HB 597

1
A bill to be entitled
2An act relating to the tax on sales, use, and other
3transactions; specifying a period each year during which
4sales of books, clothing, school supplies, and certain
5personal computers and personal computer-related
6accessories are exempt from the tax; specifying a period
7each year during which sales of certain energy-efficient
8products are exempt from the tax; providing definitions;
9providing exceptions; authorizing the Department of
10Revenue to adopt rules; providing an appropriation;
11providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  (1)  No tax levied under the provisions of
16chapter 212, Florida Statutes, shall be collected on the sale
17of:
18     (a)1.  Books, clothing, wallets, or bags, including
19handbags, backpacks, fanny packs, and diaper bags, but excluding
20briefcases, suitcases, and other garment bags, having a sales
21price of $100 or less per item during the 10-day period
22beginning at 12:01 a.m. on the first Saturday in August each
23year.
24     2.  As used in this paragraph, the term:
25     a.  "Book" means a set of printed sheets bound together and
26published in a volume. For purposes of this paragraph, the term
27"book" does not include newspapers, magazines, or other
28periodicals.
29     b.  "Clothing" means any article of wearing apparel,
30including all footwear, except skis, swim fins, roller blades,
31and skates, intended to be worn on or about the human body. For
32purposes of this paragraph, the term "clothing" does not include
33watches, watchbands, jewelry, umbrellas, or handkerchiefs.
34
35     (b)1.  School supplies having a sales price of $20 or less
36per item purchased for noncommercial purposes during the 10-day
37period beginning at 12:01 a.m. on the first Saturday in August
38each year.
39     2.  As used in this paragraph, the term "school supplies"
40means supplies used in the classroom or for classroom-related
41activities, including, but not limited to, homework, and
42including pens, pencils, erasers, crayons, notebooks, notebook
43filler paper, legal pads, composition books, poster paper,
44scissors, cellophane tape, glue or paste, rulers, computer
45disks, protractors, compasses, and calculators.
46     (c)1.  Personal computers and personal computer-related
47accessories having a total combined single sales price of $1,500
48or less purchased for noncommercial home or personal use during
49the 10-day period beginning at 12:01 a.m. on the first Saturday
50in August each year.
51     2.  As used in this paragraph, the term "personal computers
52and personal computer-related accessories" means personal
53computers and personal computer-related accessories, including,
54but not limited to, personal computer base units and keyboards,
55personal digital assistants, handheld computers, monitors,
56peripheral devices, modems for Internet and network access, and
57nonrecreational software, whether or not used in association
58with the personal computer base unit. The term does not include
59furniture and any systems, devices, software, or peripherals
60designed or intended primarily for recreational use.
61     (d)1.  Energy-efficient products with a sales price of
62$1,500 or less per product purchased for noncommercial home or
63personal use during the 4-day period beginning at 12:01 a.m. on
64the first Thursday in October each year.
65     2.  As used in this paragraph, the term "energy-efficient
66product" means any dishwasher, clothes washer, air conditioner,
67ceiling fan, fluorescent light bulb, dehumidifier, programmable
68thermostat, refrigerator, door, or window the energy efficiency
69of which has been designated by the United States Environmental
70Protection Agency and the United States Department of Energy as
71meeting or exceeding each such agency's energy saving efficiency
72requirements or which have been designated as meeting or
73exceeding such requirements under each such agency's Energy Star
74Program.
75     (2)  This section does not apply to rentals, to purchases
76for trade, business, or resale, or to sales within a theme park
77or entertainment complex as defined in s. 509.013(9), Florida
78Statutes, within a public lodging establishment as defined in s.
79509.013(4), Florida Statutes, or within an airport as defined in
80s. 330.27(2), Florida Statutes.
81     (3)  Notwithstanding chapter 120, Florida Statutes, the
82Department of Revenue may adopt rules to carry out this section.
83     Section 2.  For fiscal year 2010-2011, the sum of $XXX,XXX
84is appropriated from the General Revenue Fund to the Department
85of Revenue for purposes of administering section 1.
86     Section 3.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.