Senate Bill sb0058E

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    Florida Senate - 2002                                  SB 58-E

    By Senator Cowin





    11-2393-02

  1                      A bill to be entitled

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

  3         other transactions; specifying a period during

  4         which the sale of clothing, wallets, bags, and

  5         school supplies shall be exempt from such tax;

  6         defining the terms "clothing" and "school

  7         supplies" for purposes of the exemption;

  8         providing that the exemption does not apply to

  9         sales within certain theme parks, entertainment

10         complexes, public lodging establishments, or

11         airports; providing requirements with respect

12         to proof of Florida residency; providing for

13         rules; providing an appropriation; providing an

14         effective date.

15  

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

17  

18         Section 1.  This act may be cited as the "Florida

19  Residents' Tax Relief Act."

20         Section 2.  (1)  A tax levied under chapter 212,

21  Florida Statutes, may not be collected on sales of clothing,

22  wallets, or bags, including handbags, backpacks, fanny packs,

23  and diaper bags, but excluding briefcases, suitcases, and

24  other garment bags, having a selling price of $50 or less

25  during the period from 12:01 a.m., July 27, 2002, through

26  midnight, August 4, 2002.

27         (2)  As used in this section, the term "clothing" means

28  any article of wearing apparel, including all footwear except

29  skis, swim fins, roller blades, and skates, intended to be

30  worn on or about the human body. For purposes of this section,

31  

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    Florida Senate - 2002                                  SB 58-E
    11-2393-02




 1  the term "clothing" does not include watches, watchbands,

 2  jewelry, umbrellas, or handkerchiefs.

 3         (3)  This section does not apply to sales within a

 4  theme park or entertainment complex as defined in section

 5  509.013(9), Florida Statutes, within a public lodging

 6  establishment as defined in section 509.013(4), Florida

 7  Statutes, or within an airport as defined in section

 8  330.27(2), Florida Statutes.

 9         (4)  In order to receive the tax benefit provided for

10  in this section, the purchaser must provide proof of Florida

11  residency by production of a Florida driver's license or

12  Florida identification card.

13         (5)  The provisions of chapter 120, Florida Statutes,

14  to the contrary notwithstanding, the Department of Revenue may

15  adopt rules to carry out this section.

16         Section 3.  (1)  A tax levied under chapter 212,

17  Florida Statutes, may not be collected on sales of school

18  supplies having a selling price of $10 per item or less during

19  the period from 12:01 a.m., July 27, 2002, through midnight,

20  August 4, 2002.

21         (2)  As used in this section, the term "school

22  supplies" includes pens, pencils, erasers, crayons, notebooks,

23  notebook filler paper, legal pads, composition books, poster

24  paper, scissors, tape, glue or paste, rulers, computer discs,

25  protractors, compasses, and calculators.

26         (3)  This section does not apply to sales within a

27  theme park or entertainment complex as defined in section

28  509.013(9), Florida Statutes, within a public lodging

29  establishment as defined in section 509.013(4), Florida

30  Statutes, or within an airport as defined in section

31  330.27(2), Florida Statutes.

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    Florida Senate - 2002                                  SB 58-E
    11-2393-02




 1         (4)  In order to receive the tax benefit provided for

 2  in this section, the purchaser must provide proof of Florida

 3  residency by production of a Florida driver's license or

 4  Florida identification card.

 5         (5)  The provisions of chapter 120, Florida Statutes,

 6  to the contrary notwithstanding, the Department of Revenue may

 7  adopt rules to carry out this section.

 8         Section 4.  The sum of $200,000 is appropriated from

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

10  purpose of administering this act.

11         Section 5.  This act shall take effect upon becoming a

12  law.

13  

14            *****************************************

15                          SENATE SUMMARY

16    Creates the "Florida Residents' Tax Relief Act."
      Specifies a period during which the sale of clothing,
17    wallets, bags, and school supplies is to be exempt from
      the tax on sales, use, and other transactions. Defines
18    the terms "clothing" and "school supplies" for purposes
      of the exemption. Provides that the exemption does not
19    apply to sales within certain theme parks, entertainment
      complexes, public lodging establishments, or airports.
20    Provides requirements with respect to proof of Florida
      residency. Provides for rulemaking. Provides an
21    appropriation.

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