Florida 2023 Regular Session

Florida House Bill H7063 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14+A bill to be entitled 1
1515 An act relating to taxation; amending s. 125.01, F.S.; 2
1616 prohibiting a county from levying special assessments 3
1717 on certain lands; providing and deleting exceptions; 4
1818 providing applicability; deleting the definition of 5
1919 the term "agricultural pole barn"; amendin g s. 6
2020 125.0104, F.S.; requiring that certain tourist 7
2121 development taxes be enacted or renewed by referendum, 8
2222 rather than approval by governing boards; revising 9
2323 criteria for counties that may reimburse certain 10
2424 expenses from revenues received by a tourist 11
2525 development tax; requiring that a referendum to 12
2626 reenact such an expiring tax be held at a general 13
2727 election; limiting the occurrence of such a 14
2828 referendum; amending s. 125.0108, F.S.; requiring that 15
2929 a referendum to reenact an expiring tourist impact tax 16
3030 be held at a general election; limiting the occurrence 17
3131 of such a referendum; amending s. 125.901, F.S.; 18
3232 requiring that a referendum to approve a millage rate 19
3333 increase for a children's services independent special 20
3434 district property tax be held at a general election ; 21
3535 limiting the occurrence of such a referendum; amending 22
3636 s. 194.036, F.S.; revising a condition under which a 23
3737 property appraiser may appeal a decision of the value 24
3838 adjustment board; amending s. 196.081, F.S.; 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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4949
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5151 specifying that certain permanently and totally 26
5252 disabled veterans or their surviving spouses are 27
5353 entitled to, rather than may receive, a prorated 28
5454 refund of ad valorem taxes paid under certain 29
5555 circumstances; making clarifying changes relating to 30
5656 the transfer of homestead tax exemptions by surviving 31
5757 spouses of certain veterans and first responders; 32
5858 providing construction; expanding eligibility for the 33
5959 prorated refund; removing a limitation on when certain 34
6060 surviving spouses are exempt from a specified tax; 35
6161 exempting from ad valorem taxation the homestead 36
6262 property of the surviving spouse of a first responder 37
6363 who dies in the line of duty while employed by the 38
6464 United States Government; removing a limitation on 39
6565 when first responders and their surviving spouses are 40
6666 exempt from a specified tax; expanding the defi nition 41
6767 of the term "first responder" to include certain 42
6868 federal law enforcement officers; providing 43
6969 applicability; amending s. 196.196, F.S.; making a 44
7070 technical change; providing construction relating to 45
7171 tax-exempt property used for a religious purpose; 46
7272 amending s. 196.198, F.S.; adding circumstances under 47
7373 which certain property used exclusively for 48
7474 educational purposes is deemed owned by an educational 49
7575 institution; amending s. 197.319, F.S.; revising 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8686
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8888 definitions; revising requirements for applying for 51
8989 property tax refunds due to catastrophic events; 52
9090 revising duties of property appraisers and tax 53
9191 collectors; making technical changes; providing 54
9292 applicability; amending ss. 199.145 and 201.08, F.S.; 55
9393 providing requirements for taxation of specified loans 56
9494 in certain circumstances; amending s. 202.19, F.S.; 57
9595 revising the name of the discretionary communications 58
9696 services tax; requiring that a certain tax remain the 59
9797 same rate as it was on a specified past date until a 60
9898 specified future date; prohibiting a certain tax 61
9999 passed after a specified date from being added to the 62
100100 local communications services tax until a future date; 63
101101 amending s. 206.9952, F.S.; conforming provisions to 64
102102 changes made by the act; amending s. 206.9955, F.S.; 65
103103 delaying the effective date of certain tax es on 66
104104 natural gas fuel; amending s. 206.996, F.S.; 67
105105 conforming a provision to changes made by the act; 68
106106 amending s. 212.0306, F.S.; authorizing certain cities 69
107107 and towns to levy a local option food and beverage tax 70
108108 if adopted by ordinance approved by referend um; 71
109109 providing for the effective date of such tax levy; 72
110110 requiring that a referendum to reenact an expiring 73
111111 local option food and beverage tax be held at a 74
112112 general election; limiting the occurrence of such a 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
122122
123123
124124
125125 referendum; amending s. 212.031, F.S.; reducing th e 76
126126 tax levied on rental or license fees charged for the 77
127127 use of real property; amending s. 212.055, F.S.; 78
128128 requiring that a referendum to reenact a local 79
129129 government discretionary sales surtax be held at a 80
130130 general election; limiting the occurrence of such a 81
131131 referendum; amending s. 212.08, F.S.; exempting from 82
132132 sales and use tax the sale of materials used to 83
133133 construct or repair fencing used for certain purposes; 84
134134 defining the term "renewable natural gas"; providing a 85
135135 sales tax exemption for the purchase of certain 86
136136 machinery and equipment relating to renewable natural 87
137137 gas; requiring purchasers of such machinery and 88
138138 equipment to furnish the vendor with a certain 89
139139 affidavit; providing an exception; providing 90
140140 penalties, including a criminal penalty; authorizing 91
141141 the Department of Revenue to adopt rules; exempting 92
142142 the purchase of specified baby and toddler products 93
143143 from the sales and use tax; providing a presumption; 94
144144 exempting the sale for human use of diapers, 95
145145 incontinence undergarments, incontinence pads, and 96
146146 incontinence liners from the sales and use tax; 97
147147 exempting the sale of oral hygiene products from the 98
148148 sales and use tax; defining the term "oral hygiene 99
149149 products"; exempting the sale of certain firearm 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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160160
161161
162162 safety devices from the sales and use tax; defining 101
163163 the terms "private investigation services" and "small 102
164164 private investigative agency"; exempting the sale of 103
165165 private investigation services by a small private 104
166166 investigative agency to a client from the sales and 105
167167 use tax; providing applicability; amending s. 212.20, 106
168168 F.S.; requiring the Department of Revenue to annually 107
169169 distribute funds to the Florida Agricultural 108
170170 Promotional Campaign Trust Fund beginning on a 109
171171 specified date; providing for future repeal; amending 110
172172 s. 213.053, F.S.; revising information which the 111
173173 Department of Revenue may share with the Department of 112
174174 Environmental Protection to include changes made by 113
175175 the act; amending s. 220.02, F.S.; revising the order 114
176176 in which credits may be taken to include credits 115
177177 created by the act; amending s. 220.03, F.S.; revising 116
178178 the date of adoption of the Internal Revenue Code and 117
179179 other federal income tax statutes for purposes of the 118
180180 state corporate income tax; providing retroactive 119
181181 operation; amending s. 220.13, F.S.; requiring the 120
182182 addition of amounts taken for certain credits to 121
183183 taxable income; amending s. 220.1845, F.S.; increasing 122
184184 the amount of contaminated site rehabilitation tax 123
185185 credits which may be granted for each fiscal year; 124
186186 creating s. 220.199, F.S.; defining terms; providing a 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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197197
198198
199199 corporate income tax credit to developers and 126
200200 homebuilders for certain graywater systems purchased 127
201201 during the taxable year; specifying limits on credits 128
202202 received; specifying information the developer or 129
203203 homebuilder must provide; requiring the Department of 130
204204 Environmental Protection to make certain 131
205205 determinations and to certify such determinations 132
206206 within a specified timeframe; requiring such 133
207207 determinations be included on specified returns; 134
208208 prohibiting the certification of credits for tax years 135
209209 after a certain date; authorizing tax credits to be 136
210210 carried forward for up to a specified number of years; 137
211211 authorizing the Department of Revenue and the 138
212212 Department of Environmental Protection to adopt rules; 139
213213 providing for future repeal; creating s. 220.1991, 140
214214 F.S.; authorizing a corporate income tax credit for a 141
215215 portion of the cost of certain equipment used in the 142
216216 production of human breast milk derived human milk 143
217217 fortifiers; requiring such credit be reduced using a 144
218218 specified calculation; providing requirements for 145
219219 qualifying equipment; providing the maximum amount of 146
220220 credits available for each taxpayer for certain fiscal 147
221221 years; providing applicability; authorizing the 148
222222 Department of Revenue to adopt specified rules; 149
223223 providing requirements for certain forms; requiring 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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234234
235235
236236 the credit to be approved by the Department of Revenu e 151
237237 before it is used; requiring the Department of Revenue 152
238238 to take certain actions when processing applications; 153
239239 providing requirements for incomplete applications; 154
240240 authorizing credits to be carried forward for up to a 155
241241 specified number of years; authorizing credits to be 156
242242 used on a consolidated return in certain 157
243243 circumstances; prohibiting taxpayers from conveying, 158
244244 transferring, or assigning approved tax credits; 159
245245 providing an exception; requiring notification if such 160
246246 exception is used; requiring the Department of Revenue 161
247247 to take specified actions in relation to such 162
248248 notifications; providing requirements for a credit 163
249249 approved after a specified event; providing for the 164
250250 reduction of estimated payments in certain 165
251251 circumstances; providing for future repeal; amending 166
252252 s. 220.222, F.S.; requiring specified calculations 167
253253 relating to the underpayment of taxes to include the 168
254254 amount of certain credits; amending ss. 336.021 and 169
255255 336.025, F.S.; requiring that a referendum to adopt, 170
256256 amend, or reenact a ninth -cent fuel tax or loca l 171
257257 option fuel taxes, respectively, be held at a general 172
258258 election; limiting the occurrence of a referendum to 173
259259 reenact such a tax; amending s. 376.30781, F.S.; 174
260260 increasing the amount of tax credits for the 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
270270
271271
272272
273273 rehabilitation of drycleaning -solvent-contaminated 176
274274 sites and brownfield sites in designated brownfield 177
275275 areas which may be granted for each fiscal year; 178
276276 amending s. 402.62, F.S.; increasing the Strong 179
277277 Families Tax Credit cap; creating s. 550.09516, F.S.; 180
278278 providing for a credit for thoroughbred racing 181
279279 permitholders; requiring the Florida Gaming Control 182
280280 Commission to require sufficient documentation; 183
281281 authorizing permitholders to apply the credits monthly 184
282282 beginning on a specified annual date to certain taxes 185
283283 and fees; providing for expiration of credits; 186
284284 authorizing the commission to adopt rules; amending s. 187
285285 571.26, F.S.; requiring that certain funds be held 188
286286 separately in the trust fund for certain purposes; 189
287287 providing for the future expiration and reversion of 190
288288 specified statutory text; creating s. 571.265, F.S.; 191
289289 defining the terms "association" and "permitholder"; 192
290290 requiring that certain funds deposited into the trust 193
291291 fund be used for a specified purpose; providing for 194
292292 carryover of unused funds; specifying requirements for 195
293293 the use and distribution of funds; requirin g 196
294294 recipients to submit a report; providing for future 197
295295 repeal; exempting from sales and use tax the retail 198
296296 sale of certain clothing, wallets, bags, school 199
297297 supplies, learning aids and jigsaw puzzles, and 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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308308
309309
310310 personal computers and personal computer -related 201
311311 accessories during specified timeframes; defining 202
312312 terms; specifying locations where the tax exemptions 203
313313 do not apply; authorizing certain dealers to opt out 204
314314 of participating in the tax holiday, subject to 205
315315 certain requirements; authorizing the Department of 206
316316 Revenue to adopt emergency rules; exempting from sales 207
317317 and use tax specified disaster preparedness supplies 208
318318 during specified timeframes; defining terms; 209
319319 specifying locations where the tax exemptions do not 210
320320 apply; authorizing the Department of Revenue to adopt 211
321321 emergency rules; exempting from sales and use tax 212
322322 admissions to certain events, performances, and 213
323323 facilities, certain season tickets, and the retail 214
324324 sale of certain boating and water activity, camping, 215
325325 fishing, general outdoor, and residential pool 216
326326 supplies and sporting equipment during specified 217
327327 timeframes; defining terms; specifying locations where 218
328328 the tax exemptions do not apply; authorizing the 219
329329 Department of Revenue to adopt emergency rules; 220
330330 exempting from the sales and use tax the retail sale 221
331331 of certain tools during a specified timeframe; 222
332332 specifying locations where the tax exemptions do not 223
333333 apply; authorizing the Department of Revenue to adopt 224
334334 emergency rules; exempting from sales and use tax the 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
344344
345345
346346
347347 retail sale of new ENERGY STAR appliances during a 226
348348 specified timeframe; defining the term "ENERGY STAR 227
349349 appliance"; exempting from sales and use tax the 228
350350 retail sale of gas ranges and cooktops during a 229
351351 specified timeframe; defining the term "gas ranges and 230
352352 cooktops"; authorizing the Department of Revenue to 231
353353 adopt emergency rules; authorizing local taxing 232
354354 jurisdictions to apply to the Department of Revenue 233
355355 for a distribution to offset certain reductions in ad 234
356356 valorem tax revenue; providing application 235
357357 requirements; authorizing the Department of Revenue to 236
358358 adopt rules; providing for future repeal; providing 237
359359 appropriations; providing effective dates. 238
360360 239
361361 Be It Enacted by the Legislature of the State of Florida: 240
362362 241
363363 Section 1. Paragraph (r) of subsection (1) of section 242
364364 125.01, Florida Statutes, is amended to read: 243
365365 125.01 Powers and duties. — 244
366366 (1) The legislative and governing body of a county shall 245
367367 have the power to carry on county government. To the extent not 246
368368 inconsistent with general or special law, this power includes, 247
369369 but is not restricted to, the power to: 248
370370 (r) Levy and collect taxes, both for county purposes and 249
371371 for the providing of municipal services within any municipal 250
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
381381
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384384 service taxing unit, and special assessments; borrow and expend 251
385385 money; and issue bonds, revenue certificates, and other 252
386386 obligations of indebt edness, which power shall be exercised in 253
387387 such manner, and subject to such limitations, as may be provided 254
388388 by general law. There shall be no referendum required for the 255
389389 levy by a county of ad valorem taxes, both for county purposes 256
390390 and for the providing of municipal services within any municipal 257
391391 service taxing unit. 258
392392 1. Notwithstanding any other provision of law, a county 259
393393 may not levy special assessments for the provision of fire 260
394394 protection services on lands classified as agricultural lands 261
395395 under s. 193.461 unless the revenue from such assessments has 262
396396 been pledged for debt service and is necessary to meet 263
397397 obligations of bonds or certificates issued by the county which 264
398398 remain outstanding on July 1, 2023, including refundings thereof 265
399399 for debt service savings where the maturity of the debt is not 266
400400 extended. For bonds or certificates issued after July 1, 2023, 267
401401 special assessments securing such bonds may not be levied on 268
402402 lands classified as agricultural under s. 193.461. 269
403403 2. The provisions of subparagraph 1. do n ot apply to 270
404404 residential structures and their curtilage land contains a 271
405405 residential dwelling or nonresidential farm building, with the 272
406406 exception of an agricultural pole barn, provided the 273
407407 nonresidential farm building exceeds a just value of $10,000 . 274
408408 Such special assessments must be based solely on the special 275
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417417 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
418418
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421421 benefit accruing to that portion of the land consisting of the 276
422422 residential dwelling and curtilage, and qualifying 277
423423 nonresidential farm buildings. As used in this paragraph, the 278
424424 term "agricultural pole ba rn" means a nonresidential farm 279
425425 building in which 70 percent or more of the perimeter walls are 280
426426 permanently open and allow free ingress and egress. 281
427427 Section 2. Paragraphs (d), (l), (m), and (n) of subsection 282
428428 (3), subsection (4), paragraph (c) of subsect ion (5), and 283
429429 subsection (6) of section 125.0104, Florida Statutes, are 284
430430 amended to read: 285
431431 125.0104 Tourist development tax; procedure for levying; 286
432432 authorized uses; referendum; enforcement. — 287
433433 (3) TAXABLE PRIVILEGES; EXEMPTIONS; LEVY; RATE. — 288
434434 (d) In addition to any 1-percent or 2-percent tax imposed 289
435435 under paragraph (c), the governing board of the county may levy, 290
436436 impose, and set an additional 1 percent of each dollar above the 291
437437 tax rate set under paragraph (c) by the extraordinary vote of 292
438438 the governing board for the purposes set forth in subsection (5) 293
439439 or by referendum of approval by the registered electors within 294
440440 the county or subcounty special district pursuant to subsection 295
441441 (6). A No county may not shall levy, impose, and set the tax 296
442442 authorized under this paragraph unless the county has imposed 297
443443 the 1-percent or 2-percent tax authorized under paragraph (c) 298
444444 for a minimum of 3 years before prior to the effective date of 299
445445 the levy and imposition of the tax authorized by this paragraph. 300
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454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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456456
457457
458458 Revenues raised by the add itional tax authorized under this 301
459459 paragraph may shall not be used for debt service on or 302
460460 refinancing of existing facilities as specified in subparagraph 303
461461 (5)(a)1. unless approved by referendum pursuant to subsection 304
462462 (6) a resolution adopted by an extraordin ary majority of the 305
463463 total membership of the governing board of the county . If the 1-306
464464 percent or 2-percent tax authorized in paragraph (c) is levied 307
465465 within a subcounty special taxing district, the additional tax 308
466466 authorized in this paragraph shall only be lev ied therein. The 309
467467 provisions of paragraphs (4)(a) -(d) shall not apply to the 310
468468 adoption of the additional tax authorized in this paragraph. The 311
469469 effective date of the levy and imposition of the tax authorized 312
470470 under this paragraph is shall be the first day of the second 313
471471 month following approval of the ordinance by referendum the 314
472472 governing board or the first day of any subsequent month as may 315
473473 be specified in the ordinance. A certified copy of such 316
474474 ordinance shall be furnished by the county to the Department of 317
475475 Revenue within 10 days after approval of such ordinance. 318
476476 (l) In addition to any other tax which is imposed pursuant 319
477477 to this section, a county may impose up to an additional 1 -320
478478 percent tax on the exercise of the privilege described in 321
479479 paragraph (a) by ordinance approved by referendum pursuant to 322
480480 subsection (6) majority vote of the governing board of the 323
481481 county in order to: 324
482482 1. Pay the debt service on bonds issued to finance the 325
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491491 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
492492
493493
494494
495495 construction, reconstruction, or renovation of a professional 326
496496 sports franchise facility, or the acquisition, construction, 327
497497 reconstruction, or renovation of a retained spring training 328
498498 franchise facility, either publicly owned and operated, or 329
499499 publicly owned and operated by the owner of a professional 330
500500 sports franchise or other lessee wit h sufficient expertise or 331
501501 financial capability to operate such facility, and to pay the 332
502502 planning and design costs incurred prior to the issuance of such 333
503503 bonds. 334
504504 2. Pay the debt service on bonds issued to finance the 335
505505 construction, reconstruction, or renovation of a convention 336
506506 center, and to pay the planning and design costs incurred prior 337
507507 to the issuance of such bonds. 338
508508 3. Pay the operation and maintenance costs of a convention 339
509509 center for a period of up to 10 years. Only counties that have 340
510510 elected to levy the tax for the purposes authorized in 341
511511 subparagraph 2. may use the tax for the purposes enumerated in 342
512512 this subparagraph. Any county that elects to levy the tax for 343
513513 the purposes authorized in subparagraph 2. after July 1, 2000, 344
514514 may use the proceeds of the tax to pay the operation and 345
515515 maintenance costs of a convention center for the life of the 346
516516 bonds. 347
517517 4. Promote and advertise tourism in the State of Florida 348
518518 and nationally and internationally; however, if tax revenues are 349
519519 expended for an activity, serv ice, venue, or event, the 350
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528528 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
529529
530530
531531
532532 activity, service, venue, or event shall have as one of its main 351
533533 purposes the attraction of tourists as evidenced by the 352
534534 promotion of the activity, service, venue, or event to tourists. 353
535535 354
536536 The provision of paragraph (b) which prohib its any county 355
537537 authorized to levy a convention development tax pursuant to s. 356
538538 212.0305 from levying more than the 2 -percent tax authorized by 357
539539 this section, and the provisions of paragraphs (4)(a) -(d), shall 358
540540 not apply to the additional tax authorized in thi s paragraph. 359
541541 The effective date of the levy and imposition of the tax 360
542542 authorized under this paragraph is shall be the first day of the 361
543543 second month following approval of the ordinance by referendum 362
544544 the governing board or the first day of any subsequent mon th as 363
545545 may be specified in the ordinance. A certified copy of such 364
546546 ordinance shall be furnished by the county to the Department of 365
547547 Revenue within 10 days after approval of such ordinance. 366
548548 (m)1. In addition to any other tax which is imposed 367
549549 pursuant to this section, a high tourism impact county may 368
550550 impose an additional 1 -percent tax on the exercise of the 369
551551 privilege described in paragraph (a) by ordinance approved by 370
552552 referendum pursuant to subsection (6) extraordinary vote of the 371
553553 governing board of the count y. The tax revenues received 372
554554 pursuant to this paragraph shall be used for one or more of the 373
555555 authorized uses pursuant to subsection (5). 374
556556 2. A county is considered to be a high tourism impact 375
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565565 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566566
567567
568568
569569 county after the Department of Revenue has certified to such 376
570570 county that the sales subject to the tax levied pursuant to this 377
571571 section exceeded $600 million during the previous calendar year, 378
572572 or were at least 18 percent of the county's total taxable sales 379
573573 under chapter 212 where the sales subject to the tax levied 380
574574 pursuant to this section were a minimum of $200 million, except 381
575575 that no county authorized to levy a convention development tax 382
576576 pursuant to s. 212.0305 shall be considered a high tourism 383
577577 impact county. Once a county qualifies as a high tourism impact 384
578578 county, it shall retain this designation for the period the tax 385
579579 is levied pursuant to this paragraph. 386
580580 3. The provisions of paragraphs (4)(a) -(d) shall not apply 387
581581 to the adoption of the additional tax authorized in this 388
582582 paragraph. The effective date of the levy and imposition of the 389
583583 tax authorized under this paragraph is shall be the first day of 390
584584 the second month following approval of the ordinance by 391
585585 referendum the governing board or the first day of any 392
586586 subsequent month as may be specified in the ordinance. A 393
587587 certified copy of such ordinance shall be furnished by the 394
588588 county to the Department of Revenue within 10 days after 395
589589 approval of such ordinance. 396
590590 (n) In addition to any other tax that is imposed under 397
591591 this section, a county t hat has imposed the tax under paragraph 398
592592 (l) may impose an additional tax that is no greater than 1 399
593593 percent on the exercise of the privilege described in paragraph 400
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602602 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603603
604604
605605
606606 (a) by ordinance approved by referendum pursuant to subsection 401
607607 (6) a majority plus one vote o f the membership of the board of 402
608608 county commissioners in order to: 403
609609 1. Pay the debt service on bonds issued to finance: 404
610610 a. The construction, reconstruction, or renovation of a 405
611611 facility either publicly owned and operated, or publicly owned 406
612612 and operated by the owner of a professional sports franchise or 407
613613 other lessee with sufficient expertise or financial capability 408
614614 to operate such facility, and to pay the planning and design 409
615615 costs incurred prior to the issuance of such bonds for a new 410
616616 professional sports f ranchise as defined in s. 288.1162. 411
617617 b. The acquisition, construction, reconstruction, or 412
618618 renovation of a facility either publicly owned and operated, or 413
619619 publicly owned and operated by the owner of a professional 414
620620 sports franchise or other lessee with suff icient expertise or 415
621621 financial capability to operate such facility, and to pay the 416
622622 planning and design costs incurred prior to the issuance of such 417
623623 bonds for a retained spring training franchise. 418
624624 2. Promote and advertise tourism in the State of Florida 419
625625 and nationally and internationally; however, if tax revenues are 420
626626 expended for an activity, service, venue, or event, the 421
627627 activity, service, venue, or event shall have as one of its main 422
628628 purposes the attraction of tourists as evidenced by the 423
629629 promotion of the activity, service, venue, or event to tourists. 424
630630 425
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639639 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640640
641641
642642
643643 A county that imposes the tax authorized in this paragraph may 426
644644 not expend any ad valorem tax revenues for the acquisition, 427
645645 construction, reconstruction, or renovation of a facility for 428
646646 which tax revenues ar e used pursuant to subparagraph 1. The 429
647647 provision of paragraph (b) which prohibits any county authorized 430
648648 to levy a convention development tax pursuant to s. 212.0305 431
649649 from levying more than the 2 -percent tax authorized by this 432
650650 section shall not apply to the additional tax authorized by this 433
651651 paragraph in counties which levy convention development taxes 434
652652 pursuant to s. 212.0305(4)(a). Subsection (4) does not apply to 435
653653 the adoption of the additional tax authorized in this paragraph. 436
654654 The effective date of the levy and imposition of the tax 437
655655 authorized under this paragraph is the first day of the second 438
656656 month following approval of the ordinance by referendum the 439
657657 board of county commissioners or the first day of any subsequent 440
658658 month specified in the ordinance. A certif ied copy of such 441
659659 ordinance shall be furnished by the county to the Department of 442
660660 Revenue within 10 days after approval of the ordinance. 443
661661 (4) ORDINANCE LEVY TAX; PROCEDURE. — 444
662662 (a) The tourist development tax shall be levied and 445
663663 imposed pursuant to an ordi nance containing the county tourist 446
664664 development plan prescribed under paragraph (c), enacted by the 447
665665 governing board of the county. The ordinance levying and 448
666666 imposing the tourist development tax shall not be effective 449
667667 unless the electors of the county or th e electors in the 450
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676676 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677677
678678
679679
680680 subcounty special district in which the tax is to be levied 451
681681 approve the ordinance authorizing the levy and imposition of the 452
682682 tax, in accordance with subsection (6). The effective date of 453
683683 the levy and imposition of the tax is shall be the first day of 454
684684 the second month following approval of the ordinance by 455
685685 referendum, as prescribed in subsection (6), or the first day of 456
686686 any subsequent month as may be specified in the ordinance. A 457
687687 certified copy of the ordinance shall be furnished by the cou nty 458
688688 to the Department of Revenue within 10 days after approval of 459
689689 such ordinance. The governing authority of any county levying 460
690690 such tax shall notify the department, within 10 days after 461
691691 approval of the ordinance by referendum, of the time period 462
692692 during which the tax will be levied. 463
693693 (b) At least 60 days before prior to the enactment or 464
694694 renewal of the ordinance levying the tax, the governing board of 465
695695 the county shall adopt a resolution establishing and appointing 466
696696 the members of the county tourist developme nt council, as 467
697697 prescribed in paragraph (e), and indicating the intention of the 468
698698 county to consider the enactment or renewal of an ordinance 469
699699 levying and imposing the tourist development tax. 470
700700 (c) Before a referendum to enact or renew Prior to 471
701701 enactment of the ordinance levying and imposing the tax, the 472
702702 county tourist development council shall prepare and submit to 473
703703 the governing board of the county for its approval a plan for 474
704704 tourist development. The plan shall set forth the anticipated 475
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713713 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714714
715715
716716
717717 net tourist developme nt tax revenue to be derived by the county 476
718718 for the 24 months following the levy of the tax; the tax 477
719719 district in which the enactment or renewal of the ordinance 478
720720 levying and imposing the tourist development tax is proposed; 479
721721 and a list, in the order of priori ty, of the proposed uses of 480
722722 the tax revenue by specific project or special use as the same 481
723723 are authorized under subsection (5). The plan shall include the 482
724724 approximate cost or expense allocation for each specific project 483
725725 or special use. 484
726726 (d) The governing board of the county shall adopt the 485
727727 county plan for tourist development as part of the ordinance 486
728728 levying the tax. After enactment or renewal of the ordinance 487
729729 levying and imposing the tax, the plan of tourist development 488
730730 may not be substantially amended exc ept by ordinance enacted by 489
731731 an affirmative vote of a majority plus one additional member of 490
732732 the governing board. 491
733733 (e) The governing board of each county which levies and 492
734734 imposes a tourist development tax under this section shall 493
735735 appoint an advisory counci l to be known as the "...(name of 494
736736 county)... Tourist Development Council." The council shall be 495
737737 established by ordinance and composed of nine members who shall 496
738738 be appointed by the governing board. The chair of the governing 497
739739 board of the county or any other member of the governing board 498
740740 as designated by the chair shall serve on the council. Two 499
741741 members of the council shall be elected municipal officials, at 500
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750750 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751751
752752
753753
754754 least one of whom shall be from the most populous municipality 501
755755 in the county or subcounty special taxi ng district in which the 502
756756 tax is levied. Six members of the council shall be persons who 503
757757 are involved in the tourist industry and who have demonstrated 504
758758 an interest in tourist development, of which members, not less 505
759759 than three nor more than four shall be own ers or operators of 506
760760 motels, hotels, recreational vehicle parks, or other tourist 507
761761 accommodations in the county and subject to the tax. All members 508
762762 of the council shall be electors of the county. The governing 509
763763 board of the county shall have the option of des ignating the 510
764764 chair of the council or allowing the council to elect a chair. 511
765765 The chair shall be appointed or elected annually and may be 512
766766 reelected or reappointed. The members of the council shall serve 513
767767 for staggered terms of 4 years. The terms of office of the 514
768768 original members shall be prescribed in the resolution required 515
769769 under paragraph (b). The council shall meet at least once each 516
770770 quarter and, from time to time, shall make recommendations to 517
771771 the county governing board for the effective operation of the 518
772772 special projects or for uses of the tourist development tax 519
773773 revenue and perform such other duties as may be prescribed by 520
774774 county ordinance or resolution. The council shall continuously 521
775775 review expenditures of revenues from the tourist development 522
776776 trust fund and shall receive, at least quarterly, expenditure 523
777777 reports from the county governing board or its designee. 524
778778 Expenditures which the council believes to be unauthorized shall 525
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787787 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788788
789789
790790
791791 be reported to the county governing board and the Department of 526
792792 Revenue. The governing board and the department shall review the 527
793793 findings of the council and take appropriate administrative or 528
794794 judicial action to ensure compliance with this section. The 529
795795 changes in the composition of the membership of the tourist 530
796796 development council mandate d by chapter 86-4, Laws of Florida, 531
797797 and this act shall not cause the interruption of the current 532
798798 term of any person who is a member of a council on October 1, 533
799799 1996. 534
800800 (5) AUTHORIZED USES OF REVENUE. — 535
801801 (c) A county located adjacent to the Gulf of Mexico or the 536
802802 Atlantic Ocean, except a county that receives revenue from taxes 537
803803 levied pursuant to s. 125.0108, which meets the following 538
804804 criteria may use up to 10 percent of the tax revenue received 539
805805 pursuant to this section to reimburse expenses incurred in 540
806806 providing public safety services, including emergency medical 541
807807 services as defined in s. 401.107(3), and law enforcement 542
808808 services, which are needed to address impacts related to 543
809809 increased tourism and visitors to an area. However, if taxes 544
810810 collected pursuant to thi s section are used to reimburse 545
811811 emergency medical services or public safety services for tourism 546
812812 or special events, the governing board of a county or 547
813813 municipality may not use such taxes to supplant the normal 548
814814 operating expenses of an emergency medical ser vices department, 549
815815 a fire department, a sheriff's office, or a police department. 550
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824824 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825825
826826
827827
828828 To receive reimbursement, the county must: 551
829829 1.a. Generate a minimum of $10 million in annual proceeds 552
830830 from any tax, or any combination of taxes, authorized to be 553
831831 levied pursuant to this section; 554
832832 b.2. Have at least three municipalities; and 555
833833 c.3. Have an estimated population of less than 275,000 556
834834 225,000, according to the most recent population estimate 557
835835 prepared pursuant to s. 186.901, excluding the inmate 558
836836 population; or 559
837837 2. Be a fiscally constrained county as described in s. 560
838838 218.67(1). 561
839839 562
840840 The board of county commissioners must by majority vote approve 563
841841 reimbursement made pursuant to this paragraph upon receipt of a 564
842842 recommendation from the tourist development council. 565
843843 (6) REFERENDUM.— 566
844844 (a) An No ordinance enacted or renewed by a any county 567
845845 levying the tax authorized by this section may not paragraphs 568
846846 (3)(b) and (c) shall take effect until the ordinance levying and 569
847847 imposing the tax has been approved in a referendum held at a 570
848848 general election, as defined in s. 97.021, by a majority of the 571
849849 electors voting in such election in the county or by a majority 572
850850 of the electors voting in the subcounty special tax district 573
851851 affected by the tax. 574
852852 (b) The governing board of the county levy ing the tax 575
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861861 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862862
863863
864864
865865 shall arrange to place a question on the ballot at a general 576
866866 election, as defined in s. 97.021, to be held within the county, 577
867867 which question shall be in substantially the following form: 578
868868 ....FOR the Tourist Development Tax 579
869869 ....AGAINST the Tourist Development Tax. 580
870870 (c) If a majority of the electors voting on the question 581
871871 approve the levy, the ordinance shall be deemed to be in effect. 582
872872 (d) In any case where an ordinance a referendum levying 583
873873 and imposing the tax has been approved by referendum pursuant to 584
874874 this section and 15 percent of the electors in the county or 15 585
875875 percent of the electors in the subcounty special district in 586
876876 which the tax is levied file a petition with the board of county 587
877877 commissioners for a referendum to repeal the tax, the board of 588
878878 county commissioners shall cause an election to be held for the 589
879879 repeal of the tax which election shall be subject only to the 590
880880 outstanding bonds for which the tax has been pledged. However, 591
881881 the repeal of the tax shall not be effective with respect to any 592
882882 portion of taxes initially levied in November 1989, which has 593
883883 been pledged or is being used to support bonds under paragraph 594
884884 (3)(d) or paragraph (3)(l) until the retirement of those bonds. 595
885885 (e) A referendum to reenact an expiring tourist 596
886886 development tax must be held at a general election occurring 597
887887 within the 48-month period immediately preceding the effective 598
888888 date of the reenacted tax, and the referendum may appear on the 599
889889 ballot only once within the 48 -month period. 600
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898898 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
899899
900900
901901
902902 Section 3. Subsection (5) of section 125.0108, Florida 601
903903 Statutes, is amended to read: 602
904904 125.0108 Areas of critical state concern; tourist impact 603
905905 tax.— 604
906906 (5) The tourist impact tax authorized by this section 605
907907 shall take effect only upon express approval by a majority vote 606
908908 of those qualified electors in the area or areas of critical 607
909909 state concern in the county seeking to levy such tax, voting in 608
910910 a referendum to be held in conjunction with a general election, 609
911911 as defined in s. 97.021. However, if the area or areas of 610
912912 critical state concern are greater than 50 percent of the land 611
913913 area of the county and the tax is to be imposed throughout the 612
914914 entire county, the tax shall take effect only upon express 613
915915 approval of a majority of the qualified electors of the county 614
916916 voting in such a referendum. A referendum to reenact an expiring 615
917917 tourist impact tax must be held at a general election occurring 616
918918 within the 48-month period immediately preceding the effective 617
919919 date of the reenacted tax, and the referendum may appear on the 618
920920 ballot only once within the 48 -month period. 619
921921 Section 4. Subsection (1) of section 125.901, Florida 620
922922 Statutes, is amended to read: 621
923923 125.901 Children's services; independent special district; 622
924924 council; powers, duties, and functions; public records 623
925925 exemption.— 624
926926 (1) Each county may by ordinance create an independent 625
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935935 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
936936
937937
938938
939939 special district, as defined in ss. 189.012 and 200.001(8)(e), 626
940940 to provide funding for children's services throughout the county 627
941941 in accordance with this section. The boundaries of such district 628
942942 shall be coterminous with the boundaries of the county. The 629
943943 county governing body shall obtain approval at a general 630
944944 election, as defined in s. 97.021, by a majority vote of those 631
945945 electors voting on the question, to annually levy ad valorem 632
946946 taxes which shall not exceed the maximum millage rate authorized 633
947947 by this section. Any district created pursuant to the provisions 634
948948 of this subsection shall be required to levy and fix millage 635
949949 subject to the provisions of s. 200.065. Once such millage is 636
950950 approved by the electorat e, the district shall not be required 637
951951 to seek approval of the electorate in future years to levy the 638
952952 previously approved millage. However, a referendum to increase 639
953953 the millage rate previously approved by the electors must be 640
954954 held at a general election, and the referendum may be held only 641
955955 once during the 48-month period preceding the effective date of 642
956956 the increased millage. 643
957957 (a) The governing body of the district shall be a council 644
958958 on children's services, which may also be known as a juvenile 645
959959 welfare board or similar name as established in the ordinance by 646
960960 the county governing body. Such council shall consist of 10 647
961961 members, including the superintendent of schools; a local school 648
962962 board member; the district administrator from the appropriate 649
963963 district of the Department of Children and Families, or his or 650
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972972 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
973973
974974
975975
976976 her designee who is a member of the Senior Management Service or 651
977977 of the Selected Exempt Service; one member of the county 652
978978 governing body; and the judge assigned to juvenile cases who 653
979979 shall sit as a voting member of the board, except that said 654
980980 judge shall not vote or participate in the setting of ad valorem 655
981981 taxes under this section. If there is more than one judge 656
982982 assigned to juvenile cases in a county, the chief judge shall 657
983983 designate one of said juvenile judges t o serve on the board. The 658
984984 remaining five members shall be appointed by the Governor, and 659
985985 shall, to the extent possible, represent the demographic 660
986986 diversity of the population of the county. After soliciting 661
987987 recommendations from the public, the county govern ing body shall 662
988988 submit to the Governor the names of at least three persons for 663
989989 each vacancy occurring among the five members appointed by the 664
990990 Governor, and the Governor shall appoint members to the council 665
991991 from the candidates nominated by the county governi ng body. The 666
992992 Governor shall make a selection within a 45 -day period or 667
993993 request a new list of candidates. All members appointed by the 668
994994 Governor shall have been residents of the county for the 669
995995 previous 24-month period. Such members shall be appointed for 4 -670
996996 year terms, except that the length of the terms of the initial 671
997997 appointees shall be adjusted to stagger the terms. The Governor 672
998998 may remove a member for cause or upon the written petition of 673
999999 the county governing body. If any of the members of the council 674
10001000 required to be appointed by the Governor under the provisions of 675
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10091009 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10101010
10111011
10121012
10131013 this subsection shall resign, die, or be removed from office, 676
10141014 the vacancy thereby created shall, as soon as practicable, be 677
10151015 filled by appointment by the Governor, using the same method as 678
10161016 the original appointment, and such appointment to fill a vacancy 679
10171017 shall be for the unexpired term of the person who resigns, dies, 680
10181018 or is removed from office. 681
10191019 (b) However, any county as defined in s. 125.011(1) may 682
10201020 instead have a governing body consisting of 33 m embers, 683
10211021 including the superintendent of schools, or his or her designee; 684
10221022 two representatives of public postsecondary education 685
10231023 institutions located in the county; the county manager or the 686
10241024 equivalent county officer; the district administrator from the 687
10251025 appropriate district of the Department of Children and Families, 688
10261026 or the administrator's designee who is a member of the Senior 689
10271027 Management Service or the Selected Exempt Service; the director 690
10281028 of the county health department or the director's designee; the 691
10291029 state attorney for the county or the state attorney's designee; 692
10301030 the chief judge assigned to juvenile cases, or another juvenile 693
10311031 judge who is the chief judge's designee and who shall sit as a 694
10321032 voting member of the board, except that the judge may not vote 695
10331033 or participate in setting ad valorem taxes under this section; 696
10341034 an individual who is selected by the board of the local United 697
10351035 Way or its equivalent; a member of a locally recognized faith -698
10361036 based coalition, selected by that coalition; a member of the 699
10371037 local chamber of commerce, selected by that chamber or, if more 700
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10461046 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10471047
10481048
10491049
10501050 than one chamber exists within the county, a person selected by 701
10511051 a coalition of the local chambers; a member of the early 702
10521052 learning coalition, selected by that coalition; a representative 703
10531053 of a labor organizat ion or union active in the county; a member 704
10541054 of a local alliance or coalition engaged in cross -system 705
10551055 planning for health and social service delivery in the county, 706
10561056 selected by that alliance or coalition; a member of the local 707
10571057 Parent-Teachers Association/Pa rent-Teacher-Student Association, 708
10581058 selected by that association; a youth representative selected by 709
10591059 the local school system's student government; a local school 710
10601060 board member appointed by the chair of the school board; the 711
10611061 mayor of the county or the mayor's designee; one member of the 712
10621062 county governing body, appointed by the chair of that body; a 713
10631063 member of the state Legislature who represents residents of the 714
10641064 county, selected by the chair of the local legislative 715
10651065 delegation; an elected official representing th e residents of a 716
10661066 municipality in the county, selected by the county municipal 717
10671067 league; and 4 members -at-large, appointed to the council by the 718
10681068 majority of sitting council members. The remaining 7 members 719
10691069 shall be appointed by the Governor in accordance with procedures 720
10701070 set forth in paragraph (a), except that the Governor may remove 721
10711071 a member for cause or upon the written petition of the council. 722
10721072 Appointments by the Governor must, to the extent reasonably 723
10731073 possible, represent the geographic and demographic diver sity of 724
10741074 the population of the county. Members who are appointed to the 725
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10831083 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10841084
10851085
10861086
10871087 council by reason of their position are not subject to the 726
10881088 length of terms and limits on consecutive terms as provided in 727
10891089 this section. The remaining appointed members of the governing 728
10901090 body shall be appointed to serve 2 -year terms, except that those 729
10911091 members appointed by the Governor shall be appointed to serve 4 -730
10921092 year terms, and the youth representative and the legislative 731
10931093 delegate shall be appointed to serve 1 -year terms. A member may 732
10941094 be reappointed; however, a member may not serve for more than 733
10951095 three consecutive terms. A member is eligible to be appointed 734
10961096 again after a 2-year hiatus from the council. 735
10971097 (c) This subsection does not prohibit a county from 736
10981098 exercising such power as is provid ed by general or special law 737
10991099 to provide children's services or to create a special district 738
11001100 to provide such services. 739
11011101 Section 5. Subsection (1) of section 194.036, Florida 740
11021102 Statutes, is amended to read: 741
11031103 194.036 Appeals.—Appeals of the decisions of the board 742
11041104 shall be as follows: 743
11051105 (1) If the property appraiser disagrees with the decision 744
11061106 of the board, he or she may appeal the decision to the circuit 745
11071107 court if one or more of the following criteria are met: 746
11081108 (a) The property appraiser determines and affir matively 747
11091109 asserts in any legal proceeding that there is a specific 748
11101110 constitutional or statutory violation, or a specific violation 749
11111111 of administrative rules, in the decision of the board, except 750
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11201120 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11211121
11221122
11231123
11241124 that nothing herein shall authorize the property appraiser to 751
11251125 institute any suit to challenge the validity of any portion of 752
11261126 the constitution or of any duly enacted legislative act of this 753
11271127 state.; 754
11281128 (b) There is a variance from the property appraiser's 755
11291129 assessed value in excess of the following: 20 15 percent 756
11301130 variance from any assessment of $250,000 $50,000 or less; 15 10 757
11311131 percent variance from any assessment in excess of $250,000 758
11321132 $50,000 but not in excess of $1 million $500,000; 10 7.5 percent 759
11331133 variance from any assessment in excess of $1 million $500,000 760
11341134 but not in excess of $2.5 $1 million; or 5 percent variance from 761
11351135 any assessment in excess of $2.5 $1 million.; or 762
11361136 (c) There is an assertion by the property appraiser to the 763
11371137 Department of Revenue that there exists a consistent and 764
11381138 continuous violation of the intent of the law or administrative 765
11391139 rules by the value adjustment board in its decisions. The 766
11401140 property appraiser shall notify the department of those portions 767
11411141 of the tax roll for which the assertion is made. The department 768
11421142 shall thereupon notify the clerk of the board who shall, within 769
11431143 15 days of the notification by the department, send the written 770
11441144 decisions of the board to the department. Within 30 days of the 771
11451145 receipt of the decisions by the department, the department shall 772
11461146 notify the property appraiser of its decision relative to 773
11471147 further judicial proceedings. If the department finds upon 774
11481148 investigation that a consistent and continuous violation of the 775
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11571157 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11581158
11591159
11601160
11611161 intent of the law or administrative rules by the board has 776
11621162 occurred, it shall so inform the property appraiser, who may 777
11631163 thereupon bring suit in circuit court against the value 778
11641164 adjustment board for injunctive relief to prohibit continuation 779
11651165 of the violation of the law or administrative rules and for a 780
11661166 mandatory injunction to restore the tax roll to its just value 781
11671167 in such amount as determined by judicial proceeding. However, 782
11681168 when a final judicial decision is rendered as a result of an 783
11691169 appeal filed pursuant to this paragraph which alters or changes 784
11701170 an assessment of a parcel of property of any taxpayer not a 785
11711171 party to such proced ure, such taxpayer shall have 60 days from 786
11721172 the date of the final judicial decision to file an action to 787
11731173 contest such altered or changed assessment pursuant to s. 788
11741174 194.171(1), and the provisions of s. 194.171(2) shall not bar 789
11751175 such action. 790
11761176 Section 6. Effective upon this act becoming a law, 791
11771177 paragraph (b) of subsection (1), subsection (3), paragraph (b) 792
11781178 of subsection (4), and paragraph (b) of subsection (6) of 793
11791179 section 196.081, Florida Statutes, are amended to read: 794
11801180 196.081 Exemption for certain permanently and totally 795
11811181 disabled veterans and for surviving spouses of veterans; 796
11821182 exemption for surviving spouses of first responders who die in 797
11831183 the line of duty.— 798
11841184 (1) 799
11851185 (b) If legal or beneficial title to property is acquired 800
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11941194 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11951195
11961196
11971197
11981198 between January 1 and November 1 of any year by a veteran or his 801
11991199 or her surviving spouse receiving an exemption under this 802
12001200 section on another property for that tax year, the veteran or 803
12011201 his or her surviving spouse is entitled to may receive a refund, 804
12021202 prorated as of the date of transfer, of the ad valorem taxes 805
12031203 paid for the newly acquired property if he or she applies for 806
12041204 and receives an exemption under this section for the newly 807
12051205 acquired property in the next tax year. If the property 808
12061206 appraiser finds that the applicant is entitled to an exemption 809
12071207 under this section for the newly acquired property, the property 810
12081208 appraiser shall immediately make such entries upon the tax rolls 811
12091209 of the county that are necessary to allow the prorated refund of 812
12101210 taxes for the previous tax year. 813
12111211 (3) If the totally and perm anently disabled veteran 814
12121212 predeceases his or her spouse and if, upon the death of the 815
12131213 veteran, the spouse holds the legal or beneficial title to the 816
12141214 homestead and permanently resides thereon as specified in s. 817
12151215 196.031, the exemption from taxation carries ov er to the benefit 818
12161216 of the veteran's spouse until such time as he or she remarries 819
12171217 or sells or otherwise disposes of the property. If the spouse 820
12181218 sells the property, the spouse may transfer an exemption not to 821
12191219 exceed the amount granted from the most recent ad valorem tax 822
12201220 roll may be transferred to his or her new residence, as long as 823
12211221 it is used as his or her primary residence and he or she does 824
12221222 not remarry. 825
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12311231 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
12321232
12331233
12341234
12351235 (4) Any real estate that is owned and used as a homestead 826
12361236 by the surviving spouse of a veteran who die d from service-827
12371237 connected causes while on active duty as a member of the United 828
12381238 States Armed Forces and for whom a letter from the United States 829
12391239 Government or United States Department of Veterans Affairs or 830
12401240 its predecessor has been issued certifying that th e veteran who 831
12411241 died from service-connected causes while on active duty is 832
12421242 exempt from taxation if the veteran was a permanent resident of 833
12431243 this state on January 1 of the year in which the veteran died. 834
12441244 (b) The tax exemption carries over to the benefit of the 835
12451245 veteran's surviving spouse as long as the spouse holds the legal 836
12461246 or beneficial title to the homestead, permanently resides 837
12471247 thereon as specified in s. 196.031, and does not remarry. If the 838
12481248 surviving spouse sells the property, the spouse may transfer an 839
12491249 exemption not to exceed the amount granted under the most recent 840
12501250 ad valorem tax roll may be transferred to his or her new 841
12511251 residence as long as it is used as his or her primary residence 842
12521252 and he or she does not remarry. 843
12531253 (6) Any real estate that is owned and used as a homestead 844
12541254 by the surviving spouse of a first responder who died in the 845
12551255 line of duty while employed by the state or any political 846
12561256 subdivision of the state, including authorities and special 847
12571257 districts, and for whom a letter from the state or appropriate 848
12581258 political subdivision of the state, or other authority or 849
12591259 special district, has been issued which legally recognizes and 850
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12681268 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
12691269
12701270
12711271
12721272 certifies that the first responder died in the line of duty 851
12731273 while employed as a first responder is exempt from taxation if 852
12741274 the first responder and his or her surviving spouse were 853
12751275 permanent residents of this state on January 1 of the year in 854
12761276 which the first responder died. 855
12771277 (b) The tax exemption applies as long as the survivin g 856
12781278 spouse holds the legal or beneficial title to the homestead, 857
12791279 permanently resides thereon as specified in s. 196.031, and does 858
12801280 not remarry. If the surviving spouse sells the property, the 859
12811281 spouse may transfer an exemption not to exceed the amount 860
12821282 granted under the most recent ad valorem tax roll may be 861
12831283 transferred to his or her new residence if it is used as his or 862
12841284 her primary residence and he or she does not remarry. 863
12851285 Section 7. (1) The amendments made by section 6 of this 864
12861286 act to s. 196.081, Florida St atutes, are remedial and clarifying 865
12871287 in nature and do not provide a basis for an assessment of any 866
12881288 tax or create a right to a refund of any tax paid before the 867
12891289 date this act becomes a law. 868
12901290 (2) This section takes effect upon becoming a law. 869
12911291 Section 8. Paragraph (b) of subsection (1) and subsections 870
12921292 (4) and (6) of section 196.081, Florida Statutes, as amended by 871
12931293 this act, are amended to read: 872
12941294 196.081 Exemption for certain permanently and totally 873
12951295 disabled veterans and for surviving spouses of veterans; 874
12961296 exemption for surviving spouses of first responders who die in 875
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13051305 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13061306
13071307
13081308
13091309 the line of duty.— 876
13101310 (1) 877
13111311 (b)1. If legal or beneficial title to property is acquired 878
13121312 between January 1 and November 1 of any year by a veteran or his 879
13131313 or her surviving spouse receiving an exempt ion under this 880
13141314 section on another property for that tax year, the veteran or 881
13151315 his or her surviving spouse is entitled to a refund, prorated as 882
13161316 of the date of transfer, of the ad valorem taxes paid for the 883
13171317 newly acquired property if he or she applies for and receives an 884
13181318 exemption under this section for the newly acquired property in 885
13191319 the next tax year. If the property appraiser finds that the 886
13201320 applicant is entitled to an exemption under this section for the 887
13211321 newly acquired property, the property appraiser shall 888
13221322 immediately make such entries upon the tax rolls of the county 889
13231323 that are necessary to allow the prorated refund of taxes for the 890
13241324 previous tax year. 891
13251325 2. If legal or beneficial title to property is acquired 892
13261326 between January 1 and November 1 of any year by a v eteran or his 893
13271327 or her surviving spouse who is not receiving an exemption under 894
13281328 this section on another property for that tax year, and as of 895
13291329 January 1 of that tax year, the veteran was honorably discharged 896
13301330 with a service-connected total and permanent disabi lity and for 897
13311331 whom a letter from the United States Government or United States 898
13321332 Department of Veterans Affairs or its predecessor has been 899
13331333 issued certifying that the veteran is totally and permanently 900
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13421342 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13431343
13441344
13451345
13461346 disabled, the veteran or his or her surviving spouse is e ntitled 901
13471347 to a refund, prorated as of the date of transfer, of the ad 902
13481348 valorem taxes paid for the newly acquired property if he or she 903
13491349 applies for and receives an exemption under this section for the 904
13501350 newly acquired property in the next tax year. If the proper ty 905
13511351 appraiser finds that the applicant is entitled to an exemption 906
13521352 under this section for the newly acquired property, the property 907
13531353 appraiser shall immediately make such entries upon the tax rolls 908
13541354 of the county that are necessary to allow the prorated refun d of 909
13551355 taxes for the previous tax year. 910
13561356 (4) Any real estate that is owned and used as a homestead 911
13571357 by the surviving spouse of a veteran who died from service -912
13581358 connected causes while on active duty as a member of the United 913
13591359 States Armed Forces and for whom a letter from the United States 914
13601360 Government or United States Department of Veterans Affairs or 915
13611361 its predecessor has been issued certifying that the veteran who 916
13621362 died from service-connected causes while on active duty is 917
13631363 exempt from taxation if the veteran was a permanent resident of 918
13641364 this state on January 1 of the year in which the veteran died . 919
13651365 (a) The production of the letter by the surviving spouse 920
13661366 which attests to the veteran's death while on active duty is 921
13671367 prima facie evidence that the surviving spouse is entitled to 922
13681368 the exemption. 923
13691369 (b) The tax exemption carries over to the benefit of the 924
13701370 veteran's surviving spouse as long as the spouse holds the legal 925
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13791379 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13801380
13811381
13821382
13831383 or beneficial title to the homestead, permanently resides 926
13841384 thereon as specified in s. 196.031, and does no t remarry. If the 927
13851385 surviving spouse sells the property, the spouse may transfer an 928
13861386 exemption not to exceed the amount granted under the most recent 929
13871387 ad valorem tax roll to his or her new residence as long as it is 930
13881388 used as his or her primary residence and he or she does not 931
13891389 remarry. 932
13901390 (6) Any real estate that is owned and used as a homestead 933
13911391 by the surviving spouse of a first responder who died in the 934
13921392 line of duty while employed by the United States Government, the 935
13931393 state, or any political subdivision of the state, including 936
13941394 authorities and special districts, and for whom a letter from 937
13951395 the United States Government, the state, or appropriate 938
13961396 political subdivision of the state, or other authority or 939
13971397 special district, has been issued which legally recognizes and 940
13981398 certifies that the first responder died in the line of duty 941
13991399 while employed as a first responder is exempt from taxation if 942
14001400 the first responder and his or her surviving spouse were 943
14011401 permanent residents of this state on Ja nuary 1 of the year in 944
14021402 which the first responder died . 945
14031403 (a) The production of the letter by the surviving spouse 946
14041404 which attests to the first responder's death in the line of duty 947
14051405 is prima facie evidence that the surviving spouse is entitled to 948
14061406 the exemption. 949
14071407 (b) The tax exemption applies as long as the surviving 950
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14161416 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
14171417
14181418
14191419
14201420 spouse holds the legal or beneficial title to the homestead, 951
14211421 permanently resides thereon as specified in s. 196.031, and does 952
14221422 not remarry. If the surviving spouse sells the property, the 953
14231423 spouse may transfer an exemption not to exceed the amount 954
14241424 granted under the most recent ad valorem tax roll to his or her 955
14251425 new residence if it is used as his or her primary residence and 956
14261426 he or she does not remarry. 957
14271427 (c) As used in this subsection only, and not appl icable to 958
14281428 the payment of benefits under s. 112.19 or s. 112.191, the term: 959
14291429 1. "First responder" means a federal law enforcement 960
14301430 officer as defined in s. 901.1505(1), a law enforcement officer 961
14311431 or correctional officer as defined in s. 943.10, a firefighter 962
14321432 as defined in s. 633.102, or an emergency medical technician or 963
14331433 paramedic as defined in s. 401.23 who is a full -time paid 964
14341434 employee, part-time paid employee, or unpaid volunteer. 965
14351435 2. "In the line of duty" means: 966
14361436 a. While engaging in law enforcement; 967
14371437 b. While performing an activity relating to fire 968
14381438 suppression and prevention; 969
14391439 c. While responding to a hazardous material emergency; 970
14401440 d. While performing rescue activity; 971
14411441 e. While providing emergency medical services; 972
14421442 f. While performing disaster reli ef activity; 973
14431443 g. While otherwise engaging in emergency response 974
14441444 activity; or 975
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14531453 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
14541454
14551455
14561456
14571457 h. While engaging in a training exercise related to any of 976
14581458 the events or activities enumerated in this subparagraph if the 977
14591459 training has been authorized by the employing entity. 978
14601460 979
14611461 A heart attack or stroke that causes death or causes an injury 980
14621462 resulting in death must occur within 24 hours after an event or 981
14631463 activity enumerated in this subparagraph and must be directly 982
14641464 and proximately caused by the event or activity in order to be 983
14651465 considered as having occurred in the line of duty. 984
14661466 Section 9. The amendments made by section 8 of this act to 985
14671467 s. 196.081, Florida Statutes, first apply to the 2024 ad valorem 986
14681468 tax roll. 987
14691469 Section 10. Subsection (3) of section 196.196, Florida 988
14701470 Statutes, is amended, and subsection (6) is added to that 989
14711471 section, to read: 990
14721472 196.196 Determining whether property is entitled to 991
14731473 charitable, religious, scientific, or literary exemption. — 992
14741474 (3) Property owned by an exempt organization is used for a 993
14751475 religious purpose if the institution has taken affirmative steps 994
14761476 to prepare the property for use as a house of public worship. 995
14771477 The term "affirmative steps" means environmental or land use 996
14781478 permitting activities, creation of architectural plans or 997
14791479 schematic drawings, land c learing or site preparation, 998
14801480 construction or renovation activities, or other similar 999
14811481 activities that demonstrate a commitment of the property to a 1000
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14901490 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
14911491
14921492
14931493
14941494 religious use as a house of public worship. For purposes of this 1001
14951495 section subsection, the term "public worship " means religious 1002
14961496 worship services and those other activities that are incidental 1003
14971497 to religious worship services, such as educational activities, 1004
14981498 parking, recreation, partaking of meals, and fellowship. 1005
14991499 (6) Property that is used as a parsonage, burial gro unds, 1006
15001500 or tomb and is owned by an exempt organization that owns a house 1007
15011501 of public worship is used for a religious purpose. 1008
15021502 Section 11. The amendments made by this act to s. 196.196, 1009
15031503 Florida Statutes, are remedial and clarifying in nature and do 1010
15041504 not provide a basis for an assessment of any tax or create a 1011
15051505 right to a refund of any tax paid before July 1, 2023. 1012
15061506 Section 12. Section 196.198, Florida Statutes, is amended 1013
15071507 to read: 1014
15081508 196.198 Educational property exemption. —Educational 1015
15091509 institutions within thi s state and their property used by them 1016
15101510 or by any other exempt entity or educational institution 1017
15111511 exclusively for educational purposes are exempt from taxation. 1018
15121512 Sheltered workshops providing rehabilitation and retraining of 1019
15131513 individuals who have disabilities and exempted by a certificate 1020
15141514 under s. (d) of the federal Fair Labor Standards Act of 1938, as 1021
15151515 amended, are declared wholly educational in purpose and are 1022
15161516 exempt from certification, accreditation, and membership 1023
15171517 requirements set forth in s. 196.012. Those portions of property 1024
15181518 of college fraternities and sororities certified by the 1025
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15271527 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
15281528
15291529
15301530
15311531 president of the college or university to the appropriate 1026
15321532 property appraiser as being essential to the educational process 1027
15331533 are exempt from ad valorem taxation. The use of propert y by 1028
15341534 public fairs and expositions chartered by chapter 616 is 1029
15351535 presumed to be an educational use of such property and is exempt 1030
15361536 from ad valorem taxation to the extent of such use. Property 1031
15371537 used exclusively for educational purposes shall be deemed owned 1032
15381538 by an educational institution if the entity owning 100 percent 1033
15391539 of the educational institution is owned by the identical persons 1034
15401540 who own the property, or if the entity owning 100 percent of the 1035
15411541 educational institution and the entity owning the property are 1036
15421542 owned by the identical natural persons , or if the educational 1037
15431543 institution is a lessee that owns the leasehold interest in a 1038
15441544 bona fide lease for a nominal amount per year having an original 1039
15451545 term of 98 years or more . Land, buildings, and other 1040
15461546 improvements to real property used exclusively for educational 1041
15471547 purposes shall be deemed owned by an educational institution if 1042
15481548 the entity owning 100 percent of the land is a nonprofit entity 1043
15491549 and the land is used, under a ground lease or other contractual 1044
15501550 arrangement, by an educational institution that owns the 1045
15511551 buildings and other improvements to the real property, is a 1046
15521552 nonprofit entity under s. 501(c)(3) of the Internal Revenue 1047
15531553 Code, and provides education limited to students in 1048
15541554 prekindergarten through grade 8. Land, buildin gs, and other 1049
15551555 improvements to real property used exclusively for educational 1050
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15641564 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
15651565
15661566
15671567
15681568 purposes are deemed owned by an educational institution if the 1051
15691569 educational institution that currently uses the land, buildings, 1052
15701570 and other improvements for educational purposes received the 1053
15711571 exemption under this section on the same property in any 10 1054
15721572 consecutive prior years, or, is an educational institution 1055
15731573 described in s. 212.0602, and, under a lease, the educational 1056
15741574 institution is responsible for any taxes owed and for ongoing 1057
15751575 maintenance and operational expenses for the land, buildings, 1058
15761576 and other improvements. For such leasehold properties, the 1059
15771577 educational institution shall receive the full benefit of the 1060
15781578 exemption. The owner of the property shall disclose to the 1061
15791579 educational institution the full amount of the benefit derived 1062
15801580 from the exemption and the method for ensuring that the 1063
15811581 educational institution receives the benefit. Notwithstanding 1064
15821582 ss. 196.195 and 196.196, property owned by a house of public 1065
15831583 worship and used by an educatio nal institution for educational 1066
15841584 purposes limited to students in preschool through grade 8 shall 1067
15851585 be exempt from ad valorem taxes. If legal title to property is 1068
15861586 held by a governmental agency that leases the property to a 1069
15871587 lessee, the property shall be deemed to be owned by the 1070
15881588 governmental agency and used exclusively for educational 1071
15891589 purposes if the governmental agency continues to use such 1072
15901590 property exclusively for educational purposes pursuant to a 1073
15911591 sublease or other contractual agreement with that lessee. If t he 1074
15921592 title to land is held by the trustee of an irrevocable inter 1075
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16011601 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
16021602
16031603
16041604
16051605 vivos trust and if the trust grantor owns 100 percent of the 1076
16061606 entity that owns an educational institution that is using the 1077
16071607 land exclusively for educational purposes, the land is deemed to 1078
16081608 be property owned by the educational institution for purposes of 1079
16091609 this exemption. Property owned by an educational institution 1080
16101610 shall be deemed to be used for an educational purpose if the 1081
16111611 institution has taken affirmative steps to prepare the property 1082
16121612 for educational use. The term "affirmative steps" means 1083
16131613 environmental or land use permitting activities, creation of 1084
16141614 architectural plans or schematic drawings, land clearing or site 1085
16151615 preparation, construction or renovation activities, or other 1086
16161616 similar activities tha t demonstrate commitment of the property 1087
16171617 to an educational use. 1088
16181618 Section 13. Section 197.319, Florida Statutes, is amended 1089
16191619 to read: 1090
16201620 197.319 Refund of taxes for residential improvements 1091
16211621 rendered uninhabitable by a catastrophic event. — 1092
16221622 (1) As used in this section, the term: 1093
16231623 (a) "Catastrophic event" means an event of misfortune or 1094
16241624 calamity that renders one or more residential improvements 1095
16251625 uninhabitable. The term It does not include an event caused, 1096
16261626 directly or indirectly, by the property owner with th e intent to 1097
16271627 damage or destroy the residential improvement. 1098
16281628 (b) "Catastrophic event refund" means the product arrived 1099
16291629 at by multiplying the damage differential by the amount of 1100
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16381638 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
16391639
16401640
16411641
16421642 timely paid taxes that were initially levied in the year in 1101
16431643 which the catastrophic event occurred. 1102
16441644 (c) "Damage differential" means the product arrived at by 1103
16451645 multiplying the percent change in value by a ratio, the 1104
16461646 numerator of which is the number of days the residential 1105
16471647 improvement was rendered uninhabitable in the year in which th e 1106
16481648 catastrophic event occurred, and the denominator of which is 1107
16491649 365. 1108
16501650 (d) "Percent change in value" means the difference between 1109
16511651 the a residential parcel's just value of a residential parcel as 1110
16521652 of January 1 of the year in which the catastrophic event 1111
16531653 occurred and its postcatastrophic event just value , expressed as 1112
16541654 a percentage of the parcel's just value as of January 1 of the 1113
16551655 year in which the catastrophic event occurred. 1114
16561656 (e) "Postcatastrophic event just value" means the just 1115
16571657 value of the residential parc el on January 1 of the year in 1116
16581658 which a catastrophic event occurred, adjusted by subtracting 1117
16591659 reduced to reflect the just value of the residential improvement 1118
16601660 on January 1 of the year in which a catastrophic event occurred 1119
16611661 of the residential parcel after the catastrophic event that 1120
16621662 rendered the residential improvement thereon uninhabitable and 1121
16631663 before any subsequent repairs . For purposes of this paragraph, a 1122
16641664 residential improvement that is uninhabitable has no value 1123
16651665 attached to it. The catastrophic event refun d is determined only 1124
16661666 for purposes of calculating tax refunds for the year or years in 1125
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16751675 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
16761676
16771677
16781678
16791679 which the residential improvement is uninhabitable as a result 1126
16801680 of the catastrophic event and does not determine a parcel's just 1127
16811681 value as of January 1 each year. 1128
16821682 (f) "Residential improvement" means a residential dwelling 1129
16831683 or house on real estate used and owned as a homestead as defined 1130
16841684 in s. 196.012(13) or as nonhomestead residential property as 1131
16851685 defined in s. 193.1554(1). A residential improvement does not 1132
16861686 include a structure that is not essential to the use and 1133
16871687 occupancy of the residential dwelling or house, including, but 1134
16881688 not limited to, a detached utility building, detached carport, 1135
16891689 detached garage, bulkhead, fence, or swimming pool, and does not 1136
16901690 include land. 1137
16911691 (g) "Uninhabitable" means the loss of use and occupancy of 1138
16921692 a residential improvement for the purpose for which it was 1139
16931693 constructed resulting from damage to or destruction of, or from 1140
16941694 a condition that compromises the structural integrity of, the 1141
16951695 residential improvem ent which was caused by a catastrophic 1142
16961696 event, as evidenced by documentation, including, but not limited 1143
16971697 to, utility bills, insurance information, contractors' 1144
16981698 statements, building permit applications, or building inspection 1145
16991699 certificates of occupancy . 1146
17001700 (2) If a residential improvement is rendered uninhabitable 1147
17011701 for at least 30 days due to a catastrophic event, taxes 1148
17021702 originally levied and paid for the year in which the 1149
17031703 catastrophic event occurred may be refunded in the following 1150
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17121712 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
17131713
17141714
17151715
17161716 manner: 1151
17171717 (a) The property own er must file an application for refund 1152
17181718 with the property appraiser on a form prescribed by the 1153
17191719 department and furnished by the property appraiser : 1154
17201720 1. If the residential improvement is restored to a 1155
17211721 habitable condition before December 1 of the year in whi ch the 1156
17221722 catastrophic event occurred, no sooner than 30 days after the 1157
17231723 residential improvement that was rendered uninhabitable has been 1158
17241724 restored to a habitable condition; or 1159
17251725 2. no later than March 1 of the year immediately following 1160
17261726 the catastrophic event. The property appraiser may allow 1161
17271727 applications to be filed electronically. 1162
17281728 1163
17291729 The application for refund must be made on a form prescribed by 1164
17301730 the department and furnished by the property appraiser. The 1165
17311731 property appraiser may request supporting documentation be 1166
17321732 submitted along with the application, including, but not limited 1167
17331733 to, utility bills, insurance information, contractors' 1168
17341734 statements, building permit applications, or building inspection 1169
17351735 certificates of occupancy, for purposes of determining 1170
17361736 conditions of uninhabitability and subsequent habitability 1171
17371737 following any repairs. 1172
17381738 (b) The application for refund must describe the 1173
17391739 catastrophic event and identify the residential parcel upon 1174
17401740 which the residential improvement was rendered uninhabitable by 1175
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17491749 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
17501750
17511751
17521752
17531753 a catastrophic event, the date on which the catastrophic event 1176
17541754 occurred, and the number of days the residential improvement was 1177
17551755 uninhabitable during the calendar year in which the catastrophic 1178
17561756 event occurred. For purposes of determining uninhabitability, 1179
17571757 the application must be accompanied by supporting documentation, 1180
17581758 including, but not limited to, utility bills, insurance 1181
17591759 information, contractors' statements, building permit 1182
17601760 applications, or building inspection certificates of occupancy. 1183
17611761 (c) The application for refu nd must be verified under oath 1184
17621762 and is subject to penalty of perjury. 1185
17631763 (d) Upon receipt of an application for refund, The 1186
17641764 property appraiser shall review must investigate the statements 1187
17651765 contained in the application and to determine if the applicant 1188
17661766 is entitled to a refund of taxes. No later than April 1 of the 1189
17671767 year following the date on which the catastrophic event 1190
17681768 occurred, the property appraiser must: 1191
17691769 1. Notify the applicant if the property appraiser 1192
17701770 determines that the applicant is not entitled to a refund . If 1193
17711771 the property appraiser determines that the applicant is not 1194
17721772 entitled to a refund , the applicant may file a petition with the 1195
17731773 value adjustment board, pursuant to s. 194.011(3), requesting 1196
17741774 that the refund be grante d. The petition must be filed with the 1197
17751775 value adjustment board on or before the 30th day following the 1198
17761776 issuance of the notice by the property appraiser. 1199
17771777 2.(e) If the property appraiser determines that the 1200
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17861786 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
17871787
17881788
17891789
17901790 applicant is entitled to a refund, the property ap praiser must 1201
17911791 Issue an official written statement to the tax collector and the 1202
17921792 applicant within 30 days after the determination, but no later 1203
17931793 than by April 1 of the year following the date on which the 1204
17941794 catastrophic event occurred , if the property appraiser 1205
17951795 determines that the applicant is entitled to a refund. The 1206
17961796 statement must provide , that provides: 1207
17971797 a.1. The just value of the residential improvement as 1208
17981798 determined by the property appraiser on January 1 of the year in 1209
17991799 which the catastrophic event for which the applicant is claiming 1210
18001800 a refund occurred. 1211
18011801 b.2. The number of days during the calendar year durin g 1212
18021802 which the residential improvement was uninhabitable. 1213
18031803 c.3. The postcatastrophic event just value of the 1214
18041804 residential parcel as determined by the property appraiser. 1215
18051805 d.4. The percent change in value applicable to the 1216
18061806 residential parcel. 1217
18071807 (3) Upon receipt of the written statement from the 1218
18081808 property appraiser, the tax collector shall calculate the damage 1219
18091809 differential pursuant to this section . 1220
18101810 (a) If the property taxes for the year in which the 1221
18111811 catastrophic event occurred have been paid, the tax collector 1222
18121812 must and process a refund in an amount equal to the catastrophic 1223
18131813 event refund. 1224
18141814 (b) If the property taxes for the year in which the 1225
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18231823 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
18241824
18251825
18261826
18271827 catastrophic event occurred have not been paid, the tax 1226
18281828 collector must process a refund in an amount equal to the 1227
18291829 catastrophic event refund only upon receipt of timely payment of 1228
18301830 the property taxes for the year in which the catastrophic event 1229
18311831 occurred. 1230
18321832 (4) Any person who is qualified to have his or her 1231
18331833 property taxes refunded under this section subsection (2) but 1232
18341834 fails to file an application by March 1 of the year immediately 1233
18351835 following the year in which the catastrophic event occurred may 1234
18361836 file an application for refund under this section subsection and 1235
18371837 may file a petition with the value adjustment board, pursuant to 1236
18381838 s. 194.011(3), requesting that a refund under this section 1237
18391839 subsection be granted. Such petition may be filed at any time 1238
18401840 during the taxable year on or before the 25th day following the 1239
18411841 mailing of the notice of proposed property taxes and non -ad 1240
18421842 valorem assessments by the property appraiser as provided in s. 1241
18431843 194.011(1). Upon reviewing the petition, if the person is 1242
18441844 qualified to receive the refund under this section subsection 1243
18451845 and demonstrates particular extenuating circumstances determined 1244
18461846 by the property appraiser or the value adjustment board to 1245
18471847 warrant granting a late application for refund, the property 1246
18481848 appraiser or the value adjustment board may grant a refund. 1247
18491849 (5) By September 1 of each year, the tax collector shall 1248
18501850 notify: 1249
18511851 (a) The department of the total r eduction in taxes for all 1250
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18601860 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
18611861
18621862
18631863
18641864 properties that qualified for a refund pursuant to this section 1251
18651865 for the year. 1252
18661866 (b) The governing board of each affected local government 1253
18671867 of the reduction in such local government's taxes that occurred 1254
18681868 pursuant to this section. 1255
18691869 (6) For purposes of this section, a residential 1256
18701870 improvement that is uninhabitable has no value. 1257
18711871 (7) The catastrophic event refund is determined only for 1258
18721872 purposes of calculating tax refunds for the year in which the 1259
18731873 residential improvement is uninhabitabl e as a result of the 1260
18741874 catastrophic event and does not determine a parcel's just value 1261
18751875 as of January 1 any subsequent year. 1262
18761876 (8)(6) This section does not affect the requirements of s. 1263
18771877 197.333. 1264
18781878 Section 14. The amendments made by this act to s. 197.319, 1265
18791879 Florida Statutes, first apply to the 2024 tax roll. 1266
18801880 Section 15. Subsection (2) of section 199.145, Florida 1267
18811881 Statutes, is amended to read: 1268
18821882 199.145 Corrective mortgages; assignments; assumptions; 1269
18831883 refinancing.— 1270
18841884 (2)(a) No additional nonrecurring tax shal l be due upon 1271
18851885 the assignment by the obligee of a note, bond, or other 1272
18861886 obligation for the payment of money upon which a nonrecurring 1273
18871887 tax has previously been paid. 1274
18881888 (b) A note or mortgage for a federal small business loan 1275
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18971897 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
18981898
18991899
19001900
19011901 program transaction pursuant to 15 U.S.C. ss. 695-697g, also 1276
19021902 known as a 504 loan, which specifies the Small Business 1277
19031903 Administration as the obligee or mortgagee and increases the 1278
19041904 principal balance of a note or mortgage which is part of an 1279
19051905 interim loan for purposes of debenture guarantee fund ing upon 1280
19061906 which nonrecurring tax has previously been paid, is subject to 1281
19071907 additional tax only on the increase above the current principal 1282
19081908 balance. The obligor and mortgagor must be the same as on the 1283
19091909 prior note or mortgage and there may not be new or additio nal 1284
19101910 obligors or mortgagors. The prior note or the book and page 1285
19111911 number of the recorded interim mortgage must be referenced in 1286
19121912 the Small Business Administration note or mortgage. 1287
19131913 Section 16. Subsection (3) of section 201.08, Florida 1288
19141914 Statutes, is amended to read: 1289
19151915 201.08 Tax on promissory or nonnegotiable notes, written 1290
19161916 obligations to pay money, or assignments of wages or other 1291
19171917 compensation; exception. — 1292
19181918 (3)(a) No tax shall be required on promissory notes 1293
19191919 executed for students to receive financial aid f rom federal or 1294
19201920 state educational assistance programs, from loans guaranteed by 1295
19211921 the Federal Government or the state when federal regulations 1296
19221922 prohibit the assessment of such taxes against the borrower, or 1297
19231923 for any financial aid program administered by a state university 1298
19241924 or community college, and the holders of such promissory notes 1299
19251925 shall not lose any rights incident to the payment of such tax. 1300
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19341934 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
19351935
19361936
19371937
19381938 (b) A note or mortgage for a federal small business loan 1301
19391939 program transaction pursuant to 15 U.S.C. ss. 695 -697g, also 1302
19401940 known as a 504 loan, which specifies the Small Business 1303
19411941 Administration as the obligee or mortgagee and increases the 1304
19421942 principal balance of a note or mortgage which is part of an 1305
19431943 interim loan for purposes of debenture guarantee funding upon 1306
19441944 which documentary stamp tax has previously been paid, is subject 1307
19451945 to additional tax only on the increase above the current 1308
19461946 principal balance. The obligor and mortgagor must be the same as 1309
19471947 on the prior note or mortgage and there may not be new or 1310
19481948 additional obligors or mor tgagors. The prior note or the book 1311
19491949 and page number of the recorded interim mortgage must be 1312
19501950 referenced in the Small Business Administration note or 1313
19511951 mortgage. 1314
19521952 Section 17. Subsections (1) and (5) of section 202.19, 1315
19531953 Florida Statutes, are amended, and par agraph (d) is added to 1316
19541954 subsection (2) of that section, to read: 1317
19551955 202.19 Authorization to impose local communications 1318
19561956 services tax.— 1319
19571957 (1) The governing authority of each county and 1320
19581958 municipality may, by ordinance, levy a local discretionary 1321
19591959 communications services tax as provided in this section . 1322
19601960 (2) 1323
19611961 (d) The local communications services tax rate in effect 1324
19621962 on January 1, 2023, may not be increased before January 1, 2026. 1325
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19711971 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
19721972
19731973
19741974
19751975 (5) In addition to the communications services taxes 1326
19761976 authorized by subsection (1), a discretionary sales surtax that 1327
19771977 a county or school board has levied under s. 212.055 is imposed 1328
19781978 as a local communications services tax under this section, and 1329
19791979 the rate shall be determined in accordance with s. 202.20(3). 1330
19801980 However, any increase to the discretionary sales surtax levied 1331
19811981 under s. 212.055 on or after January 1, 2023, may not be added 1332
19821982 to the local communications services tax under this section 1333
19831983 before January 1, 2026. 1334
19841984 (a) Except as otherwise provided in this subsection, each 1335
19851985 such tax rate shall be applied, in addition to the other tax 1336
19861986 rates applied under this chapter, to communications services 1337
19871987 subject to tax under s. 202.12 which: 1338
19881988 1. Originate or terminate in this state; and 1339
19891989 2. Are charged to a service address in the county. 1340
19901990 (b) With respect to private communications services, the 1341
19911991 tax shall be on the sales price of such services provided within 1342
19921992 the county, which shall be determined in accordance with the 1343
19931993 following provisions: 1344
19941994 1. Any charge with respect to a channel termination point 1345
19951995 located within such county; 1346
19961996 2. Any charge for the use of a channel between two channel 1347
19971997 termination points located in such county; and 1348
19981998 3. Where channel termination points ar e located both 1349
19991999 within and outside of such county: 1350
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20082008 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
20092009
20102010
20112011
20122012 a. If any segment between two such channel termination 1351
20132013 points is separately billed, 50 percent of such charge; and 1352
20142014 b. If any segment of the circuit is not separately billed, 1353
20152015 an amount equal to the total charge for such circuit multiplied 1354
20162016 by a fraction, the numerator of which is the number of channel 1355
20172017 termination points within such county and the denominator of 1356
20182018 which is the total number of channel termination points of the 1357
20192019 circuit. 1358
20202020 Section 18. Subsecti ons (3) and (8) of section 206.9952, 1359
20212021 Florida Statutes, are amended to read: 1360
20222022 206.9952 Application for license as a natural gas fuel 1361
20232023 retailer.— 1362
20242024 (3)(a) Any person who acts as a natural gas retailer and 1363
20252025 does not hold a valid natural gas fuel retailer licen se shall 1364
20262026 pay a penalty of $200 for each month of operation without a 1365
20272027 license. This paragraph expires December 31, 2025 2023. 1366
20282028 (b) Effective January 1, 2026 2024, any person who acts as 1367
20292029 a natural gas fuel retailer and does not hold a valid natural 1368
20302030 gas fuel retailer license shall pay a penalty of 25 percent of 1369
20312031 the tax assessed on the total purchases made during the 1370
20322032 unlicensed period. 1371
20332033 (8) With the exception of a state or federal agency or a 1372
20342034 political subdivision licensed under this chapter, each person, 1373
20352035 as defined in this part, who operates as a natural gas fuel 1374
20362036 retailer shall report monthly to the department and pay a tax on 1375
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20452045 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
20462046
20472047
20482048
20492049 all natural gas fuel purchases beginning January 1, 2026 2024. 1376
20502050 Section 19. Subsection (2) of section 206.9955, Florida 1377
20512051 Statutes, is amended to read: 1378
20522052 206.9955 Levy of natural gas fuel tax. — 1379
20532053 (2) Effective January 1, 2026 2024, the following taxes 1380
20542054 shall be imposed: 1381
20552055 (a) An excise tax of 4 cents upon each motor fuel 1382
20562056 equivalent gallon of natural gas fuel. 1383
20572057 (b) An additional tax of 1 cent upon each motor fuel 1384
20582058 equivalent gallon of natural gas fuel, which is designated as 1385
20592059 the "ninth-cent fuel tax." 1386
20602060 (c) An additional tax of 1 cent on each motor fuel 1387
20612061 equivalent gallon of natural gas fuel by each county, which is 1388
20622062 designated as the "local option fuel tax." 1389
20632063 (d) An additional tax on each motor fuel equivalent gallon 1390
20642064 of natural gas fuel, which is designated as the "State 1391
20652065 Comprehensive Enhanced Transportation System Tax," at a rate 1392
20662066 determined pursuant to this paragraph. Before January 1, 2026 1393
20672067 2024, and each year thereafter, the department shall determine 1394
20682068 the tax rate applicable to the sale of natural gas fuel for the 1395
20692069 following 12-month period beginning January 1, rounded to the 1396
20702070 nearest tenth of a cent, by adjusting the tax rate of 5.8 cents 1397
20712071 per gallon by the percentage change in the average of the 1398
20722072 Consumer Price Index issued by the United States Department of 1399
20732073 Labor for the most recent 12 -month period ending September 30, 1400
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20822082 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
20832083
20842084
20852085
20862086 compared to the base year average, which is the average for the 1401
20872087 12-month period ending September 30, 2013. 1402
20882088 (e)1. An additional tax is imposed on each motor fuel 1403
20892089 equivalent gallon of natural gas fuel for the privilege of 1404
20902090 selling natural gas fuel. Before January 1, 2026 2024, and each 1405
20912091 year thereafter, the department shall deter mine the tax rate 1406
20922092 applicable to the sale of natural gas fuel, rounded to the 1407
20932093 nearest tenth of a cent, for the following 12 -month period 1408
20942094 beginning January 1, by adjusting the tax rate of 9.2 cents per 1409
20952095 gallon by the percentage change in the average of the Co nsumer 1410
20962096 Price Index issued by the United States Department of Labor for 1411
20972097 the most recent 12-month period ending September 30, compared to 1412
20982098 the base year average, which is the average for the 12 -month 1413
20992099 period ending September 30, 2013. 1414
21002100 2. The department is au thorized to adopt rules and publish 1415
21012101 forms to administer this paragraph. 1416
21022102 Section 20. Subsection (1) of section 206.996, Florida 1417
21032103 Statutes, is amended to read: 1418
21042104 206.996 Monthly reports by natural gas fuel retailers; 1419
21052105 deductions.— 1420
21062106 (1) For the purpose of determining the amount of taxes 1421
21072107 imposed by s. 206.9955, each natural gas fuel retailer shall 1422
21082108 file beginning with February 2026 2024, and each month 1423
21092109 thereafter, no later than the 20th day of each month, monthly 1424
21102110 reports electronically with the department sho wing information 1425
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21192119 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
21202120
21212121
21222122
21232123 on inventory, purchases, nontaxable disposals, taxable uses, and 1426
21242124 taxable sales in gallons of natural gas fuel for the preceding 1427
21252125 month. However, if the 20th day of the month falls on a 1428
21262126 Saturday, Sunday, or federal or state legal holiday, a return 1429
21272127 must be accepted if it is electronically filed on the next 1430
21282128 succeeding business day. The reports must include, or be 1431
21292129 verified by, a written declaration stating that such report is 1432
21302130 made under the penalties of perjury. The natural gas fuel 1433
21312131 retailer shall deduct from the amount of taxes shown by the 1434
21322132 report to be payable an amount equivalent to 0.67 percent of the 1435
21332133 taxes on natural gas fuel imposed by s. 206.9955(2)(a) and (e), 1436
21342134 which deduction is allowed to the natural gas fuel retailer to 1437
21352135 compensate it for services rendered and expenses incurred in 1438
21362136 complying with the requirements of this part. This allowance is 1439
21372137 not deductible unless payment of applicable taxes is made on or 1440
21382138 before the 20th day of the month. This subsection may not be 1441
21392139 construed as authorizi ng a deduction from the constitutional 1442
21402140 fuel tax or the fuel sales tax. 1443
21412141 Section 21. Paragraph (d) of subsection (2) of section 1444
21422142 212.0306, Florida Statutes, is amended to read: 1445
21432143 212.0306 Local option food and beverage tax; procedure for 1446
21442144 levying; authorized uses; administration. — 1447
21452145 (2) 1448
21462146 (d) Sales in cities or towns presently imposing a 1449
21472147 municipal resort tax as authorized by chapter 67 -930, Laws of 1450
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21562156 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
21572157
21582158
21592159
21602160 Florida, are exempt from the taxes authorized by subsection (1) ; 1451
21612161 however, the tax authorized by paragraph (1)(b) may be levied in 1452
21622162 such city or town if the governing authority of the city or town 1453
21632163 adopts an ordinance that is subsequently approved by a majority 1454
21642164 of the registered electors in such city or town at a referendum 1455
21652165 held at a general election as defined i n s. 97.021. Any tax 1456
21662166 levied in a city or town pursuant to this paragraph takes effect 1457
21672167 on the first day of January following the general election in 1458
21682168 which the ordinance was approved. A referendum to reenact an 1459
21692169 expiring tax authorized under this paragraph mu st be held at a 1460
21702170 general election occurring within the 48 -month period 1461
21712171 immediately preceding the effective date of the reenacted tax, 1462
21722172 and the referendum may appear on the ballot only once within the 1463
21732173 48-month period. 1464
21742174 Section 22. Effective December 1, 202 3, paragraphs (c) and 1465
21752175 (d) of subsection (1) of section 212.031, Florida Statutes, are 1466
21762176 amended to read: 1467
21772177 212.031 Tax on rental or license fee for use of real 1468
21782178 property.— 1469
21792179 (1) 1470
21802180 (c) For the exercise of such privilege, a tax is levied at 1471
21812181 the rate of 4.5 5.5 percent of and on the total rent or license 1472
21822182 fee charged for such real property by the person charging or 1473
21832183 collecting the rental or license fee. The total rent or license 1474
21842184 fee charged for such real property shall include payments for 1475
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21932193 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
21942194
21952195
21962196
21972197 the granting of a privileg e to use or occupy real property for 1476
21982198 any purpose and shall include base rent, percentage rents, or 1477
21992199 similar charges. Such charges shall be included in the total 1478
22002200 rent or license fee subject to tax under this section whether or 1479
22012201 not they can be attributed to t he ability of the lessor's or 1480
22022202 licensor's property as used or operated to attract customers. 1481
22032203 Payments for intrinsically valuable personal property such as 1482
22042204 franchises, trademarks, service marks, logos, or patents are not 1483
22052205 subject to tax under this section. In the case of a contractual 1484
22062206 arrangement that provides for both payments taxable as total 1485
22072207 rent or license fee and payments not subject to tax, the tax 1486
22082208 shall be based on a reasonable allocation of such payments and 1487
22092209 shall not apply to that portion which is for the nontaxable 1488
22102210 payments. 1489
22112211 (d) If the rental or license fee of any such real property 1490
22122212 is paid by way of property, goods, wares, merchandise, services, 1491
22132213 or other thing of value, the tax shall be at the rate of 4.5 5.5 1492
22142214 percent of the value of the property, g oods, wares, merchandise, 1493
22152215 services, or other thing of value. 1494
22162216 Section 23. Subsection (10) of section 212.055, Florida 1495
22172217 Statutes, is amended to read: 1496
22182218 212.055 Discretionary sales surtaxes; legislative intent; 1497
22192219 authorization and use of proceeds. —It is the legislative intent 1498
22202220 that any authorization for imposition of a discretionary sales 1499
22212221 surtax shall be published in the Florida Statutes as a 1500
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22302230 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
22312231
22322232
22332233
22342234 subsection of this section, irrespective of the duration of the 1501
22352235 levy. Each enactment shall specify the types of countie s 1502
22362236 authorized to levy; the rate or rates which may be imposed; the 1503
22372237 maximum length of time the surtax may be imposed, if any; the 1504
22382238 procedure which must be followed to secure voter approval, if 1505
22392239 required; the purpose for which the proceeds may be expended; 1506
22402240 and such other requirements as the Legislature may provide. 1507
22412241 Taxable transactions and administrative procedures shall be as 1508
22422242 provided in s. 212.054. 1509
22432243 (10) DATES FOR REFERENDA. —A referendum to adopt , or amend, 1510
22442244 or reenact a local government discretionary sales su rtax under 1511
22452245 this section must be held at a general election as defined in s. 1512
22462246 97.021. A referendum to reenact an expiring surtax must be held 1513
22472247 at a general election occurring within the 48 -month period 1514
22482248 immediately preceding the effective date of the reenacted 1515
22492249 surtax. Such a referendum may appear on the ballot only once 1516
22502250 within the 48-month period. 1517
22512251 Section 24. Paragraph (a) of subsection (5) of section 1518
22522252 212.08, Florida Statutes, as amended by chapter 2023 -17, Laws of 1519
22532253 Florida, is amended, paragraph (w) is adde d to subsection (5), 1520
22542254 and paragraphs (qqq) through (uuu) are added to subsection (7) 1521
22552255 of that section, to read: 1522
22562256 212.08 Sales, rental, use, consumption, distribution, and 1523
22572257 storage tax; specified exemptions. —The sale at retail, the 1524
22582258 rental, the use, the consum ption, the distribution, and the 1525
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22672267 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
22682268
22692269
22702270
22712271 storage to be used or consumed in this state of the following 1526
22722272 are hereby specifically exempt from the tax imposed by this 1527
22732273 chapter. 1528
22742274 (5) EXEMPTIONS; ACCOUNT OF USE. — 1529
22752275 (a) Items in agricultural use and certain nets. —There are 1530
22762276 exempt from the tax imposed by this chapter nets designed and 1531
22772277 used exclusively by commercial fisheries; disinfectants, 1532
22782278 fertilizers, insecticides, pesticides, herbicides, fungicides, 1533
22792279 and weed killers used for application on crops or groves, 1534
22802280 including commercial nurseries and home vegetable gardens, used 1535
22812281 in dairy barns or on poultry farms for the purpose of protecting 1536
22822282 poultry or livestock, or used directly on poultry or livestock; 1537
22832283 animal health products that are administered to, applied to, or 1538
22842284 consumed by livestock or poultry to alleviate pain or cure or 1539
22852285 prevent sickness, disease, or suffering, including, but not 1540
22862286 limited to, antiseptics, absorbent cotton, gauze for bandages, 1541
22872287 lotions, vaccines, vitamins, and worm remedies; aquaculture 1542
22882288 health products that ar e used by aquaculture producers, as 1543
22892289 defined in s. 597.0015, to prevent or treat fungi, bacteria, and 1544
22902290 parasitic diseases; portable containers or movable receptacles 1545
22912291 in which portable containers are placed, used for processing 1546
22922292 farm products; field and garden seeds, including flower seeds; 1547
22932293 nursery stock, seedlings, cuttings, or other propagative 1548
22942294 material purchased for growing stock; seeds, seedlings, 1549
22952295 cuttings, and plants used to produce food for human consumption; 1550
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23042304 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
23052305
23062306
23072307
23082308 cloth, plastic, and other similar materials us ed for shade, 1551
23092309 mulch, or protection from frost or insects on a farm; hog wire 1552
23102310 and barbed wire fencing, including gates and materials used to 1553
23112311 construct or repair such fencing, used in agricultural 1554
23122312 production on lands classified as agricultural lands under s. 1555
23132313 193.461; materials used to construct or repair permanent or 1556
23142314 temporary fencing used to contain, confine, or process cattle, 1557
23152315 including gates and energized fencing systems, used in 1558
23162316 agricultural operations on lands classified as agricultural 1559
23172317 lands under s. 193.461; stakes used by a farmer to support 1560
23182318 plants during agricultural production; generators used on 1561
23192319 poultry farms; and liquefied petroleum gas or other fuel used to 1562
23202320 heat a structure in which started pullets or broilers are 1563
23212321 raised; however, such exemption i s not allowed unless the 1564
23222322 purchaser or lessee signs a certificate stating that the item to 1565
23232323 be exempted is for the exclusive use designated herein. Also 1566
23242324 exempt are cellophane wrappers, glue for tin and glass 1567
23252325 (apiarists), mailing cases for honey, shipping cas es, window 1568
23262326 cartons, and baling wire and twine used for baling hay, when 1569
23272327 used by a farmer to contain, produce, or process an agricultural 1570
23282328 commodity. 1571
23292329 (w) Renewable natural gas machinery and equipment. — 1572
23302330 1. As used in this paragraph, the term "renewable natural 1573
23312331 gas" means anaerobically generated biogas, landfill gas, or 1574
23322332 wastewater treatment gas refined to a methane content of 90 1575
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23412341 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
23422342
23432343
23442344
23452345 percent or greater, which may be used as transportation fuel or 1576
23462346 for electric generation or is of a quality capable of being 1577
23472347 injected into a natural gas pipeline. For purposes of this 1578
23482348 paragraph, any reference to natural gas includes renewable 1579
23492349 natural gas. 1580
23502350 2. The purchase of machinery and equipment that is 1581
23512351 primarily used in the production, storage, transportation, 1582
23522352 compression, or blending of renewable natural gas and that is 1583
23532353 used at a fixed location is exempt from the tax imposed by this 1584
23542354 chapter. 1585
23552355 3. Purchasers of machinery and equipment qualifying for 1586
23562356 the exemption provided in this paragraph must furnish the vendor 1587
23572357 with an affidavit stating that the item or items to be exempted 1588
23582358 are for the use designated herein. Purchasers with self -accrual 1589
23592359 authority pursuant to s. 212.183 are not required to provide 1590
23602360 this affidavit, but shall maintain all documentation necessary 1591
23612361 to prove the exempt status of purchases. 1592
23622362 4. A person furnishing a false affidavit to the vendor for 1593
23632363 the purpose of evading payment of the tax imposed under this 1594
23642364 chapter is subject to the penalty set forth in s. 212.085 and as 1595
23652365 otherwise provided by law. 1596
23662366 5. The department may adopt rules to administer this 1597
23672367 paragraph. 1598
23682368 (7) MISCELLANEOUS EXEMPTIONS. —Exemptions provided to any 1599
23692369 entity by this chapter do not inure to any transaction that is 1600
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23782378 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
23792379
23802380
23812381
23822382 otherwise taxable under this chapter when payment is made by a 1601
23832383 representative or employe e of the entity by any means, 1602
23842384 including, but not limited to, cash, check, or credit card, even 1603
23852385 when that representative or employee is subsequently reimbursed 1604
23862386 by the entity. In addition, exemptions provided to any entity by 1605
23872387 this subsection do not inure to any transaction that is 1606
23882388 otherwise taxable under this chapter unless the entity has 1607
23892389 obtained a sales tax exemption certificate from the department 1608
23902390 or the entity obtains or provides other documentation as 1609
23912391 required by the department. Eligible purchases or lea ses made 1610
23922392 with such a certificate must be in strict compliance with this 1611
23932393 subsection and departmental rules, and any person who makes an 1612
23942394 exempt purchase with a certificate that is not in strict 1613
23952395 compliance with this subsection and the rules is liable for and 1614
23962396 shall pay the tax. The department may adopt rules to administer 1615
23972397 this subsection. 1616
23982398 (qqq) Baby and toddler products. —Also exempt from the tax 1617
23992399 imposed by this chapter are: 1618
24002400 1. Baby cribs, including baby playpens and baby play 1619
24012401 yards; 1620
24022402 2. Baby strollers; 1621
24032403 3. Baby safety gates; 1622
24042404 4. Baby monitors; 1623
24052405 5. Child safety cabinet locks and latches and electrical 1624
24062406 socket covers; 1625
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24152415 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
24162416
24172417
24182418
24192419 6. Bicycle child carrier seats and trailers designed for 1626
24202420 carrying young children, including any adaptors and accessories 1627
24212421 for these seats and trailers; 1628
24222422 7. Baby exercisers, jumpers, bouncer seats, and swings; 1629
24232423 8. Breast pumps, bottle sterilizers, baby bottles and 1630
24242424 nipples, pacifiers, and teething rings; 1631
24252425 9. Baby wipes; 1632
24262426 10. Changing tables and changing pads; 1633
24272427 11. Children's diapers, including single-use diapers, 1634
24282428 reusable diapers, and reusable diaper inserts; and 1635
24292429 12. Baby and toddler clothing, apparel, and shoes, 1636
24302430 primarily intended for and marketed for children age 5 or 1637
24312431 younger. Baby and toddler clothing size 5T and smaller and baby 1638
24322432 and toddler shoes size 13T and smaller are presumed to be 1639
24332433 primarily intended for and marketed for children age 5 or 1640
24342434 younger. 1641
24352435 (rrr) Diapers and incontinence products. —The sale for 1642
24362436 human use of diapers, incontinence undergarments, incontinence 1643
24372437 pads, or incontinence liners is exempt from the tax imposed by 1644
24382438 this chapter. 1645
24392439 (sss) Oral hygiene products. — 1646
24402440 1. Also exempt from the tax imposed by this chapter are 1647
24412441 oral hygiene products. 1648
24422442 2. As used in this paragraph, the term "oral hygiene 1649
24432443 products" means electri c and manual toothbrushes, toothpaste, 1650
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24522452 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
24532453
24542454
24552455
24562456 dental floss, dental picks, oral irrigators, and mouthwash. 1651
24572457 (ttt) Firearm safety devices. —The sale of the following 1652
24582458 are exempt from the tax imposed by this chapter: 1653
24592459 1. A firearm safe, firearm lockbox, firearm case , or other 1654
24602460 device that is designed to be used to store a firearm and that 1655
24612461 is designed to be unlocked only by means of a key, a 1656
24622462 combination, or other similar means. 1657
24632463 2. A firearm trigger lock or firearm cable lock that, when 1658
24642464 installed on a firearm, is desi gned to prevent the firearm from 1659
24652465 being operated without first deactivating the device and that is 1660
24662466 designed to be unlocked only by means of a key, a combination, 1661
24672467 or other similar means. 1662
24682468 (uuu) Small private investigative agencies. — 1663
24692469 1. As used in this par agraph, the term: 1664
24702470 a. "Private investigation services" has the same meaning 1665
24712471 as "private investigation," as defined in s. 493.6101(17). 1666
24722472 b. "Small private investigative agency" means a private 1667
24732473 investigator licensed under s. 493.6201 which: 1668
24742474 (I) Employs three or fewer full-time or part-time 1669
24752475 employees, including those performing services pursuant to an 1670
24762476 employee leasing arrangement as defined in s. 468.520(4), in 1671
24772477 total; and 1672
24782478 (II) During the previous calendar year, performed private 1673
24792479 investigation services ot herwise taxable under this chapter in 1674
24802480 which the charges for the services performed were less than 1675
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24892489 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
24902490
24912491
24922492
24932493 $150,000 for all its businesses related through common 1676
24942494 ownership. 1677
24952495 2. The sale of private investigation services by a small 1678
24962496 private investigative agency to a client is exempt from the tax 1679
24972497 imposed by this chapter. 1680
24982498 3. The exemption provided by this paragraph may not apply 1681
24992499 in the first calendar year a small private investigative agency 1682
25002500 conducts sales of private investigation services taxable under 1683
25012501 this chapter. 1684
25022502 Section 25. Paragraph (d) of subsection (6) of section 1685
25032503 212.20, Florida Statutes, is amended to read: 1686
25042504 212.20 Funds collected, disposition; additional powers of 1687
25052505 department; operational expense; refund of taxes adjudicated 1688
25062506 unconstitutionally collected. — 1689
25072507 (6) Distribution of all proceeds under this chapter and 1690
25082508 ss. 202.18(1)(b) and (2)(b) and 203.01(1)(a)3. is as follows: 1691
25092509 (d) The proceeds of all other taxes and fees imposed 1692
25102510 pursuant to this chapter or remitted pursuant to s. 202.18(1)(b) 1693
25112511 and (2)(b) shall be distributed as follows: 1694
25122512 1. In any fiscal year, the greater of $500 million, minus 1695
25132513 an amount equal to 4.6 percent of the proceeds of the taxes 1696
25142514 collected pursuant to chapter 201, or 5.2 percent of all other 1697
25152515 taxes and fees imposed pursuant to this cha pter or remitted 1698
25162516 pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in 1699
25172517 monthly installments into the General Revenue Fund. 1700
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25262526 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
25272527
25282528
25292529
25302530 2. After the distribution under subparagraph 1., 8.9744 1701
25312531 percent of the amount remitted by a sales tax dealer located 1702
25322532 within a participating county pursuant to s. 218.61 shall be 1703
25332533 transferred into the Local Government Half -cent Sales Tax 1704
25342534 Clearing Trust Fund. Beginning July 1, 2003, the amount to be 1705
25352535 transferred shall be reduced by 0.1 percent, and the department 1706
25362536 shall distribute this amount to the Public Employees Relations 1707
25372537 Commission Trust Fund less $5,000 each month, which shall be 1708
25382538 added to the amount calculated in subparagraph 3. and 1709
25392539 distributed accordingly. 1710
25402540 3. After the distribution under subparagraphs 1. and 2., 1711
25412541 0.0966 percent shall be transferred to the Local Government 1712
25422542 Half-cent Sales Tax Clearing Trust Fund and distributed pursuant 1713
25432543 to s. 218.65. 1714
25442544 4. After the distributions under subparagraphs 1., 2., and 1715
25452545 3., 2.0810 percent of the available proceeds shall be 1716
25462546 transferred monthly to the Revenue Sharing Trust Fund for 1717
25472547 Counties pursuant to s. 218.215. 1718
25482548 5. After the distributions under subparagraphs 1., 2., and 1719
25492549 3., 1.3653 percent of the available proceeds shall be 1720
25502550 transferred monthly to the Revenue Sharing Trust Fund for 1721
25512551 Municipalities pursuant to s. 218.215. If the total revenue to 1722
25522552 be distributed pursuant to this subparagraph is at least as 1723
25532553 great as the amount due from the Revenue Sharing Trust Fund for 1724
25542554 Municipalities and the former Municipal Financial Assistance 1725
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25632563 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
25642564
25652565
25662566
25672567 Trust Fund in state fiscal year 1999 -2000, no municipality shall 1726
25682568 receive less than the amount due from the Revenue Sharing Trust 1727
25692569 Fund for Municipalities and the former Municipal Financial 1728
25702570 Assistance Trust Fund in state fiscal year 1999 -2000. If the 1729
25712571 total proceeds to be distributed are less than the amount 1730
25722572 received in combination from the Revenue Sharing Trust Fund for 1731
25732573 Municipalities and the former Municipal Financial Assistance 1732
25742574 Trust Fund in state fiscal year 1999 -2000, each municipality 1733
25752575 shall receive an amount proportio nate to the amount it was due 1734
25762576 in state fiscal year 1999 -2000. 1735
25772577 6. Of the remaining proceeds: 1736
25782578 a. In each fiscal year, the sum of $29,915,500 shall be 1737
25792579 divided into as many equal parts as there are counties in the 1738
25802580 state, and one part shall be distributed to each county. The 1739
25812581 distribution among the several counties must begin each fiscal 1740
25822582 year on or before January 5th and continue monthly for a total 1741
25832583 of 4 months. If a local or special law required that any moneys 1742
25842584 accruing to a county in fiscal year 1999 -2000 under the then-1743
25852585 existing provisions of s. 550.135 be paid directly to the 1744
25862586 district school board, special district, or a municipal 1745
25872587 government, such payment must continue until the local or 1746
25882588 special law is amended or repealed. The state covenants with 1747
25892589 holders of bonds or other instruments of indebtedness issued by 1748
25902590 local governments, special districts, or district school boards 1749
25912591 before July 1, 2000, that it is not the intent of this 1750
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26002600 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
26012601
26022602
26032603
26042604 subparagraph to adversely affect the rights of those holders or 1751
26052605 relieve local governments, special districts, or district school 1752
26062606 boards of the duty to meet their obligations as a result of 1753
26072607 previous pledges or assignments or trusts entered into which 1754
26082608 obligated funds received from the distribution to county 1755
26092609 governments under then -existing s. 550.135. This distribution 1756
26102610 specifically is in lieu of funds distributed under s. 550.135 1757
26112611 before July 1, 2000. 1758
26122612 b. The department shall distribute $166,667 monthly to 1759
26132613 each applicant certified as a facility for a new or retained 1760
26142614 professional sports fra nchise pursuant to s. 288.1162. Up to 1761
26152615 $41,667 shall be distributed monthly by the department to each 1762
26162616 certified applicant as defined in s. 288.11621 for a facility 1763
26172617 for a spring training franchise. However, not more than $416,670 1764
26182618 may be distributed monthly i n the aggregate to all certified 1765
26192619 applicants for facilities for spring training franchises. 1766
26202620 Distributions begin 60 days after such certification and 1767
26212621 continue for not more than 30 years, except as otherwise 1768
26222622 provided in s. 288.11621. A certified applicant ide ntified in 1769
26232623 this sub-subparagraph may not receive more in distributions than 1770
26242624 expended by the applicant for the public purposes provided in s. 1771
26252625 288.1162(5) or s. 288.11621(3). 1772
26262626 c. Beginning 30 days after notice by the Department of 1773
26272627 Economic Opportunity to th e Department of Revenue that an 1774
26282628 applicant has been certified as the professional golf hall of 1775
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26372637 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
26382638
26392639
26402640
26412641 fame pursuant to s. 288.1168 and is open to the public, $166,667 1776
26422642 shall be distributed monthly, for up to 300 months, to the 1777
26432643 applicant. 1778
26442644 d. Beginning 30 days afte r notice by the Department of 1779
26452645 Economic Opportunity to the Department of Revenue that the 1780
26462646 applicant has been certified as the International Game Fish 1781
26472647 Association World Center facility pursuant to s. 288.1169, and 1782
26482648 the facility is open to the public, $83,333 shall be distributed 1783
26492649 monthly, for up to 168 months, to the applicant. This 1784
26502650 distribution is subject to reduction pursuant to s. 288.1169. 1785
26512651 e. The department shall distribute up to $83,333 monthly 1786
26522652 to each certified applicant as defined in s. 288.11631 for a 1787
26532653 facility used by a single spring training franchise, or up to 1788
26542654 $166,667 monthly to each certified applicant as defined in s. 1789
26552655 288.11631 for a facility used by more than one spring training 1790
26562656 franchise. Monthly distributions begin 60 days after such 1791
26572657 certification or July 1, 2016, whichever is later, and continue 1792
26582658 for not more than 20 years to each certified applicant as 1793
26592659 defined in s. 288.11631 for a facility used by a single spring 1794
26602660 training franchise or not more than 25 years to each certified 1795
26612661 applicant as defined in s. 288.11631 for a facility used by more 1796
26622662 than one spring training franchise. A certified applicant 1797
26632663 identified in this sub -subparagraph may not receive more in 1798
26642664 distributions than expended by the applicant for the public 1799
26652665 purposes provided in s. 288.116 31(3). 1800
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26742674 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
26752675
26762676
26772677
26782678 f. The department shall distribute $15,333 monthly to the 1801
26792679 State Transportation Trust Fund. 1802
26802680 g.(I) On or before July 25, 2021, August 25, 2021, and 1803
26812681 September 25, 2021, the department shall distribute $324,533,334 1804
26822682 in each of those months to the Une mployment Compensation Trust 1805
26832683 Fund, less an adjustment for refunds issued from the General 1806
26842684 Revenue Fund pursuant to s. 443.131(3)(e)3. before making the 1807
26852685 distribution. The adjustments made by the department to the 1808
26862686 total distributions shall be equal to the to tal refunds made 1809
26872687 pursuant to s. 443.131(3)(e)3. If the amount of refunds to be 1810
26882688 subtracted from any single distribution exceeds the 1811
26892689 distribution, the department may not make that distribution and 1812
26902690 must subtract the remaining balance from the next distributio n. 1813
26912691 (II) Beginning July 2022, and on or before the 25th day of 1814
26922692 each month, the department shall distribute $90 million monthly 1815
26932693 to the Unemployment Compensation Trust Fund. 1816
26942694 (III) If the ending balance of the Unemployment 1817
26952695 Compensation Trust Fund exceeds $ 4,071,519,600 on the last day 1818
26962696 of any month, as determined from United States Department of the 1819
26972697 Treasury data, the Office of Economic and Demographic Research 1820
26982698 shall certify to the department that the ending balance of the 1821
26992699 trust fund exceeds such amount. 1822
27002700 (IV) This sub-subparagraph is repealed, and the department 1823
27012701 shall end monthly distributions under sub -sub-subparagraph (II), 1824
27022702 on the date the department receives certification under sub -sub-1825
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27112711 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
27122712
27132713
27142714
27152715 subparagraph (III). 1826
27162716 h. Beginning July 1, 2023, in each fiscal year, the 1827
27172717 department shall distribute $27.5 million to the Florida 1828
27182718 Agricultural Promotional Campaign Trust Fund under s. 571.26, 1829
27192719 for further distribution in accordance with s. 571.265. This 1830
27202720 sub-subparagraph is repealed June 30, 2025. 1831
27212721 7. All other proceeds mus t remain in the General Revenue 1832
27222722 Fund. 1833
27232723 Section 26. Paragraph (o) of subsection (8) of section 1834
27242724 213.053, Florida Statutes, is amended to read: 1835
27252725 213.053 Confidentiality and information sharing. — 1836
27262726 (8) Notwithstanding any other provision of this section, 1837
27272727 the department may provide: 1838
27282728 (o) Information relative to ss. 220.1845 , 220.199, and 1839
27292729 376.30781 to the Department of Environmental Protection in the 1840
27302730 conduct of its official business. 1841
27312731 1842
27322732 Disclosure of information under this subsection shall be 1843
27332733 pursuant to a written agreement between the executive director 1844
27342734 and the agency. Such agencies, governmental or nongovernmental, 1845
27352735 shall be bound by the same requirements of confidentiality as 1846
27362736 the Department of Revenue. Breach of confidentiality is a 1847
27372737 misdemeanor of the firs t degree, punishable as provided by s. 1848
27382738 775.082 or s. 775.083. 1849
27392739 Section 27. Subsection (8) of section 220.02, Florida 1850
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27482748 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
27492749
27502750
27512751
27522752 Statutes, is amended to read: 1851
27532753 220.02 Legislative intent. — 1852
27542754 (8) It is the intent of the Legislature that credits 1853
27552755 against either the co rporate income tax or the franchise tax be 1854
27562756 applied in the following order: those enumerated in s. 631.828, 1855
27572757 those enumerated in s. 220.191, those enumerated in s. 220.181, 1856
27582758 those enumerated in s. 220.183, those enumerated in s. 220.182, 1857
27592759 those enumerated in s . 220.1895, those enumerated in s. 220.195, 1858
27602760 those enumerated in s. 220.184, those enumerated in s. 220.186, 1859
27612761 those enumerated in s. 220.1845, those enumerated in s. 220.19, 1860
27622762 those enumerated in s. 220.185, those enumerated in s. 220.1875, 1861
27632763 those enumerated in s. 220.1876, those enumerated in s. 1862
27642764 220.1877, those enumerated in s. 220.193, those enumerated in s. 1863
27652765 288.9916, those enumerated in s. 220.1899, those enumerated in 1864
27662766 s. 220.194, those enumerated in s. 220.196, those enumerated in 1865
27672767 s. 220.198, and those enumerated in s. 220.1915 , those 1866
27682768 enumerated in s. 220.199, and those enumerated in s. 220.1991 . 1867
27692769 Section 28. Effective upon this act becoming a law, 1868
27702770 paragraph (n) of subsection (1) and paragraph (c) of subsection 1869
27712771 (2) of section 220.03, Florida Statutes, are amended to read: 1870
27722772 220.03 Definitions. — 1871
27732773 (1) SPECIFIC TERMS. —When used in this code, and when not 1872
27742774 otherwise distinctly expressed or manifestly incompatible with 1873
27752775 the intent thereof, the following terms shall have the following 1874
27762776 meanings: 1875
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27852785 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
27862786
27872787
27882788
27892789 (n) "Internal Revenue Code" means the United States 1876
27902790 Internal Revenue Code of 1986, as amended and in effect on 1877
27912791 January 1, 2023 2022, except as provided in subsection (3). 1878
27922792 (2) DEFINITIONAL RULES. —When used in this code and neither 1879
27932793 otherwise distinctly expressed nor manife stly incompatible with 1880
27942794 the intent thereof: 1881
27952795 (c) Any term used in this code has the same meaning as 1882
27962796 when used in a comparable context in the Internal Revenue Code 1883
27972797 and other statutes of the United States relating to federal 1884
27982798 income taxes, as such code and st atutes are in effect on January 1885
27992799 1, 2023 2022. However, if subsection (3) is implemented, the 1886
28002800 meaning of a term shall be taken at the time the term is applied 1887
28012801 under this code. 1888
28022802 Section 29. (1) The amendments made by this act to s. 1889
28032803 220.03, Florida Statut es, operate retroactively to January 1, 1890
28042804 2023. 1891
28052805 (2) This section shall take effect upon becoming a law. 1892
28062806 Section 30. Paragraph (a) of subsection (1) of section 1893
28072807 220.13, Florida Statutes, is amended to read: 1894
28082808 220.13 "Adjusted federal income" defined. — 1895
28092809 (1) The term "adjusted federal income" means an amount 1896
28102810 equal to the taxpayer's taxable income as defined in subsection 1897
28112811 (2), or such taxable income of more than one taxpayer as 1898
28122812 provided in s. 220.131, for the taxable year, adjusted as 1899
28132813 follows: 1900
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28222822 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
28232823
28242824
28252825
28262826 (a) Additions.—There shall be added to such taxable 1901
28272827 income: 1902
28282828 1.a. The amount of any tax upon or measured by income, 1903
28292829 excluding taxes based on gross receipts or revenues, paid or 1904
28302830 accrued as a liability to the District of Columbia or any state 1905
28312831 of the United States whi ch is deductible from gross income in 1906
28322832 the computation of taxable income for the taxable year. 1907
28332833 b. Notwithstanding sub -subparagraph a., if a credit taken 1908
28342834 under s. 220.1875, s. 220.1876, or s. 220.1877 is added to 1909
28352835 taxable income in a previous taxable year u nder subparagraph 11. 1910
28362836 and is taken as a deduction for federal tax purposes in the 1911
28372837 current taxable year, the amount of the deduction allowed shall 1912
28382838 not be added to taxable income in the current year. The 1913
28392839 exception in this sub -subparagraph is intended to ensu re that 1914
28402840 the credit under s. 220.1875, s. 220.1876, or s. 220.1877 is 1915
28412841 added in the applicable taxable year and does not result in a 1916
28422842 duplicate addition in a subsequent year. 1917
28432843 2. The amount of interest which is excluded from taxable 1918
28442844 income under s. 103(a) of the Internal Revenue Code or any other 1919
28452845 federal law, less the associated expenses disallowed in the 1920
28462846 computation of taxable income under s. 265 of the Internal 1921
28472847 Revenue Code or any other law, excluding 60 percent of any 1922
28482848 amounts included in alternative minimu m taxable income, as 1923
28492849 defined in s. 55(b)(2) of the Internal Revenue Code, if the 1924
28502850 taxpayer pays tax under s. 220.11(3). 1925
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28592859 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
28602860
28612861
28622862
28632863 3. In the case of a regulated investment company or real 1926
28642864 estate investment trust, an amount equal to the excess of the 1927
28652865 net long-term capital gain for the taxable year over the amount 1928
28662866 of the capital gain dividends attributable to the taxable year. 1929
28672867 4. That portion of the wages or salaries paid or incurred 1930
28682868 for the taxable year which is equal to the amount of the credit 1931
28692869 allowable for the ta xable year under s. 220.181. This 1932
28702870 subparagraph shall expire on the date specified in s. 290.016 1933
28712871 for the expiration of the Florida Enterprise Zone Act. 1934
28722872 5. That portion of the ad valorem school taxes paid or 1935
28732873 incurred for the taxable year which is equal to the amount of 1936
28742874 the credit allowable for the taxable year under s. 220.182. This 1937
28752875 subparagraph shall expire on the date specified in s. 290.016 1938
28762876 for the expiration of the Florida Enterprise Zone Act. 1939
28772877 6. The amount taken as a credit under s. 220.195 which is 1940
28782878 deductible from gross income in the computation of taxable 1941
28792879 income for the taxable year. 1942
28802880 7. That portion of assessments to fund a guaranty 1943
28812881 association incurred for the taxable year which is equal to the 1944
28822882 amount of the credit allowable for the taxable year. 1945
28832883 8. In the case of a nonprofit corporation which holds a 1946
28842884 pari-mutuel permit and which is exempt from federal income tax 1947
28852885 as a farmers' cooperative, an amount equal to the excess of the 1948
28862886 gross income attributable to the pari -mutuel operations over the 1949
28872887 attributable expenses for the taxable year. 1950
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28962896 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
28972897
28982898
28992899
29002900 9. The amount taken as a credit for the taxable year under 1951
29012901 s. 220.1895. 1952
29022902 10. Up to nine percent of the eligible basis of any 1953
29032903 designated project which is equal to the credit allowable for 1954
29042904 the taxable year under s. 2 20.185. 1955
29052905 11. Any amount taken as a credit for the taxable year 1956
29062906 under s. 220.1875, s. 220.1876, or s. 220.1877. The addition in 1957
29072907 this subparagraph is intended to ensure that the same amount is 1958
29082908 not allowed for the tax purposes of this state as both a 1959
29092909 deduction from income and a credit against the tax. This 1960
29102910 addition is not intended to result in adding the same expense 1961
29112911 back to income more than once. 1962
29122912 12. The amount taken as a credit for the taxable year 1963
29132913 under s. 220.193. 1964
29142914 13. Any portion of a qualified invest ment, as defined in 1965
29152915 s. 288.9913, which is claimed as a deduction by the taxpayer and 1966
29162916 taken as a credit against income tax pursuant to s. 288.9916. 1967
29172917 14. The costs to acquire a tax credit pursuant to s. 1968
29182918 288.1254(5) that are deducted from or otherwise reduce federal 1969
29192919 taxable income for the taxable year. 1970
29202920 15. The amount taken as a credit for the taxable year 1971
29212921 pursuant to s. 220.194. 1972
29222922 16. The amount taken as a credit for the taxable year 1973
29232923 under s. 220.196. The addition in this subparagraph is intended 1974
29242924 to ensure that the same amount is not allowed for the tax 1975
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29332933 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
29342934
29352935
29362936
29372937 purposes of this state as both a deduction from income and a 1976
29382938 credit against the tax. The addition is not intended to result 1977
29392939 in adding the same expense back to income more than once. 1978
29402940 17. The amount taken as a credit for the taxable year 1979
29412941 pursuant to s. 220.198. 1980
29422942 18. The amount taken as a credit for the taxable year 1981
29432943 pursuant to s. 220.1915. 1982
29442944 19. The amount taken as a credit for the taxable year 1983
29452945 pursuant to s. 220.199. 1984
29462946 20. The amount taken as a credit for th e taxable year 1985
29472947 pursuant to s. 220.1991. 1986
29482948 Section 31. Paragraph (f) of subsection (2) of section 1987
29492949 220.1845, Florida Statutes, is amended to read: 1988
29502950 220.1845 Contaminated site rehabilitation tax credit. — 1989
29512951 (2) AUTHORIZATION FOR TAX CREDIT; LIMITATIONS. — 1990
29522952 (f) Beginning in fiscal year 2023 -2024, the total amount 1991
29532953 of the tax credits which may be granted under this section is 1992
29542954 $35 $27.5 million in the 2021 -2022 fiscal year and $10 million 1993
29552955 in each fiscal year thereafter. 1994
29562956 Section 32. Section 220.199, Florida Statutes, is created 1995
29572957 to read: 1996
29582958 220.199 Residential graywater system tax credit. — 1997
29592959 (1) For purposes of this section, the term: 1998
29602960 (a) "Developer" has the same meaning as in s. 380.031(2). 1999
29612961 (b) "Graywater" has the same meaning as in s. 2000
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29702970 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
29712971
29722972
29732973
29742974 381.0065(2)(f). 2001
29752975 (2) For taxable years beginning on or after January 1, 2002
29762976 2024, a developer or homebuilder is eligible to receive a credit 2003
29772977 against the tax imposed by this chapter in an amount up to 50 2004
29782978 percent of the cost of each NSF/ANSI 350 Class R certified 2005
29792979 noncommercial, residential graywater system purchased during the 2006
29802980 taxable year. The tax credit may not exceed $4,200 for each 2007
29812981 system purchased. A developer or homebuilder may not receive 2008
29822982 total credits in excess of $2 million per taxable year. 2009
29832983 (3)(a) To claim a credit unde r this section, a developer 2010
29842984 or homebuilder must submit an application to the Department of 2011
29852985 Environmental Protection which includes documentation showing 2012
29862986 that the developer or homebuilder has purchased for use in this 2013
29872987 state a graywater system meeting the re quirements of subsection 2014
29882988 (2) and that the graywater system meets the functionality 2015
29892989 assurances provided in s. 403.892(3)(c). The Department of 2016
29902990 Environmental Protection shall make a determination on the 2017
29912991 eligibility of the applicant for the credit sought and shall 2018
29922992 certify the determination to the applicant and the Department of 2019
29932993 Revenue within 60 days after receipt of a completed application. 2020
29942994 The taxpayer must attach the certification from the Department 2021
29952995 of Environmental Protection to the tax return on which th e 2022
29962996 credit is claimed. 2023
29972997 (b) No credits may be certified by the Department of 2024
29982998 Environmental Protection for taxable years beginning on or after 2025
2999-ENROLLED
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30073007 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
30083008
30093009
30103010
30113011 January 1, 2027. 2026
30123012 (4) Any unused tax credit authorized under this section 2027
30133013 may be carried forward and claimed by th e taxpayer for up to 2 2028
30143014 taxable years. 2029
30153015 (5) The department may adopt rules to administer this 2030
30163016 section, including, but not limited to, rules prescribing the 2031
30173017 method to claim a credit certified by the Department of 2032
30183018 Environmental Protection under this section. 2033
30193019 (6) The Department of Environmental Protection may adopt 2034
30203020 rules to administer this section, including, but not limited to, 2035
30213021 rules relating to application forms for credit approval and 2036
30223022 certification and the application and certification procedures, 2037
30233023 guidelines, and requirements necessary to administer this 2038
30243024 section. 2039
30253025 (7) This section is repealed December 31, 2030. 2040
30263026 Section 33. Section 220.1991, Florida Statutes, is created 2041
30273027 to read: 2042
30283028 220.1991 Credit for manufacturing of human breast milk 2043
30293029 derived human milk fortifiers.— 2044
30303030 (1)(a) For taxable years beginning on or after January 1, 2045
30313031 2023, there is allowed a credit of 50 percent of the cost of 2046
30323032 manufacturing equipment purchased for use in the production of 2047
30333033 human breast milk derived human milk fortifiers in this s tate. 2048
30343034 Such purchase must be made on or before the date the taxpayer is 2049
30353035 required to file a return pursuant to s. 220.222. The credit 2050
3036-ENROLLED
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30443044 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
30453045
30463046
30473047
30483048 granted by this section must be reduced by the difference 2051
30493049 between the amount of federal corporate income tax, taking into 2052
30503050 account the credit granted by this section, and the amount of 2053
30513051 federal corporate income tax without application of the credit 2054
30523052 granted by this section. 2055
30533053 (b) Qualifying manufacturing equipment must be equipment 2056
30543054 for use in the production of human breast milk de rived human 2057
30553055 milk fortifiers: 2058
30563056 1. That can be sold as a product using a pasteurization or 2059
30573057 sterilization process. 2060
30583058 2. In compliance with all applicable United States Food 2061
30593059 and Drug Administration provisions. 2062
30603060 (c) Tax credits under this section are available only for 2063
30613061 purchases of qualifying manufacturing equipment made during the 2064
30623062 state fiscal year for which the application is submitted, or 2065
30633063 during the 6 months preceding such state fiscal year. 2066
30643064 (2)(a) The combined total amount of tax credits which ma y 2067
30653065 be granted to taxpayers under this section is $5 million in each 2068
30663066 of state fiscal years 2023 -2024 and 2024-2025. 2069
30673067 (b) The annual limitation under paragraph (a) applies for 2070
30683068 taxpayers whose taxable years begin on or after January 1 of the 2071
30693069 calendar year preceding the start of the applicable state fiscal 2072
30703070 year. 2073
30713071 (3)(a) The department may adopt rules governing the manner 2074
30723072 and form of applications for the tax credit and establishing 2075
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30813081 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
30823082
30833083
30843084
30853085 qualification requirements for the tax credit. The form must 2076
30863086 include an affidavit certifying that all information contained 2077
30873087 in the application is true and correct, and must require 2078
30883088 documentation of all costs incurred for which a credit is being 2079
30893089 claimed. 2080
30903090 (b) The department must approve the tax credit prior to 2081
30913091 the taxpayer taking the credit on a return. The department must 2082
30923092 approve credits on a first -come, first-served basis. If the 2083
30933093 department determines that an application is incomplete, the 2084
30943094 department shall notify the taxpayer in writing and the taxpayer 2085
30953095 shall have 30 days after recei ving such notification to correct 2086
30963096 any deficiency. If corrected in a timely manner, the application 2087
30973097 shall be deemed completed as of the date the application was 2088
30983098 first submitted; however, no additional costs may be added to 2089
30993099 the application and the amount of credit requested on the 2090
31003100 application may not be increased during the correction period. 2091
31013101 (c) A taxpayer may carry forward any unused portion of a 2092
31023102 tax credit under this section for up to 5 taxable years. 2093
31033103 (4)(a) A taxpayer who files a Florida consolidated return 2094
31043104 as a member of an affiliated group pursuant to s. 220.131(1) may 2095
31053105 be allowed the credit on a consolidated return basis. 2096
31063106 (b) A taxpayer may not convey, transfer, or assign an 2097
31073107 approved tax credit or a carryforward tax credit to another 2098
31083108 entity unless all of the assets of the taxpayer are conveyed, 2099
31093109 transferred, or assigned in the same transaction. However, a tax 2100
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31183118 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
31193119
31203120
31213121
31223122 credit under this section may be conveyed, transferred, or 2101
31233123 assigned between members of an affiliated group of corporations. 2102
31243124 A taxpayer shall notify the department of its intent to convey, 2103
31253125 transfer, or assign a tax credit to another member within an 2104
31263126 affiliated group of corporations. The amount conveyed, 2105
31273127 transferred, or assigned is available to another member of the 2106
31283128 affiliated group of corporations upon approval by the 2107
31293129 department. 2108
31303130 (c) Within 10 days after approving or denying the 2109
31313131 conveyance, transfer, or assignment of a tax credit under 2110
31323132 paragraph (b), the department shall provide a copy of its 2111
31333133 approval or denial letter to the corporation. 2112
31343134 (5) If a taxpayer applies and is approved for a credit 2113
31353135 under this section after timely requesting an extension to file 2114
31363136 under s. 220.222(2), the: 2115
31373137 (a) Credit does not reduce the amount of tax due for 2116
31383138 purposes of the department's determination as to whether the 2117
31393139 taxpayer was in compliance with the requirement to pay tentative 2118
31403140 taxes under ss. 220.222 and 220.32. 2119
31413141 (b) Taxpayer's noncompliance with the requirement to pay 2120
31423142 tentative taxes shall result in the revocation and rescindment 2121
31433143 of any such credit. 2122
31443144 (c) Taxpayer shall be assessed for any taxes, penalties, 2123
31453145 or interest due from the taxpayer's noncompliance with the 2124
31463146 requirement to pay tentative taxes. For purposes of calculating 2125
3147-ENROLLED
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31553155 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
31563156
31573157
31583158
31593159 the underpayment of estimated corporate income taxes under s. 2126
31603160 220.34, the final amount d ue is the amount after credits earned 2127
31613161 under this section are deducted. 2128
31623162 (6) For purposes of determining if a penalty or interest 2129
31633163 under s. 220.34(2)(d)1. will be imposed for underpayment of 2130
31643164 estimated corporate income tax, a taxpayer may, after earning a 2131
31653165 credit under this section, reduce any estimated payment in that 2132
31663166 taxable year by the amount of the credit. 2133
31673167 (7) This section is repealed December 31, 2031. 2134
31683168 Section 34. Paragraph (c) of subsection (2) of section 2135
31693169 220.222, Florida Statutes, as amended by se ction 22 of chapter 2136
31703170 2023-17, Laws of Florida, is amended to read: 2137
31713171 220.222 Returns; time and place for filing. — 2138
31723172 (2) 2139
31733173 (c)1. For purposes of this subsection, a taxpayer is not 2140
31743174 in compliance with s. 220.32 if the taxpayer underpays the 2141
31753175 required payment by more than the greater of $2,000 or 30 2142
31763176 percent of the tax shown on the return when filed. 2143
31773177 2. For the purpose of determining compliance with s. 2144
31783178 220.32 as referenced in subparagraph 1., the tax shown on the 2145
31793179 return when filed must include the amount of the a llowable 2146
31803180 credits taken on the return pursuant to s. 220.1875, s. 2147
31813181 220.1876, s. 220.1877, or s. 220.1878. 2148
31823182 Section 35. Paragraph (a) of subsection (4) of section 2149
31833183 336.021, Florida Statutes, is amended to read: 2150
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31923192 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
31933193
31943194
31953195
31963196 336.021 County transportation system; levy o f ninth-cent 2151
31973197 fuel tax on motor fuel and diesel fuel. — 2152
31983198 (4)(a)1. A certified copy of the ordinance proposing to 2153
31993199 levy the tax pursuant to referendum shall be furnished by the 2154
32003200 county to the department within 10 days after approval of such 2155
32013201 ordinance. 2156
32023202 2. A referendum to adopt, amend, or reenact a tax under 2157
32033203 this subsection must shall be held only at a general election , 2158
32043204 as defined in s. 97.021. A referendum to reenact an expiring tax 2159
32053205 must be held at a general election occurring within the 48 -month 2160
32063206 period immediately preceding the effective date of the reenacted 2161
32073207 tax, and the referendum may appear on the ballot only once 2162
32083208 within the 48-month period. 2163
32093209 3. The county levying the tax pursuant to referendum shall 2164
32103210 notify the department within 10 days after the passage o f the 2165
32113211 referendum of such passage and of the time period during which 2166
32123212 the tax will be levied. The failure to furnish the certified 2167
32133213 copy will not invalidate the passage of the ordinance. 2168
32143214 Section 36. Paragraph (b) of subsection (1) and paragraph 2169
32153215 (b) of subsection (3) of section 336.025, Florida Statutes, are 2170
32163216 amended to read: 2171
32173217 336.025 County transportation system; levy of local option 2172
32183218 fuel tax on motor fuel and diesel fuel. — 2173
32193219 (1) 2174
32203220 (b) In addition to other taxes allowed by law, there may 2175
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32293229 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
32303230
32313231
32323232
32333233 be levied as provided in s. 206.41(1)(e) a 1 -cent, 2-cent, 3-2176
32343234 cent, 4-cent, or 5-cent local option fuel tax upon every gallon 2177
32353235 of motor fuel sold in a county and taxed under the provisions of 2178
32363236 part I of chapter 206. The tax shall be levied by an ordinance 2179
32373237 adopted by a majority plus one vote of the membership of the 2180
32383238 governing body of the county or by referendum. A referendum to 2181
32393239 adopt, amend, or reenact a tax under this subsection must shall 2182
32403240 be held only at a general election , as defined in s. 97.021. A 2183
32413241 referendum to reenact an e xpiring tax must be held at a general 2184
32423242 election occurring within the 48 -month period immediately 2185
32433243 preceding the effective date of the reenacted tax, and the 2186
32443244 referendum may appear on the ballot only once within the 48 -2187
32453245 month period. 2188
32463246 1. All impositions and ra te changes of the tax shall be 2189
32473247 levied before October 1, to be effective January 1 of the 2190
32483248 following year. However, levies of the tax which were in effect 2191
32493249 on July 1, 2002, and which expire on August 31 of any year may 2192
32503250 be reimposed at the current authorized r ate provided the tax is 2193
32513251 levied before July 1 and is effective September 1 of the year of 2194
32523252 expiration. 2195
32533253 2. The county may, prior to levy of the tax, establish by 2196
32543254 interlocal agreement with one or more municipalities located 2197
32553255 therein, representing a majority o f the population of the 2198
32563256 incorporated area within the county, a distribution formula for 2199
32573257 dividing the entire proceeds of the tax among county government 2200
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32663266 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
32673267
32683268
32693269
32703270 and all eligible municipalities within the county. If no 2201
32713271 interlocal agreement is adopted before the effe ctive date of the 2202
32723272 tax, tax revenues shall be distributed pursuant to the 2203
32733273 provisions of subsection (4). If no interlocal agreement exists, 2204
32743274 a new interlocal agreement may be established prior to June 1 of 2205
32753275 any year pursuant to this subparagraph. However, any interlocal 2206
32763276 agreement agreed to under this subparagraph after the initial 2207
32773277 levy of the tax or change in the tax rate authorized in this 2208
32783278 section shall under no circumstances materially or adversely 2209
32793279 affect the rights of holders of outstanding bonds which are 2210
32803280 backed by taxes authorized by this paragraph, and the amounts 2211
32813281 distributed to the county government and each municipality shall 2212
32823282 not be reduced below the amount necessary for the payment of 2213
32833283 principal and interest and reserves for principal and interest 2214
32843284 as required under the covenants of any bond resolution 2215
32853285 outstanding on the date of establishment of the new interlocal 2216
32863286 agreement. 2217
32873287 3. County and municipal governments shall use moneys 2218
32883288 received pursuant to this paragraph for transportation 2219
32893289 expenditures needed to meet the requirements of the capital 2220
32903290 improvements element of an adopted comprehensive plan or for 2221
32913291 expenditures needed to meet immediate local transportation 2222
32923292 problems and for other transportation -related expenditures that 2223
32933293 are critical for building comprehen sive roadway networks by 2224
32943294 local governments. For purposes of this paragraph, expenditures 2225
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33033303 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
33043304
33053305
33063306
33073307 for the construction of new roads, the reconstruction or 2226
33083308 resurfacing of existing paved roads, or the paving of existing 2227
33093309 graded roads shall be deemed to increase capaci ty and such 2228
33103310 projects shall be included in the capital improvements element 2229
33113311 of an adopted comprehensive plan. Expenditures for purposes of 2230
33123312 this paragraph shall not include routine maintenance of roads. 2231
33133313 (3) The tax authorized pursuant to paragraph (1)(a) s hall 2232
33143314 be levied using either of the following procedures: 2233
33153315 (b) If no interlocal agreement or resolution is adopted 2234
33163316 pursuant to subparagraph (a)1. or subparagraph (a)2., 2235
33173317 municipalities representing more than 50 percent of the county 2236
33183318 population may, prior to June 20, adopt uniform resolutions 2237
33193319 approving the local option tax, establishing the duration of the 2238
33203320 levy and the rate authorized in paragraph (1)(a), and setting 2239
33213321 the date for a countywide referendum on whether to levy the tax. 2240
33223322 A referendum to adopt, amend, or reenact a tax under this 2241
33233323 subsection must shall be held only at a general election , as 2242
33243324 defined in s. 97.021. A referendum to reenact an expiring tax 2243
33253325 must be held at a general election occurring within the 48 -month 2244
33263326 period immediately preceding the effec tive date of the reenacted 2245
33273327 surtax, and the referendum may appear on the ballot only once 2246
33283328 within the 48-month period. The tax shall be levied and 2247
33293329 collected countywide on January 1 following 30 days after voter 2248
33303330 approval. 2249
33313331 Section 37. Subsection (4) of sec tion 376.30781, Florida 2250
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33403340 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
33413341
33423342
33433343
33443344 Statutes, is amended to read: 2251
33453345 376.30781 Tax credits for rehabilitation of drycleaning -2252
33463346 solvent-contaminated sites and brownfield sites in designated 2253
33473347 brownfield areas; application process; rulemaking authority; 2254
33483348 revocation authority. — 2255
33493349 (4) The Department of Environmental Protection is 2256
33503350 responsible for allocating the tax credits provided for in s. 2257
33513351 220.1845, which may not exceed $35 a total of $27.5 million in 2258
33523352 tax credits in fiscal year 2021 -2022 and $10 million in tax 2259
33533353 credits each fiscal year thereafter. 2260
33543354 Section 38. Paragraph (a) of subsection (5) of section 2261
33553355 402.62, Florida Statutes, is amended to read: 2262
33563356 402.62 Strong Families Tax Credit. — 2263
33573357 (5) STRONG FAMILIES TAX CREDITS; APPLICATIONS, TRANSFERS, 2264
33583358 AND LIMITATIONS.— 2265
33593359 (a) Beginning in fiscal year 2023-2024 2022-2023, the tax 2266
33603360 credit cap amount is $20 $10 million in each state fiscal year. 2267
33613361 Section 39. Section 550.09516, Florida Statutes, is 2268
33623362 created to read: 2269
33633363 550.09516 Credit for eligible permitholders conducting 2270
33643364 thoroughbred racing.— 2271
33653365 (1) Beginning July 1, 2023, each permitholder authorized 2272
33663366 to conduct pari-mutuel wagering meets of thoroughbred racing 2273
33673367 under this chapter is eligible for a credit equal to the amount 2274
33683368 paid by the permitholder in the prior state fiscal ye ar to the 2275
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33773377 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
33783378
33793379
33803380
33813381 federal Horseracing Integrity and Safety Authority, inclusive of 2276
33823382 any applicable true-up calculations or credits made, granted, or 2277
33833383 applied to the assessment imposed on the permitholder or the 2278
33843384 state by such authority, for covered horse racing in th e state, 2279
33853385 pursuant to the Horseracing Integrity and Safety Act of 2020 as 2280
33863386 set forth in the Consolidated Appropriations Act, 2021, Pub. L. 2281
33873387 No. 116-260. 2282
33883388 (2) The commission shall require sufficient documentation 2283
33893389 to substantiate the amounts paid by an eligibl e permitholder to 2284
33903390 qualify for the tax credit under this section. 2285
33913391 (3) Beginning July 1, 2023, and each July 1 thereafter, 2286
33923392 each permitholder granted a credit pursuant to this section may 2287
33933393 apply the credit to the taxes and fees due under ss. 550.0951, 2288
33943394 550.09515, and 550.3551(3), less any credit received by the 2289
33953395 permitholder under s. 550.09515(6), and less the amount of state 2290
33963396 taxes that would otherwise be due to the state for the conduct 2291
33973397 of charity day performances under s. 550.0351(4). The unused 2292
33983398 portion of the credit may be carried forward and applied each 2293
33993399 month as taxes and fees become due. Any unused credit remaining 2294
34003400 at the end of a fiscal year expires and may not be used. 2295
34013401 (4) The commission may adopt rules to implement this 2296
34023402 section. 2297
34033403 Section 40. Section 571.26, Florida Statutes, is amended 2298
34043404 to read: 2299
34053405 571.26 Florida Agricultural Promotional Campaign Trust 2300
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34143414 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
34153415
34163416
34173417
34183418 Fund.—There is hereby created the Florida Agricultural 2301
34193419 Promotional Campaign Trust Fund within the Department of 2302
34203420 Agriculture and Consumer Services to re ceive all moneys related 2303
34213421 to the Florida Agricultural Promotional Campaign. Moneys 2304
34223422 deposited in the trust fund shall be appropriated for the sole 2305
34233423 purpose of implementing the Florida Agricultural Promotional 2306
34243424 Campaign, except for money deposited in the trust fund pursuant 2307
34253425 to s. 212.20(6)(d)6.h., which shall be held separately and used 2308
34263426 solely for the purposes identified in s. 571.265 . 2309
34273427 Section 41. The amendments made by this act to s. 571.26, 2310
34283428 Florida Statutes, expire on July 1, 2025, and the text of that 2311
34293429 section shall revert to that in existence on June 30, 2023, 2312
34303430 except that any amendments to such text enacted other than by 2313
34313431 this act must be preserved and continue to operate to the extent 2314
34323432 such amendments are not dependent upon the portions of the text 2315
34333433 which expire pursuant to this section. 2316
34343434 Section 42. Section 571.265, Florida Statutes, is created 2317
34353435 to read: 2318
34363436 571.265 Promotion of Florida thoroughbred breeding and of 2319
34373437 thoroughbred racing at Florida thoroughbred tracks; distribution 2320
34383438 of funds.— 2321
34393439 (1) For purposes of this section, the term: 2322
34403440 (a) "Association" means the Florida Thoroughbred Breeders' 2323
34413441 Association, Inc. 2324
34423442 (b) "Permitholder" has the same meaning as in s. 2325
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34513451 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
34523452
34533453
34543454
34553455 550.002(23). 2326
34563456 (2) Funds deposited into the Florida Agricultural 2327
34573457 Promotional Campaign Trust Fund p ursuant to s. 212.20(6)(d)6.h. 2328
34583458 shall be used by the department to encourage the agricultural 2329
34593459 activity of breeding thoroughbred racehorses in this state and 2330
34603460 to enhance thoroughbred racing conducted at thoroughbred tracks 2331
34613461 in this state as provided in this se ction. If the funds made 2332
34623462 available under this section are not fully used in any one 2333
34633463 fiscal year, any unused amounts shall be carried forward in the 2334
34643464 trust fund into future fiscal years and made available for 2335
34653465 distribution as provided in this section. 2336
34663466 (3) The department shall distribute the funds made 2337
34673467 available under this section as follows: 2338
34683468 (a) Five million dollars shall be distributed to the 2339
34693469 association to be used for the following: 2340
34703470 1. Purses or purse supplements for Florida -bred or 2341
34713471 Florida-sired horses registered with the association that 2342
34723472 participate in Florida thoroughbred races. 2343
34733473 2. Awards to breeders of Florida -bred horses registered 2344
34743474 with the association that win, place, or show in Florida 2345
34753475 thoroughbred races. 2346
34763476 3. Awards to owners of stallions who sired Florida-bred 2347
34773477 horses registered with the association that win Florida 2348
34783478 thoroughbred stakes races, if the stallions are registered with 2349
34793479 the association as Florida stallions standing in this state. 2350
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34883488 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
34893489
34903490
34913491
34923492 4. Other racing incentives connected to Florida -bred or 2351
34933493 Florida-sired horses registered with the association that 2352
34943494 participate in thoroughbred races in Florida. 2353
34953495 5. Awards administration. 2354
34963496 6. Promotion of the Florida thoroughbred breeding 2355
34973497 industry. 2356
34983498 (b) Five million dollars shall be distributed to Tampa Bay 2357
34993499 Downs, Inc., to be used as purses in thoroughbred races 2358
35003500 conducted at its pari -mutuel facilities and for the maintenance 2359
35013501 and operation of that facility, pursuant to an agreement with 2360
35023502 its local majority horsemen's group. 2361
35033503 (c) Fifteen million dollars shall be distributed to 2362
35043504 Gulfstream Park Racing Association, Inc., to be used as purses 2363
35053505 in thoroughbred races conducted at its pari -mutuel facility and 2364
35063506 for the maintenance and operation of its facility, pursuant to 2365
35073507 an agreement with the Florida Horsemen's Benevol ent and 2366
35083508 Protective Association, Inc. 2367
35093509 (d) Two and one-half million dollars shall be distributed 2368
35103510 as follows: 2369
35113511 1. Two million dollars to Gulfstream Park Racing 2370
35123512 Association, Inc., to be used as purses and purse supplements 2371
35133513 for Florida-bred or Florida-sired horses registered with the 2372
35143514 association that participate in thoroughbred races at the 2373
35153515 permitholder's pari-mutuel facility, pursuant to a written 2374
35163516 agreement filed with the department establishing the rates, 2375
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35253525 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
35263526
35273527
35283528
35293529 procedures, and eligibility requirements entered int o by the 2376
35303530 permitholder, the association, and the Florida Horsemen's 2377
35313531 Benevolent and Protective Association, Inc. 2378
35323532 2. Five hundred thousand dollars to Tampa Bay Downs, Inc., 2379
35333533 to be used as purses and purse supplements for Florida -bred or 2380
35343534 Florida-sired horses registered with the association that 2381
35353535 participate in thoroughbred races at the permitholder's pari -2382
35363536 mutuel facility, pursuant to a written agreement filed with the 2383
35373537 department establishing the rates, procedures, and eligibility 2384
35383538 requirements entered into by th e permitholder, the association, 2385
35393539 and the local majority horsemen's group at the permitholder's 2386
35403540 pari-mutuel facility. 2387
35413541 (4) On or before the first day of the August following 2388
35423542 each fiscal year in which a recipient under this section 2389
35433543 received or used funds pursuant to this section, each such 2390
35443544 recipient must submit a report to the department detailing how 2391
35453545 all funds were used in the prior fiscal year. 2392
35463546 (5) This section is repealed July 1, 2025, unless reviewed 2393
35473547 and saved from repeal by the Legislature. 2394
35483548 Section 43. Clothing, wallets, and bags; school supplies; 2395
35493549 learning aids and jigsaw puzzles; personal computers and 2396
35503550 personal computer-related accessories; sales tax holidays. — 2397
35513551 (1) The tax levied under chapter 212, Florida Statutes, 2398
35523552 may not be collected during the period from July 24, 2023, 2399
35533553 through August 6, 2023, or during the period from January 1, 2400
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35623562 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
35633563
35643564
35653565
35663566 2024, through January 14, 2024, on the retail sale of: 2401
35673567 (a) Clothing, wallets, or bags, including handbags, 2402
35683568 backpacks, fanny packs, and diaper bags, but excluding 2403
35693569 briefcases, suitcases, and other garment bags, having a sales 2404
35703570 price of $100 or less per item. As used in this paragraph, the 2405
35713571 term "clothing" means: 2406
35723572 1. Any article of wearing apparel intended to be worn on 2407
35733573 or about the human body, excluding watches, watc hbands, jewelry, 2408
35743574 umbrellas, and handkerchiefs; and 2409
35753575 2. All footwear, excluding skis, swim fins, roller blades, 2410
35763576 and skates. 2411
35773577 (b) School supplies having a sales price of $50 or less 2412
35783578 per item. As used in this paragraph, the term "school supplies" 2413
35793579 means pens, pencils, erasers, crayons, notebooks, notebook 2414
35803580 filler paper, legal pads, binders, lunch boxes, construction 2415
35813581 paper, markers, folders, poster board, composition books, poster 2416
35823582 paper, scissors, cellophane tape, glue or paste, rulers, 2417
35833583 computer disks, staplers and staples used to secure paper 2418
35843584 products, protractors, compasses, and calculators. 2419
35853585 (c) Learning aids and jigsaw puzzles having a sales price 2420
35863586 of $30 or less. As used in this paragraph, the term "learning 2421
35873587 aids" means flashcards or other learning cards, matching or 2422
35883588 other memory games, puzzle books and search -and-find books, 2423
35893589 interactive or electronic books and toys intended to teach 2424
35903590 reading or math skills, and stacking or nesting blocks or sets. 2425
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35993599 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
36003600
36013601
36023602
36033603 (d) Personal computers or personal computer -related 2426
36043604 accessories purchased for noncommercial home or personal use 2427
36053605 having a sales price of $1,500 or less. As used in this 2428
36063606 paragraph, the term: 2429
36073607 1. "Personal computers" includes electronic book readers, 2430
36083608 laptops, desktops, handhelds, tablets, or tower computers. The 2431
36093609 term does not include cellular telephones, video game consoles, 2432
36103610 digital media receivers, or devices that are not primarily 2433
36113611 designed to process data. 2434
36123612 2. "Personal computer -related accessories" includes 2435
36133613 keyboards, mice, personal digital assistants, monitors, other 2436
36143614 peripheral devices, modems, routers, and nonrecreational 2437
36153615 software, regardless of whether the accessories are used in 2438
36163616 association with a personal computer base unit. The term does 2439
36173617 not include furniture or systems, devices, software, monitors 2440
36183618 with a television tuner, or peripherals that are designed or 2441
36193619 intended primarily for recreational use. 2442
36203620 (2) The tax exemptions provided in this section do not 2443
36213621 apply to sales within a theme park or entertainment complex as 2444
36223622 defined in s. 509.013(9), Florida Statutes , within a public 2445
36233623 lodging establishment as defined in s. 509.013(4), Florida 2446
36243624 Statutes, or within an airport as defined in s. 330.27(2), 2447
36253625 Florida Statutes. 2448
36263626 (3) The tax exemptions provided in this section apply at 2449
36273627 the option of the dealer if less than 5 per cent of the dealer's 2450
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36363636 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
36373637
36383638
36393639
36403640 gross sales of tangible personal property in the prior calendar 2451
36413641 year consisted of items that would be exempt under this section. 2452
36423642 If a qualifying dealer chooses not to participate in the tax 2453
36433643 holiday, by July 17, 2023, for the tax holida y beginning July 2454
36443644 24, 2023, and by December 23, 2023, for the tax holiday 2455
36453645 beginning January 1, 2024, the dealer must notify the Department 2456
36463646 of Revenue in writing of its election to collect sales tax 2457
36473647 during the holiday and must post a copy of that notice in a 2458
36483648 conspicuous location at its place of business. 2459
36493649 (4) The Department of Revenue is authorized, and all 2460
36503650 conditions are deemed met, to adopt emergency rules pursuant to 2461
36513651 s. 120.54(4), Florida Statutes, for the purpose of implementing 2462
36523652 this section. 2463
36533653 (5) This section shall take effect upon this act becoming 2464
36543654 a law. 2465
36553655 Section 44. Disaster preparedness supplies; sales tax 2466
36563656 holiday.— 2467
36573657 (1) The tax levied under chapter 212, Florida Statutes, 2468
36583658 may not be collected during the period from May 27, 2023, 2469
36593659 through June 9, 2023, or during the period from August 26, 2023, 2470
36603660 through September 8, 2023, on the sale of: 2471
36613661 (a) A portable self -powered light source with a sales 2472
36623662 price of $40 or less. 2473
36633663 (b) A portable self -powered radio, two-way radio, or 2474
36643664 weather-band radio with a sales price of $50 or less. 2475
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36733673 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
36743674
36753675
36763676
36773677 (c) A tarpaulin or other flexible waterproof sheeting with 2476
36783678 a sales price of $100 or less. 2477
36793679 (d) An item normally sold as, or generally advertised as, 2478
36803680 a ground anchor system or tie -down kit with a sales price of 2479
36813681 $100 or less. 2480
36823682 (e) A gas or diesel fuel tank with a sales price of $50 or 2481
36833683 less. 2482
36843684 (f) A package of AA -cell, AAA-cell, C-cell, D-cell, 6- 2483
36853685 volt, or 9-volt batteries, excluding automobile and boat 2484
36863686 batteries, with a sales price of $50 or less. 2485
36873687 (g) A nonelectric food storage co oler with a sales price 2486
36883688 of $60 or less. 2487
36893689 (h) A portable generator used to provide light or 2488
36903690 communications or preserve food in the event of a power outage 2489
36913691 with a sales price of $3,000 or less. 2490
36923692 (i) Reusable ice with a sales price of $20 or less. 2491
36933693 (j) A portable power bank with a sales price of $60 or 2492
36943694 less. 2493
36953695 (k) A smoke detector or smoke alarm with a sales price of 2494
36963696 $70 or less. 2495
36973697 (l) A fire extinguisher with a sales price of $70 or less. 2496
36983698 (m) A carbon monoxide detector with a sales price of $70 2497
36993699 or less. 2498
37003700 (n) The following supplies necessary for the evacuation of 2499
37013701 household pets purchased for noncommercial use: 2500
3702-ENROLLED
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37103710 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
37113711
37123712
37133713
37143714 1. Bags of dry dog food or cat food weighing 50 or fewer 2501
37153715 pounds with a sales price of $100 or less per bag. 2502
37163716 2. Cans or pouches of wet dog food or cat food with a 2503
37173717 sales price of $10 or less per can or pouch or the equivalent if 2504
37183718 sold in a box or case. 2505
37193719 3. Over-the-counter pet medications with a sales price of 2506
37203720 $100 or less per item. 2507
37213721 4. Portable kennels or pet carriers with a sales price of 2508
37223722 $100 or less per item. 2509
37233723 5. Manual can openers with a sales price of $15 or less 2510
37243724 per item. 2511
37253725 6. Leashes, collars, and muzzles with a sales price of $20 2512
37263726 or less per item. 2513
37273727 7. Collapsible or travel -sized food bowls or water bowls 2514
37283728 with a sales price of $15 or less per item. 2515
37293729 8. Cat litter weighing 25 or fewer pounds with a sales 2516
37303730 price of $25 or less per item. 2517
37313731 9. Cat litter pans with a sales price of $15 or less per 2518
37323732 item. 2519
37333733 10. Pet waste disposal bags with a sales price of $15 or 2520
37343734 less per package. 2521
37353735 11. Pet pads with a sales price of $20 or less per box or 2522
37363736 package. 2523
37373737 12. Hamster or rabbit substrate with a sales price of $15 2524
37383738 or less per package. 2525
3739-ENROLLED
3740-HB 7063, Engrossed 1 2023 Legislature
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37473747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
37483748
37493749
37503750
37513751 13. Pet beds with a sales price of $40 or less per item. 2526
37523752 (o) Common household consumable items with a sales price 2527
37533753 of $30 or less. For purposes of this exemption, common household 2528
37543754 consumable items means: 2529
37553755 1. The following laundry detergent and supplies: powder 2530
37563756 detergent; liquid detergent; or pod detergent, fabric softener, 2531
37573757 dryer sheets, stain removers, and bleach. 2532
37583758 2. Toilet paper. 2533
37593759 3. Paper towels. 2534
37603760 4. Paper napkins and tissues. 2535
37613761 5. Facial tissues. 2536
37623762 6. Hand soap, bar soap and body wash. 2537
37633763 7. Sunscreen and sunblock. 2538
37643764 8. Dish soap and detergents, including powder detergents, 2539
37653765 liquid detergents, or pod detergents or rinse agents that can be 2540
37663766 used in dishwashers. 2541
37673767 9. Cleaning or disinfecting wipes and sprays. 2542
37683768 10. Hand sanitizer. 2543
37693769 11. Trash bags. 2544
37703770 (2) The tax exemptions provided in this section do not 2545
37713771 apply to sales within a theme park or entertainment complex as 2546
37723772 defined in s. 509.013(9), Florida Statutes, within a public 2547
37733773 lodging establishment as defined in s. 509.013(4), Florida 2548
37743774 Statutes, or within an airport as defined in s. 330.27(2), 2549
37753775 Florida Statutes. 2550
3776-ENROLLED
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37843784 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
37853785
37863786
37873787
37883788 (3) The Department of Revenue is authorized, and all 2551
37893789 conditions are deemed met, to adopt emergency rules pursuant to 2552
37903790 s. 120.54(4), Florida Statutes, for the purpose of implementing 2553
37913791 this section. 2554
37923792 (4) This section shall take effect upon this act becoming 2555
37933793 a law. 2556
37943794 Section 45. Freedom Summer; sales tax holid ay.— 2557
37953795 (1) The taxes levied under chapter 212, Florida Statutes, 2558
37963796 may not be collected on purchases made during the period from 2559
37973797 May 29, 2023, through September 4, 2023, on: 2560
37983798 (a) The sale by way of admissions, as defined in s. 2561
37993799 212.02(1), Florida Statutes, f or: 2562
38003800 1. A live music event scheduled to be held on any date or 2563
38013801 dates from May 29, 2023, through December 31, 2023; 2564
38023802 2. A live sporting event scheduled to be held on any date 2565
38033803 or dates from May 29, 2023, through December 31, 2023; 2566
38043804 3. A movie to be shown in a movie theater on any date or 2567
38053805 dates from May 29, 2023, through December 31, 2023; 2568
38063806 4. Entry to a museum, including any annual passes; 2569
38073807 5. Entry to a state park, including any annual passes; 2570
38083808 6. Entry to a ballet, play, or musical theatre performance 2571
38093809 scheduled to be held on any date or dates from May 29, 2023, 2572
38103810 through December 31, 2023; 2573
38113811 7. Season tickets for ballets, plays, music events, or 2574
38123812 musical theatre performances; 2575
3813-ENROLLED
3814-HB 7063, Engrossed 1 2023 Legislature
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38213821 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
38223822
38233823
38243824
38253825 8. Entry to a fair, festival, or cultural event scheduled 2576
38263826 to be held on any da te or dates from May 29, 2023, through 2577
38273827 December 31, 2023; or 2578
38283828 9. Use of or access to private and membership clubs 2579
38293829 providing physical fitness facilities from May 29, 2023, through 2580
38303830 December 31, 2023. 2581
38313831 (b) The retail sale of boating and water activity 2582
38323832 supplies, camping supplies, fishing supplies, general outdoor 2583
38333833 supplies, residential pool supplies, children's toys and 2584
38343834 children's athletic equipment. As used in this section, the 2585
38353835 term: 2586
38363836 1. "Boating and water activity supplies" means life 2587
38373837 jackets and coolers wi th a sales price of $75 or less; 2588
38383838 recreational pool tubes, pool floats, inflatable chairs, and 2589
38393839 pool toys with a sales price of $35 or less; safety flares with 2590
38403840 a sales price of $50 or less; water skis, wakeboards, 2591
38413841 kneeboards, and recreational inflatable wate r tubes or floats 2592
38423842 capable of being towed with a sales price of $150 or less; 2593
38433843 paddleboards and surfboards with a sales price of $300 or less; 2594
38443844 canoes and kayaks with a sales price of $500 or less; paddles 2595
38453845 and oars with a sales price of $75 or less; and snork els, 2596
38463846 goggles, and swimming masks with a sales price of $25 or less. 2597
38473847 2. "Camping supplies" means tents with a sales price of 2598
38483848 $200 or less; sleeping bags, portable hammocks, camping stoves, 2599
38493849 and collapsible camping chairs with a sales price of $50 or 2600
3850-ENROLLED
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38583858 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
38593859
38603860
38613861
38623862 less; and camping lanterns and flashlights with a sales price of 2601
38633863 $30 or less. 2602
38643864 3. "Fishing supplies" means rods and reels with a sales 2603
38653865 price of $75 or less if sold individually, or $150 or less if 2604
38663866 sold as a set; tackle boxes or bags with a sales price of $30 or 2605
38673867 less; and bait or fishing tackle with a sales price of $5 or 2606
38683868 less if sold individually, or $10 or less if multiple items are 2607
38693869 sold together. The term does not include supplies used for 2608
38703870 commercial fishing purposes. 2609
38713871 4. "General outdoor supplies" means suns creen, sunblock, 2610
38723872 or insect repellant with a sales price of $15 or less; 2611
38733873 sunglasses with a sales price of $100 or less; binoculars with a 2612
38743874 sales prices of $200 or less; water bottles with a sales price 2613
38753875 of $30 or less; hydration packs with a sales price of $5 0 or 2614
38763876 less; outdoor gas or charcoal grills with a sales price of $250 2615
38773877 or less; bicycle helmets with a sales price of $50 or less; and 2616
38783878 bicycles with a sales price of $500 or less. 2617
38793879 5. "Residential pool supplies" means individual 2618
38803880 residential pool and spa rep lacement parts, nets, filters, 2619
38813881 lights, and covers with a sales price of $100 or less; and 2620
38823882 residential pool and spa chemicals purchased by an individual 2621
38833883 with a sales price of $150 or less. 2622
38843884 6. "Children's athletic equipment" means a consumer 2623
38853885 product with a sales price of $100 or less designed or intended 2624
38863886 by the manufacturer for use by a child 12 years of age or 2625
3887-ENROLLED
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38953895 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
38963896
38973897
38983898
38993899 younger when the child engages in an athletic activity. In 2626
39003900 determining whether consumer products are designed or intended 2627
39013901 for use by a child 12 year s of age or younger, the following 2628
39023902 factors shall be considered: 2629
39033903 a. A statement by a manufacturer about the intended use of 2630
39043904 such product, including a label on such product if such 2631
39053905 statement is reasonable. 2632
39063906 b. Whether the product is represented in its pac kaging, 2633
39073907 display, promotion, or advertising as appropriate for use by 2634
39083908 children 12 years of age or younger. 2635
39093909 7. "Children's toys" means a consumer product with a sales 2636
39103910 price of $75 or less designed or intended by the manufacturer 2637
39113911 for a child 12 years of age or younger for use by the child when 2638
39123912 the child plays. In determining whether consumer products are 2639
39133913 designed or intended for use by a child 12 years of age or 2640
39143914 younger, the following factors shall be considered: 2641
39153915 a. A statement by a manufacturer about the intended use of 2642
39163916 such product, including a label on such product if such 2643
39173917 statement is reasonable. 2644
39183918 b. Whether the product is represented in its packaging, 2645
39193919 display, promotion, or advertising as appropriate for use by 2646
39203920 children 12 years of age or younger. 2647
39213921 (2) The tax exemptions provided in this section do not 2648
39223922 apply to sales within a theme park or entertainment complex as 2649
39233923 defined in s. 509.013(9), Florida Statutes, within a public 2650
3924-ENROLLED
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39323932 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
39333933
39343934
39353935
39363936 lodging establishment as defined in s. 509.013(4), Florida 2651
39373937 Statutes, or within an airport as defined in s. 330.27(2), 2652
39383938 Florida Statutes. 2653
39393939 (3) If a purchaser of an admission purchases the admission 2654
39403940 exempt from tax pursuant to this section and subsequently 2655
39413941 resells the admission, the purchaser shall collect tax on the 2656
39423942 full sales price of the resold admission. 2657
39433943 (4) The Department of Revenue is authorized, and all 2658
39443944 conditions are deemed met, to adopt emergency rules pursuant to 2659
39453945 s. 120.54(4), Florida Statutes, for the purpose of implementing 2660
39463946 this section. 2661
39473947 (5) This section shall take effect upon this act becoming 2662
39483948 a law. 2663
39493949 Section 46. Tools commonly used by skilled trade workers; 2664
39503950 Tool Time sales tax holiday. — 2665
39513951 (1) The tax levied under chapter 212, Florida Statutes, 2666
39523952 may not be collected during the period from September 2, 2023, 2667
39533953 through September 8, 2023, on the retail sale of: 2668
39543954 (a) Hand tools with a sales price of $50 or less per item. 2669
39553955 (b) Power tools with a sales price of $300 or less per 2670
39563956 item. 2671
39573957 (c) Power tool batteries with a sales price of $150 or 2672
39583958 less per item. 2673
39593959 (d) Work gloves with a sales price of $25 or less per 2674
39603960 pair. 2675
3961-ENROLLED
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39693969 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
39703970
39713971
39723972
39733973 (e) Safety glasses with a sales price of $50 or less per 2676
39743974 pair, or the equivalent if sold in sets of more than one pair. 2677
39753975 (f) Protective coveralls with a sales price of $50 or less 2678
39763976 per item. 2679
39773977 (g) Work boots with a sales price of $175 or less per 2680
39783978 pair. 2681
39793979 (h) Tool belts with a sales price of $100 or less per 2682
39803980 item. 2683
39813981 (i) Duffle bags or tote bags with a sales price of $50 or 2684
39823982 less per item. 2685
39833983 (j) Tool boxes with a sales price of $75 or less per item. 2686
39843984 (k) Tool boxes for vehicles with a sales price of $300 or 2687
39853985 less per item. 2688
39863986 (l) Industry textbooks and code books with a sales price 2689
39873987 of $125 or less per item. 2690
39883988 (m) Electrical voltage and testing equipment with a sales 2691
39893989 price of $100 or less per item. 2692
39903990 (n) LED flashlights with a sales price of $50 or less per 2693
39913991 item. 2694
39923992 (o) Shop lights with a sales price of $100 or less per 2695
39933993 item. 2696
39943994 (p) Handheld pipe cutters, drain opening tools, and 2697
39953995 plumbing inspection equipment with a sales price of $150 or less 2698
39963996 per item. 2699
39973997 (q) Shovels with a sales price of $50 or less. 2700
3998-ENROLLED
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40064006 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
40074007
40084008
40094009
40104010 (r) Rakes with a sales price of $50 or less. 2701
40114011 (s) Hard hats and other head protection with a sales price 2702
40124012 of $100 or less. 2703
40134013 (t) Hearing protection items with a sales price of $75 or 2704
40144014 less. 2705
40154015 (u) Ladders with a sales price of $250 or less. 2706
40164016 (v) Fuel cans with a sales price of $50 or less. 2707
40174017 (w) High visibility safety vests with a sales price of $30 2708
40184018 or less. 2709
40194019 (2) The tax exemptions provided in this section do not 2710
40204020 apply to sales within a theme park or entertainment co mplex as 2711
40214021 defined in s. 509.013(9), Florida Statutes, within a public 2712
40224022 lodging establishment as defined in s. 509.013(4), Florida 2713
40234023 Statutes, or within an airport as defined in s. 330.27(2), 2714
40244024 Florida Statutes. 2715
40254025 (3) The Department of Revenue is authorized, and all 2716
40264026 conditions are deemed met, to adopt emergency rules pursuant to 2717
40274027 s. 120.54(4), Florida Statutes, for the purpose of implementing 2718
40284028 this section. 2719
40294029 Section 47. (1) The tax levied under chapter 212, Florida 2720
40304030 Statutes, may not be collected during the perio d from July 1, 2721
40314031 2023, through June 30, 2024, on the retail sale of a new ENERGY 2722
40324032 STAR appliance for noncommercial use. 2723
40334033 (2) As used in this section, the term "ENERGY STAR 2724
40344034 appliance" means one of the following products, if such product 2725
4035-ENROLLED
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40434043 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
40444044
40454045
40464046
40474047 is designated by the United States Environmental Protection 2726
40484048 Agency and the United States Department of Energy as meeting or 2727
40494049 exceeding each agency's requirements under the ENERGY STAR 2728
40504050 program, and is affixed with an ENERGY STAR label: 2729
40514051 (a) A washing machine with a sales price of $1,500 or 2730
40524052 less; 2731
40534053 (b) A clothes dryer with a sales price of $1,500 or less; 2732
40544054 (c) A water heater with a sales price of $1,500 or less; 2733
40554055 or 2734
40564056 (d) A refrigerator or combination refrigerator/freezer 2735
40574057 with a sales price of $4,500 or less. 2736
40584058 (3) This section shall take effect upon this act becoming 2737
40594059 a law. 2738
40604060 Section 48. (1) The tax levied under chapter 212, Florida 2739
40614061 Statutes, may not be collected during the period from July 1, 2740
40624062 2023, through June 30, 2024, on the retail sale of gas ranges 2741
40634063 and cooktops. 2742
40644064 (2) As used in this section, the term "gas ranges and 2743
40654065 cooktops" means any range or cooktop fueled by combustible gas 2744
40664066 such as natural gas, propane, butane, liquefied petroleum gas, 2745
40674067 or other flammable gas. It does not include outdoor gas grills, 2746
40684068 camping stoves, or other portable stoves. 2747
40694069 (3) This section shall take effect upon this act becoming 2748
40704070 a law. 2749
40714071 Section 49. (1) The Department of Revenue is authorized, 2750
4072-ENROLLED
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40804080 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
40814081
40824082
40834083
40844084 and all conditions are deemed met, to adopt emergency rules 2751
40854085 pursuant to s. 120.54(4), Florida Statutes, to implement the 2752
40864086 amendments made by this act to ss. 212.031 and 212.08, Florida 2753
40874087 Statutes; the creation by this act of ss. 220.199 and 220.1991, 2754
40884088 Florida Statutes; and the creation by this act of the temporary 2755
40894089 tax exemptions for ENERGY STAR appliances, and gas ranges and 2756
40904090 cooktops. Notwithstanding any other provision of law, emergency 2757
40914091 rules adopted pursuant to this subsection are effective for 6 2758
40924092 months after adoption and may be renewed during the pendency of 2759
40934093 procedures to adopt permanent rules addressing the subject of 2760
40944094 the emergency rules. 2761
40954095 (2) This section shall take effect upon this act becoming 2762
40964096 a law and expires July 1, 2026. 2763
40974097 Section 50. (1) For fiscal year 2023 -2024, the sum of $35 2764
40984098 million is appropriated from the General Revenue Fund to the 2765
40994099 Department of Revenue to offset the reductions in ad valorem tax 2766
41004100 revenue experienced by local taxing jurisdictions in complying 2767
41014101 with s. 197.3181, Florida Statutes. 2768
41024102 (2) To participate in the distribution of the 2769
41034103 appropriation, each affected taxing jurisdiction mus t apply to 2770
41044104 the Department of Revenue by October 1, 2023, and provide 2771
41054105 documentation supporting the taxing jurisdiction's reduction in 2772
41064106 ad valorem tax revenue in the form and manner prescribed by the 2773
41074107 department. The documentation must include a copy of the no tice 2774
41084108 required by s. 197.3181(5)(b), Florida Statutes, from the tax 2775
4109-ENROLLED
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41174117 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
41184118
41194119
41204120
41214121 collector who reports to the affected taxing jurisdiction of the 2776
41224122 reduction in ad valorem taxes the taxing jurisdiction will incur 2777
41234123 as a result of the implementation of s. 197.3181, Florida 2778
41244124 Statutes. 2779
41254125 (3) The Department of Revenue is authorized, and all 2780
41264126 conditions are deemed met, to adopt emergency rules pursuant to 2781
41274127 s. 120.54(4), Florida Statutes, for the purpose of implementing 2782
41284128 this section. 2783
41294129 (4) This section shall take effect upon becoming a law and 2784
41304130 is repealed June 30, 2025. 2785
41314131 Section 51. (1) For the 2022-2023 fiscal year, the sum of 2786
41324132 $19,014 in nonrecurring funds is appropriated from the General 2787
41334133 Revenue Fund to the Department of Revenue for the purpose of 2788
41344134 implementing the changes to s. 220.222, Florida Statutes, and 2789
41354135 chapter 212, Florida Statutes, made by this act. 2790
41364136 (2) This section shall take effect upon becoming a law. 2791
41374137 Section 52. For the 2023-2024 fiscal year, the sum of 2792
41384138 $110,536 in nonrecurring funds is appropriated from the Gene ral 2793
41394139 Revenue Fund to the Department of Revenue for the purpose of 2794
41404140 implementing the provisions of the Residential Graywater System 2795
41414141 Tax Credit and the Credit for Manufacturing of Human Breast Milk 2796
41424142 Derived Human Milk Fortifiers as created by this act, and the 2797
41434143 amendment made by this act to s. 212.031, Florida Statutes. 2798
41444144 Section 53. Except as otherwise provided in this act and 2799
41454145 except for this section, which shall take effect upon this act 2800
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41544154 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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41584158 becoming a law, this act shall take effect July 1, 2023. 2801