Florida 2025 Regular Session

Florida House Bill H0745 Latest Draft

Bill / Introduced Version Filed 02/19/2025

                               
 
HB 745   	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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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 
 
 
 
A bill to be entitled 1 
An act relating to tax exemption on sales of 2 
indigenous arts and crafts; amending s. 212.08, F.S.; 3 
defining the terms "enrolled member" and "indigenous 4 
product"; creating an exemption from sales tax for 5 
sales of indigenous products under specified 6 
circumstances; providing construction; requiring the 7 
Department of Commerce to maintain a specified 8 
registry; requiring the department to adopt certain 9 
rules; requiring the information for the registry to 10 
come from specified governments; providing an 11 
effective date. 12 
 13 
Be It Enacted by the Legislature of the State of Florida: 14 
 15 
 Section 1.  Paragraph (vvv) is added to subsection (7) of 16 
section 212.08, Florida Statutes, to read: 17 
 212.08  Sales, rental, use, consumption, distribution, and 18 
storage tax; specified exemptions. —The sale at retail, the 19 
rental, the use, the consumption, the distribution, and the 20 
storage to be used or consumed in this state of the following 21 
are hereby specifically exempt from the tax imposed by this 22 
chapter. 23 
 (7)  MISCELLANEOUS EXEMPTIONS. —Exemptions provided to any 24 
entity by this chapter do not inure to any transaction that is 25     
 
HB 745   	2025 
 
 
 
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otherwise taxable under this chapter when payment is made by a 26 
representative or employee of the entity by any means, 27 
including, but not limited to, cash, check, or credit card, even 28 
when that representative or employee is subsequently reimbursed 29 
by the entity. In addition, exemptions provided to any entity by 30 
this subsection do not inure to any transaction that is 31 
otherwise taxable under this chapter unless the entity has 32 
obtained a sales tax exemption certificate from the department 33 
or the entity obtains or provides other documentation as 34 
required by the department. Eligibl e purchases or leases made 35 
with such a certificate must be in strict compliance with this 36 
subsection and departmental rules, and any person who makes an 37 
exempt purchase with a certificate that is not in strict 38 
compliance with this subsection and the rules is liable for and 39 
shall pay the tax. The department may adopt rules to administer 40 
this subsection. 41 
 (vvv)  Indigenous products. — 42 
 1.  As used in this paragraph the term: 43 
 a.  "Enrolled member" means a person who is a member of the 44 
Seminole Tribe of Florida or the Miccosukee Tribe of Indians of 45 
Florida, or a person who has been certified as a non -member 46 
Indian artisan by the Seminole Tribe of Florida or the 47 
Miccosukee Tribe of Indians of Florida. 48 
 b.  "Indigenous product" mean any art of craft made using 49 
the artistic or craft work of an enrolled member, or multiple 50     
 
HB 745   	2025 
 
 
 
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enrolled members working together, to implement an artistic 51 
design through a substantial transformation of materials to 52 
produce the art of craft work. 53 
 2.  The sale of an indigenous product, no mat ter where 54 
sold, is exempt from the tax imposed by this chapter if the 55 
product is sold by a business on the registry of Native 56 
businesses created under subparagraph 3. 57 
 3.  For purposes of administering this paragraph, the 58 
Department of Commerce shall main tain a registry of Native 59 
businesses in the state. The Department of Commerce shall adopt 60 
rules to administer the registry, and must require that the 61 
information be updated quarterly. To be included on the 62 
registry, the name of the business and any other r equired 63 
information must be submitted by the Tribal government of the 64 
Seminole Tribe of Florida or the Miccosukee Tribe of Indians of 65 
Florida. 66 
 4.  This paragraph does not preclude enforcement of chapter 67 
686. 68 
 Section 2. This act shall take effect July 1, 2025. 69