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.