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 and school |
5 | supplies are exempt from the tax; providing definitions; |
6 | providing exceptions; providing an effective date. |
7 |
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8 | Be It Enacted by the Legislature of the State of Florida: |
9 |
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10 | Section 1. Paragraph (ggg) is added to subsection (7) of |
11 | section 212.08, Florida Statutes, to read: |
12 | 212.08 Sales, rental, use, consumption, distribution, and |
13 | storage tax; specified exemptions.-The sale at retail, the |
14 | rental, the use, the consumption, the distribution, and the |
15 | storage to be used or consumed in this state of the following |
16 | are hereby specifically exempt from the tax imposed by this |
17 | chapter. |
18 | (7) MISCELLANEOUS EXEMPTIONS.-Exemptions provided to any |
19 | entity by this chapter do not inure to any transaction that is |
20 | otherwise taxable under this chapter when payment is made by a |
21 | representative or employee of the entity by any means, |
22 | including, but not limited to, cash, check, or credit card, even |
23 | when that representative or employee is subsequently reimbursed |
24 | by the entity. In addition, exemptions provided to any entity by |
25 | this subsection do not inure to any transaction that is |
26 | otherwise taxable under this chapter unless the entity has |
27 | obtained a sales tax exemption certificate from the department |
28 | or the entity obtains or provides other documentation as |
29 | required by the department. Eligible purchases or leases made |
30 | with such a certificate must be in strict compliance with this |
31 | subsection and departmental rules, and any person who makes an |
32 | exempt purchase with a certificate that is not in strict |
33 | compliance with this subsection and the rules is liable for and |
34 | shall pay the tax. The department may adopt rules to administer |
35 | this subsection. |
36 | (ggg) Clothing and school supplies.- |
37 | 1. The tax levied under this chapter may not be collected |
38 | each year during the 10-day period beginning at 12:01 a.m. on |
39 | Friday after the second Thursday of August and ending 10 days |
40 | later at 11:59 p.m. on Sunday, on sales of: |
41 | a. Clothing, wallets, or bags, including handbags, |
42 | backpacks, fanny packs, and diaper bags, but excluding |
43 | briefcases, suitcases, and other garment bags, having a sales |
44 | price of $100 or less per item. As used in this sub- |
45 | subparagraph, the term "clothing" means any article of wearing |
46 | apparel, including all footwear, except skis, swim fins, roller |
47 | blades, and skates, intended to be worn on or about the human |
48 | body. For purposes of this sub-subparagraph, the term "clothing" |
49 | does not include watches, watchbands, jewelry, umbrellas, or |
50 | handkerchiefs. |
51 | b. School supplies having a sales price of $10 or less per |
52 | item. As used in this sub-subparagraph, the term "school |
53 | supplies" means pens, pencils, erasers, crayons, notebooks, |
54 | notebook filler paper, legal pads, binders, lunch boxes, |
55 | construction paper, markers, folders, poster board, composition |
56 | books, poster paper, scissors, cellophane tape, glue, paste, |
57 | rulers, computer disks, protractors, compasses, and calculators. |
58 | 2. This paragraph does not apply to sales within a theme |
59 | park or entertainment complex as defined in s. 509.013(9), |
60 | within a public lodging establishment as defined in s. |
61 | 509.013(4), or within an airport as defined in s. 330.27(2). |
62 | Section 2. This act shall take effect upon becoming a law. |