Florida Senate - 2026                                      SB 78
       
       
        
       By Senator Osgood
       
       
       
       
       
       32-00283A-26                                            202678__
    1                        A bill to be entitled                      
    2         An act relating to home hardening products; amending
    3         s. 212.08, F.S.; defining terms; exempting from sales
    4         and use tax impact-resistant doors, garage doors, and
    5         windows; providing an effective date.
    6          
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Paragraph (ffff) is added to subsection (7) of
   10  section 212.08, Florida Statutes, to read:
   11         212.08 Sales, rental, use, consumption, distribution, and
   12  storage tax; specified exemptions.—The sale at retail, the
   13  rental, the use, the consumption, the distribution, and the
   14  storage to be used or consumed in this state of the following
   15  are hereby specifically exempt from the tax imposed by this
   16  chapter.
   17         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
   18  entity by this chapter do not inure to any transaction that is
   19  otherwise taxable under this chapter when payment is made by a
   20  representative or employee of the entity by any means,
   21  including, but not limited to, cash, check, or credit card, even
   22  when that representative or employee is subsequently reimbursed
   23  by the entity. In addition, exemptions provided to any entity by
   24  this subsection do not inure to any transaction that is
   25  otherwise taxable under this chapter unless the entity has
   26  obtained a sales tax exemption certificate from the department
   27  or the entity obtains or provides other documentation as
   28  required by the department. Eligible purchases or leases made
   29  with such a certificate must be in strict compliance with this
   30  subsection and departmental rules, and any person who makes an
   31  exempt purchase with a certificate that is not in strict
   32  compliance with this subsection and the rules is liable for and
   33  shall pay the tax. The department may adopt rules to administer
   34  this subsection.
   35         (ffff) Home hardening products.
   36         1.For purposes of this paragraph, the term:
   37         a.“Impact-resistant door” means an exterior door system
   38  designed to resist wind and wind-borne debris forces which is
   39  rated for impact resistance and wind pressure in accordance with
   40  any of the following most recent sets of test methods,
   41  standards, and specifications:
   42         (I)ASTM International E1886 and E1996;
   43         (II)American Architectural Manufacturers Association 506;
   44  or
   45         (III)Florida Building Code Testing Application Standards
   46  TAS 201, TAS 202, and TAS 203.
   47         b.“Impact-resistant garage door” means a garage door
   48  system designed to resist wind and wind-borne debris forces
   49  which is rated for impact resistance and wind pressure in
   50  accordance with any of the following most recent sets of test
   51  methods, standards, and specifications:
   52         (I)ASTM International E1886 and E1996;
   53         (II)American Architectural Manufacturers Association 506;
   54         (III)Florida Building Code Testing Application Standards
   55  TAS 201, TAS 202, TAS 203; or
   56         (IV)ANSI/DASMA 115.
   57         c.“Impact-resistant window” means a window that is
   58  laminated or has been treated with a polycarbonate glazing
   59  system designed to resist wind and wind-borne debris forces
   60  which is rated for impact resistance and wind pressure in
   61  accordance with any of the following most recent sets of test
   62  methods, standards, and specifications:
   63         (I)ASTM International E1886 and E1996;
   64         (II)American Architectural Manufacturers Association 506;
   65  or
   66         (III)Florida Building Code Testing Application Standards
   67  TAS 201, TAS 202, and TAS 203.
   68         2.Impact-resistant doors, impact-resistant garage doors,
   69  and impact-resistant windows are exempt from the tax imposed by
   70  this chapter.
   71         Section 2. This act shall take effect July 1, 2026.