Florida 2022 Regular Session

Florida Senate Bill S0786 Latest Draft

Bill / Comm Sub Version Filed 01/13/2022

 Florida Senate - 2022 CS for SB 786  By the Committee on Finance and Tax; and Senator Hutson 593-01985-22 2022786c1 1 A bill to be entitled 2 An act relating to aircraft sales and lease tax; 3 amending s. 212.08, F.S.; exempting all aircraft sales 4 and leases, rather than the sales and leases of 5 certain aircraft, from the sales and use tax; defining 6 the term aircraft; deleting the definition of the 7 term common carrier to conform to changes made by 8 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: 14 212.08Sales, 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 a 39 qualified aircraft or an aircraft of more than 15,000 pounds 40 maximum certified takeoff weight for use by a common carrier is 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 Federal 45 Aviation Administration regulations contained in Title 14, 46 chapter I, part 121 or part 129 of the Code of Federal 47 Regulations. 48 Section 2.This act shall take effect July 1, 2022.