| 1 | The Finance & Tax Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to the tax on sales, use, and other |
| 7 | transactions; providing for noncollection of the tax on a |
| 8 | portion of the sales price of certain transactions during |
| 9 | a certain period of time; providing exceptions; |
| 10 | authorizing the Department of Revenue to adopt rules; |
| 11 | providing criteria; providing an appropriation; providing |
| 12 | an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. (1) Except as otherwise provided in this |
| 17 | section, during the period from 12:01 a.m., July 31, 2006, |
| 18 | through midnight, August 6, 2006, the tax levied under the |
| 19 | provisions of chapter 212, Florida Statutes, shall not be |
| 20 | collected on the first $5,000 of the sales price of, or |
| 21 | consideration paid for, any item of tangible personal property, |
| 22 | or admission occurring during the tax-free period, purchased |
| 23 | during the tax-free period by an individual for personal |
| 24 | consumption. This subsection does not apply to purchases made in |
| 25 | the course of conducting business as defined in s. 212.02(2), |
| 26 | Florida Statutes, or by an individual to be used in a business. |
| 27 | (2) The provisions of subsection (1) do not apply to: |
| 28 | (a) Rental car surcharges paid pursuant to s. 212.0606, |
| 29 | Florida Statutes. |
| 30 | (b) Transient rentals tax paid pursuant to s. 212.03, |
| 31 | Florida Statutes. |
| 32 | (c) Tax on rental or license fee for use of real property |
| 33 | paid pursuant to s. 212.031, Florida Statutes. |
| 34 | (d) Tax on the lease or rental of any tangible personal |
| 35 | property. |
| 36 | (e) Sales from vending machines taxed pursuant to s. |
| 37 | 212.0515, Florida Statutes. |
| 38 | (f) All dues and fees paid to private clubs and membership |
| 39 | clubs, as described in s. 212.02(1), Florida Statutes. |
| 40 | (g) Sales of annual admissions, season admissions, or any |
| 41 | admission as described in s. 212.02(1), Florida Statutes, which |
| 42 | is valid for any day prior to July 31, 2006, or after August 6, |
| 43 | 2006. |
| 44 | (h) Occasional or isolated sales of aircrafts, boats, |
| 45 | mobile homes, or motor vehicles as described in s. |
| 46 | 212.05(1)(a)1.b., Florida Statutes, when the title of the |
| 47 | aircraft, boat, mobile home, or motor vehicle is endorsed and |
| 48 | ownership is transferred prior to or after the conclusion of the |
| 49 | tax holiday. |
| 50 | (i) Service warranties taxed pursuant to s. 212.0506, |
| 51 | Florida Statutes. |
| 52 | (j) Charges for the use of coin-operated amusement |
| 53 | machines under s. 212.05(1)(h), Florida Statutes. |
| 54 | (k) Any fees imposed on items of tangible personal |
| 55 | property administered by the Department of Revenue under chapter |
| 56 | 212, Florida Statutes, including, but not limited to, the lead- |
| 57 | acid battery fee and the waste tire fee. However, the provisions |
| 58 | of subsection (1) do apply to the tax applicable to the fees. |
| 59 | (3) Notwithstanding chapter 120, Florida Statutes, the |
| 60 | Department of Revenue may adopt rules to implement and |
| 61 | administer this section. It is the intent of the Legislature |
| 62 | that these rules apply the definitions in chapter 212, Florida |
| 63 | Statutes, and provide a broad sales tax exemption for items |
| 64 | actually purchased during the tax holiday, including, but not |
| 65 | limited to, mail order purchases, layaways, rain checks, and |
| 66 | special orders for which payment in full is made during the tax- |
| 67 | free period. The department is specifically authorized to |
| 68 | develop and adopt rules applying to and including, but not |
| 69 | limited to, multiple items on one invoice, bundled transactions, |
| 70 | coupons and discounts, exchanges, rebates, splitting of items |
| 71 | normally sold together, returns, and erroneously collected |
| 72 | taxes. |
| 73 | (4) The sum of $400,000 is appropriated from the General |
| 74 | Revenue Fund to the Department of Revenue for purposes of |
| 75 | administering this section. |
| 76 | Section 2. This act shall take effect upon becoming a law. |