Senate Bill sb0474

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    Florida Senate - 2003                                   SB 474

    By Senator Cowin





    20-403-03

  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,

  5         certain books, and school supplies shall be

  6         exempt from such tax; defining the terms

  7         "clothing" and "school supplies" for purposes

  8         of the exemption; providing that the exemption

  9         does not apply to sales within certain theme

10         parks, entertainment complexes, public lodging

11         establishments, or airports; providing

12         requirements with respect to proof of Florida

13         residency; providing for rules; providing an

14         appropriation; providing an 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  retail books, wallets, or bags, including handbags, backpacks,

23  fanny packs, and diaper bags, but excluding briefcases,

24  suitcases, and other garment bags, having a selling price of

25  $50 or less during the period from 12:01 a.m., July 27, 2003,

26  through midnight, August 4, 2003.

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 - 2003                                   SB 474
    20-403-03




 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, 2003, through midnight,

20  August 4, 2003.

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 - 2003                                   SB 474
    20-403-03




 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, retail books, and school supplies is to be
      exempt from the tax on sales, use, and other
18    transactions. Defines the terms "clothing" and "school
      supplies" for purposes of the exemption. Provides that
19    the exemption does not apply to sales within certain
      theme parks, entertainment complexes, public lodging
20    establishments, or airports. Provides requirements with
      respect to proof of Florida residency. Provides for
21    rulemaking. Provides an appropriation.

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