CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for CS for CS for SB 406, 1st Eng.
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Hargrett moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 23, line 1, through page 24, line 4, delete
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17 insert:
18 Section 12. Florida-Caribbean Basin Trade
19 Initiative.--
20 (1) Contingent upon a specific appropriation, the
21 Seaport Employment Training Grant Program (STEP) shall
22 establish and administer the Florida-Caribbean Basin Trade
23 Initiative for the purpose of assisting small and medium-sized
24 businesses to become involved in international activities and
25 helping them to identify markets with product demand, identify
26 strategic alliances in those markets, and obtain the financing
27 to effectuate trade opportunities in the Caribbean Basin. The
28 initiative must focus assistance to businesses located in
29 urban communities. The initiative shall offer export
30 readiness, assistance and referral services, internships,
31 seminars, workshops, conferences, and e-commerce plus
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SENATE AMENDMENT
Bill No. CS for CS for CS for SB 406, 1st Eng.
Amendment No.
1 mentoring and matchmaking services, but shall coordinate with
2 and not duplicate those services provided by Enterprise
3 Florida, Inc.
4 (2) To enhance initiative effectiveness and leverage
5 resources, STEP shall coordinate initiative activities with
6 Enterprise Florida, Inc., United States Export Assistance
7 Centers, Florida Export Finance Corporation, Florida Trade
8 Data Center, Small Business Development Centers, and any other
9 organizations STEP deems appropriate. The coordination may
10 encompass export assistance and referral services, export
11 financing, job-training programs, educational programs, market
12 research and development, market promotion, trade missions,
13 e-commerce, and mentoring and matchmaking services relative to
14 the expansion of trade between Florida and the Caribbean
15 Basin. The initiative shall also form alliances with
16 multilateral, international, and domestic funding programs
17 from Florida, the United States, and the Caribbean Basin to
18 coordinate systems and programs for fundamental assistance in
19 facilitating trade and investment.
20 (3) STEP shall administer the Florida-Caribbean Basin
21 Trade Initiative pursuant to a performance-based contract with
22 the Office of Tourism, Trade, and Economic Development. The
23 Office of Tourism, Trade, and Economic Development shall
24 develop performance measures, standards, and sanctions for the
25 initiative. Performance measures must include, but are not
26 limited to, the number of businesses assisted; the number of
27 urban businesses assisted; and the increase in value of
28 exports to the Caribbean which is attributable to the
29 initiative.
30 Section 13. Paragraphs (n) and (o) are added to
31 subsection (5) of section 212.08, Florida Statutes, to read:
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SENATE AMENDMENT
Bill No. CS for CS for CS for SB 406, 1st Eng.
Amendment No.
1 212.08 Sales, rental, use, consumption, distribution,
2 and storage tax; specified exemptions.--The sale at retail,
3 the rental, the use, the consumption, the distribution, and
4 the storage to be used or consumed in this state of the
5 following are hereby specifically exempt from the tax imposed
6 by this chapter.
7 (5) EXEMPTIONS; ACCOUNT OF USE.--
8 (n) Materials for construction of single-family homes
9 in certain areas.--
10 1. As used in this paragraph, the term:
11 a. "Building materials" means tangible personal
12 property that becomes a component part of a qualified home.
13 b. "Qualified home" means a single-family home having
14 an appraised value of no more than $160,000 which is located
15 in an enterprise zone, empowerment zone, or Front Porch
16 Florida Community and which is constructed and occupied by the
17 owner thereof for residential purposes.
18 c. "Substantially completed" has the same meaning as
19 provided in s. 192.042(1).
20 2. Building materials used in the construction of a
21 qualified home and the costs of labor associated with the
22 construction of a qualified home are exempt from the tax
23 imposed by this chapter upon an affirmative showing to the
24 satisfaction of the department that the requirements of this
25 paragraph have been met. This exemption inures to the owner
26 through a refund of previously paid taxes. To receive this
27 refund, the owner must file an application under oath with the
28 department which includes:
29 a. The name and address of the owner.
30 b. The address and assessment roll parcel number of
31 the home for which a refund is sought.
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SENATE AMENDMENT
Bill No. CS for CS for CS for SB 406, 1st Eng.
Amendment No.
1 c. A copy of the building permit issued for the home.
2 d. A certification by the local building inspector
3 that the home is substantially completed.
4 e. A sworn statement, under penalty of perjury, from
5 the general contractor licensed in this state with whom the
6 owner contracted to construct the home, which statement lists
7 the building materials used in the construction of the home
8 and the actual cost thereof, the labor costs associated with
9 such construction, and the amount of sales tax paid on these
10 materials and labor costs. If a general contractor was not
11 used, the owner shall provide this information in a sworn
12 statement, under penalty of perjury. Copies of invoices
13 evidencing payment of sales tax must be attached to the sworn
14 statement.
15 f. A sworn statement, under penalty of perjury, from
16 the owner affirming that he or she is occupying the home for
17 residential purposes.
18 3. An application for a refund under this paragraph
19 must be submitted to the department within 6 months after the
20 date the home is deemed to be substantially completed by the
21 local building inspector. Within 30 working days after receipt
22 of the application, the department shall determine if it meets
23 the requirements of this paragraph. A refund approved pursuant
24 to this paragraph shall be made within 30 days after formal
25 approval of the application by the department. The provisions
26 of s. 212.095 do not apply to any refund application made
27 under this paragraph.
28 4. The department shall establish by rule an
29 application form and criteria for establishing eligibility for
30 exemption under this paragraph.
31 5. The exemption shall apply to purchases of materials
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SENATE AMENDMENT
Bill No. CS for CS for CS for SB 406, 1st Eng.
Amendment No.
1 on or after July 1, 2000.
2 (o) Building materials in redevelopment projects.--
3 1. As used in this paragraph, the term:
4 a. "Building materials" means tangible personal
5 property that becomes a component part of a housing project or
6 a mixed-use project.
7 b. "Housing project" means the conversion of an
8 existing manufacturing or industrial building to housing units
9 in an urban high-crime area, enterprise zone, empowerment
10 zone, Front Porch Community, designated brownfield area, or
11 urban infill area and in which the developer agrees to set
12 aside at least 20 percent of the housing units in the project
13 for low-income and moderate-income persons.
14 c. "Mixed-use project" means the conversion of an
15 existing manufacturing or industrial building to mixed-use
16 units that include artists' studios, art and entertainment
17 services, or other compatible uses. A mixed-use project must
18 be located in an urban high-crime area, enterprise zone,
19 empowerment zone, Front Porch Community, designated brownfield
20 area, or urban infill area and the developer must agree to set
21 aside at least 20 percent of the square footage of the project
22 for low-income and moderate-income housing.
23 d. "Substantially completed" has the same meaning as
24 provided in s. 192.042(1).
25 2. Building materials used in the construction of a
26 housing project or mixed-use project are exempt from the tax
27 imposed by this chapter upon an affirmative showing to the
28 satisfaction of the department that the requirements of this
29 paragraph have been met. This exemption inures to the owner
30 through a refund of previously paid taxes. To receive this
31 refund, the owner must file an application under oath with the
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SENATE AMENDMENT
Bill No. CS for CS for CS for SB 406, 1st Eng.
Amendment No.
1 department which includes:
2 a. The name and address of the owner.
3 b. The address and assessment roll parcel number of
4 the project for which a refund is sought.
5 c. A copy of the building permit issued for the
6 project.
7 d. A certification by the local building inspector
8 that the project is substantially completed.
9 e. A sworn statement, under penalty of perjury, from
10 the general contractor licensed in this state with whom the
11 owner contracted to construct the project, which statement
12 lists the building materials used in the construction of the
13 project and the actual cost thereof, and the amount of sales
14 tax paid on these materials. If a general contractor was not
15 used, the owner shall provide this information in a sworn
16 statement, under penalty of perjury. Copies of invoices
17 evidencing payment of sales tax must be attached to the sworn
18 statement.
19 3. An application for a refund under this paragraph
20 must be submitted to the department within 6 months after the
21 date the project is deemed to be substantially completed by
22 the local building inspector. Within 30 working days after
23 receipt of the application, the department shall determine if
24 it meets the requirements of this paragraph. A refund approved
25 pursuant to this paragraph shall be made within 30 days after
26 formal approval of the application by the department. The
27 provisions of s. 212.095 do not apply to any refund
28 application made under this paragraph.
29 4. The department shall establish by rule an
30 application form and criteria for establishing eligibility for
31 exemption under this paragraph.
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SENATE AMENDMENT
Bill No. CS for CS for CS for SB 406, 1st Eng.
Amendment No.
1 5. The exemption shall apply to purchases of materials
2 on or after July 1, 2000.
3 Section 14. The agencies involved with the Urban
4 Infill Implementation Project Grants Program under section
5 163.2523, Florida Statutes, the State Apartment Incentive Loan
6 Program under section 420.5087, Florida Statutes, the HOME
7 Investment Partnership Program under section 420.5089, Florida
8 Statutes, and the State Housing Tax Credit Program under
9 section 420.5093, Florida Statutes, shall give priority
10 consideration to projects that would convert vacant industrial
11 and manufacturing facilities to affordable housing units
12 within urban high-crime areas, enterprise zones, empowerment
13 zones, Front Porch Communities, designated brownfield areas,
14 or urban infill areas.
15 Section 15. The Department of Community Affairs, in
16 conjunction with the Office of Tourism, Trade, and Economic
17 Development, the Office of Urban Opportunities, and Enterprise
18 Florida, Inc., shall recommend new economic incentives or
19 revisions to existing economic incentives in order to promote
20 the reuse of vacant industrial and manufacturing facilities
21 for affordable housing and mixed-use development. The report
22 must also identify any state regulatory or programmatic
23 barriers to the reuse of such facilities. The department
24 shall submit a report to the President of the Senate and the
25 Speaker of the House of Representatives containing its
26 recommendations by January 31, 2001. Based upon consultation
27 with the Department of Environmental Protection, the
28 department shall include, as a component of the report, any
29 recommended modifications to the Brownfields Redevelopment
30 Act, sections 376.77-376.85, Florida Statutes, for revising
31 liability protection or economic incentives under the act to
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SENATE AMENDMENT
Bill No. CS for CS for CS for SB 406, 1st Eng.
Amendment No.
1 promote reuse of such facilities.
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3 (Redesignate subsequent sections.)
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6 ================ T I T L E A M E N D M E N T ===============
7 And the title is amended as follows:
8 On page 2, line 21, delete that line
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10 and insert:
11 duties; providing for the establishment of the
12 Florida-Caribbean Basin Trade Initiative by the
13 Seaport Employment Training Grant Program
14 contingent upon a specific appropriation;
15 providing purpose of the initiative; providing
16 responsibilities of the Seaport Employment
17 Training Grant Program; providing for a
18 performance-based contract with the Office of
19 Tourism, Trade, and Economic Development;
20 amending s. 212.08, F.S.; providing an
21 exemption from the tax on sales, use, and other
22 transactions for building materials used in the
23 construction of certain single-family homes
24 located in an enterprise zone, empowerment
25 zone, or Front Porch Florida Community;
26 providing an exemption from the tax on sales,
27 use, and other transactions for building
28 materials used in the construction of specified
29 redevelopment projects; providing requirements
30 for refund applications; providing for rules;
31 directing the agencies involved with specified
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SENATE AMENDMENT
Bill No. CS for CS for CS for SB 406, 1st Eng.
Amendment No.
1 housing programs to give priority consideration
2 to specified projects in urban-core
3 neighborhoods; directing the Department of
4 Community Affairs to propose modifications to
5 the Brownfields Redevelopment Act and other
6 economic incentives for consideration by the
7 Legislature; providing an effective date.
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