Senate Bill sb0244c1

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    Florida Senate - 2004                     CS for SB 244 & 1566

    By the Committee on Finance and Taxation; and Senators Cowin,
    Webster and Fasano




    314-2342-04

  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 periods during which the sale of

  5         clothing, wallets, bags, school supplies, and

  6         books shall be exempt from such tax; defining

  7         the terms "clothing," "school supplies," and

  8         "books" for purposes of the exemption;

  9         providing that the exemption does not apply to

10         sales within certain theme parks, entertainment

11         complexes, public lodging establishments, or

12         airports; providing for rules by the Department

13         of Revenue; providing an appropriation;

14         providing an effective date.

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

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

19  Tax Relief Act."

20         Section 2.  (1)  The 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 24, 2004, through

26  midnight, August 1, 2004.

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,

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    Florida Senate - 2004                     CS for SB 244 & 1566
    314-2342-04




 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)  Notwithstanding the provisions of chapter 120,

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

11  may adopt rules to carry out this section.

12         Section 3.  (1)  The tax levied under chapter 212,

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

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

15  the period from 12:01 a.m., July 24, 2004, through midnight,

16  August 1, 2004.

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

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

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

20  paper, scissors, cellophane tape, glue or paste, rulers,

21  protractors, compasses, and calculators.

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

23  theme park or entertainment complex as defined in section

24  509.013(9), Florida Statutes, within a public lodging

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

26  Statutes, or within an airport as defined in section

27  330.27(2), Florida Statutes.

28         (4)  Notwithstanding the provisions of chapter 120,

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

30  may adopt rules to carry out this section.

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    Florida Senate - 2004                     CS for SB 244 & 1566
    314-2342-04




 1         Section 4.  (1)  The tax levied under chapter 212,

 2  Florida Statutes, may not be collected on sales of books

 3  during the period from 12:01 a.m., May 1, 2005, through

 4  midnight, May 31, 2005.

 5         (2)  As used in this section, the term "book" means a

 6  set of printed sheets bound together and published in a

 7  volume. For purposes of this section, the term "book" does not

 8  include newspapers, magazines, or other periodicals.

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

10  theme park or entertainment complex as defined in section

11  509.013(9), Florida Statutes, within a public lodging

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

13  Statutes, or within an airport as defined in section

14  330.27(2), Florida Statutes.

15         (4)  Notwithstanding the provisions of chapter 120,

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

17  may adopt rules to carry out this section.

18         Section 5.  The sum of $400,000 is appropriated from

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

20  purpose of administering this act.

21         Section 6.  This act shall take effect upon becoming a

22  law.

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    Florida Senate - 2004                     CS for SB 244 & 1566
    314-2342-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                        SB 244 and SB 1566

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 4  The committee substitute made the following changes to the
    "Florida Residents' Tax  Relief Act":
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    1.   Changed the name from the "Florida Residents' Tax Relief
 6       Act" to the "Florida Sales Tax Relief Act";

 7  2.   Reduced from $100 to $50, the sales price on clothing,
         wallets, or  bags that can be sold tax-free;
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    3.   Changed the dates of the tax-free holiday from July 25,
 9       2004 through August 2, 2004, to July 24, 2004 through
         August 1, 2004;
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    4.   Removed the sale of retail books from the 9-days of tax
11       free shopping and replaces it with an entire month of
         tax-free shopping on books during the month of May, 2005.
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    5.   Increased from $200,000 to $400,000, the appropriation
13       from the General Revenue Fund to the Department of
         Revenue for the purpose of administering the provisions
14       of the bill.

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