or lease
28  of an aircraft of more than 15,000 pounds maximum certified
29  takeoff weight for use by a common carrier is exempt from the
30  tax imposed by this chapter. As used in this paragraph,
31  "common carrier" means an airline operating under Federal
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  1  Aviation Administration regulations contained in Title 14,
  2  chapter I, part 121 or part 129 of the Code of Federal
  3  Regulations.
  4         (yy)  Sales or leases to Gasparilla Distance Classic
  5  Association, Inc.--Also exempt from the tax imposed by this
  6  chapter are sales or leases to the Gasparilla Distance Classic
  7  Association, Inc., if that organization holds a current
  8  exemption from federal corporate income tax liability pursuant
  9  to s. 501(c)(3) of the Internal Revenue Code of 1986, as
10  amended.
11         (zz)  Nonprofit organizations raising funds for or
12  making grants to organizations holding consumer's certificate
13  of exemption.--Sales or leases to an organization which holds
14  current exemption from federal income tax pursuant to s.
15  501(c)(3) of the Internal Revenue Code, as amended, the sole
16  or primary function of which is to raise funds for or make
17  grants to another organization or organizations currently
18  holding a consumer's certificate of exemption issued by the
19  department are exempt from the tax imposed by this chapter.
20         (ww)(aaa)  Nonprofit water systems.--Sales or leases to
21  a not-for-profit corporation which holds a current exemption
22  from federal income tax under s. 501(c)(12) of the Internal
23  Revenue Code, as amended, are exempt from the tax imposed by
24  this chapter if the sole or primary function of the
25  corporation is to construct, maintain, or operate a water
26  system in this state.
27         (xx)(bbb)  Library cooperatives.--Sales or leases to
28  library cooperatives certified under s. 257.41(2) are exempt
29  from the tax imposed by this chapter.
30         (yy)(ccc)  Advertising agencies.--
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  1         1.  As used in this paragraph, the term "advertising
  2  agency" means any firm that is primarily engaged in the
  3  business of providing advertising materials and services to
  4  its clients.
  5         2.  The sale of advertising services by an advertising
  6  agency to a client is exempt from the tax imposed by this
  7  chapter. Also exempt from the tax imposed by this chapter are
  8  items of tangible personal property such as photographic
  9  negatives and positives, videos, films, galleys, mechanicals,
10  veloxes, illustrations, digital audiotapes, analog tapes,
11  printed advertisement copies, compact discs for the purpose of
12  recording, digital equipment, and artwork and the services
13  used to produce those items if the items are:
14         a.  Sold to an advertising agency that is acting as an
15  agent for its clients pursuant to contract, and are created
16  for the performance of advertising services for the clients;
17         b.  Produced, fabricated, manufactured, or otherwise
18  created by an advertising agency for its clients, and are used
19  in the performance of advertising services for the clients; or
20         c.  Sold by an advertising agency to its clients in the
21  performance of advertising services for the clients, whether
22  or not the charges for these items are marked up or separately
23  stated.
24
25  The exemption provided by this subparagraph does not apply
26  when tangible personal property such as film, paper, and
27  videotapes is purchased to create items such as photographic
28  negatives and positives, videos, films, galleys, mechanicals,
29  veloxes, illustrations, and artwork that are sold to an
30  advertising agency or produced in-house by an advertising
31  agency on behalf of its clients.
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  1         3.  The items exempted from tax under subparagraph 2.
  2  and the creative services used by an advertising agency to
  3  design the advertising for promotional goods such as displays,
  4  display containers, exhibits, newspaper inserts, brochures,
  5  catalogues, direct mail letters or flats, shirts, hats, pens,
  6  pencils, key chains, or other printed goods or materials are
  7  not subject to tax. However, when such promotional goods are
  8  produced or reproduced for distribution, tax applies to the
  9  sales price charged to the client for such promotional goods.
10         4.  For items purchased by an advertising agency and
11  exempt from tax under this paragraph, possession of an
12  exemption certificate from the advertising agency certifying
13  the agency's entitlement to exemption relieves the vendor of
14  the responsibility of collecting the tax on the sale of such
15  items to the advertising agency, and the department shall look
16  solely to the advertising agency for recovery of tax if it
17  determines that the advertising agency was not entitled to the
18  exemption.
19         5.  The exemptions provided by this paragraph apply
20  retroactively, except that all taxes that have been collected
21  must be remitted, and taxes that have been remitted before
22  July 1, 1999, on transactions that are subject to exemption
23  under this paragraph are not subject to refund.
24         6.  The department may adopt rules that interpret or
25  define the provisions of these exemptions and provide examples
26  regarding the application of these exemptions.
27         (zz)(ddd)  Bullion.--The sale of gold, silver, or
28  platinum bullion, or any combination thereof, in a single
29  transaction is exempt if the sales price exceeds $500. The
30  dealer must maintain proper documentation, as prescribed by
31  rule of the department, to identify that portion of a
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  1  transaction which involves the sale of gold, silver, or
  2  platinum bullion and is exempt under this paragraph.
  3         (aaa)(eee)  Certain repair and labor charges.--
  4         1.  Subject to the provisions of subparagraphs 2. and
  5  3., there is exempt from the tax imposed by this chapter all
  6  labor charges for the repair of, and parts and materials used
  7  in the repair of and incorporated into, industrial machinery
  8  and equipment which is used for the manufacture, processing,
  9  compounding, or production of items of tangible personal
10  property at a fixed location within this state.
11         2.  This exemption applies only to industries
12  classified under SIC Industry Major Group Numbers 10, 12, 13,
13  14, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,
14  36, 37, 38, and 39 and Industry Group Number 212. As used in
15  this subparagraph, "SIC" means those classifications contained
16  in the Standard Industrial Classification Manual, 1987, as
17  published by the Office of Management and Budget, Executive
18  Office of the President.
19         3.  This exemption shall be applied as follows:
20         a.  Beginning July 1, 1999, 25 percent of such charges
21  for repair parts and labor shall be exempt.
22         b.  Beginning July 1, 2000, 50 percent of such charges
23  for repair parts and labor shall be exempt.
24         c.  Beginning July 1, 2001, 75 percent of such charges
25  for repair parts and labor shall be exempt.
26         d.  Beginning July 1, 2002, 100 percent of such charges
27  for repair parts and labor shall be exempt.
28         (bbb)(fff)  Film and other printing supplies.--Also
29  exempt are the following materials purchased, produced, or
30  created by businesses classified under SIC Industry Numbers
31  275, 276, 277, 278, or 279 for use in producing graphic matter
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  1  for sale: film, photographic paper, dyes used for embossing
  2  and engraving, artwork, typography, lithographic plates, and
  3  negatives.  As used in this paragraph, "SIC" means those
  4  classifications contained in the Standard Industrial
  5  Classification Manual, 1987, as published by the Office of
  6  Management and Budget, Executive Office of the President.
  7
  8  Exemptions provided to any entity by this subsection shall not
  9  inure to any transaction otherwise taxable under this chapter
10  when payment is made by a representative or employee of such
11  entity by any means, including, but not limited to, cash,
12  check, or credit card even when that representative or
13  employee is subsequently reimbursed by such entity.
14         Section 2.  Subsection (6) of section 212.084, Florida
15  Statutes, is amended to read:
16         212.084  Review of exemption certificates; reissuance;
17  specified expiration date; temporary exemption certificates.--
18         (6)(a)  The Department of Revenue may issue temporary
19  exemption certificates to newly organized charitable
20  organizations applying for exemption under s. 212.08(7)(p) s.
21  212.08(7)(o)2.b. when a lack of historical information
22  prevents the applicant from qualifying immediately for an
23  exemption certificate. The department may require the
24  applicant to submit the information necessary to demonstrate
25  that the organization's proposed activities will qualify for
26  exemption under this chapter. The application must include an
27  estimate of the organization's expenditures that would be
28  taxable except for the temporary exemption certificate. If at
29  any time the amount of actual expenditures otherwise subject
30  to tax exceeds the anticipated amount, the applicant must file
31  with the department a supplemental application stating the
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  1  actual expenditures and the estimated expenditures for the
  2  duration of the period covered by the temporary certificate.
  3         (b)  A recipient of a temporary certificate must
  4  qualify for a permanent certificate before the temporary
  5  certificate expires, or the recipient will be liable for the
  6  taxes and interest on all purchases for which the temporary
  7  exemption certificate was used. The executive director of the
  8  department may require the applicant for a temporary exemption
  9  certificate to file a cash or surety bond in an amount
10  sufficient to satisfy the department's estimate of taxes and
11  interest that would be due if the organization failed to
12  timely qualify for a regular exemption certificate.
13         (c)  A temporary exemption certificate expires 12
14  months after the date of issuance and may be renewed once for
15  an additional 12 months. If at any time the department
16  determines that the organization will not meet the criteria in
17  s. 212.08(7)(p) s. 212.08(7)(o)2.b. for the issuance of a
18  regular exemption certificate, the temporary exemption
19  certificate must be canceled, and the taxes and interest on
20  all purchases for which the temporary exemption certificate
21  was used are due within 30 days after the cancellation. The
22  department may adopt rules governing the application for, the
23  issuance of, and the form of the temporary exemption
24  certificate and providing for the collection of back taxes and
25  interest.
26         Section 3.  Subsection (4) of section 196.195 and
27  paragraph (c) of subsection (1) of section 196.196, Florida
28  Statutes, are repealed.
29         Section 4.  Subsection (2) of section 212.0821, Florida
30  Statutes, is amended to read:
31
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  1         212.0821  Legislative intent that political
  2  subdivisions and public libraries use their sales tax
  3  exemption certificates for purchases on behalf of specified
  4  groups.--It is the intent of the Legislature that the
  5  political subdivisions of the state and the public libraries
  6  utilize their sales tax exemption certificates to purchase,
  7  with funds provided by the following groups, services,
  8  equipment, supplies, and items necessary for the operation of
  9  such groups, in addition to the normal exempt purchases that
10  political subdivisions and libraries are empowered to make:
11         (2)  Counties and municipalities shall purchase
12  necessary goods and services requested by REACT groups,
13  neighborhood crime watch groups, and state or locally
14  recognized organizations solely engaged in youth activities
15  identical to those discussed in s. 212.08(7)(l) s.
16  212.08(7)(n).
17         Section 5.  Paragraph (a) of subsection (2) of section
18  376.3072, Florida Statutes, is amended to read:
19         376.3072  Florida Petroleum Liability and Restoration
20  Insurance Program.--
21         (2)(a)  Any owner or operator of a petroleum storage
22  system may become an insured in the restoration insurance
23  program at a facility provided:
24         1.  A site at which an incident has occurred shall be
25  eligible for restoration if the insured is a participant in
26  the third-party liability insurance program or otherwise meets
27  applicable financial responsibility requirements. After July
28  1, 1993, the insured must also provide the required excess
29  insurance coverage or self-insurance for restoration to
30  achieve the financial responsibility requirements of 40 C.F.R.
31  s. 280.97, subpart H, not covered by paragraph (d).
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  1         2.  A site which had a discharge reported prior to
  2  January 1, 1989, for which notice was given pursuant to s.
  3  376.3071(9) or (12), and which is ineligible for the
  4  third-party liability insurance program solely due to that
  5  discharge shall be eligible for participation in the
  6  restoration program for any incident occurring on or after
  7  January 1, 1989, in accordance with subsection (3).
  8  Restoration funding for an eligible contaminated site will be
  9  provided without participation in the third-party liability
10  insurance program until the site is restored as required by
11  the department or until the department determines that the
12  site does not require restoration.
13         3.  Notwithstanding paragraph (b), a site where an
14  application is filed with the department prior to January 1,
15  1995, where the owner is a small business under s. 288.703(1),
16  a state community college with less than 2,500 FTE, a
17  religious institution as defined by s. 212.08(7)(m) s.
18  212.08(7)(o)2.a., a charitable institution as defined by s.
19  212.08(7)(p) s. 212.08(7)(o)2.b., or a county or municipality
20  with a population of less than 50,000, shall be eligible for
21  up to $300,000 of eligible restoration costs, less a
22  deductible of $10,000 for small businesses, eligible community
23  colleges, and religious or charitable institutions, and
24  $30,000 for eligible counties and municipalities, provided
25  that:
26         a.  Except as provided in sub-subparagraph e., the
27  facility was in compliance with department rules at the time
28  of the discharge.
29         b.  The owner or operator has, upon discovery of a
30  discharge, promptly reported the discharge to the department,
31  and drained and removed the system from service, if necessary.
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  1         c.  The owner or operator has not intentionally caused
  2  or concealed a discharge or disabled leak detection equipment.
  3         d.  The owner or operator proceeds to complete initial
  4  remedial action as defined by department rules.
  5         e.  The owner or operator, if required and if it has
  6  not already done so, applies for third-party liability
  7  coverage for the facility within 30 days of receipt of an
  8  eligibility order issued by the department pursuant to this
  9  provision.
10
11  However, the department may consider in-kind services from
12  eligible counties and municipalities in lieu of the $30,000
13  deductible. The cost of conducting initial remedial action as
14  defined by department rules shall be an eligible restoration
15  cost pursuant to this provision.
16         4.a.  By January 1, 1997, facilities at sites with
17  existing contamination shall be required to have methods of
18  release detection to be eligible for restoration insurance
19  coverage for new discharges subject to department rules for
20  secondary containment.  Annual storage system testing, in
21  conjunction with inventory control, shall be considered to be
22  a method of release detection until the later of December 22,
23  1998, or 10 years after the date of installation or the last
24  upgrade.  Other methods of release detection for storage tanks
25  which meet such requirement are:
26         (I)  Interstitial monitoring of tank and integral
27  piping secondary containment systems;
28         (II)  Automatic tank gauging systems; or
29         (III)  A statistical inventory reconciliation system
30  with a tank test every 3 years.
31
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  1         b.  For pressurized integral piping systems, the owner
  2  or operator must use:
  3         (I)  An automatic in-line leak detector with flow
  4  restriction meeting the requirements of department rules used
  5  in conjunction with an annual tightness or pressure test; or
  6         (II)  An automatic in-line leak detector with
  7  electronic flow shut-off meeting the requirements of
  8  department rules.
  9         c.  For suction integral piping systems, the owner or
10  operator must use:
11         (I)  A single check valve installed directly below the
12  suction pump, provided there are no other valves between the
13  dispenser and the tank; or
14         (II)  An annual tightness test or other approved test.
15         d.  Owners of facilities with existing contamination
16  that install internal release detection systems in accordance
17  with sub-subparagraph a. shall permanently close their
18  external groundwater and vapor monitoring wells in accordance
19  with department rules by December 31, 1998.  Upon installation
20  of the internal release detection system, these wells shall be
21  secured and taken out of service until permanent closure.
22         e.  Facilities with vapor levels of contamination
23  meeting the requirements of or below the concentrations
24  specified in the performance standards for release detection
25  methods specified in department rules may continue to use
26  vapor monitoring wells for release detection.
27         f.  The department may approve other methods of release
28  detection for storage tanks and integral piping which have at
29  least the same capability to detect a new release as the
30  methods specified in this subparagraph.
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  1         Section 6.  Section 403.715, Florida Statutes, is
  2  amended to read:
  3         403.715  Certification of resource recovery or
  4  recycling equipment.--For purposes of implementing the tax
  5  exemptions provided by s. 212.08(5)(e) and (7)(q) (7)(p), the
  6  department shall establish a system for the examination and
  7  certification of resource recovery or recycling equipment.
  8  Application for certification of equipment shall be submitted
  9  to the department on forms prescribed by it which include such
10  pertinent information as the department may require.  The
11  department may require appropriate certification by a
12  certified public accountant or professional engineer that the
13  equipment for which these exemptions are being sought complies
14  with the exemption criteria set forth in s. 212.08(5)(e) and
15  (7)(q) (7)(p). Within 30 days after receipt of an application
16  by the department, a representative of the department may
17  inspect the equipment. Within 30 days after such inspection,
18  the department shall issue a written decision granting or
19  denying certification.
20         Section 7.  Section 414.029, Florida Statutes, is
21  amended to read:
22         414.029  WAGES Program Business Registry.--Each local
23  WAGES coalition created pursuant to s. 414.028 must establish
24  a business registry for business firms committed to assist in
25  the effort of finding jobs for WAGES Program participants.
26  Registered businesses agree to work with the coalition and to
27  hire WAGES Program participants to the maximum extent possible
28  consistent with the nature of their business.  Each quarter,
29  the coalition must publish a list of businesses registered as
30  a prerequisite for receiving a tax exemption provided under s.
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  1  212.08(5)(b) or (7)(gg) (7)(ii) and the number of jobs each
  2  has provided for program participants.
  3         Section 8.  Subsection (8) of section 496.404, Florida
  4  Statutes, is amended to read:
  5         496.404  Definitions.--As used in ss. 496.401-496.424:
  6         (8)  "Educational institutions" means those
  7  institutions and organizations described in s.
  8  212.08(7)(cc)8.a. s. 212.08(7)(o)2.d.
  9         Section 9.  Paragraph (b) of subsection (3) of section
10  564.02, Florida Statutes, is amended to read:
11         564.02  License fees; vendors; manufacturers and
12  distributors.--
13         (3)
14         (b)  A bona fide religious order, monastery, church, or
15  religious body that has a tax-exempt status as a religious
16  organization as provided by s. 212.08(7)(m) or (p) s.
17  212.08(7)(o) may be licensed as a distributor under this
18  subsection if its sales and distribution are limited to wines
19  sold solely for religious or sacramental purposes to holders
20  of valid permits obtained under s. 564.03; and such religious
21  order, monastery, church, or religious body shall pay a state
22  license tax of $50 for each and every such distribution
23  establishment to be operated by the licensee.
24         Section 10.  This act shall take effect January 1,
25  2001.
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 388
  3
  4  1     Limits the sales tax exemption on sales by certain
          nonprofit organizations serving minors to sales of
  5        donated property. Defines donated property to mean
          property transferred to such nonprofits for less than
  6        50% of its fair market value.
  7  2)    Uncouples the exemptions for churches and other
          religious organizations allowing churches to continue to
  8        sell tangible personal property tax exempt while
          limiting the sales tax exemption for other religious
  9        organizations to sales or leases to such organizations.
          This amendment reflects current law.
10
    3)    Repeals ss. 196.195(4) and 196.196(1)(c), F.S., which
11        provides that any s. 501(c)(3) organization with a
          consumer certificate of exemption is nonprofit for ad
12        valorem taxation. By providing a sales tax exemption for
          all s. 501(c)(3) organizations, the bill relieves the
13        Department of Revenue of determining whether such
          organizations are charitable, and repealing these
14        sections will give responsibility for making this
          determination for ad valorem purposes to the property
15        appraiser.
16  4)    Changes the effective date from July 1, 2000, to January
          1, 2001.
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