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





                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Transportation & Economic Development

12  Appropriations offered the following:

13

14         Amendment to Amendment (243299) (with title amendment) 

15         On page 104, between lines 11 and 12,

16

17  insert:

18         Section 57.  Paragraph (h) of subsection (5) of section

19  212.08, Florida Statutes, is amended to read:

20         212.08  Sales, rental, use, consumption, distribution,

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

22  the rental, the use, the consumption, the distribution, and

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

24  following are hereby specifically exempt from the tax imposed

25  by this chapter.

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

27         (h)  Business property used in an enterprise zone.--

28         1.  Beginning July 1, 1995, business property purchased

29  for use by businesses located in an enterprise zone which is

30  subsequently used in an enterprise zone shall be exempt from

31  the tax imposed by this chapter. This exemption inures to the

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  business only through a refund of previously paid taxes. A

 2  refund shall be authorized upon an affirmative showing by the

 3  taxpayer to the satisfaction of the department that the

 4  requirements of this paragraph have been met.

 5         2.  To receive a refund, the business must file under

 6  oath with the governing body or enterprise zone development

 7  agency having jurisdiction over the enterprise zone where the

 8  business is located, as applicable, an application which

 9  includes:

10         a.  The name and address of the business claiming the

11  refund.

12         b.  The identifying number assigned pursuant to s.

13  290.0065 to the enterprise zone in which the business is

14  located.

15         c.  A specific description of the property for which a

16  refund is sought, including its serial number or other

17  permanent identification number.

18         d.  The location of the property.

19         e.  The sales invoice or other proof of purchase of the

20  property, showing the amount of sales tax paid, the date of

21  purchase, and the name and address of the sales tax dealer

22  from whom the property was purchased.

23         f.  Whether the business is a small business as defined

24  by s. 288.703(1).

25         g.  If applicable, the name and address of each

26  permanent employee of the business, including, for each

27  employee who is a resident of an enterprise zone, the

28  identifying number assigned pursuant to s. 290.0065 to the

29  enterprise zone in which the employee resides.

30         3.  Within 10 working days after receipt of an

31  application, the governing body or enterprise zone development

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  agency shall review the application to determine if it

 2  contains all the information required pursuant to subparagraph

 3  2. and meets the criteria set out in this paragraph. The

 4  governing body or agency shall certify all applications that

 5  contain the information required pursuant to subparagraph 2.

 6  and meet the criteria set out in this paragraph as eligible to

 7  receive a refund. If applicable, the governing body or agency

 8  shall also certify if 20 percent of the employees of the

 9  business are residents of an enterprise zone, excluding

10  temporary and part-time employees. The certification shall be

11  in writing, and a copy of the certification shall be

12  transmitted to the executive director of the Department of

13  Revenue. The business shall be responsible for forwarding a

14  certified application to the department within the time

15  specified in subparagraph 4.

16         4.  An application for a refund pursuant to this

17  paragraph must be submitted to the department within 6 months

18  after the business property is purchased.

19         5.  The provisions of s. 212.095 do not apply to any

20  refund application made pursuant to this paragraph. The amount

21  refunded on purchases of business property under this

22  paragraph shall be the lesser of 97 percent of the sales tax

23  paid on such business property or $5,000, or, if no less than

24  20 percent of the employees of the business are residents of

25  an enterprise zone, excluding temporary and part-time

26  employees, the amount refunded on purchases of business

27  property under this paragraph shall be the lesser of 97

28  percent of the sales tax paid on such business property or

29  $10,000. A refund approved pursuant to this paragraph shall be

30  made within 30 days of formal approval by the department of

31  the application for the refund. No refund shall be granted

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  under this paragraph unless the amount to be refunded exceeds

 2  $100 in sales tax paid on purchases made within a 60-day time

 3  period.

 4         6.  The department shall adopt rules governing the

 5  manner and form of refund applications and may establish

 6  guidelines as to the requisites for an affirmative showing of

 7  qualification for exemption under this paragraph.

 8         7.  If the department determines that the business

 9  property is used outside an enterprise zone within 3 years

10  from the date of purchase, the amount of taxes refunded to the

11  business purchasing such business property shall immediately

12  be due and payable to the department by the business, together

13  with the appropriate interest and penalty, computed from the

14  date of purchase, in the manner provided by this chapter.

15  Notwithstanding this subparagraph, business property used

16  exclusively in:

17         a.  Licensed commercial fishing vessels,

18         b.  Fishing guide boats, or

19         c.  Ecotourism guide boats

20

21  that leave and return to a fixed location within an area

22  designated under s. 370.28 are eligible for the exemption

23  provided under this paragraph if all requirements of this

24  paragraph are met. Such vessels and boats must be owned by a

25  business that is eligible to receive the exemption provided

26  under this paragraph. This exemption does not apply to the

27  purchase of a vessel or boat.

28         8.  The department shall deduct an amount equal to 10

29  percent of each refund granted under the provisions of this

30  paragraph from the amount transferred into the Local

31  Government Half-cent Sales Tax Clearing Trust Fund pursuant to

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  s. 212.20 for the county area in which the business property

 2  is located and shall transfer that amount to the General

 3  Revenue Fund.

 4         9.  For the purposes of this exemption, "business

 5  property" means new or used property defined as "recovery

 6  property" in s. 168(c) of the Internal Revenue Code of 1954,

 7  as amended, except:

 8         a.  Property classified as 3-year property under s.

 9  168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;

10         b.  Industrial machinery and equipment as defined in

11  sub-subparagraph (b)6.a. and eligible for exemption under

12  paragraph (b); and

13         c.  Building materials as defined in sub-subparagraph

14  (g)8.a.

15         10.  The provisions of this paragraph shall expire and

16  be void on December 31, 2005.

17         Section 58.  Subsection (4) of section 370.28, Florida

18  Statutes, is amended, and subsection (5) is added to that

19  section to read:

20         370.28  Enterprise zone designation; communities

21  adversely impacted by net limitations.--

22         (4)  Notwithstanding the enterprise zone residency

23  requirements set out in ss. 212.096(1)(c) and 220.03(1)(q),

24  businesses located in enterprise zones designated pursuant to

25  this section may receive the credit provided under s. 212.096

26  or s. 220.181 for hiring any person within the jurisdiction of

27  the county within which nominating community of such

28  enterprise zone is located.  All other provisions of ss.

29  212.096, 220.03(1)(q), and 220.181 apply to such businesses.

30  Notwithstanding the requirement specified in ss.

31  212.08(5)(g)5. and (h)5. and (15)(a) and 220.182(1)(b) that no

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  less than 20 percent of a business's employees, excluding

 2  temporary and part-time employees, must be residents of an

 3  enterprise zone for the business to qualify for the maximum

 4  exemption or credit provided in ss. 212.08(5)(g) and (h) and

 5  (15) and 220.182, a business that is located in an enterprise

 6  zone designated pursuant to this section shall be qualified

 7  for those maximum exemptions or credits if no less than 20

 8  percent of such employees of the business are residents of the

 9  jurisdiction of the county within which the enterprise zone is

10  located. All other provisions of ss. 212.08(5)(g) and (h) and

11  (15) and 220.182 apply to such business.

12         (5)  Notwithstanding the time limitations contained in

13  chapters 212 and 220, a business eligible to receive tax

14  credits under this section from January 1, 1997, to June 1,

15  1998, must submit an application for the tax credits by

16  December 1, 1998. All other requirements of the enterprise

17  zone program apply to such a business.

18

19

20  ================ T I T L E   A M E N D M E N T ===============

21  And the title is amended as follows:

22         On page 112, line 23, of the amendment

23

24  after the semicolon insert:

25         amending s. 212.08, F.S.; exempting certain

26         property based in enterprise zones from the

27         sales tax under certain circumstances; amending

28         s. 370.28, F.S.; providing that a business

29         located in an enterprise zone in a community

30         impacted by net limitations is eligible for the

31         maximum sales tax exemption for building

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1         materials used in the rehabilitation of real

 2         property in an enterprise zone, for business

 3         property used in an enterprise zone, and for

 4         electrical energy used in an enterprise zone,

 5         and the maximum enterprise zone property tax

 6         credit against the corporate income tax, if a

 7         specified percentage of its employees are

 8         residents of the jurisdiction of the county,

 9         rather than of the enterprise zone; requiring

10         businesses eligible to receive certain tax

11         credits to apply for such credits by a time

12         certain;

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