Florida Senate - 2020 SENATOR AMENDMENT Bill No. CS/HB 7097, 1st Eng. Ì103672&Î103672 LEGISLATIVE ACTION Senate . House . . . Floor: 2e/F/2R . 03/12/2020 06:26 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Rodriguez moved the following: 1 Senate Amendment to Substitute Amendment (271678) (with 2 title amendment) 3 4 Delete lines 1673 - 1749 5 and insert: 6 not be collected on the first Friday, Saturday, and Sunday of 7 August of each year on the retail sale of: 8 (a) Clothing, wallets, or bags, including handbags, 9 backpacks, fanny packs, and diaper bags, but excluding 10 briefcases, suitcases, and other garment bags, having a sales 11 price of $60 or less per item. As used in this paragraph, the 12 term “clothing” means: 13 1. Any article of wearing apparel intended to be worn on or 14 about the human body, excluding watches, watchbands, jewelry, 15 umbrellas, and handkerchiefs; and 16 2. All footwear, excluding skis, swim fins, roller blades, 17 and skates. 18 (b) School supplies having a sales price of $15 or less per 19 item. As used in this paragraph, the term “school supplies” 20 means pens, pencils, erasers, crayons, notebooks, notebook 21 filler paper, legal pads, binders, lunch boxes, construction 22 paper, markers, folders, poster board, composition books, poster 23 paper, scissors, cellophane tape, glue or paste, rulers, 24 computer disks, staplers and staples used to secure paper 25 products, protractors, compasses, and calculators. 26 (2) The tax levied under chapter 212, Florida Statutes, may 27 not be collected on the first Friday, Saturday, and Sunday of 28 August of each year on the first $1,000 of the sales price of 29 personal computers or personal computer-related accessories 30 purchased for noncommercial home or personal use. As used in 31 this subsection, the term: 32 (a) “Personal computers” includes electronic book readers, 33 laptops, desktops, handheld devices, tablets, or tower 34 computers. The term does not include cellular telephones, video 35 game consoles, digital media receivers, or devices that are not 36 primarily designed to process data. 37 (b) “Personal computer-related accessories” includes 38 keyboards, mice, personal digital assistants, monitors, other 39 peripheral devices, modems, routers, and nonrecreational 40 software, regardless of whether the accessories are used in 41 association with a personal computer base unit. The term does 42 not include furniture or systems, devices, software, or 43 peripherals that are designed or intended primarily for 44 recreational use. The term “monitor” does not include any device 45 that includes a television tuner. 46 (3) The tax exemptions provided in this section do not 47 apply to sales within a theme park or entertainment complex as 48 defined in s. 509.013(9), Florida Statutes, within a public 49 lodging establishment as defined in s. 509.013(4), Florida 50 Statutes, or within an airport as defined in s. 330.27(2), 51 Florida Statutes. 52 (4) The tax exemptions provided in this section may apply 53 at the option of a dealer if less than 5 percent of the dealer’s 54 gross sales of tangible personal property in the prior calendar 55 year are composed of items that would be exempt under this 56 section. If a qualifying dealer chooses not to participate in 57 the tax holiday, by the last day of July of each year the dealer 58 must notify the Department of Revenue in writing of its election 59 to collect sales tax during the holiday and must post a copy of 60 that notice in a conspicuous location at its place of business. 61 (5) The Department of Revenue is authorized, and all 62 conditions are deemed met, to adopt emergency rules pursuant to 63 s. 120.54(4), Florida Statutes, for the purpose of implementing 64 this section. Notwithstanding any other provision of law, 65 emergency rules adopted pursuant to this subsection are 66 effective for 6 months after adoption and may be renewed during 67 the pendency of procedures to adopt permanent rules addressing 68 the subject of the emergency rules. 69 (6) For the 2019-2020 fiscal year, the sum of $241,000 in 70 nonrecurring funds is appropriated from the General Revenue Fund 71 to the Department of Revenue for the purpose of implementing 72 this section. Funds remaining unexpended or unencumbered from 73 this appropriation as of June 30, 2020, shall revert and be 74 reappropriated for the same purpose in the 2020-2021 fiscal 75 year. 76 (7) This section shall take effect upon this act becoming a 77 law. 78 Section 59. Disaster preparedness supplies; sales tax 79 holiday.— 80 (1) The tax levied under chapter 212, Florida Statutes, may 81 not be collected on the first Friday, Saturday, and Sunday of 82 May of each year on the sale of: 83 84 ================= T I T L E A M E N D M E N T ================ 85 And the title is amended as follows: 86 Delete lines 1971 - 1978 87 and insert: 88 certain timeframe each year; defining terms; 89 specifying locations where the exemptions do not 90 apply; authorizing certain dealers to opt out of 91 participating in the exemptions, subject to certain 92 conditions; authorizing the department to adopt 93 emergency rules; providing an appropriation; providing 94 sales tax exemptions for certain disaster preparedness 95 supplies during a certain timeframe each year; 96 specifying