Florida Senate - 2020 SB 1052 By Senator Taddeo 40-01145-20 20201052__ 1 A bill to be entitled 2 An act relating to a Small Business Saturday sales tax 3 holiday; defining the term “small business”; providing 4 that small businesses are not required to collect the 5 sales and use tax on the retail sale of certain items 6 of tangible personal property during a specified 7 timeframe; authorizing the Department of Revenue to 8 adopt emergency rules; providing an appropriation; 9 providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Small Business Saturday sales tax holiday.— 14 (1) As used in this section, the term “small business” 15 means a dealer, as defined in s. 212.06, Florida Statutes, who 16 registered with the Department of Revenue and began operation no 17 later than January 8, 2020, and who owed and remitted to the 18 Department of Revenue less than $200,000 in total tax under 19 chapter 212, Florida Statutes, for the 1-year period ending 20 September 30, 2020. If the dealer has not been in operation for 21 a 1-year period as of September 30, 2020, the dealer must have 22 owed and remitted less than $200,000 in total tax under chapter 23 212, Florida Statutes, for the period beginning on the day the 24 dealer began operation and ending September 30, 2020, in order 25 to qualify as a small business under this section. If the dealer 26 is eligible to file a consolidated return pursuant to s. 27 212.11(1)(e), Florida Statutes, the total tax under chapter 212, 28 Florida Statutes, owed and remitted from all of the dealer’s 29 places of business must be less than $200,000 for the applicable 30 period ending September 30, 2020. 31 (2) Subject to subsection (3), the tax levied under chapter 32 212, Florida Statutes, may not be collected by a small business 33 during the period from 12:01 a.m. on November 28, 2020, through 34 11:59 p.m. on November 28, 2020, on the retail sale, as defined 35 in s. 212.02(14), Florida Statutes, of any item of tangible 36 personal property, as defined in s. 212.02(19), Florida 37 Statutes, having a sales price of $1,000 or less per item. 38 (3) At its option, a small business may choose not to 39 participate in the sales and use tax exemption provided in 40 subsection (2) and may collect tax on all sales made on November 41 28, 2020. 42 (4) The Department of Revenue may, and all conditions are 43 deemed to be met to, adopt emergency rules pursuant to ss. 44 120.536(1) and 120.54, Florida Statutes, to implement this 45 section. 46 Section 2. For the 2020-2021 fiscal year, the sum of 47 $200,000 of nonrecurring funds is appropriated from the General 48 Revenue Fund to the Department of Revenue for the purpose of 49 implementing this act. 50 Section 3. This act shall take effect July 1, 2020.