| 1 | A bill to be entitled | 
| 2 | An act relating to exemptions from the tax on sales, use, | 
| 3 | and other transactions; amending s. 212.08, F.S.; | 
| 4 | providing that provision by nonprofit cooperative hospital | 
| 5 | laundries of certain supplies and services pursuant to a | 
| 6 | written emergency plan of operation does not invalidate a | 
| 7 | certificate of exemption or cause such a certificate to be | 
| 8 | denied; requiring member divestiture of interests and | 
| 9 | participation in such laundries for a change in federal | 
| 10 | tax exempt status or ownership status; providing an | 
| 11 | effective date. | 
| 12 | 
 | 
| 13 | Be It Enacted by the Legislature of the State of Florida: | 
| 14 | 
 | 
| 15 | Section 1.  Paragraph (ii) of subsection (7) of section | 
| 16 | 212.08, Florida Statutes, is amended to read: | 
| 17 | 212.08  Sales, rental, use, consumption, distribution, and | 
| 18 | storage tax; specified exemptions.--The sale at retail, the | 
| 19 | rental, the use, the consumption, the distribution, and the | 
| 20 | storage to be used or consumed in this state of the following | 
| 21 | are hereby specifically exempt from the tax imposed by this | 
| 22 | chapter. | 
| 23 | (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any | 
| 24 | entity by this chapter do not inure to any transaction that is | 
| 25 | otherwise taxable under this chapter when payment is made by a | 
| 26 | representative or employee of the entity by any means, | 
| 27 | including, but not limited to, cash, check, or credit card, even | 
| 28 | when that representative or employee is subsequently reimbursed | 
| 29 | by the entity. In addition, exemptions provided to any entity by | 
| 30 | this subsection do not inure to any transaction that is | 
| 31 | otherwise taxable under this chapter unless the entity has | 
| 32 | obtained a sales tax exemption certificate from the department | 
| 33 | or the entity obtains or provides other documentation as | 
| 34 | required by the department. Eligible purchases or leases made | 
| 35 | with such a certificate must be in strict compliance with this | 
| 36 | subsection and departmental rules, and any person who makes an | 
| 37 | exempt purchase with a certificate that is not in strict | 
| 38 | compliance with this subsection and the rules is liable for and | 
| 39 | shall pay the tax. The department may adopt rules to administer | 
| 40 | this subsection. | 
| 41 | (ii)  Nonprofit cooperative hospital laundries.--Also | 
| 42 | exempt from the tax imposed by this chapter are sales or leases | 
| 43 | to nonprofit organizations that are incorporated under chapter | 
| 44 | 617 and which are treated, for federal income tax purposes, as | 
| 45 | cooperatives under subchapter T of the Internal Revenue Code, | 
| 46 | the whosesole purpose of which is to offer laundry supplies and | 
| 47 | services to their members, which members must all be exempt from | 
| 48 | federal income tax pursuant to s. 501(c)(3) of the Internal | 
| 49 | Revenue Code. The provision of limited laundry supplies and | 
| 50 | services to nonmembers pursuant to a written emergency plan of | 
| 51 | operation shall not invalidate or cause the denial of a | 
| 52 | consumer's certificate of exemption as required by this | 
| 53 | subsection. Any member that changes its Internal Revenue Code s. | 
| 54 | 501(c)(3) status or ownership status shall divest, within 30 | 
| 55 | days after such change, all interest or participation in the | 
| 56 | nonprofit cooperative hospital laundry. | 
| 57 | Section 2.  This act shall take effect upon becoming a law. |