1 | The Economic Development, Trade & Banking Committee recommends |
2 | the following: |
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4 | Council/Committee Substitute |
5 | Remove the entire bill and insert: |
6 | A bill to be entitled |
7 | An act relating to the tax on sales, use, and other |
8 | transactions; amending s. 212.052, F.S.; deleting an |
9 | exception to an exemption from the tax for research or |
10 | development costs; providing an exemption for machinery |
11 | and equipment used predominantly for research and |
12 | development activities; defining the terms "predominantly" |
13 | and "machinery and equipment"; authorizing a business to |
14 | designate one or more state universities or community |
15 | colleges as recipients of part or all of the amount of the |
16 | exemption under specified conditions; providing that the |
17 | business retains the rights to patents, royalties, or real |
18 | or intellectual property unless an agreement specifies |
19 | otherwise; providing an effective date. |
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21 | Be It Enacted by the Legislature of the State of Florida: |
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23 | Section 1. Subsection (2) of section 212.052, Florida |
24 | Statutes, is amended, present subsections (3), (4), and (5) of |
25 | said section are renumbered as subsections (4), (5), and (6), |
26 | respectively, and a new subsection (3) is added to said section, |
27 | to read: |
28 | 212.052 Research or development costs; exemption.-- |
29 | (2) Notwithstanding any provision of this chapter to the |
30 | contrary, any person, including an affiliated group as defined |
31 | in s. 1504 of the Internal Revenue Code of 1954, as amended, who |
32 | manufactures, produces, compounds, processes, or fabricates in |
33 | any manner tangible personal property for such taxpayer's own |
34 | use directly and solely in research or development shall not be |
35 | subject to the tax imposed by this chapter upon the cost of the |
36 | product so manufactured, produced, compounded, processed, or |
37 | fabricated. However, the tax imposed by this chapter shall be |
38 | due on the purchase, rental, or repair of real property or |
39 | tangible personal property employed in research or development |
40 | which is subject to the tax imposed by this chapter at the time |
41 | of purchase or rental. |
42 | (3)(a) Machinery and equipment used predominantly for |
43 | research and development are exempt from the tax imposed by this |
44 | chapter. For the purposes of this subsection, the term |
45 | "predominantly" means at least 50 percent of the time. The term |
46 | "machinery and equipment" includes, but is not limited to, |
47 | molds, dies, machine tooling, other appurtenances or accessories |
48 | to machinery and equipment, testing and measuring equipment, |
49 | test beds, computers, and software, whether purchased or self- |
50 | fabricated, and, if self-fabricated, includes materials and |
51 | labor for design, fabrication, and assembly. |
52 | (b) A business may designate one or more state |
53 | universities or community colleges as recipients of up to 100 |
54 | percent of the amount of the exemption for which the business |
55 | qualifies. To receive these funds, the state university or |
56 | community college must agree to match the funds so earned with |
57 | equivalent cash, programs, services, or other in-kind support on |
58 | a one-to-one basis in the pursuit of research and development |
59 | projects as requested by the certified business. The rights to |
60 | any patents, royalties, or real or intellectual property must be |
61 | vested in the business unless otherwise agreed to by the |
62 | business and the state university or community college. |
63 | Section 2. This act shall take effect July 1, 2005. |