House Bill 0899c1

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    Florida House of Representatives - 2000              CS/HB 899

        By the Committee on Business Development & International
    Trade and Representatives Johnson, Morroni and Argenio





  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 for use in defense or

  9         space technology production and research and

10         development; providing definitions; providing

11         an effective date.

12

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

14

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

16  212.08, Florida Statutes, is amended to read:

17         212.08  Sales, rental, use, consumption, distribution,

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

19  the rental, the use, the consumption, the distribution, and

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

21  following are hereby specifically exempt from the tax imposed

22  by this chapter.

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

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

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

26         1.  Industrial machinery and equipment used purchased

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

28  certified under subparagraph 5. to manufacture, process,

29  compound, or produce silicon technology products, defense

30  technology products, or space technology products for sale or

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    Florida House of Representatives - 2000              CS/HB 899

    170-863-00






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

  2  this chapter.

  3         2.  Machinery and equipment are exempt from the tax

  4  imposed by this chapter if used purchased for use

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

  6  development activities in a silicon, defense, or space

  7  technology research and development facility certified under

  8  subparagraph 5.

  9         3.  In addition to meeting the criteria mandated by

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

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

12  Development as authorized in this paragraph in order to

13  qualify for exemption under this paragraph.

14         4.  For items purchased tax exempt pursuant to this

15  paragraph, possession of a written certification from the

16  purchaser, certifying the purchaser's entitlement to exemption

17  pursuant to this paragraph, relieves the seller of the

18  responsibility of collecting the tax on the sale of such

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

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

21  not entitled to the exemption.

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

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

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

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

26  Economic Development in consultation with Enterprise Florida,

27  Inc.

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

29  submitted application and information and determine whether or

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

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

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    Florida House of Representatives - 2000              CS/HB 899

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  1  within 10 working days, evaluate the application and recommend

  2  approval or disapproval of the application to the Office of

  3  Tourism, Trade, and Economic Development.

  4         c.  Upon receipt of the application and recommendation

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

  6  and Economic Development shall certify within 5 working days

  7  those applicants who are found to meet the requirements of

  8  this section and notify the applicant, Enterprise Florida,

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

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

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

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

13  within 10 working days that the application for certification

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

15  Tourism, Trade, and Economic Development has final approval

16  authority for certification under this section.

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

18  may apply once each year for the exemption.

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

20  all eligible expenditures made after the date the business was

21  certified.

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

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

24  Economic Development, which claim indicates and documents the

25  sales and use taxes otherwise payable on eligible machinery

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

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

28  equivalent employees at the facility over the preceding

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

30  employees over the preceding calendar year, and the total

31  investment made in real and tangible personal property over

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    Florida House of Representatives - 2000              CS/HB 899

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

  2  since the date of certification. The department shall assist

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

  4  evaluating and verifying information provided in the

  5  application for exemption.

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

  7  Development may use the information reported on the claims for

  8  evaluation purposes only and shall prepare an annual report on

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

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

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

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

13  This report may be submitted in conjunction with the annual

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

15         7.  A business certified to receive this exemption may

16  elect to designate one or more state universities or community

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

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

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

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

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

22  development projects as requested by the certified business.

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

24  property must be vested in the business unless otherwise

25  agreed to by the business and the university or community

26  college.

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

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

29  time in qualifying research and development.

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

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

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    Florida House of Representatives - 2000              CS/HB 899

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

  2  improved products. Research and development does not include

  3  market research, routine consumer product testing, sales

  4  research, research in the social sciences or psychology,

  5  nontechnological activities, or technical services.

  6         c.  "Silicon technology products" means raw silicon

  7  wafers that are transformed into semiconductor memory or logic

  8  wafers, including wafers containing mixed memory and logic

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

10  flat panel displays; semiconductor chips; and related silicon

11  technology products as determined by the Office of Tourism,

12  Trade, and Economic Development.

13         d.  "Defense technology products" means products that

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

15  weapons, weapons systems, guidance systems, surveillance

16  systems, communications or information systems, munitions,

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

18  intended for military use and manufactured in performance of a

19  contract with the United States Department of Defense or the

20  military branch of a recognized foreign government or a

21  subcontract thereunder which relates to matters of national

22  defense.

23         e.  "Space technology products" means products that

24  have a space application, including, but not limited to, space

25  launch vehicles, missiles, satellites or research payloads,

26  avionics, and associated control systems and processing

27  systems. The term does not include products produced for

28  general commercial purposes or other uses that may have only

29  an incidental use in space applications.

30         f.  As used in subparagraphs 1. and 2., the terms

31  "machinery and equipment" and "industrial machinery and

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    Florida House of Representatives - 2000              CS/HB 899

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  1  equipment" include, but are not limited to, machine tools,

  2  testing equipment, test beds, computers, and software, whether

  3  purchased or self-fabricated, and, if self-fabricated, include

  4  materials and labor for design, fabrication, and assembly.

  5         Section 2.  This act shall take effect January 1, 2001.

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