CS/CS/HB 1379

1
A bill to be entitled
2An act relating to the tax on sales, use, and other
3transactions; amending s. 212.08, F.S.; providing an
4exemption from the use tax for an aircraft that
5temporarily enters the state or is temporarily in the
6state for certain purposes; providing criteria for proof;
7specifying the exemption to be in addition to certain
8other provisions; providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Paragraph (ggg) is added to subsection (7) of
13section 212.08, Florida Statutes, to read:
14     212.08  Sales, rental, use, consumption, distribution, and
15storage tax; specified exemptions.--The sale at retail, the
16rental, the use, the consumption, the distribution, and the
17storage to be used or consumed in this state of the following
18are hereby specifically exempt from the tax imposed by this
19chapter.
20     (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
21entity by this chapter do not inure to any transaction that is
22otherwise taxable under this chapter when payment is made by a
23representative or employee of the entity by any means,
24including, but not limited to, cash, check, or credit card, even
25when that representative or employee is subsequently reimbursed
26by the entity. In addition, exemptions provided to any entity by
27this subsection do not inure to any transaction that is
28otherwise taxable under this chapter unless the entity has
29obtained a sales tax exemption certificate from the department
30or the entity obtains or provides other documentation as
31required by the department. Eligible purchases or leases made
32with such a certificate must be in strict compliance with this
33subsection and departmental rules, and any person who makes an
34exempt purchase with a certificate that is not in strict
35compliance with this subsection and the rules is liable for and
36shall pay the tax. The department may adopt rules to administer
37this subsection.
38     (ggg)  Aircraft temporarily in the state.--
39     1.  An aircraft owned by a nonresident is exempt from the
40use tax imposed under this chapter if the aircraft enters and
41remains in this state for less than a total of 21 days during
42the 6-month period after the date of purchase. The temporary use
43of the aircraft and subsequent removal from this state may be
44proven by invoices for fuel, tie-down, or hangar charges issued
45by out-of-state vendors or suppliers or similar documentation
46that clearly and specifically identifies the aircraft. The
47exemption created by this subparagraph shall be allowed in
48addition to the provisions contained in subparagraph 2. and s.
49212.05(1)(a).
50     2.  An aircraft owned by a nonresident is exempt from the
51use tax imposed under this chapter if the aircraft enters or
52remains in this state exclusively for purposes of flight
53training, repairs, alterations, refitting, or modification. Such
54flight training, repairs, alterations, refitting, or
55modification shall be supported by written documentation issued
56by in-state vendors or suppliers which clearly and specifically
57identifies the aircraft. The exemption created by this
58subparagraph shall be allowed in addition to the provisions
59contained in subparagraph 1. and s. 212.05(1)(a).
60     Section 2.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.