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The Committee on Finance and Tax (Deutch) recommended the

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following amendment:

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     Senate Amendment (with title amendments)

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     Between line(s) 7-8

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insert:

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     Section 1.  Paragraph (g) of subsection (1) of section

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212.05, Florida Statutes, is amended to read:

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     212.05  Sales, storage, use tax.--It is hereby declared to

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be the legislative intent that every person is exercising a

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taxable privilege who engages in the business of selling tangible

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personal property at retail in this state, including the business

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of making mail order sales, or who rents or furnishes any of the

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things or services taxable under this chapter, or who stores for

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use or consumption in this state any item or article of tangible

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personal property as defined herein and who leases or rents such

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property within the state.

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     (1)  For the exercise of such privilege, a tax is levied on

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each taxable transaction or incident, which tax is due and

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payable as follows:

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     (g)1. At the rate of 6 percent on the retail price of

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newspapers and magazines sold or used in Florida.

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     2. Notwithstanding other provisions of this chapter,

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inserts of printed materials which are distributed with a

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newspaper or magazine are a component part of the newspaper or

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magazine, and neither the sale nor use of such inserts is subject

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to tax when:

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     a. Printed by a newspaper or magazine publisher or

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commercial printer and distributed as a component part of a

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newspaper or magazine, which means that the items after being

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printed are delivered directly to a newspaper or magazine

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publisher by the printer for inclusion in editions of the

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distributed newspaper or magazine;

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     b. Such publications are labeled as part of the designated

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newspaper or magazine publication into which they are to be

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inserted; and

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     c. The purchaser of the insert presents a resale

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certificate to the vendor stating that the inserts are to be

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distributed as a component part of a newspaper or magazine.

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

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And the title is amended as follows:

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     On line(s) 3, after the first semicolon,

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insert:

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amending s. 212.05, F.S.; deleting the tax exemption for

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certain newspaper and magazine inserts;

4/1/2008  7:57:00 AM     30-06173-08