Senate Bill sb2168c2

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    Florida Senate - 2002                    CS for CS for SB 2168

    By the Committees on Comprehensive Planning, Local and
    Military Affairs; Commerce and Economic Opportunities; and
    Senator Latvala



    316-2092-02

  1                      A bill to be entitled

  2         An act relating to brownfield redevelopment;

  3         amending s. 288.106, F.S.; redefining the term

  4         "local financial support exemption option" with

  5         respect to the tax refund program; amending s.

  6         288.107, F.S.; revising the criteria for

  7         participation in the bonus refund program;

  8         revising the formula for calculating the

  9         refund; amending s. 376.80, F.S.; providing for

10         certain unencumbered funds to be used for

11         grants related to certain brownfield sites;

12         providing an effective date.

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

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16         Section 1.  Paragraph (k) of subsection (1) of section

17  288.106, Florida Statutes, is amended to read:

18         288.106  Tax refund program for qualified target

19  industry businesses.--

20         (1)  DEFINITIONS.--As used in this section:

21         (k)  "Local financial support exemption option" means

22  the option to exercise an exemption from the local financial

23  support requirement available to any applicant whose project

24  is located in a brownfield area or a county with a population

25  of 75,000 or fewer or a county with a population of 100,000 or

26  fewer which is contiguous to a county with a population of

27  75,000 or fewer. Any applicant that exercises this option

28  shall not be eligible for more than 80 percent of the total

29  tax refunds allowed such applicant under this section.

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    Florida Senate - 2002                    CS for CS for SB 2168
    316-2092-02




  1         Section 2.  Paragraph (e) of subsection (1), subsection

  2  (2), and paragraph (b) of subsection (3) of section 288.107,

  3  Florida Statutes, are amended to read:

  4         288.107  Brownfield redevelopment bonus refunds.--

  5         (1)  DEFINITIONS.--As used in this section:

  6         (e)  "Eligible business" means a qualified target

  7  industry business as defined in s. 288.106(1)(o) or other

  8  business that can demonstrate a fixed capital investment of at

  9  least $2 million in mixed-use business activities, including

10  multiunit housing, commercial, retail, and industrial in

11  brownfield areas and which provides benefits to its employees

12  pays wages that are at least 80 percent of the average of all

13  private sector wages in the county in which the business is

14  located.

15         (2)  BROWNFIELD REDEVELOPMENT BONUS REFUND.--Bonus

16  refunds shall be allowed from the account as follows and

17  approved by the office as specified in the final order issued

18  by the director.

19         (a)  A bonus refund of $2,500 shall be allowed to any

20  qualified target industry business as defined by s. 288.106

21  for each new Florida job created in a brownfield area which is

22  claimed on the qualified target industry business's annual

23  refund claim authorized in s. 288.106(5).

24         (b)  A bonus refund of up to $2,500 shall be allowed to

25  any other eligible business as defined in paragraph (1)(e) for

26  each new Florida job created in a brownfield which is claimed

27  under an annual claim procedure similar to the annual refund

28  claim authorized in s. 288.106(5). The amount of the refund

29  shall be equal to 20 percent of the average annual wage for

30  the jobs created. There shall be allowed from the account a

31  bonus refund of $2,500 to any qualified target industry

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    Florida Senate - 2002                    CS for CS for SB 2168
    316-2092-02




  1  business or other eligible business as defined in paragraph

  2  (1)(e) for each new Florida job created in a brownfield which

  3  is claimed on the qualified target industry business's annual

  4  refund claim authorized in s. 288.106(5) or other similar

  5  annual claim procedure for other eligible business as defined

  6  in paragraph (1)(e) and approved by the office as specified in

  7  the final order issued by the director.

  8         (3)  CRITERIA.--The minimum criteria for participation

  9  in the brownfield redevelopment bonus refund are:

10         (b)  The completion of a fixed capital investment of at

11  least $2 million in mixed-use business activities, including

12  multiunit housing, commercial, retail, and industrial in

13  brownfield areas and which provides benefits to its employees

14  pay wages that are at least 80 percent of the average of all

15  private sector wages in the county in which the business is

16  located.

17         Section 3.  Subsection (13) is added to section 376.80,

18  Florida Statutes, to read:

19         376.80  Brownfield program administration process.--

20         (13)  Annually, any unencumbered funds remaining

21  undisbursed on or at the close of the fiscal year on June 30

22  from the Quick-Response Training Program, from brownfield

23  redevelopment bonus refunds, and from unencumbered,

24  undisbursed funds appropriated in the General Appropriations

25  Act for cleanup of state-owned lands shall be used for grants

26  to fund expenses relating to the assessment and remediation of

27  brownfield sites within areas designated pursuant to this

28  section for those jurisdictions that have United-States

29  Environmental-Protection-Agency brownfield pilot projects

30  designated prior to July 1, 1997. Grants shall be distributed

31  to eligible pilot projects under this section on a pro-rata

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    Florida Senate - 2002                    CS for CS for SB 2168
    316-2092-02




  1  basis in an amount not to exceed $500,000 per pilot project,

  2  provided that there is a total of at least $100,000 to

  3  disburse.

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

  5  law.

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  7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  8                            CS/SB 2168

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10  Changes the definition of "local financial support exemption"
    to include brownfield areas as applicants exempt from the
11  local financial support requirement applicable to qualified
    target industry businesses seeking certain tax refunds.
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    Deletes the requirement that an "eligible business" for the
13  purpose of brownfield redevelopment bonus refunds must pay
    wages that are at least 80 percent of the average of all
14  private sector wages in the county in which the business is
    located and replaces it with a requirement that the business
15  provide benefits to its employees.

16  Revises the method of calculating brownfield redevelopment
    bonus refunds.
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