Senate Bill sb2934c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                           CS for SB 2934

    By the Committee on Commerce, Economic Opportunities, and
    Consumer Services; and Senators Fasano and Lynn




    310-2404-04

  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;

  6         providing an exemption for machinery and

  7         equipment used predominantly for research and

  8         development activities; defining the term

  9         "machinery and equipment"; allowing a business

10         certified to receive the exemption to designate

11         one or more state universities or community

12         colleges as recipients of part or all of the

13         amount of the exemption under specified

14         conditions; providing that the business retains

15         the rights to patents, royalties, or real or

16         intellectual property unless an agreement

17         specifies otherwise; providing for a phase-in

18         of the exemption; providing an effective date.

19  

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

21  

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

23  Statutes, is amended, present subsections (3), (4), and (5) of

24  that section are redesignated as subsections (4), (5), and

25  (6), respectively, and a new subsection (3) is added to that

26  section, to read:

27         212.052  Research or development costs; exemption.--

28         (2)  Notwithstanding any provision of this chapter to

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

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

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

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    Florida Senate - 2004                           CS for SB 2934
    310-2404-04




 1  fabricates in any manner tangible personal property for such

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

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

 4  chapter upon the cost of the product so manufactured,

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

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

 7  rental, or repair of real property or tangible personal

 8  property employed in research or development which is subject

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

10  rental.

11         (3)(a)  Machinery and equipment are exempt from the tax

12  imposed by this chapter if used predominantly for research and

13  development activities. For the purposes of this subsection,

14  the term "machinery and equipment" includes molds, dies,

15  machine tooling, other appurtenances or accessories to

16  machinery and equipment, testing equipment, test beds,

17  computers, and software, whether purchased or self-fabricated,

18  and, if self-fabricated, includes materials and labor for

19  design, fabrication, and assembly.

20         (b)  A business certified to receive this exemption may

21  elect to designate one or more state universities or community

22  colleges as recipients of up to 100 percent of the amount of

23  the exemption for which the business qualifies. To receive

24  these funds, the state university or community college must

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

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

27  basis in the pursuit of research and development projects as

28  requested by the certified business. The rights to any

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

30  vested in the business unless otherwise agreed to by the

31  business and the state university or community college.

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






    Florida Senate - 2004                           CS for SB 2934
    310-2404-04




 1         (c)  The exemption provided in this subsection applies

 2  as follows:

 3         1.  Beginning July 1, 2004, the tax imposed by this

 4  chapter shall be applicable to 80 percent of the cost of the

 5  machinery and equipment.

 6         2.  Beginning July 1, 2005, the tax imposed by this

 7  chapter shall be applicable to 60 percent of the cost of the

 8  machinery and equipment.

 9         3.  Beginning July 1, 2006, the tax imposed by this

10  chapter shall be applicable to 40 percent of the cost of the

11  machinery and equipment.

12         4.  Beginning July 1, 2007, the tax imposed by this

13  chapter shall be applicable to 20 percent of the cost of the

14  machinery and equipment.

15         5.  Beginning July 1, 2008, the entire cost of the

16  machinery and equipment is exempt from the tax imposed by this

17  chapter.

18         Section 2.  This act shall take effect July 1, 2004.

19  

20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                         Senate Bill 2934

22                                 

23  The committee substitute establishes a scheduled phase-in of
    the proposed exemption from sales and use tax for machinery
24  and equipment used predominantly for research and development.
    Beginning July 1, 2004, the tax imposed will be applicable to
25  80 percent of the cost of the machinery and equipment. Over
    the next three years, the schedule lowers the tax to 60
26  percent, 40 percent, and 20 percent, respectively, and then
    completely exempts from the tax machinery and equipment used
27  predominantly for research and development beginning July 1,
    2008.
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CODING: Words stricken are deletions; words underlined are additions.