House Bill hb0019Ee1

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                                          HB 19-E, First Engrossed



  1                      A bill to be entitled

  2         An act relating to the tax on sales, use, and

  3         other transactions; providing a short title;

  4         specifying a period during which the sale of

  5         clothing, certain other items, and school

  6         supplies shall be exempt from such tax;

  7         providing definitions; providing exceptions;

  8         providing for rules; providing an

  9         appropriation; providing for contingent effect;

10         providing duties of the Revenue Estimating

11         Conference under certain circumstances;

12         providing an effective date.

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

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16         Section 1.  (1)  This act may be cited as the "Florida

17  Residents' Tax Relief Act of 2002."

18         (2)  Any tax levied under the provisions of chapter

19  212, Florida Statutes, shall not be collected on sales of:

20         (a)  Clothing, wallets, or bags, including handbags,

21  backpacks, fanny packs, and diaper bags, but excluding

22  briefcases, suitcases, and other garment bags, having a

23  selling price of $50 or less, during the period from 12:01

24  a.m., October 26, 2002, through midnight, November 3, 2002. As

25  used in this paragraph, "clothing" means any article of

26  wearing apparel, including all footwear, except skis, swim

27  fins, roller blades, and skates, intended to be worn on or

28  about the human body. For purposes of this paragraph,

29  "clothing" does not include watches, watchbands, jewelry,

30  umbrellas, or handkerchiefs.

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                                          HB 19-E, First Engrossed



  1         (b)  School supplies having a selling price of $10 per

  2  item or less during the period from 12:01 a.m., October 26,

  3  2002, through midnight, November 3, 2002. As used in this

  4  paragraph, the term "school supplies" includes pens, pencils,

  5  erasers, crayons, notebooks, notebook filler paper, legal

  6  pads, composition books, poster paper, scissors, tape, glue or

  7  paste, rulers, computer discs, protractors, compasses, and

  8  calculators.

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10  This subsection does not apply to sales within a theme park or

11  entertainment complex as defined in s. 509.013(9), Florida

12  Statutes, within a public lodging establishment as defined in

13  s. 509.013(4), Florida Statutes, or within an airport as

14  defined in s. 330.27(2), Florida Statutes.

15         (3)  Notwithstanding the provisions of chapter 120,

16  Florida Statutes, the Department of Revenue may adopt rules to

17  carry out this section.

18         Section 2.  The sum of $200,000 is appropriated from

19  the General Revenue Fund to the Department of Revenue for the

20  purpose of administering this act.

21         Section 3.  (1)  The provisions of sections 1 and 2 are

22  contingent upon the estimated unencumbered combined balances

23  in the General Revenue Fund and the Working Capital Fund

24  exceeding $180 million as of June 30, 2003, as determined by

25  the Revenue Estimating Conference and shown on the Financial

26  Outlook Statement for Combined General Revenue and Working

27  Capital Funds for Fiscal Year 2002-2003, reflecting the

28  results of Special Session 2002-E and the Governor's vetoes.

29         (2)  If the combined balances estimated pursuant to

30  subsection (1) are less than $180 million, the Revenue

31  Estimating Conference shall adjust, no later than September 4,


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                                          HB 19-E, First Engrossed



  1  2002, the estimated unencumbered balances in the General

  2  Revenue Fund and the Working Capital Fund as of June 30, 2003,

  3  to reflect actual revenue collections and unused

  4  appropriations for fiscal year 2001-2002. If the combined

  5  General Revenue Fund and Working Capital Fund balances as

  6  adjusted exceed $180 million, the provisions of sections 1 and

  7  2 shall take effect.

  8         Section 4.  This act shall take effect upon becoming a

  9  law.

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CODING: Words stricken are deletions; words underlined are additions.