HB 269 2024 CODING: Words stricken are deletions; words underlined are additions. hb0269-00 Page 1 of 3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to aircraft taxes; amending s. 212.05, 2 F.S.; providing the maximum tax that may be collected 3 on each sale and use of an aircraft; amending s. 4 212.08, F.S.; expanding a tax exemption on aircraft 5 sales and leases; providing an effective date. 6 7 Be It Enacted by the Legislature of the State of Florida: 8 9 Section 1. Subsection (5) of section 212.05, Florida 10 Statutes, is amended to read: 11 212.05 Sales, storage, use tax. —It is hereby declared to 12 be the legislative intent that every person is exercising a 13 taxable privilege who engages in the business of selling 14 tangible personal property at retail in this state, including 15 the business of making o r facilitating remote sales; who rents 16 or furnishes any of the things or services taxable under this 17 chapter; or who stores for use or consumption in this state any 18 item or article of tangible personal property as defined herein 19 and who leases or rents suc h property within the state. 20 (5) Notwithstanding any other provision of this chapter, 21 the maximum amount of tax imposed under this chapter and 22 collected on each sale or use of a boat or aircraft in this 23 state may not exceed $18,000 and on each repair of a boat in 24 this state may not exceed $60,000. 25 HB 269 2024 CODING: Words stricken are deletions; words underlined are additions. hb0269-00 Page 2 of 3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Section 2. Paragraph (ss) of subsection (7) of section 26 212.08, Florida Statutes, is amended to read: 27 212.08 Sales, rental, use, consumption, distribution, and 28 storage tax; specified exemptions. —The sale at retail, the 29 rental, the use, the consumption, the distribution, and the 30 storage to be used or consumed in this state of the following 31 are hereby specifically exempt from the tax imposed by this 32 chapter. 33 (7) MISCELLANEOUS EXEMPTIONS. —Exemptions provided to any 34 entity by this chapter do not inure to any transaction that is 35 otherwise taxable under this chapter when payment is made by a 36 representative or employee of the entity by any means, 37 including, but not limited to, cash, check, or credit card, even 38 when that representative or employee is subsequently reimbursed 39 by the entity. In addition, exemptions provided to any entity by 40 this subsection do not inure to any transaction that is 41 otherwise taxable under this chapter unless the entity has 42 obtained a sales tax exemption certificate from the department 43 or the entity obtains or provides other documentation as 44 required by the department. Eligible purchases or leases made 45 with such a certificate must be in strict compliance with this 46 subsection and departmenta l rules, and any person who makes an 47 exempt purchase with a certificate that is not in strict 48 compliance with this subsection and the rules is liable for and 49 shall pay the tax. The department may adopt rules to administer 50 HB 269 2024 CODING: Words stricken are deletions; words underlined are additions. hb0269-00 Page 3 of 3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S this subsection. 51 (ss) Aircraft sales or leases.—The sale or lease of a 52 qualified aircraft or an aircraft of less than 12,500 or more 53 than 15,000 pounds maximum certified takeoff weight for use by a 54 common carrier is exempt from the tax imposed by this chapter. 55 As used in this paragraph, "common carrier" means an airline 56 operating under Federal Aviation Administration regulations 57 contained in Title 14, chapter I, part 121 or part 129 of the 58 Code of Federal Regulations. 59 Section 3. This act shall take effect July 1, 2024. 60