Florida Senate - 2018                                      SB 76
       By Senator Garcia
       36-00105-18                                             201876__
    1                        A bill to be entitled                      
    2         An act relating to a Small Business Saturday sales tax
    3         holiday; defining the term “small business”; providing
    4         that small businesses are not required to collect the
    5         sales and use tax on the retail sale of certain items
    6         of tangible personal property during a specified
    7         timeframe; authorizing the Department of Revenue to
    8         adopt emergency rules; providing an appropriation;
    9         providing an effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Small Business Saturday sales tax holiday.—
   14         (1) As used in this section, the term “small business”
   15  means a dealer, as defined in s. 212.06, Florida Statutes, who
   16  registered with the Department of Revenue and began operation no
   17  later than January 8, 2018, and who owed and remitted to the
   18  Department of Revenue less than $200,000 in total tax under
   19  chapter 212, Florida Statutes, for the 1-year period ending
   20  September 30, 2018. If the dealer has not been in operation for
   21  a 1-year period as of September 30, 2018, the dealer must have
   22  owed and remitted less than $200,000 in total tax under chapter
   23  212, Florida Statutes, for the period beginning on the day the
   24  dealer began operation and ending September 30, 2018, in order
   25  to qualify as a small business under this section. If the dealer
   26  is eligible to file a consolidated return pursuant to s.
   27  212.11(1)(e), Florida Statutes, the total tax under chapter 212,
   28  Florida Statutes, owed and remitted from all of the dealer’s
   29  places of business must be less than $200,000 for the applicable
   30  period ending September 30, 2018.
   31         (2) Subject to subsection (3), the tax levied under chapter
   32  212, Florida Statutes, may not be collected by a small business
   33  during the period from 12:01 a.m. on November 24, 2018, through
   34  11:59 p.m. on November 24, 2018, on the retail sale, as defined
   35  in s. 212.02(14), Florida Statutes, of any item of tangible
   36  personal property, as defined in s. 212.02(19), Florida
   37  Statutes, having a sales price of $1,000 or less per item.
   38         (3) At its option, a small business may choose not to
   39  participate in the sales and use tax exemption provided in
   40  subsection (2) and may collect tax on all sales made on November
   41  24, 2018.
   42         (4) The Department of Revenue may, and all conditions are
   43  deemed to be met to, adopt emergency rules pursuant to ss.
   44  120.536(1) and 120.54, Florida Statutes, to implement this
   45  section.
   46         Section 2. For the 2018-2019 fiscal year, the sum of
   47  $200,000 of nonrecurring funds is appropriated from the General
   48  Revenue Fund to the Department of Revenue for the purpose of
   49  implementing this act.
   50         Section 3. This act shall take effect July 1, 2018.