Florida Senate - 2019                      CS for CS for SB 1412
       
       
        
       By the Committees on Appropriations; and Commerce and Tourism;
       and Senator Gruters
       
       
       
       
       576-04591-19                                          20191412c2
    1                        A bill to be entitled                      
    2         An act relating to taxation; amending s. 195.096,
    3         F.S.; specifying a requirement for the Department of
    4         Revenue in reviewing assessment rolls in certain
    5         counties in assessment years following a natural
    6         disaster; authorizing the department to use the best
    7         information available to estimate levels of
    8         assessment; providing retroactive applicability;
    9         providing sales tax exemptions for specified disaster
   10         preparedness supplies during a certain timeframe;
   11         specifying locations where the exemptions do not
   12         apply; providing sales tax exemptions for certain
   13         clothing, wallets, bags, school supplies, personal
   14         computers, and personal computer-related accessories
   15         during a certain timeframe; defining terms; specifying
   16         locations where the exemptions do not apply;
   17         authorizing certain dealers to opt out of
   18         participating in the exemptions, subject to certain
   19         conditions; providing an appropriation; amending s.
   20         218.131, F.S.; revising the date on which certain
   21         appropriated moneys for certain counties are to be
   22         distributed; authorizing the department to adopt
   23         emergency rules for certain sales tax exemptions;
   24         providing effective dates.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Paragraph (g) is added to subsection (2) of
   29  section 195.096, Florida Statutes, to read:
   30         195.096 Review of assessment rolls.—
   31         (2) The department shall conduct, no less frequently than
   32  once every 2 years, an in-depth review of the assessment rolls
   33  of each county. The department need not individually study every
   34  use-class of property set forth in s. 195.073, but shall at a
   35  minimum study the level of assessment in relation to just value
   36  of each classification specified in subsection (3). Such in
   37  depth review may include proceedings of the value adjustment
   38  board and the audit or review of procedures used by the counties
   39  to appraise property.
   40         (g) Notwithstanding any other provision of this chapter, in
   41  1 or more assessment years following a natural disaster in
   42  counties for which a state of emergency was declared by
   43  executive order or proclamation of the Governor pursuant to
   44  chapter 252, if the department determines that the natural
   45  disaster creates difficulties in the department’s statistical
   46  and analytical reviews of the assessment rolls in affected
   47  counties, the department shall take all practicable steps to
   48  maximize the representativeness and reliability of its
   49  statistical and analytical reviews and may use the best
   50  information available to estimate the levels of assessment. This
   51  paragraph first applies to the 2019 assessment rolls and applies
   52  retroactively to January 1, 2019.
   53         Section 2. Disaster preparedness supplies; sales tax
   54  holiday.
   55         (1)The tax levied under chapter 212, Florida Statutes, may
   56  not be collected during the period from 12:01 a.m. on May 31,
   57  2019, through 11:59 p.m. on June 6, 2019, on the retail sale of:
   58         (a)A portable self-powered light source selling for $20 or
   59  less.
   60         (b)A portable self-powered radio, two-way radio, or
   61  weather-band radio selling for $50 or less.
   62         (c)A tarpaulin or other flexible waterproof sheeting
   63  selling for $50 or less.
   64         (d)An item normally sold as, or generally advertised as, a
   65  ground anchor system or tie-down kit selling for $50 or less.
   66         (e)A gas or diesel fuel tank selling for $25 or less.
   67         (f)A package of AA-cell, AAA-cell, C-cell, D-cell, 6-volt,
   68  or 9-volt batteries, excluding automobile and boat batteries,
   69  selling for $30 or less.
   70         (g)A nonelectric food storage cooler selling for $30 or
   71  less.
   72         (h)A portable generator used to provide light or
   73  communications or preserve food in the event of a power outage
   74  selling for $750 or less.
   75         (i)Reusable ice selling for $10 or less.
   76         (2)The tax exemptions provided in this section do not
   77  apply to sales within a theme park or entertainment complex as
   78  defined in s. 509.013(9), Florida Statutes, within a public
   79  lodging establishment as defined in s. 509.013(4), Florida
   80  Statutes, or within an airport as defined in s. 330.27(2),
   81  Florida Statutes.
   82         (3)This section shall take effect upon this act becoming a
   83  law.
   84         Section 3. Clothing, school supplies, and personal
   85  computers and personal computer-related accessories sales tax
   86  holiday.—
   87         (1)The tax levied under chapter 212, Florida Statutes, may
   88  not be collected during the period from 12:01 a.m. on August 2,
   89  2019, through 11:59 p.m. on August 4, 2019, on the retail sale
   90  of:
   91         (a)Clothing, wallets, or bags, including handbags,
   92  backpacks, fanny packs, and diaper bags, but excluding
   93  briefcases, suitcases, and other garment bags, having a sales
   94  price of $60 or less per item. As used in this paragraph, the
   95  term “clothing” means:
   96         1.Any article of wearing apparel intended to be worn on or
   97  about the human body, excluding watches, watchbands, jewelry,
   98  umbrellas, and handkerchiefs; and
   99         2.All footwear, excluding skis, swim fins, roller blades,
  100  and skates.
  101         (b)School supplies having a sales price of $15 or less per
  102  item. As used in this paragraph, the term “school supplies”
  103  means pens, pencils, erasers, crayons, notebooks, notebook
  104  filler paper, legal pads, binders, lunch boxes, construction
  105  paper, markers, folders, poster board, composition books, poster
  106  paper, scissors, cellophane tape, glue or paste, rulers,
  107  computer disks, flash drives, staplers and staples used to
  108  secure paper products, protractors, compasses, and calculators.
  109         (2)The tax levied under chapter 212, Florida Statutes, may
  110  not be collected during the period from 12:01 a.m. on August 2,
  111  2019, through 11:59 p.m. on August 4, 2019, on the first $1,000
  112  of the sales price of personal computers or personal computer
  113  related accessories purchased for noncommercial home or personal
  114  use. For purposes of this subsection, the term:
  115         (a)“Personal computers” includes electronic book readers,
  116  laptops, desktops, handhelds, tablets, or tower computers. The
  117  term does not include cellular telephones, video game consoles,
  118  digital media receivers, or devices that are not primarily
  119  designed to process data.
  120         (b)“Personal computer-related accessories” includes
  121  keyboards, mice, personal digital assistants, monitors, other
  122  peripheral devices, modems, routers, and non-recreational
  123  software, regardless of whether the accessories are used in
  124  association with a personal computer base unit. The term does
  125  not include furniture or systems, devices, software, or
  126  peripherals that are designed or intended primarily for
  127  recreational use. The term “monitor” does not include any device
  128  that includes a television tuner.
  129         (3)The tax exemptions provided in this section do not
  130  apply to sales within a theme park or entertainment complex as
  131  defined in s. 509.013(9), Florida Statutes, within a public
  132  lodging establishment as defined in s. 509.013(4), Florida
  133  Statutes, or within an airport as defined in s. 330.27(2),
  134  Florida Statutes.
  135         (4)The tax exemptions provided in this section may apply
  136  at the option of a dealer if less than 5 percent of the dealer’s
  137  gross sales of tangible personal property in the prior calendar
  138  year is comprised of items that would be exempt under this
  139  section. If a qualifying dealer chooses not to participate in
  140  the tax holiday, by August 1, 2019, the dealer must notify the
  141  Department of Revenue in writing of its election to collect
  142  sales tax during the holiday and must post a copy of that notice
  143  in a conspicuous location at its place of business.
  144         (5)For the 2018-2019 fiscal year, the sum of $237,000 in
  145  nonrecurring funds is appropriated from the General Revenue Fund
  146  to the Department of Revenue for the purpose of implementing
  147  this section. Funds remaining unexpended or unencumbered from
  148  this appropriation as of June 30, 2019, shall revert and be
  149  reappropriated for the same purpose in the 2019-2020 fiscal
  150  year.
  151         (6)This section shall take effect upon this act becoming a
  152  law.
  153         Section 4. Subsection (1) of section 218.131, Florida
  154  Statutes, is amended to read:
  155         218.131 Offset for tax loss associated with reductions in
  156  value of certain residences due to specified hurricanes.—
  157         (1) In the 2019-2020 fiscal year, the Legislature shall
  158  appropriate moneys to offset the reductions in ad valorem tax
  159  revenue experienced by Monroe County and by fiscally constrained
  160  counties, as defined in s. 218.67(1), and all taxing
  161  jurisdictions within such counties, which occur as a direct
  162  result of the implementation of s. 197.318. The moneys
  163  appropriated for this purpose shall be distributed in June
  164  January 2020 among the affected taxing jurisdictions based on
  165  each jurisdiction’s reduction in ad valorem tax revenue
  166  resulting from the implementation of s. 197.318.
  167         Section 5. The Department of Revenue may, and all
  168  conditions are deemed met to, adopt emergency rules pursuant to
  169  s. 120.54(4), Florida Statutes, to administer sections 2 and 3
  170  of this act. This section shall take effect upon this act
  171  becoming a law.
  172         Section 6. Except as otherwise expressly provided in this
  173  act and except for this section, which shall take effect upon
  174  this act becoming a law, this act shall take effect July 1,
  175  2019.