Amendment
Bill No. CS/HB 51
Amendment No. 253753
CHAMBER ACTION
Senate House
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1Representative 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,
6Florida Statutes, to read:
7     212.02  Definitions.--The following terms and phrases when
8used in this chapter have the meanings ascribed to them in this
9section, except where the context clearly indicates a different
10meaning:
11     (34)  "Fractional aircraft ownership program" means a
12program that meets the requirements of 14 C.F.R. part 91,
13subpart K, relating to fractional ownership operations, except
14the program must include a minimum of 25 aircraft owned or
15leased by the business or affiliated group, as defined by s.
161504(a) of the Internal Revenue Code, providing the program.
17Such aircraft must be used in the fractional aircraft ownership
18program providing the program.
19     Section 3.  Section 212.0597, Florida Statutes, is created
20to read:
21     212.0597  Maximum tax on fractional aircraft ownership
22interests.--The tax imposed under this chapter, including any
23discretionary sales surtax under s. 212.055, is limited to $300
24on the sale or use in this state of a fractional ownership
25interest in aircraft pursuant to a fractional aircraft ownership
26program. This maximum tax applies to the total consideration
27paid for the fractional ownership interest, including any
28amounts paid by the fractional owner as monthly management or
29maintenance fees. The maximum tax applies only if the fractional
30ownership interest is sold by or to the operator of the
31fractional aircraft ownership program or if the fractional
32ownership interest is transferred upon the approval of the
33operator of the fractional aircraft ownership program.
34     Section 4.  Paragraphs (ggg) and (hhh) are added to
35subsection (7) of section 212.08, Florida Statutes, to read:
36     212.08  Sales, rental, use, consumption, distribution, and
37storage tax; specified exemptions.--The sale at retail, the
38rental, the use, the consumption, the distribution, and the
39storage to be used or consumed in this state of the following
40are hereby specifically exempt from the tax imposed by this
41chapter.
42     (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
43entity by this chapter do not inure to any transaction that is
44otherwise taxable under this chapter when payment is made by a
45representative or employee of the entity by any means,
46including, but not limited to, cash, check, or credit card, even
47when that representative or employee is subsequently reimbursed
48by the entity. In addition, exemptions provided to any entity by
49this subsection do not inure to any transaction that is
50otherwise taxable under this chapter unless the entity has
51obtained a sales tax exemption certificate from the department
52or the entity obtains or provides other documentation as
53required by the department. Eligible purchases or leases made
54with such a certificate must be in strict compliance with this
55subsection and departmental rules, and any person who makes an
56exempt purchase with a certificate that is not in strict
57compliance with this subsection and the rules is liable for and
58shall pay the tax. The department may adopt rules to administer
59this subsection.
60     (ggg)  Aircraft temporarily in the state.--
61     1.  An aircraft owned by a person who is not a resident of
62this state is exempt from the use tax imposed under this chapter
63if the aircraft enters and remains in this state for less than a
64total of 21 days during the 6-month period after the date of
65purchase. The temporary use of the aircraft and subsequent
66removal from this state may be proven by invoices for fuel or
67tie-down or hangar charges issued by out-of-state vendors or
68suppliers or similar documentation that clearly and specifically
69identifies the aircraft. The exemption provided by this
70subparagraph shall be in addition to the provisions of
71subparagraph 2. and s. 212.05(1)(a).
72     2.  An aircraft owned by a person who is not a resident of
73this state is exempt from the use tax imposed under this chapter
74if the aircraft enters or remains in this state exclusively for
75purposes of flight training, repairs, alterations, refitting, or
76modification. Such flight training, repairs, alterations,
77refitting, or modification shall be supported by written
78documentation issued by in-state vendors or suppliers which
79clearly and specifically identifies the aircraft. The exemption
80provided by this subparagraph shall be in addition to the
81provisions of subparagraph 1. and s. 212.05(1)(a).
82     (hhh)  Fractional aircraft ownership programs.--Also exempt
83from the tax imposed by this chapter is the sale or use of
84aircraft primarily used in a fractional aircraft ownership
85program and any parts or labor used in the completion,
86maintenance, repair, or overhaul of such aircraft. The exemption
87is not allowed unless the purchaser or lessee furnishes the
88dealer with a certificate stating that the lease, purchase,
89repair, or maintenance to be exempted is for aircraft primarily
90used in a fractional aircraft ownership program and that the
91purchaser or lessee qualifies for the exemption. If a purchaser
92or lessee makes tax-exempt purchases on a continual basis, the
93purchaser or lessee may allow the dealer to keep the certificate
94on file. The purchaser or lessee must inform the dealer that has
95the certificate on file if the purchaser or lessee no longer
96qualifies for the exemption. The department shall determine the
97format of the certificate.
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T I T L E  A M E N D M E N T
107     Remove line(s) 5-8 and insert:
108amending s. 212.02, F.S.; defining the term "fractional aircraft
109ownership program"; creating s. 212.0597, F.S.; providing a
110maximum tax on the sale or use of fractional aircraft ownership
111interests; providing applicability; amending s. 212.08, F.S.;
112exempting from the use tax aircraft owned by nonresidents and
113entering and remaining in the state for certain purposes under
114certain circumstances; providing tax exemptions on the sale or
115use of aircraft primarily used in a fractional aircraft
116ownership program and any parts and labor used in the
117completion, maintenance, repair, and overhaul of such aircraft;
118providing an effective date.
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CODING: Words stricken are deletions; words underlined are additions.