Florida Senate - 2017 SB 792 By Senator Bean 4-01085-17 2017792__ 1 A bill to be entitled 2 An act relating to the tax on sales, use, and other 3 transactions; amending s. 212.08, F.S.; exempting all 4 aircraft sales or leases, rather than the sales or 5 leases of certain aircraft, from the sales and use 6 tax; defining the term “aircraft”; deleting the 7 definition of the term “common carrier” to conform to 8 changes made by the act; providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Paragraph (ss) of subsection (7) of section 13 212.08, Florida Statutes, is amended to read: 14 212.08 Sales, rental, use, consumption, distribution, and 15 storage tax; specified exemptions.—The sale at retail, the 16 rental, the use, the consumption, the distribution, and the 17 storage to be used or consumed in this state of the following 18 are hereby specifically exempt from the tax imposed by this 19 chapter. 20 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any 21 entity by this chapter do not inure to any transaction that is 22 otherwise taxable under this chapter when payment is made by a 23 representative or employee of the entity by any means, 24 including, but not limited to, cash, check, or credit card, even 25 when that representative or employee is subsequently reimbursed 26 by the entity. In addition, exemptions provided to any entity by 27 this subsection do not inure to any transaction that is 28 otherwise taxable under this chapter unless the entity has 29 obtained a sales tax exemption certificate from the department 30 or the entity obtains or provides other documentation as 31 required by the department. Eligible purchases or leases made 32 with such a certificate must be in strict compliance with this 33 subsection and departmental rules, and any person who makes an 34 exempt purchase with a certificate that is not in strict 35 compliance with this subsection and the rules is liable for and 36 shall pay the tax. The department may adopt rules to administer 37 this subsection. 38 (ss) Aircraft sales or leases.—The sale or lease of
a39 qualified aircraft oran aircraft of more than 15,000 pounds40 maximum certified takeoff weight for use by a common carrieris 41 exempt from the tax imposed by this chapter. As used in this 42 paragraph, the term “aircraft” means a manned vehicle capable of 43 flight which is designed to transport persons or property. 44 “common carrier” means an airline operating under Federal45 Aviation Administration regulations contained in Title 14,46 chapter I, part 121 or part 129 of the Code of Federal47 Regulations.48 Section 2. This act shall take effect July 1, 2017.