Florida Senate - 2009 CS for SB 2376 By the Committee on Commerce; and Senator Altman 577-04412-09 20092376c1 1 A bill to be entitled 2 An act relating to the tax on sales, use, and other 3 transactions; providing a short title; amending s. 4 212.05, F.S.; imposing a maximum tax limitation on 5 sales of aircraft and boats in this state; providing 6 an effective date. 7 8 WHEREAS, Florida’s maritime and boating industry, including 9 the sale and servicing of large boats, has historically been a 10 significant component of Florida’s economy, with over 220,000 11 people employed in this and related industries, and 12 WHEREAS, Florida has become increasingly important in the 13 field of aircraft manufacturing, sales, maintenance, repair, and 14 overhaul, with approximately 80,000 people employed in the 15 aviation and aerospace industries at an average annual wage of 16 over $50,000, and 17 WHEREAS, the aviation and boating industries not only 18 create significant numbers of jobs in Florida, but also attract 19 large amounts of capital , cause significant tax revenue to be 20 collected and create extensive indirect jobs and other benefits, 21 and 22 WHEREAS, the voters in Florida made clear in the most 23 recent election that, by amending Florida’s constitution, they 24 value highly Florida’s working waterfronts, and want to see 25 those waterfronts taking advantage of Florida’s natural 26 amenities and adding further to employment and capital 27 investment in Florida, and 28 WHEREAS, current tax policy discourages the purchase, use, 29 and maintenance of boats and aircraft in Florida, and actually 30 requires certain purchasers to leave the state to avoid 31 unnecessary taxation, with a resulting loss of jobs, capital 32 investment and sales and use tax revenue, and 33 WHEREAS, current law and policy results in little or no 34 sales tax revenue collection on the purchase and sale of large 35 boats and aircraft because of far more advantageous law and 36 policy in other jurisdictions, including offshore, and 37 WHEREAS, changing tax policy to encourage the sale, use, 38 maintenance, repair, and overhaul of boats and aircraft in 39 Florida would energize its economy, create jobs, attract 40 capital, and generate additional sales and use tax revenue, and, 41 indirectly, assist law enforcement and the Department of 42 Homeland Security by decreasing the number of offshore 43 registered boats in Florida’s and America’s waters, NOW, 44 THEREFORE, 45 46 Be It Enacted by the Legislature of the State of Florida: 47 48 Section 1. This act may be cited as the “Aviation and 49 Maritime Full Employment Act.” 50 Section 2. Subsection (5) is added to section 212.05, 51 Florida Statutes, to read: 52 212.05 Sales, storage, use tax.—It is hereby declared to be 53 the legislative intent that every person is exercising a taxable 54 privilege who engages in the business of selling tangible 55 personal property at retail in this state, including the 56 business of making mail order sales, or who rents or furnishes 57 any of the things or services taxable under this chapter, or who 58 stores for use or consumption in this state any item or article 59 of tangible personal property as defined herein and who leases 60 or rents such property within the state. 61 (5) Notwithstanding any other provision of this chapter, 62 the maximum amount of tax imposed under this chapter and 63 collected on each sale or use of an aircraft of boat in this 64 state may not exceed $25,000. 65 Section 3. This act shall take effect July 1, 2009.