Florida Senate - 2019 SB 1782 By Senator Farmer 34-00687A-19 20191782__ 1 A bill to be entitled 2 An act relating to taxes and fees; amending s. 3 566.036, F.S.; providing an application fee; creating 4 s. 566.012, F.S.; imposing an excise tax on 5 recreational marijuana; providing for inflation 6 adjustments to the tax rate; providing for collection 7 of the tax; providing for distribution of tax 8 revenues; requiring an annual report concerning tax 9 revenues; providing a contingent effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Subsection (12) is added to section 566.036, 14 Florida Statutes, as created by SB ____, to read: 15 566.036 Licensing of marijuana establishments.— 16 (12) An applicant for a marijuana establishment license 17 shall pay an application fee not to exceed $5,000, as set by 18 rule. 19 Section 2. Section 566.012, Florida Statutes, is created to 20 read: 21 566.012 Excise tax on marijuana.— 22 (1) An excise tax is imposed on the sale or transfer of 23 marijuana from a marijuana cultivation facility to a retail 24 marijuana store or marijuana product manufacturing facility. 25 Each marijuana cultivation facility shall pay an excise tax at 26 the rate of $50 per ounce, or proportionate part thereof, on 27 marijuana that is sold or transferred from a marijuana 28 cultivation facility pursuant to part II. 29 (2) The excise tax rate under subsection (1) shall be 30 adjusted annually for inflation. 31 (a) Beginning in 2021, on or about February 15 of each 32 year, the department shall calculate the adjusted excise tax 33 rates by multiplying the rates in effect on the calculation date 34 by an inflation index computed as provided in paragraph (b). The 35 adjusted rates must be rounded to the nearest penny and become 36 effective on the first day of July immediately after the 37 calculation. The division shall publish the annually adjusted 38 excise tax rates and shall provide all necessary forms and 39 reports. 40 (b) The inflation index is the Consumer Price Index for All 41 Urban Consumers, U.S. City Average, or successor reports, as 42 reported by the United States Department of Labor, Bureau of 43 Labor Statistics, for the calendar year ending on December 31 44 immediately before the calculation date, divided by the Consumer 45 Price Index for the previous calendar year. The inflation index 46 may not be less than one. 47 (c)1. A marijuana cultivation facility subject to the 48 licensing requirement of s. 566.036 shall file, on or before the 49 last day of each month, a return on a form prescribed and 50 furnished by the division together with payment of the tax due 51 under this part. The return must report all marijuana products 52 held, purchased, manufactured, brought in, or caused to be 53 brought in from outside the state or shipped or transported to a 54 retail marijuana store or marijuana product manufacturing 55 facility within the state during the previous calendar month. A 56 marijuana cultivation facility shall keep a complete and 57 accurate record at its principal place of business to 58 substantiate all receipts and sales of marijuana products. 59 2. The return must include further information as the 60 division may prescribe. Tax previously paid on marijuana 61 products that are returned to a marijuana establishment because 62 the product has become unfit for use, sale, or consumption and 63 for marijuana products that are returned to a marijuana 64 cultivation facility that are subsequently destroyed by the 65 marijuana cultivation facility may be taken as a credit on a 66 subsequent return. The division may either witness the 67 destruction of the product or may accept another form of proof 68 that the product has been destroyed by the marijuana cultivation 69 facility. 70 3. A person who is not a marijuana cultivation facility 71 licensed under s. 566.036 who imports, receives, or otherwise 72 acquires marijuana products for use or consumption in the state 73 from a person other than a licensed marijuana cultivation 74 facility shall file, on or before the last day of the month 75 after each month in which marijuana products were acquired, a 76 return on a form prescribed by the division together with 77 payment of the tax imposed by this part at the rate provided in 78 subsection (1). The return must report the quantity of marijuana 79 products imported, received, or otherwise acquired from a person 80 other than a licensed marijuana cultivation facility during the 81 previous calendar month and additional information that the 82 division may require. 83 (d) If a marijuana cultivation facility fails to make tax 84 payments as required by this section, the division may revoke 85 the marijuana cultivation facility’s license. 86 Section 3. This act shall take effect on the same date that 87 SB ____ or similar legislation takes effect, if such legislation 88 is adopted in the same legislative session or an extension 89 thereof and becomes law.