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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1604

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Childers moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 1, line 22, through

15            page 7, line 13, delete those lines

16

17  and insert:

18         Section 1.  Paragraph (j) of subsection (5) and

19  paragraph (d) of subsection (7) of section 212.08, Florida

20  Statutes, are amended to read:

21         212.08  Sales, rental, use, consumption, distribution,

22  and storage tax; specified exemptions.--The sale at retail,

23  the rental, the use, the consumption, the distribution, and

24  the storage to be used or consumed in this state of the

25  following are hereby specifically exempt from the tax imposed

26  by this chapter.

27         (5)  EXEMPTIONS; ACCOUNT OF USE.--

28         (j)  Machinery and equipment used in semiconductor,

29  defense, or space silicon technology production and research

30  and development.--

31         1.a.  Industrial machinery and equipment used purchased

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1604

    Amendment No.    





 1  for use in semiconductor silicon technology facilities

 2  certified under subparagraph 6. 5. to manufacture, process,

 3  compound, or produce semiconductor silicon technology products

 4  for sale or for use by these facilities are exempt from the

 5  tax imposed by this chapter. For purposes of this paragraph,

 6  industrial machinery and equipment includes molds, dies,

 7  machine tooling, other appurtenances or accessories to

 8  machinery and equipment, testing equipment, test beds,

 9  computers, and software, whether purchased or self-fabricated,

10  and, if self-fabricated, includes materials and labor for

11  design, fabrication, and assembly.

12         b.  Industrial machinery and equipment used in defense

13  or space technology facilities certified under subparagraph 6.

14  to manufacture, process, compound, or produce defense

15  technology products or space technology products for sale or

16  for use by these facilities are exempt from 25 percent of the

17  tax imposed by this chapter.

18         2.a.  Machinery and equipment are exempt from the tax

19  imposed by this chapter if used purchased for use

20  predominately in semiconductor silicon wafer research and

21  development activities in a semiconductor silicon technology

22  research and development facility certified under subparagraph

23  6. 5. For purposes of this paragraph, machinery and equipment

24  includes molds, dies, machine tooling, other appurtenances or

25  accessories to machinery and equipment, testing equipment,

26  test beds, computers, and software, whether purchased or

27  self-fabricated, and, if self-fabricated, includes materials

28  and labor for design, fabrication, and assembly.

29         b.  Machinery and equipment are exempt from 25 percent

30  of the tax imposed by this chapter if used predominately in

31  defense or space research and development activities in a

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1604

    Amendment No.    





 1  defense or space technology research and development facility

 2  certified under subparagraph 6.

 3         3.  Building materials purchased for use in

 4  manufacturing or expanding clean rooms in

 5  semiconductor-manufacturing facilities are exempt from the tax

 6  imposed by this chapter.

 7         4.3.  In addition to meeting the criteria mandated by

 8  subparagraph 1., or subparagraph 2., or subparagraph 3., a

 9  business must be certified by the Office of Tourism, Trade,

10  and Economic Development as authorized in this paragraph in

11  order to qualify for exemption under this paragraph.

12         5.4.  For items purchased tax exempt pursuant to this

13  paragraph, possession of a written certification from the

14  purchaser, certifying the purchaser's entitlement to exemption

15  pursuant to this paragraph, relieves the seller of the

16  responsibility of collecting the tax on the sale of such

17  items, and the department shall look solely to the purchaser

18  for recovery of tax if it determines that the purchaser was

19  not entitled to the exemption.

20         6.5.a.  To be eligible to receive the exemption

21  provided by subparagraph 1., or subparagraph 2., or

22  subparagraph 3., a qualifying business entity shall apply to

23  Enterprise Florida, Inc. The application shall be developed by

24  the Office of Tourism, Trade, and Economic Development in

25  consultation with Enterprise Florida, Inc.

26         b.  Enterprise Florida, Inc., shall review each

27  submitted application and information and determine whether or

28  not the application is complete within 5 working days. Once an

29  application is complete, Enterprise Florida, Inc., shall,

30  within 10 working days, evaluate the application and recommend

31  approval or disapproval of the application to the Office of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1604

    Amendment No.    





 1  Tourism, Trade, and Economic Development.

 2         c.  Upon receipt of the application and recommendation

 3  from Enterprise Florida, Inc., the Office of Tourism, Trade,

 4  and Economic Development shall certify within 5 working days

 5  those applicants who are found to meet the requirements of

 6  this section and notify the applicant, Enterprise Florida,

 7  Inc., and the department of the certification. If the Office

 8  of Tourism, Trade, and Economic Development finds that the

 9  applicant does not meet the requirements of this section, it

10  shall notify the applicant and Enterprise Florida, Inc.,

11  within 10 working days that the application for certification

12  has been denied and the reasons for denial. The Office of

13  Tourism, Trade, and Economic Development has final approval

14  authority for certification under this section.

15         7.6.a.  A business certified to receive this exemption

16  may apply once each year for the exemption.

17         b.  The first claim submitted by a business may include

18  all eligible expenditures made after the date the business was

19  certified.

20         b.c.  To apply for the annual exemption, the business

21  shall submit a claim to the Office of Tourism, Trade, and

22  Economic Development, which claim indicates and documents the

23  sales and use taxes otherwise payable on eligible machinery

24  and equipment. The application claim must also indicate, for

25  program evaluation purposes only, the average number of

26  full-time equivalent employees at the facility over the

27  preceding calendar year, the average wage and benefits paid to

28  those employees over the preceding calendar year, and the

29  total investment made in real and tangible personal property

30  over the preceding calendar year, and the total value of

31  tax-exempt purchases and taxes exempted during the previous

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1604

    Amendment No.    





 1  year or, for the first claim submitted, since the date of

 2  certification. The department shall assist the Office of

 3  Tourism, Trade, and Economic Development in evaluating and

 4  verifying information provided in the application for

 5  exemption.

 6         c.d.  The Office of Tourism, Trade, and Economic

 7  Development may use the information reported on the

 8  application claims for evaluation purposes only and shall

 9  prepare an annual report on the exemption program and its cost

10  and impact. The annual report for the preceding fiscal year

11  shall be submitted to the Governor, the President of the

12  Senate, and the Speaker of the House of Representatives by

13  September 30 of each fiscal year. This report may be submitted

14  in conjunction with the annual report required in s.

15  288.095(3)(c).

16         8.7.  A business certified to receive this exemption

17  may elect to designate one or more state universities or

18  community colleges as recipients of up to 100 percent of the

19  amount of the exemption for which they may qualify. To receive

20  these funds, the institution must agree to match the funds so

21  earned with equivalent cash, programs, services, or other

22  in-kind support on a one-to-one basis in the pursuit of

23  research and development projects as requested by the

24  certified business. The rights to any patents, royalties, or

25  real or intellectual property must be vested in the business

26  unless otherwise agreed to by the business and the university

27  or community college.

28         9.8.  As used in this paragraph, the term:

29         a.  "Predominately" means at least 50 percent of the

30  time in qualifying research and development.

31         b.  "Research and development" means basic and applied

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1604

    Amendment No.    





 1  research in the science or engineering, as well as the design,

 2  development, and testing of prototypes or processes of new or

 3  improved products. Research and development does not include

 4  market research, routine consumer product testing, sales

 5  research, research in the social sciences or psychology,

 6  nontechnological activities, or technical services.

 7         c.  "Semiconductor Silicon technology products" means

 8  raw semiconductor silicon wafers or semiconductor thin films

 9  that are transformed into semiconductor memory or logic

10  wafers, including wafers containing mixed memory and logic

11  circuits; related assembly and test operations; active-matrix

12  flat panel displays; semiconductor chips; semiconductor

13  lasers; optoelectronic elements; and related semiconductor

14  silicon technology products as determined by the Office of

15  Tourism, Trade, and Economic Development.

16         d.  "Clean rooms" means manufacturing facilities

17  enclosed in a manner that meets the clean manufacturing

18  requirements necessary for high-technology

19  semiconductor-manufacturing environments.

20         e.  "Defense technology products" means products that

21  have a military application, including, but not limited to,

22  weapons, weapons systems, guidance systems, surveillance

23  systems, communications or information systems, munitions,

24  aircraft, vessels, or boats, or components thereof, which are

25  intended for military use and manufactured in performance of a

26  contract with the United States Department of Defense or the

27  military branch of a recognized foreign government or a

28  subcontract thereunder which relates to matters of national

29  defense.

30         f.  "Space technology products" means products that are

31  specifically designed or manufactured for application in space

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1604

    Amendment No.    





 1  activities, including, but not limited to, space launch

 2  vehicles, missiles, satellites or research payloads, avionics,

 3  and associated control systems and processing systems. The

 4  term does not include products that are designed or

 5  manufactured for general commercial aviation or other uses

 6  even though those products may also serve an incidental use in

 7  space applications.

 8         (7)  MISCELLANEOUS EXEMPTIONS.--

 9         (d)  Feeds.--Feeds for poultry, ostriches, and

10  livestock, including racehorses, racing greyhounds, and dairy

11  cows, are exempt.

12

13  Exemptions provided to any entity by this subsection shall not

14  inure to any transaction otherwise taxable under this chapter

15  when payment is made by a representative or employee of such

16  entity by any means, including, but not limited to, cash,

17  check, or credit card even when that representative or

18  employee is subsequently reimbursed by such entity.

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20

21  ================ T I T L E   A M E N D M E N T ===============

22  And the title is amended as follows:

23         On page 1, line 18, after the semicolon,

24

25  insert:

26         providing an exemption for feeds for racing

27         greyhounds;

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