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 164January2020 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.