Bill Text: FL S7068 | 2021 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Taxation
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-04-29 - Laid on Table, companion bill(s) passed, see HB 7061 (Ch. 2021-31) [S7068 Detail]
Download: Florida-2021-S7068-Introduced.html
Bill Title: Taxation
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-04-29 - Laid on Table, companion bill(s) passed, see HB 7061 (Ch. 2021-31) [S7068 Detail]
Download: Florida-2021-S7068-Introduced.html
Florida Senate - 2021 SB 7068 By the Committee on Finance and Tax 593-03378-21 20217068__ 1 A bill to be entitled 2 An act relating to tax administration; amending s. 3 197.222, F.S.; requiring, rather than authorizing, tax 4 collectors to accept late payments of prepaid property 5 taxes within a certain timeframe; deleting a late 6 payment penalty; amending s. 211.3106, F.S.; 7 specifying the severance tax rate for a certain heavy 8 mineral under certain circumstances; amending s. 9 212.06, F.S.; revising the definition of the term 10 “dealer”; revising a condition for a sales tax 11 exception for tangible personal property imported, 12 produced, or manufactured in this state for export; 13 defining terms; specifying application requirements 14 and procedures for a forwarding agent to apply for a 15 Florida Certificate of Forwarding Agent Address from 16 the Department of Revenue; requiring forwarding agents 17 receiving such certificate to register as dealers for 18 purposes of the sales and use tax; specifying 19 requirements for sales tax remittance and for 20 recordkeeping; specifying the timeframe for expiration 21 of certificates and procedures for renewal; requiring 22 forwarding agents to update information; requiring the 23 department to verify certain information; authorizing 24 the department to suspend or revoke certificates under 25 certain circumstances; requiring the department to 26 provide a list on its website of forwarding agents who 27 have received certificates; providing circumstances 28 and requirements for and construction related to 29 dealers accepting certificates or relying on the 30 department’s website list in lieu of collecting 31 certain taxes; providing criminal penalties for 32 certain violations; authorizing the department to 33 adopt rules; amending s. 212.13, F.S.; revising 34 recordkeeping requirements for dealers collecting the 35 sales and use tax; amending s. 212.15, F.S.; providing 36 that stolen sales tax revenue may be aggregated for 37 the purposes of determining the grade of certain 38 criminal offenses; amending s. 213.053, F.S.; 39 authorizing the department to publish a list of 40 forwarding agents who have received Florida 41 Certificates of Forwarding Agent Address on its 42 website; reenacting s. 192.0105(3)(a), F.S., relating 43 to taxpayer rights, to incorporate the amendment made 44 to s. 197.222, F.S., in a reference thereto; 45 reenacting s. 212.07(1)(c), F.S., relating to the 46 sales, storage, and use tax, to incorporate the 47 amendment made to s. 212.06, F.S., in a reference 48 thereto; reenacting s. 212.08(18)(f), F.S., relating 49 to the sales, rental, use, consumption, distribution, 50 and storage tax, to incorporate the amendment made to 51 s. 212.13, F.S., in a reference thereto; authorizing 52 the department to adopt emergency rules; providing for 53 expiration of that authority; providing effective 54 dates. 55 56 Be It Enacted by the Legislature of the State of Florida: 57 58 Section 1. Effective July 1, 2021, paragraph (a) of 59 subsection (1) of section 197.222, Florida Statutes, is amended 60 to read: 61 197.222 Prepayment of estimated tax by installment method.— 62 (1) Taxes collected pursuant to this chapter may be prepaid 63 in installments as provided in this section. A taxpayer may 64 elect to prepay by installments for each tax notice for taxes 65 estimated to be more than $100. A taxpayer who elects to prepay 66 shall make payments based upon an estimated tax equal to the 67 actual taxes levied upon the subject property in the prior year. 68 In order to prepay by installments, the taxpayer must complete 69 and file an application for each tax notice with the tax 70 collector on or before April 30 of the year in which the 71 taxpayer elects to prepay the taxes. After submission of an 72 initial application, a taxpayer is not required to submit 73 additional annual applications as long as he or she continues to 74 elect to prepay taxes in installments. However, if in any year 75 the taxpayer does not so elect, reapplication is required for a 76 subsequent election. Installment payments shall be made 77 according to the following schedule: 78 (a) The first payment of one-quarter of the total amount of 79 estimated taxes due must be made by June 30 of the year in which 80 the taxes are assessed. A 6 percent discount applied against the 81 amount of the installment shall be granted for such payment. The 82 tax collector shallmayaccept a late payment of the first 83 installment through July 31, and the late payment must be84accompanied by a penalty of 5 percent of the amount of the85installment due. 86 Section 2. Paragraph (e) of subsection (3) of section 87 211.3106, Florida Statutes, is amended to read: 88 211.3106 Levy of tax on severance of heavy minerals; rate, 89 basis, and distribution of tax.— 90 (3) 91 (e) IfIn the eventthe producer price index for titanium 92 dioxide is discontinued or can no longer be calculated,thena 93 comparable index mustshallbe selected by the department and 94 adopted by rule. If there is no comparable index, the tax rate 95 for the immediately preceding year must be used. 96 Section 3. Subsection (5) of section 212.06, Florida 97 Statutes, is amended, and paragraph (m) is added to subsection 98 (2) of that section, to read: 99 212.06 Sales, storage, use tax; collectible from dealers; 100 “dealer” defined; dealers to collect from purchasers; 101 legislative intent as to scope of tax.— 102 (2) 103 (m) The term “dealer” also means a forwarding agent as 104 defined in sub-subparagraph (5)(b)1.c. who has applied for and 105 received a Florida Certificate of Forwarding Agent Address from 106 the department. 107 (5)(a)1. Except as provided in subparagraph 2., it is not 108 the intention of this chapter to levy a tax upon tangible 109 personal property imported, produced, or manufactured in this 110 state for export, provided that tangible personal property may 111 not be considered as being imported, produced, or manufactured 112 for export unless the importer, producer, or manufacturer 113 delivers the same to a forwarding agentlicensed exporterfor 114 exporting or to a common carrier for shipment outside thisthe115 state or mails the same by United States mail to a destination 116 outside thisthestate; or, in the case of aircraft being 117 exported under their own power to a destination outside the 118 continental limits of the United States, by submission to the 119 department of a duly signed and validated United States customs 120 declaration, showing the departure of the aircraft from the 121 continental United States; and further with respect to aircraft, 122 the canceled United States registry of said aircraft; or in the 123 case of parts and equipment installed on aircraft of foreign 124 registry, by submission to the department of documentation as,125the extent of which shall beprovided by rule, showing the 126 departure of the aircraft from the continental United States; 127 nor is it the intention of this chapter to levy a tax on any 128 sale thatwhichthe state is prohibited from taxing under the 129 Constitution or laws of the United States. Every retail sale 130 made to a person physically present at the time of sale isshall131bepresumed to have been delivered in this state. 132 2.a. Notwithstanding subparagraph 1., a tax is levied on 133 each sale of tangible personal property to be transported to a 134 cooperating state as defined in sub-subparagraph c., at the rate 135 specified in sub-subparagraph d. However, a Florida dealer is 136will berelieved from the requirements of collecting taxes 137 pursuant to this subparagraph if the Florida dealer obtains from 138 the purchaser an affidavit providingsetting forththe 139 purchaser’s name, address, state taxpayer identification number, 140 and a statement that the purchaser is aware of his or her 141 state’s use tax laws, is a registered dealer in Florida or 142 another state, or is purchasing the tangible personal property 143 for resale or is otherwise not required to pay the tax on the 144 transaction. The department may, by rule, provide a form to be 145 used for the purposes of this sub-subparagraphset forth herein. 146 b. For purposes of this subparagraph, the term “a147 cooperating state” means a stateis onedetermined by the 148 executive director of the department to cooperate satisfactorily 149 with this state in collecting taxes on mail order sales. To be 150 determined a cooperating state, aNostate must meetshall be so151determined unless it meetsall the following minimum 152 requirements: 153 (I) It levies and collects taxes on mail order sales of 154 property transported from that state to persons in this state, 155 as described in s. 212.0596, upon request of the department. 156 (II) The tax so collected mustshallbe at the rate 157 specified in s. 212.05, not including any local option or 158 tourist or convention development taxes collected pursuant to s. 159 125.0104 or this chapter. 160 (III) Such state agrees to remit to the department all 161 taxes so collected no later than 30 days from the last day of 162 the calendar quarter following their collection. 163 (IV) Such state authorizes the department to audit dealers 164 within its jurisdiction who make mail order sales that are the 165 subject of s. 212.0596, or makes arrangements deemed adequate by 166 the department for auditing them with its own personnel. 167 (V) Such state agrees to provide to the department records 168 obtained by it from retailers or dealers in such state showing 169 delivery of tangible personal property into this state upon 170 which no sales or use tax has been paid in a manner similar to 171 that provided in sub-subparagraph g. 172 c. For purposes of this subparagraph, the term “sales of 173 tangible personal property to be transported to a cooperating 174 state” means mail order sales to a person who is in the 175 cooperating state at the time the order is executed, from a 176 dealer who receives that order in this state. 177 d. The tax levied by sub-subparagraph a. shall be at the 178 rate at which such a sale would have been taxed pursuant to the 179 cooperating state’s tax laws if consummated in the cooperating 180 state by a dealer and a purchaser, both of whom were physically 181 present in that state at the time of the sale. 182 e. The tax levied by sub-subparagraph a., when collected, 183 shall be held in the State Treasury in trust for the benefit of 184 the cooperating state and shall be paid to it at a time agreed 185 upon between the department, acting for this state, and the 186 cooperating state or the department or agency designated by it 187 to act for it; however, such payment shall in no event be made 188 later than 30 days from the last day of the calendar quarter 189 after the tax was collected. Funds held in trust for the benefit 190 of a cooperating state areshallnotbesubject to the service 191 charges imposed by s. 215.20. 192 f. The department is authorized to perform such acts and to 193 provide such cooperation to a cooperating state with reference 194 to the tax levied by sub-subparagraph a. as is required of the 195 cooperating state by sub-subparagraph b. 196 g. In furtherance of this act, dealers selling tangible 197 personal property for delivery in another state shall make 198 available to the department, upon request of the department, 199 records of all tangible personal property so sold. Such records 200 mustshallinclude a description of the property, the name and 201 address of the purchaser, the name and address of the person to 202 whom the property was sent, the purchase price of the property, 203 information regarding whether sales tax was paid in this state 204 on the purchase price, and such other information as the 205 department may by rule prescribe. 206 (b)1. As used in this subsection, the term: 207 a. “Certificate” means a Florida Certificate of Forwarding 208 Agent Address. 209 b. “Facilitating” means preparation for or arranging for 210 export. 211 c. “Forwarding agent” means a person or business whose 212 principal business activity is facilitating for compensation the 213 export of property owned by other persons. 214 d. “NAICS” means those classifications contained in the 215 North American Industry Classification System as published in 216 2007 by the Office of Management and Budget, Executive Office of 217 the President. 218 e. “Principal business activity” means the activity from 219 which the person or business derives the highest percentage of 220 its total receipts. 221 2. A forwarding agent engaged in international export may 222 apply to the department for a certificate. 223 3. Each application must include: 224 a. The designation of an address for the forwarding agent. 225 b. A certification that: 226 (I) The tangible personal property delivered to the 227 designated address for export originates with a United States 228 vendor; 229 (II) The tangible personal property delivered to the 230 designated address for export is irrevocably committed to export 231 out of the United States through a continuous and unbroken 232 exportation process; and 233 (III) The designated address is used exclusively by the 234 forwarding agent for such export. 235 c. A copy of the forwarding agent’s last filed federal 236 income tax return showing the entity’s principal business 237 activity classified under NAICS code 488510, except as provided 238 under subparagraph 4. or subparagraph 5. 239 d. A statement of the total revenues of the forwarding 240 agent. 241 e. A statement of the amount of revenues associated with 242 international export of the forwarding agent. 243 f. A description of all business activity that occurs at 244 the designated address. 245 g. The name and contact information of a designated contact 246 person of the forwarding agent. 247 h. The forwarding agent’s website address. 248 i. Any additional information the department requires by 249 rule to demonstrate eligibility for the certificate and a 250 signature attesting to the validity of the information provided. 251 4. An applicant that has not filed a federal return for the 252 preceding tax year under NAICS code 488510 shall provide all of 253 the following: 254 a. A statement of estimated total revenues. 255 b. A statement of estimated revenues associated with 256 international export. 257 c. The NAICS code under which the forwarding agent intends 258 to file a federal return. 259 5. If an applicant does not file a federal return 260 identifying a NAICS code, the applicant shall provide 261 documentation to support that its principal business activity is 262 that of a forwarding agent as defined in sub-subparagraph 263 (b)1.c. and that the applicant is otherwise eligible for the 264 certificate. 265 6. A forwarding agent that applies for and receives a 266 certificate shall register as a dealer with the department. 267 7. A forwarding agent shall remit the tax imposed under 268 this chapter on any tangible personal property shipped to the 269 designated forwarding agent address if no tax was collected and 270 the tangible personal property remained in this state or when 271 delivery to the purchaser or purchaser’s representative occurs 272 in this state. This subparagraph does not prohibit the 273 forwarding agent from collecting such tax from the consumer of 274 the tangible personal property. 275 8. A forwarding agent shall maintain the following records: 276 a. Copies of sales invoices or receipts between the vendor 277 and the consumer when provided by the vendor to the forwarding 278 agent. If sales invoices or receipts are not provided to the 279 forwarding agent, the forwarding agent must maintain export 280 documentation evidencing the value of the purchase consistent 281 with the federal Export Administration Regulations, 15 C.F.R. 282 parts 730-774. 283 b. Copies of federal returns evidencing the forwarding 284 agent’s NAICS principal business activity code. 285 c. Copies of invoices evidencing shipment to the forwarding 286 agent. 287 d. Invoices between the forwarding agent and the consumer 288 or other documentation evidencing the ship-to destination 289 outside the United States. 290 e. Invoices for foreign postal or transportation services. 291 f. Bills of lading. 292 g. Any other export documentation. 293 294 Such records must be kept in an electronic format and made 295 available for the department’s review pursuant to subparagraph 296 9. and ss. 212.13 and 213.35. 297 9. Each certificate expires 5 years after the date of 298 issuance, except as specified in this subparagraph. 299 a. At least 30 days before expiration, a new application 300 must be submitted to renew the certificate, and the application 301 must contain the information required in subparagraph 3. Upon 302 application for renewal, the certificate is subject to the 303 review and reissuance procedures prescribed by this chapter and 304 department rule. 305 b. Each forwarding agent shall update its application 306 information annually or within 30 days of any material change. 307 c. The department shall verify that the forwarding agent is 308 actively engaged in facilitating the international export of 309 tangible personal property. 310 d. The department may suspend or revoke the certificate of 311 any forwarding agent that fails to respond within 30 days to a 312 written request for information regarding its business 313 transactions. 314 10. The department shall provide a list on its website of 315 forwarding agents that have applied for and received a 316 certificate from the department. The list must include a 317 forwarding agent’s entity name, address, and expiration date as 318 provided on the certificate. 319 11. A dealer may accept a copy of the forwarding agent’s 320 certificate or rely on the list of forwarding agents’ names and 321 addresses on the department’s website in lieu of collecting the 322 tax imposed under this chapter when the property is required by 323 terms of the sale to be shipped to the designated address on the 324 certificate. A dealer who accepts a valid copy of a certificate 325 in good faith and ships purchased tangible personal property to 326 the address on the certificate is not liable for any tax due on 327 sales made during the effective dates indicated on the 328 certificate. 329 12. The department may revoke a forwarding agent’s 330 certificate for noncompliance with this paragraph. Any person 331 found to fraudulently use the address on the certificate for the 332 purpose of evading tax is subject to the penalties provided in 333 s. 212.085. 334 13. The department may adopt rules to administer this 335 paragraph, including rules relating to procedures, application 336 and eligibility requirements, and forms. 337 (c)1. Notwithstandingthe provisions ofparagraph (a), it 338 is not the intention of this chapter to levy a tax on the sale 339 of tangible personal property to a nonresident dealer who does 340 not hold a Florida sales tax registration, provided such 341 nonresident dealer furnishes the seller a statement declaring 342 that the tangible personal property will be transported outside 343 this state by the nonresident dealer for resale and for no other 344 purpose. The statement mustshallinclude, but not be limited 345 to, the nonresident dealer’s name, address, applicable passport 346 or visa number, arrival-departure card number, and evidence of 347 authority to do business in the nonresident dealer’s home state 348 or country, such as his or her business name and address, 349 occupational license number, if applicable, or any other 350 suitable requirement. The statement mustshallbe signed by the 351 nonresident dealer and mustshallinclude the following 352 sentence: “Under penalties of perjury, I declare that I have 353 read the foregoing, and the facts alleged are true to the best 354 of my knowledge and belief.” 355 2. The burden of proof of subparagraph 1. rests with the 356 seller, who must retain the proper documentation to support the 357 exempt sale. The exempt transaction is subject to verification 358 by the department. 359 (d)(c)Notwithstandingthe provisions ofparagraph (a), it 360 is not the intention of this chapter to levy a tax on the sale 361 by a printer to a nonresident print purchaser of material 362 printed by that printer for that nonresident print purchaser 363 when the print purchaser does not furnish the printer a resale 364 certificate containing a sales tax registration number but does 365 furnish to the printer a statement declaring that such material 366 will be resold by the nonresident print purchaser. 367 Section 4. Effective July 1, 2021, subsection (2) of 368 section 212.13, Florida Statutes, is amended to read: 369 212.13 Records required to be kept; power to inspect; audit 370 procedure.— 371 (2) Each dealer, as defined in this chapter, shall secure, 372 maintain, and keep as long as required by s. 213.35 a complete 373 record of tangible personal property or services received, used, 374 sold at retail, distributed or stored, leased or rented by said 375 dealer, together with invoices, bills of lading, gross receipts 376 from such sales, and other pertinent records and papers as may 377 be required by the department for the reasonable administration 378 of this chapter.;All such records must be made available to the 379 department at reasonable times and places and by reasonable 380 means, including in an electronic format when so kept by the 381 dealerwhich are located or maintained in this state shall be382open for inspection by the department at all reasonable hours at383such dealer’s store, sales office, general office, warehouse, or384place of business located in this state. Any dealer who385maintains such books and records at a point outside this state386must make such books and records available for inspection by the387department where the general records are kept. Any dealer 388 subject tothe provisions ofthis chapter who violates this 389 subsection commitsthese provisionsis guilty ofa misdemeanor 390 of the first degree, punishable as provided in s. 775.082 or s. 391 775.083. If, however, any subsequent offense involves 392 intentional destruction of such records with an intent to evade 393 payment of or deprive the state of any tax revenues, such 394 subsequent offense isshall bea felony of the third degree, 395 punishable as provided in s. 775.082 or s. 775.083. 396 Section 5. Effective July 1, 2021, subsection (2) of 397 section 212.15, Florida Statutes, is amended to read: 398 212.15 Taxes declared state funds; penalties for failure to 399 remit taxes; due and delinquent dates; judicial review.— 400 (2) Any person who, with intent to unlawfully deprive or 401 defraud the state of its moneys or the use or benefit thereof, 402 fails to remit taxes collected under this chapter commits theft 403 of state funds, punishable as follows: 404 (a) If the total amount of stolen revenue is less than 405 $1,000, the offense is a misdemeanor of the second degree, 406 punishable as provided in s. 775.082 or s. 775.083. Upon a 407 second conviction, the offender commits a misdemeanor of the 408 first degree, punishable as provided in s. 775.082 or s. 409 775.083. Upon a third or subsequent conviction, the offender 410 commits a felony of the third degree, punishable as provided in 411 s. 775.082, s. 775.083, or s. 775.084. 412 (b) If the total amount of stolen revenue is $1,000 or 413 more, but less than $20,000, the offense is a felony of the 414 third degree, punishable as provided in s. 775.082, s. 775.083, 415 or s. 775.084. 416 (c) If the total amount of stolen revenue is $20,000 or 417 more, but less than $100,000, the offense is a felony of the 418 second degree, punishable as provided in s. 775.082, s. 775.083, 419 or s. 775.084. 420 (d) If the total amount of stolen revenue is $100,000 or 421 more, the offense is a felony of the first degree, punishable as 422 provided in s. 775.082, s. 775.083, or s. 775.084. 423 424 The amount of stolen revenue may be aggregated in determining 425 the grade of the offense. 426 Section 6. Subsection (5) of section 213.053, Florida 427 Statutes, is amended to read: 428 213.053 Confidentiality and information sharing.— 429 (5) This section does not prevent the department from doing 430 any of the following: 431 (a) Publishing statistics so classified as to prevent the 432 identification of particular accounts, reports, declarations, or 433 returns;or434 (b) Publishing a list of forwarding agents who have 435 received a Florida Certificate of Forwarding Agent Address, 436 which list shall include the forwarding agent’s entity name, 437 address, and certificate expiration date on the department’s 438 website pursuant to s. 212.06(5)(b)10.; or 439 (c)(b)Using telephones, e-mail, facsimile machines, or 440 other electronic means to do any of the following: 441 1. Distribute information relating to changes in law, tax 442 rates, interest rates, or other information that is not specific 443 to a particular taxpayer; 444 2. Remind taxpayers of due dates; 445 3. Respond to a taxpayer to an electronic mail address that 446 does not support encryption if the use of that address is 447 authorized by the taxpayer; or 448 4. Notify taxpayers to contact the department. 449 Section 7. For the purpose of incorporating the amendment 450 made by this act to section 197.222, Florida Statutes, in a 451 reference thereto, paragraph (a) of subsection (3) of section 452 192.0105, Florida Statutes, is reenacted to read: 453 192.0105 Taxpayer rights.—There is created a Florida 454 Taxpayer’s Bill of Rights for property taxes and assessments to 455 guarantee that the rights, privacy, and property of the 456 taxpayers of this state are adequately safeguarded and protected 457 during tax levy, assessment, collection, and enforcement 458 processes administered under the revenue laws of this state. The 459 Taxpayer’s Bill of Rights compiles, in one document, brief but 460 comprehensive statements that summarize the rights and 461 obligations of the property appraisers, tax collectors, clerks 462 of the court, local governing boards, the Department of Revenue, 463 and taxpayers. Additional rights afforded to payors of taxes and 464 assessments imposed under the revenue laws of this state are 465 provided in s. 213.015. The rights afforded taxpayers to assure 466 that their privacy and property are safeguarded and protected 467 during tax levy, assessment, and collection are available only 468 insofar as they are implemented in other parts of the Florida 469 Statutes or rules of the Department of Revenue. The rights so 470 guaranteed to state taxpayers in the Florida Statutes and the 471 departmental rules include: 472 (3) THE RIGHT TO REDRESS.— 473 (a) The right to discounts for early payment on all taxes 474 and non-ad valorem assessments collected by the tax collector, 475 except for partial payments as defined in s. 197.374, the right 476 to pay installment payments with discounts, and the right to pay 477 delinquent personal property taxes under a payment program when 478 implemented by the county tax collector (see ss. 197.162, 479 197.3632(8) and (10)(b)3., 197.222(1), and 197.4155). 480 Section 8. For the purpose of incorporating the amendment 481 made by this act to section 212.06, Florida Statutes, in a 482 reference thereto, paragraph (c) of subsection (1) of section 483 212.07, Florida Statutes, is reenacted to read: 484 212.07 Sales, storage, use tax; tax added to purchase 485 price; dealer not to absorb; liability of purchasers who cannot 486 prove payment of the tax; penalties; general exemptions.— 487 (1) 488 (c) Unless the purchaser of tangible personal property that 489 is incorporated into tangible personal property manufactured, 490 produced, compounded, processed, or fabricated for one’s own use 491 and subject to the tax imposed under s. 212.06(1)(b) or is 492 purchased for export under s. 212.06(5)(a)1. extends a 493 certificate in compliance with the rules of the department, the 494 dealer shall himself or herself be liable for and pay the tax. 495 Section 9. For the purpose of incorporating the amendment 496 made by this act to section 212.13, Florida Statutes, in a 497 reference thereto, paragraph (f) of subsection (18) of section 498 212.08, Florida Statutes, is reenacted to read: 499 212.08 Sales, rental, use, consumption, distribution, and 500 storage tax; specified exemptions.—The sale at retail, the 501 rental, the use, the consumption, the distribution, and the 502 storage to be used or consumed in this state of the following 503 are hereby specifically exempt from the tax imposed by this 504 chapter. 505 (18) MACHINERY AND EQUIPMENT USED PREDOMINANTLY FOR 506 RESEARCH AND DEVELOPMENT.— 507 (f) Purchasers shall maintain all documentation necessary 508 to prove the exempt status of purchases and fabrication activity 509 and make such documentation available for inspection pursuant to 510 the requirements of s. 212.13(2). 511 Section 10. (1) The Department of Revenue is authorized, 512 and all conditions are deemed met, to adopt emergency rules 513 pursuant to s. 120.54(4), Florida Statutes, for the purpose of 514 implementing the amendment made by this act to s. 212.06, 515 Florida Statutes. 516 (2) Notwithstanding any other law, emergency rules adopted 517 pursuant to subsection (1) are effective for 6 months after 518 adoption and may be renewed during the pendency of procedures to 519 adopt permanent rules addressing the subject of the emergency 520 rules. 521 (3) This section shall take effect upon becoming a law and 522 expires January 1, 2025. 523 Section 11. Except as otherwise expressly provided in this 524 act and except for this section, which shall take effect upon 525 becoming a law, this act shall take effect January 1, 2022.