Florida Florida Statutes
§ 212.052 — Research or development costs; exemption
FS § 212.052Ch. 212
Statute text
View on source(1)For the purposes of the exemption provided in this section:(a) The term “research or development” means research which has one of the following as its ultimate goal:1. Basic research in a scientific field of endeavor. 2. Advancing knowledge or technology in a scientific or technical field of endeavor. 3. The development of a new product, whether or not the new product is offered for sale. 4. The improvement of an existing product, whether or not the improved product is offered for sale. 5. The development of new uses of an existing product, whether or not a new use is offered as a rationale to purchase the product. 6. The design and development of prototypes, whether or not a resulting product is offered for sale. The term “research or development” does not include ordinary testing or inspection of materials or products used for quality control, market research, efficiency surveys, consumer surveys, advertising and promotions, management studies, or research in connection with literary, historical, social science, psychological, or other similar nontechnical activities.
(b)The term “costs” means cost price as defined in s. 212.02(4).
(c)The term “product” means any item, device, technique, prototype, invention, or process which is, was, or may be commercially exploitable.
(2)Notwithstanding any provision of this chapter to the contrary, any person, including an affiliated group as defined in s. 1504 of the In#2010-225; s. 5, ch. 2011-15; s. 3, ch. 2012-117; s. 14, ch. 2013-198; s. 6, ch. 2015-100; s. 1, ch. 2015-169; s. 2, ch. 2016-146; s. 2, ch. 2016-225; s. 64, ch. 2016-241; s. 27, ch. 2017-173; ss. 34, 35, 62, ch. 2018-118; s. 22, ch. 2018-158; s. 1, ch. 2019-64; s. 12, ch. 2019-159; s. 3, ch. 2019-169; s. 18, ch. 2020-10; s. 23, ch. 2021-2; s. 21, ch. 2022-97; s. 1, ch. 2023-69; s. 23, ch. 2023-157; s. 30, ch. 2024-158; s. 4, ch. 2024-266—Section 61, ch. 2024-158, provides:“(1) The Department of Revenue is authorized, and all conditions are deemed met, to adopt emergency rules pursuant to s. 120.54(4), Florida Statutes, to implement the amendments made by this act to ss. 206.9931, 212.05, 212.054, 213.21, 213.67, 220.03, 220.19, 220.1915, 624.509, and 624.5107, Florida Statutes, and the creation by this act of ss. 211.0254, 212.1835, 220.1992, 402.261, and 561.1214, Florida Statutes. Notwithstanding any other provision of law, emergency rules adopted pursuant to this subsection are effective for 6 months after adoption and may be renewed during the pendency of procedures to adopt permanent rules addressing the subject of the emergency rules.“(2) This section shall take effect upon this act becoming a law and expires July 1, 2027.”