House Bill hb0289e1

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                                        CS/HB 289, First Engrossed



  1                      A bill to be entitled

  2         An act relating to incentives to promote new

  3         product development; providing a short title;

  4         creating s. 288.1172, F.S.; providing

  5         definitions; providing for licensing of certain

  6         products or technologies by donor companies to

  7         receiving companies for production and

  8         marketing; providing duties of such companies

  9         and the Department of Revenue; providing

10         requirements for product development

11         agreements; providing that donor companies may

12         be granted a credit which may be used to fund

13         sponsored research at a state university, as

14         reimbursement for the purchase of machinery,

15         equipment, or building supplies used in a

16         Florida manufacturing facility, or as a

17         corporate income tax credit; requiring the

18         office to certify certain amounts to the

19         department; requiring the department to make

20         certain distributions; authorizing donor

21         companies to elect to change the type of

22         credit, payment, or reimbursement under certain

23         circumstances; providing requirements for such

24         election; creating s. 220.115, F.S.; requiring

25         receiving companies to file a corporate tax

26         return and remit to the state certain fees in

27         addition to any corporate income tax due;

28         relieving receiving companies of payments to

29         donor companies under certain circumstances;

30         providing remedies against a donor company when

31         a receiving company fails to remit funds;


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                                        CS/HB 289, First Engrossed



  1         providing for application of administrative and

  2         penalty provisions of ch. 220, F.S.; creating

  3         s. 220.1825, F.S.; providing for a credit

  4         against the corporate income tax for donor

  5         companies that so elect; providing for

  6         carryover of the credit; providing for rules;

  7         amending s. 220.02, F.S.; providing order of

  8         credits against the corporate income tax;

  9         amending s. 212.20, F.S.; requiring the

10         Department of Revenue to make certain

11         distributions within a time certain under

12         certain circumstances; providing an effective

13         date.

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

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

18  Transfer Enhancement Act."

19         Section 2.  Section 288.1172, Florida Statutes, is

20  created to read:

21         288.1172  Licensing of products or technologies by

22  donor companies to receiving companies; credits and use

23  thereof.--

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

25  growth by providing an incentive for corporations which have

26  developed or patented products or technologies they do not

27  wish to develop further to license those items to companies

28  located in Florida for production and marketing.

29         (2)  As used in this section:

30         (a)  "Annual statement of donor credit" means the

31  statement produced by the Department of Revenue for each donor


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                                        CS/HB 289, First Engrossed



  1  company listing the total amount of credit available to the

  2  donor company for all of the product development agreements it

  3  has entered into. This statement shall also include any

  4  additional information specified in the product development

  5  agreement.

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

  7  submitted by the receiving company to the Department of

  8  Revenue each year, which lists the amount of fees and

  9  royalties owed by it under the product development agreement

10  to the donor company for the preceding calendar year. This

11  statement shall also contain any additional information

12  specified in the product development agreement.

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

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

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

16  itself and which has entered into a product development

17  agreement.

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

19  or series of contracts which provides the receiving company

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

21  which was developed or patented by the donor company.

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

23  Florida which has entered into a product development agreement

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

25  product or technology from a donor company.

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

27  development agreement shall specify that a minimum of 75

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

29  product or technology shall be located in Florida. In

30  addition, the agreement shall specify the amount of

31  compensation to be remitted by the receiving company for the


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                                        CS/HB 289, First Engrossed



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

  2  to receive. The agreement shall further provide for submission

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

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

  5  and the Department of Revenue and shall specify the

  6  information to be included in the statement.

  7         (4)  Each receiving company shall submit an annual

  8  statement of fees due to the Department of Revenue by February

  9  1 each year, in a format developed by the department.  The

10  department shall be responsible for producing an annual

11  statement of donor credit for each donor company using the

12  information contained in the statements. The donor credit for

13  each donor company shall equal 94.5 percent of the total of

14  the amounts specified in the annual statements of fees due

15  from all receiving companies with which it has entered into a

16  product development agreement. In any year the total amount of

17  credits granted under all annual statements of donor credit

18  shall not exceed 94.5 percent of the amount due to the state

19  under all annual statements of fees due.

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

21  statement of donor credit to each donor company by March 1

22  each year. These statements shall contain the information

23  specified by the product development agreement.  The

24  department shall specify, in a format developed by the

25  department, the amount of credit due to each donor company,

26  the identities of the receiving companies from which those

27  credits originated, and the type of credit the donor company

28  has elected to receive.

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

30  specified in the annual statement of donor credit as a

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


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                                        CS/HB 289, First Engrossed



  1  a state university's division of sponsored research under

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

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

  4  specified in the annual statement of donor credit.

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

  6  sponsored research at a state university in this state may

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

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

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

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

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

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

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

14  Comptroller to transfer to the appropriate university's

15  division of sponsored research the amount shown on the donor

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

17  Comptroller and the Department of Revenue may promulgate rules

18  to implement this subsection.

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

20  reimbursement for the purchase price paid on the purchase of

21  machinery and equipment which is installed in a Florida

22  manufacturing facility, or for the building materials used in

23  the construction or rehabilitation of a Florida manufacturing

24  facility.  This reimbursement shall be limited to the amount

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

26  company has elected to apply as a purchase reimbursement.

27  Application for such reimbursement shall be made on a form

28  approved by the Department of Revenue and accompanied by any

29  supporting documentation required by the department.  The

30  Department of Revenue may promulgate rules to implement this

31  subsection.


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                                        CS/HB 289, First Engrossed



  1         Section 3.  Section 220.115, Florida Statutes, is

  2  created to read:

  3         220.115  Fees due from receiving companies pursuant to

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

  5  any company which has entered into a product development

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

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

  8  statement of fees due which the company has submitted to the

  9  Department of Revenue. Even if no tax is due under this

10  chapter and a return would not normally be required, a Florida

11  corporate income tax return shall be filed by the receiving

12  company, and the funds listed on the annual statement of fees

13  due shall be remitted to the department, subject to all filing

14  requirements, fines, and penalties specified for returns and

15  taxes due under this chapter.  The department may adopt rules

16  requiring the information that it considers necessary to

17  ensure that the funds due under this section are properly

18  reported and paid, including, but not limited to, rules

19  relating to the methods, forms (including returns to be filed

20  by the receiving companies), deadlines, and penalties for

21  providing the information required under this section.

22         Section 4.  Section 220.1825, Florida Statutes, is

23  created to read:

24         220.1825  Credit for donor companies pursuant to s.

25  288.1172.--A credit against the tax imposed by this chapter

26  shall be allowed to a donor company which has entered into a

27  product development agreement pursuant to s. 288.1172, and

28  which has elected to apply its donor credit as a corporate

29  income tax credit.  Such credit shall be limited to 94.5

30  percent of the amount stated in the annual statement of fees

31  due submitted to the Department of Revenue by the receiving


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                                        CS/HB 289, First Engrossed



  1  companies. If any credit granted under this section is not

  2  fully used in the first year for which it becomes available,

  3  the unused amount may be carried forward for a period not to

  4  exceed 5 years.  The Department of Revenue may adopt rules

  5  relating to the method of reporting and claiming this credit.

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

  7  Statutes, is amended to read:

  8         220.02  Legislative intent.--

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

10  against either the corporate income tax or the franchise tax

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

12  631.828, those enumerated in s. 220.191, those enumerated in

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

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

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

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

17  those enumerated in s. 220.19, those enumerated in s. 220.185,

18  and those enumerated in s. 220.187, and those enumerated in s.

19  220.1825.

20         Section 6.  Paragraph (d) of subsection (6) of section

21  212.20, Florida Statutes, is amended to read:

22         212.20  Funds collected, disposition; additional powers

23  of department; operational expense; refund of taxes

24  adjudicated unconstitutionally collected.--

25         (6)  Distribution of all proceeds under this chapter

26  and s. 202.18(1)(b) and (2)(b) shall be as follows:

27         (d)  The proceeds of all other taxes and fees imposed

28  pursuant to this chapter or remitted pursuant to s.

29  202.18(1)(b) and (2)(b) shall be distributed as follows:

30         1.  In any fiscal year, the greater of $500 million,

31  minus an amount equal to 4.6 percent of the proceeds of the


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                                        CS/HB 289, First Engrossed



  1  taxes collected pursuant to chapter 201, or 5 percent of all

  2  other taxes and fees imposed pursuant to this chapter or

  3  remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be

  4  deposited in monthly installments into the General Revenue

  5  Fund.

  6         2.  Two-tenths of one percent shall be transferred to

  7  the Solid Waste Management Trust Fund.

  8         3.  After the distribution under subparagraphs 1. and

  9  2., 9.653 percent of the amount remitted by a sales tax dealer

10  located within a participating county pursuant to s. 218.61

11  shall be transferred into the Local Government Half-cent Sales

12  Tax Clearing Trust Fund.

13         4.  After the distribution under subparagraphs 1., 2.,

14  and 3., 0.065 percent shall be transferred to the Local

15  Government Half-cent Sales Tax Clearing Trust Fund and

16  distributed pursuant to s. 218.65.

17         5.  For proceeds received after July 1, 2000, and after

18  the distributions under subparagraphs 1., 2., 3., and 4., 2.25

19  percent of the available proceeds pursuant to this paragraph

20  shall be transferred monthly to the Revenue Sharing Trust Fund

21  for Counties pursuant to s. 218.215.

22         6.  For proceeds received after July 1, 2000, and after

23  the distributions under subparagraphs 1., 2., 3., and 4.,

24  1.0715 percent of the available proceeds pursuant to this

25  paragraph shall be transferred monthly to the Revenue Sharing

26  Trust Fund for Municipalities pursuant to s. 218.215. If the

27  total revenue to be distributed pursuant to this subparagraph

28  is at least as great as the amount due from the Revenue

29  Sharing Trust Fund for Municipalities and the Municipal

30  Financial Assistance Trust Fund in state fiscal year

31  1999-2000, no municipality shall receive less than the amount


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                                        CS/HB 289, First Engrossed



  1  due from the Revenue Sharing Trust Fund for Municipalities and

  2  the Municipal Financial Assistance Trust Fund in state fiscal

  3  year 1999-2000. If the total proceeds to be distributed are

  4  less than the amount received in combination from the Revenue

  5  Sharing Trust Fund for Municipalities and the Municipal

  6  Financial Assistance Trust Fund in state fiscal year

  7  1999-2000, each municipality shall receive an amount

  8  proportionate to the amount it was due in state fiscal year

  9  1999-2000.

10         7.  Of the remaining proceeds:

11         a.  Beginning July 1, 2000, and in each fiscal year

12  thereafter, the sum of $29,915,500 shall be divided into as

13  many equal parts as there are counties in the state, and one

14  part shall be distributed to each county.  The distribution

15  among the several counties shall begin each fiscal year on or

16  before January 5th and shall continue monthly for a total of 4

17  months.  If a local or special law required that any moneys

18  accruing to a county in fiscal year 1999-2000 under the

19  then-existing provisions of s. 550.135 be paid directly to the

20  district school board, special district, or a municipal

21  government, such payment shall continue until such time that

22  the local or special law is amended or repealed.  The state

23  covenants with holders of bonds or other instruments of

24  indebtedness issued by local governments, special districts,

25  or district school boards prior to July 1, 2000, that it is

26  not the intent of this subparagraph to adversely affect the

27  rights of those holders or relieve local governments, special

28  districts, or district school boards of the duty to meet their

29  obligations as a result of previous pledges or assignments or

30  trusts entered into which obligated funds received from the

31  distribution to county governments under then-existing s.


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                                        CS/HB 289, First Engrossed



  1  550.135.  This distribution specifically is in lieu of funds

  2  distributed under s. 550.135 prior to July 1, 2000.

  3         b.  The department shall distribute $166,667 monthly

  4  pursuant to s. 288.1162 to each applicant that has been

  5  certified as a "facility for a new professional sports

  6  franchise" or a "facility for a retained professional sports

  7  franchise" pursuant to s. 288.1162. Up to $41,667 shall be

  8  distributed monthly by the department to each applicant that

  9  has been certified as a "facility for a retained spring

10  training franchise" pursuant to s. 288.1162; however, not more

11  than $208,335 may be distributed monthly in the aggregate to

12  all certified facilities for a retained spring training

13  franchise. Distributions shall begin 60 days following such

14  certification and shall continue for not more than 30 years.

15  Nothing contained in this paragraph shall be construed to

16  allow an applicant certified pursuant to s. 288.1162 to

17  receive more in distributions than actually expended by the

18  applicant for the public purposes provided for in s.

19  288.1162(6). However, a certified applicant is entitled to

20  receive distributions up to the maximum amount allowable and

21  undistributed under this section for additional renovations

22  and improvements to the facility for the franchise without

23  additional certification.

24         c.  Beginning 30 days after notice by the Office of

25  Tourism, Trade, and Economic Development to the Department of

26  Revenue that an applicant has been certified as the

27  professional golf hall of fame pursuant to s. 288.1168 and is

28  open to the public, $166,667 shall be distributed monthly, for

29  up to 300 months, to the applicant.

30         d.  Beginning 30 days after notice by the Office of

31  Tourism, Trade, and Economic Development to the Department of


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                                        CS/HB 289, First Engrossed



  1  Revenue that the applicant has been certified as the

  2  International Game Fish Association World Center facility

  3  pursuant to s. 288.1169, and the facility is open to the

  4  public, $83,333 shall be distributed monthly, for up to 168

  5  months, to the applicant. This distribution is subject to

  6  reduction pursuant to s. 288.1169.  A lump sum payment of

  7  $999,996 shall be made, after certification and before July 1,

  8  2000.

  9         e.  Within 90 days after issuance of the annual

10  statement of donor credit by the Office of Tourism, Trade, and

11  Economic Development to the Department of Revenue certifying

12  the amount to be paid to each corporation that is due a

13  purchase price refund or payment for sponsored research

14  pursuant to s. 288.1172, the department shall distribute such

15  amount to each corporation using proceeds as provided in this

16  subparagraph.

17         8.  All other proceeds shall remain with the General

18  Revenue Fund.

19         Section 7.  This act shall take effect January 1, 2003.

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