Florida Senate - 2025                                    SB 1350
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-01577-25                                           20251350__
    1                        A bill to be entitled                      
    2         An act relating to the taxation of indigenous
    3         products; amending s. 212.08, F.S.; defining terms;
    4         exempting from the state sales tax the sale of
    5         indigenous products; providing construction; providing
    6         an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Paragraph (vvv) is added to subsection (7) of
   11  section 212.08, Florida Statutes, to read:
   12         212.08 Sales, rental, use, consumption, distribution, and
   13  storage tax; specified exemptions.—The sale at retail, the
   14  rental, the use, the consumption, the distribution, and the
   15  storage to be used or consumed in this state of the following
   16  are hereby specifically exempt from the tax imposed by this
   17  chapter.
   18         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
   19  entity by this chapter do not inure to any transaction that is
   20  otherwise taxable under this chapter when payment is made by a
   21  representative or employee of the entity by any means,
   22  including, but not limited to, cash, check, or credit card, even
   23  when that representative or employee is subsequently reimbursed
   24  by the entity. In addition, exemptions provided to any entity by
   25  this subsection do not inure to any transaction that is
   26  otherwise taxable under this chapter unless the entity has
   27  obtained a sales tax exemption certificate from the department
   28  or the entity obtains or provides other documentation as
   29  required by the department. Eligible purchases or leases made
   30  with such a certificate must be in strict compliance with this
   31  subsection and departmental rules, and any person who makes an
   32  exempt purchase with a certificate that is not in strict
   33  compliance with this subsection and the rules is liable for and
   34  shall pay the tax. The department may adopt rules to administer
   35  this subsection.
   36         (vvv) Indigenous products.—
   37         1.As used in this paragraph, the term:
   38         a.Enrolled member” means a person who is a member of the
   39  Seminole Tribe of Florida or the Miccosukee Tribe of Indians of
   40  Florida, or a certified nonmember Indian artisan as designated
   41  by either tribe.
   42         b.“Indigenous product” means any art or craft product made
   43  by an enrolled member.
   44         (I)This term includes, but is not limited to, all of the
   45  following:
   46         (A)Art made by an enrolled member which is in a
   47  traditional or nontraditional style or medium.
   48         (B)Craft work made by an enrolled member which is in a
   49  traditional or nontraditional style or medium.
   50         (C)Art or craft work created using only tools that allow
   51  the enrolled member’s manual skill to shape and design each
   52  individual product.
   53         (II)The term does not include any of the following:
   54         (A)A product in the style of an indigenous art or craft
   55  work but is not made by an enrolled member.
   56         (B)A product in the style of an indigenous art or craft
   57  work which is designed by an enrolled member but not produced by
   58  such member.
   59         (C)A product in the style of an indigenous product which
   60  is assembled from a kit.
   61         (D)A product in the style of an indigenous product which
   62  originates from a commercial product, without substantial
   63  transformation by an enrolled member.
   64         (E)Industrial products that do not traditionally serve as
   65  artistic mediums or lend themselves to enrolled member
   66  embellishment, such as appliances and vehicles.
   67         (F)A product in the style of an indigenous art or craft
   68  work which is produced in an assembly line or similar production
   69  line process using multiple workers not all of whom are enrolled
   70  members.
   71         c.“Made by an enrolled member” means that an enrolled
   72  member has provided the artistic or craft labor necessary to
   73  implement an artistic design through a substantial
   74  transformation of materials to produce the art or craft work.
   75  This term includes more than one enrolled member working
   76  together.
   77         2.The sale of indigenous products is exempt from the tax
   78  imposed by this chapter.
   79         3.This paragraph does not preclude the enforcement of
   80  chapter 686.
   81         Section 2. This act shall take effect July 1, 2025.