May 26, 2020
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_h0913__
HB 913

1
A bill to be entitled
2An act relating to the tax on sales, use, and other
3transactions; amending s. 212.02, F.S.; defining the term
4"fractional aircraft ownership program"; amending s.
5212.08, F.S.; providing tax exemptions on the sale or use
6of aircraft primarily used in a fractional aircraft
7ownership program and for the parts and labor used in the
8maintenance, repair, and overhaul of such aircraft;
9creating s. 212.0597, F.S.; providing a maximum tax on the
10sale or use of fractional aircraft ownership interests;
11providing an effective date.
12
13     WHEREAS, Florida has identified aviation and aerospace as
14industries suitable for economic development, and
15     WHEREAS, Florida has determined that the synergy in the
16space, aerospace, and aviation industries attracts the world's
17leading businesses to the state, and
18     WHEREAS, Florida employs approximately 80,000 people in the
19aviation and aerospace industries at an average annual wage of
20$52,000, and
21     WHEREAS, Florida has the third-largest aviation
22maintenance, repair, and overhaul cluster in the United States
23and has strategies directed toward expanding these aviation
24support services, and
25     WHEREAS, Florida intends to remain competitive with other
26states as additional innovative commercial air transportation
27products are developed, NOW, THEREFORE,
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Subsection (34) is added to section 212.02,
32Florida Statutes, to read:
33     212.02  Definitions.-The following terms and phrases when
34used in this chapter have the meanings ascribed to them in this
35section, except where the context clearly indicates a different
36meaning:
37     (34)  "Fractional aircraft ownership program" means a
38program that meets the requirements of 14 C.F.R. part 91,
39subpart K, relating to fractional ownership operations, except
40that the business or affiliated group, as defined by s. 1504(a)
41of the Internal Revenue Code, must own or lease a minimum of 25
42aircraft. Such aircraft must be used in the fractional aircraft
43ownership program providing the program.
44     Section 2.  Paragraph (ggg) is added to subsection (7) of
45section 212.08, Florida Statutes, to read:
46     212.08  Sales, rental, use, consumption, distribution, and
47storage tax; specified exemptions.-The sale at retail, the
48rental, the use, the consumption, the distribution, and the
49storage to be used or consumed in this state of the following
50are hereby specifically exempt from the tax imposed by this
51chapter.
52     (7)  MISCELLANEOUS EXEMPTIONS.-Exemptions provided to any
53entity by this chapter do not inure to any transaction that is
54otherwise taxable under this chapter when payment is made by a
55representative or employee of the entity by any means,
56including, but not limited to, cash, check, or credit card, even
57when that representative or employee is subsequently reimbursed
58by the entity. In addition, exemptions provided to any entity by
59this subsection do not inure to any transaction that is
60otherwise taxable under this chapter unless the entity has
61obtained a sales tax exemption certificate from the department
62or the entity obtains or provides other documentation as
63required by the department. Eligible purchases or leases made
64with such a certificate must be in strict compliance with this
65subsection and departmental rules, and any person who makes an
66exempt purchase with a certificate that is not in strict
67compliance with this subsection and the rules is liable for and
68shall pay the tax. The department may adopt rules to administer
69this subsection.
70     (ggg)  Fractional aircraft ownership programs.-The sale or
71use of aircraft primarily used in a fractional aircraft
72ownership program or of any parts or labor used in the
73completion, maintenance, repair, or overhaul of such aircraft is
74exempt from the tax imposed by this chapter. The exemption is
75not allowed unless the purchaser or lessee furnishes the dealer
76with a certificate stating that the lease, purchase, repair, or
77maintenance is for aircraft primarily used in a fractional
78aircraft ownership program and that the purchaser or lessee
79qualifies for the exemption. If a purchaser or lessee makes tax-
80exempt purchases on a continual basis, the purchaser or lessee
81may allow the dealer to keep the certificate on file. The
82purchaser or lessee must inform a dealer that keeps the
83certificate on file if the purchaser or lessee no longer
84qualifies for the exemption. The department shall adopt rules to
85administer this paragraph, including rules determining the
86format of the certificate.
87     Section 3.  Section 212.0597, Florida Statutes, is created
88to read:
89     212.0597  Maximum tax on fractional aircraft ownership
90interests.-The maximum tax imposed under this chapter, including
91any discretionary sales surtax under s. 212.055, is limited to
92$300 on the sale or use in this state of a fractional ownership
93interest in aircraft pursuant to a fractional aircraft ownership
94program. The tax applies to the total consideration paid for the
95fractional ownership interest, including any amounts paid by the
96fractional owner as monthly management or maintenance fees. The
97tax applies only if the fractional ownership interest is sold by
98or to the operator of the fractional aircraft ownership program,
99or if the fractional ownership interest is transferred upon the
100approval of the operator of the fractional aircraft ownership
101program.
102     Section 4.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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