Florida Senate - 2018                                     SB 816
       
       
        
       By Senator Powell
       
       
       
       
       
       30-00983-18                                            2018816__
    1                        A bill to be entitled                      
    2         An act relating to an annual sales tax holiday for
    3         veterans of the United States Armed Forces; providing
    4         an annual sales tax holiday for veterans; specifying
    5         items that are eligible for the sales tax holiday;
    6         defining the term “veteran” for purposes of the sales
    7         tax holiday; requiring veterans to show proof of
    8         military status at the time of purchasing eligible
    9         items; specifying conditions for the tax-exempt status
   10         of layaways, exchanges, and Internet sales; specifying
   11         reporting requirements for retailers; authorizing the
   12         Department of Revenue to adopt emergency rules;
   13         providing for future repeal of the department’s
   14         emergency rulemaking authority; providing an effective
   15         date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Sales tax holiday for veterans of the United
   20  States Armed Forces.—
   21         (1)The tax levied under chapter 212, Florida Statutes, may
   22  not be collected from a veteran during the period from 12:01
   23  a.m. on November 1 through 11:59 p.m. on December 31, annually,
   24  on the retail sale, as defined in s. 212.02(14), Florida
   25  Statutes, of:
   26         (a)Clothing with a sales price of $100 or less per item.
   27  As used in this paragraph, the term “clothing” means:
   28         1.Any article of wearing apparel intended to be worn on or
   29  about the human body, excluding watches, watchbands, jewelry,
   30  umbrellas, and handkerchiefs; and
   31         2.All footwear, excluding skis, swim fins, roller blades,
   32  and skates.
   33         (b)Personal computers with a sales price of $1,500 or less
   34  per item. As used in this paragraph, the term “personal
   35  computers” includes electronic book readers, laptops, desktops,
   36  handhelds, tablets, or tower computers. The term does not
   37  include cellular telephones, video game consoles, digital media
   38  receivers, or devices that are not primarily designed to process
   39  data.
   40         (c)Books with a sales price of $50 or less per item. As
   41  used in this paragraph, the term “books” includes textbooks or
   42  other instructional materials, in printed or digital format,
   43  used for educational purposes.
   44         (d)Sports, fitness, and recreational equipment with a
   45  sales price of $100 or less per item.
   46         (e)Televisions with a sales price of $1,000 or less per
   47  item.
   48         (f)Game tables and billiard tables, and accessories
   49  thereof, with a sales price of $500 or less per item.
   50         (2)Notwithstanding any action by the United States
   51  Department of Veterans Affairs relating to dishonorable
   52  discharges or releases, the term “veteran” means a person who
   53  served in the active military, naval, or air service who was
   54  honorably discharged or released or who later received an
   55  upgraded honorable discharge or release. To be eligible for the
   56  sales tax holiday, a veteran must show proof of military status
   57  at the time he or she purchases an eligible item.
   58         (3)Eligible items placed on layaway during the sales tax
   59  holiday are tax-exempt even if final payment of the layaway is
   60  made after the holiday period. All mail order, catalog, or
   61  Internet sales of eligible items during the sales tax holiday
   62  are tax-exempt if the order is accepted during the holiday
   63  period for immediate shipment, even if the item is delivered
   64  after the holiday period. If a veteran purchases a tax-exempt
   65  item during the holiday period and exchanges it for the same
   66  type of item, such as an exchange for a different size or color,
   67  after the holiday period expires, no tax is due.
   68         (4)A retailer making tax-exempt sales under this section
   69  shall report to the Department of Revenue the amount of its
   70  gross sales on the retailer’s sales and use tax return.
   71         (5)The Department of Revenue may, and all conditions are
   72  deemed met to, adopt emergency rules pursuant to ss. 120.536(1)
   73  and 120.54, Florida Statutes, to administer this section. This
   74  subsection is repealed on June 30, 2019.
   75         Section 2. This act shall take effect July 1, 2018.