Florida Senate - 2024                                     SB 264
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-00566-24                                            2024264__
    1                        A bill to be entitled                      
    2         An act relating to aircraft taxes; amending s. 212.05,
    3         F.S.; providing the maximum tax that may be collected
    4         on each sale and use of an aircraft; amending s.
    5         212.08, F.S.; expanding a tax exemption on aircraft
    6         sales and leases; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Subsection (5) of section 212.05, Florida
   11  Statutes, is amended to read:
   12         212.05 Sales, storage, use tax.—It is hereby declared to be
   13  the legislative intent that every person is exercising a taxable
   14  privilege who engages in the business of selling tangible
   15  personal property at retail in this state, including the
   16  business of making or facilitating remote sales; who rents or
   17  furnishes any of the things or services taxable under this
   18  chapter; or who stores for use or consumption in this state any
   19  item or article of tangible personal property as defined herein
   20  and who leases or rents such property within the state.
   21         (5) Notwithstanding any other provision of this chapter,
   22  the maximum amount of tax imposed under this chapter and
   23  collected on each sale or use of a boat or aircraft in this
   24  state may not exceed $18,000 and on each repair of a boat in
   25  this state may not exceed $60,000.
   26         Section 2. Paragraph (ss) of subsection (7) of section
   27  212.08, Florida Statutes, is amended to read:
   28         212.08 Sales, rental, use, consumption, distribution, and
   29  storage tax; specified exemptions.—The sale at retail, the
   30  rental, the use, the consumption, the distribution, and the
   31  storage to be used or consumed in this state of the following
   32  are hereby specifically exempt from the tax imposed by this
   33  chapter.
   34         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
   35  entity by this chapter do not inure to any transaction that is
   36  otherwise taxable under this chapter when payment is made by a
   37  representative or employee of the entity by any means,
   38  including, but not limited to, cash, check, or credit card, even
   39  when that representative or employee is subsequently reimbursed
   40  by the entity. In addition, exemptions provided to any entity by
   41  this subsection do not inure to any transaction that is
   42  otherwise taxable under this chapter unless the entity has
   43  obtained a sales tax exemption certificate from the department
   44  or the entity obtains or provides other documentation as
   45  required by the department. Eligible purchases or leases made
   46  with such a certificate must be in strict compliance with this
   47  subsection and departmental rules, and any person who makes an
   48  exempt purchase with a certificate that is not in strict
   49  compliance with this subsection and the rules is liable for and
   50  shall pay the tax. The department may adopt rules to administer
   51  this subsection.
   52         (ss) Aircraft sales or leases.—The sale or lease of a
   53  qualified aircraft or an aircraft of less than 12,500 or more
   54  than 15,000 pounds maximum certified takeoff weight for use by a
   55  common carrier is exempt from the tax imposed by this chapter.
   56  As used in this paragraph, “common carrier” means an airline
   57  operating under Federal Aviation Administration regulations
   58  contained in Title 14, chapter I, part 121 or part 129 of the
   59  Code of Federal Regulations.
   60         Section 3. This act shall take effect July 1, 2024.