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





                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 245

    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  Representative(s) Bradley offered the following:

12

13         Amendment (with title amendment) 

14         On page 1, line 22,

15  remove from the bill:  everything after the enacting clause

16

17  and insert in lieu thereof:

18         Section 1.  Paragraphs (n) and (o) are added to

19  subsection (5) of section 212.08, Florida Statutes, 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         (n)  Materials for construction of single-family homes

28  in certain areas.--

29         1.  As used in this paragraph, the term:

30         a.  "Building materials" means tangible personal

31  property that becomes a component part of a qualified home.

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 245

    Amendment No.     (for drafter's use only)





 1         b.  "Qualified home" means a single-family home having

 2  an appraised value of no more than $160,000 which is located

 3  in an enterprise zone, empowerment zone, or Front Porch

 4  Florida Community and which is constructed and occupied by the

 5  owner thereof for residential purposes.

 6         c.  "Substantially completed" has the same meaning as

 7  provided in s. 192.042(1).

 8         2.  Building materials used in the construction of a

 9  qualified home and the costs of labor associated with the

10  construction of a qualified home are exempt from the tax

11  imposed by this chapter upon an affirmative showing to the

12  satisfaction of the department that the requirements of this

13  paragraph have been met. This exemption inures to the owner

14  through a refund of previously paid taxes. To receive this

15  refund, the owner must file an application under oath with the

16  department which includes:

17         a.  The name and address of the owner.

18         b.  The address and assessment roll parcel number of

19  the home for which a refund is sought.

20         c.  A copy of the building permit issued for the home.

21         d.  A certification by the local building inspector

22  that the home is substantially completed.

23         e.  A sworn statement, under penalty of perjury, from

24  the general contractor licensed in this state with whom the

25  owner contracted to construct the home, which statement lists

26  the building materials used in the construction of the home

27  and the actual cost thereof, the labor costs associated with

28  such construction, and the amount of sales tax paid on these

29  materials and labor costs. If a general contractor was not

30  used, the owner shall provide this information in a sworn

31  statement, under penalty of perjury. Copies of invoices

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 245

    Amendment No.     (for drafter's use only)





 1  evidencing payment of sales tax must be attached to the sworn

 2  statement.

 3         f.  A sworn statement, under penalty of perjury, from

 4  the owner affirming that he or she is occupying the home for

 5  residential purposes.

 6         3.  An application for a refund under this paragraph

 7  must be submitted to the department within 6 months after the

 8  date the home is deemed to be substantially completed by the

 9  local building inspector. Within 30 working days after receipt

10  of the application, the department shall determine if it meets

11  the requirements of this paragraph. A refund approved pursuant

12  to this paragraph shall be made within 30 days after formal

13  approval of the application by the department. The provisions

14  of s. 212.095 do not apply to any refund application made

15  under this paragraph.

16         4.  The department shall establish by rule an

17  application form and criteria for establishing eligibility for

18  exemption under this paragraph.

19         5.  The exemption shall apply to purchases of materials

20  on or after July 1, 2000.

21         (o)  Building materials in redevelopment projects.--

22         1.  As used in this paragraph, the term:

23         a.  "Building materials" means tangible personal

24  property that becomes a component part of a housing project or

25  a mixed-use project.

26         b.  "Housing project" means the conversion of an

27  existing manufacturing or industrial building to housing units

28  in an urban high-crime area, enterprise zone, empowerment

29  zone, Front Porch Community, designated brownfield area, or

30  urban infill area and in which the developer agrees to set

31  aside at least 20 percent of the housing units in the project

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 245

    Amendment No.     (for drafter's use only)





 1  for low-income and moderate-income persons.

 2         c.  "Mixed-use project" means the conversion of an

 3  existing manufacturing or industrial building to mixed-use

 4  units that include artists' studios, art and entertainment

 5  services, or other compatible uses. A mixed-use project must

 6  be located in an urban high-crime area, enterprise zone,

 7  empowerment zone, Front Porch Community, designated brownfield

 8  area, or urban infill area and the developer must agree to set

 9  aside at least 20 percent of the square footage of the project

10  for low-income and moderate-income housing.

11         d.  "Substantially completed" has the same meaning as

12  provided in s. 192.042(1).

13         2.  Building materials used in the construction of a

14  housing project or mixed-use project are exempt from the tax

15  imposed by this chapter upon an affirmative showing to the

16  satisfaction of the department that the requirements of this

17  paragraph have been met. This exemption inures to the owner

18  through a refund of previously paid taxes. To receive this

19  refund, the owner must file an application under oath with the

20  department which includes:

21         a.  The name and address of the owner.

22         b.  The address and assessment roll parcel number of

23  the project for which a refund is sought.

24         c.  A copy of the building permit issued for the

25  project.

26         d.  A certification by the local building inspector

27  that the project is substantially completed.

28         e.  A sworn statement, under penalty of perjury, from

29  the general contractor licensed in this state with whom the

30  owner contracted to construct the project, which statement

31  lists the building materials used in the construction of the

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    File original & 9 copies    04/28/00
    hbd0001                     01:36 pm         00245-0055-060903




                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 245

    Amendment No.     (for drafter's use only)





 1  project and the actual cost thereof, and the amount of sales

 2  tax paid on these materials. If a general contractor was not

 3  used, the owner shall provide this information in a sworn

 4  statement, under penalty of perjury. Copies of invoices

 5  evidencing payment of sales tax must be attached to the sworn

 6  statement.

 7         3.  An application for a refund under this paragraph

 8  must be submitted to the department within 6 months after the

 9  date the project is deemed to be substantially completed by

10  the local building inspector. Within 30 working days after

11  receipt of the application, the department shall determine if

12  it meets the requirements of this paragraph. A refund approved

13  pursuant to this paragraph shall be made within 30 days after

14  formal approval of the application by the department. The

15  provisions of s. 212.095 do not apply to any refund

16  application made under this paragraph.

17         4.  The department shall establish by rule an

18  application form and criteria for establishing eligibility for

19  exemption under this paragraph.

20         5.  The exemption shall apply to purchases of materials

21  on or after July 1, 2000.

22         Section 2.  The agencies involved with the Urban Infill

23  Implementation Project Grants Program under section 163.2523,

24  Florida Statutes, the State Apartment Incentive Loan Program

25  under section 420.5087, Florida Statutes, the HOME Investment

26  Partnership Program under section 420.5089, Florida Statutes,

27  and the State Housing Tax Credit Program under section

28  420.5093, Florida Statutes, shall give priority consideration

29  to projects that would convert vacant industrial and

30  manufacturing facilities to affordable housing units within

31  urban high-crime areas, enterprise zones, empowerment zones,

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 245

    Amendment No.     (for drafter's use only)





 1  Front Porch Communities, designated brownfield areas, or urban

 2  infill areas.

 3         Section 3.  The Department of Community Affairs, in

 4  conjunction with the Office of Tourism, Trade, and Economic

 5  Development, the Office of Urban Opportunities, and Enterprise

 6  Florida, Inc., shall recommend new economic incentives or

 7  revisions to existing economic incentives in order to promote

 8  the reuse of vacant industrial and manufacturing facilities

 9  for affordable housing and mixed-use development. The report

10  must also identify any state regulatory or programmatic

11  barriers to the reuse  of such facilities. The department

12  shall submit a report to the President of the Senate and the

13  Speaker of the House of Representatives containing its

14  recommendations by January 31, 2001. Based upon consultation

15  with the Department of Environmental Protection, the

16  department shall include, as a component of the report, any

17  recommended modifications to the Brownfields Redevelopment

18  Act, sections 376.77-376.85, Florida Statutes, for revising

19  liability protection or economic incentives under the act to

20  promote reuse of such facilities.

21         Section 4.  (1)  State agencies shall give priority to

22  applicants for assistance in state housing, economic

23  development, and community revitalization programs where that

24  application supports the objectives of redeveloping HOPE VI

25  grant neighborhoods. The following programs shall provide

26  priority consideration to HOPE VI applications; SAIL, State

27  Housing Tax Credit, Federal Low Income Housing Tax Credit,

28  HOME program, Urban Infill Program, Urban High Crime Tax

29  Credits, brownfields, state empowerment zone.

30         (2)  To qualify for priority consideration in the above

31  mentioned programs, a HOPE VI project applicant must document

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 245

    Amendment No.     (for drafter's use only)





 1  the following actions in the application for assistance.

 2         (a)  There is an active and open grant award from the

 3  United States Department of Housing and Urban Development

 4  under the HOPE VI program in the community.

 5         (b)  There is tangible and documented support committed

 6  by the unit of local government to redeveloping the

 7  neighborhoods surrounding the HOPE VI project.

 8         (c)  There is a written agreement between the public

 9  housing authority and the unit of local government that

10  outlines the joint agreement to redevelop the entire HOPE VI

11  neighborhoods and not to focus solely upon the public housing

12  site.

13         (d)  There is a clearly defined plan with goals and

14  objectives to promote the redevelopment of the HOPE VI

15  neighborhoods to be a mixed income neighborhood, and to

16  deconcentrate the location of publicly assisted housing within

17  the neighborhood, promote home ownership, and involve the

18  residents of the neighborhood in the redevelopment planning

19  and improvement process.

20         (3)  The Department of Community Affairs shall annually

21  submit to the Legislature a summary of all assistance provided

22  to local HOPE VI applicants, and the percentage of HOPE VI

23  projects to all program awards.

24         Section 5.  This act shall take effect upon becoming a

25  law.

26

27

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

29  And the title is amended as follows:

30         On page 1, lines 2-19

31  remove from the title of the bill:  all of said lines

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 245

    Amendment No.     (for drafter's use only)





 1  and insert in lieu thereof:

 2         An act relating to neighborhood revitalization;

 3         amending s. 212.08, F.S.; providing an

 4         exemption from the tax on sales, use, and other

 5         transactions for building materials used in the

 6         construction of certain single-family homes

 7         located in an enterprise zone, empowerment

 8         zone, or Front Porch Florida Community;

 9         providing an exemption from the tax on sales,

10         use, and other transactions for building

11         materials used in the construction of specified

12         redevelopment projects; providing requirements

13         for refund applications; providing for rules;

14         directing the agencies involved with specified

15         housing programs to give priority consideration

16         to specified projects in urban-core

17         neighborhoods; directing the Department of

18         Community Affairs to propose modifications to

19         the Brownfields Redevelopment Act for

20         consideration by the Legislature; requiring

21         that applicants for assistance in state

22         housing, economic development, and community

23         revitalization programs who support the

24         objectives of redeveloping HOPE VI grant

25         neighborhoods be given priority; providing

26         application requirements; requiring the

27         Department of Community Affairs to submit to

28         the Legislature an annual summary of certain

29         HOPE VI assistance provided; providing an

30         effective date.

31

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