January 26, 2020
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       Florida Senate - 2010                              CS for SB 858
       By the Committee on Commerce; and Senator Altman
       577-04362-10                                           2010858c1
    1                        A bill to be entitled                      
    2         An act relating to the tax on sales, use, and other
    3         transactions; amending s. 212.02, F.S.; defining the
    4         term “fractional aircraft ownership program”; amending
    5         s. 212.08, F.S.; providing tax exemptions on the sale
    6         or use of aircraft primarily used in a fractional
    7         aircraft ownership program and for the parts and labor
    8         used in the maintenance, repair, and overhaul of such
    9         aircraft; creating s. 212.0597, F.S.; providing a
   10         maximum tax on the sale or use of fractional aircraft
   11         ownership interests; providing an effective date.
   13         WHEREAS, Florida has identified aviation and aerospace as
   14  industries suitable for economic development, and
   15         WHEREAS, Florida has determined that the synergy in the
   16  space, aerospace, and aviation industries attracts the world’s
   17  leading businesses to the state, and
   18         WHEREAS, Florida employs approximately 80,000 people in the
   19  aviation and aerospace industries at an average annual wage of
   20  $52,000, and
   21         WHEREAS, Florida has the third-largest aviation
   22  maintenance, repair, and overhaul cluster in the United States
   23  and has strategies directed toward expanding these aviation
   24  support services, and
   25         WHEREAS, Florida intends to remain competitive with other
   26  states as additional innovative commercial air transportation
   27  products are developed, NOW, THEREFORE,
   29  Be It Enacted by the Legislature of the State of Florida:
   31         Section 1. Subsection (34) is added to section 212.02,
   32  Florida Statutes, to read:
   33         212.02 Definitions.—The following terms and phrases when
   34  used in this chapter have the meanings ascribed to them in this
   35  section, except where the context clearly indicates a different
   36  meaning:
   37         (34)“Fractional aircraft ownership program” means a
   38  program that meets the requirements of 14 C.F.R part 91, subpart
   39  K, relating to fractional ownership operations, except that the
   40  program must include a minimum of 25 aircraft owned or leased by
   41  the program manager and used in the program.
   42         Section 2. Paragraph (ggg) is added to subsection (7) of
   43  section 212.08, Florida Statutes, to read:
   44         212.08 Sales, rental, use, consumption, distribution, and
   45  storage tax; specified exemptions.—The sale at retail, the
   46  rental, the use, the consumption, the distribution, and the
   47  storage to be used or consumed in this state of the following
   48  are hereby specifically exempt from the tax imposed by this
   49  chapter.
   50         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
   51  entity by this chapter do not inure to any transaction that is
   52  otherwise taxable under this chapter when payment is made by a
   53  representative or employee of the entity by any means,
   54  including, but not limited to, cash, check, or credit card, even
   55  when that representative or employee is subsequently reimbursed
   56  by the entity. In addition, exemptions provided to any entity by
   57  this subsection do not inure to any transaction that is
   58  otherwise taxable under this chapter unless the entity has
   59  obtained a sales tax exemption certificate from the department
   60  or the entity obtains or provides other documentation as
   61  required by the department. Eligible purchases or leases made
   62  with such a certificate must be in strict compliance with this
   63  subsection and departmental rules, and any person who makes an
   64  exempt purchase with a certificate that is not in strict
   65  compliance with this subsection and the rules is liable for and
   66  shall pay the tax. The department may adopt rules to administer
   67  this subsection.
   68         (ggg)Fractional aircraft ownership programs.—The sale or
   69  use of aircraft primarily used in a fractional aircraft
   70  ownership program, and any parts or labor used in the
   71  completion, maintenance, repair, or overhaul of such aircraft.
   72  The exemption is not allowed unless the program manager of the
   73  fractional aircraft ownership program furnishes the dealer with
   74  a certificate stating that the lease, purchase, repair, or
   75  maintenance is for aircraft primarily used in a fractional
   76  aircraft ownership program and that the program manager
   77  qualifies for the exemption. If a program manager makes tax
   78  exempt purchases on a continual basis, the program manager may
   79  allow the dealer to keep the certificate on file. The program
   80  manager must inform a dealer that keeps the certificate on file
   81  if the program manager no longer qualifies for the exemption.
   82  The department may adopt rules to administer this paragraph,
   83  including rules determining the format of the certificate.
   84         Section 3. Section 212.0597, Florida Statutes, is created
   85  to read:
   86         212.0597Maximum tax on fractional aircraft ownership
   87  interests.—The maximum tax imposed under this chapter, including
   88  any discretionary sales surtax under s. 212.055, is limited to
   89  $300 on the sale or use in this state of a fractional ownership
   90  interest in aircraft pursuant to a fractional aircraft ownership
   91  program. The tax applies to the total consideration paid for the
   92  fractional ownership interest, including any amounts paid by the
   93  fractional owner as monthly management or maintenance fees. The
   94  tax applies only if the fractional ownership interest is sold by
   95  or to the program manager of the fractional aircraft ownership
   96  program, or if the fractional ownership interest is transferred
   97  upon the approval of the program manager of the fractional
   98  aircraft ownership program.
   99         Section 4. This act shall take effect July 1, 2010.

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