House Bill hb1215

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    Florida House of Representatives - 2001                HB 1215

        By Representative Andrews






  1                      A bill to be entitled

  2         An act relating to a corporate income tax

  3         credit to promote new product development;

  4         providing a short title; creating s. 288.907,

  5         F.S.; providing definitions; providing for

  6         licensing of certain products or technologies

  7         by donor companies to receiving companies for

  8         production and marketing; providing duties of

  9         such companies and of Enterprise Florida, Inc.;

10         providing requirements for product development

11         agreements; creating s. 220.115, F.S.;

12         requiring receiving companies to file a

13         corporate tax return and remit to the state

14         certain fees in addition to any corporate

15         income tax due; providing for application of

16         administrative and penalty provisions of ch.

17         220, F.S.; creating s. 220.1825, F.S.;

18         providing for a credit against the corporate

19         income tax for donor companies; providing for

20         determination of the amount of the credit by

21         Enterprise Florida, Inc., and notification to

22         the Department of Revenue; providing for

23         carryover of the credit; amending s. 220.02,

24         F.S.; providing order of credits against the

25         tax; providing an effective date.

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

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29         Section 1.  This act may be cited as the "New Product

30  Transfer Enhancement Act."

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  1         Section 2.  Section 288.907, Florida Statutes, is

  2  created to read:

  3         288.907  Licensing of products or technologies by donor

  4  companies to receiving companies; tax credits.--

  5         (1)  The purpose of this section is to promote economic

  6  growth by providing an incentive for corporations which have

  7  developed or patented products or technologies they do not

  8  wish to develop further to license those items to companies

  9  located in Florida for production and marketing.

10         (2)  As used in this section:

11         (a)  "Annual statement of corporate tax credit" means

12  the statement produced by Enterprise Florida, Inc., for each

13  donor company listing the total amount of credit available to

14  the donor company for all of the product development

15  agreements it has entered into. This statement shall also

16  include any additional information specified in the product

17  development agreement.

18         (b)  "Annual statement of fees due" means the statement

19  submitted by the receiving company to Enterprise Florida,

20  Inc., and the Department of Revenue each year, which lists the

21  amount of fees and royalties owed by it under the product

22  development agreement to the donor company for the preceding

23  calendar year. This statement shall contain any additional

24  information specified in the product development agreement.

25         (c)  "Donor company" means an entity subject to the tax

26  imposed by chapter 220 which has developed or holds the patent

27  for a product or technology that it does not wish to develop

28  itself and which has entered into a product development

29  agreement.

30         (d)  "Product development agreement" means a contract

31  or series of contracts which provides the receiving company

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    Florida House of Representatives - 2001                HB 1215

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  1  with the right to produce and market a product or technology

  2  which was developed or patented by the donor company.

  3         (e)  "Receiving company" means a business operating in

  4  Florida which has entered into a product development agreement

  5  for the purpose of obtaining the right to produce and market a

  6  product or technology from a donor company.

  7         (3)  Enterprise Florida, Inc., shall actively seek out

  8  corporations which may be interested in becoming donor

  9  companies and Florida businesses which may be interested in

10  becoming receiving companies and attempt to facilitate the

11  formation of product development agreements.

12         (4)  To qualify under this section, a product

13  development agreement shall specify that a minimum of 75

14  percent of the jobs created by the production of the new

15  product or technology shall be located in Florida. In

16  addition, the agreement shall specify the amount of

17  compensation to be remitted by the receiving company for the

18  license. The agreement shall further provide for submission by

19  the receiving company of an annual statement of fees due to

20  both Enterprise Florida, Inc., and the Department of Revenue

21  and specify the information to be included in the statement.

22         (5)  Each receiving company shall submit an annual

23  statement of fees due to Enterprise Florida, Inc., and the

24  Department of Revenue by February 1 each year, in a format

25  approved by Enterprise Florida, Inc. Enterprise Florida, Inc.,

26  shall be responsible for producing an annual statement of

27  corporate tax credit for each donor companies using the

28  information contained in the statements. The corporate tax

29  credit for each donor company shall equal the total of the

30  amounts specified in the annual statements of fees due from

31  all receiving companies with which it has entered a product

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    Florida House of Representatives - 2001                HB 1215

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  1  development agreement. In any year the total amount of credits

  2  granted under all annual statements of corporate tax credit

  3  shall not exceed the amount due to the state under all annual

  4  statements of fees due.

  5         (6)  Enterprise Florida, Inc., shall send the annual

  6  statement of corporate tax credit to each donor company by

  7  March 1 each year. These statements shall contain the

  8  information specified by the product development agreement.

  9  Enterprise Florida, Inc., shall also submit to the Department

10  of Revenue a statement, in a format approved by the

11  department, which specifies the amount of tax credit due to

12  each donor company and the identities of the receiving

13  companies from which those credits originated.

14         Section 3.  Section 220.115, Florida Statutes, is

15  created to read:

16         220.115  Fees due from receiving companies pursuant to

17  s. 288.907.--In addition to the tax imposed by this chapter,

18  any company that has entered into a product development

19  agreement pursuant to s. 288.907 as a receiving company shall

20  remit to the state the funds listed as due on the annual

21  statement of fees due which the company has submitted to both

22  Enterprise Florida, Inc., and the Department of Revenue. Even

23  if no tax is due under this chapter and a return would not

24  normally be required, a Florida corporate income tax return

25  shall be filed by the receiving company, and the funds listed

26  on the annual statement of fees due shall be remitted to the

27  department, subject to all filing requirements, fines, and

28  penalties specified for returns and taxes due under this

29  chapter.

30         Section 4.  Section 220.1825, Florida Statutes, is

31  created to read:

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  1         220.1825  Credit for donor companies pursuant to s.

  2  288.907.--A credit against the tax imposed by this chapter

  3  shall be allowed to a donor company that has entered into a

  4  product development agreement pursuant to s. 288.907, which

  5  credit shall be limited to the amount stated in the annual

  6  statement of corporate tax credit provided to the company by

  7  Enterprise Florida, Inc. If any credit granted under this

  8  section is not fully used in the first year for which it

  9  becomes available, the unused amount may be carried forward

10  for a period not to exceed 5 years.

11         Section 5.  Subsection (8) of section 220.02, Florida

12  Statutes, is amended to read:

13         220.02  Legislative intent.--

14         (8)  It is the intent of the Legislature that credits

15  against either the corporate income tax or the franchise tax

16  be applied in the following order: those enumerated in s.

17  631.828, those enumerated in s. 220.191, those enumerated in

18  s. 220.181, those enumerated in s. 220.183, those enumerated

19  in s. 220.182, those enumerated in s. 220.1895, those

20  enumerated in s. 221.02, those enumerated in s. 220.184, those

21  enumerated in s. 220.186, those enumerated in s. 220.1845,

22  those enumerated in s. 220.19, and those enumerated in s.

23  220.185, and those enumerated in s. 220.1825.

24         Section 6.  This act shall take effect January 1, 2002.

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    Florida House of Representatives - 2001                HB 1215

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  2                          HOUSE SUMMARY

  3
      Creates the New Product Transfer Enhancement Act.
  4    Provides for licensing of certain products or
      technologies by donor companies to receiving companies
  5    for production and marketing. Provides duties of such
      companies and of Enterprise Florida, Inc. Provides
  6    requirements for product development agreements. Requires
      receiving companies to file a corporate tax return and
  7    remit to the state certain fees in addition to any
      corporate income tax due. Provides for application of
  8    administrative and penalty provisions of ch. 220, F.S.
      Provides for a credit against the corporate income tax
  9    for donor companies. Provides for determination of the
      amount of the credit by Enterprise Florida, Inc., and
10    notification to the Department of Revenue. Provides for
      carryover of the credit.
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