Florida 2019 Regular Session Status: In Committee 1 R cosponsors

SB 1412 — Taxation

Last action — Laid on Table, companion bill(s) passed, see CS/HB 7123 (Ch. 2019-42)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

178 added · 61 removed

178 line(s) added, 61 removed.

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Florida Senate - 2019 CS for SB 1412 By the Committee on Commerce and Tourism;
Florida Senate - 2019 CS for CS for SB 1412 By the Committees on Appropriations;
and Senator Gruters 577-03168-19 20191412c1 A bill to be entitled An act relating to a sales tax holiday for disaster preparedness supplies;
and Commerce and Tourism;
providing exemptions from the sales and use tax for specified disaster preparedness supplies during a specified timeframe;
and Senator Gruters 576-04591-19 20191412c2 A bill to be entitled An act relating to taxation;
providing applicability for certain exemptions;
amending s.
authorizing the Department of Revenue to adopt emergency rules;
195.096, F.S.;
specifying a requirement for the Department of Revenue in reviewing assessment rolls in certain counties in assessment years following a natural disaster;
authorizing the department to use the best information available to estimate levels of assessment;
providing retroactive applicability;
providing sales tax exemptions for specified disaster preparedness supplies during a certain timeframe;
providing sales tax exemptions for certain clothing, wallets, bags, school supplies, personal computers, and personal computer-related accessories during a certain timeframe;
defining terms;
specifying locations where the exemptions do not apply;
authorizing certain dealers to opt out of participating in the exemptions, subject to certain conditions;
providing an effective date.
amending s.
12 Be It Enacted by the Legislature of the State of Florida:
218.131, F.S.;
14 Section 1. Disaster preparedness supplies;
revising the date on which certain appropriated moneys for certain counties are to be distributed;
sales tax holiday.— (1) The tax levied under chapter 212, Florida Statutes, may not be collected during the period from June 1, 2019, through June 14, 2019, on the retail sale of:
authorizing the department to adopt emergency rules for certain sales tax exemptions;
providing effective dates.
26 Be It Enacted by the Legislature of the State of Florida:
28 Section 1. Paragraph (g) is added to subsection (2) of section 195.096, Florida Statutes, to read:
195.096 Review of assessment rolls.— (2) The department shall conduct, no less frequently than once every 2 years, an in-depth review of the assessment rolls of each county.
The department need not individually study every use-class of property set forth in s.
195.073, but shall at a minimum study the level of assessment in relation to just value of each classification specified in subsection (3).
Such in depth review may include proceedings of the value adjustment board and the audit or review of procedures used by the counties to appraise property.
(g) Notwithstanding any other provision of this chapter, in 1 or more assessment years following a natural disaster in counties for which a state of emergency was declared by executive order or proclamation of the Governor pursuant to chapter 252, if the department determines that the natural disaster creates difficulties in the department’s statistical and analytical reviews of the assessment rolls in affected counties, the department shall take all practicable steps to maximize the representativeness and reliability of its statistical and analytical reviews and may use the best information available to estimate the levels of assessment.
This paragraph first applies to the 2019 assessment rolls and applies retroactively to January 1, 2019.
Section 2. Disaster preparedness supplies;
sales tax holiday.— (1) The tax levied under chapter 212, Florida Statutes, may not be collected during the period from 12:01 a.m.
on May 31, 2019, through 11:59 p.m.
on June 6, 2019, on the retail sale of:
(c) A tarpaulin or any other flexible waterproof sheeting selling for $50 or less.
(c) A tarpaulin or other flexible waterproof sheeting selling for $50 or less.
(d) An item normally sold as, or generally advertised as, a ground anchor system or tie-down kit and selling for $50 or less.
(d) An item normally sold as, or generally advertised as, a ground anchor system or tie-down kit selling for $50 or less.
(f) A package of AAA-cell, AA-cell, C-cell, D-cell, 6-volt, or 9-volt batteries, excluding automobile and boat batteries, selling for $30 or less.
(f) A package of AA-cell, AAA-cell, C-cell, D-cell, 6-volt, or 9-volt batteries, excluding automobile and boat batteries, selling for $30 or less.
(h) A portable generator used to provide light or communications or preserve food in the event of a power outage and selling for $750 or less.
(h) A portable generator used to provide light or communications or preserve food in the event of a power outage selling for $750 or less.
(j) Impact-resistant windows, when sold in units of 20 or fewer.
(2) The tax exemptions provided in this section do not apply to sales within a theme park or entertainment complex as defined in s.
(k) Impact-resistant doors, when sold in units of 10 or fewer.
509.013(9), Florida Statutes, within a public lodging establishment as defined in s.
43 The exemptions under paragraphs (j) and (k) apply to purchases made by an owner of residential real property where the impact resistant windows or impact-resistant doors will be installed.
509.013(4), Florida Statutes, or within an airport as defined in s.
(2) The Department of Revenue may, and all conditions are deemed met to, adopt emergency rules pursuant to s.
330.27(2), Florida Statutes.
120.54(4), Florida Statutes, to implement this section.
(3) This section shall take effect upon this act becoming a law.
Section 3. Clothing, school supplies, and personal computers and personal computer-related accessories sales tax holiday.— (1) The tax levied under chapter 212, Florida Statutes, may not be collected during the period from 12:01 a.m.
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on August 2, 2019, through 11:59 p.m.
on August 4, 2019, on the retail sale of:
(a) Clothing, wallets, or bags, including handbags, backpacks, fanny packs, and diaper bags, but excluding briefcases, suitcases, and other garment bags, having a sales price of $60 or less per item.
As used in this paragraph, the term “clothing” means:
1. Any article of wearing apparel intended to be worn on or about the human body, excluding watches, watchbands, jewelry, umbrellas, and handkerchiefs;
and 2. All footwear, excluding skis, swim fins, roller blades, and skates.
(b) School supplies having a sales price of $15 or less per item.
As used in this paragraph, the term “school supplies” means pens, pencils, erasers, crayons, notebooks, notebook filler paper, legal pads, binders, lunch boxes, construction paper, markers, folders, poster board, composition books, poster paper, scissors, cellophane tape, glue or paste, rulers, computer disks, flash drives, staplers and staples used to secure paper products, protractors, compasses, and calculators.
(2) The tax levied under chapter 212, Florida Statutes, may not be collected during the period from 12:01 a.m.
on August 2, 2019, through 11:59 p.m.
on August 4, 2019, on the first $1,000 of the sales price of personal computers or personal computer related accessories purchased for noncommercial home or personal use.
For purposes of this subsection, the term:
(a) “Personal computers” includes electronic book readers, laptops, desktops, handhelds, tablets, or tower computers.
The term does not include cellular telephones, video game consoles, digital media receivers, or devices that are not primarily designed to process data.
(b) “Personal computer-related accessories” includes keyboards, mice, personal digital assistants, monitors, other peripheral devices, modems, routers, and non-recreational software, regardless of whether the accessories are used in association with a personal computer base unit.
The term does not include furniture or systems, devices, software, or peripherals that are designed or intended primarily for recreational use.
The term “monitor” does not include any device that includes a television tuner.
Section 2. For the 2018-2019 fiscal year, the sum of $70,072 in nonrecurring funds is appropriated from the General Revenue Fund to the Department of Revenue for the purpose of implementing this act.
(4) The tax exemptions provided in this section may apply at the option of a dealer if less than 5 percent of the dealer’s gross sales of tangible personal property in the prior calendar year is comprised of items that would be exempt under this section.
Section 3. This act shall take effect upon becoming a law.
If a qualifying dealer chooses not to participate in the tax holiday, by August 1, 2019, the dealer must notify the Department of Revenue in writing of its election to collect sales tax during the holiday and must post a copy of that notice in a conspicuous location at its place of business.
(5) For the 2018-2019 fiscal year, the sum of $237,000 in nonrecurring funds is appropriated from the General Revenue Fund to the Department of Revenue for the purpose of implementing this section.
Funds remaining unexpended or unencumbered from this appropriation as of June 30, 2019, shall revert and be reappropriated for the same purpose in the 2019-2020 fiscal year.
(6) This section shall take effect upon this act becoming a law.
Section 4. Subsection (1) of section 218.131, Florida Statutes, is amended to read:
218.131 Offset for tax loss associated with reductions in value of certain residences due to specified hurricanes.— (1) In the 2019-2020 fiscal year, the Legislature shall appropriate moneys to offset the reductions in ad valorem tax revenue experienced by Monroe County and by fiscally constrained counties, as defined in s.
218.67(1), and all taxing jurisdictions within such counties, which occur as a direct result of the implementation of s.
197.318.
The moneys appropriated for this purpose shall be distributed in June January 2020 among the affected taxing jurisdictions based on each jurisdiction’s reduction in ad valorem tax revenue resulting from the implementation of s.
197.318.
Section 5. The Department of Revenue may, and all conditions are deemed met to, adopt emergency rules pursuant to s.
120.54(4), Florida Statutes, to administer sections 2 and 3 of this act.
This section shall take effect upon this act becoming a law.
Section 6. Except as otherwise expressly provided in this act and except for this section, which shall take effect upon this act becoming a law, this act shall take effect July 1, 2019.
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Action History

  1. Laid on Table, companion bill(s) passed, see CS/HB 7123 (Ch. 2019-42)

  2. Substituted CS/HB 7123

  3. Read 2nd time

  4. Retained on Special Order Calendar

  5. Placed on Special Order Calendar, 05/01/19

  6. Placed on Calendar, on 2nd reading

  7. CS/CS by Appropriations read 1st time

  8. Pending reference review -under Rule 4.7(2) - (Committee Substitute)

  9. CS/CS by- Appropriations; YEAS 19 NAYS 0

  10. On Committee agenda-- Appropriations, 04/18/19, 9:00 am, 412 Knott Building

  11. Now in Appropriations

  12. Favorable by Finance and Tax; YEAS 7 NAYS 0

  13. On Committee agenda-- Finance and Tax, 04/09/19, 4:00 pm, 401 Senate Building

  14. CS by Commerce and Tourism read 1st time

  15. Now in Finance and Tax

  16. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  17. CS by Commerce and Tourism; YEAS 5 NAYS 0

  18. On Committee agenda-- Commerce and Tourism, 03/18/19, 1:30 pm, 110 Senate Building

  19. Introduced

  20. Referred to Commerce and Tourism; Finance and Tax; Appropriations

  21. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 159 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (159)

159 members have not signed on to this bill.

Show all 159 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 19 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 15002
Republican 3000
Democrat 1000
Total 19002
% of votes cast 90%0%0%10%
How each member voted (21)
Member Party Vote
Book — Yea
Gainer — Not Voting
Hutson — Yea
Powell — Yea
Stewart — Yea
Thurston — Yea
Bean — Yea
Benacquisto — Yea
Brandes — Yea
Braynon — Yea
Flores — Yea
Gibson — Yea
Lee — Yea
Montford — Yea
Simmons — Yea
Stargel — Yea
Simpson — Not Voting
Rouson, Darryl Ervin Democrat Yea
Bradley, Jennifer Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea

Official roll call →

Favorable

Passed 7 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Republican 2000
No Party Affiliation 1000
Total 7001
% of votes cast 88%0%0%13%
How each member voted (8)
Member Party Vote
Bracy — Yea
Gainer — Not Voting
Powell — Yea
Baxley — Yea
Stargel — Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Bradley, Jennifer Republican Yea
Gruters, Joe Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors SB 1412?
SB 1412 is sponsored by Gruters, Joe (Republican).
What is the current status of SB 1412?
This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1412?
Track SB 1412 free on One Click Politics — get push/email alerts when it moves.

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