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.