HB 1079CS

CHAMBER ACTION




1The Commerce Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to an exemption from the tax on sales,
7use, and other transactions; amending s. 212.02, F.S.;
8defining the term "qualified aircraft"; amending s.
9212.08, F.S.; including qualified aircraft under certain
10miscellaneous exemption provisions relating to aircraft;
11exempting certain advertising materials distributed free
12of charge by mail in an envelope; creating s. 212.0801,
13F.S.;  providing criteria, requirements, and limitations
14on exemptions for purchases or leases of qualified
15aircraft; providing an effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Subsection (33) is added to section 212.02,
20Florida Statutes, to read:
21     212.02  Definitions.--The following terms and phrases when
22used in this chapter have the meanings ascribed to them in this
23section, except where the context clearly indicates a different
24meaning:
25     (33)  "Qualified aircraft" means any aircraft having a maximum
26certified takeoff weight of less than 10,000 pounds and equipped
27with twin turbofan engines that meet Stage IV noise requirements
28that is used by a business operating as an on-demand air carrier
29under Federal Aviation Administration Regulation Title 14, chapter
30I, part 135, Code of Federal Regulations, that owns and operates a
31fleet of at least 25 of such aircraft in this state.
32     Section 2.  Paragraphs (ee), (rr), and (ss) of subsection
33(7) of section 212.08, Florida Statutes, are amended, and
34paragraph (ccc) is added to that subsection, to read:
35     212.08  Sales, rental, use, consumption, distribution, and
36storage tax; specified exemptions.--The sale at retail, the
37rental, the use, the consumption, the distribution, and the
38storage to be used or consumed in this state of the following
39are hereby specifically exempt from the tax imposed by this
40chapter.
41     (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
42entity by this chapter do not inure to any transaction that is
43otherwise taxable under this chapter when payment is made by a
44representative or employee of the entity by any means,
45including, but not limited to, cash, check, or credit card, even
46when that representative or employee is subsequently reimbursed
47by the entity. In addition, exemptions provided to any entity by
48this subsection do not inure to any transaction that is
49otherwise taxable under this chapter unless the entity has
50obtained a sales tax exemption certificate from the department
51or the entity obtains or provides other documentation as
52required by the department. Eligible purchases or leases made
53with such a certificate must be in strict compliance with this
54subsection and departmental rules, and any person who makes an
55exempt purchase with a certificate that is not in strict
56compliance with this subsection and the rules is liable for and
57shall pay the tax. The department may adopt rules to administer
58this subsection.
59     (ee)  Aircraft repair and maintenance labor charges.--There
60shall be exempt from the tax imposed by this chapter all labor
61charges for the repair and maintenance of qualified aircraft,
62aircraft of more than 15,000 pounds maximum certified takeoff
63weight, and rotary wing aircraft of more than 10,000 pounds
64maximum certified takeoff weight. Except as otherwise provided
65in this chapter, charges for parts and equipment furnished in
66connection with such labor charges are taxable.
67     (rr)  Equipment used in aircraft repair and
68maintenance.--There shall be exempt from the tax imposed by this
69chapter replacement engines, parts, and equipment used in the
70repair or maintenance of qualified aircraft, aircraft of more
71than 15,000 pounds maximum certified takeoff weight, and rotary
72wing aircraft of more than 10,300 pounds maximum certified
73takeoff weight, when such parts or equipment are installed on
74such aircraft that is being repaired or maintained in this
75state.
76     (ss)  Aircraft sales or leases.--The sale or lease of a
77qualified aircraft or an aircraft of more than 15,000 pounds
78maximum certified takeoff weight for use by a common carrier is
79exempt from the tax imposed by this chapter. As used in this
80paragraph, "common carrier" means an airline operating under
81Federal Aviation Administration regulations contained in Title
8214, chapter I, part 121 or part 129 of the Code of Federal
83Regulations.
84     (ccc)  Advertising materials distributed free of charge by
85mail in an envelope.--Likewise exempt are materials consisting
86exclusively of advertisements, such as individual coupons or
87other individual cards, sheets, or pages of printed advertising,
88that are distributed free of charge by mail in an envelope for
8910 or more persons on a monthly, bimonthly, or other regular
90basis.
91     Section 3.  Section 212.0801, Florida Statutes, is created
92to read:
93     212.0801  Qualified aircraft exemption.--To be eligible to
94receive an exemption under s. 212.08(7) for a qualified aircraft, a
95purchaser or lessee must enter into a flight training and research
96partnership with a technological university based in this state
97that offers a doctoral program in aeronautical engineering and that
98offers flight training through a school of aeronautics. No
99exemption provided in this chapter for the lease, purchase, repair,
100or maintenance of a qualified aircraft shall be allowed unless the
101purchaser or lessee furnishes the dealer with a certificate stating
102that the lease, purchase, repair, or maintenance to be exempted is
103for the exclusive use of the purchaser or lessee of a qualified
104aircraft. If a purchaser or lessee makes tax-exempt purchases of
105qualified aircraft or leases a qualified aircraft on a continual
106basis, the purchaser or lessee may tender the certificate once
107and allow the dealer to keep a certificate on file. The purchaser
108or lessee shall inform the dealer that has a certificate on file
109when the purchaser or lessee no longer qualifies for the
110exemption. The department shall determine the format of the
111certificate.
112     Section 4.  This act shall take effect July 1, 2006.


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