Florida Senate - 2026                               CS for SB 78
       
       
        
       By the Committee on Community Affairs; and Senators Osgood and
       Berman
       
       
       
       
       578-01202-26                                            202678c1
    1                        A bill to be entitled                      
    2         An act relating to home hardening products; defining
    3         terms; providing a sales tax exemption for home
    4         hardening products used on eligible residential
    5         property; specifying a limitation on exemptions;
    6         requiring property owners to submit an application to
    7         the Department of Revenue in order to be eligible;
    8         specifying information required to be included in such
    9         applications; providing that property owners may
   10         submit an application for only one residential
   11         property; requiring that refund applications be
   12         submitted within a specified timeframe; providing
   13         requirements for the department in issuing refunds;
   14         authorizing the department to adopt emergency rules;
   15         specifying the timeframe such rules are effective;
   16         authorizing the renewal of such rules; providing an
   17         effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Home hardening products; sales tax refund.—
   22         (1)As used in this section, the term:
   23         (a)“Department” means the Department of Revenue.
   24         (b) “Eligible residential property” means a residential
   25  property with a site-built dwelling for which a homestead
   26  exemption has been granted under s. 196.031, Florida Statutes,
   27  and which has a just value of $700,000 or less.
   28         (c) “Home hardening product” means an impact-resistant
   29  door, an impact-resistant garage door, or an impact-resistant
   30  window.
   31         (d)“Impact-resistant door” means an exterior door system
   32  designed to resist wind and wind-borne debris forces which is
   33  rated for impact resistance and wind pressure in accordance with
   34  any of the following most recent sets of test methods,
   35  standards, and specifications:
   36         1.ASTM International E1886 and E1996;
   37         2.American Architectural Manufacturers Association 506; or
   38         3.Florida Building Code Testing Application Standard TAS
   39  201, TAS 202, and TAS 203.
   40         (e)“Impact-resistant garage door” means a garage door
   41  system designed to resist wind and wind-borne debris forces
   42  which is rated for impact resistance and wind pressure in
   43  accordance with any of the following most recent sets of test
   44  methods, standards, and specifications:
   45         1.ASTM International E1886 and E1996;
   46         2.American Architectural Manufacturers Association 506;
   47         3.Florida Building Code Testing Application Standard TAS
   48  201, TAS 202, TAS 203; or
   49         4.ANSI/DASMA 115.
   50         (f)“Impact-resistant window” means a window that is
   51  laminated or has been treated with a polycarbonate glazing
   52  system designed to resist wind and wind-borne debris forces
   53  which is rated for impact resistance and wind pressure in
   54  accordance with any of the following most recent sets of test
   55  methods, standards, and specifications:
   56         1.ASTM International E1886 and E1996;
   57         2.American Architectural Manufacturers Association 506; or
   58         3.Florida Building Code Testing Application Standard TAS
   59  201, TAS 202, and TAS 203.
   60         (g)“Owner” means a person who holds the legal title to an
   61  eligible residential property.
   62         (h) “Purchase period” means retail purchases made during
   63  the period of July 1, 2026, through June 30, 2028.
   64         (i) “Site-built dwelling” means a dwelling constructed at
   65  its permanent location. Site-built dwellings do not include
   66  mobile homes, manufactured homes, trailers, or any home or
   67  trailer that may be titled or registered in accordance with
   68  chapter 319, Florida Statutes, or chapter 320, Florida Statutes.
   69         (2)Home hardening products used on eligible residential
   70  property are exempt from the tax imposed by chapter 212, Florida
   71  Statutes, upon an affirmative showing to the satisfaction of the
   72  department that the requirements of this section have been met,
   73  in an amount up to $500 per eligible residential property for
   74  purchases made during the purchase period. This exemption inures
   75  to the owner through a refund of previously paid taxes. To be
   76  eligible to receive a refund, an owner must submit an
   77  application to the department on a form approved by the
   78  department which includes all of the following:
   79         (a)The name and address of the owner claiming the refund.
   80         (b)The address and assessment roll parcel number of the
   81  eligible residential property for which a refund of previously
   82  paid taxes is being sought.
   83         (c) A sworn statement, submitted under penalty of perjury,
   84  from the owner which specifies the actual cost of the exempt
   85  home hardening products, the amount of sales tax paid in this
   86  state on the exempt home hardening products, and that the
   87  property is an eligible residential property. Copies of receipts
   88  evidencing payment of sales tax must be attached to the form.
   89         (3) The owner may submit an application for only one
   90  eligible residential property.
   91         (4) The owner must submit the refund application to the
   92  department between July 1, 2026, and June 30, 2028. Within 30
   93  business days after receipt of the refund application, the
   94  department must determine if the application meets the
   95  requirements of this section. The department must issue a refund
   96  within 30 business days after it formally approves the
   97  application.
   98         (5)The department is authorized, and all conditions are
   99  deemed met, to adopt emergency rules pursuant to s. 120.54(4),
  100  Florida Statutes, for the purpose of implementing this section.
  101  Notwithstanding any other law, emergency rules adopted under
  102  this subsection are effective for the length of the exemption
  103  period and may be renewed during the pendency of procedures to
  104  adopt permanent rules addressing the subject of the emergency
  105  rules.
  106         Section 2. This act shall take effect upon becoming a law.