Florida Senate - 2022                                    SB 1698
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-00462B-22                                          20221698__
    1                        A bill to be entitled                      
    2         An act relating to taxes; creating s. 566.012, F.S.;
    3         imposing a sales tax on marijuana; requiring certain
    4         entities to file a monthly return that includes sales
    5         tax payments and to keep specified records;
    6         authorizing the Division of Cannabis Management to
    7         revoke a marijuana cultivation facility’s license
    8         under certain circumstances; creating s. 566.0125,
    9         F.S.; authorizing counties and municipalities to
   10         establish additional sales taxes on the sale of
   11         marijuana; limiting the sales tax rate; creating s.
   12         566.0126, F.S.; exempting certain purchases of
   13         marijuana for medical use from specified state and
   14         local sales taxes; providing a contingent effective
   15         date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 566.012, Florida Statutes, is created to
   20  read:
   21         566.012 Sales tax on marijuana.—
   22         (1) In addition to all other taxes of every kind levied by
   23  law, including local taxes:
   24         (a) A tax is levied at the rate of 15 percent of the sales
   25  price for marijuana sold at a retail marijuana store.
   26         (b) A tax is levied at the rate of 19 cents per milligram
   27  of THC on sales of food or beverages containing marijuana sold
   28  by a marijuana consumption site.
   29         (2)(a) A marijuana retail store or marijuana consumption
   30  site subject to the licensing requirement of s. 566.036 shall
   31  file, on or before the last day of each month, a return on a
   32  form prescribed and furnished by the division, together with
   33  payment of the tax due under this section. The return must
   34  report all marijuana sold during the previous calendar month. A
   35  marijuana retail store and a marijuana consumption site shall
   36  keep a complete and accurate record at their principal places of
   37  business to substantiate all sales of marijuana.
   38         (b) The return must include further information as the
   39  division may prescribe.
   40         (3) If a marijuana retail store or marijuana consumption
   41  site fails to make tax payments as required by this section, the
   42  division may revoke the store’s or site’s license.
   43         Section 2. Section 566.0125, Florida Statutes, is created
   44  to read:
   45         566.0125 County or municipality sales taxes.—A county or
   46  municipality may establish additional sales taxes for the sale
   47  of marijuana at marijuana retail stores or marijuana consumption
   48  sites, but the tax rate may not exceed:
   49         (1) For marijuana retail stores, 3.75 percent of the sales
   50  price of the marijuana.
   51         (2) For marijuana consumption sites, 4 cents per milligram
   52  of THC on sales of food or beverages containing marijuana sold
   53  by a marijuana consumption site.
   54         Section 3. Section 566.0126, Florida Statutes, is created
   55  to read:
   56         566.0126 Qualified medical marijuana purchases exempt from
   57  sales taxes.—Any purchase of marijuana for medical use from a
   58  retail marijuana store pursuant to s. 566.0635 is exempt from
   59  the taxes imposed under ss. 212.06, 566.012, and 566.0125 and
   60  any sales tax imposed by a county or municipality.
   61         Section 4. This act shall take effect on the same date that
   62  SB ____ or similar legislation takes effect, if such legislation
   63  is adopted in the same legislative session or an extension
   64  thereof and becomes a law.