Florida Senate - 2008 CS for SB 2856
By the Committee on Commerce; and Senator Wise
577-07680-08 20082856c1
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A bill to be entitled
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An act relating to aircraft that temporarily enter the
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state; amending s. 212.08, F.S.; describing items and
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documents that a nonresident aircraft owner may use to
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prove that an aircraft has been in the state only
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temporarily; providing that the tax exemption is in
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addition to other provisions authorized by law; providing
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an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (ggg) is added to subsection (7) of
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section 212.08, Florida Statutes, to read:
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212.08 Sales, rental, use, consumption, distribution, and
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storage tax; specified exemptions.--The sale at retail, the
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rental, the use, the consumption, the distribution, and the
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storage to be used or consumed in this state of the following are
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hereby specifically exempt from the tax imposed by this chapter.
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(7) MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
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entity by this chapter do not inure to any transaction that is
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otherwise taxable under this chapter when payment is made by a
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representative or employee of the entity by any means, including,
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but not limited to, cash, check, or credit card, even when that
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representative or employee is subsequently reimbursed by the
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entity. In addition, exemptions provided to any entity by this
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subsection do not inure to any transaction that is otherwise
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taxable under this chapter unless the entity has obtained a sales
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tax exemption certificate from the department or the entity
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obtains or provides other documentation as required by the
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department. Eligible purchases or leases made with such a
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certificate must be in strict compliance with this subsection and
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departmental rules, and any person who makes an exempt purchase
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with a certificate that is not in strict compliance with this
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subsection and the rules is liable for and shall pay the tax. The
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department may adopt rules to administer this subsection.
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(ggg) Aircraft temporarily in state.--An aircraft owned by
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a nonresident is exempt from the use tax under this chapter if
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the aircraft enters and is used in this state for less than a
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total of 21 days during the 6-month period after the date of
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purchase. The temporary use of the aircraft and subsequent
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removal from the state may be proven by invoices for fuel, tie-
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downs, or hangar charges issued by out-of-state vendors or
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suppliers or similar documentation that clearly and specifically
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identifies the aircraft. The exemption created by this paragraph
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is allowed in addition to the provisions contained in s
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212.05(1)(a).
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Section 2. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.