Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1840
       
       
       
       
       
       
                                Barcode 912954                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/16/2009 03:24 PM       .                                
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       Senator Crist moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Delete lines 433 - 527
    5  and insert:
    6         210.1801 Administration of Indian-stamped cigarettes and
    7  other tobacco products;
    8         (1) Agents or wholesale dealers may sell stamped but
    9  untaxed cigarettes to the Seminole Indian Tribe of Florida, or
   10  to members thereof, and to the Miccosukee Tribe of Florida
   11  Indians, or to members thereof, for retail sale. Agents or
   12  wholesale dealers shall treat such cigarettes and the sale
   13  thereof in a fashion that distinguishes these cigarettes from
   14  those distributed or sold to nontribal members or entities by
   15  affixing a stamp that indicates the cigarettes as Indian
   16  cigarettes, and agents or wholesale dealers shall not collect
   17  from the purchaser the tax imposed by s. 210.02 or the surcharge
   18  impose by s. 210.011. The purchaser is responsible to the agent
   19  or wholesale dealer for the services and expenses incurred in
   20  affixing the stamps and accounting thereof.
   21         (2) Agents or wholesale dealers may sell stamped but
   22  untaxed tobacco products as defined by s. 210.25(11) to the
   23  Seminole Indian Tribe of Florida, or to members thereof, and to
   24  the Miccosukee Tribe of Florida Indians, or to members thereof,
   25  for retail sale. Agents or wholesale dealers shall treat such
   26  tobacco products and the sale thereof in a fashion that
   27  distinguishes these tobacco products from those distributed or
   28  sold to persons who are not tribal members or entities by
   29  affixing a stamp that indicates the cigarettes as Indian
   30  cigarettes and the tobacco products as Indian tobacco products,
   31  and agents or wholesale dealers shall not collect from the
   32  purchaser the tax imposed by s. 210.02 or s. 210.30, or the
   33  surcharge imposed by s. 210.011 or s. 210.211. Such stamps shall
   34  identify the tribe, or member thereof, to which the cigarettes
   35  are sold by the agent or wholesale dealer. The purchaser is
   36  responsible to the agent or wholesale dealer for the services
   37  and expenses incurred in affixing the stamps and accounting
   38  thereof.
   39         (3) For purposes of this chapter, cigarettes stamped in a
   40  fashion that indicates them to be Indian cigarettes shall be
   41  known as “Indian cigarettes” and tobacco products that are
   42  stamped in a fashion that indicates the products to be Indian
   43  tobacco products shall be known as “Indian tobacco products.”
   44         Section 11. This act shall take effect July 1, 2009.
   45  
   46  ================= T I T L E  A M E N D M E N T ================
   47         And the title is amended as follows:
   48         Delete lines 58 - 69
   49  and insert:
   50         Indians for retail sale; prohibiting an agent or
   51         wholesale dealer from collecting from the purchaser
   52         certain taxes or surcharges imposed by law; requiring
   53         that cigarette and other tobacco product stamps
   54         identify the tribe, or member thereof, to which the
   55         cigarettes are sold for retail sale;