House Bill 0245

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







    Florida House of Representatives - 2000                 HB 245

        By Representative Bradley






  1                      A bill to be entitled

  2         An act relating to tax on sales, use, and other

  3         transactions; amending s. 212.08, F.S.;

  4         providing an exemption for building materials

  5         and labor used in the construction of certain

  6         single-family homes located in an enterprise

  7         zone, empowerment zone, or Front Porch Florida

  8         Community; providing requirements for refund

  9         applications; providing for rules; providing an

10         effective date.

11

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

13

14         Section 1.  Paragraph (n) is added to subsection (5) of

15  section 212.08, Florida Statutes, to read:

16         212.08  Sales, rental, use, consumption, distribution,

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

18  the rental, the use, the consumption, the distribution, and

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

20  following are hereby specifically exempt from the tax imposed

21  by this chapter.

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

23         (n)  Materials and labor for construction of

24  single-family homes in certain areas.--

25         1.  As used in this paragraph:

26         a.  "Building materials" means tangible personal

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

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

29  an assessed value of $60,000 or more but less than $120,000

30  which is located in an enterprise zone, empowerment zone, or

31

                                  1

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






    Florida House of Representatives - 2000                 HB 245

    547-141-00






  1  Front Porch Florida Community and which is constructed and

  2  occupied by the owner thereof for residential purposes.

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

  4  provided in s. 192.042(1).

  5         2.  Building materials used in the construction of a

  6  qualified home and the costs of labor associated with the

  7  construction of a qualified home are exempt from the tax

  8  imposed by this chapter upon an affirmative showing to the

  9  satisfaction of the department that the requirements of this

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

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

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

13  department which includes:

14         a.  The name and address of the owner.

15         b.  The address and assessment roll parcel number of

16  the home for which a refund is sought.

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

18         d.  A certification by the local building inspector

19  that the home is substantially completed.

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

21  the general contractor licensed in this state with whom the

22  owner contracted to construct the home, which statement lists

23  the building materials used in the construction of the home

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

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

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

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

28  statement, under penalty of perjury. Copies of invoices

29  evidencing payment of sales tax shall be attached to the sworn

30  statement.

31

                                  2

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






    Florida House of Representatives - 2000                 HB 245

    547-141-00






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

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

  3  residential purposes.

  4         3.  An application for a refund under this paragraph

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

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

  7  local building inspector. Within 30 working days after receipt

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

  9  the requirements of this paragraph. A refund approved pursuant

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

11  approval of the application by the department. The provisions

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

13  under this paragraph.

14         4.  The department shall establish by rule an

15  application form and criteria for establishing eligibility for

16  exemption under this paragraph.

17         Section 2.  This act shall take effect July 1, 2000.

18

19            *****************************************

20                          HOUSE SUMMARY

21
      Provides a sales tax exemption for building materials and
22    labor used in the construction of a single-family home
      with a value between $60,000-$120,000 located in an
23    enterprise zone, empowerment zone, or Front Porch Florida
      Community. Provides requirements for refund applications.
24

25

26

27

28

29

30

31

                                  3