House Bill 0899e1

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                                        CS/HB 899, First Engrossed



  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; providing for application to

  8         semiconductor, rather than silicon, technology

  9         production and research and development;

10         providing a partial exemption for machinery and

11         equipment for use in defense or space

12         technology production and research and

13         development; providing an exemption for

14         building materials used in manufacturing or

15         expanding clean rooms in semiconductor

16         manufacturing facilities; revising exemption

17         application requirements; providing

18         definitions; providing an effective date.

19

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

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

23  212.08, Florida Statutes, is amended to read:

24         212.08  Sales, rental, use, consumption, distribution,

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

26  the rental, the use, the consumption, the distribution, and

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

28  following are hereby specifically exempt from the tax imposed

29  by this chapter.

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

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                                        CS/HB 899, First Engrossed



  1         (j)  Machinery and equipment used in semiconductor,

  2  defense, or space silicon technology production and research

  3  and development; building materials used for clean rooms.--

  4         1.a.  Industrial machinery and equipment used purchased

  5  for use in semiconductor silicon technology facilities

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

  7  compound, or produce semiconductor silicon technology products

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

  9  tax imposed by this chapter.

10         b.  Industrial machinery and equipment used in defense

11  or space technology facilities certified under subparagraph 6.

12  to manufacture, process, compound, or produce defense

13  technology products or space technology products for sale or

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

15  tax imposed by this chapter.

16         c.  For purposes of this subparagraph, "industrial

17  machinery and equipment" includes molds, dies, machine

18  tooling, other appurtenances or accessories to machinery and

19  equipment, testing equipment, test beds, computers, and

20  software, whether purchased or self-fabricated, and, if

21  self-fabricated, includes materials and labor for design,

22  fabrication, and assembly.

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

24  imposed by this chapter if used purchased for use

25  predominately in semiconductor silicon wafer research and

26  development activities in a semiconductor silicon technology

27  research and development facility certified under subparagraph

28  6 5.

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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                                        CS/HB 899, First Engrossed



  1  defense or space technology research and development facility

  2  certified under subparagraph 6.

  3         c.  For purposes of this subparagraph, "machinery and

  4  equipment" includes molds, dies, machine tooling, other

  5  appurtenances or accessories to machinery and equipment,

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

  7  purchased or self-fabricated, and, if self-fabricated,

  8  includes materials and labor for design, fabrication, and

  9  assembly.

10         3.  Building materials used in manufacturing or

11  expanding clean rooms in semiconductor manufacturing

12  facilities are exempt from the tax imposed by this chapter.

13         4.3.  In addition to meeting the criteria mandated by

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

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

16  and Economic Development as authorized in this paragraph in

17  order to qualify for exemption under this paragraph.

18         5.4.  For items purchased tax exempt or partially

19  exempt pursuant to this paragraph, possession of a written

20  certification from the purchaser, certifying the purchaser's

21  entitlement to exemption pursuant to this paragraph, relieves

22  the seller of the responsibility of collecting the amount of

23  tax on the sale of such items that is qualified for the

24  exemption under this paragraph, and the department shall look

25  solely to the purchaser for recovery of tax if it determines

26  that the purchaser was not entitled to the exemption.

27         6.5.a.  To be eligible to receive the exemption

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

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

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

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                                        CS/HB 899, First Engrossed



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

  2  consultation with Enterprise Florida, Inc.

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

  4  submitted application and information and determine whether or

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

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

  7  within 10 working days, evaluate the application and recommend

  8  approval or disapproval of the application to the Office of

  9  Tourism, Trade, and Economic Development.

10         c.  Upon receipt of the application and recommendation

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

12  and Economic Development shall certify within 5 working days

13  those applicants who are found to meet the requirements of

14  this section and notify the applicant, Enterprise Florida,

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

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

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

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

19  within 10 working days that the application for certification

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

21  Tourism, Trade, and Economic Development has final approval

22  authority for certification under this section.

23         7.6.a.  A business certified to receive this exemption

24  may apply once each year for the exemption.

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

26  all eligible expenditures made after the date the business was

27  certified.

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

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

30  Economic Development, which claim indicates and documents the

31  sales and use taxes otherwise payable on eligible machinery


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                                        CS/HB 899, First Engrossed



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

  2  program evaluation purposes only, the average number of

  3  full-time equivalent employees at the facility over the

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

  5  those employees over the preceding calendar year, and the

  6  total investment made in real and tangible personal property

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

  8  tax-exempt purchases and taxes exempted during the previous

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

10  certification. The department shall assist the Office of

11  Tourism, Trade, and Economic Development in evaluating and

12  verifying information provided in the application for

13  exemption.

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

15  Development may use the information reported on the

16  application claims for evaluation purposes only and shall

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

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

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

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

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

22  in conjunction with the annual report required in s.

23  288.095(3)(c).

24         8.7.  A business certified to receive this exemption

25  may elect to designate one or more state universities or

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

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

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

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

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

31  research and development projects as requested by the


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                                        CS/HB 899, First Engrossed



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

  2  real or intellectual property must be vested in the business

  3  unless otherwise agreed to by the business and the university

  4  or community college.

  5         9.8.  As used in this paragraph, the term:

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

  7  time in qualifying research and development.

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

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

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

11  improved products. Research and development does not include

12  market research, routine consumer product testing, sales

13  research, research in the social sciences or psychology,

14  nontechnological activities, or technical services.

15         c.  "Semiconductor Silicon technology products" means

16  raw semiconductor silicon wafers or semiconductor thin films

17  that are transformed into semiconductor memory or logic

18  wafers, including wafers containing mixed memory and logic

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

20  flat panel displays; semiconductor chips; semiconductor

21  lasers; optoelectronic elements; and related semiconductor

22  silicon technology products as determined by the Office of

23  Tourism, Trade, and Economic Development.

24         d.  "Clean rooms" means manufacturing facilities

25  enclosed in a manner that meets the clean manufacturing

26  requirements necessary for high technology semiconductor

27  manufacturing environments.

28         e.  "Defense technology products" means products that

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

30  weapons, weapons systems, guidance systems, surveillance

31  systems, communications or information systems, munitions,


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                                        CS/HB 899, First Engrossed



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

  2  intended for military use and manufactured in performance of a

  3  contract with the United States Department of Defense or the

  4  military branch of a recognized foreign government or a

  5  subcontract thereunder which relates to matters of national

  6  defense.

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

  8  specifically designed or manufactured for application in space

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

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

11  and associated control systems and processing systems. The

12  term does not include products that are designed or

13  manufactured for general commercial aviation or other uses,

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

15  space applications.

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

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