HB 0081CS

CHAMBER ACTION




1The Economic Development, Trade & Banking Committee recommends
2the following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to the tax on sales, use, and other
8transactions; amending s. 212.052, F.S.; deleting an
9exception to an exemption from the tax for research or
10development costs; providing an exemption for machinery
11and equipment used predominantly for research and
12development activities; defining the terms "predominantly"
13and "machinery and equipment"; authorizing a business to
14designate one or more state universities or community
15colleges as recipients of part or all of the amount of the
16exemption under specified conditions; providing that the
17business retains the rights to patents, royalties, or real
18or intellectual property unless an agreement specifies
19otherwise; providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Subsection (2) of section 212.052, Florida
24Statutes, is amended, present subsections (3), (4), and (5) of
25said section are renumbered as subsections (4), (5), and (6),
26respectively, and a new subsection (3) is added to said section,
27to read:
28     212.052  Research or development costs; exemption.--
29     (2)  Notwithstanding any provision of this chapter to the
30contrary, any person, including an affiliated group as defined
31in s. 1504 of the Internal Revenue Code of 1954, as amended, who
32manufactures, produces, compounds, processes, or fabricates in
33any manner tangible personal property for such taxpayer's own
34use directly and solely in research or development shall not be
35subject to the tax imposed by this chapter upon the cost of the
36product so manufactured, produced, compounded, processed, or
37fabricated. However, the tax imposed by this chapter shall be
38due on the purchase, rental, or repair of real property or
39tangible personal property employed in research or development
40which is subject to the tax imposed by this chapter at the time
41of purchase or rental.
42     (3)(a)  Machinery and equipment used predominantly for
43research and development are exempt from the tax imposed by this
44chapter. 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,
47molds, dies, machine tooling, other appurtenances or accessories
48to machinery and equipment, testing and measuring equipment,
49test beds, computers, and software, whether purchased or self-
50fabricated, and, if self-fabricated, includes materials and
51labor for design, fabrication, and assembly.
52     (b)  A business may designate one or more state
53universities or community colleges as recipients of up to 100
54percent of the amount of the exemption for which the business
55qualifies. To receive these funds, the state university or
56community college must agree to match the funds so earned with
57equivalent cash, programs, services, or other in-kind support on
58a one-to-one basis in the pursuit of research and development
59projects as requested by the certified business. The rights to
60any patents, royalties, or real or intellectual property must be
61vested in the business unless otherwise agreed to by the
62business and the state university or community college.
63     Section 2.  This act shall take effect July 1, 2005.


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