October 01, 2020
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Senate Bill 2362

Senate Bill sb2362c2

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                    CS for CS for SB 2362

    By the Committees on Education; Commerce and Consumer
    Services; and Senators Smith, Fasano and Crist




    581-2166-05

  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.; providing an exemption for

  7         machinery and equipment used in semiconductor,

  8         defense, or space technology research and

  9         development activities; providing definitions;

10         providing for the adoption of rules pertaining

11         to procedures to claim exemptions and revising

12         guidelines relating to such procedures;

13         providing for a review of the exemption by the

14         Office of Program Policy Analysis and

15         Government Accountability and Enterprise

16         Florida, Inc.; requiring a report; providing an

17         effective date.

18  

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

20  

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

22  Statutes, is amended to read:

23         212.052  Research or development costs; exemption.--

24         (2)  Notwithstanding any provision of this chapter to

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

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

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

28  fabricates in any manner tangible personal property for such

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

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

31  chapter upon the cost of the product so manufactured,

                                  1

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    Florida Senate - 2005                    CS for CS for SB 2362
    581-2166-05




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

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

 3  rental, or repair of real property or tangible personal

 4  property employed in research or development which is subject

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

 6  rental.

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

 8  212.08, Florida Statutes, is amended to read:

 9         212.08  Sales, rental, use, consumption, distribution,

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

11  the rental, the use, the consumption, the distribution, and

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

13  following are hereby specifically exempt from the tax imposed

14  by this chapter.

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

16         (j)  Machinery and equipment used in semiconductor,

17  defense, or space technology production and research and

18  development.--

19         1.a.  Industrial machinery and equipment used in

20  semiconductor technology facilities certified by the Office of

21  Tourism, Trade, and Economic Development under subparagraph 6.

22  to manufacture, process, compound, or produce semiconductor

23  technology products for sale or for use by these facilities

24  are exempt from the tax imposed by this chapter. For purposes

25  of this paragraph, industrial machinery and equipment includes

26  molds, dies, machine tooling, other appurtenances or

27  accessories to machinery and equipment, testing equipment,

28  test beds, computers, and software, whether purchased or

29  self-fabricated, and, if self-fabricated, includes materials

30  and labor for design, fabrication, and assembly.

31  

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    Florida Senate - 2005                    CS for CS for SB 2362
    581-2166-05




 1         b.  Building materials purchased for use in

 2  manufacturing or expanding clean rooms in

 3  semiconductor-manufacturing facilities are exempt from the tax

 4  imposed by this chapter.

 5         c.b.  Industrial machinery and equipment used in

 6  defense or space technology facilities certified by the Office

 7  of Tourism, Trade, and Economic Development under subparagraph

 8  6. to manufacture, process, compound, or produce defense

 9  technology products or space technology products for sale or

10  for use by these facilities are exempt from 25 percent of the

11  tax imposed by this chapter. 

12         d.  Machinery and equipment used predominantly for

13  research and development as defined in s. 212.052 are exempt

14  from the tax imposed by this chapter.

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

16  imposed by this chapter if used predominately in semiconductor

17  wafer research and development activities in a semiconductor

18  technology research and development facility certified under

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

20  equipment includes molds, dies, machine tooling, other

21  appurtenances or accessories to machinery and equipment,

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

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

24  includes materials and labor for design, fabrication, and

25  assembly.

26         b.  Machinery and equipment are exempt from 25 percent

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

28  defense or space research and development activities in a

29  defense or space technology research and development facility

30  certified under subparagraph 6.

31  

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    Florida Senate - 2005                    CS for CS for SB 2362
    581-2166-05




 1         3.  Building materials purchased for use in

 2  manufacturing or expanding clean rooms in

 3  semiconductor-manufacturing facilities are exempt from the tax

 4  imposed by this chapter.

 5         4.  In addition to meeting the criteria mandated by

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

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

 8  and Economic Development as authorized in this paragraph in

 9  order to qualify for exemption under this paragraph.

10         5.  For items purchased tax exempt pursuant to this

11  paragraph, possession of a written certification from the

12  purchaser, certifying the purchaser's entitlement to exemption

13  pursuant to this paragraph, relieves the seller of the

14  responsibility of collecting the tax on the sale of such

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

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

17  not entitled to the exemption.

18         6.a.  To be eligible to receive the exemption provided

19  by subparagraph 1., subparagraph 2., or subparagraph 3., a

20  qualifying business entity shall apply to Enterprise Florida,

21  Inc. The application shall be developed by the Office of

22  Tourism, Trade, and Economic Development in consultation with

23  Enterprise Florida, Inc.

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

25  submitted application and information and determine whether or

26  not the application is complete within 5 working days. Once an

27  application is complete, Enterprise Florida, Inc., shall,

28  within 10 working days, evaluate the application and recommend

29  approval or disapproval of the application to the Office of

30  Tourism, Trade, and Economic Development.

31  

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    Florida Senate - 2005                    CS for CS for SB 2362
    581-2166-05




 1         c.  Upon receipt of the application and recommendation

 2  from Enterprise Florida, Inc., the Office of Tourism, Trade,

 3  and Economic Development shall certify within 5 working days

 4  those applicants who are found to meet the requirements of

 5  this section and notify the applicant, Enterprise Florida,

 6  Inc., and the department of the certification. If the Office

 7  of Tourism, Trade, and Economic Development finds that the

 8  applicant does not meet the requirements of this section, it

 9  shall notify the applicant and Enterprise Florida, Inc.,

10  within 10 working days that the application for certification

11  has been denied and the reasons for denial. The Office of

12  Tourism, Trade, and Economic Development has final approval

13  authority for certification under this section.

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

15  exemption.

16         b.  The application must indicate, for program

17  evaluation purposes only, the average number of full-time

18  equivalent employees at the facility over the preceding

19  calendar year, the average wage and benefits paid to those

20  employees over the preceding calendar year, the total

21  investment made in real and tangible personal property over

22  the preceding calendar year, and the total value of tax-exempt

23  purchases and taxes exempted during the previous year. The

24  department shall assist the Office of Tourism, Trade, and

25  Economic Development in evaluating and verifying information

26  provided in the application for exemption.

27         c.  The Office of Tourism, Trade, and Economic

28  Development may use the information reported on the

29  application for evaluation purposes only and shall prepare an

30  annual report on the exemption program and its cost and

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

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    Florida Senate - 2005                    CS for CS for SB 2362
    581-2166-05




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

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

 3  each fiscal year.

 4         2.8.  A business receiving an certified to receive this

 5  exemption under this paragraph may elect to designate one or

 6  more state universities or community colleges as recipients of

 7  up to 100 percent of the amount of the exemption for which

 8  they may qualify. To receive these funds, the institution must

 9  agree to match the funds so earned with equivalent cash,

10  programs, services, or other in-kind support on a one-to-one

11  basis in the pursuit of research and development projects as

12  requested by the certified business. The rights to any

13  patents, royalties, or real or intellectual property must be

14  vested in the business unless otherwise agreed to by the

15  business and the university or community college.

16         3.  The department may adopt rules to implement this

17  exemption and for assumption of self-accrual authority that is

18  authorized by this paragraph. Persons or entities claiming

19  such exemptions shall furnish the vendor of the machinery and

20  equipment, including the vendor of the materials and labor

21  used in self-fabrication of the machinery and equipment, an

22  affidavit stating that the items for which an exemption is

23  claimed are machinery and equipment that will be used for the

24  purposes required by this paragraph. A purchaser who claims

25  the exemption by refund shall include the affidavit with the

26  refund application. The affidavit must contain the purchaser's

27  name, address, sales and use tax registration number, and, if

28  applicable, federal employer identification number. Any person

29  fraudulently furnishing an affidavit to the vendor for the

30  purpose of evading payment of any tax imposed under this

31  chapter shall be subject to the penalty in s. 212.085 and as

                                  6

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    Florida Senate - 2005                    CS for CS for SB 2362
    581-2166-05




 1  otherwise provided by law. Purchasers shall maintain all

 2  documentation necessary to prove the exempt status of

 3  purchases and fabrication activity and make such documentation

 4  available for inspection pursuant to s. 212.13(2). In lieu of

 5  furnishing an affidavit, a purchaser claiming the exemption in

 6  this paragraph who has a direct pay permit may give the vendor

 7  a copy of the direct pay permit and shall maintain all

 8  documentation necessary to prove the exempt status of the

 9  purchases and fabrication activity and make such documentation

10  available for inspection pursuant to s. 212.13(2).

11         4.9.  As used in this paragraph, the term:

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

13  time in qualifying research and development.

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

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

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

17  improved products. Research and development does not include

18  market research, routine consumer product testing, sales

19  research, research in the social sciences or psychology,

20  nontechnological activities, or technical services.

21         b.c.  "Semiconductor technology products" means raw

22  semiconductor wafers or semiconductor thin films that are

23  transformed into semiconductor memory or logic wafers,

24  including wafers containing mixed memory and logic circuits;

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

26  displays; semiconductor chips; semiconductor lasers;

27  optoelectronic elements; and related semiconductor technology

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

29  Economic Development.

30         c.d.  "Clean rooms" means manufacturing facilities

31  enclosed in a manner that meets the clean manufacturing

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    Florida Senate - 2005                    CS for CS for SB 2362
    581-2166-05




 1  requirements necessary for high-technology

 2  semiconductor-manufacturing environments.

 3         d.e.  "Defense technology products" means products that

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

 5  weapons, weapons systems, guidance systems, surveillance

 6  systems, communications or information systems, munitions,

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

 8  intended for military use and manufactured in performance of a

 9  contract with the United States Department of Defense or the

10  military branch of a recognized foreign government or a

11  subcontract thereunder which relates to matters of national

12  defense.

13         e.f.  "Space technology products" means products that

14  are specifically designed or manufactured for application in

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

16  vehicles, missiles, satellites or research payloads, avionics,

17  and associated control systems and processing systems. The

18  term does not include products that are designed or

19  manufactured for general commercial aviation or other uses

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

21  space applications.

22         f.  "Industrial machinery and equipment" includes

23  molds, dies, machine tooling, other appurtenances or

24  accessories to machinery and equipment, testing equipment,

25  test beds, computers, and software, whether purchased or

26  self-fabricated, and, if self-fabricated, includes materials

27  and labor for design, fabrication, and assembly.

28         5.  The exemption in this paragraph is subject to

29  review by the Legislature no later than July 1, 2015. The

30  Office of Program Policy Analysis and Government

31  Accountability and Enterprise Florida, Inc., shall study this

                                  8

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    Florida Senate - 2005                    CS for CS for SB 2362
    581-2166-05




 1  exemption to determine the impact of the exemption on the

 2  promotion of research and development activities in this

 3  state. Enterprise Florida, Inc., may contract with an

 4  independent research organization to perform the assessment.

 5  The study shall include the estimated annual cost of the

 6  exemption and an estimate of any economic impact of increased

 7  research and development activities. By January 1, 2015, the

 8  Office of Program Policy Analysis and Enterprise Florida,

 9  Inc., shall submit reports to the Governor, the President of

10  the Senate, and the Speaker of the House of Representatives

11  which provide findings and recommendations as to whether the

12  exemption should be re-enacted by the Legislature.

13         Section 3.  This act shall take effect July 1, 2005.

14  

15          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
16                     CS for Senate Bill 2362

17                                 

18  The committee substitute revises the sales and use tax
    exemption to include certain research and development costs
19  and authorizes a state match for eligible gifts or pledges
    from the semiconductor account located in the Trust Fund for
20  University Major Gifts.

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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