Florida Senate - 2021                       CS for CS for SB 734
       
       
        
       By the Committees on Finance and Tax; and Commerce and Tourism;
       and Senator Gruters
       
       
       
       
       593-02733-21                                           2021734c2
    1                        A bill to be entitled                      
    2         An act relating to tax exemptions; amending s. 201.25,
    3         F.S.; exempting federal loans related to a state of
    4         emergency from the excise tax imposed on documents;
    5         providing exemptions from the sales and use tax for
    6         specified disaster preparedness supplies during a
    7         specified timeframe; providing applicability for
    8         certain exemptions; defining the term “impact
    9         resistant”; requiring purchasers of certain items to
   10         furnish a specified affidavit and information to the
   11         selling dealer; providing a criminal penalty for
   12         furnishing a false affidavit with certain intent;
   13         specifying locations where the exemptions do not
   14         apply; authorizing the Department of Revenue to adopt
   15         emergency rules; providing effective dates.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Present subsection (2) of section 201.25,
   20  Florida Statutes, is redesignated as subsection (3), and a new
   21  subsection (2) is added to that section, to read:
   22         201.25 Tax exemptions for certain loans.—There shall be
   23  exempt from all taxes imposed by this chapter:
   24         (2)Any federal loans that are related to a state
   25  declaration of emergency made by the Governor pursuant to s.
   26  252.36.
   27         Section 2. Disaster preparedness supplies; sales tax
   28  holiday.
   29         (1)The tax levied under chapter 212, Florida Statutes, may
   30  not be collected during the period from 12:01 a.m. on May 28,
   31  2021, through 11:59 p.m. on June 13, 2021, on the sale of:
   32         (a)A portable self-powered light source selling for $20 or
   33  less.
   34         (b)A portable self-powered radio, two-way radio, or
   35  weather-band radio selling for $50 or less.
   36         (c)A tarpaulin or other flexible waterproof sheeting
   37  selling for $50 or less.
   38         (d)An item normally sold as, or generally advertised as, a
   39  ground anchor system or tie-down kit selling for $50 or less.
   40         (e)A gas or diesel fuel tank selling for $25 or less.
   41         (f)A package of AA-cell, AAA-cell, C-cell, D-cell, 6-volt,
   42  or 9-volt batteries, excluding automobile and boat batteries,
   43  selling for $30 or less.
   44         (g)A nonelectric food storage cooler selling for $30 or
   45  less.
   46         (h)A portable generator used to provide light or
   47  communications or preserve food in the event of a power outage
   48  selling for $750 or less.
   49         (i)Reusable ice selling for $10 or less.
   50         (j)Impact-resistant windows, when sold in units of 20 or
   51  fewer.
   52         (k)Impact-resistant doors and impact-resistant garage
   53  doors, when sold in units of 10 or fewer.
   54  
   55  The exemptions under paragraphs (j) and (k) apply to purchases
   56  made by an owner of residential real property where the impact
   57  resistant windows, impact-resistant doors, or impact-resistant
   58  garage doors will be installed. For the purposes of this
   59  section, the term “impact-resistant” means that the window,
   60  door, or garage door complies with the standards for protection
   61  of openings and for windborne debris protection in the Florida
   62  Building Code, 7th Edition (2020) Residential, or in the Florida
   63  Building Code, 7th Edition (2020) Building. The purchaser must
   64  furnish to the selling dealer an affidavit stating that the
   65  impact-resistant windows, impact-resistant doors, or impact
   66  resistant garage doors to be exempted are for the exclusive use
   67  designated herein and must include the name of the owner making
   68  the purchase and the address of the residential real property
   69  where the items will be installed. Any person furnishing a false
   70  affidavit to such effect for the purpose of evading payment of
   71  any tax imposed under chapter 212, Florida Statutes, is subject
   72  to the penalties set forth in s. 212.085, Florida Statutes, and
   73  as otherwise provided by law.
   74         (2)The tax exemptions provided in this section do not
   75  apply to sales within a theme park or entertainment complex as
   76  defined in s. 509.013(9), Florida Statutes, within a public
   77  lodging establishment as defined in s. 509.013(4), Florida
   78  Statutes, or within an airport as defined in s. 330.27(2),
   79  Florida Statutes.
   80         (3)The Department of Revenue may, and all conditions are
   81  deemed met to, adopt emergency rules pursuant to s. 120.54(4),
   82  Florida Statutes, for the purpose of implementing this section.
   83  Notwithstanding any other law, emergency rules adopted pursuant
   84  to this subsection are effective for 6 months after adoption and
   85  may be renewed during the pendency of procedures to adopt
   86  permanent rules addressing the subject of the emergency rule.
   87         (4)This section shall take effect upon becoming a law.
   88         Section 3. Except as otherwise expressly provided in this
   89  act and except for this section, which shall take effect upon
   90  this act becoming a law, this act shall take effect July 1,
   91  2021.