HB 0137 2003
   
1 A bill to be entitled
2         An act relating to the tax on sales, use, and other
3   transactions; amending s. 212.08, F.S.; specifying a
4   period each year during which sales of clothing, certain
5   other items, and school supplies are exempt from such tax;
6   making the exemption contingent upon funding in the
7   General Appropriations Act; providing definitions;
8   providing exceptions; providing for rules; providing an
9   effective date.
10         
11         Be It Enacted by the Legislature of the State of Florida:
12         
13         Section 1. Subsection (18) is added to section 212.08,
14   Florida Statutes, to read:
15         212.08 Sales, rental, use, consumption, distribution, and
16   storage tax; specified exemptions.--The sale at retail, the
17   rental, the use, the consumption, the distribution, and the
18   storage to be used or consumed in this state of the following
19   are hereby specifically exempt from the tax imposed by this
20   chapter.
21         (18) PARTIAL EXEMPTION; CLOTHING AND SCHOOL SUPPLIES.--
22         (a) Contingent upon funding by the Legislature in the
23   General Appropriations Act each year, there are exempt from the
24   taxes imposed by this chapter, during a 2 to 9-day period in
25   August of each year as designated by implementing language in
26   the General Appropriations Act each year, sales of:
27         1. Clothing, wallets, or bags, including handbags,
28   backpacks, fanny packs, and diaper bags, but excluding
29   briefcases, suitcases, and other garment bags, having a selling
30   price of $50 or less. As used in this subparagraph, "clothing"
31   means any article of wearing apparel, including all footwear,
32   except skis, swim fins, roller blades, and skates, intended to
33   be worn on or about the human body. For purposes of this
34   subparagraph, "clothing" does not include watches, watchbands,
35   jewelry, umbrellas, or handkerchiefs.
36         2. School supplies having a selling price of $10 per item
37   or less. As used in this subparagraph, the term "school
38   supplies" includes pens, pencils, erasers, crayons, notebooks,
39   notebook filler paper, legal pads, composition books, poster
40   paper, scissors, tape, glue or paste, rulers, computer discs,
41   protractors, compasses, calculators, and any books or text books
42   which are designed to be used by children in kindergarten
43   through third grade.
44         
45         This paragraph does not apply to sales within a theme park or
46   entertainment complex as defined in s. 509.013(9), within a
47   public lodging establishment as defined in s. 509.013(4), or
48   within an airport as defined in s. 330.27(2).
49         (b) The Department of Revenue shall adopt rules pursuant
50   to chapter 120 to implement this subsection.
51 Section 2. This act shall take effect upon becoming a law.
52