| 1 | Representative Hooper offered the following: | 
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| 3 | Amendment (with title amendment) | 
| 4 | Remove line(s) 185-232 and insert: | 
| 5 | Section 2.  Subsection (34) is added to section 212.02, | 
| 6 | Florida Statutes, to read: | 
| 7 | 212.02  Definitions.--The following terms and phrases when | 
| 8 | used in this chapter have the meanings ascribed to them in this | 
| 9 | section, except where the context clearly indicates a different | 
| 10 | meaning: | 
| 11 | (34)  "Fractional aircraft ownership program" means a | 
| 12 | program that meets the requirements of 14 C.F.R. part 91, | 
| 13 | subpart K, relating to fractional ownership operations, except | 
| 14 | the program must include a minimum of 25 aircraft owned or | 
| 15 | leased by the business or affiliated group, as defined by s. | 
| 16 | 1504(a) of the Internal Revenue Code, providing the program. | 
| 17 | Such aircraft must be used in the fractional aircraft ownership | 
| 18 | program providing the program. | 
| 19 | Section 3.  Section 212.0597, Florida Statutes, is created | 
| 20 | to read: | 
| 21 | 212.0597  Maximum tax on fractional aircraft ownership | 
| 22 | interests.--The tax imposed under this chapter, including any | 
| 23 | discretionary sales surtax under s. 212.055, is limited to $300 | 
| 24 | on the sale or use in this state of a fractional ownership | 
| 25 | interest in aircraft pursuant to a fractional aircraft ownership | 
| 26 | program. This maximum tax applies to the total consideration | 
| 27 | paid for the fractional ownership interest, including any | 
| 28 | amounts paid by the fractional owner as monthly management or | 
| 29 | maintenance fees. The maximum tax applies only if the fractional | 
| 30 | ownership interest is sold by or to the operator of the | 
| 31 | fractional aircraft ownership program or if the fractional | 
| 32 | ownership interest is transferred upon the approval of the | 
| 33 | operator of the fractional aircraft ownership program. | 
| 34 | Section 4.  Paragraphs (ggg) and (hhh) are added to | 
| 35 | subsection (7) of section 212.08, Florida Statutes, to read: | 
| 36 | 212.08  Sales, rental, use, consumption, distribution, and | 
| 37 | storage tax; specified exemptions.--The sale at retail, the | 
| 38 | rental, the use, the consumption, the distribution, and the | 
| 39 | storage to be used or consumed in this state of the following | 
| 40 | are hereby specifically exempt from the tax imposed by this | 
| 41 | chapter. | 
| 42 | (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any | 
| 43 | entity by this chapter do not inure to any transaction that is | 
| 44 | otherwise taxable under this chapter when payment is made by a | 
| 45 | representative or employee of the entity by any means, | 
| 46 | including, but not limited to, cash, check, or credit card, even | 
| 47 | when that representative or employee is subsequently reimbursed | 
| 48 | by the entity. In addition, exemptions provided to any entity by | 
| 49 | this subsection do not inure to any transaction that is | 
| 50 | otherwise taxable under this chapter unless the entity has | 
| 51 | obtained a sales tax exemption certificate from the department | 
| 52 | or the entity obtains or provides other documentation as | 
| 53 | required by the department. Eligible purchases or leases made | 
| 54 | with such a certificate must be in strict compliance with this | 
| 55 | subsection and departmental rules, and any person who makes an | 
| 56 | exempt purchase with a certificate that is not in strict | 
| 57 | compliance with this subsection and the rules is liable for and | 
| 58 | shall pay the tax. The department may adopt rules to administer | 
| 59 | this subsection. | 
| 60 | (ggg)  Aircraft temporarily in the state.-- | 
| 61 | 1.  An aircraft owned by a person who is not a resident of | 
| 62 | this state is exempt from the use tax imposed under this chapter | 
| 63 | if the aircraft enters and remains in this state for less than a | 
| 64 | total of 21 days during the 6-month period after the date of | 
| 65 | purchase. The temporary use of the aircraft and subsequent | 
| 66 | removal from this state may be proven by invoices for fuel or | 
| 67 | tie-down or hangar charges issued by out-of-state vendors or | 
| 68 | suppliers or similar documentation that clearly and specifically | 
| 69 | identifies the aircraft. The exemption provided by this | 
| 70 | subparagraph shall be in addition to the provisions of | 
| 71 | subparagraph 2. and s. 212.05(1)(a). | 
| 72 | 2.  An aircraft owned by a person who is not a resident of | 
| 73 | this state is exempt from the use tax imposed under this chapter | 
| 74 | if the aircraft enters or remains in this state exclusively for | 
| 75 | purposes of flight training, repairs, alterations, refitting, or | 
| 76 | modification. Such flight training, repairs, alterations, | 
| 77 | refitting, or modification shall be supported by written | 
| 78 | documentation issued by in-state vendors or suppliers which | 
| 79 | clearly and specifically identifies the aircraft. The exemption | 
| 80 | provided by this subparagraph shall be in addition to the | 
| 81 | provisions of subparagraph 1. and s. 212.05(1)(a). | 
| 82 | (hhh)  Fractional aircraft ownership programs.--Also exempt | 
| 83 | from the tax imposed by this chapter is the sale or use of | 
| 84 | aircraft primarily used in a fractional aircraft ownership | 
| 85 | program and any parts or labor used in the completion, | 
| 86 | maintenance, repair, or overhaul of such aircraft. The exemption | 
| 87 | is not allowed unless the purchaser or lessee furnishes the | 
| 88 | dealer with a certificate stating that the lease, purchase, | 
| 89 | repair, or maintenance to be exempted is for aircraft primarily | 
| 90 | used in a fractional aircraft ownership program and that the | 
| 91 | purchaser or lessee qualifies for the exemption. If a purchaser | 
| 92 | or lessee makes tax-exempt purchases on a continual basis, the | 
| 93 | purchaser or lessee may allow the dealer to keep the certificate | 
| 94 | on file. The purchaser or lessee must inform the dealer that has | 
| 95 | the certificate on file if the purchaser or lessee no longer | 
| 96 | qualifies for the exemption. The department shall determine the | 
| 97 | format of the certificate. | 
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| 105 | ----------------------------------------------------- | 
| 106 | T I T L E  A M E N D M E N T | 
| 107 | Remove line(s) 5-8 and insert: | 
| 108 | amending s. 212.02, F.S.; defining the term "fractional aircraft | 
| 109 | ownership program"; creating s. 212.0597, F.S.; providing a | 
| 110 | maximum tax on the sale or use of fractional aircraft ownership | 
| 111 | interests; providing applicability; amending s. 212.08, F.S.; | 
| 112 | exempting from the use tax aircraft owned by nonresidents and | 
| 113 | entering and remaining in the state for certain purposes under | 
| 114 | certain circumstances; providing tax exemptions on the sale or | 
| 115 | use of aircraft primarily used in a fractional aircraft | 
| 116 | ownership program and any parts and labor used in the | 
| 117 | completion, maintenance, repair, and overhaul of such aircraft; | 
| 118 | providing an effective date. | 
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