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



                                                   HOUSE AMENDMENT

    571-181CXB-32                     Bill No. CS/HB 289, 1st Eng.

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Andrews offered the following:

12

13         Amendment 

14         On page 3, line 10, through page 6, line 16,

15  remove:

16

17  and insert:  to the donor company for the preceding tax year

18  which it has paid to the department. This statement shall also

19  contain any additional information specified in the product

20  development agreement and shall contain a copy of the product

21  development agreement.

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

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

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

25  itself and which has entered into a product development

26  agreement.

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

28  or series of contracts which provides the receiving company

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

30  which was developed or patented by the donor company.

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

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                                                   HOUSE AMENDMENT

    571-181CXB-32                     Bill No. CS/HB 289, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  this state which has entered into a product development

  2  agreement for the purpose of obtaining the right to produce

  3  and market a product or technology from a donor company.

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

  5  development agreement shall specify that a minimum of 75

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

  7  product or technology shall be located in this state. In

  8  addition, the agreement shall specify the amount of

  9  compensation to be remitted by the receiving company for the

10  license, and the type of credit the donor company has elected

11  to receive. The agreement shall further provide for submission

12  by the receiving company of an annual statement of fees due to

13  both the Office of Tourism, Trade, and Economic Development

14  and the Department of Revenue and shall specify the

15  information to be included in the statement.

16         (4)  Each receiving company shall submit an annual

17  statement of fees due to the Department of Revenue within 30

18  days after filing its corporate income tax return for this

19  state for the preceding tax year, in a format developed by the

20  department.  The department shall be responsible for producing

21  an annual statement of donor credit for each donor company

22  using the information contained in the statements. The donor

23  credit for each donor company shall equal 94.5 percent of the

24  total of the amounts specified in the annual statements of

25  fees due from all receiving companies with which it has

26  entered into a product development agreement. In any year the

27  total amount of credits granted under all annual statements of

28  donor credit shall not exceed 94.5 percent of the amount due

29  to the state under all annual statements of fees due.

30         (5)  The Department of Revenue shall send the annual

31  statement of donor credit to each donor company within 90 days

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                                                   HOUSE AMENDMENT

    571-181CXB-32                     Bill No. CS/HB 289, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  after the receipt of the annual statement of fees due. These

  2  statements shall contain the information specified by the

  3  product development agreement.  The department shall specify,

  4  in a format developed by the department, the amount of credit

  5  due to each donor company based upon the funds paid to the

  6  department by the receiving company for the preceding tax

  7  year, the identities of the receiving companies from which

  8  those credits originated, and the type of credit the donor

  9  company has elected to receive.

10         (6)  The donor company may elect to apply the amount

11  specified in the annual statement of donor credit as a

12  corporate income tax credit under s. 220.1825, as a payment to

13  a state university's division of sponsored research under

14  subsection (8), or as a purchase price refund under subsection

15  (9).  In no case shall the combined benefits exceed the amount

16  specified in the annual statement of donor credit.

17         (7)  A donor company which is providing funding for

18  sponsored research at a state university in this state may

19  elect to use its donor credit to fund such research.  If the

20  donor company elects to apply its donor credit in this manner,

21  it shall submit this request to the Department of Revenue on a

22  form approved by the department.  At a minimum, the form shall

23  specify the donor company, the research being sponsored, and

24  the state university at which the research is being conducted.

25  The Department of Revenue shall then request the Office of the

26  Comptroller to transfer to the appropriate university's

27  division of sponsored research the amount shown on the donor

28  company's annual statement of donor credit.  The Office of the

29  Comptroller and the Department of Revenue may promulgate rules

30  to implement this subsection.

31         (8)  A donor company shall be eligible to receive a

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                                                   HOUSE AMENDMENT

    571-181CXB-32                     Bill No. CS/HB 289, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  reimbursement for the purchase price paid on the purchase of

  2  machinery and equipment which is installed in a Florida

  3  manufacturing facility, or for the building materials used in

  4  the construction or rehabilitation of a Florida manufacturing

  5  facility.  This reimbursement shall be limited to the amount

  6  shown on the annual statement of donor credit which the donor

  7  company has elected to apply as a purchase reimbursement.

  8  Application for such reimbursement shall be made on a form

  9  approved by the Department of Revenue and accompanied by any

10  supporting documentation required by the department.  The

11  Department of Revenue may promulgate rules to implement this

12  subsection.

13         Section 3.  Section 220.115, Florida Statutes, is

14  created to read:

15         220.115  Fees due from receiving companies pursuant to

16  s. 288.1172.--In addition to the tax imposed by this chapter,

17  any company which has entered into a product development

18  agreement pursuant to s. 288.1172 as a receiving company shall

19  remit to the state the funds listed as paid to the state on

20  the annual statement of fees due which the company has

21  submitted to the Department of Revenue. Even if no tax is due

22  under this chapter and a return would not normally be

23  required, a Florida corporate income tax return shall be filed

24  by the receiving company, and the funds to be listed on the

25  annual statement of fees due shall be remitted to the

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

27  penalties specified for returns and taxes due under this

28  chapter.  The department may adopt rules requiring the

29  information it considers necessary to

30

31

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    File original & 9 copies    03/14/02
    hbd0022                     10:04 am         00289-0087-540517