May 26, 2020
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_h0913c1
CS/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 program must include a minimum of 25 aircraft owned or
41leased by the program manager and used in the program.
42     Section 2.  Paragraph (ggg) is added to subsection (7) of
43section 212.08, Florida Statutes, to read:
44     212.08  Sales, rental, use, consumption, distribution, and
45storage tax; specified exemptions.-The sale at retail, the
46rental, the use, the consumption, the distribution, and the
47storage to be used or consumed in this state of the following
48are hereby specifically exempt from the tax imposed by this
49chapter.
50     (7)  MISCELLANEOUS EXEMPTIONS.-Exemptions provided to any
51entity by this chapter do not inure to any transaction that is
52otherwise taxable under this chapter when payment is made by a
53representative or employee of the entity by any means,
54including, but not limited to, cash, check, or credit card, even
55when that representative or employee is subsequently reimbursed
56by the entity. In addition, exemptions provided to any entity by
57this subsection do not inure to any transaction that is
58otherwise taxable under this chapter unless the entity has
59obtained a sales tax exemption certificate from the department
60or the entity obtains or provides other documentation as
61required by the department. Eligible purchases or leases made
62with such a certificate must be in strict compliance with this
63subsection and departmental rules, and any person who makes an
64exempt purchase with a certificate that is not in strict
65compliance with this subsection and the rules is liable for and
66shall pay the tax. The department may adopt rules to administer
67this subsection.
68     (ggg)  Fractional aircraft ownership programs.-The sale or
69use of aircraft primarily used in a fractional aircraft
70ownership program or of any parts or labor used in the
71completion, maintenance, repair, or overhaul of such aircraft is
72exempt from the tax imposed by this chapter. The exemption is
73not allowed unless the program manager of the fractional
74aircraft ownership program furnishes the dealer with a
75certificate stating that the lease, purchase, repair, or
76maintenance is for aircraft primarily used in a fractional
77aircraft ownership program and that the program manager
78qualifies for the exemption. If a program manager makes tax-
79exempt purchases on a continual basis, the program manager may
80allow the dealer to keep the certificate on file. The program
81manager must inform a dealer that keeps the certificate on file
82if the program manager no longer qualifies for the exemption.
83The department may adopt rules to administer this paragraph,
84including rules determining the format of the certificate.
85     Section 3.  Section 212.0597, Florida Statutes, is created
86to read:
87     212.0597  Maximum tax on fractional aircraft ownership
88interests.-The maximum tax imposed under this chapter, including
89any discretionary sales surtax under s. 212.055, is limited to
90$300 on the sale or use in this state of a fractional ownership
91interest in aircraft pursuant to a fractional aircraft ownership
92program. The tax applies to the total consideration paid for the
93fractional ownership interest, including any amounts paid by the
94fractional owner as monthly management or maintenance fees. The
95tax applies only if the fractional ownership interest is sold by
96the program manager of the fractional aircraft ownership
97program, or if the fractional ownership interest is transferred
98upon the approval of the program manager of the fractional
99aircraft ownership program.
100     Section 4.  This act shall take effect July 1, 2010.


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