Florida Senate - 2016 SB 608 By Senator Stargel 15-00550A-16 2016608__ 1 A bill to be entitled 2 An act relating to emergency preparedness and 3 response; providing a sales and use tax exemption for 4 certain tangible personal property related to disaster 5 preparedness during a specified period; providing 6 exceptions; authorizing the Department of Revenue to 7 adopt rules to implement the exemption; providing an 8 expiration date; providing an appropriation; creating 9 s. 252.359, F.S.; directing the Division of Emergency 10 Management to create a statewide system to facilitate 11 transport of essentials in an emergency throughout the 12 state; defining the term “essentials”; directing the 13 division to create a certification system for certain 14 persons facilitating the transport or distribution of 15 essentials or who assist in restoring utility 16 services; providing requirements and conditions for 17 the certification system; permitting certain 18 activities by certified persons during a curfew; 19 providing that a law enforcement officer may specify a 20 permissible route of ingress or egress for a certified 21 person; providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Disaster preparedness tax exemption.— 26 (1) The tax levied under chapter 212, Florida Statutes, may 27 not be collected during the period from 12 a.m. on May 31, 2016, 28 through 11:59 p.m. on June 14, 2016, on the sale of: 29 (a) A portable self-powered light source selling for $20 or 30 less. 31 (b) A portable self-powered radio, two-way radio, or 32 weather band radio selling for $75 or less. 33 (c) A tarpaulin or other flexible waterproof sheeting 34 selling for $50 or less. 35 (d) An item typically sold or advertised as a ground anchor 36 system or tie-down kit selling for $50 or less. 37 (e) A gas or diesel fuel tank selling for $25 or less. 38 (f) A package of AAA-cell, AA-cell, C-cell, D-cell, 6-volt, 39 or 9-volt batteries, excluding automobile and boat batteries, 40 selling for $30 or less. 41 (g) A cellular telephone battery selling for $60 or less. 42 (h) A cellular telephone charger selling for $40 or less. 43 (i) A nonelectric food storage cooler selling for $30 or 44 less. 45 (j) A portable generator that is used to provide light, 46 support communications, or preserve food during a power outage 47 and selling for $1,000 or less. 48 (k) A storm shutter device selling for $200 or less. As 49 used in this paragraph, the term “storm shutter device” means a 50 material or product manufactured, rated, and marketed 51 specifically for the purpose of preventing window damage from 52 storms. 53 (l) A carbon monoxide detector selling for $75 or less. 54 (m) Reusable ice selling for $10 or less. 55 (n) A single product consisting of two or more of the items 56 listed in paragraphs (a)-(m) and selling for $75 or less. 57 (o) A personal locator beacon selling for $600 or less. 58 (p) An emergency position-indicating radio beacon selling 59 for $1,500 or less. 60 (2) The tax exemptions provided in this section do not 61 apply to sales within a public lodging establishment as defined 62 in s. 509.013(4), Florida Statutes, within a theme park or 63 entertainment complex as defined in s. 509.013(9), Florida 64 Statutes, or within an airport as defined in s. 330.27(2), 65 Florida Statutes. 66 (3) The Department of Revenue may adopt rules to implement 67 this section. 68 (4) This section expires September 30, 2016. 69 Section 2. For the 2016-2017 fiscal year, the sum of $____ 70 in nonrecurring funds is appropriated from the General Revenue 71 Fund to the Department of Revenue for purposes of administering 72 the tax exemptions for the purchase of tangible personal 73 property relating to disaster preparedness specified under this 74 act. 75 Section 3. Section 252.359, Florida Statutes, is created to 76 read: 77 252.359 Ensuring availability of emergency supplies.— 78 (1) In order to meet the needs of residents affected by a 79 declared emergency and to ensure the continuing economic 80 resilience of communities impacted by disaster, the Division of 81 Emergency Management shall establish a statewide system to 82 facilitate transport of essentials throughout the state. 83 (2) As used in this section, the term “essentials” means 84 any goods that are consumed or used as a direct result of an 85 emergency or that are consumed or used to preserve, protect, or 86 sustain life, health, safety, or economic well-being. 87 (3) The division shall develop a system to certify a person 88 who transports essentials in commerce, who assists in ensuring 89 the availability of essentials, or who assists in restoring 90 utility services, subject to the following: 91 (a) The system must allow for both preemergency declaration 92 and postemergency declaration certification and may include an 93 annually renewable precertification. 94 (b) The division may certify only a person who routinely 95 transports or distributes essentials or assists in restoring 96 utility services. 97 (c) A certification of the employer constitutes a 98 certification of the employer’s employees. 99 (d) The division shall create an easily recognizable 100 indicium of certification to assist local officials’ efforts to 101 determine which persons have been certified under this 102 subsection. 103 (e) A person certified by the division is not required to 104 obtain any additional certification or fulfill any additional 105 requirement in order to transport or distribute essentials or 106 assist in restoring utility services. 107 (4) Notwithstanding any curfew, a person certified under 108 subsection (3) is permitted to enter or remain in the curfew 109 area for the limited purpose of distributing or assisting in the 110 distribution of essentials or assisting in restoring utility 111 services and is permitted to provide service that exceeds 112 otherwise applicable hours of service maximums to the extent 113 authorized by a duly executed declaration of a state of 114 emergency. 115 (5) This section does not prohibit a law enforcement 116 officer from specifying the permissible route of ingress or 117 egress for a person certified under subsection (3). 118 Section 4. This act shall take effect upon becoming a law.