Senate Bill 2402e2

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    CS for CS for SB 2402                         Second Engrossed



  1                      A bill to be entitled

  2         An act relating to taxation; amending s.

  3         212.08, F.S.; revising an exemption from

  4         taxation for machinery and equipment used in

  5         silicon-technology production and research and

  6         development; making the exemption applicable to

  7         semiconductor-technology production and

  8         research and development; providing an

  9         exemption from taxation for building materials

10         purchased for use in manufacturing or expanding

11         clean rooms for semiconductor-manufacturing

12         facilities; revising definitions; revising

13         criteria and procedures; amending s. 212.20,

14         F.S.; providing a lump-sum payment to the

15         International Game Fish Association World

16         Center; reducing the maximum number of monthly

17         distributions to account for the lump-sum

18         payment; providing for a refund of certain

19         taxes paid; providing effective dates.

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

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23         Section 1.  Paragraph (j) of subsection (5) of section

24  212.08, Florida Statutes, is amended to read:

25         212.08  Sales, rental, use, consumption, distribution,

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

27  the rental, the use, the consumption, the distribution, and

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

29  following are hereby specifically exempt from the tax imposed

30  by this chapter.

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


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    CS for CS for SB 2402                         Second Engrossed



  1         (j)  Machinery and equipment used in semiconductor

  2  silicon technology production and research and development.--

  3         1.  Industrial machinery and equipment purchased for

  4  use in semiconductor silicon technology facilities certified

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

  6  produce semiconductor silicon technology products for sale or

  7  for use by these facilities are exempt from the tax imposed by

  8  this chapter.

  9         2.  Machinery and equipment are exempt from the tax

10  imposed by this chapter if purchased for use predominately in

11  semiconductor silicon wafer research and development

12  activities in a semiconductor silicon technology research and

13  development facility certified under subparagraph 6. 5.

14         3.  Building materials purchased for use in

15  manufacturing or expanding clean rooms in

16  semiconductor-manufacturing facilities are exempt from the tax

17  imposed by this chapter.

18         4.3.  In addition to meeting the criteria mandated by

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

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

21  and Economic Development as authorized in this paragraph in

22  order to qualify for exemption under this paragraph.

23         5.4.  For items purchased tax exempt pursuant to this

24  paragraph, possession of a written certification from the

25  purchaser, certifying the purchaser's entitlement to exemption

26  pursuant to this paragraph, relieves the seller of the

27  responsibility of collecting the tax on the sale of such

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

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

30  not entitled to the exemption.

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  1         6.5.a.  To be eligible to receive the exemption

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

  3  subparagraph 3., a qualifying business entity shall apply to

  4  Enterprise Florida, Inc. The application shall be developed by

  5  the Office of Tourism, Trade, and Economic Development in

  6  consultation with Enterprise Florida, Inc.

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

  8  submitted application and information and determine whether or

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

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

11  within 10 working days, evaluate the application and recommend

12  approval or disapproval of the application to the Office of

13  Tourism, Trade, and Economic Development.

14         c.  Upon receipt of the application and recommendation

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

16  and Economic Development shall certify within 5 working days

17  those applicants who are found to meet the requirements of

18  this section and notify the applicant, Enterprise Florida,

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

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

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

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

23  within 10 working days that the application for certification

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

25  Tourism, Trade, and Economic Development has final approval

26  authority for certification under this section.

27         7.6.a.  A business certified to receive this exemption

28  may apply once each year for the exemption.

29         b.  The first claim submitted by a business may include

30  all eligible expenditures made after the date the business was

31  certified.


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  1         b.c.  To apply for the annual exemption, the business

  2  shall submit a claim to the Office of Tourism, Trade, and

  3  Economic Development, which claim indicates and documents the

  4  sales and use taxes otherwise payable on eligible machinery

  5  and equipment. The application claim must also indicate, for

  6  program evaluation purposes only, the average number of

  7  full-time equivalent employees at the facility over the

  8  preceding calendar year, the average wage and benefits paid to

  9  those employees over the preceding calendar year, and the

10  total investment made in real and tangible personal property

11  over the preceding calendar year, and the total value of

12  tax-exempt purchases and taxes exempted during the previous

13  year or, for the first claim submitted, since the date of

14  certification. The department shall assist the Office of

15  Tourism, Trade, and Economic Development in evaluating and

16  verifying information provided in the application for

17  exemption.

18         c.d.  The Office of Tourism, Trade, and Economic

19  Development may use the information reported on the

20  application claims for evaluation purposes only and shall

21  prepare an annual report on the exemption program and its cost

22  and impact. The annual report for the preceding fiscal year

23  shall be submitted to the Governor, the President of the

24  Senate, and the Speaker of the House of Representatives by

25  September 30 of each fiscal year. This report may be submitted

26  in conjunction with the annual report required in s.

27  288.095(3)(c).

28         8.7.  A business certified to receive this exemption

29  may elect to designate one or more state universities or

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

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


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    CS for CS for SB 2402                         Second Engrossed



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

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

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

  4  research and development projects as requested by the

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

  6  real or intellectual property must be vested in the business

  7  unless otherwise agreed to by the business and the university

  8  or community college.

  9         9.8.  As used in this paragraph, the term:

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

11  time in qualifying research and development.

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

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

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

15  improved products. Research and development does not include

16  market research, routine consumer product testing, sales

17  research, research in the social sciences or psychology,

18  nontechnological activities, or technical services.

19         c.  "Semiconductor Silicon technology products" means

20  raw semiconductor silicon wafers or semiconductor thin films

21  that are transformed into semiconductor memory or logic

22  wafers, including wafers containing mixed memory and logic

23  circuits; related assembly and test operations; active-matrix

24  flat panel displays; semiconductor chips; semiconductor

25  lasers; optoelectronic elements; and related semiconductor

26  silicon technology products as determined by the Office of

27  Tourism, Trade, and Economic Development.

28         d.  "Clean rooms" means manufacturing facilities

29  enclosed in a manner that meets the clean manufacturing

30  requirements necessary for high-technology

31  semiconductor-manufacturing environments.


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    CS for CS for SB 2402                         Second Engrossed



  1         Section 2.  Effective upon this act becoming a law,

  2  paragraph (f) of subsection (6) of section 212.20, Florida

  3  Statutes, is amended to read:

  4         212.20  Funds collected, disposition; additional powers

  5  of department; operational expense; refund of taxes

  6  adjudicated unconstitutionally collected.--

  7         (6)  Distribution of all proceeds under this chapter

  8  shall be as follows:

  9         (f)  The proceeds of all other taxes and fees imposed

10  pursuant to this chapter shall be distributed as follows:

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

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

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

14  other taxes and fees imposed pursuant to this chapter shall be

15  deposited in monthly installments into the General Revenue

16  Fund.

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

18  the Solid Waste Management Trust Fund.

19         3.  After the distribution under subparagraphs 1. and

20  2., 9.653 percent of the amount remitted by a sales tax dealer

21  located within a participating county pursuant to s. 218.61

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

23  Tax Clearing Trust Fund.

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

25  and 3., 0.054 percent shall be transferred to the Local

26  Government Half-cent Sales Tax Clearing Trust Fund and

27  distributed pursuant to s. 218.65.

28         5.  Of the remaining proceeds:

29         a.  Beginning July 1, 1992, $166,667 shall be

30  distributed monthly by the department to each applicant that

31  has been certified as a "facility for a new professional


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

  2  sports franchise" pursuant to s. 288.1162 and $41,667 shall be

  3  distributed monthly by the department to each applicant that

  4  has been certified as a "new spring training franchise

  5  facility" pursuant to s. 288.1162. Distributions shall begin

  6  60 days following such certification and shall continue for 30

  7  years. Nothing contained herein shall be construed to allow an

  8  applicant certified pursuant to s. 288.1162 to receive more in

  9  distributions than actually expended by the applicant for the

10  public purposes provided for in s. 288.1162(7). However, a

11  certified applicant shall receive distributions up to the

12  maximum amount allowable and undistributed under this section

13  for additional renovations and improvements to the facility

14  for the franchise without additional certification.

15         b.  Beginning 30 days after notice by the Office of

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

17  Revenue that an applicant has been certified as the

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

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

20  up to 300 months, to the applicant.

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

22  Tourism, Trade, and Economic Development Department of

23  Commerce to the Department of Revenue that the applicant has

24  been certified as the International Game Fish Association

25  World Center facility pursuant to s. 288.1169, and the

26  facility is open to the public, $83,333 shall be distributed

27  monthly, for up to 168 180 months, to the applicant.  This

28  distribution is subject to reduction pursuant to s. 288.1169.

29  A lump-sum payment of $999,996 shall be made after

30  certification and before July 1, 2000.

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    CS for CS for SB 2402                         Second Engrossed



  1         6.  All other proceeds shall remain with the General

  2  Revenue Fund.

  3         Section 3.  Effective July 1, 2000, for the period July

  4  1, 1998, through June 30, 1999, every business classified

  5  under Industry Group Number 212, which has collected and paid

  6  tax imposed by chapter 212, Florida Statutes, on charges for

  7  steam or electrical energy used in the manner provided by

  8  section 212.08(7)(ii), Florida Statutes, shall qualify for a

  9  refund of said taxes pursuant to sections 213.255 and 215.26,

10  Florida Statutes, or shall be relieved of the requirement to

11  pay such taxes if those taxes have not been collected and

12  paid. It is the intent of the Legislature that this provision

13  shall be applied as if Industry Group Number 212 had never

14  been excluded from this exemption. As used in this section,

15  the term "SIC" means those classifications contained in the

16  Standard Industrial Classification Manual, 1987, as published

17  by the Office of Management and Budget, Executive Office of

18  the President.

19         Section 4.  This act shall take effect upon becoming a

20  law, except that section 1 of this act shall take effect

21  January 1, 2001.

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