Senate Bill sb0962c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                            CS for SB 962

    By the Committee on Government Efficiency Appropriations; and
    Senators Fasano and King




    593-2146-06

  1                      A bill to be entitled

  2         An act relating to the tax on sales, use, and

  3         other transactions; amending s. 212.052, F.S.;

  4         deleting an exception to an exemption from the

  5         tax for research or development costs; amending

  6         s. 212.08, F.S.; deleting provisions providing

  7         an exemption on account of use for machinery

  8         and equipment used for research and

  9         development; exempting machinery and equipment

10         used predominantly for research and development

11         activities; providing definitions; authorizing

12         the Department of Revenue to adopt rules

13         administering and implementing the exemption;

14         providing requirements and procedures for

15         claiming the exemption; requiring an affidavit

16         to be given by a taxpayer claiming entitlement

17         to the exemption; providing penalties for

18         fraudulently claiming the exemption; providing

19         recordkeeping requirements; providing an

20         effective date.

21  

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

23  

24         Section 1.  Subsection (2) of section 212.052, Florida

25  Statutes, is amended to read:

26         212.052  Research or development costs; exemption.--

27         (2)  Notwithstanding any provision of this chapter to

28  the contrary, any person, including an affiliated group as

29  defined in s. 1504 of the Internal Revenue Code of 1954, as

30  amended, who manufactures, produces, compounds, processes, or

31  fabricates in any manner tangible personal property for such

                                  1

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






    Florida Senate - 2006                            CS for SB 962
    593-2146-06




 1  taxpayer's own use directly and solely in research or

 2  development shall not be subject to the tax imposed by this

 3  chapter upon the cost of the product so manufactured,

 4  produced, compounded, processed, or fabricated. However, the

 5  tax imposed by this chapter shall be due on the purchase,

 6  rental, or repair of real property or tangible personal

 7  property employed in research or development which is subject

 8  to the tax imposed by this chapter at the time of purchase or

 9  rental.

10         Section 2.  Paragraph (j) of subsection (5) of section

11  212.08, Florida Statutes, is amended, and subsection (18) is

12  added to that section, to read:

13         212.08  Sales, rental, use, consumption, distribution,

14  and storage tax; specified exemptions.--The sale at retail,

15  the rental, the use, the consumption, the distribution, and

16  the storage to be used or consumed in this state of the

17  following are hereby specifically exempt from the tax imposed

18  by this chapter.

19         (5)  EXEMPTIONS; ACCOUNT OF USE.--

20         (j)  Machinery and equipment used in semiconductor,

21  defense, or space technology production and research and

22  development.--

23         1.a.  Industrial machinery and equipment used in

24  semiconductor technology facilities certified under

25  subparagraph 5. 6. to manufacture, process, compound, or

26  produce semiconductor technology products for sale or for use

27  by these facilities are exempt from the tax imposed by this

28  chapter. For purposes of this paragraph, industrial machinery

29  and equipment includes molds, dies, machine tooling, other

30  appurtenances or accessories to machinery and equipment,

31  testing equipment, test beds, computers, and software, whether

                                  2

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






    Florida Senate - 2006                            CS for SB 962
    593-2146-06




 1  purchased or self-fabricated, and, if self-fabricated,

 2  includes materials and labor for design, fabrication, and

 3  assembly.

 4         b.  Industrial machinery and equipment used in defense

 5  or space technology facilities certified under subparagraph 5.

 6  6. to design, manufacture, assemble, process, compound, or

 7  produce defense technology products or space technology

 8  products for sale or for use by these facilities are exempt

 9  from 25 percent of the tax imposed by this chapter.

10         2.a.  Machinery and equipment are exempt from the tax

11  imposed by this chapter if used predominately in semiconductor

12  wafer research and development activities in a semiconductor

13  technology research and development facility certified under

14  subparagraph 6. For purposes of this paragraph, machinery and

15  equipment includes molds, dies, machine tooling, other

16  appurtenances or accessories to machinery and equipment,

17  testing equipment, test beds, computers, and software, whether

18  purchased or self-fabricated, and, if self-fabricated,

19  includes materials and labor for design, fabrication, and

20  assembly.

21         b.  Machinery and equipment are exempt from 25 percent

22  of the tax imposed by this chapter if used predominately in

23  defense or space research and development activities in a

24  defense or space technology research and development facility

25  certified under subparagraph 6.

26         2.3.  Building materials purchased for use in

27  manufacturing or expanding clean rooms in

28  semiconductor-manufacturing facilities are exempt from the tax

29  imposed by this chapter.

30         3.4.  In addition to meeting the criteria mandated by

31  subparagraph 1. or, subparagraph 2., or subparagraph 3., a

                                  3

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






    Florida Senate - 2006                            CS for SB 962
    593-2146-06




 1  business must be certified by the Office of Tourism, Trade,

 2  and Economic Development as authorized in this paragraph in

 3  order to qualify for exemption under this paragraph.

 4         4.5.  For items purchased tax exempt pursuant to this

 5  paragraph, possession of a written certification from the

 6  purchaser, certifying the purchaser's entitlement to exemption

 7  pursuant to this paragraph, relieves the seller of the

 8  responsibility of collecting the tax on the sale of such

 9  items, and the department shall look solely to the purchaser

10  for recovery of tax if it determines that the purchaser was

11  not entitled to the exemption.

12         5.6.a.  To be eligible to receive the exemption

13  provided by subparagraph 1. or, subparagraph 2., or

14  subparagraph 3., a qualifying business entity shall apply

15  initially to Enterprise Florida, Inc. The original

16  certification is valid for 2 years. In lieu of submitting a

17  new application, the original certification may be renewed

18  biennially by submitting to the Office of Tourism, Trade, and

19  Economic Development a statement, certified under oath, that

20  there has been no material change in the conditions or

21  circumstances entitling the business entity to the original

22  certification. The initial application and the certification

23  renewal statement shall be developed by the Office of Tourism,

24  Trade, and Economic Development in consultation with

25  Enterprise Florida, Inc.

26         b.  Enterprise Florida, Inc., shall review each

27  submitted initial application and information and determine

28  whether or not the application is complete within 5 working

29  days. Once an application is complete, Enterprise Florida,

30  Inc., shall, within 10 working days, evaluate the application

31  

                                  4

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






    Florida Senate - 2006                            CS for SB 962
    593-2146-06




 1  and recommend approval or disapproval of the application to

 2  the Office of Tourism, Trade, and Economic Development.

 3         c.  Upon receipt of the initial application and

 4  recommendation from Enterprise Florida, Inc., or upon receipt

 5  of a certified renewal statement, the Office of Tourism,

 6  Trade, and Economic Development shall certify within 5 working

 7  days those applicants who are found to meet the requirements

 8  of this section and notify the applicant, Enterprise Florida,

 9  Inc., and the department of the original certification or

10  renewal. If the Office of Tourism, Trade, and Economic

11  Development finds that the applicant does not meet the

12  requirements of this section, it shall notify the applicant

13  and Enterprise Florida, Inc., within 10 working days that the

14  application for certification has been denied and the reasons

15  for denial. The Office of Tourism, Trade, and Economic

16  Development has final approval authority for certification

17  under this section.

18         7.a.  A business may apply once each year for the

19  exemption.

20         d.b.  The initial application and certification renewal

21  statement must indicate, for program evaluation purposes only,

22  the average number of full-time equivalent employees at the

23  facility over the preceding calendar year, the average wage

24  and benefits paid to those employees over the preceding

25  calendar year, the total investment made in real and tangible

26  personal property over the preceding calendar year, and the

27  total value of tax-exempt purchases and taxes exempted during

28  the previous year. The department shall assist the Office of

29  Tourism, Trade, and Economic Development in evaluating and

30  verifying information provided in the application for

31  exemption.

                                  5

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






    Florida Senate - 2006                            CS for SB 962
    593-2146-06




 1         e.c.  The Office of Tourism, Trade, and Economic

 2  Development may use the information reported on the

 3  application for evaluation purposes only and shall prepare an

 4  annual report on the exemption program and its cost and

 5  impact. The annual report for the preceding fiscal year shall

 6  be submitted to the Governor, the President of the Senate, and

 7  the Speaker of the House of Representatives by September 30 of

 8  each fiscal year.

 9         6.8.  A business certified to receive this exemption

10  may elect to designate one or more state universities or

11  community colleges as recipients of up to 100 percent of the

12  amount of the exemption for which they may qualify. To receive

13  these funds, the institution must agree to match the funds so

14  earned with equivalent cash, programs, services, or other

15  in-kind support on a one-to-one basis in the pursuit of

16  research and development projects as requested by the

17  certified business. The rights to any patents, royalties, or

18  real or intellectual property must be vested in the business

19  unless otherwise agreed to by the business and the university

20  or community college.

21         7.9.  As used in this paragraph, the term:

22         a.  "Predominately" means at least 50 percent of the

23  time in qualifying research and development.

24         b.  "Research and development" means basic and applied

25  research in the science or engineering, as well as the design,

26  development, and testing of prototypes or processes of new or

27  improved products. Research and development does not include

28  market research, routine consumer product testing, sales

29  research, research in the social sciences or psychology,

30  nontechnological activities, or technical services.

31  

                                  6

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






    Florida Senate - 2006                            CS for SB 962
    593-2146-06




 1         a.c.  "Semiconductor technology products" means raw

 2  semiconductor wafers or semiconductor thin films that are

 3  transformed into semiconductor memory or logic wafers,

 4  including wafers containing mixed memory and logic circuits;

 5  related assembly and test operations; active-matrix flat panel

 6  displays; semiconductor chips; semiconductor lasers;

 7  optoelectronic elements; and related semiconductor technology

 8  products as determined by the Office of Tourism, Trade, and

 9  Economic Development.

10         b.d.  "Clean rooms" means manufacturing facilities

11  enclosed in a manner that meets the clean manufacturing

12  requirements necessary for high-technology

13  semiconductor-manufacturing environments.

14         c.e.  "Defense technology products" means products that

15  have a military application, including, but not limited to,

16  weapons, weapons systems, guidance systems, surveillance

17  systems, communications or information systems, munitions,

18  aircraft, vessels, or boats, or components thereof, which are

19  intended for military use and manufactured in performance of a

20  contract with the United States Department of Defense or the

21  military branch of a recognized foreign government or a

22  subcontract thereunder which relates to matters of national

23  defense.

24         d.f.  "Space technology products" means products that

25  are specifically designed or manufactured for application in

26  space activities, including, but not limited to, space launch

27  vehicles, space flight vehicles, missiles, satellites or

28  research payloads, avionics, and associated control systems

29  and processing systems and components of any of the foregoing.

30  The term does not include products that are designed or

31  manufactured for general commercial aviation or other uses

                                  7

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






    Florida Senate - 2006                            CS for SB 962
    593-2146-06




 1  even though those products may also serve an incidental use in

 2  space applications.

 3         (18)  MACHINERY AND EQUIPMENT USED PREDOMINANTLY FOR

 4  RESEARCH AND DEVELOPMENT.--

 5         (a)  Machinery and equipment used predominantly for

 6  research and development as defined in this subsection are

 7  exempt from the tax imposed by this chapter.

 8         (b)  For purposes of this subsection:

 9         1.  "Machinery and equipment" includes, but is not

10  limited to, molds, dies, machine tooling, other appurtenances

11  or accessories to machinery and equipment, testing and

12  measuring equipment, test beds, computers, and software,

13  whether purchased or self-fabricated, and, if self-fabricated,

14  includes materials and labor for design, fabrication, and

15  assembly.

16         2.  "Predominantly" means at least 50 percent of the

17  time.

18         3.  "Research and development" means research that has

19  one of the following as its ultimate goal:

20         a.  Basic research in a scientific field of endeavor;

21         b.  Advancing knowledge or technology in a scientific

22  or technical field of endeavor;

23         c.  The development of a new product, whether or not

24  the new product is offered for sale;

25         d.  The improvement of an existing product, whether or

26  not the improved product is offered for sale;

27         e.  The development of new uses of an existing product,

28  whether or not a new use is offered as a rationale to purchase

29  the product; or

30         f.  The design and development of prototypes, whether

31  or not a resulting product is offered for sale.

                                  8

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






    Florida Senate - 2006                            CS for SB 962
    593-2146-06




 1  

 2  The term "research and development" does not include ordinary

 3  testing or inspection of materials or products used for

 4  quality control, market research, efficiency surveys, consumer

 5  surveys, advertising and promotions, management studies, or

 6  research in connection with literary, historical, social

 7  science, psychological, or other similar nontechnical

 8  activities.

 9         (c)  The department may adopt rules pursuant to ss.

10  120.536(1) and 120.54 that provide for administering and

11  implementing this exemption.

12         (d)  A person who claims the exemption provided in this

13  subsection shall furnish the vendor of the machinery or

14  equipment, including the vendor of materials and labor used in

15  self-fabrication of the machinery or equipment, an affidavit

16  stating that the item or items for which an exemption is

17  claimed are machinery and equipment that will be used

18  predominantly for research and development as required by this

19  subsection. A purchaser who claims the exemption by refund

20  shall include the affidavit with the refund application. The

21  affidavit must contain the purchaser's name, address, sales

22  and use tax registration number, and, if applicable, federal

23  employer's identification number. Any person fraudulently

24  furnishing an affidavit to the vendor for the purpose of

25  evading payment of any tax imposed under this chapter shall be

26  subject to the penalty set forth in s. 212.085 and as

27  otherwise provided by law.

28         (e)  In lieu of furnishing an affidavit, a purchaser

29  claiming the exemption provided in this subsection who has a

30  direct-pay permit may furnish the vendor with a copy of the

31  direct-pay permit and shall maintain all documentation

                                  9

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






    Florida Senate - 2006                            CS for SB 962
    593-2146-06




 1  necessary to prove the exempt status of the purchases and

 2  fabrication activity.

 3         (f)  Purchasers shall maintain all documentation

 4  necessary to prove the exempt status of purchases and

 5  fabrication activity and make such documentation available for

 6  inspection pursuant to the requirements of s. 212.13(2).

 7         Section 3.  This act shall take effect July 1, 2006.

 8  

 9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                              SB 962

11                                 

12  The Committee Substitute makes the following changes to SB
    962:
13  
    1)   Expands the production exemption to include the design
14       and assembly of space or defense technology products;

15  2)   Amends the definition of "space technology products" by
         adding space flight vehicles and components of any of the
16       exempt items; and

17  3)   Authorizes that the original certificate issued by
         Enterprise Florida, Inc. is valid for 2 years and
18       provides for biennial renewals.

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  10

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