Senate Bill 2578

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    Florida Senate - 2000                                  SB 2578

    By Senator Hargrett





    21-1594C-00

  1                      A bill to be entitled

  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 and labor

  6         used in the construction of certain

  7         single-family homes located in an enterprise

  8         zone, empowerment zone, or Front Porch Florida

  9         Community; providing an exemption from the tax

10         on sales, use, and other transactions for

11         building materials used in the construction of

12         specified redevelopment projects; providing

13         requirements for refund applications; providing

14         for rules; directing the agencies involved with

15         specified housing programs to give priority

16         consideration to specified projects in

17         urban-core neighborhoods; directing the

18         Department of Community Affairs to propose

19         modifications to the Brownfields Redevelopment

20         Act for consideration by the Legislature;

21         providing an effective date.

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23         WHEREAS, Florida's urban-core neighborhoods continue to

24  have inadequate supplies of affordable housing units, and

25         WHEREAS, these same neighborhoods contain vacant or

26  abandoned industrial and manufacturing facilities, and

27         WHEREAS, vacant and dilapidated structures can have a

28  blighting influence on the neighborhood, and

29         WHEREAS, the opportunity exists to convert these vacant

30  or abandoned industrial and manufacturing facilities into

31  alternative housing options, such as loft apartments, and

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    Florida Senate - 2000                                  SB 2578
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  1         WHEREAS, the opportunity exists to convert these vacant

  2  or abandoned industrial and manufacturing facilities into

  3  mixed-use facilities that include businesses in the art,

  4  entertainment, and related fields, thereby attracting tourists

  5  and other visitors to the neighborhoods and encouraging

  6  individuals who work in such fields to reside in those

  7  neighborhoods, and

  8         WHEREAS, the Legislature finds that the state should

  9  encourage adaptive reuse of existing buildings in these

10  core-urban neighborhoods, NOW, THEREFORE,

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

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

15  subsection (5) of 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, the term:

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

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    Florida Senate - 2000                                  SB 2578
    21-1594C-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 must be attached to the sworn

30  statement.

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    Florida Senate - 2000                                  SB 2578
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  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         (o)  Building materials in redevelopment projects.--

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

19         a.  "Building materials" means tangible personal

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

21  a mixed-use project.

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

23  existing manufacturing or industrial building to housing units

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

25  zone, Front Porch Community, or urban infill area and in which

26  the developer agrees to set aside at least 20 percent of the

27  housing units in the project for low-income and

28  moderate-income persons.

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

30  existing manufacturing or industrial building to mixed-use

31  units that include businesses from the following SIC codes:

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    Florida Senate - 2000                                  SB 2578
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  1  SIC 8412, museums and art galleries; SIC 7929, bands,

  2  orchestras, actors, and other entertainers and entertainment

  3  groups; SIC 7922, theatrical producers and miscellaneous

  4  theatrical services; SIC 7911, dance studios, schools, and

  5  halls; SIC 7812, motion picture and video tape production; SIC

  6  7819, services allied to motion picture production; SIC 8999,

  7  services not elsewhere classified; SIC 3229, pressed and blown

  8  glass and glassware; SIC 3269, pottery products. A mixed-use

  9  project must be located in an urban high crime area,

10  enterprise zone, empowerment zone, Front Porch Community, or

11  urban infill area and the developer must agree to set aside at

12  least 20 percent of the square footage of the project for

13  low-income and moderate-income housing.

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

15  provided in s. 192.042(1).

16         2.  Building materials used in the construction of a

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

18  imposed by this chapter upon an affirmative showing to the

19  satisfaction of the department that the requirements of this

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

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

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

23  department which includes:

24         a.  The name and address of the owner.

25         b.  The address and assessment roll parcel number of

26  the project for which a refund is sought.

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

28  project.

29         d.  A certification by the local building inspector

30  that the project is substantially completed.

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    Florida Senate - 2000                                  SB 2578
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  1         e.  A sworn statement, under penalty of perjury, from

  2  the general contractor licensed in this state with whom the

  3  owner contracted to construct the project, which statement

  4  lists the building materials used in the construction of the

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

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

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

  8  statement, under penalty of perjury. Copies of invoices

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

10  statement.

11         3.  An application for a refund under this paragraph

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

13  date the project is deemed to be substantially completed by

14  the local building inspector. Within 30 working days after

15  receipt of the application, the department shall determine if

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

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

18  formal approval of the application by the department. The

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

20  application made under this paragraph.

21         4.  The department shall establish by rule an

22  application form and criteria for establishing eligibility for

23  exemption under this paragraph.

24         Section 2.  The agencies involved with the Urban Infill

25  Implementation Project Grants Program under section 163.2523,

26  Florida Statutes, the State Apartment Incentive Loan Program

27  under section 420.5087, Florida Statutes, the HOME Investment

28  Partnership Program under section 420.5089, Florida Statutes,

29  and the State Housing Tax Credit Program under section

30  420.5093, Florida Statutes, shall give priority consideration

31  to projects that would convert vacant industrial and

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    Florida Senate - 2000                                  SB 2578
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  1  manufacturing facilities to affordable housing units within

  2  urban-core neighborhoods.

  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.  This act shall take effect upon becoming a

22  law.

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    Florida Senate - 2000                                  SB 2578
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  2                       LEGISLATIVE SUMMARY

  3
      Provides a sales tax exemption for building materials and
  4    labor used in the construction of a single-family home
      with a value between $60,000 and $120,000 located in an
  5    enterprise zone, empowerment zone, or Front Porch Florida
      Community. Provides a sales tax exemption for building
  6    materials used in the construction of specified housing
      redevelopment projects and mixed-use redevelopment
  7    projects. Provides requirements for refund applications.
      Directs the agencies involved with housing programs to
  8    give priority consideration to projects that convert
      vacant industrial and manufacturing facilities to
  9    affordable housing units within urban-core neighborhoods.
      Directs the Department of Community Affairs to propose
10    modifications to the Brownfields Redevelopment Act for
      consideration by the Legislature.
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