THE BILL ITSELF
CS/SB 7046
Taxation
Florida Senate - 2026 CS for SB 7046 By the Committees on Appropriations; and Finance and Tax 576-03346-26 20267046c1
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A bill to be entitled
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An act relating to taxation; amending s. 72.011, F.S.;
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authorizing a taxpayer to claim interest under certain
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circumstances; prohibiting a specified timeframe from
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being waived or tolled; providing construction and
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applicability; amending ss. 125.0168, 166.223, and
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189.052, F.S.; prohibiting counties, municipalities,
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and special districts, respectively, from levying
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certain special assessments against more than a
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specified square footage amount per recreational
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vehicle parking space or campsite; providing
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applicability; amending s. 163.387, F.S.; revising the
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list of public bodies or taxing authorities that are
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exempt from appropriating certain revenues to the
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redevelopment trust fund; amending s. 193.155, F.S.;
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providing that the transfer of certain property to a
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lineal descendant is not a change in ownership under
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certain conditions; requiring a lineal descendant to
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file proof of entitlement; deeming certain property
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abandoned; providing construction and applicability;
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prohibiting a taxpayer from being assessed certain
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penalties or interest under certain circumstances;
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providing that back taxes apply only under certain
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circumstances; amending s. 194.032, F.S.; revising the
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purposes for which value adjustment boards are
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required to meet; amending s. 196.011, F.S.;
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prohibiting a taxpayer from being assessed certain
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penalties or interest under certain circumstances;
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providing that back taxes apply only under certain
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circumstances; amending s. 196.031, F.S.; specifying
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that owners who inherit an interest in property are
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allowed a tax exemption up to a certain value;
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providing applicability; amending s. 196.081, F.S.;
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revising a limitation on the amount of a tax exemption
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that a surviving spouse may transfer to a new
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residence; amending s. 196.173, F.S.; revising the
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list of military operations that qualify certain
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servicemembers for an ad valorem tax exemption;
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providing applicability; amending s. 196.1978, F.S.;
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revising a specified finding that a taxing authority
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must make in order to elect not to exempt certain
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property from certain ad valorem taxation; authorizing
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certain property owners in a multifamily project to
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apply for and continue to receive an exemption;
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providing applicability; specifying that certain
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ordinances are valid until a specified time; amending
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s. 200.065, F.S.; providing requirements for levying
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certain millage rates for certain taxing authorities;
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amending s. 202.18, F.S.; redirecting the transfer of
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certain communication services tax proceeds; amending
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s. 203.01, F.S.; specifying that a tax is imposed on
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gross receipts from utility services delivered to
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owners and operators of electric vehicle charging
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stations; specifying that the tax is not imposed in
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certain circumstances; providing an exception;
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specifying that certain owners or operators of
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electric vehicle charging stations are liable for a
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certain tax; requiring such owners or operators to
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register with the Department of Revenue to remit such
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tax; specifying the amount of such tax; specifying
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that distribution companies are relieved of the
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responsibility of collecting taxes under certain
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circumstances; requiring the department to look to
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owners and operators of electric vehicle charging
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stations for the recovery of taxes; amending s.
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203.012, F.S.; revising the definition of the term
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“distribution company”; amending s. 212.04, F.S.;
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prohibiting taxes from being levied on admission to
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specified tournaments; providing for future
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expiration; amending s. 212.05, F.S.; providing that
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the sales tax rate on electrical power or energy
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includes provision of electric vehicle charging;
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creating s. 212.0516, F.S.; defining the term
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“electric vehicle charging station”; providing that
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the provision of electricity to a consumer at an
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electric vehicle charging station shall be considered
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the retail sale of electricity; specifying the sales
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tax rate; providing that certain purchases of
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electricity are for resale and include up to a certain
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percentage of electricity; specifying that certain
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taxes are in addition to certain taxes or fees;
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requiring that certain taxes be remitted in a
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specified manner; requiring certain recordkeeping for
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owners or operators of electric vehicle charging
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stations; requiring owners or operators of electric
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vehicle charging stations to furnish the seller of
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electricity with a specified affidavit and other
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information required by the department; providing
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civil penalties; specifying that the seller is
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relieved from the responsibility of collecting certain
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taxes under certain circumstances; requiring the
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department to look solely to owners or operators for
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the recovery of taxes under certain circumstances;
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providing applicability and construction; authorizing
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the department to adopt rules; amending s. 212.08,
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F.S.; exempting sales of certain tangible personal
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property made to state university contractors from the
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sales and use tax under certain circumstances;
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specifying that the exemption inures to the state
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university at a specified time and only through a
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refund of paid taxes; requiring that such refund be
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made within a specified timeframe; requiring a state
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university to file a specified application at certain
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intervals to receive a refund; providing requirements
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for the application; requiring the Department of
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Revenue to adopt rules; requiring a state university
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to file the application under a specified oath;
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exempting certain liquefied petroleum gas tanks from
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sales and use tax; amending s. 212.20, F.S.; revising
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the distribution of sales and use tax revenue to
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include a transfer to fiscally constrained counties;
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amending s. 218.67, F.S.; revising the conditions
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required for a county to be considered a fiscally
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constrained county; authorizing certain eligible
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counties to receive an additional distribution of
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sales and use tax revenue; revising the list of
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sources that the department must use to determine the
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amount distributed to fiscally constrained counties;
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revising the factors for allocation of the
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distribution of revenue to fiscally constrained
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counties; requiring that the computation and amount
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distributed be calculated using certain methods;
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requiring that fiscally constrained counties allocate
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such revenues for specified purposes; prohibiting such
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revenues from being used for a specified purpose;
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amending s. 288.062, F.S.; revising the certified tax
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credit amount for investor contributions in the Rural
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Community Investment Program; creating s. 377.817,
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F.S.; providing legislative findings; defining terms;
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prohibiting governmental entities from enacting or
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enforcing resolutions, ordinances, rules, codes, or
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policies to support a net zero policy; prohibiting
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governmental entities from using public funds in any
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manner that supports, implements, or advances certain
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net zero policies; prohibiting governmental entities
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from imposing any charge to advance a net zero policy;
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requiring each governmental entity to annually submit
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to the Department of Revenue a certain affidavit;
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prohibiting governmental entities from implementing,
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administering, or enforcing certain programs or
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joining organizations that have certain policies;
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providing construction; providing exceptions;
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providing applicability; amending s. 689.261, F.S.;
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defining the terms “listing platform” and “property”;
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requiring that certain property listings include
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estimated ad valorem taxes; prohibiting the use of the
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current owner’s ad valorem assessment or taxes to
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calculate the estimated ad valorem taxes under certain
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circumstances; requiring that listing platforms
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calculate and display the estimated ad valorem taxes
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using specified methods; prohibiting listing platforms
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from displaying the current owner’s ad valorem taxes
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if such ad valorem taxes are not estimated using a tax
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estimator or buyer payment calculator; requiring that
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listing platforms include a link to the county
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property appraiser’s homepage and tax estimator;
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requiring the Department of Revenue to maintain on its
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website a table of links to each county’s property
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appraiser’s homepage and tax estimator; prohibiting
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the previous year’s ad valorem taxes from being
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displayed as part of a property’s historical tax
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information; providing immunity for a person for any
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inaccuracies in the estimated ad valorem taxes on a
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property listed on a listing platform; prohibiting
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printed listing materials from including specified
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information; requiring the department to develop a
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formula that may be used by listing platforms to
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calculate the estimated ad valorem taxes; requiring
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each county property appraiser to provide to the
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department any information needed to develop such
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formula; requiring the department, by a specified
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date, to annually publish on its website the formula
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and information collected; requiring the department to
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annually develop a countywide aggregate average
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millage rate for each county for use by listing
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platforms for a specified purpose; requiring the
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department to require each county property appraiser
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to provide to the department any information needed to
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develop such rate; requiring the department, by a
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specified date and annually thereafter, to publish on
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its website the countywide aggregate average millage
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rate for each county; authorizing the department to
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adopt rules; amending s. 1011.71, F.S.; revising the
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definition of the term “school operational purposes”;
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providing applicability; amending ss. 125.01, 166.021,
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and 166.201, F.S.; conforming provisions to changes
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made by the act; amending ss. 212.205, 288.11621,
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288.11631, 443.191, 571.26, and 571.265, F.S.;
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conforming cross-references; reenacting s. 259.042(9),
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F.S., relating to tax increment financing for
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conservation lands, to incorporate the amendment made
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by this act to s. 163.387, F.S.; reenacting ss.
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203.0011 and 212.05011, F.S., relating to the combined
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rate for tax collected pursuant to certain provisions,
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to incorporate the amendments made by this act to s.
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212.05, F.S.; reenacting ss. 125.0104(5)(c),
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193.624(3), 196.182(2), 218.12(1), 218.125(1),
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218.135(1), 218.136(1), 252.35(2)(cc), 288.0655(2)(b),
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288.102(4), 339.2816(4)(c), 403.064(16)(h),
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403.0741(6)(c), 589.08(2) and (3), and 1011.62(1)(f),
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F.S., relating to authorized uses of tourist
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development tax revenue; applicability of assessments
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of renewable energy source devices; application of
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exemptions of renewable energy source devices;
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appropriations to offset reductions in ad valorem tax
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revenue in fiscally constrained counties; offset for
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tax loss associated with certain constitutional
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amendments affecting fiscally constrained counties;
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offset for tax loss associated with reductions in
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value of certain citrus fruit packing and processing
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equipment; offset for ad valorem revenue loss
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affecting fiscally constrained counties; Division of
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Emergency Management powers; Rural Infrastructure
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Fund; one-to-one match requirement under the Supply
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Chain Innovation Grant Program; prioritization of road
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projects under the Small County Road Assistance
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Program; applicability of provisions related to reuse
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of reclaimed water; regulation of grease waste removal
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and disposal by local governments; land acquisition
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restrictions; and funds for operation of schools,
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respectively, to incorporate the amendment made to s.
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218.67, F.S., in references thereto; exempting from
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sales and use tax the retail sale of ammunition,
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firearms, certain firearm accessories, bows and
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crossbows, certain bow and crossbow accessories,
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camping supplies, and fishing supplies; defining
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terms; authorizing the department and the Department
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of Commerce to adopt emergency rules; specifying the
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timeframe in which such rules are effective;
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authorizing the renewal of such rules; providing
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effective dates.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Effective upon this act becoming a law,
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paragraph (a) of subsection (2) of section 72.011, Florida
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Statutes, is amended, and paragraph (c) is added to subsection
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(1) of that section, to read:
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72.011 Jurisdiction of circuit courts in specific tax
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matters; administrative hearings and appeals; time for
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commencing action; parties; deposits.—
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(1)
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(c) A taxpayer may claim interest on a refund that is the
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subject of an action filed under paragraph (a) contesting an
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assessment or denial of refund of any tax, fee, surcharge,
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permit, interest, or penalty only if such claim is asserted
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concurrently with the action.
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(2)(a) An action may not be brought to contest an
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assessment of any tax, interest, or penalty assessed under a
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section or chapter specified in subsection (1) more than 60 days
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after the date the assessment becomes final. An action may not
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be brought to contest a denial of refund of any tax, interest,
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or penalty paid under a section or chapter specified in
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subsection (1) more than 60 days after the date the denial
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becomes final. The 60-day period to contest an assessment or a
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denial that becomes final under this subsection may not be
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waived or tolled.
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Section 2. (1) The amendments made by this act to s.
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72.011, Florida Statutes, are remedial and clarifying in nature
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and also apply to actions pending as of the effective date of
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this section.
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(2) This section shall take effect upon this act becoming a
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law.
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Section 3. Effective upon this act becoming a law, section
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125.0168, Florida Statutes, is amended to read:
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125.0168 Special assessments levied on recreational vehicle
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parks regulated under chapter 513.—When a county levies a non-ad
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valorem special assessment on a recreational vehicle park
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regulated under chapter 513, the non-ad valorem special
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assessment may shall not be based on the assertion that the
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recreational vehicle park is composed comprised of residential
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units. Instead, recreational vehicle parks regulated under
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chapter 513 shall be assessed as a commercial entity in the same
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manner as a hotel, motel, or other similar facility. A non-ad
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valorem special assessment levied on a square footage basis may
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not be levied against more than 400 square feet per recreational
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vehicle parking space or campsite.
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Section 4. Paragraph (c) of subsection (2) of section
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163.387, Florida Statutes, is amended to read:
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163.387 Redevelopment trust fund.—
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(2)
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(c) The following public bodies or taxing authorities are
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exempt from paragraph (a):
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1. A special district that levies ad valorem taxes on
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taxable real property in more than one county.
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2. A special district for which the sole available source
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of revenue the district has the authority to levy is ad valorem
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taxes at the time an ordinance is adopted under this section.
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However, revenues or aid that may be dispensed or appropriated
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to a district as defined in s. 388.011 at the discretion of an
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entity other than such district shall not be deemed available.
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3. A library district, except a library district in a
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jurisdiction where the community redevelopment agency had
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validated bonds as of April 30, 1984.
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4. A neighborhood improvement district created under the
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Safe Neighborhoods Act.
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5. A metropolitan transportation authority.
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6. A water management district created under s. 373.069.
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7. For a community redevelopment agency created on or after
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July 1, 2016, a hospital district that is a special district as
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defined in s. 189.012.
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8. A special district that levies ad valorem taxes on real
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property predominantly to fund children’s services pursuant to
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s. 125.901 or other legislative acts.
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Section 5. Effective upon this act becoming a law, section
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166.223, Florida Statutes, is amended to read:
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166.223 Special assessments levied on recreational vehicle
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parks regulated under chapter 513.—When a municipality levies a
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non-ad valorem special assessment on a recreational vehicle park
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regulated under chapter 513, the non-ad valorem special
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assessment may shall not be based on the assertion that the
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recreational vehicle park is composed comprised of residential
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units. Instead, recreational vehicle parks regulated under
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chapter 513 shall be assessed as a commercial entity in the same
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manner as a hotel, motel, or other similar facility. A non-ad
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valorem special assessment levied on a square footage basis may
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not be levied against more than 400 square feet per recreational
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vehicle parking space or campsite.
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Section 6. Effective upon this act becoming a law, section
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189.052, Florida Statutes, is amended to read:
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189.052 Assessments levied on facilities regulated under
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chapter 513.—When an independent or dependent special district
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levies an assessment on a facility regulated under chapter 513,
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the assessment may shall not be based on the assertion that the
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facility is composed comprised of residential units. Instead,
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facilities regulated under chapter 513 shall be assessed in the
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same manner as a hotel, motel, or other similar facility. An
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assessment levied on a square footage basis may not be levied
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against more than 400 square feet per recreational vehicle
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parking space or campsite.
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Section 7. (1) The amendments made by this act to ss.
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125.0168, 166.223, and 189.052, Florida Statutes, first apply to
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the 2026 assessment roll.
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(2) This section shall take effect upon this act becoming a
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law.
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Section 8. Paragraph (a) of subsection (3) and paragraph
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(b) of subsection (10) of section 193.155, Florida Statutes, are
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amended to read:
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193.155 Homestead assessments.—Homestead property shall be
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assessed at just value as of January 1, 1994. Property receiving
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the homestead exemption after January 1, 1994, shall be assessed
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at just value as of January 1 of the year in which the property
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receives the exemption unless the provisions of subsection (8)
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apply.
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(3)(a) Except as provided in this subsection or subsection
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(8), property assessed under this section shall be assessed at
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just value as of January 1 of the year following a change of
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ownership. Thereafter, the annual changes in the assessed value
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of the property are subject to the limitations in subsections
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(1) and (2). For the purpose of this section, a change of
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ownership means any sale, foreclosure, or transfer of legal
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title or beneficial title in equity to any person, except if any
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of the following apply:
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1. Subsequent to the change or transfer, the same person is
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entitled to the homestead exemption as was previously entitled
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and:
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a. The transfer of title is to correct an error;
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b. The transfer is between legal and equitable title or
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equitable and equitable title and no additional person applies
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for a homestead exemption on the property;
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c. The change or transfer is by means of an instrument in
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which the owner is listed as both grantor and grantee of the
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real property and one or more other individuals are additionally
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named as grantee. However, if any individual who is additionally
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named as a grantee applies for a homestead exemption on the
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property, the application is considered a change of ownership;
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d. The change or transfer is by means of an instrument in
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which the owner entitled to the homestead exemption is listed as
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both grantor and grantee of the real property and one or more
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other individuals, all of whom held title as joint tenants with
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rights of survivorship with the owner, are named only as
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grantors and are removed from the title; or
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e. The person is a lessee entitled to the homestead
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exemption under s. 196.041(1);
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2. Legal or equitable title is changed or transferred
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between husband and wife, including a change or transfer to a
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surviving spouse or a transfer due to a dissolution of marriage;
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3. The transfer occurs by operation of law to the surviving
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spouse or minor child or children under s. 732.401;
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4. Upon the death of the owner, the transfer is between the
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owner and another who is a permanent resident and who is legally
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or naturally dependent upon the owner; or
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5. The transfer occurs with respect to a property where all
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of the following apply:
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a. Multiple owners hold title as joint tenants with rights
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of survivorship;
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b. One or more owners were entitled to and received the
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homestead exemption on the property;
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c. The death of one or more owners occurs; and
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d. Subsequent to the transfer, the surviving owner or
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owners previously entitled to and receiving the homestead
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exemption continue to be entitled to and receive the homestead
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exemption ; or
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6.a. Upon the death of the owner, the transfer meets all of
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the following conditions:
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(I) The owner held legal or equitable title to the property
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and was entitled to and received the homestead exemption at the
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time of death .
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(II) The property is devised by a will to only one lineal
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descendant of the owner, as these terms are defined in s.
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731.201.
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(III) A lineal descendant makes the property his or her
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homestead as of the second January 1 after the death of the
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owner.
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(IV) The lineal descendant files with the property
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appraiser proof of his or her entitlement to continue the
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decedent’s assessment by refiling and updating the homestead
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application under s. 196.011. The decedent’s certificate of
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death, a certified copy of the decedent’s will, a certified copy
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of the order admitting that will to probate, and an affidavit
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that the lineal descendant has inherited the real property
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through that will, must be submitted with the application.
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Submitting the documents required herein is prima facie evidence
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of entitlement. If the lineal descendant has a prior homestead,
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the filing of proof is deemed to be an abandonment of his or her
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prior homestead property as of the date of the owner’s death.
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b. This subparagraph may not be construed to establish
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homestead property for a descendant who is not otherwise
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entitled. Subsection (8) may not be applied to a property
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transferred pursuant to this subparagraph.
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(10)
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(b) If the property appraiser improperly grants the
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property assessment limitation as a result of a clerical mistake
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or an omission or on property deemed abandoned under
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subparagraph (3)(a)6. , the person or entity improperly receiving
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the property assessment limitation may not be assessed a penalty
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or interest. Back taxes shall apply only as follows:
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1. If the person who received the limitation as a result of
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a clerical mistake or omission or on property deemed abandoned
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under subparagraph (3)(a)6. voluntarily discloses to the
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property appraiser that he or she was not entitled to the
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limitation before the property appraiser notifies the owner of
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the mistake or omission, no back taxes shall be due.
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2. If the person who received the limitation as a result of
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a clerical mistake or omission or on property deemed abandoned
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under subparagraph (3)(a)6. does not voluntarily disclose to the
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property appraiser that he or she was not entitled to the
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limitation before the property appraiser notifies the owner of
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the mistake or omission, back taxes shall be due for any year or
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years that the owner was not entitled to the limitation within
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the 5 years before the property appraiser notified the owner of
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the mistake or omission.
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3. The property appraiser shall serve upon an owner that
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owes back taxes under subparagraph 2. a notice of intent to
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record in the public records of the county a notice of tax lien
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against any property owned by that person in the county, and
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such property must be identified in the notice of tax lien. The
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property appraiser must include with such notice information
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explaining why the owner is not entitled to the limitation, the
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years for which unpaid taxes are due, and the manner in which
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unpaid taxes have been calculated. Before a lien may be filed,
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the person or entity so notified must be given 30 days to pay
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the taxes.
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Section 9. Effective January 1, 2027, paragraph (a) of
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subsection (1) of section 194.032, Florida Statutes, is amended
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to read:
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194.032 Hearing purposes; timetable.—
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(1)(a) The value adjustment board shall meet not earlier
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than 30 days and not later than 60 days after the mailing of the
460
notice provided in s. 194.011(1); however, no board hearing
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shall be held before approval of all or any part of the
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assessment rolls by the Department of Revenue. The board shall
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meet for the following purposes:
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1. Hearing petitions relating to assessments filed pursuant
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to s. 194.011(3).
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2. Hearing complaints relating to homestead exemptions as
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provided for under s. 196.151.
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3. Hearing appeals from exemptions denied, or disputes
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arising from exemptions granted, upon the filing of exemption
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applications under s. 196.011.
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4. Hearing appeals concerning ad valorem tax deferrals and
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classifications.
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5. Hearing appeals from determinations that a change of
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ownership under s. 193.155(3), a change of ownership or control
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under s. 193.1554(5) or s. 193.1555(5), or a qualifying
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improvement under s. 193.1555(5) has occurred.
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6. Hearing appeals relating to timely filing of tax returns
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as required in s. 194.034(1)(j).
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Section 10. Paragraph (b) of subsection (10) of section
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196.011, Florida Statutes, is amended to read:
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196.011 Annual application required for exemption.—
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(10)
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(b) If a homestead exemption is granted as a result of a
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clerical mistake or omission by the property appraiser or
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granted on property deemed abandoned under s. 193.155(3)(a)6. ,
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the taxpayer may not be assessed a penalty or interest. Back
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taxes shall apply only as follows:
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1. If the person who received the homestead exemption as a
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result of a clerical mistake or omission or on property deemed
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abandoned under s. 193.155(3)(a)6. voluntarily discloses to the
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property appraiser that he or she was not entitled to the
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homestead exemption before the property appraiser notifies the
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owner of the mistake or omission, no back taxes shall be due.
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2. If the person who received the homestead exemption as a
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result of a clerical mistake or omission or on property deemed
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abandoned under s. 193.155(3)(a)6. does not voluntarily disclose
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to the property appraiser that he or she was not entitled to the
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homestead exemption before the property appraiser notifies the
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owner of the mistake or omission, back taxes shall be due for
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any year or years that the owner was not entitled to the
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homestead exemption limitation within the 5 years before the
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property appraiser notified the owner of the mistake or
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omission.
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3. The property appraiser shall serve upon an owner that
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owes back taxes under subparagraph 2. a notice of intent to
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record in the public records of the county a notice of tax lien
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against any property owned by that person in the county, and
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such property must be identified in the notice of tax lien. The
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property appraiser must include with such notice information
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explaining why the owner is not entitled to the homestead
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exemption limitation , the years for which unpaid taxes are due,
512
and the manner in which unpaid taxes have been calculated.
513
Before a lien may be filed, the person or entity so notified
514
must be given 30 days to pay the taxes.
515
Section 11. Paragraph (a) of subsection (1) of section
516
196.031, Florida Statutes, is amended to read:
517
196.031 Exemption of homesteads.—
518
(1)(a) A person who, on January 1, has the legal title or
519
beneficial title in equity to real property in this state and
520
who in good faith makes the property his or her permanent
521
residence or the permanent residence of another or others
522
legally or naturally dependent upon him or her, is entitled to
523
an exemption from all taxation, except for assessments for
524
special benefits, up to the assessed valuation of $25,000 on the
525
residence and contiguous real property, as defined in s. 6, Art.
526
VII of the State Constitution. Such title may be held by the
527
entireties, jointly, or in common with others, and the exemption
528
may be apportioned among such of the owners as reside thereon,
529
as their respective interests appear. If only one of the owners
530
of an estate held by the entireties or held jointly with the
531
right of survivorship or an owner who inherited an interest in
532
the property resides on the property, that owner is allowed an
533
exemption of up to the assessed valuation of $25,000 on the
534
residence and contiguous real property. However, an exemption of
535
more than $25,000 is not allowed to any one person or on any one
536
dwelling house, except that an exemption up to the assessed
537
valuation of $25,000 may be allowed on each apartment or mobile
538
home occupied by a tenant-stockholder or member of a cooperative
539
corporation and on each condominium parcel occupied by its
540
owner. Except for owners of an estate held by the entireties or
541
held jointly with the right of survivorship or an interest
542
inherited by a descendant , the amount of the exemption may not
543
exceed the proportionate assessed valuation of all owners who
544
reside on the property. Before such exemption may be granted,
545
the deed or instrument must shall be recorded in the official
546
records of the county in which the property is located. The
547
property appraiser may request the applicant to provide
548
additional ownership documents to establish title.
549
Section 12. The amendments made by this act to ss. 193.155,
550
196.011, and 196.031, Florida Statutes, first apply to the 2027
551
property tax roll.
552
Section 13. Subsection (3), paragraph (b) of subsection
553
(4), and paragraph (b) of subsection (6) of section 196.081,
554
Florida Statutes, are amended to read:
555
196.081 Exemption for certain permanently and totally
556
disabled veterans and for surviving spouses of veterans;
557
exemption for surviving spouses of first responders who die in
558
the line of duty.—
559
(3) If the totally and permanently disabled veteran
560
predeceases his or her spouse and if, upon the death of the
561
veteran, the spouse holds the legal or beneficial title to the
562
homestead and permanently resides thereon as specified in s.
563
196.031, the exemption from taxation carries over to the benefit
564
of the veteran’s spouse until such time as he or she remarries
565
or sells or otherwise disposes of the property. If the spouse
566
sells the property, the spouse may transfer an exemption not to
567
exceed 120 percent of the amount granted from the most recent ad
568
valorem tax roll to his or her new residence, as long as it is
569
used as his or her primary residence and he or she does not
570
remarry.
571
(4) Any real estate that is owned and used as a homestead
572
by the surviving spouse of a veteran who died from service
573
connected causes while on active duty as a member of the United
574
States Armed Forces and for whom a letter from the United States
575
Government or United States Department of Veterans Affairs or
576
its predecessor has been issued certifying that the veteran who
577
died from service-connected causes while on active duty is
578
exempt from taxation.
579
(b) The tax exemption carries over to the benefit of the
580
veteran’s surviving spouse as long as the spouse holds the legal
581
or beneficial title to the homestead, permanently resides
582
thereon as specified in s. 196.031, and does not remarry. If the
583
surviving spouse sells the property, the spouse may transfer an
584
exemption not to exceed 120 percent of the amount granted under
585
the most recent ad valorem tax roll to his or her new residence
586
as long as it is used as his or her primary residence and he or
587
she does not remarry.
588
(6) Any real estate that is owned and used as a homestead
589
by the surviving spouse of a first responder who died in the
590
line of duty while employed by the United States Government, the
591
state, or any political subdivision of the state, including
592
authorities and special districts, and for whom a letter from
593
the United States Government, the state, or appropriate
594
political subdivision of the state, or other authority or
595
special district, has been issued which legally recognizes and
596
certifies that the first responder died in the line of duty
597
while employed as a first responder is exempt from taxation.
598
(b) The tax exemption applies as long as the surviving
599
spouse holds the legal or beneficial title to the homestead,
600
permanently resides thereon as specified in s. 196.031, and does
601
not remarry. If the surviving spouse sells the property, the
602
spouse may transfer an exemption not to exceed 120 percent of
603
the amount granted under the most recent ad valorem tax roll to
604
his or her new residence if it is used as his or her primary
605
residence and he or she does not remarry.
606
Section 14. Effective upon this act becoming a law,
607
paragraph (r) of subsection (2) of section 196.173, Florida
608
Statutes, is amended, and paragraphs (s) through (w) are added
609
to that subsection, to read:
610
196.173 Exemption for deployed servicemembers.—
611
(2) The exemption is available to servicemembers who were
612
deployed during the preceding calendar year on active duty
613
outside the continental United States, Alaska, or Hawaii in
614
support of any of the following military operations:
615
(r) European Reassurance Initiative/European Deterrence
616
Initiative and Operation European Assure, Deter and Reinforce ,
617
which began in 2014.
618
(s) Operations in Israel and the Gaza Strip’s Mediterranean
619
territorial seas and air spaces, which began in March 2023.
620
(t) Operations in support of the Pacific Deterrence
621
Initiative, which began in 2021.
622
(u) Operation Southern Spear, which began in 2025.
623
(v) Operation Sharp Sentry, which began in 2010.
624
(w) Operations by the Multinational Force and Observers,
625
which began in 1981.
627
The Department of Revenue shall notify all property appraisers
628
and tax collectors in this state of the designated military
629
operations.
630
Section 15. (1) The amendments made by this act to s.
631
196.173, Florida Statutes, first apply to the 2026 property tax
632
roll.
633
(2) This section shall take effect upon this act becoming a
634
law.
635
Section 16. Paragraph (o) of subsection (3) of section
636
196.1978, Florida Statutes, is amended to read:
637
196.1978 Affordable housing property exemption.—
638
(3)(o)1. Beginning with the 2025 tax roll, a taxing
639
authority may elect, upon adoption of an ordinance or resolution
640
approved by a two-thirds vote of the governing body, not to
641
exempt property under sub-subparagraph (d)1.a. located in a
642
county specified pursuant to subparagraph 2., subject to the
643
conditions of this paragraph.
644
2. A taxing authority must make a finding in the ordinance
645
or resolution that annual housing reports the most recently
646
published by the Shimberg Center for Housing Studies Annual
647
Report, prepared pursuant to s. 420.6075 identify , identifies
648
that a county that is part of the jurisdiction of the taxing
649
authority is within a metropolitan statistical area or region
650
where , for each of the previous 3 years, the number of
651
affordable and available units in the metropolitan statistical
652
area or region is greater than the number of renter households
653
in the metropolitan statistical area or region for the category
654
entitled “0-120 percent AMI.”
655
3. An election made pursuant to this paragraph may apply
656
only to the ad valorem property tax levies imposed within a
657
county specified pursuant to subparagraph 2. by the taxing
658
authority making the election.
659
4. The ordinance or resolution must take effect on the
660
January 1 immediately succeeding adoption and shall expire on
661
the second January 1 after the January 1 in which the ordinance
662
or resolution takes effect. The ordinance or resolution may be
663
renewed prior to its expiration pursuant to this paragraph.
664
5. The taxing authority proposing to make an election under
665
this paragraph must advertise the ordinance or resolution or
666
renewal thereof pursuant to the requirements of s. 50.011(1)
667
prior to adoption.
668
6. The taxing authority must provide to the property
669
appraiser the adopted ordinance or resolution or renewal thereof
670
by the effective date of the ordinance or resolution or renewal
671
thereof.
672
7. Notwithstanding an ordinance or resolution or renewal
673
thereof adopted pursuant to this paragraph, property in a
674
multifamily project that received an exemption pursuant to sub
675
subparagraph (d)1.a. before the adoption or renewal of such
676
ordinance or resolution may continue to receive such exemption
677
for each subsequent consecutive year that the same owner or each
678
successive owner applies for and is granted the exemption.
679
8. Notwithstanding an ordinance or a resolution or a
680
renewal thereof adopted pursuant to this paragraph, the owner of
681
a property in a multifamily project that was issued a building
682
permit on or after July 1, 2026, for the development of
683
residential units in the multifamily project within 4 years
684
before the adoption of such ordinance or resolution or renewal
685
may apply for and be granted the exemption under sub
686
subparagraph (d)1.a. after meeting the requirements of this
687
subsection and may continue to receive such exemption for each
688
subsequent consecutive year in which the same owner or each
689
successive owner applies for and is granted the exemption.
690
Section 17. (1) The amendments made by this act to s.
691
196.1978, Florida Statutes, first apply to the 2027 property tax
692
roll.
693
(2) An ordinance adopted pursuant to s. 196.1978(3),
694
Florida Statutes, before the July 1, 2026, is valid until its
695
expiration.
696
Section 18. Paragraph (b) of subsection (5) of section
697
200.065, Florida Statutes, is amended to read:
698
200.065 Method of fixing millage.—
699
(5) In each fiscal year:
700
(b) The millage rate of a county or municipality, municipal
701
service taxing unit of that county, and any special district
702
dependent to that county or municipality may exceed the maximum
703
millage rate calculated pursuant to this subsection if the total
704
county ad valorem taxes levied or total municipal ad valorem
705
taxes levied do not exceed the maximum total county ad valorem
706
taxes levied or maximum total municipal ad valorem taxes levied
707
respectively. Voted millage and taxes levied by a municipality
708
or independent special district that has levied ad valorem taxes
709
for less than 5 years are not subject to this limitation. The
710
nonvoted millage rate that any other taxing authority that is
711
subject to this limitation may levy in its first year or in a
712
year immediately succeeding a year in which the millage rate was
713
zero must be approved by a vote as provided in subparagraph
714
(a)2. The millage rate of a county authorized to levy a county
715
public hospital surtax under s. 212.055 may exceed the maximum
716
millage rate calculated pursuant to this subsection to the
717
extent necessary to account for the revenues required to be
718
contributed to the county public hospital. Total taxes levied
719
may exceed the maximum calculated pursuant to subsection (6) as
720
a result of an increase in taxable value above that certified in
721
subsection (1) if such increase is less than the percentage
722
amounts contained in subsection (6) or if the administrative
723
adjustment cannot be made because the value adjustment board is
724
still in session at the time the tax roll is extended;
725
otherwise, millage rates subject to this subsection may be
726
reduced so that total taxes levied do not exceed the maximum.
728
Any unit of government operating under a home rule charter
729
adopted pursuant to ss. 10, 11, and 24, Art. VIII of the State
730
Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
731
State Constitution, which is granted the authority in the State
732
Constitution to exercise all the powers conferred now or
733
hereafter by general law upon municipalities and which exercises
734
such powers in the unincorporated area shall be recognized as a
735
municipality under this subsection. For a downtown development
736
authority established before the effective date of the State
737
Constitution which has a millage that must be approved by a
738
municipality, the governing body of that municipality shall be
739
considered the governing body of the downtown development
740
authority for purposes of this subsection.
741
Section 19. Paragraph (c) of subsection (2) of section
742
202.18, Florida Statutes, is amended, and paragraph (b) of that
743
subsection is republished, to read:
744
202.18 Allocation and disposition of tax proceeds.—The
745
proceeds of the communications services taxes remitted under
746
this chapter shall be treated as follows:
747
(2) The proceeds of the taxes remitted under s.
748
202.12(1)(b) shall be allocated as follows:
749
(b) Fifty-five and nine-tenths percent of the remainder
750
shall be allocated to the state and distributed pursuant to s.
751
212.20(6), except that the proceeds allocated pursuant to s.
752
212.20(6)(d)2.b. shall be prorated to the participating counties
753
in the same proportion as that month’s collection of the taxes
754
and fees imposed pursuant to chapter 212 and paragraph (1)(b).
755
(c)1. After the distribution required under paragraph (b),
756
the remainder During each calendar year, the remaining portion
757
of the proceeds shall be transferred to the Local Government
758
Half-cent Sales Tax Clearing Trust Fund and . Seventy percent of
759
such proceeds shall be allocated in the same proportion as the
760
allocation of total receipts of the half-cent sales tax under s.
761
218.61 and the emergency distribution under s. 218.65 in the
762
prior state fiscal year. Thirty percent of such proceeds shall
763
be distributed pursuant to s. 218.67.
764
2. The proportion of the proceeds allocated based on the
765
emergency distribution under s. 218.65 shall be distributed
766
pursuant to s. 218.65.
767
3. In each calendar year, the proportion of the proceeds
768
allocated based on the half-cent sales tax under s. 218.61 shall
769
be allocated to each county in the same proportion as the
770
county’s percentage of total sales tax allocation for the prior
771
state fiscal year and distributed pursuant to s. 218.62.
772
4. The department shall distribute the appropriate amount
773
to each municipality and county each month at the same time that
774
local communications services taxes are distributed pursuant to
775
subsection (3).
776
Section 20. Effective October 1, 2026, present paragraph
777
(j) of subsection (1) of section 203.01, Florida Statutes, is
778
redesignated as paragraph (k) and present subsection (9) of that
779
section is redesignated as subsection (10), a new paragraph (j)
780
is added to subsection (1) and a new subsection (9) is added to
781
that section, and paragraphs (a), (c), and (d) of subsection (1)
782
of that section, are amended to read:
783
203.01 Tax on gross receipts for utility and communications
784
services.—
785
(1)(a)1. A tax is imposed on gross receipts from utility
786
services that are delivered to a retail consumer or to an owner
787
or operator of an electric vehicle charging station as defined
788
in s. 366.94(2) in this state. The tax shall be levied as
789
provided in paragraphs (b)-(k) (b)-(j) . Except as provided in
790
paragraph (j), such tax is not imposed on the retail sale of
791
electricity pursuant to s. 212.0516.
792
2. A tax is levied on communications services as defined in
793
s. 202.11(1). The tax shall be applied to the same services and
794
transactions as are subject to taxation under chapter 202, and
795
to communications services that are subject to the exemption
796
provided in s. 202.125(1). The tax shall be applied to the sales
797
price of communications services when sold at retail, as the
798
terms are defined in s. 202.11, shall be due and payable at the
799
same time as the taxes imposed pursuant to chapter 202, and
800
shall be administered and collected pursuant to chapter 202.
801
3. An additional tax is levied on charges for, or the use
802
of, electrical power or energy that is subject to the tax levied
803
pursuant to s. 212.05(1)(e)1.c. or s. 212.06(1). The tax shall
804
be applied to the same transactions or uses as are subject to
805
taxation under s. 212.05(1)(e)1.c. or s. 212.06(1). If a
806
transaction or use is exempt from the tax imposed under s.
807
212.05(1)(e)1.c. or s. 212.06(1), the transaction or use is also
808
exempt from the tax imposed under this subparagraph. The tax
809
shall be applied to charges for electrical power or energy and
810
is due and payable at the same time as taxes imposed pursuant to
811
chapter 212. Chapter 212 governs the administration and
812
enforcement of the tax imposed by this subparagraph. The charges
813
upon which the tax imposed by this subparagraph is applied do
814
not include the taxes imposed by subparagraph 1. or s. 166.231.
815
The tax imposed by this subparagraph becomes state funds at the
816
moment of collection and is not considered as revenue of a
817
utility for purposes of a franchise agreement between the
818
utility and a local government.
819
(c)1. The tax imposed under subparagraph (a)1. shall be
820
levied against the total amount of gross receipts received by a
821
distribution company for its sale of utility services if the
822
utility service is delivered to the retail consumer or owner or
823
operator of an electrical vehicle charging station by a
824
distribution company and the retail consumer or owner or
825
operator of an electric vehicle charging station pays the
826
distribution company a charge for utility service which includes
827
a charge for both the electricity and the transportation of
828
electricity to the retail consumer or owner or operator of an
829
electrical vehicle charging station . The distribution company
830
shall report and remit to the Department of Revenue by the 20th
831
day of each month the taxes levied pursuant to this paragraph
832
during the preceding month.
833
2. To the extent practicable, the Department of Revenue
834
must distribute all receipts of taxes remitted under this
835
chapter to the Public Education Capital Outlay and Debt Service
836
Trust Fund in the same month as the department collects such
837
taxes.
838
(d)1. Each distribution company that receives payment for
839
the delivery of electricity to a retail consumer or owner or
840
operator of an electrical vehicle charging station in this state
841
is subject to tax on the exercise of this privilege as provided
842
by this paragraph unless the payment is subject to tax under
843
paragraph (c). For the exercise of this privilege, the tax
844
levied on the distribution company’s receipts for the delivery
845
of electricity shall be determined by multiplying the number of
846
kilowatt hours delivered by the index price and applying the
847
rate in subparagraph (b)1. to the result.
848
2. The index price is the Florida price per kilowatt hour
849
for retail consumers in the previous calendar year, as published
850
in the United States Energy Information Administration Electric
851
Power Monthly and announced by the Department of Revenue on June
852
1 of each year to be effective for the 12-month period beginning
853
July 1 of that year. For each residential, commercial, and
854
industrial customer class, the applicable index posted for
855
residential, commercial, and industrial shall be applied in
856
calculating the gross receipts to which the tax applies. If
857
publication of the indices is delayed or discontinued, the last
858
posted index shall be used until a current index is posted or
859
the department adopts a comparable index by rule.
860
3. Tax due under this paragraph shall be administered,
861
paid, and reported in the same manner as the tax due under
862
paragraph (c).
863
4. The amount of tax due under this paragraph shall be
864
reduced by the amount of any like tax lawfully imposed on and
865
paid by the person from whom the retail consumer or owner or
866
operator of an electrical vehicle charging station purchased the
867
electricity, whether imposed by and paid to this state, another
868
state, a territory of the United States, or the District of
869
Columbia. This reduction in tax shall be available to the retail
870
consumer or owner or operator of an electrical vehicle charging
871
station as a refund made pursuant to s. 215.26 and does not
872
inure to the benefit of the person who receives payment for the
873
delivery of the electricity. The methods of demonstrating proof
874
of payment and the amount of such refund shall be made according
875
to rules of the Department of Revenue.
876
(j) An owner or operator of an electric vehicle charging
877
station that produces electrical energy for the provision of
878
electricity to a consumer at an electric vehicle charging
879
station is directly liable to the state for the tax imposed by
880
subparagraph (a)1. and must register with the department to
881
remit such tax. The amount of tax owed shall be equal to the
882
cost price, as defined in s. 212.02, of such electricity, times
883
the rate set forth in subparagraph (1)(b)1.
884
(9) Possession by a distribution company of an affidavit
885
from the owner or operator of an electric vehicle charging
886
station, pursuant to s. 212.0516, relieves the distribution
887
company from the responsibility of collecting the tax imposed
888
under subparagraph (1)(a)3. and s. 212.05(1)(e)1.c., and the
889
department shall look solely to the owner or operator of the
890
electric vehicle charging station for recovery of such taxes.
891
Section 21. Effective October 1, 2026, subsection (1) of
892
section 203.012, Florida Statutes, is amended to read:
893
203.012 Definitions.—As used in this chapter:
894
(1) “Distribution company” means any person owning or
895
operating local electric or natural or manufactured gas utility
896
distribution facilities within this state for the transmission,
897
delivery, and sale of electricity or natural or manufactured
898
gas. The term does not include natural gas transmission
899
companies that are subject to the jurisdiction of the Federal
900
Energy Regulatory Commission. The term does not include a person
901
who owns or operates an electric vehicle charging station that
902
purchases electricity for resale under s. 212.0516 and who does
903
not produce electrical energy for the provision of electricity
904
to a consumer at an electric vehicle charging station.
905
Section 22. Paragraph (a) of subsection (2) of section
906
212.04, Florida Statutes, is amended to read:
907
212.04 Admissions tax; rate, procedure, enforcement.—
908
(2)(a) A tax may not be levied on:
909
1. Admissions to athletic or other events sponsored by
910
elementary schools, junior high schools, middle schools, high
911
schools, community colleges, public or private colleges and
912
universities, deaf and blind schools, facilities of the youth
913
services programs of the Department of Children and Families,
914
and state correctional institutions if only student, faculty, or
915
inmate talent is used. However, this exemption does not apply to
916
admission to athletic events sponsored by a state university,
917
and the proceeds of the tax collected on such admissions shall
918
be retained and used by each institution to support women’s
919
athletics as provided in s. 1006.71(2)(c).
920
2. Dues, membership fees, and admission charges imposed by
921
not-for-profit sponsoring organizations. To receive this
922
exemption, the sponsoring organization must qualify as a not
923
for-profit entity under s. 501(c)(3) of the Internal Revenue
924
Code of 1954, as amended.
925
3. Admission charges to an event sponsored by a
926
governmental entity, sports authority, or sports commission if
927
held in a convention hall, exhibition hall, auditorium, stadium,
928
theater, arena, civic center, performing arts center, or
929
publicly owned recreational facility and if 100 percent of the
930
risk of success or failure lies with the sponsor of the event
931
and 100 percent of the funds at risk for the event belong to the
932
sponsor, and student or faculty talent is not exclusively used.
933
As used in this subparagraph, the terms “sports authority” and
934
“sports commission” mean a nonprofit organization that is exempt
935
from federal income tax under s. 501(c)(3) of the Internal
936
Revenue Code and that contracts with a county or municipal
937
government for the purpose of promoting and attracting sports
938
tourism events to the community with which it contracts.
939
4. An admission paid by a student, or on the student’s
940
behalf, to any required place of sport or recreation if the
941
student’s participation in the sport or recreational activity is
942
required as a part of a program or activity sponsored by, and
943
under the jurisdiction of, the student’s educational institution
944
if his or her attendance is as a participant and not as a
945
spectator.
946
5. Admissions to the National Football League championship
947
game or Pro Bowl; admissions to any semifinal game or
948
championship game of a national collegiate tournament;
949
admissions to a Major League Baseball, Major League Soccer,
950
National Basketball Association, or National Hockey League all
951
star game; admissions to the Major League Baseball Home Run
952
Derby held before the Major League Baseball All-Star Game;
953
admissions to any FIFA World Cup match sanctioned by the
954
Fédération Internationale de Football Association (FIFA),
955
including any qualifying match held up to 12 months before the
956
FIFA World Cup matches; admissions to any Formula One Grand Prix
957
race sanctioned by the Fédération Internationale de
958
l’Automobile, including any qualifying or support races held at
959
the circuit up to 72 hours before the grand prix race;
960
admissions to the Daytona 500 sanctioned by the National
961
Association for Stock Car Auto Racing (NASCAR), including any
962
qualifying or support races held at the same track up to 72
963
hours before the race; admissions to the NASCAR Cup Series
964
Championship Race, sanctioned by NASCAR, when held at the
965
Homestead-Miami Speedway, including any qualifying or support
966
races held at the same track up to 72 hours before the race; or
967
admissions to National Basketball Association all-star events
968
produced by the National Basketball Association and held at a
969
facility such as an arena, convention center, or municipal
970
facility.
971
6. A participation fee or sponsorship fee imposed by a
972
governmental entity as described in s. 212.08(6) for an athletic
973
or recreational program if the governmental entity by itself, or
974
in conjunction with an organization exempt under s. 501(c)(3) of
975
the Internal Revenue Code of 1954, as amended, sponsors,
976
administers, plans, supervises, directs, and controls the
977
athletic or recreational program.
978
7. Admissions to live theater, live opera, or live ballet
979
productions in this state which are sponsored by an organization
980
that has received a determination from the Internal Revenue
981
Service that the organization is exempt from federal income tax
982
under s. 501(c)(3) of the Internal Revenue Code of 1954, as
983
amended, if the organization actively participates in planning
984
and conducting the event; is responsible for the safety and
985
success of the event; is organized for the purpose of sponsoring
986
live theater, live opera, or live ballet productions in this
987
state; has more than 10,000 subscribing members and has among
988
the stated purposes in its charter the promotion of arts
989
education in the communities it serves; and will receive at
990
least 20 percent of the net profits, if any, of the events the
991
organization sponsors and will bear the risk of at least 20
992
percent of the losses, if any, from the events it sponsors if
993
the organization employs other persons as agents to provide
994
services in connection with a sponsored event. Before March 1 of
995
each year, such organization may apply to the department for a
996
certificate of exemption for admissions to such events sponsored
997
in this state by the organization during the immediately
998
following state fiscal year. The application must state the
999
total dollar amount of admissions receipts collected by the
1000
organization or its agents from such events in this state
1001
sponsored by the organization or its agents in the year
1002
immediately preceding the year in which the organization applies
1003
for the exemption. Such organization shall receive the exemption
1004
only to the extent of $1.5 million multiplied by the ratio that
1005
such receipts bear to the total of such receipts of all
1006
organizations applying for the exemption in such year; however,
1007
such exemption granted to any organization may not exceed 6
1008
percent of such admissions receipts collected by the
1009
organization or its agents in the year immediately preceding the
1010
year in which the organization applies for the exemption. Each
1011
organization receiving the exemption shall report each month to
1012
the department the total admissions receipts collected from such
1013
events sponsored by the organization during the preceding month
1014
and shall remit to the department an amount equal to 6 percent
1015
of such receipts reduced by any amount remaining under the
1016
exemption. Tickets for such events sold by such organizations
1017
may not reflect the tax otherwise imposed under this section.
1018
8. Entry fees for participation in freshwater fishing
1019
tournaments.
1020
9. Participation or entry fees charged to participants in a
1021
game, race, or other sport or recreational event if spectators
1022
are charged a taxable admission to such event.
1023
10. Admissions to any postseason collegiate football game
1024
sanctioned by the National Collegiate Athletic Association.
1025
11. Admissions to and membership fees for gun clubs. For
1026
purposes of this subparagraph, the term “gun club” means an
1027
organization whose primary purpose is to offer its members
1028
access to one or more shooting ranges for target or skeet
1029
shooting.
1030
12. Fees for admission to state parks, including annual
1031
entrance passes.
1032
13. Admissions to any Association of Tennis Professionals’
1033
ATP Masters 1000 tournament or any Women’s Tennis Association’s
1034
WTA 1000 tournament. This subparagraph expires July 1, 2029.
1035
Section 23. Effective October 1, 2026, paragraph (e) of
1036
subsection (1) of section 212.05, Florida Statutes, is amended
1037
to read:
1038
212.05 Sales, storage, use tax.—It is hereby declared to be
1039
the legislative intent that every person is exercising a taxable
1040
privilege who engages in the business of selling tangible
1041
personal property at retail in this state, including the
1042
business of making or facilitating remote sales; who rents or
1043
furnishes any of the things or services taxable under this
1044
chapter; or who stores for use or consumption in this state any
1045
item or article of tangible personal property as defined herein
1046
and who leases or rents such property within the state.
1047
(1) For the exercise of such privilege, a tax is levied on
1048
each taxable transaction or incident, which tax is due and
1049
payable as follows:
1050
(e)1. At the rate of 6 percent on charges for:
1051
a. Prepaid calling arrangements. The tax on charges for
1052
prepaid calling arrangements shall be collected at the time of
1053
sale and remitted by the selling dealer.
1054
(I) “Prepaid calling arrangement” has the same meaning as
1055
provided in s. 202.11.
1056
(II) If the sale or recharge of the prepaid calling
1057
arrangement does not take place at the dealer’s place of
1058
business, it shall be deemed to have taken place at the
1059
customer’s shipping address or, if no item is shipped, at the
1060
customer’s address or the location associated with the
1061
customer’s mobile telephone number.
1062
(III) The sale or recharge of a prepaid calling arrangement
1063
shall be treated as a sale of tangible personal property for
1064
purposes of this chapter, regardless of whether a tangible item
1065
evidencing such arrangement is furnished to the purchaser, and
1066
such sale within this state subjects the selling dealer to the
1067
jurisdiction of this state for purposes of this subsection.
1068
(IV) No additional tax under this chapter or chapter 202 is
1069
due or payable if a purchaser of a prepaid calling arrangement
1070
who has paid tax under this chapter on the sale or recharge of
1071
such arrangement applies one or more units of the prepaid
1072
calling arrangement to obtain communications services as
1073
described in s. 202.11(9)(b)3., other services that are not
1074
communications services, or products.
1075
b. The installation of telecommunication and telegraphic
1076
equipment.
1077
c. Electrical power or energy, including the provision of
1078
electric vehicle charging pursuant to s. 212.0516, except that
1079
the tax rate for such charges for electrical power or energy is
1080
4.35 percent. Charges for electrical power and energy , including
1081
the provision of electric vehicle charging, do not include taxes
1082
imposed under ss. 166.231 and 203.01(1)(a)3.
1083
2. Section 212.17(3), regarding credit for tax paid on
1084
charges subsequently found to be worthless, is equally
1085
applicable to any tax paid under this section on charges for
1086
prepaid calling arrangements, telecommunication or telegraph
1087
services, or electric power subsequently found to be
1088
uncollectible. As used in this paragraph, the term “charges”
1089
does not include any excise or similar tax levied by the Federal
1090
Government, a political subdivision of this state, or a
1091
municipality upon the purchase, sale, or recharge of prepaid
1092
calling arrangements or upon the purchase or sale of
1093
telecommunication, television system program, or telegraph
1094
service or electric power, which tax is collected by the seller
1095
from the purchaser.
1096
Section 24. Effective October 1, 2026, section 212.0516,
1097
Florida Statutes, is created to read:
1098
212.0516 Taxation of electricity at an electric vehicle
1099
charging station.—
1100
(1) As used in this section, the term “electric vehicle
1101
charging station” has the same meaning as in s. 366.94(2).
1102
(2) Notwithstanding any law to the contrary, and for
1103
purposes of this chapter, the provision of electricity to a
1104
consumer at an electric vehicle charging station shall be
1105
considered the retail sale of electricity and is subject to the
1106
tax levied under ss. 203.01(1)(a)3. and 212.05(1)(e)1.c.
1107
Purchases of electricity for the provision of electricity to a
1108
consumer at an electric vehicle charging station may be made for
1109
resale and includes up to 105 percent of the amount of
1110
electricity that goes into the storage batteries of an electric
1111
vehicle.
1112
(3) The tax levied on charges for electrical power or
1113
energy under ss. 203.01(1)(a)3. and 212.05(1)(e)1.c. are in
1114
addition to any other tax or fee levied on the sale of
1115
electricity and shall be remitted as prescribed by law by the
1116
electric vehicle charging station.
1117
(4) The owner or operator of an electric vehicle charging
1118
station shall keep records of the quantity of electricity
1119
purchased, created, or generated, if applicable, and the
1120
quantity of electricity that went into the storage batteries of
1121
an electric vehicle in the same manner as other pertinent
1122
records and papers required to be held under s. 213.35.
1123
(5) The owner or operator of the electric vehicle charging
1124
station shall furnish a seller of electricity with an affidavit,
1125
on a form prescribed by the department, attesting to the
1126
quantity of electricity purchased for resale, pursuant to this
1127
section, and other information as required by the department.
1128
Any person that furnishes a false affidavit to a seller for the
1129
purpose of evading payment of any tax imposed under this chapter
1130
shall be subject to the penalties set forth in s. 212.085 and as
1131
otherwise provided by law. Possession by a seller of an
1132
affidavit furnished pursuant to this subsection relieves the
1133
seller of the responsibility of collecting the tax on the sale
1134
of the electricity for which a resale is made, and the
1135
department shall look solely to the owner or operator for
1136
recovery of the tax if it determines that the owner or operator
1137
purchased electricity that was not resold.
1138
(6) This section applies only to persons engaged in the
1139
business of providing electric vehicle charging to consumers and
1140
does not include any individual, business, or governmental
1141
entity that provides electric vehicle charging for their own
1142
vehicles.
1143
(7) This section may not be construed to affect the
1144
regulation of electric vehicle charging or electric vehicle
1145
chargers for any purpose other than for the administration of
1146
the legal incidence of taxation.
1147
(8) The department may adopt rules necessary to administer
1148
the provisions of this section, including requiring such
1149
information as it may deem necessary to ensure that the taxes
1150
levied under ss. 203.01(1)(a)1. and 3. and 212.05(1)(e)1.c. are
1151
properly collected and remitted.
1152
Section 25. Subsection (6) of section 212.08, Florida
1153
Statutes, is amended, and paragraph (ffff) is added to
1154
subsection (7) of that section, to read:
1155
212.08 Sales, rental, use, consumption, distribution, and
1156
storage tax; specified exemptions.—The sale at retail, the
1157
rental, the use, the consumption, the distribution, and the
1158
storage to be used or consumed in this state of the following
1159
are hereby specifically exempt from the tax imposed by this
1160
chapter.
1161
(6) EXEMPTIONS; POLITICAL SUBDIVISIONS.—
1162
(a) 1. There are also exempt from the tax imposed by this
1163
chapter sales made to the United States Government, a state, or
1164
any county, municipality, or political subdivision of a state
1165
when payment is made directly to the dealer by the governmental
1166
entity. This exemption shall not inure to any transaction
1167
otherwise taxable under this chapter when payment is made by a
1168
government employee by any means, including, but not limited to,
1169
cash, check, or credit card when that employee is subsequently
1170
reimbursed by the governmental entity. This exemption does not
1171
include sales, rental, use, consumption, or storage for use in
1172
any political subdivision or municipality in this state of
1173
machines and equipment and parts and accessories therefor used
1174
in the generation, transmission, or distribution of electrical
1175
energy by systems owned and operated by a political subdivision
1176
in this state for transmission or distribution expansion.
1177
Likewise exempt are charges for services rendered by radio and
1178
television stations, including line charges, talent fees, or
1179
license fees and charges for films, videotapes, and
1180
transcriptions used in producing radio or television broadcasts.
1181
The exemption provided in this paragraph subsection does not
1182
include sales, rental, use, consumption, or storage for use in
1183
any political subdivision or municipality in this state of
1184
machines and equipment and parts and accessories therefor used
1185
in providing two-way telecommunications services to the public
1186
for hire by the use of a telecommunications facility, as defined
1187
in s. 364.02(14), and for which a certificate is required under
1188
chapter 364, which facility is owned and operated by any county,
1189
municipality, or other political subdivision of the state. Any
1190
immunity of any political subdivision of the state or other
1191
entity of local government from taxation of the property used to
1192
provide telecommunication services that is taxed as a result of
1193
this section is hereby waived. However, the exemption provided
1194
in this paragraph subsection includes transactions taxable under
1195
this chapter which are for use by the operator of a public-use
1196
airport, as defined in s. 332.004, in providing such
1197
telecommunications services for the airport or its tenants,
1198
concessionaires, or licensees, or which are for use by a public
1199
hospital for the provision of such telecommunications services.
1200
2. (b) The exemption provided under this paragraph
1201
subsection does not include sales of tangible personal property
1202
made to contractors employed directly to or as agents of any
1203
such government or political subdivision when such tangible
1204
personal property goes into or becomes a part of public works
1205
owned by such government or political subdivision. A
1206
determination of whether a particular transaction is properly
1207
characterized as an exempt sale to a government entity or a
1208
taxable sale to a contractor shall be based upon the substance
1209
of the transaction rather than the form in which the transaction
1210
is cast. However, for sales of tangible personal property that
1211
go into or become a part of public works owned by a governmental
1212
entity, other than the Federal Government, a governmental entity
1213
claiming the exemption provided under this paragraph subsection
1214
shall certify to the dealer and the contractor the entity’s
1215
claim to the exemption by providing the dealer and the
1216
contractor a certificate of entitlement to the exemption for
1217
such sales. If the department later determines that such sales,
1218
in which the governmental entity provided the dealer and the
1219
contractor with a certificate of entitlement to the exemption,
1220
were not exempt sales to the governmental entity, the
1221
governmental entity shall be liable for any tax, penalty, and
1222
interest determined to be owed on such transactions. Possession
1223
by a dealer or contractor of a certificate of entitlement to the
1224
exemption from the governmental entity relieves the dealer from
1225
the responsibility of collecting tax on the sale and the
1226
contractor for any liability for tax, penalty, or interest
1227
related to the sale, and the department shall look solely to the
1228
governmental entity for recovery of tax, penalty, and interest
1229
if the department determines that the transaction was not an
1230
exempt sale to the governmental entity. The governmental entity
1231
may not transfer liability for such tax, penalty, and interest
1232
to another party by contract or agreement.
1233
3. (c) The department shall adopt rules for determining
1234
whether a particular transaction is properly characterized as an
1235
exempt sale to a governmental entity or a taxable sale to a
1236
contractor which give special consideration to factors that
1237
govern the status of the tangible personal property before being
1238
affixed to real property. In developing such rules, assumption
1239
of the risk of damage or loss is of paramount consideration in
1240
the determination. The department shall also adopt, by rule, a
1241
certificate of entitlement to exemption for use as provided in
1242
subparagraph 2. paragraph (b) . The certificate shall require the
1243
governmental entity to affirm that it will comply with the
1244
requirements of this paragraph subsection and the rules adopted
1245
under subparagraph 2. paragraph (b) in order to qualify for the
1246
exemption and that it acknowledges its liability for any tax,
1247
penalty, or interest later determined by the department to be
1248
owed on such transactions.
1249
4. (d) For purposes of subparagraph 1. paragraph (a) , the
1250
phrase “when payment is made directly to the dealer by the
1251
governmental entity” includes situations in which an entity
1252
under contract with a municipality to maintain and operate a
1253
municipally owned golf course pays for a purchase or lease for
1254
the operation or maintenance of that golf course using the golf
1255
course revenues or other funds provided by the municipality for
1256
use by that entity. This subparagraph paragraph applies to a
1257
municipally owned golf course that is:
1258
a. 1. Located in a county with a population of at least 2
1259
million residents.
1260
b. 2. The site upon which youth education programs are
1261
delivered on an ongoing basis by a nonprofit organization that
1262
is exempt from federal income tax under s. 501(c)(3) of the
1263
Internal Revenue Code.
1264
(b)1. Notwithstanding any other provision of this chapter,
1265
sales of tangible personal property made to contractors employed
1266
directly to or as agents of a state university as identified in
1267
s. 1000.21(9) are exempt from the tax imposed by this chapter
1268
when such tangible personal property goes into or becomes part
1269
of public works owned by such state university. This exemption
1270
inures to the state university at the time the tangible personal
1271
property goes into or becomes part of the public works, but only
1272
through a refund of previously paid taxes. Such refund must be
1273
made within 30 days after formal approval by the department of
1274
the taxpayer’s application.
1275
2. To receive a refund pursuant to this paragraph, a state
1276
university must file an application with the department on a
1277
quarterly basis. The application must include:
1278
a. The name and address of the state university claiming
1279
the refund.
1280
b. The identity of the state university public works
1281
project or projects.
1282
c. The name and address of each contractor that
1283
manufactured or purchased tangible personal property for
1284
installation in the public works project or projects for which a
1285
refund of tax paid is being requested.
1286
d. A copy of the state university’s exemption certificate.
1287
e. The total amount of the requested refund of tax paid,
1288
including copies of each invoice evidencing the purchase of
1289
tangible personal property that was installed or became a part
1290
of the public works project or projects and the payment of tax
1291
on such tangible personal property.
1292
3. The department shall adopt rules governing the manner
1293
and form of refund applications and may establish guidelines as
1294
to the requisites for an affirmative showing of qualification
1295
for exemption and refund of tax under this paragraph. The state
1296
university must file the refund application under oath affirming
1297
that it will comply with the requirements of this paragraph and
1298
the rules adopted in this subparagraph in order to qualify for
1299
the exemption and that it acknowledges its liability for any
1300
tax, penalty, or interest for tax refunded to the university
1301
which was later determined by the department to be owed on such
1302
transactions.
1303
(7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
1304
entity by this chapter do not inure to any transaction that is
1305
otherwise taxable under this chapter when payment is made by a
1306
representative or employee of the entity by any means,
1307
including, but not limited to, cash, check, or credit card, even
1308
when that representative or employee is subsequently reimbursed
1309
by the entity. In addition, exemptions provided to any entity by
1310
this subsection do not inure to any transaction that is
1311
otherwise taxable under this chapter unless the entity has
1312
obtained a sales tax exemption certificate from the department
1313
or the entity obtains or provides other documentation as
1314
required by the department. Eligible purchases or leases made
1315
with such a certificate must be in strict compliance with this
1316
subsection and departmental rules, and any person who makes an
1317
exempt purchase with a certificate that is not in strict
1318
compliance with this subsection and the rules is liable for and
1319
shall pay the tax. The department may adopt rules to administer
1320
this subsection.
1321
(ffff) Liquified petroleum gas tanks.—Portable tanks for
1322
butane gas, propane gas, natural gas, or any other form of
1323
liquefied petroleum gas with a capacity of 20 pounds or less are
1324
exempt from the tax imposed by this chapter.
1325
Section 26. Paragraph (d) of subsection (6) of section
1326
212.20, Florida Statutes, is amended to read:
1327
212.20 Funds collected, disposition; additional powers of
1328
department; operational expense; refund of taxes adjudicated
1329
unconstitutionally collected.—
1330
(6) Distribution of all proceeds under this chapter and ss.
1331
202.18(1)(b) and (2)(b) and 203.01(1)(a)3. is as follows:
1332
(d) The proceeds of all other taxes and fees imposed
1333
pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
1334
and (2)(b) shall be distributed as follows:
1335
1. In any fiscal year, the greater of $500 million, minus
1336
an amount equal to 4.6 percent of the proceeds of the taxes
1337
collected pursuant to chapter 201, or 5.2 percent of all other
1338
taxes and fees imposed pursuant to this chapter or remitted
1339
pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
1340
monthly installments into the General Revenue Fund.
1341
2. After the distribution under subparagraph 1., 8.9744
1342
percent of the amount remitted by a sales tax dealer located
1343
within a participating county pursuant to s. 218.61 shall be
1344
transferred in two parts:
1345
a. The total amount of $50 million of the communications
1346
services taxes remitted pursuant to s. 202.18(1)(b) and (2)(b),
1347
in any fiscal year, shall be distributed by the department by a
1348
nonoperating transfer to the Department of Commerce in monthly
1349
installments to the Grants and Donations Trust Fund within the
1350
Department of Commerce for the Utility Relocation Reimbursement
1351
Grant Program created in s. 337.4031; and
1352
b. The remainder shall be transferred into the Local
1353
Government Half-cent Sales Tax Clearing Trust Fund. Beginning
1354
October 1, 2025, the amount to be transferred shall be reduced
1355
by 0.1018 percent, and the department shall distribute this
1356
amount to the Public Employees Relations Commission Trust Fund
1357
less $5,000 each month, which shall be added to the amount
1358
calculated in subparagraph 3. and distributed accordingly.
1359
3. After the distribution under subparagraphs 1. and 2.,
1360
0.0966 percent shall be transferred to the Local Government
1361
Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
1362
to s. 218.65.
1363
4. After the distributions under subparagraphs 1., 2., and
1364
3., 2.0810 percent of the available proceeds shall be
1365
transferred monthly to the Revenue Sharing Trust Fund for
1366
Counties pursuant to s. 218.215.
1367
5. After the distributions under subparagraphs 1., 2., and
1368
3., 1.3653 percent of the available proceeds shall be
1369
transferred monthly to the Revenue Sharing Trust Fund for
1370
Municipalities pursuant to s. 218.215. If the total revenue to
1371
be distributed pursuant to this subparagraph is at least as
1372
great as the amount due from the Revenue Sharing Trust Fund for
1373
Municipalities and the former Municipal Financial Assistance
1374
Trust Fund in state fiscal year 1999-2000, no municipality shall
1375
receive less than the amount due from the Revenue Sharing Trust
1376
Fund for Municipalities and the former Municipal Financial
1377
Assistance Trust Fund in state fiscal year 1999-2000. If the
1378
total proceeds to be distributed are less than the amount
1379
received in combination from the Revenue Sharing Trust Fund for
1380
Municipalities and the former Municipal Financial Assistance
1381
Trust Fund in state fiscal year 1999-2000, each municipality
1382
shall receive an amount proportionate to the amount it was due
1383
in state fiscal year 1999-2000.
1384
6. After the distributions required under subparagraphs 1.
1385
5., the greater of $50 million or 0.1412 percent of the
1386
available proceeds shall be transferred in each fiscal year to
1387
fiscally constrained counties pursuant to s. 218.67.
1388
7. Of the remaining proceeds:
1389
a. In each fiscal year, the sum of $29,915,500 shall be
1390
divided into as many equal parts as there are counties in this
1391
the state, and one part shall be distributed to each county. The
1392
distribution among the several counties must begin each fiscal
1393
year on or before January 5th and continue monthly for a total
1394
of 4 months. If a local or special law required that any moneys
1395
accruing to a county in fiscal year 1999-2000 under the then
1396
existing provisions of s. 550.135 be paid directly to the
1397
district school board, special district, or a municipal
1398
government, such payment must continue until the local or
1399
special law is amended or repealed. The state covenants with
1400
holders of bonds or other instruments of indebtedness issued by
1401
local governments, special districts, or district school boards
1402
before July 1, 2000, that it is not the intent of this
1403
subparagraph to adversely affect the rights of those holders or
1404
relieve local governments, special districts, or district school
1405
boards of the duty to meet their obligations as a result of
1406
previous pledges or assignments or trusts entered into which
1407
obligated funds received from the distribution to county
1408
governments under then-existing s. 550.135. This distribution
1409
specifically is in lieu of funds distributed under s. 550.135
1410
before July 1, 2000.
1411
b. The department shall distribute $166,667 monthly to each
1412
applicant certified as a facility for a new or retained
1413
professional sports franchise pursuant to s. 288.1162. Up to
1414
$41,667 shall be distributed monthly by the department to each
1415
certified applicant as defined in s. 288.11621 for a facility
1416
for a spring training franchise. However, not more than $416,670
1417
may be distributed monthly in the aggregate to all certified
1418
applicants for facilities for spring training franchises.
1419
Distributions begin 60 days after such certification and
1420
continue for not more than 30 years, except as otherwise
1421
provided in s. 288.11621. A certified applicant identified in
1422
this sub-subparagraph may not receive more in distributions than
1423
expended by the applicant for the public purposes provided in s.
1424
288.1162(5) or s. 288.11621(3).
1425
c. The department shall distribute up to $83,333 monthly to
1426
each certified applicant as defined in s. 288.11631 for a
1427
facility used by a single spring training franchise, or up to
1428
$166,667 monthly to each certified applicant as defined in s.
1429
288.11631 for a facility used by more than one spring training
1430
franchise. Monthly distributions begin 60 days after such
1431
certification or July 1, 2016, whichever is later, and continue
1432
for not more than 20 years to each certified applicant as
1433
defined in s. 288.11631 for a facility used by a single spring
1434
training franchise or not more than 25 years to each certified
1435
applicant as defined in s. 288.11631 for a facility used by more
1436
than one spring training franchise. A certified applicant
1437
identified in this sub-subparagraph may not receive more in
1438
distributions than expended by the applicant for the public
1439
purposes provided in s. 288.11631(3).
1440
d. The department shall distribute $15,333 monthly to the
1441
State Transportation Trust Fund.
1442
e. Beginning July 1, 2023, in each fiscal year, the
1443
department shall distribute $27.5 million to the Florida
1444
Agricultural Promotional Campaign Trust Fund under s. 571.26,
1445
for further distribution in accordance with s. 571.265.
1446
8. 7. All other proceeds must remain in the General Revenue
1447
Fund.
1448
Section 27. Section 218.67, Florida Statutes, is amended to
1449
read:
1450
218.67 Distribution for fiscally constrained counties.—
1451
(1) Each county that is entirely within a rural area of
1452
opportunity as designated by the Governor pursuant to s.
1453
288.0656 or each county for which the value of a mill will raise
1454
no more than $10 $5 million in revenue, based on the taxable
1455
value certified pursuant to s. 1011.62(4)(a)1.a., from the
1456
previous July 1, is shall be considered a fiscally constrained
1457
county.
1458
(2) Each fiscally constrained county government that
1459
participates in the local government half-cent sales tax shall
1460
be eligible to receive an additional distribution from the Local
1461
Government Half-cent Sales Tax Clearing Trust Fund, as provided
1462
in s. 212.20(6)(d)6. s. 202.18(2)(c)1. , in addition to its
1463
regular monthly distribution provided under this part and any
1464
emergency or supplemental distribution under s. 218.65.
1465
(3) The amount to be distributed to each fiscally
1466
constrained county shall be determined by the Department of
1467
Revenue at the beginning of the fiscal year, using the prior
1468
fiscal year’s sales and use tax collections from the most recent
1469
fiscal year that reports 12 months of collections July 1 taxable
1470
value certified pursuant to s. 1011.62(4)(a)1.a., tax data , the
1471
population as defined in s. 218.21, and the most current
1472
calendar year per capita personal income, as initially reported
1473
by the Bureau of Economic Analysis of the United States
1474
Department of Commerce millage rate levied for the prior fiscal
1475
year . The amount distributed shall be allocated based upon the
1476
following factors:
1477
(a) The contribution-to-revenue relative revenue-raising
1478
capacity factor for each participating county must equal 100
1479
multiplied by a quotient, the numerator of which is the county’s
1480
population and the denominator of which is the state sales and
1481
use tax collections attributable to the county shall be the
1482
ability of the eligible county to generate ad valorem revenues
1483
from 1 mill of taxation on a per capita basis. A county that
1484
raises no more than $25 per capita from 1 mill shall be assigned
1485
a value of 1; a county that raises more than $25 but no more
1486
than $30 per capita from 1 mill shall be assigned a value of
1487
0.75; and a county that raises more than $30 but no more than
1488
$50 per capita from 1 mill shall be assigned a value of 0.5. No
1489
value shall be assigned to counties that raise more than $50 per
1490
capita from 1 mill of ad valorem taxation .
1491
(b) The personal-income local-effort factor must equal a
1492
quotient, the numerator of which is the median per capita
1493
personal income of participating counties and the denominator of
1494
which is the county’s per capita personal income shall be a
1495
measure of the relative level of local effort of the eligible
1496
county as indicated by the millage rate levied for the prior
1497
fiscal year. The local-effort factor shall be the most recently
1498
adopted countywide operating millage rate for each eligible
1499
county multiplied by 0.1 .
1500
(c) Each eligible county’s proportional allocation of the
1501
total amount available to be distributed to all of the eligible
1502
counties must shall be in the same proportion as the sum of the
1503
county’s two factors is to the sum of the two factors for all
1504
eligible counties. The proportional rate computation must be
1505
carried to the fifth decimal place, and the amount to distribute
1506
to each county must be rounded to the nearest whole dollar
1507
amount. The counties that are eligible to receive an allocation
1508
under this subsection and the amount available to be distributed
1509
to such counties do shall not include counties participating in
1510
the phaseout period under subsection (4) or the amounts they
1511
remain eligible to receive during the phaseout.
1512
(4) For those counties that no longer qualify under the
1513
requirements of subsection (1) after the effective date of this
1514
act, there shall be a 2-year phaseout period. Beginning on July
1515
1 of the year following the year in which the value of a mill
1516
for that county exceeds $10 $5 million in revenue, the county
1517
shall receive two-thirds of the amount received in the prior
1518
year, and beginning on July 1 of the second year following the
1519
year in which the value of a mill for that county exceeds $10 $5
1520
million in revenue, the county shall receive one-third of the
1521
amount received in the last year that the county qualified as a
1522
fiscally constrained county. Following the 2-year phaseout
1523
period, the county is shall no longer be eligible to receive any
1524
distributions under this section unless the county can be
1525
considered a fiscally constrained county as provided in
1526
subsection (1).
1527
(5) (a) The revenues received under this section must be
1528
allocated may be used by a county to be used for the following
1529
purposes:
1530
1. Fifty percent for public safety, including salary
1531
expenditures for law enforcement officers or correctional
1532
officers, as those terms are defined in s. 943.10(1) and (2),
1533
respectively, firefighters as defined in s. 633.102, and
1534
emergency medical technicians or paramedics as those terms are
1535
defined in s. 401.23.
1536
2. Thirty percent for infrastructure needs.
1537
3. Twenty percent for any public purpose.
1538
(b) The revenues received under this section any public
1539
purpose, except that such revenues may not be used to pay debt
1540
service on bonds, notes, certificates of participation, or any
1541
other forms of indebtedness.
1542
Section 28. Paragraph (e) of subsection (4) and subsection
1543
(5) of section 288.062, Florida Statutes, are amended to read:
1544
288.062 Rural Community Investment Program.—
1545
(4)
1546
(e) A tax credit certified under this paragraph may not be
1547
taken against state tax liability until a rural fund receives a
1548
final order under subsection (5). After approving the
1549
application, the department must provide a certification to the
1550
applicant which does all of the following:
1551
1. Designates the applicant as a rural fund.
1552
2. Certifies the amount of the rural fund’s investment
1553
authority.
1554
3. Certifies the amount of tax credits available to persons
1555
who make investor contributions in the rural fund. The certified
1556
tax credits must be equal to 50 25 percent of the rural fund’s
1557
investment authority under subparagraph 2.
1558
4. A statement that tax credits may not be taken against
1559
state tax liability until the rural fund receives a final order
1560
under subsection (5).
1561
(5) Upon receipt of the notification under paragraph
1562
(4)(g), the department must issue a final order approving the
1563
taxpayer to receive tax credits under this section. The final
1564
order must include the identity, including name and tax
1565
identification number, of each taxpayer who is eligible to claim
1566
the credit and the amount of credits that may be claimed by each
1567
taxpayer. The amount of tax credits that the taxpayer is
1568
approved to receive must be equal to 50 25 percent of the
1569
investor contribution specified in the notification under
1570
subparagraph (4)(g)3. The department must provide the final
1571
order to the rural fund and the Department of Revenue.
1572
Section 29. Section 377.817, Florida Statutes, is created
1573
to read:
1574
377.817 Prohibiting the adoption or implementation of net
1575
zero policies by governmental entities.—
1576
(1) The Legislature finds that net zero policies, carbon
1577
taxes and assessments, and emission trading programs are
1578
detrimental to this state’s energy security and economic
1579
interests and inconsistent with the energy policy and the
1580
environmental policy of the state.
1581
(2) As used in this section, the term:
1582
(a) “Emission trading program,” also known as a “cap-and
1583
tax” or “cap-and-trade” program, means any program that
1584
establishes a greenhouse gas emission limit for a particular
1585
activity and provides for the allocation, auction, sale, or
1586
transfer of emissions allowances or credits among pollutant
1587
sources as a means of compliance with such limits.
1588
(b) “Governmental entity” has the same meaning as in s.
1589
215.985(1).
1590
(c) “Greenhouse gas” means any of the following gases, or a
1591
combination thereof:
1592
1. Carbon dioxide.
1593
2. Methane.
1594
3. Nitrous oxide.
1595
4. Hydrofluorocarbons.
1596
5. Perfluorocarbons.
1597
6. Sulphur hexafluoride.
1598
7. Nitrogen trifluoride.
1599
(d) “Net zero policy” means any policy, program, or
1600
initiative designed to achieve a balance between the total
1601
amount of greenhouse gas emitted into the atmosphere with an
1602
equal amount removed from the atmosphere.
1603
(e) “Public funds” means all moneys under the jurisdiction
1604
or control of a governmental entity.
1605
(3) A governmental entity may not enact or enforce, or
1606
require any person or legal entity to enact or enforce, a
1607
resolution, an ordinance, a rule, a code, or a policy to support
1608
a net zero policy, including as a condition of any contract or
1609
agreement between the governmental entity and a third party.
1610
(4) A governmental entity may not use, pay, or distribute
1611
public funds in any manner that supports, implements, or
1612
advances a net zero policy by doing any of the following:
1613
(a) Providing procurement or purchasing preferences for a
1614
product or vendor on the basis that the procurement or purchase
1615
of such product or from such vendor will advance or support a
1616
net zero policy.
1617
(b) Providing procurement or purchasing preferences for any
1618
goods, including, but not limited to, vehicles, equipment,
1619
appliances, or other products, based solely on the types or
1620
sources of fuel used by, or used in the production of, such
1621
goods.
1622
(c) Using public funds to pay dues, membership fees,
1623
subscription fees, or charitable contributions to any
1624
nongovernmental agency or other private organization, including
1625
any trade association or organization, that:
1626
1. Adopts a net zero policy;
1627
2. Requires adoption of, or any commitment to support, a
1628
net zero policy as a condition of membership or of receiving any
1629
benefit of membership; or
1630
3. Uses such funds to advocate for a net zero policy.
1631
(5)(a) A governmental entity may not impose any charge,
1632
including a tax, fee, penalty, offset, or assessment, to advance
1633
a net zero policy, including, but not limited to:
1634
1. A charge based on the carbon content of a fuel.
1635
2. A charge based on the emission of greenhouse gases that
1636
results from the use, production, or consumption of any product,
1637
service, or activity.
1638
3. A charge assessed in connection with an emission trading
1639
program.
1640
(b) Each governmental entity shall annually submit to the
1641
Department of Revenue an affidavit, signed under penalty of
1642
perjury by an authorized official of the governmental entity,
1643
attesting to compliance with this subsection.
1644
(6) A governmental entity may not implement, administer, or
1645
enforce any program or join any organization that has a policy
1646
of:
1647
(a) Establishing a statewide, regional, or geographic limit
1648
or cap on the amount of greenhouse gas emissions which results
1649
from the use, production, or consumption of any product or from
1650
any activity.
1651
(b) Requiring or incentivizing a governmental entity or any
1652
person in this state to participate in an emissions trading
1653
program.
1654
(7) The restrictions of this section do not prevent:
1655
(a) The board of a municipality or governmental entity
1656
which owns or operates and directly controls an electric or
1657
natural gas utility from passing rules, regulations, or policies
1658
governing the utility.
1659
(b) The Florida Public Service Commission from exercising
1660
its powers and duties to regulate public utilities in accordance
1661
with applicable law.
1662
(c) A governmental entity from otherwise exercising its
1663
authority as provided by general law, including by implementing
1664
energy policies consistent with the energy policies set forth in
1665
s. 377.601 or implementing local and regional air and water
1666
pollution control programs consistent with the environmental
1667
policies set forth in s. 403.021.
1668
(8) This section applies to any proposed action by a
1669
governmental entity on or after July 1, 2026, that is not
1670
otherwise permissible by general law.
1671
Section 30. Effective February 1, 2027, subsection (3) is
1672
added to section 689.261, Florida Statutes, to read:
1673
689.261 Sale of residential property; disclosure of ad
1674
valorem taxes to prospective purchaser.—
1675
(3)(a) As used in this subsection, the term:
1676
1. “Listing platform” means any public-facing online real
1677
property listing service, including, but not limited to,
1678
websites, web applications, and mobile applications. The term
1679
does not include a social media platform as defined in s.
1680
501.2041(1).
1681
2. “Property” means residential real property located
1682
within this state.
1683
(b) Any property visible on a listing platform must include
1684
the estimated ad valorem taxes for such property.
1685
1. If the ad valorem taxes are estimated using a tax
1686
estimator or buyer payment calculator, the current owner’s ad
1687
valorem assessment or taxes may not be used to calculate the
1688
estimated ad valorem taxes. The listing platform must calculate
1689
and display the estimated ad valorem taxes using one of the
1690
following methods:
1691
a. The ad valorem taxes that would be due if the purchaser
1692
were taxed on the listing price of the property at current
1693
millage rates using the data and formula published under
1694
subparagraph (d)1. The use of such data and formula constitutes
1695
a reasonable estimate of ad valorem taxes. The listing platform
1696
must include a disclaimer on the same website or application as
1697
the estimated ad valorem taxes that the millage rates of
1698
applicable taxing authorities may vary within a county and that
1699
the estimated ad valorem taxes do not include all applicable
1700
non-ad valorem assessments or exemptions, discounts, and other
1701
tax benefits, including, but not limited to, transfer of the
1702
homestead assessment difference under s. 4, Art. VII of the
1703
State Constitution. The current owner’s and any previous years’
1704
ad valorem taxes on the property may be displayed only as part
1705
of historical tax information.
1706
b. The ad valorem taxes that would be due if the purchaser
1707
were taxed on the listing price of the property at the
1708
countywide aggregate average millage rate using the data
1709
published under subparagraph (d)2. The listing platform must
1710
include a link to the property appraiser’s tax estimator for the
1711
county in which the property is located, if available, or to
1712
such property appraiser’s homepage. The Department of Revenue
1713
shall maintain a table of links to each property appraiser’s
1714
homepage and tax estimator, if available, on its website. The
1715
listing platform must include a disclaimer on the same website
1716
or application as the estimated ad valorem taxes stating that
1717
the millage rates of applicable taxing authorities may vary
1718
within a county and that the estimated ad valorem taxes do not
1719
include all applicable non-ad valorem assessments or exemptions,
1720
discounts, and other tax benefits, including, but not limited
1721
to, transfer of the homestead assessment difference under s. 4,
1722
Art. VII of the State Constitution. The current owner’s and any
1723
previous years’ ad valorem taxes on the property may be
1724
displayed only as part of historical tax information.
1725
2. If ad valorem taxes are not estimated using a tax
1726
estimator or buyer payment calculator as provided in
1727
subparagraph 1., the listing platform may not display the
1728
current owner’s ad valorem taxes and must include a link to the
1729
property appraiser’s tax estimator for the county in which the
1730
property is located, if available, or to such property
1731
appraiser’s homepage. The department shall maintain a table of
1732
links to each county property appraiser’s homepage and tax
1733
estimator, if available, on its website. The previous year’s ad
1734
valorem taxes on the property may not be displayed as part of
1735
historical tax information.
1736
3. There is no liability on the part of, and no cause of
1737
action may arise against, any person for an inaccurate
1738
estimation of ad valorem taxes for a property listed on a
1739
listing platform.
1740
(c) The current owner’s ad valorem taxes may not be
1741
included in any printed listing materials concerning a property.
1742
(d)1. The department shall develop a formula that may be
1743
used by a listing platform to calculate the estimated ad valorem
1744
taxes required under this subsection. Each county property
1745
appraiser shall provide the department with any information
1746
needed to develop the formula, including, at a minimum, the
1747
county name, tax district code, school district millage rate,
1748
and summary millage rate for all other applicable taxing
1749
authorities. Beginning December 15, 2026, and annually
1750
thereafter, the department shall publish on its website the
1751
formula and the information collected from each property
1752
appraiser under this subparagraph.
1753
2. The department shall annually develop a countywide
1754
aggregate average millage rate for each county which may be used
1755
by a listing platform as an alternative method of meeting the
1756
requirements of this subsection. The department shall require
1757
each county property appraiser to provide the department with
1758
any information needed to develop the countywide aggregate
1759
average millage rate. Beginning December 15, 2026, and annually
1760
thereafter, the department shall publish on its website the
1761
countywide aggregate average millage rate and the information
1762
collected from each property appraiser under this subparagraph.
1763
(e) The department may adopt rules to implement paragraph
1764
(d).
1765
Section 31. Subsection (9) of section 1011.71, Florida
1766
Statutes, is amended to read:
1767
1011.71 District school tax.—
1768
(9) In addition to the maximum millage levied under this
1769
section and the General Appropriations Act, a school district
1770
may levy, by local referendum or in a general election,
1771
additional millage for school operational purposes up to an
1772
amount that, when combined with nonvoted millage levied under
1773
this section, does not exceed the 10-mill limit established in
1774
s. 9(b), Art. VII of the State Constitution. Any such levy shall
1775
be for a maximum of 4 years and shall be counted as part of the
1776
10-mill limit established in s. 9(b), Art. VII of the State
1777
Constitution. For the purpose of distributing taxes collected
1778
pursuant to this subsection, the term “school operational
1779
purposes” includes charter schools sponsored by a school
1780
district . Millage elections conducted under the authority
1781
granted pursuant to this section are subject to s. 1011.73.
1782
Funds generated by such additional millage do not become a part
1783
of the calculation of the Florida Education Finance Program
1784
total potential funds in 2001-2002 or any subsequent year and
1785
must not be incorporated in the calculation of any hold-harmless
1786
or other component of the Florida Education Finance Program
1787
formula in any year. If an increase in required local effort,
1788
when added to existing millage levied under the 10-mill limit,
1789
would result in a combined millage in excess of the 10-mill
1790
limit, any millage levied pursuant to this subsection shall be
1791
considered to be required local effort to the extent that the
1792
district millage would otherwise exceed the 10-mill limit. Funds
1793
levied under this subsection shall be shared with charter
1794
schools based on each charter school’s proportionate share of
1795
the district’s total unweighted full-time equivalent student
1796
enrollment and used in a manner consistent with the purposes of
1797
the levy. The referendum must contain an explanation of the
1798
distribution methodology consistent with the requirements of
1799
this subsection.
1800
Section 32. The amendments made by this act to s.
1801
1011.71(9), Florida Statutes, amending the distribution of taxes
1802
collected from certain voted discretionary operating millages
1803
levied by school districts, apply to such levies authorized by a
1804
vote of the electors on or after July 1, 2026.
1805
Section 33. Paragraphs (g), (h), and (r) of subsection (1)
1806
of section 125.01, Florida Statutes, are amended to read:
1807
125.01 Powers and duties.—
1808
(1) The legislative and governing body of a county shall
1809
have the power to carry on county government. To the extent not
1810
inconsistent with general or special law, this power includes,
1811
but is not restricted to, the power to:
1812
(g) Prepare and enforce comprehensive plans for the
1813
development of the county , to the extent such plans do not
1814
contain the prohibitions in s. 377.817 .
1815
(h) Establish, coordinate, and enforce zoning and such
1816
business regulations as are necessary for the protection of the
1817
public , to the extent such zoning and business regulations do
1818
not include the prohibitions in s. 377.817 .
1819
(r) Levy and collect taxes, both for county purposes and
1820
for the providing of municipal services within any municipal
1821
service taxing unit, and special assessments; borrow and expend
1822
money; and issue bonds, revenue certificates, and other
1823
obligations of indebtedness, excluding the prohibitions in s.
1824
377.817, which power shall be exercised in such manner, and
1825
subject to such limitations, as may be provided by general law.
1826
A There shall be no referendum is not required for the levy by a
1827
county of ad valorem taxes, both for county purposes and for the
1828
providing of municipal services within any municipal service
1829
taxing unit.
1830
1. Notwithstanding any other provision of law, a county may
1831
not levy special assessments on lands classified as agricultural
1832
lands under s. 193.461 unless the revenue from such assessments
1833
has been pledged for debt service and is necessary to meet
1834
obligations of bonds or certificates issued by the county which
1835
remain outstanding on July 1, 2023, including refundings thereof
1836
for debt service savings where the maturity of the debt is not
1837
extended. For bonds or certificates issued after July 1, 2023,
1838
special assessments securing such bonds may not be levied on
1839
lands classified as agricultural under s. 193.461.
1840
2. The provisions of Subparagraph 1. does do not apply to
1841
residential structures and their curtilage.
1842
Section 34. Subsection (2) of section 166.021, Florida
1843
Statutes, is amended to read:
1844
166.021 Powers.—
1845
(2) “Municipal purpose” means any activity or power which
1846
may be exercised by the state or its political subdivisions. The
1847
term does not include any activity or power exercised relating
1848
to the prohibitions in s. 377.817.
1849
Section 35. Section 166.201, Florida Statutes, is amended
1850
to read:
1851
166.201 Taxes and charges.— Subject to the prohibitions in
1852
s. 377.817, a municipality may raise, by taxation and licenses
1853
authorized by the constitution or general law, or by user
1854
charges or fees authorized by ordinance, amounts of money which
1855
are necessary for the conduct of municipal government and may
1856
enforce their receipt and collection in the manner prescribed by
1857
ordinance not inconsistent with law.
1858
Section 36. Section 212.205, Florida Statutes, is amended
1859
to read:
1860
212.205 Sales tax distribution reporting.—By March 15 of
1861
each year, each person who received a distribution pursuant to
1862
s. 212.20(6)(d)7.b. and c. s. 212.20(6)(d)6.b. and c. in the
1863
preceding calendar year shall report to the Office of Economic
1864
and Demographic Research the following information:
1865
(1) An itemized accounting of all expenditures of the funds
1866
distributed in the preceding calendar year, including amounts
1867
spent on debt service.
1868
(2) A statement indicating what portion of the distributed
1869
funds have been pledged for debt service.
1870
(3) The original principal amount and current debt service
1871
schedule of any bonds or other borrowing for which the
1872
distributed funds have been pledged for debt service.
1873
Section 37. Paragraphs (a) and (d) of subsection (3) of
1874
section 288.11621, Florida Statutes, are amended to read:
1875
288.11621 Spring training baseball franchises.—
1876
(3) USE OF FUNDS.—
1877
(a) A certified applicant may use funds provided under s.
1878
212.20(6)(d)7.b. s. 212.20(6)(d)6.b. only to:
1879
1. Serve the public purpose of acquiring, constructing,
1880
reconstructing, or renovating a facility for a spring training
1881
franchise.
1882
2. Pay or pledge for the payment of debt service on, or to
1883
fund debt service reserve funds, arbitrage rebate obligations,
1884
or other amounts payable with respect thereto, bonds issued for
1885
the acquisition, construction, reconstruction, or renovation of
1886
such facility, or for the reimbursement of such costs or the
1887
refinancing of bonds issued for such purposes.
1888
3. Assist in the relocation of a spring training franchise
1889
from one unit of local government to another only if the
1890
governing board of the current host local government by a
1891
majority vote agrees to relocation.
1892
(d)1. All certified applicants must place unexpended state
1893
funds received pursuant to s. 212.20(6)(d)7.b. s.
1894
212.20(6)(d)6.b. in a trust fund or separate account for use
1895
only as authorized in this section.
1896
2. A certified applicant may request that the Department of
1897
Revenue suspend further distributions of state funds made
1898
available under s. 212.20(6)(d)7.b. s. 212.20(6)(d)6.b. for 12
1899
months after expiration of an existing agreement with a spring
1900
training franchise to provide the certified applicant with an
1901
opportunity to enter into a new agreement with a spring training
1902
franchise, at which time the distributions shall resume.
1903
3. The expenditure of state funds distributed to an
1904
applicant certified before July 1, 2010, must begin within 48
1905
months after the initial receipt of the state funds. In
1906
addition, the construction of, or capital improvements to, a
1907
spring training facility must be completed within 24 months
1908
after the project’s commencement.
1909
Section 38. Paragraph (c) of subsection (2) and paragraphs
1910
(a), (c), and (d) of subsection (3) of section 288.11631,
1911
Florida Statutes, are amended to read:
1912
288.11631 Retention of Major League Baseball spring
1913
training baseball franchises.—
1914
(2) CERTIFICATION PROCESS.—
1915
(c) Each applicant certified on or after July 1, 2013,
1916
shall enter into an agreement with the department which:
1917
1. Specifies the amount of the state incentive funding to
1918
be distributed. The amount of state incentive funding per
1919
certified applicant may not exceed $20 million. However, if a
1920
certified applicant’s facility is used by more than one spring
1921
training franchise, the maximum amount may not exceed $50
1922
million, and the Department of Revenue shall make distributions
1923
to the applicant pursuant to s. 212.20(6)(d)7.c. s.
1924
212.20(6)(d)6.c.
1925
2. States the criteria that the certified applicant must
1926
meet in order to remain certified. These criteria must include a
1927
provision stating that the spring training franchise must
1928
reimburse the state for any funds received if the franchise does
1929
not comply with the terms of the contract. If bonds were issued
1930
to construct or renovate a facility for a spring training
1931
franchise, the required reimbursement must be equal to the total
1932
amount of state distributions expected to be paid from the date
1933
the franchise violates the agreement with the applicant through
1934
the final maturity of the bonds.
1935
3. States that the certified applicant is subject to
1936
decertification if the certified applicant fails to comply with
1937
this section or the agreement.
1938
4. States that the department may recover state incentive
1939
funds if the certified applicant is decertified.
1940
5. Specifies the information that the certified applicant
1941
must report to the department.
1942
6. Includes any provision deemed prudent by the department.
1943
(3) USE OF FUNDS.—
1944
(a) A certified applicant may use funds provided under s.
1945
212.20(6)(d)7.c. s. 212.20(6)(d)6.c. only to:
1946
1. Serve the public purpose of constructing or renovating a
1947
facility for a spring training franchise.
1948
2. Pay or pledge for the payment of debt service on, or to
1949
fund debt service reserve funds, arbitrage rebate obligations,
1950
or other amounts payable with respect thereto, bonds issued for
1951
the construction or renovation of such facility, or for the
1952
reimbursement of such costs or the refinancing of bonds issued
1953
for such purposes.
1954
(c) The Department of Revenue may not distribute funds
1955
under s. 212.20(6)(d)7.c. s. 212.20(6)(d)6.c. until July 1,
1956
2016. Further, the Department of Revenue may not distribute
1957
funds to an applicant certified on or after July 1, 2013, until
1958
it receives notice from the department that:
1959
1. The certified applicant has encumbered funds under
1960
either subparagraph (a)1. or subparagraph (a)2.; and
1961
2. If applicable, any existing agreement with a spring
1962
training franchise for the use of a facility has expired.
1963
(d)1. All certified applicants shall place unexpended state
1964
funds received pursuant to s. 212.20(6)(d)7.c. s.
1965
212.20(6)(d)6.c. in a trust fund or separate account for use
1966
only as authorized in this section.
1967
2. A certified applicant may request that the department
1968
notify the Department of Revenue to suspend further
1969
distributions of state funds made available under s.
1970
212.20(6)(d)7.c. s. 212.20(6)(d)6.c. for 12 months after
1971
expiration of an existing agreement with a spring training
1972
franchise to provide the certified applicant with an opportunity
1973
to enter into a new agreement with a spring training franchise,
1974
at which time the distributions shall resume.
1975
3. The expenditure of state funds distributed to an
1976
applicant certified after July 1, 2013, must begin within 48
1977
months after the initial receipt of the state funds. In
1978
addition, the construction or renovation of a spring training
1979
facility must be completed within 24 months after the project’s
1980
commencement.
1981
Section 39. Subsection (1) of section 443.191, Florida
1982
Statutes, is amended to read:
1983
443.191 Unemployment Compensation Trust Fund; establishment
1984
and control.—
1985
(1) There is established, as a separate trust fund apart
1986
from all other public funds of this state, an Unemployment
1987
Compensation Trust Fund, which shall be administered by the
1988
Department of Commerce exclusively for the purposes of this
1989
chapter. The fund must consist of all of the following :
1990
(a) All contributions and reimbursements collected under
1991
this chapter . ;
1992
(b) Interest earned on any moneys in the fund . ;
1993
(c) Any property or securities acquired through the use of
1994
moneys belonging to the fund . ;
1995
(d) All earnings of these properties or securities . ;
1996
(e) All money credited to this state’s account in the
1997
federal Unemployment Compensation Trust Fund under 42 U.S.C. s.
1998
1103 . ;
1999
(f) All money collected for penalties imposed pursuant to
2000
s. 443.151(6)(a) . ;
2001
(g) Advances on the amount in the federal Unemployment
2002
Compensation Trust Fund credited to the state under 42 U.S.C. s.
2003
1321, as requested by the Governor or the Governor’s designee . ;
2004
and
2005
(h) All money deposited in this account as a distribution
2006
pursuant to s. 212.20(6)(d)7.e. s. 212.20(6)(d)6.e.
2008
Except as otherwise provided in s. 443.1313(4), all moneys in
2009
the fund must be mingled and undivided.
2010
Section 40. Section 571.26, Florida Statutes, is amended to
2011
read:
2012
571.26 Florida Agricultural Promotional Campaign Trust
2013
Fund.—There is hereby created the Florida Agricultural
2014
Promotional Campaign Trust Fund within the Department of
2015
Agriculture and Consumer Services to receive all moneys related
2016
to the Florida Agricultural Promotional Campaign. Moneys
2017
deposited in the trust fund shall be appropriated for the sole
2018
purpose of implementing the Florida Agricultural Promotional
2019
Campaign, except for money deposited in the trust fund pursuant
2020
to s. 212.20(6)(d)7.e. s. 212.20(6)(d)6.e. , which shall be held
2021
separately and used solely for the purposes identified in s.
2022
571.265.
2023
Section 41. Subsection (2) of section 571.265, Florida
2024
Statutes, is amended to read:
2025
571.265 Promotion of Florida thoroughbred breeding and of
2026
thoroughbred racing at Florida thoroughbred tracks; distribution
2027
of funds.—
2028
(2) Funds deposited into the Florida Agricultural
2029
Promotional Campaign Trust Fund pursuant to s. 212.20(6)(d)7.e.
2030
s. 212.20(6)(d)6.e. shall be used by the department to encourage
2031
the agricultural activity of breeding thoroughbred racehorses in
2032
this state and to enhance thoroughbred racing conducted at
2033
thoroughbred tracks in this state as provided in this section.
2034
If the funds made available under this section are not fully
2035
used in any one fiscal year, any unused amounts shall be carried
2036
forward in the trust fund into future fiscal years and made
2037
available for distribution as provided in this section.
2038
Section 42. For the purpose of incorporating the amendment
2039
made by this act to section 163.387, Florida Statutes, in a
2040
reference thereto, subsection (9) of section 259.042, Florida
2041
Statutes, is reenacted to read:
2042
259.042 Tax increment financing for conservation lands.—
2043
(9) The public bodies and taxing authorities listed in s.
2044
163.387(2)(c), school districts, and special districts that levy
2045
ad valorem taxes within a tax increment area are exempt from
2046
this section.
2047
Section 43. Effective October 1, 2026, for the purpose of
2048
incorporating the amendment made by this act to section 212.05,
2049
Florida Statutes, in a reference thereto, section 203.0011,
2050
Florida Statutes, is reenacted to read:
2051
203.0011 Combined rate for tax collected pursuant to ss.
2052
203.01(1)(b)4. and 212.05(1)(e)1.c.—In complying with the
2053
amendments to ss. 203.01 and 212.05, relating to the additional
2054
tax on electrical power or energy, made by this act, a seller of
2055
electrical power or energy may collect a combined rate of 6.95
2056
percent, which consists of the 4.35 percent and 2.6 percent
2057
required under ss. 212.05(1)(e)1.c. and 203.01(1)(b)4.,
2058
respectively, if the provider properly reflects the tax
2059
collected with respect to the two provisions as required in the
2060
return to the Department of Revenue.
2061
Section 44. Effective October 1, 2026, for the purpose of
2062
incorporating the amendment made by this act to section 212.05,
2063
Florida Statutes, in a reference thereto, section 212.05011,
2064
Florida Statutes, is reenacted to read:
2065
212.05011 Combined rate for tax collected pursuant to ss.
2066
203.01(1)(b)4. and 212.05(1)(e)1.c.—In complying with the
2067
amendments to ss. 203.01 and 212.05, relating to the additional
2068
tax on electrical power or energy, made by this act, a seller of
2069
electrical power or energy may collect a combined rate of 6.95
2070
percent, which consists of the 4.35 percent and 2.6 percent
2071
required under ss. 212.05(1)(e)1.c. and 203.01(1)(b)4.,
2072
respectively, if the provider properly reflects the tax
2073
collected with respect to the two provisions as required in the
2074
return to the Department of Revenue.
2075
Section 45. For the purpose of incorporating the amendment
2076
made by this act to section 218.67, Florida Statutes, in a
2077
reference thereto, paragraph (c) of subsection (5) of section
2078
125.0104, Florida Statutes, is reenacted to read:
2079
125.0104 Tourist development tax; procedure for levying;
2080
authorized uses; referendum; enforcement.—
2081
(5) AUTHORIZED USES OF REVENUE.—
2082
(c) A county located adjacent to the Gulf of America or the
2083
Atlantic Ocean, except a county that receives revenue from taxes
2084
levied pursuant to s. 125.0108, which meets the following
2085
criteria may use up to 10 percent of the tax revenue received
2086
pursuant to this section to reimburse expenses incurred in
2087
providing public safety services, including emergency medical
2088
services as defined in s. 401.107(3), and law enforcement
2089
services, which are needed to address impacts related to
2090
increased tourism and visitors to an area. However, if taxes
2091
collected pursuant to this section are used to reimburse
2092
emergency medical services or public safety services for tourism
2093
or special events, the governing board of a county or
2094
municipality may not use such taxes to supplant the normal
2095
operating expenses of an emergency medical services department,
2096
a fire department, a sheriff’s office, or a police department.
2097
To receive reimbursement, the county must:
2098
1.a. Generate a minimum of $10 million in annual proceeds
2099
from any tax, or any combination of taxes, authorized to be
2100
levied pursuant to this section;
2101
b. Have at least three municipalities; and
2102
c. Have an estimated population of less than 275,000,
2103
according to the most recent population estimate prepared
2104
pursuant to s. 186.901, excluding the inmate population; or
2105
2. Be a fiscally constrained county as described in s.
2106
218.67(1).
2108
The board of county commissioners must by majority vote approve
2109
reimbursement made pursuant to this paragraph upon receipt of a
2110
recommendation from the tourist development council.
2111
Section 46. For the purpose of incorporating the amendment
2112
made by this act to section 218.67, Florida Statutes, in a
2113
reference thereto, subsection (3) of section 193.624, Florida
2114
Statutes, is reenacted to read:
2115
193.624 Assessment of renewable energy source devices.—
2116
(3) This section applies to the installation of a renewable
2117
energy source device installed on or after January 1, 2013, to
2118
new and existing residential real property. This section applies
2119
to a renewable energy source device installed on or after
2120
January 1, 2018, to all other real property, except when
2121
installed as part of a project planned for a location in a
2122
fiscally constrained county, as defined in s. 218.67(1), and for
2123
which an application for a comprehensive plan amendment or
2124
planned unit development zoning has been filed with the county
2125
on or before December 31, 2017.
2126
Section 47. For the purpose of incorporating the amendment
2127
made by this act to section 218.67, Florida Statutes, in a
2128
reference thereto, subsection (2) of section 196.182, Florida
2129
Statutes, is reenacted to read:
2130
196.182 Exemption of renewable energy source devices.—
2131
(2) The exemption provided in this section does not apply
2132
to a renewable energy source device that is installed as part of
2133
a project planned for a location in a fiscally constrained
2134
county, as defined in s. 218.67(1), and for which an application
2135
for a comprehensive plan amendment or planned unit development
2136
zoning has been filed with the county on or before December 31,
2137
2017.
2138
Section 48. For the purpose of incorporating the amendment
2139
made by this act to section 218.67, Florida Statutes, in a
2140
reference thereto, subsection (1) of section 218.12, Florida
2141
Statutes, is reenacted to read:
2142
218.12 Appropriations to offset reductions in ad valorem
2143
tax revenue in fiscally constrained counties.—
2144
(1) Beginning in fiscal year 2008-2009, the Legislature
2145
shall appropriate moneys to offset the reductions in ad valorem
2146
tax revenue experienced by fiscally constrained counties, as
2147
defined in s. 218.67(1), which occur as a direct result of the
2148
implementation of revisions of Art. VII of the State
2149
Constitution approved in the special election held on January
2150
29, 2008. The moneys appropriated for this purpose shall be
2151
distributed in January of each fiscal year among the fiscally
2152
constrained counties based on each county’s proportion of the
2153
total reduction in ad valorem tax revenue resulting from the
2154
implementation of the revision.
2155
Section 49. For the purpose of incorporating the amendment
2156
made by this act to section 218.67, Florida Statutes, in a
2157
reference thereto, subsection (1) of section 218.125, Florida
2158
Statutes, is reenacted to read:
2159
218.125 Offset for tax loss associated with certain
2160
constitutional amendments affecting fiscally constrained
2161
counties.—
2162
(1) Beginning in the 2010-2011 fiscal year, the Legislature
2163
shall appropriate moneys to offset the reductions in ad valorem
2164
tax revenue experienced by fiscally constrained counties, as
2165
defined in s. 218.67(1), which occur as a direct result of the
2166
implementation of revisions of ss. 3(f) and 4(b), Art. VII of
2167
the State Constitution which were approved in the general
2168
election held in November 2008. The moneys appropriated for this
2169
purpose shall be distributed in January of each fiscal year
2170
among the fiscally constrained counties based on each county’s
2171
proportion of the total reduction in ad valorem tax revenue
2172
resulting from the implementation of the revisions.
2173
Section 50. For the purpose of incorporating the amendment
2174
made by this act to section 218.67, Florida Statutes, in a
2175
reference thereto, subsection (1) of section 218.135, Florida
2176
Statutes, is reenacted to read:
2177
218.135 Offset for tax loss associated with reductions in
2178
value of certain citrus fruit packing and processing equipment.—
2179
(1) For the 2018-2019 fiscal year, the Legislature shall
2180
appropriate moneys to offset the reductions in ad valorem tax
2181
revenue experienced by fiscally constrained counties, as defined
2182
in s. 218.67(1), which occur as a direct result of the
2183
implementation of s. 193.4516. The moneys appropriated for this
2184
purpose shall be distributed in January 2019 among the fiscally
2185
constrained counties based on each county’s proportion of the
2186
total reduction in ad valorem tax revenue resulting from the
2187
implementation of s. 193.4516.
2188
Section 51. For the purpose of incorporating the amendment
2189
made by this act to section 218.67, Florida Statutes, in a
2190
reference thereto, subsection (1) of section 218.136, Florida
2191
Statutes, is reenacted to read:
2192
218.136 Offset for ad valorem revenue loss affecting
2193
fiscally constrained counties.—
2194
(1) Beginning in fiscal year 2025-2026, the Legislature
2195
shall appropriate moneys to offset the reductions in ad valorem
2196
tax revenue experienced by fiscally constrained counties, as
2197
defined in s. 218.67(1), which occur as a direct result of the
2198
implementation of revisions of s. 6(a), Art. VII of the State
2199
Constitution approved in the November 2024 general election. The
2200
moneys appropriated for this purpose shall be distributed in
2201
January of each fiscal year among the fiscally constrained
2202
counties based on each county’s proportion of the total
2203
reduction in ad valorem tax revenue resulting from the
2204
implementation of the revision of s. 6(a), Art. VII of the State
2205
Constitution.
2206
Section 52. For the purpose of incorporating the amendment
2207
made by this act to section 218.67, Florida Statutes, in a
2208
reference thereto, paragraph (cc) of subsection (2) of section
2209
252.35, Florida Statutes, is reenacted to read:
2210
252.35 Emergency management powers; Division of Emergency
2211
Management.—
2212
(2) The division is responsible for carrying out the
2213
provisions of ss. 252.31-252.90. In performing its duties, the
2214
division shall:
2215
(cc) Administer a revolving loan program for local
2216
government hazard mitigation projects.
2217
Section 53. For the purpose of incorporating the amendment
2218
made by this act to section 218.67, Florida Statutes, in a
2219
reference thereto, paragraph (b) of subsection (2) of section
2220
288.0655, Florida Statutes, is reenacted to read:
2221
288.0655 Rural Infrastructure Fund.—
2222
(2)
2223
(b) To facilitate access of rural communities and rural
2224
areas of opportunity as defined by the Rural Economic
2225
Development Initiative to infrastructure funding programs of the
2226
Federal Government, such as those offered by the United States
2227
Department of Agriculture and the United States Department of
2228
Commerce, and state programs, including those offered by Rural
2229
Economic Development Initiative agencies, and to facilitate
2230
local government or private infrastructure funding efforts, the
2231
department may award grants for up to 75 percent of the total
2232
infrastructure project cost, or up to 100 percent of the total
2233
infrastructure project cost for a project located in a rural
2234
community as defined in s. 288.0656(2) which is also located in
2235
a fiscally constrained county as defined in s. 218.67(1) or a
2236
rural area of opportunity as defined in s. 288.0656(2). Eligible
2237
uses of funds may include improving any inadequate
2238
infrastructure that has resulted in regulatory action that
2239
prohibits economic or community growth and reducing the costs to
2240
community users of proposed infrastructure improvements that
2241
exceed such costs in comparable communities. Eligible uses of
2242
funds include improvements to public infrastructure for
2243
industrial or commercial sites and upgrades to or development of
2244
public tourism infrastructure. Authorized infrastructure may
2245
include the following public or public-private partnership
2246
facilities: storm water systems; telecommunications facilities;
2247
roads or other remedies to transportation impediments; nature
2248
based tourism facilities; or other physical requirements
2249
necessary to facilitate tourism, trade, and economic development
2250
activities in the community. Authorized infrastructure may also
2251
include publicly or privately owned self-powered nature-based
2252
tourism facilities, publicly owned telecommunications
2253
facilities, and additions to the distribution facilities of the
2254
existing natural gas utility as defined in s. 366.04(3)(c), the
2255
existing electric utility as defined in s. 366.02, or the
2256
existing water or wastewater utility as defined in s.
2257
367.021(12), or any other existing water or wastewater facility,
2258
which owns a gas or electric distribution system or a water or
2259
wastewater system in this state when:
2260
1. A contribution-in-aid of construction is required to
2261
serve public or public-private partnership facilities under the
2262
tariffs of any natural gas, electric, water, or wastewater
2263
utility as defined herein; and
2264
2. Such utilities as defined herein are willing and able to
2265
provide such service.
2266
Section 54. For the purpose of incorporating the amendment
2267
made by this act to section 218.67, Florida Statutes, in a
2268
reference thereto, subsection (4) of section 288.102, Florida
2269
Statutes, is reenacted to read:
2270
288.102 Supply Chain Innovation Grant Program.—
2271
(4) A minimum of a one-to-one match of nonstate resources,
2272
including local, federal, or private funds, to the state
2273
contribution is required. An award may not be made for a project
2274
that is receiving or using state funding from another state
2275
source or statutory program, including tax credits. The one-to
2276
one match requirement is waived for a public entity located in a
2277
fiscally constrained county as defined in s. 218.67(1).
2278
Section 55. For the purpose of incorporating the amendment
2279
made by this act to section 218.67, Florida Statutes, in a
2280
reference thereto, paragraph (c) of subsection (4) of section
2281
339.2816, Florida Statutes, is reenacted to read:
2282
339.2816 Small County Road Assistance Program.—
2283
(4)
2284
(c) The following criteria must be used to prioritize road
2285
projects for funding under the program:
2286
1. The primary criterion is the physical condition of the
2287
road as measured by the department.
2288
2. As secondary criteria the department may consider:
2289
a. Whether a road is used as an evacuation route.
2290
b. Whether a road has high levels of agricultural travel.
2291
c. Whether a road is considered a major arterial route.
2292
d. Whether a road is considered a feeder road.
2293
e. Whether a road is located in a fiscally constrained
2294
county, as defined in s. 218.67(1).
2295
f. Other criteria related to the impact of a project on the
2296
public road system or on the state or local economy as
2297
determined by the department.
2298
Section 56. For the purpose of incorporating the amendment
2299
made by this act to section 218.67, Florida Statutes, in a
2300
reference thereto, paragraph (h) of subsection (16) of section
2301
403.064, Florida Statutes, is reenacted to read:
2302
403.064 Reuse of reclaimed water.—
2303
(16) By November 1, 2021, domestic wastewater utilities
2304
that dispose of effluent, reclaimed water, or reuse water by
2305
surface water discharge shall submit to the department for
2306
review and approval a plan for eliminating nonbeneficial surface
2307
water discharge by January 1, 2032, subject to the requirements
2308
of this section. The plan must include the average gallons per
2309
day of effluent, reclaimed water, or reuse water that will no
2310
longer be discharged into surface waters and the date of such
2311
elimination, the average gallons per day of surface water
2312
discharge which will continue in accordance with the
2313
alternatives provided for in subparagraphs (a)2. and 3., and the
2314
level of treatment that the effluent, reclaimed water, or reuse
2315
water will receive before being discharged into a surface water
2316
by each alternative.
2317
(h) This subsection does not apply to any of the following:
2318
1. A domestic wastewater treatment facility that is located
2319
in a fiscally constrained county as described in s. 218.67(1).
2320
2. A domestic wastewater treatment facility that is located
2321
in a municipality that is entirely within a rural area of
2322
opportunity as designated pursuant to s. 288.0656.
2323
3. A domestic wastewater treatment facility that is located
2324
in a municipality that has less than $10 million in total
2325
revenue, as determined by the municipality’s most recent annual
2326
financial report submitted to the Department of Financial
2327
Services in accordance with s. 218.32.
2328
4. A domestic wastewater treatment facility that is
2329
operated by an operator of a mobile home park as defined in s.
2330
723.003 and has a permitted capacity of less than 300,000
2331
gallons per day.
2332
Section 57. For the purpose of incorporating the amendments
2333
made by this act to section 218.67, Florida Statutes, in
2334
references thereto, paragraph (c) of subsection (6) of section
2335
403.0741, Florida Statutes, is reenacted to read:
2336
403.0741 Grease waste removal and disposal.—
2337
(6) REGULATION BY LOCAL GOVERNMENTS.—
2338
(c) Fiscally constrained counties as described in s.
2339
218.67(1) and small counties as defined in s. 339.2818(2) may
2340
opt out of the requirements of this section.
2341
Section 58. For the purpose of incorporating the amendment
2342
made by this act to section 218.67, Florida Statutes, in
2343
references thereto, subsections (2) and (3) of section 589.08,
2344
Florida Statutes, are reenacted to read:
2345
589.08 Land acquisition restrictions.—
2346
(2) The Florida Forest Service may receive, hold the
2347
custody of, and exercise the control of any lands, and set aside
2348
into a separate, distinct and inviolable fund, any proceeds
2349
derived from the sales of the products of such lands, the use
2350
thereof in any manner, or the sale of such lands save the 25
2351
percent of the proceeds to be paid into the State School Fund as
2352
provided by law. The Florida Forest Service may use and apply
2353
such funds for the acquisition, use, custody, management,
2354
development, or improvement of any lands vested in or subject to
2355
the control of the Florida Forest Service. After full payment
2356
has been made for the purchase of a state forest to the Federal
2357
Government or other grantor, 15 percent of the gross receipts
2358
from a state forest shall be paid to the fiscally constrained
2359
county or counties, as described in s. 218.67(1), in which it is
2360
located in proportion to the acreage located in each county for
2361
use by the county or counties for school purposes.
2362
(3) The Florida Forest Service shall pay 15 percent of the
2363
gross receipts from the Goethe State Forest to each fiscally
2364
constrained county, as described in s. 218.67(1), in which a
2365
portion of the respective forest is located in proportion to the
2366
forest acreage located in such county. The funds must be equally
2367
divided between the board of county commissioners and the school
2368
board of each fiscally constrained county.
2369
Section 59. For the purpose of incorporating the amendment
2370
made by this act to section 218.67, Florida Statutes, in a
2371
reference thereto, paragraph (f) of subsection (1) of section
2372
1011.62, Florida Statutes, is reenacted to read:
2373
1011.62 Funds for operation of schools.—If the annual
2374
allocation from the Florida Education Finance Program to each
2375
district for operation of schools is not determined in the
2376
annual appropriations act or the substantive bill implementing
2377
the annual appropriations act, it shall be determined as
2378
follows:
2379
(1) COMPUTATION OF THE BASE FLORIDA EDUCATION FINANCE
2380
PROGRAM.—The following procedure shall be followed in
2381
determining the base Florida Education Finance Program funds for
2382
each district:
2383
(f) Small district factor.—An additional value per full
2384
time equivalent student membership is provided to each school
2385
district with a full-time equivalent student membership of fewer
2386
than 20,000 full-time equivalent students which is in a fiscally
2387
constrained county as described in s. 218.67(1). The amount of
2388
the additional value shall be specified in the General
2389
Appropriations Act.
2390
Section 60. Hunting, fishing, and camping sales tax
2391
holiday.—
2392
(1) The tax levied under chapter 212, Florida Statutes, may
2393
not be collected during the period from September 7, 2026,
2394
through December 31, 2026, on the retail sale of:
2395
(a) Ammunition, as defined in s. 790.001, Florida Statutes.
2396
(b) A firearm. For purposes of this section, the term
2397
“firearm” means a weapon capable of firing a missile and
2398
includes a pistol, rifle, or shotgun using an explosive charge
2399
as a propellant.
2400
(c) The following accessories used for firearms:
2401
1. Charging handles.
2402
2. Cleaning kits.
2403
3. Holsters.
2404
4. Pistol grips.
2405
5. Sights or optics.
2406
6. Stocks.
2407
(d) A bow. For purposes of this section, the term “bow”
2408
means a device consisting of flexible material having a string
2409
connecting its two ends, either indirectly by cables or pulleys
2410
or directly, for the purpose of discharging arrows; which
2411
propels arrows only by the energy stored by the drawing of the
2412
device; and which is handheld, hand-drawn, and hand-released.
2413
(e) A crossbow. For purposes of this section, the term
2414
“crossbow” means a device consisting of flexible material having
2415
a string connecting its two ends, either indirectly by cables or
2416
pulleys or directly, affixed to a stock for the purpose of
2417
discharging quarrels, bolts, or arrows; which propels quarrels,
2418
bolts, or arrows only by the energy stored by the drawing of the
2419
device; and which uses a non-handheld locking mechanism to
2420
maintain the device in a drawn or ready-to-discharge condition.
2421
(f) The following accessories used for bows or crossbows:
2422
1. Arrows.
2423
2. Bolts.
2424
3. Quarrels.
2425
4. Quivers.
2426
5. Releases.
2427
6. Sights or optics.
2428
7. Wristguards.
2429
(g) Camping supplies. For purposes of this section, the
2430
term “camping supplies” means tents with a sales price of $200
2431
or less; sleeping bags, portable hammocks, camping stoves, and
2432
collapsible camping chairs with a sales price of $50 or less;
2433
and camping lanterns and flashlights with a sales price of $30
2434
or less.
2435
(h) Fishing supplies. For purposes of this section, the
2436
term “fishing supplies” means rods and reels with a sales price
2437
of $75 or less if sold individually, or $150 or less if sold as
2438
a set; tackle boxes or bags with a sales price of $30 or less;
2439
and bait or fishing tackle with a sales price of $10 or less if
2440
sold individually, or $20 or less if multiple items are sold
2441
together. The term does not include supplies used for commercial
2442
fishing purposes.
2443
(2) The Department of Revenue is authorized, and all
2444
conditions are deemed met, to adopt emergency rules pursuant to
2445
s. 120.54(4), Florida Statutes, for the purpose of implementing
2446
this section.
2447
Section 61. The Department of Revenue is authorized, and
2448
all conditions are deemed met, to adopt emergency rules pursuant
2449
to s. 120.54(4), Florida Statutes, for the purpose of
2450
implementing provisions the amendments made to ss. 203.01,
2451
203.012, 212.04, 212.05, 212.08, 212.0516, and 288.062, Florida
2452
Statutes. Notwithstanding any other law, emergency rules adopted
2453
under this section are effective for 6 months after adoption and
2454
may be renewed during the pendency of procedures to adopt
2455
permanent rules addressing the subject of the emergency rules.
2456
Section 62. The Department of Commerce is authorized, and
2457
all conditions are deemed met, to adopt emergency rules pursuant
2458
to s. 120.54(4), Florida Statutes, for the purpose of
2459
implementing the amendments made to s. 288.062, Florida
2460
Statutes. Notwithstanding any other law, emergency rules adopted
2461
under this section are effective for 6 months after adoption and
2462
may be renewed during the pendency of procedures to adopt
2463
permanent rules addressing the subject of the emergency rules.
2464
Section 63. Except as otherwise provided in this act and
2465
except for this section, which shall take effect upon becoming a
2466
law, this act shall take effect July 1, 2026.