Florida Senate - 2016                              CS for SB 844
       
       
        
       By the Committee on Finance and Tax; and Senator Flores
       
       593-03181-16                                           2016844c1
    1                        A bill to be entitled                      
    2         An act relating to aviation fuel taxes; amending s.
    3         206.9825, F.S.; revising eligibility criteria for
    4         wholesalers and terminal suppliers to receive refunds
    5         or credits of previously paid excise taxes; providing
    6         for future repeal; revising the rate of the excise tax
    7         on certain aviation fuels; providing effective dates.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (b) of subsection (1) of section
   12  206.9825, Florida Statutes, is amended to read:
   13         206.9825 Aviation fuel tax.—
   14         (1)
   15         (b) Any licensed wholesaler or terminal supplier that
   16  delivers aviation fuel to an air carrier offering
   17  transcontinental jet service and that, after January 1, 1996,
   18  but before July 1, 2016, increases the air carrier’s Florida
   19  workforce by more than 1000 percent and by 250 or more full-time
   20  equivalent employee positions, may receive a credit or refund as
   21  the ultimate vendor of the aviation fuel for the 6.9 cents
   22  excise tax previously paid, provided that the air carrier has no
   23  facility for fueling highway vehicles from the tank in which the
   24  aviation fuel is stored. In calculating the new or additional
   25  Florida full-time equivalent employee positions, any full-time
   26  equivalent employee positions of parent or subsidiary
   27  corporations which existed before January 1, 1996, shall not be
   28  counted toward reaching the Florida employment increase
   29  thresholds. The refund allowed under this paragraph is in
   30  furtherance of the goals and policies of the State Comprehensive
   31  Plan set forth in s. 187.201(16)(a), (b)1., 2., (17)(a), (b)1.,
   32  4., (19)(a), (b)5., (21)(a), (b)1., 2., 4., 7., 9., and 12.
   33         Section 2. Effective July 1, 2019, section 206.9825,
   34  Florida Statutes, as amended by this act, is amended to read:
   35         206.9825 Aviation fuel tax.—
   36  (1)(a) Except as otherwise provided in this part, an excise tax
   37  of 4.27 6.9 cents per gallon of aviation fuel is imposed upon
   38  every gallon of aviation fuel sold in this state, or brought
   39  into this state for use, upon which such tax has not been paid
   40  or the payment thereof has not been lawfully assumed by some
   41  person handling the same in this state. Fuel taxed pursuant to
   42  this part is shall not be subject to the taxes imposed by ss.
   43  206.41(1)(d), (e), and (f) and 206.87(1)(b), (c), and (d).
   44         (b) Any licensed wholesaler or terminal supplier that
   45  delivers aviation fuel to an air carrier offering
   46  transcontinental jet service and that, after January 1, 1996,
   47  but before July 1, 2016, increases the air carrier’s Florida
   48  workforce by more than 1000 percent and by 250 or more full-time
   49  equivalent employee positions, may receive a credit or refund as
   50  the ultimate vendor of the aviation fuel for the 6.9 cents
   51  excise tax previously paid, provided that the air carrier has no
   52  facility for fueling highway vehicles from the tank in which the
   53  aviation fuel is stored. In calculating the new or additional
   54  Florida full-time equivalent employee positions, any full-time
   55  equivalent employee positions of parent or subsidiary
   56  corporations which existed before January 1, 1996, shall not be
   57  counted toward reaching the Florida employment increase
   58  thresholds. The refund allowed under this paragraph is in
   59  furtherance of the goals and policies of the State Comprehensive
   60  Plan set forth in s. 187.201(16)(a), (b)1., 2., (17)(a), (b)1.,
   61  4., (19)(a), (b)5., (21)(a), (b)1., 2., 4., 7., 9., and 12.
   62         (c) If, before July 1, 2001, the number of full-time
   63  equivalent employee positions created or added to the air
   64  carrier’s Florida workforce falls below 250, the exemption
   65  granted pursuant to this section shall not apply during the
   66  period in which the air carrier has fewer than the 250
   67  additional employees.
   68         (d) The exemption taken by credit or refund pursuant to
   69  paragraph (b) shall apply only under the terms and conditions
   70  set forth therein. If any part of that paragraph is judicially
   71  declared to be unconstitutional or invalid, the validity of any
   72  provisions taxing aviation fuel shall not be affected and all
   73  fuel exempted pursuant to paragraph (b) shall be subject to tax
   74  as if the exemption was never enacted. Every person benefiting
   75  from such exemption shall be liable for and make payment of all
   76  taxes for which a credit or refund was granted.
   77         (b)(e)1. Sales of aviation fuel to, and exclusively used
   78  for flight training through a school of aeronautics or college
   79  of aviation by, a college based in this state which is a tax
   80  exempt organization under s. 501(c)(3) of the Internal Revenue
   81  Code or a university based in this state are exempt from the tax
   82  imposed by this part if the college or university:
   83         a. Is accredited by or has applied for accreditation by the
   84  Aviation Accreditation Board International; and
   85         b. Offers a graduate program in aeronautical or aerospace
   86  engineering or offers flight training through a school of
   87  aeronautics or college of aviation.
   88         2. A licensed wholesaler or terminal supplier that sells
   89  aviation fuel to a college or university qualified under this
   90  paragraph and that does not collect the aviation fuel tax from
   91  the college or university on such sale may receive an ultimate
   92  vendor credit for the 4.27-cent 6.9-cent excise tax previously
   93  paid on the aviation fuel delivered to such college or
   94  university.
   95         3. A college or university qualified under this paragraph
   96  which purchases aviation fuel from a retail supplier, including
   97  a fixed-base operator, and pays the 4.27-cent 6.9-cent excise
   98  tax on the purchase may apply for and receive a refund of the
   99  aviation fuel tax paid.
  100         (2)(a) An excise tax of 4.27 6.9 cents per gallon is
  101  imposed on each gallon of kerosene in the same manner as
  102  prescribed for diesel fuel under ss. 206.87(2) and 206.872.
  103         (b) The exemptions provided by s. 206.874 shall apply to
  104  kerosene if the dyeing and marking requirements of s. 206.8741
  105  are met.
  106         (c) Kerosene prepackaged in containers of 5 gallons or less
  107  and labeled “Not for Use in a Motor Vehicle” is exempt from the
  108  taxes imposed by this part when sold for home heating and
  109  cooking. Packagers may qualify for a refund of taxes previously
  110  paid, as prescribed by the department.
  111         (d) Sales of kerosene in quantities of 5 gallons or less by
  112  a person not licensed under this chapter who has no facilities
  113  for placing kerosene in the fuel supply system of a motor
  114  vehicle may qualify for a refund of taxes paid. Refunds of taxes
  115  paid shall be limited to sales for use in home heating or
  116  cooking and shall be documented as prescribed by the department.
  117         (3) An excise tax of 4.27 6.9 cents per gallon is imposed
  118  on each gallon of aviation gasoline in the manner prescribed by
  119  paragraph (2)(a). However, the exemptions allowed by paragraph
  120  (2)(b) do not apply to aviation gasoline.
  121         (4) Any licensed wholesaler or terminal supplier that
  122  delivers undyed kerosene to a residence for home heating or
  123  cooking may receive a credit or refund as the ultimate vendor of
  124  the kerosene for the 4.27-cent 6.9 cents excise tax previously
  125  paid.
  126         (5) Any licensed wholesaler or terminal supplier that
  127  delivers undyed kerosene to a retail dealer not licensed as a
  128  wholesaler or terminal supplier for sale as a home heating or
  129  cooking fuel may receive a credit or refund as the ultimate
  130  vendor of the kerosene for the 4.27-cent 6.9 cents excise tax
  131  previously paid, provided the retail dealer has no facility for
  132  fueling highway vehicles from the tank in which the kerosene is
  133  stored.
  134         (6) Any person who fails to meet the requirements of this
  135  section is subject to a backup tax as provided by s. 206.873.
  136         Section 3. Except as otherwise expressly provided in this
  137  act, this act shall take effect July 1, 2016.