House Bill 0899

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







    Florida House of Representatives - 2000                 HB 899

        By Representative Johnson






  1                      A bill to be entitled

  2         An act relating to tax on sales, use, and other

  3         transactions; amending s. 212.08, F.S.;

  4         revising application of the exemption for

  5         machinery and equipment used in silicon

  6         technology production and research and

  7         development; including within said exemption

  8         machinery and equipment used by defense or

  9         space technology facilities to produce defense

10         or space technology products, and machinery and

11         equipment used in defense or space research and

12         development in a defense or space technology

13         research and development facility; providing

14         definitions; providing an effective date.

15

16  Be It Enacted by the Legislature of the State of Florida:

17

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

19  212.08, Florida Statutes, is amended to read:

20         212.08  Sales, rental, use, consumption, distribution,

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

22  the rental, the use, the consumption, the distribution, and

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

24  following are hereby specifically exempt from the tax imposed

25  by this chapter.

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

27         (j)  Machinery and equipment used in silicon, defense,

28  or space technology production and research and development.--

29         1.  Industrial machinery and equipment used purchased

30  for use in silicon, defense, or space technology facilities

31  certified under subparagraph 5. to manufacture, process,

                                  1

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






    Florida House of Representatives - 2000                 HB 899

    717-113A-00






  1  compound, or produce silicon technology products, defense

  2  technology products, or space technology products for sale or

  3  for use by these facilities are exempt from the tax imposed by

  4  this chapter.

  5         2.  Machinery and equipment are exempt from the tax

  6  imposed by this chapter if used purchased for use

  7  predominately in silicon wafer, defense, or space research and

  8  development activities in a silicon, defense, or space

  9  technology research and development facility certified under

10  subparagraph 5.

11         3.  In addition to meeting the criteria mandated by

12  subparagraph 1. or subparagraph 2., a business must be

13  certified by the Office of Tourism, Trade, and Economic

14  Development as authorized in this paragraph in order to

15  qualify for exemption under this paragraph.

16         4.  For items purchased tax exempt pursuant to this

17  paragraph, possession of a written certification from the

18  purchaser, certifying the purchaser's entitlement to exemption

19  pursuant to this paragraph, relieves the seller of the

20  responsibility of collecting the tax on the sale of such

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

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

23  not entitled to the exemption.

24         5.a.  To be eligible to receive the exemption provided

25  by subparagraph 1. or subparagraph 2., a qualifying business

26  entity shall apply to Enterprise Florida, Inc. The application

27  shall be developed by the Office of Tourism, Trade, and

28  Economic Development in consultation with Enterprise Florida,

29  Inc.

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

31  submitted application and information and determine whether or

                                  2

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






    Florida House of Representatives - 2000                 HB 899

    717-113A-00






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

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

  3  within 10 working days, evaluate the application and recommend

  4  approval or disapproval of the application to the Office of

  5  Tourism, Trade, and Economic Development.

  6         c.  Upon receipt of the application and recommendation

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

  8  and Economic Development shall certify within 5 working days

  9  those applicants who are found to meet the requirements of

10  this section and notify the applicant, Enterprise Florida,

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

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

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

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

15  within 10 working days that the application for certification

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

17  Tourism, Trade, and Economic Development has final approval

18  authority for certification under this section.

19         6.a.  A business certified to receive this exemption

20  may apply once each year for the exemption.

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

22  all eligible expenditures made after the date the business was

23  certified.

24         c.  To apply for the annual exemption, the business

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

26  Economic Development, which claim indicates and documents the

27  sales and use taxes otherwise payable on eligible machinery

28  and equipment. The claim must also indicate, for program

29  evaluation purposes only, the average number of full-time

30  equivalent employees at the facility over the preceding

31  calendar year, the average wage and benefits paid to those

                                  3

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






    Florida House of Representatives - 2000                 HB 899

    717-113A-00






  1  employees over the preceding calendar year, and the total

  2  investment made in real and tangible personal property over

  3  the preceding calendar year or, for the first claim submitted,

  4  since the date of certification. The department shall assist

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

  6  evaluating and verifying information provided in the

  7  application for exemption.

  8         d.  The Office of Tourism, Trade, and Economic

  9  Development may use the information reported on the claims for

10  evaluation purposes only and shall prepare an annual report on

11  the exemption program and its cost and impact. The annual

12  report for the preceding fiscal year shall be submitted to the

13  Governor, the President of the Senate, and the Speaker of the

14  House of Representatives by September 30 of each fiscal year.

15  This report may be submitted in conjunction with the annual

16  report required in s. 288.095(3)(c).

17         7.  A business certified to receive this exemption may

18  elect to designate one or more state universities or community

19  colleges as recipients of up to 100 percent of the amount of

20  the exemption for which they may qualify. To receive these

21  funds, the institution must agree to match the funds so earned

22  with equivalent cash, programs, services, or other in-kind

23  support on a one-to-one basis in the pursuit of research and

24  development projects as requested by the certified business.

25  The rights to any patents, royalties, or real or intellectual

26  property must be vested in the business unless otherwise

27  agreed to by the business and the university or community

28  college.

29         8.  As used in this paragraph, the term:

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

31  time in qualifying research and development.

                                  4

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






    Florida House of Representatives - 2000                 HB 899

    717-113A-00






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

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

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

  4  improved products. Research and development does not include

  5  market research, routine consumer product testing, sales

  6  research, research in the social sciences or psychology,

  7  nontechnological activities, or technical services.

  8         c.  "Silicon technology products" means raw silicon

  9  wafers 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; and related silicon

13  technology products as determined by the Office of Tourism,

14  Trade, and Economic Development.

15         d.  "Defense technology products" means products with a

16  military application, including, but not limited to, weapons,

17  weapons systems, guidance systems, surveillance systems,

18  communications or information systems, munitions, aircraft,

19  vessels, boats, or other implements and components thereof

20  intended for military use or national defense, but does not

21  include handguns, shotguns, or other items intended primarily

22  for civilian rather than military use.

23         e.  "Space technology products" means products with a

24  space application, including, but not limited to, space launch

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

26  and associated control systems and processing systems.

27         f.  "Machinery and equipment" means machines and

28  equipment, including testing equipment, computers, and other

29  tangible personal property, whether purchased or

30  self-fabricated, and, if self-fabricated, includes design and

31  fabrication labor.

                                  5

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






    Florida House of Representatives - 2000                 HB 899

    717-113A-00






  1         Section 2.  This act shall take effect July 1, 2000.

  2

  3            *****************************************

  4                          HOUSE SUMMARY

  5
      Revises application of the sales tax exemption for
  6    machinery and equipment used in silicon technology
      production and research and development, and includes
  7    within said exemption machinery and equipment used by
      defense or space technology facilities to produce defense
  8    or space technology products, and machinery and equipment
      used in defense or space research and development in a
  9    defense or space technology research and development
      facility.
10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  6