Senate Bill sb0244

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    Florida Senate - 2004                                   SB 244

    By Senator Cowin





    20-243-04

  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 for

12         rules; providing an appropriation; providing an

13         effective date.

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

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

18  Residents' Tax Relief Act."

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

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

21  retail books, wallets, or bags, including handbags, backpacks,

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

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

24  $100 or less during the period from 12:01 a.m., July 25, 2004,

25  through midnight, August 2, 2004.

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

27  any article of wearing apparel, including all footwear except

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

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

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

31  jewelry, umbrellas, or handkerchiefs.

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    Florida Senate - 2004                                   SB 244
    20-243-04




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

 2  theme park or entertainment complex as defined in section

 3  509.013(9), Florida Statutes, within a public lodging

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

 5  Statutes, or within an airport as defined in section

 6  330.27(2), Florida Statutes.

 7         (4)  Notwithstanding the provisions of chapter 120,

 8  Florida Statutes, to the contrary, the Department of Revenue

 9  may adopt rules to carry out this section.

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

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

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

13  the period from 12:01 a.m., July 25, 2004, through midnight,

14  August 2, 2004.

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

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

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

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

19  protractors, compasses, and calculators.

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

21  theme park or entertainment complex as defined in section

22  509.013(9), Florida Statutes, within a public lodging

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

24  Statutes, or within an airport as defined in section

25  330.27(2), Florida Statutes.

26         (4)  Notwithstanding the provisions of chapter 120,

27  Florida Statutes, to the contrary notwithstanding, the

28  Department of Revenue may adopt rules to carry out this

29  section.

30  

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    Florida Senate - 2004                                   SB 244
    20-243-04




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

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

 3  purpose of administering this act.

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

 5  law.

 6  

 7            *****************************************

 8                          SENATE SUMMARY

 9    Creates the "Florida Residents' Tax Relief Act."
      Specifies a period during which the sale of clothing,
10    wallets, bags, retail books, and school supplies is to be
      exempt from the tax on sales, use, and other
11    transactions. Defines the terms "clothing" and "school
      supplies" for purposes of the exemption. Provides that
12    the exemption does not apply to sales within certain
      theme parks, entertainment complexes, public lodging
13    establishments, or airports. Provides for rulemaking.
      Provides an appropriation.
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