HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 7073      PCB WMC 24-05 Taxation
SPONSOR(S): Appropriations Committee, Ways & Means Committee, McClain
TIED BILLS:       IDEN./SIM. BILLS:
  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF
  Orig. Comm.: Ways & Means Committee                         16 Y, 6 N               Rexford            Aldridge
  1) Appropriations Committee                                 25 Y, 4 N, As CS        Trexler            Pridgeon
                                                     SUMMARY ANALYSIS
The bill provides for the following tax-related provisions designed to benefit both families and businesses.
For sales taxes, the bill:
      Creates a 14-day “back-to-school” tax holiday, in July and August 2024, for certain clothing, school
       supplies, learning aids and puzzles, and personal computers; two 14-day “disaster preparedness”
       holidays in June and parts of August and September of 2024 for specified disaster preparedness
       supplies for families and their pets; a “Freedom Month” tax holiday for July 2024 for specified
       recreational items and activities; and a seven-day “Tool Time” tax holiday in September for tools and
       equipment needed in skilled trades;
     Decreases the business rent tax rate to 1.25 percent for one year;
     Expands the ability for a leasing company to pay tax up front on the purchase of a motor vehicle,
       instead of collecting and remitting tax on the subsequent long-term lease or rental of the vehicle;
     Requires all new local discretionary sales surtax ordinances to be approved by referendum at least
       once every 10 years; and
     Allows Duval County to levy an indigent care sales surtax if approved by voters.
For corporate income tax, the bill:
     Adopts the Internal Revenue Code in effect on January 1, 2024, to conform with federal provisions; and
     Creates a corporate income tax credit for businesses that hire persons with disabilities.
For property taxes, the bill:
        Expands the ad valorem tax benefits for renewable energy source devices to include facilities used to
         capture and convert biogas to renewable natural gas; and
      Clarifies that for tangible personal property constructed by an electric utility, construction work in
         progress is not deemed substantially completed unless all permits/approvals required for commercial
         operation have been received or approved.
The bill also limits all new tourist development taxes (TDTs) to 6 years, requires existing TDTs to be approved
by voters by July 1, 2029, to continue (with exceptions), allows certain counties designated as an area of
critical state concern to use specified local tax surpluses to provide affordable housing for workers; provides
automatic filing extensions for sales tax dealers and corporate income taxpayers in certain emergencies;
increases the annual cap of the Strong Families Tax Credit Program to $40 million; limits documentary stamp
tax assessments for reverse mortgages; increases the percentage of revenue collected from the Sales Tax
Collection Enforcement Diversion Program that goes to the James Patrick Memorial Work Incentive Personal
Attendant Services and Employment Assistance (JP-PAS) Program; distributes $27.5 million for two additional
fiscal years to promote the breeding and racing of horses in Florida; creates an insurance premium deduction
for certain homestead property owners and creates a corresponding insurance premium tax credit for certain
insurers; and makes technical and clarifying updates.
The total state and local government impact of the bill in Fiscal Year 2024-25 is -$619.6 million (-$31.9 million
recurring). See Fiscal Comments section for details.
The bill is effective July 1, 2024, except as otherwise provided.
                                                        FULL ANALYSIS
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 2/21/2024
                                               I. SUBSTANTIVE ANALYSIS
    A. EFFECT OF PROPOSED CHANGES:
        Sales Tax
        Florida’s sales and use tax is a 6 percent levy on retail sales of a wide array of tangible personal
        property, admissions, transient lodgings, and commercial real estate rentals, 1 unless expressly
        exempted. In addition, Florida authorizes several local option sales taxes that are levied at the county
        level on transactions that are subject to the state sales tax. Generally, the sales tax is added to the
        price of a taxable good and collected from the purchaser at the time of sale. Sales tax represents the
        majority of Florida’s General Revenue (projected 75.2 percent for Fiscal Year 2023-24)2 and is
        administered by the Department of Revenue (DOR) under ch. 212, F.S.
        Authorized in 1982, the Local Government Half-Cent Sales Tax Program generates the largest amount
        of revenue for local governments among the state-shared revenue sources currently authorized by the
        Legislature.3 It distributes a portion of state sales tax revenue via three separate distributions to eligible
        county or municipal governments. Additionally, the program distributes a portion of communications
        services tax revenue to eligible local governments. Allocation formulas serve as the basis for these
        separate distributions. The program’s primary purpose is to provide relief from ad valorem and utility
        taxes in addition to providing counties and municipalities with revenues for local programs. 4
        Sales Tax Holidays
        Since 1998, the Legislature has enacted more than two dozen temporary periods (commonly called
        “sales tax holidays”) during which certain household items, household appliances, clothing, footwear,
        books, and/or school supply items were exempted from the state sales tax and county discretionary
        sales surtaxes.
        Back to School Sales Tax Holiday
        Current Situation
        Florida has enacted a “back-to-school” sales tax holiday twenty-two times since 1998. The length of the
        exemption periods has varied from three to fourteen days. The type and value of exempt items has als o
        varied. The following table describes the history of back-to-school sales tax holidays in Florida.
1 Commercial real estate rentals are subject to a 4.5 percent sales tax pursuant to s. 212.031(1)(c), F.S.
2 The Office of Economic and Demographic Research, 2023 Florida Tax Handb ook, p. 16, available at
http://edr.state.fl.us/Content/revenues/reports/tax-handbook/taxhandbook2023.pdf (last visited Feb. 10, 2024).
3 Office of Economic and Demographic Research, Florida Local Government Financial Information Handbook 2023, p. 51, available at
http://edr.state.fl.us/Content/local-government/reports/lgfih23.pdf (last visited Feb. 10, 2024).
4 Id.
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                                                             TAX EXEMPTION THRESHOLDS
       Dates                  Length                                  Books/
                                        Clothing/      Wallets/                                         School
                                                                      Learning        Computers
                                        Footwear       Bags                                             Supplies
                                                                      Aids/ Puzzles
       August 15-21, 1998     7 days    $50 or less    N/A            N/A             N/A               N/A
       July 31-August 8,      9 days    $100 or less   $100 or less   N/A             N/A               N/A
       1999
       July 29-August 6,      9 days    $100 or less   $100 or less   N/A             N/A               N/A
       2000
       July 28-August 5,      9 days    $50 or less    $50 or less    N/A             N/A               $10 or less
       2001
       July 24-August 1,      9 days    $50 or less    $50 or less    $50 or less     N/A               $10 or less
       2004                                                           (Books)
       July 23-31, 2005       9 days    $50 or less    $50 or less    $50 or less     N/A               $10 or less
                                                                      (Books)
       July 22-30, 2006       9 days    $50 or less    $50 or less    $50 or less     N/A               $10 or less
                                                                      (Books)
       August 4-13, 2007      10 days   $50 or less    $50 or less    $50 or less     N/A               $10 or less
                                                                      (Books)
       August 13-15, 2010     3 days    $50 or less    $50 or less    $50 or less     N/A               $10 or less
                                                                      (Books)
       August 12-14, 2011     3 days    $75 or less    $75 or less    N/A             N/A               $15 or less
       August 3-5, 2012       3 days    $75 or less    $75 or less    N/A             N/A               $15 or less
       August 2-4, 2013       3 days    $75 or less    $75 or less    N/A             $750 or less      $15 or less
       August 1-3, 2014       3 days    $100 or less   $100 or less   N/A             First $750 of     $15 or less
                                                                                      the sales price
       August 7-16, 2015      10 days   $100 or less   $100 or less   N/A             First $750 of     $15 or less
                                                                                      the sales price
       August 5-7, 2016       3 days    $60 or less    $60 or less    N/A             N/A               $15 or less
       August 4-6, 2017       3 days    $60 or less    $60 or less    N/A             $750 or less      $15 or less
       August 3-5, 2018       3 days    $60 or less    $60 or less    N/A             N/A               $15 or less
       August 2-6, 2019       5 days    $60 or less    $60 or less    N/A             $1,000 or less    $15 or less
       August 7-9, 2020       3 days    $60 or less    $60 or less    N/A             First $1,000 of   $15 or less
                                                                                      the sales price
       July 31-August 9,      10 days   $60 or less    $60 or less    N/A             First $1,000 of   $15 or less
       2021                                                                           the sales price
       July 25-August 7,      14 days   $100 or less   $100 or less   $30 (Learning   $1,500 or less    $50 or less
       2022                                                           Aids/Puzzles)
       July 24-August 6,      14 days   $100 or less   $100 or less   $30 (Learning   $1,500 or less    $50 or less
       2023; Jan 1-14, 2024   each                                    Aids/Puzzles)
       Effect of Proposed Changes
       The bill provides for a sales tax holiday from July 29, 2024, through August 11, 2024. During the
       holiday, the following items that cost $100 or less are exempt from the state sales tax and county
       discretionary sales surtaxes:
                Clothing (defined as an “article of wearing apparel intended to be worn on or about the human
                 body,” but excluding watches, watchbands, jewelry, umbrellas, and handkerchiefs);
                Footwear (excluding skis, swim fins, roller blades, and skates);
                Wallets; and
                Bags (including handbags, backpacks, fanny packs, and diaper bags, but excluding briefcases,
                 suitcases, and other garment bags).
       The bill also exempts various “school supplies” that cost $50 or less per item during the holiday, and
       learning aids and jigsaw puzzles that cost $30 or less per item. “Learning aids” are defined as
       “flashcards or other learning cards, matching or other memory games, puzzle books and search-and-
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DATE: 2/21/2024
         find books, interactive or electronic books and toys intended to teach reading or math skills, and
         stacking or nesting blocks or sets.”
         Additionally, the bill exempts personal computers and related accessories with a sales price of $1,500
         or less which are purchased for noncommercial home or personal use. This includes tablets, laptops,
         monitors, calculators, input devices, and non-recreational software. Cell phones, furniture and devices
         or software intended primarily for recreational use are not exempted.
         The “back-to-school” sales tax holiday applies at the option of the dealer if less than 5 percent of the
         dealer’s gross sales of tangible personal property in the prior calendar year are comprised of items that
         are exempt under the holiday. If a qualifying dealer chooses not to participate in the tax holiday, by July
         15, 2024, the dealer must notify the Department of Revenue in writing of its election to collect sales tax
         during the holiday and must post a copy of that notice in a conspicuous location at its place of
         business.
         Disaster Preparedness Sales Tax Holiday
         Current Situation
         The Florida Office of Insurance Regulation estimated insured losses of over $309 million due to
         Hurricane Idalia in 2023,5 $19.6 billion due to Hurricanes Ian and Nicole in 2022, 6 $9.1 billion due to
         Hurricane Michael in 2018,7 $20.7 billion due to Hurricane Irma in 2017, 8 and $1.3 billion due to
         Hurricanes Hermine and Matthew in 2016.9
         The Florida Division of Emergency Management recommends having a disaster supply kit with items
         such as a battery-operated radio, flashlight, batteries, pet care items, and first-aid kit.10
         Since 2006, the Legislature has enacted ten sales tax holidays related to disaster preparedness.
         During these holidays, the following items were exempted as indicated:
5 Florida Office of Insurance Regulation, Catastrophe Report, available at: https://floir.com/home/idalia (last visited Feb. 4, 2024).
6 Florida Office of Insurance Regulation, Catastrophe Report, available at:
https://www.floir.com/home/ian ($19.3 billion) and https://www.floir.com/home/hurricane-nicole ($253 million) (last visited Feb. 4, 2024).
7 Florida Office of Insurance Regulation, Catastrophe Report, available at:
https://floir.com/Office/HurricaneSeason/HurricaneMichaelClaimsData.aspx (last visited Feb. 4, 2024).
8 Florida Office of Insurance Regulation, Catastrophe Report, available at:
https://www.floir.com/Office/HurricaneSeason/HurricaneIrmaClaimsData.aspx (last visited Feb. 4, 2024).
9 Florida Office of Insurance Regulation, Catastrophe Report, available at:
https://floir.com/Office/HurricaneSeason/HurricaneMatthewClaimsData.aspx and
https://floir.com/Office/HurricaneSeason/HurricaneHermineClaimsData.aspx (last visited Feb. 4, 2024).
10 Florida Division of Emergency Management, Disaster Supply Kit Checklist, available at:
https://www.floridadisaster.org/planprepare/hurricane-supply-checklist/ (last visited Feb. 4, 2024).
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                                                               TAX EXEMPTION THRESHOLDS
     Dates           Length                               Fuel                      Coolers               Tie down
                                 Reusable      Light                                                                    Genera-
                                                          Contain-     Batteries    and Ice    Radios     tools and
                                 Ice           Source                                                                   tors
                                                          ers                       Chests                sheeting
     May 21-June     12 days     $10 or less   $20 or     $25 or       $30 or       $30 or     $50 or     $50 or        $1000 or
     1, 2006 11                                less       less         less         less       less       less          less
     June 1-June     12 days     $10 or less   $20 or     $25 or       $30 or       $30 or     $75 or     $50 or        $1000 or
     12, 2007 12                               less       less         less         less       less       less          less
     May 31-June     9 days      $10 or less   $20 or     $25 or       $30 or       $30 or     $50 or     $50 or        $750 or
     8, 2014 13                                less       less         less         less       less       less          less
     June 2 –        3 days      $10 or less   $20 or     $25 or       $30 or       $30 or     $50 or     $50 or        $750 or
     June 4, 2017                              less       less         less         less       less       less          less
     June 1-7,       7 days      $10 or less   $20 or     $25 or       $30 or       $30 or     $50 or     $50 or        $750 or
     2018                                      less       less         less         less       less       less          less
     May 31-June     7 days      $10 or less   $20 or     $25 or       $30 or       $30 or     $50 or     $50 or        $750 or
     6, 2019                                   less       less         less         less       less       less          less
     May 29-June     7 days      $10 or less   $20 or     $25 or       $30 or       $30 or     $50 or     $50 or        $750 or
     4, 2020                                   less       less         less         less       less       less          less
     May 28 –        10 days     $20 or less   $40 or     $50 or       $50 or       $60 or     $50 or     $100 or       $1000 or
     June 6,                                   less       less         less         less       less       less          less
     2021 14
     May 28 –        14 days     $20 or less   $40 or