House Bill hb0085C

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    Florida House of Representatives - 2001                HB 85-C

        By Representative Wallace






  1                      A bill to be entitled

  2         An act relating to a national sales tax

  3         holiday; providing a definition; providing for

  4         exemptions from the tax on sales, use, and

  5         other transactions imposed under ch. 212, F.S.,

  6         in accordance with federal legislation which

  7         provides for reimbursement to the states for

  8         the loss of revenue from exemptions for sales

  9         that take place during a specified period;

10         providing duties of the Governor and the

11         executive director of the Department of

12         Revenue; providing for emergency rules;

13         providing for expiration; providing an

14         effective date.

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16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Participation in national sales tax

19  holiday.--

20         (1)  As used in this section, "federal sales tax

21  holiday act" means federal legislation which provides for 100

22  percent reimbursement from the Federal Government to the

23  states for the loss of revenue from a tax exemption for sales

24  that take place during a period of time specified in the

25  federal legislation, and which also provides for reimbursement

26  for administrative costs incurred by the states in

27  implementing such sales tax exemption.

28         (2)  There shall be exempt from the tax on sales, use,

29  and other transactions imposed under chapter 212, Florida

30  Statutes, those items of tangible personal property or other

31  transactions which are exempted under the federal sales tax

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    Florida House of Representatives - 2001                HB 85-C

    567-181-01C






  1  holiday act, for the period of time specified in that act, if

  2  the Governor notifies the United States Secretary of the

  3  Treasury of Florida's intention to qualify for reimbursement

  4  for such exemption under subsection (4).  These exemptions

  5  shall be applied in the manner specified in the federal sales

  6  tax holiday act.

  7         (3)  All dealers registered under chapter 212, Florida

  8  Statutes, shall report sales subject to exemption under this

  9  section in accordance with the requirements of said chapter

10  and rules adopted by the Department of Revenue.

11         (4)  Not later than the date specified in the federal

12  sales tax holiday act, the Governor shall notify the United

13  States Secretary of the Treasury in writing of Florida's

14  intention to qualify for reimbursement under that act by not

15  collecting applicable taxes on sales, use, and other

16  transactions under chapter 212, Florida Statutes, during the

17  sales tax holiday period specified in that act.  However, if

18  the executive director of the Department of Revenue determines

19  that it is not feasible to administer the sales tax holiday as

20  specified in the federal sales tax holiday act, he or she

21  shall notify the Governor and the Governor may decline to so

22  notify the United States Secretary of the Treasury.

23         (5)  The executive director of the Department of

24  Revenue is authorized to adopt emergency rules under ss.

25  120.536(1) and 120.54, Florida Statutes, to implement this

26  section.

27         (6)  This section expires on January 31, 2002.

28         Section 2.  This act shall take effect upon becoming a

29  law.

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    Florida House of Representatives - 2001                HB 85-C

    567-181-01C






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  2                          HOUSE SUMMARY

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      Provides for participation by the State of Florida in a
  4    national sales tax holiday if federal legislation is
      adopted which provides for reimbursement to the states
  5    for revenue lost from sales tax exemptions on sales that
      take place during a period of time specified in the
  6    federal legislation.

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