Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 844
       
       
       
       
       
       
                                Ì3889125Î388912                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/09/2016           .                                
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       The Committee on Finance and Tax (Flores) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 37 - 130
    4  and insert:
    5  tax of 4.27 6.9 cents per gallon of aviation fuel is imposed
    6  upon every gallon of aviation fuel sold in this state, or
    7  brought into this state for use, upon which such tax has not
    8  been paid or the payment thereof has not been lawfully assumed
    9  by some person handling the same in this state. Fuel taxed
   10  pursuant to this part is shall not be subject to the taxes
   11  imposed by ss. 206.41(1)(d), (e), and (f) and 206.87(1)(b), (c),
   12  and (d).
   13         (b) Any licensed wholesaler or terminal supplier that
   14  delivers aviation fuel to an air carrier offering
   15  transcontinental jet service and that, after January 1, 1996,
   16  but before July 1, 2016, increases the air carrier’s Florida
   17  workforce by more than 1000 percent and by 250 or more full-time
   18  equivalent employee positions, may receive a credit or refund as
   19  the ultimate vendor of the aviation fuel for the 6.9 cents
   20  excise tax previously paid, provided that the air carrier has no
   21  facility for fueling highway vehicles from the tank in which the
   22  aviation fuel is stored. In calculating the new or additional
   23  Florida full-time equivalent employee positions, any full-time
   24  equivalent employee positions of parent or subsidiary
   25  corporations which existed before January 1, 1996, shall not be
   26  counted toward reaching the Florida employment increase
   27  thresholds. The refund allowed under this paragraph is in
   28  furtherance of the goals and policies of the State Comprehensive
   29  Plan set forth in s. 187.201(16)(a), (b)1., 2., (17)(a), (b)1.,
   30  4., (19)(a), (b)5., (21)(a), (b)1., 2., 4., 7., 9., and 12.
   31         (c) If, before July 1, 2001, the number of full-time
   32  equivalent employee positions created or added to the air
   33  carrier’s Florida workforce falls below 250, the exemption
   34  granted pursuant to this section shall not apply during the
   35  period in which the air carrier has fewer than the 250
   36  additional employees.
   37         (d) The exemption taken by credit or refund pursuant to
   38  paragraph (b) shall apply only under the terms and conditions
   39  set forth therein. If any part of that paragraph is judicially
   40  declared to be unconstitutional or invalid, the validity of any
   41  provisions taxing aviation fuel shall not be affected and all
   42  fuel exempted pursuant to paragraph (b) shall be subject to tax
   43  as if the exemption was never enacted. Every person benefiting
   44  from such exemption shall be liable for and make payment of all
   45  taxes for which a credit or refund was granted.
   46         (b)(e)1. Sales of aviation fuel to, and exclusively used
   47  for flight training through a school of aeronautics or college
   48  of aviation by, a college based in this state which is a tax
   49  exempt organization under s. 501(c)(3) of the Internal Revenue
   50  Code or a university based in this state are exempt from the tax
   51  imposed by this part if the college or university:
   52         a. Is accredited by or has applied for accreditation by the
   53  Aviation Accreditation Board International; and
   54         b. Offers a graduate program in aeronautical or aerospace
   55  engineering or offers flight training through a school of
   56  aeronautics or college of aviation.
   57         2. A licensed wholesaler or terminal supplier that sells
   58  aviation fuel to a college or university qualified under this
   59  paragraph and that does not collect the aviation fuel tax from
   60  the college or university on such sale may receive an ultimate
   61  vendor credit for the 4.27-cent 6.9-cent excise tax previously
   62  paid on the aviation fuel delivered to such college or
   63  university.
   64         3. A college or university qualified under this paragraph
   65  which purchases aviation fuel from a retail supplier, including
   66  a fixed-base operator, and pays the 4.27-cent 6.9-cent excise
   67  tax on the purchase may apply for and receive a refund of the
   68  aviation fuel tax paid.
   69         (2)(a) An excise tax of 4.27 6.9 cents per gallon is
   70  imposed on each gallon of kerosene in the same manner as
   71  prescribed for diesel fuel under ss. 206.87(2) and 206.872.
   72         (b) The exemptions provided by s. 206.874 shall apply to
   73  kerosene if the dyeing and marking requirements of s. 206.8741
   74  are met.
   75         (c) Kerosene prepackaged in containers of 5 gallons or less
   76  and labeled “Not for Use in a Motor Vehicle” is exempt from the
   77  taxes imposed by this part when sold for home heating and
   78  cooking. Packagers may qualify for a refund of taxes previously
   79  paid, as prescribed by the department.
   80         (d) Sales of kerosene in quantities of 5 gallons or less by
   81  a person not licensed under this chapter who has no facilities
   82  for placing kerosene in the fuel supply system of a motor
   83  vehicle may qualify for a refund of taxes paid. Refunds of taxes
   84  paid shall be limited to sales for use in home heating or
   85  cooking and shall be documented as prescribed by the department.
   86         (3) An excise tax of 4.27 6.9 cents per gallon is imposed
   87  on each gallon of aviation gasoline in the manner prescribed by
   88  paragraph (2)(a). However, the exemptions allowed by paragraph
   89  (2)(b) do not apply to aviation gasoline.
   90         (4) Any licensed wholesaler or terminal supplier that
   91  delivers undyed kerosene to a residence for home heating or
   92  cooking may receive a credit or refund as the ultimate vendor of
   93  the kerosene for the 4.27-cent 6.9 cents excise tax previously
   94  paid.
   95         (5) Any licensed wholesaler or terminal supplier that
   96  delivers undyed kerosene to a retail dealer not licensed as a
   97  wholesaler or terminal supplier for sale as a home heating or
   98  cooking fuel may receive a credit or refund as the ultimate
   99  vendor of the kerosene for the 4.27-cent 6.9 cents excise tax