CS/CS/HB 913

1	A bill to be entitled
2	An act relating to the tax on sales, use, and other
3	transactions; amending s. 212.02, F.S.; defining the term
4	"fractional aircraft ownership program"; amending s.
5	212.08, F.S.; providing tax exemptions on the sale or use
6	of aircraft primarily used in a fractional aircraft
7	ownership program and for the parts and labor used in the
8	maintenance, repair, and overhaul of such aircraft;
9	creating s. 212.0597, F.S.; providing a maximum tax on the
10	sale or use of fractional aircraft ownership interests;
11	providing an effective date.
12
13	WHEREAS, Florida has identified aviation and aerospace as
14	industries suitable for economic development, and
15	WHEREAS, Florida has determined that the synergy in the
16	space, aerospace, and aviation industries attracts the world's
17	leading businesses to the state, and
18	WHEREAS, Florida employs approximately 80,000 people in the
19	aviation and aerospace industries at an average annual wage of
20	$52,000, and
21	WHEREAS, Florida has the third-largest aviation
22	maintenance, repair, and overhaul cluster in the United States
23	and has strategies directed toward expanding these aviation
24	support services, and
25	WHEREAS, Florida intends to remain competitive with other
26	states as additional innovative commercial air transportation
27	products are developed, NOW, THEREFORE,
28
29	Be It Enacted by the Legislature of the State of Florida:
30
31	Section 1.  Subsection (34) is added to section 212.02,
32	Florida Statutes, to read:
33	212.02  Definitions.-The following terms and phrases when
34	used in this chapter have the meanings ascribed to them in this
35	section, except where the context clearly indicates a different
36	meaning:
37	(34)  "Fractional aircraft ownership program" means a
38	program that meets the requirements of 14 C.F.R. part 91,
39	subpart K, relating to fractional ownership operations, except
40	that the program must include a minimum of 25 aircraft owned or
41	leased by the program manager and used in the program.
42	Section 2.  Paragraph (ggg) is added to subsection (7) of
43	section 212.08, Florida Statutes, to read:
44	212.08  Sales, rental, use, consumption, distribution, and
45	storage tax; specified exemptions.-The sale at retail, the
46	rental, the use, the consumption, the distribution, and the
47	storage to be used or consumed in this state of the following
48	are hereby specifically exempt from the tax imposed by this
49	chapter.
50	(7)  MISCELLANEOUS EXEMPTIONS.-Exemptions provided to any
51	entity by this chapter do not inure to any transaction that is
52	otherwise taxable under this chapter when payment is made by a
53	representative or employee of the entity by any means,
54	including, but not limited to, cash, check, or credit card, even
55	when that representative or employee is subsequently reimbursed
56	by the entity. In addition, exemptions provided to any entity by
57	this subsection do not inure to any transaction that is
58	otherwise taxable under this chapter unless the entity has
59	obtained a sales tax exemption certificate from the department
60	or the entity obtains or provides other documentation as
61	required by the department. Eligible purchases or leases made
62	with such a certificate must be in strict compliance with this
63	subsection and departmental rules, and any person who makes an
64	exempt purchase with a certificate that is not in strict
65	compliance with this subsection and the rules is liable for and
66	shall pay the tax. The department may adopt rules to administer
67	this subsection.
68	(ggg)  Fractional aircraft ownership programs.-The sale or
69	use of aircraft primarily used in a fractional aircraft
70	ownership program or of any parts or labor used in the
71	completion, maintenance, repair, or overhaul of such aircraft is
72	exempt from the tax imposed by this chapter. The exemption is
73	not allowed unless the program manager of the fractional
74	aircraft ownership program furnishes the dealer with a
75	certificate stating that the lease, purchase, repair, or
76	maintenance is for aircraft primarily used in a fractional
77	aircraft ownership program and that the program manager
78	qualifies for the exemption. If a program manager makes tax-
79	exempt purchases on a continual basis, the program manager may
80	allow the dealer to keep the certificate on file. The program
81	manager must inform a dealer that keeps the certificate on file
82	if the program manager no longer qualifies for the exemption.
83	The department may adopt rules to administer this paragraph,
84	including rules determining the format of the certificate.
85	Section 3.  Section 212.0597, Florida Statutes, is created
86	to read:
87	212.0597  Maximum tax on fractional aircraft ownership
88	interests.-The maximum tax imposed under this chapter, including
89	any discretionary sales surtax under s. 212.055, is limited to
90	$300 on the sale or use in this state of a fractional ownership
91	interest in aircraft pursuant to a fractional aircraft ownership
92	program. The tax applies to the total consideration paid for the
93	fractional ownership interest, including any amounts paid by the
94	fractional owner as monthly management or maintenance fees. The
95	tax applies only if the fractional ownership interest is sold by
96	or to the program manager of the fractional aircraft ownership
97	program, or if the fractional ownership interest is transferred
98	upon the approval of the program manager of the fractional
99	aircraft ownership program.
100	Section 4.  This act shall take effect July 1, 2010.

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