Florida Senate - 2018 SB 816 By Senator Powell 30-00983-18 2018816__ 1 A bill to be entitled 2 An act relating to an annual sales tax holiday for 3 veterans of the United States Armed Forces; providing 4 an annual sales tax holiday for veterans; specifying 5 items that are eligible for the sales tax holiday; 6 defining the term “veteran” for purposes of the sales 7 tax holiday; requiring veterans to show proof of 8 military status at the time of purchasing eligible 9 items; specifying conditions for the tax-exempt status 10 of layaways, exchanges, and Internet sales; specifying 11 reporting requirements for retailers; authorizing the 12 Department of Revenue to adopt emergency rules; 13 providing for future repeal of the department’s 14 emergency rulemaking authority; providing an effective 15 date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Sales tax holiday for veterans of the United 20 States Armed Forces.— 21 (1) The tax levied under chapter 212, Florida Statutes, may 22 not be collected from a veteran during the period from 12:01 23 a.m. on November 1 through 11:59 p.m. on December 31, annually, 24 on the retail sale, as defined in s. 212.02(14), Florida 25 Statutes, of: 26 (a) Clothing with a sales price of $100 or less per item. 27 As used in this paragraph, the term “clothing” means: 28 1. Any article of wearing apparel intended to be worn on or 29 about the human body, excluding watches, watchbands, jewelry, 30 umbrellas, and handkerchiefs; and 31 2. All footwear, excluding skis, swim fins, roller blades, 32 and skates. 33 (b) Personal computers with a sales price of $1,500 or less 34 per item. As used in this paragraph, the term “personal 35 computers” includes electronic book readers, laptops, desktops, 36 handhelds, tablets, or tower computers. The term does not 37 include cellular telephones, video game consoles, digital media 38 receivers, or devices that are not primarily designed to process 39 data. 40 (c) Books with a sales price of $50 or less per item. As 41 used in this paragraph, the term “books” includes textbooks or 42 other instructional materials, in printed or digital format, 43 used for educational purposes. 44 (d) Sports, fitness, and recreational equipment with a 45 sales price of $100 or less per item. 46 (e) Televisions with a sales price of $1,000 or less per 47 item. 48 (f) Game tables and billiard tables, and accessories 49 thereof, with a sales price of $500 or less per item. 50 (2) Notwithstanding any action by the United States 51 Department of Veterans Affairs relating to dishonorable 52 discharges or releases, the term “veteran” means a person who 53 served in the active military, naval, or air service who was 54 honorably discharged or released or who later received an 55 upgraded honorable discharge or release. To be eligible for the 56 sales tax holiday, a veteran must show proof of military status 57 at the time he or she purchases an eligible item. 58 (3) Eligible items placed on layaway during the sales tax 59 holiday are tax-exempt even if final payment of the layaway is 60 made after the holiday period. All mail order, catalog, or 61 Internet sales of eligible items during the sales tax holiday 62 are tax-exempt if the order is accepted during the holiday 63 period for immediate shipment, even if the item is delivered 64 after the holiday period. If a veteran purchases a tax-exempt 65 item during the holiday period and exchanges it for the same 66 type of item, such as an exchange for a different size or color, 67 after the holiday period expires, no tax is due. 68 (4) A retailer making tax-exempt sales under this section 69 shall report to the Department of Revenue the amount of its 70 gross sales on the retailer’s sales and use tax return. 71 (5) The Department of Revenue may, and all conditions are 72 deemed met to, adopt emergency rules pursuant to ss. 120.536(1) 73 and 120.54, Florida Statutes, to administer this section. This 74 subsection is repealed on June 30, 2019. 75 Section 2. This act shall take effect July 1, 2018.