| 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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