House Bill hb0633

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    Florida House of Representatives - 2001                 HB 633

        By Representatives Hart, Haridopolos, Waters and Miller






  1                      A bill to be entitled

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

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

  4         providing a full, rather than partial,

  5         exemption for machinery and equipment used to

  6         produce defense or space technology products or

  7         used in defense or space research and

  8         development activities; providing an effective

  9         date.

10

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

12

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

14  212.08, Florida Statutes, is amended to read:

15         212.08  Sales, rental, use, consumption, distribution,

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

17  the rental, the use, the consumption, the distribution, and

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

19  following are hereby specifically exempt from the tax imposed

20  by this chapter.

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

22         (j)  Machinery and equipment used in semiconductor,

23  defense, or space technology production and research and

24  development.--

25         1.a.  Industrial machinery and equipment used in

26  semiconductor technology facilities certified under

27  subparagraph 6. to manufacture, process, compound, or produce

28  semiconductor technology products for sale or for use by these

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

30  For purposes of this paragraph, industrial machinery and

31  equipment includes molds, dies, machine tooling, other

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  1  appurtenances or accessories to machinery and equipment,

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

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

  4  includes materials and labor for design, fabrication, and

  5  assembly.

  6         b.  Industrial machinery and equipment used in defense

  7  or space technology facilities certified under subparagraph 6.

  8  to manufacture, process, compound, or produce defense

  9  technology products or space technology products for sale or

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

11  tax imposed by this chapter.

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

13  imposed by this chapter if used predominately in semiconductor

14  wafer research and development activities in a semiconductor

15  technology research and development facility certified under

16  subparagraph 6. For purposes of this paragraph, machinery and

17  equipment includes molds, dies, machine tooling, other

18  appurtenances or accessories to machinery and equipment,

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

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

21  includes materials and labor for design, fabrication, and

22  assembly.

23         b.  Machinery and equipment are exempt from 25 percent

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

25  defense or space research and development activities in a

26  defense or space technology research and development facility

27  certified under subparagraph 6.

28         3.  Building materials purchased for use in

29  manufacturing or expanding clean rooms in

30  semiconductor-manufacturing facilities are exempt from the tax

31  imposed by this chapter.

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  1         4.  In addition to meeting the criteria mandated by

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

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

  4  and Economic Development as authorized in this paragraph in

  5  order to qualify for exemption under this paragraph.

  6         5.  For items purchased tax exempt pursuant to this

  7  paragraph, possession of a written certification from the

  8  purchaser, certifying the purchaser's entitlement to exemption

  9  pursuant to this paragraph, relieves the seller of the

10  responsibility of collecting the tax on the sale of such

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

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

13  not entitled to the exemption.

14         6.a.  To be eligible to receive the exemption provided

15  by subparagraph 1., subparagraph 2., or subparagraph 3., a

16  qualifying business entity shall apply to Enterprise Florida,

17  Inc. The application shall be developed by the Office of

18  Tourism, Trade, and Economic Development in consultation with

19  Enterprise Florida, Inc.

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

21  submitted application and information and determine whether or

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

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

24  within 10 working days, evaluate the application and recommend

25  approval or disapproval of the application to the Office of

26  Tourism, Trade, and Economic Development.

27         c.  Upon receipt of the application and recommendation

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

29  and Economic Development shall certify within 5 working days

30  those applicants who are found to meet the requirements of

31  this section and notify the applicant, Enterprise Florida,

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

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

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

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

  5  within 10 working days that the application for certification

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

  7  Tourism, Trade, and Economic Development has final approval

  8  authority for certification under this section.

  9         7.a.  A business may apply once each year for the

10  exemption.

11         b.  The application must indicate, for program

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

13  equivalent employees at the facility over the preceding

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

15  employees over the preceding calendar year, the total

16  investment made in real and tangible personal property over

17  the preceding calendar year, and the total value of tax-exempt

18  purchases and taxes exempted during the previous year. The

19  department shall assist the Office of Tourism, Trade, and

20  Economic Development in evaluating and verifying information

21  provided in the application for exemption.

22         c.  The Office of Tourism, Trade, and Economic

23  Development may use the information reported on the

24  application for evaluation purposes only and shall prepare an

25  annual report on the exemption program and its cost and

26  impact. The annual report for the preceding fiscal year shall

27  be submitted to the Governor, the President of the Senate, and

28  the Speaker of the House of Representatives by September 30 of

29  each fiscal year. This report may be submitted in conjunction

30  with the annual report required in s. 288.095(3)(c).

31

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  1         8.  A business certified to receive this exemption may

  2  elect to designate one or more state universities or community

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

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

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

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

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

  8  development projects as requested by the certified business.

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

10  property must be vested in the business unless otherwise

11  agreed to by the business and the university or community

12  college.

13         9.  As used in this paragraph, the term:

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

15  time in qualifying research and development.

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

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

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

19  improved products. Research and development does not include

20  market research, routine consumer product testing, sales

21  research, research in the social sciences or psychology,

22  nontechnological activities, or technical services.

23         c.  "Semiconductor technology products" means raw

24  semiconductor wafers or semiconductor thin films that are

25  transformed into semiconductor memory or logic wafers,

26  including wafers containing mixed memory and logic circuits;

27  related assembly and test operations; active-matrix flat panel

28  displays; semiconductor chips; semiconductor lasers;

29  optoelectronic elements; and related semiconductor technology

30  products as determined by the Office of Tourism, Trade, and

31  Economic Development.

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  1         d.  "Clean rooms" means manufacturing facilities

  2  enclosed in a manner that meets the clean manufacturing

  3  requirements necessary for high-technology

  4  semiconductor-manufacturing environments.

  5         e.  "Defense technology products" means products that

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

  7  weapons, weapons systems, guidance systems, surveillance

  8  systems, communications or information systems, munitions,

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

10  intended for military use and manufactured in performance of a

11  contract with the United States Department of Defense or the

12  military branch of a recognized foreign government or a

13  subcontract thereunder which relates to matters of national

14  defense.

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

16  specifically designed or manufactured for application in space

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

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

19  and associated control systems and processing systems. The

20  term does not include products that are designed or

21  manufactured for general commercial aviation or other uses

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

23  space applications.

24         Section 2.  This act shall take effect January 1, 2002.

25

26            *****************************************

27                          HOUSE SUMMARY

28
      Increases the 25 percent sales tax exemption for
29    machinery and equipment used to produce defense or space
      technology products or used in defense or space research
30    and development activities to a full exemption.

31

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