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



                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd 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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  7

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  9

10  ______________________________________________________________

11  Representative(s) Andrews offered the following:

12

13         Amendment (with title amendment) 

14         On page 3, line 16,

15

16  insert:

17         Section 1.  Section 288.1172, Florida Statutes, is

18  created to read:

19         288.1172  Licensing of products or technologies by

20  donor companies to receiving companies; credits and use

21  thereof.--

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

23  growth by providing an incentive for corporations which have

24  developed or patented products or technologies they do not

25  wish to develop further to license those items to companies

26  located in Florida for production and marketing.

27         (2)  As used in this section:

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

29  statement produced by the Department of Revenue for each donor

30  company listing the total amount of credit available to the

31  donor company for all of the product development agreements it

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

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





  1  has entered into. This statement shall also include any

  2  additional information specified in the product development

  3  agreement.

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

  5  submitted by the receiving company to the Department of

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

  7  royalties owed by it under the product development agreement

  8  to the donor company for the preceding tax year which it has

  9  paid to the department. This statement shall also contain any

10  additional information specified in the product development

11  agreement and shall contain a copy of the product development

12  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  this state which has entered into a product development

24  agreement for the purpose of obtaining the right to produce

25  and market a 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 this state. 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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                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

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





  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 within 30

  9  days after filing its corporate income tax return for this

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

11  department.  The department shall be responsible for producing

12  an annual statement of donor credit for each donor company

13  using the information contained in the statements. The donor

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

15  total of the amounts specified in the annual statements of

16  fees due from all receiving companies with which it has

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

18  total amount of credits granted under all annual statements of

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

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

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

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

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

24  statements shall contain the information specified by the

25  product development agreement.  The department shall specify,

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

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

28  department by the receiving company for the preceding tax

29  year, the identities of the receiving companies from which

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

31  company has elected to receive.

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

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





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

  2  specified in the annual statement of donor credit as a

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

  4  a state university's division of sponsored research under

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

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

  7  specified in the annual statement of donor credit.

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

  9  sponsored research at a state university in this state may

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

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

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

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

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

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

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

17  Comptroller to transfer to the appropriate university's

18  division of sponsored research the amount shown on the donor

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

20  Comptroller and the Department of Revenue may promulgate rules

21  to implement this subsection.

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

23  reimbursement for the purchase price paid on the purchase of

24  machinery and equipment which is installed in a Florida

25  manufacturing facility, or for the building materials used in

26  the construction or rehabilitation of a Florida manufacturing

27  facility.  This reimbursement shall be limited to the amount

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

29  company has elected to apply as a purchase reimbursement.

30  Application for such reimbursement shall be made on a form

31  approved by the Department of Revenue and accompanied by any

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

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





  1  supporting documentation required by the department.  The

  2  Department of Revenue may promulgate rules to implement this

  3  subsection.

  4         Section 2.  Section 220.115, Florida Statutes, is

  5  created to read:

  6         220.115  Fees due from receiving companies pursuant to

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

  8  any company which has entered into a product development

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

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

11  the annual statement of fees due which the company has

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

13  under this chapter and a return would not normally be

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

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

16  annual statement of fees due shall be remitted to the

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

18  penalties specified for returns and taxes due under this

19  chapter.  The department may adopt rules requiring the

20  information it considers necessary to ensure that the funds

21  due under this section are properly reported and paid,

22  including, but not limited to, rules relating to the methods,

23  forms (including returns to be filed by the receiving

24  companies), deadlines, and penalties for providing the

25  information required under this section.

26         Section 3.  Section 220.1825, Florida Statutes, is

27  created to read:

28         220.1825  Credit for donor companies pursuant to s.

29  288.1172.--A credit against the tax imposed by this chapter

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

31  product development agreement pursuant to s. 288.1172, and

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

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





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

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

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

  4  due submitted to the Department of Revenue by the receiving

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

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

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

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

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

10         Section 4.  Subsection (8) of section 220.02, Florida

11  Statutes, is amended to read:

12         220.02  Legislative intent.--

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

14  against either the corporate income tax or the franchise tax

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

16  631.828, those enumerated in s. 220.191, those enumerated in

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

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

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

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

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

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

23  220.1825.

24         Section 5.  Paragraph (d) of subsection (6) of section

25  212.20, Florida Statutes, is amended to read:

26         212.20  Funds collected, disposition; additional powers

27  of department; operational expense; refund of taxes

28  adjudicated unconstitutionally collected.--

29         (6)  Distribution of all proceeds under this chapter

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

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

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

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





  1  pursuant to this chapter or remitted pursuant to s.

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

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

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

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

  6  other taxes and fees imposed pursuant to this chapter or

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

  8  deposited in monthly installments into the General Revenue

  9  Fund.

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

11  the Solid Waste Management Trust Fund.

12         3.  After the distribution under subparagraphs 1. and

13  2., 9.653 percent of the amount remitted by a sales tax dealer

14  located within a participating county pursuant to s. 218.61

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

16  Tax Clearing Trust Fund.

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

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

19  Government Half-cent Sales Tax Clearing Trust Fund and

20  distributed pursuant to s. 218.65.

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

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

23  percent of the available proceeds pursuant to this paragraph

24  shall be transferred monthly to the Revenue Sharing Trust Fund

25  for Counties pursuant to s. 218.215.

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

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

28  1.0715 percent of the available proceeds pursuant to this

29  paragraph shall be transferred monthly to the Revenue Sharing

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

31  total revenue to be distributed pursuant to this subparagraph

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

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





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

  2  Sharing Trust Fund for Municipalities and the Municipal

  3  Financial Assistance Trust Fund in state fiscal year

  4  1999-2000, no municipality shall receive less than the amount

  5  due from the Revenue Sharing Trust Fund for Municipalities and

  6  the Municipal Financial Assistance Trust Fund in state fiscal

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

  8  less than the amount received in combination from the Revenue

  9  Sharing Trust Fund for Municipalities and the Municipal

10  Financial Assistance Trust Fund in state fiscal year

11  1999-2000, each municipality shall receive an amount

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

13  1999-2000.

14         7.  Of the remaining proceeds:

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

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

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

18  part shall be distributed to each county.  The distribution

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

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

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

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

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

24  district school board, special district, or a municipal

25  government, such payment shall continue until such time that

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

27  covenants with holders of bonds or other instruments of

28  indebtedness issued by local governments, special districts,

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

30  not the intent of this subparagraph to adversely affect the

31  rights of those holders or relieve local governments, special

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

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





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

  2  obligations as a result of previous pledges or assignments or

  3  trusts entered into which obligated funds received from the

  4  distribution to county governments under then-existing s.

  5  550.135.  This distribution specifically is in lieu of funds

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

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

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

  9  certified as a "facility for a new professional sports

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

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

12  distributed monthly by the department to each applicant that

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

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

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

16  all certified facilities for a retained spring training

17  franchise. Distributions shall begin 60 days following such

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

19  Nothing contained in this paragraph shall be construed to

20  allow an applicant certified pursuant to s. 288.1162 to

21  receive more in distributions than actually expended by the

22  applicant for the public purposes provided for in s.

23  288.1162(6). However, a certified applicant is entitled to

24  receive distributions up to the maximum amount allowable and

25  undistributed under this section for additional renovations

26  and improvements to the facility for the franchise without

27  additional certification.

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

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

30  Revenue that an applicant has been certified as the

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

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

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





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

  2  up to 300 months, to the applicant.

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

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

  5  Revenue that the applicant has been certified as the

  6  International Game Fish Association World Center facility

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

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

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

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

11  $999,996 shall be made, after certification and before July 1,

12  2000.

13         e.  Within 90 days after issuance of the annual

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

15  Economic Development to the Department of Revenue certifying

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

17  purchase price refund or payment for sponsored research

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

19  amount to each corporation using proceeds as provided in this

20  subparagraph.

21         8.  All other proceeds shall remain with the General

22  Revenue Fund.

23

24

25  ================ T I T L E   A M E N D M E N T ===============

26  And the title is amended as follows:

27         On page 1, line 2, after the semicolon

28

29  insert:

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

31         definitions; providing for licensing of certain

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

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





  1         products or technologies by donor companies to

  2         receiving companies for production and

  3         marketing; providing duties of such companies

  4         and the Department of Revenue; providing

  5         requirements for product development

  6         agreements; providing that donor companies may

  7         be granted a credit which may be used to fund

  8         sponsored research at a state university, as

  9         reimbursement for the purchase of machinery,

10         equipment, or building supplies used in a

11         Florida manufacturing facility, or as a

12         corporate income tax credit; requiring the

13         office to certify certain amounts to the

14         department; requiring the department to make

15         certain distributions; authorizing donor

16         companies to elect to change the type of

17         credit, payment, or reimbursement under certain

18         circumstances; providing requirements for such

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

20         receiving companies to file a corporate tax

21         return and remit to the state certain fees in

22         addition to any corporate income tax due;

23         relieving receiving companies of payments to

24         donor companies under certain circumstances;

25         providing remedies against a donor company when

26         a receiving company fails to remit funds;

27         providing for application of administrative and

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

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

30         against the corporate income tax for donor

31         companies that so elect; providing for

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

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





  1         carryover of the credit; providing for rules;

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

  3         credits against the corporate income tax;

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

  5         Department of Revenue to make certain

  6         distributions within a time certain under

  7         certain circumstances;

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