Senate Bill sb2048

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    Florida Senate - 2001                                  SB 2048

    By Senator Latvala





    19-922-01

  1                      A bill to be entitled

  2         An act relating to the sales and use tax;

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

  4         exemption from the sales and use tax for

  5         building materials used in the rehabilitation

  6         of real property located in a designated

  7         brownfield area; providing an exemption from

  8         the sales and use tax for business property

  9         purchased for use by businesses located in a

10         designated brownfield area; providing an

11         effective date.

12

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

14

15         Section 1.  Paragraphs (g) and (h) of subsection (5) of

16  section 212.08, Florida Statutes, are amended to read:

17         212.08  Sales, rental, use, consumption, distribution,

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

19  the rental, the use, the consumption, the distribution, and

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

21  following are hereby specifically exempt from the tax imposed

22  by this chapter.

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

24         (g)  Building materials used in the rehabilitation of

25  real property located in an enterprise zone or designated

26  brownfield area.--

27         1.  Beginning July 1, 1995, building materials used in

28  the rehabilitation of real property located in an enterprise

29  zone, or, after July 1, 1997, in a designated brownfield area

30  under s. 376.80 shall be exempt from the tax imposed by this

31  chapter upon an affirmative showing to the satisfaction of the

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  1  department that the items have been used for the

  2  rehabilitation of real property located in an enterprise zone

  3  or designated brownfield area. Except as provided in

  4  subparagraph 2., this exemption inures to the owner, lessee,

  5  or lessor of the rehabilitated real property located in an

  6  enterprise zone or designated brownfield area only through a

  7  refund of previously paid taxes. To receive a refund pursuant

  8  to this paragraph, the owner, lessee, or lessor of the

  9  rehabilitated real property located in an enterprise zone or

10  designated brownfield area must file an application under oath

11  with the governing body or enterprise zone development agency

12  having jurisdiction over the enterprise zone or designated

13  brownfield area where the business is located, as applicable,

14  which includes:

15         a.  The name and address of the person claiming the

16  refund.

17         b.  An address and assessment roll parcel number of the

18  rehabilitated real property in an enterprise zone or

19  designated brownfield area for which a refund of previously

20  paid taxes is being sought.

21         c.  A description of the improvements made to

22  accomplish the rehabilitation of the real property.

23         d.  A copy of the building permit issued for the

24  rehabilitation of the real property.

25         e.  A sworn statement, under the penalty of perjury,

26  from the general contractor licensed in this state with whom

27  the applicant contracted to make the improvements necessary to

28  accomplish the rehabilitation of the real property, which

29  statement lists the building materials used in the

30  rehabilitation of the real property, the actual cost of the

31  building materials, and the amount of sales tax paid in this

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  1  state on the building materials. In the event that a general

  2  contractor has not been used, the applicant shall provide this

  3  information in a sworn statement, under the penalty of

  4  perjury. Copies of the invoices which evidence the purchase of

  5  the building materials used in such rehabilitation and the

  6  payment of sales tax on the building materials shall be

  7  attached to the sworn statement provided by the general

  8  contractor or by the applicant. Unless the actual cost of

  9  building materials used in the rehabilitation of real property

10  and the payment of sales taxes due thereon is documented by a

11  general contractor or by the applicant in this manner, the

12  cost of such building materials shall be an amount equal to 40

13  percent of the increase in assessed value for ad valorem tax

14  purposes.

15         f.  The identifying number assigned pursuant to s.

16  290.0065 to the enterprise zone or designated brownfield area

17  in which the rehabilitated real property is located.

18         g.  A certification by the local building code

19  inspector that the improvements necessary to accomplish the

20  rehabilitation of the real property are substantially

21  completed.

22         h.  Whether the business is a small business as defined

23  by s. 288.703(1).

24         i.  If applicable, the name and address of each

25  permanent employee of the business, including, for each

26  employee who is a resident of an enterprise zone or designated

27  brownfield area, the identifying number assigned pursuant to

28  s. 290.0065 to the enterprise zone in which the employee

29  resides.

30         2.  This exemption inures to a city, county, or other

31  governmental agency through a refund of previously paid taxes

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  1  if the building materials used in the rehabilitation of real

  2  property located in an enterprise zone or designated

  3  brownfield area are paid for from the funds of a community

  4  development block grant or similar grant or loan program. To

  5  receive a refund pursuant to this paragraph, a city, county,

  6  or other governmental agency must file an application which

  7  includes the same information required to be provided in

  8  subparagraph 1. by an owner, lessee, or lessor of

  9  rehabilitated real property. In addition, the application must

10  include a sworn statement signed by the chief executive

11  officer of the city, county, or other governmental agency

12  seeking a refund which states that the building materials for

13  which a refund is sought were paid for from the funds of a

14  community development block grant or similar grant or loan

15  program.

16         3.  Within 10 working days after receipt of an

17  application, the governing body or enterprise zone development

18  agency having jurisdiction over the enterprise zone or

19  designated brownfield area shall review the application to

20  determine if it contains all the information required pursuant

21  to subparagraph 1. or subparagraph 2. and meets the criteria

22  set out in this paragraph. The governing body or agency shall

23  certify all applications that contain the information required

24  pursuant to subparagraph 1. or subparagraph 2. and meet the

25  criteria set out in this paragraph as eligible to receive a

26  refund. If applicable, the governing body or agency shall also

27  certify if 20 percent of the employees of the business are

28  residents of an enterprise zone or designated brownfield area,

29  excluding temporary and part-time employees. The certification

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

31  transmitted to the executive director of the Department of

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  1  Revenue. The applicant shall be responsible for forwarding a

  2  certified application to the department within the time

  3  specified in subparagraph 4.

  4         4.  An application for a refund pursuant to this

  5  paragraph must be submitted to the department within 6 months

  6  after the rehabilitation of the property is deemed to be

  7  substantially completed by the local building code inspector.

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

  9  refund application made pursuant to this paragraph. No more

10  than one exemption through a refund of previously paid taxes

11  for the rehabilitation of real property shall be permitted for

12  any one parcel of real property. No refund shall be granted

13  pursuant to this paragraph unless the amount to be refunded

14  exceeds $500. No refund granted pursuant to this paragraph

15  shall exceed the lesser of 97 percent of the Florida sales or

16  use tax paid on the cost of the building materials used in the

17  rehabilitation of the real property as determined pursuant to

18  sub-subparagraph 1.e. or $5,000, or, if no less than 20

19  percent of the employees of the business are residents of an

20  enterprise zone or designated brownfield area, excluding

21  temporary and part-time employees, the amount of refund

22  granted pursuant to this paragraph shall not exceed the lesser

23  of 97 percent of the sales tax paid on the cost of such

24  building materials or $10,000. A refund approved pursuant to

25  this paragraph shall be made within 30 days of formal approval

26  by the department of the application for the refund.

27         6.  The department shall adopt rules governing the

28  manner and form of refund applications and may establish

29  guidelines as to the requisites for an affirmative showing of

30  qualification for exemption under this paragraph.

31

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  1         7.  The department shall deduct an amount equal to 10

  2  percent of each refund granted under the provisions of this

  3  paragraph from the amount transferred into the Local

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

  5  s. 212.20 for the county area in which the rehabilitated real

  6  property is located and shall transfer that amount to the

  7  General Revenue Fund.

  8         8.  For the purposes of the exemption provided in this

  9  paragraph:

10         a.  "Building materials" means tangible personal

11  property that which becomes a component part of improvements

12  to real property.

13         b.  "Real property" has the same meaning as provided in

14  s. 192.001(12).

15         c.  "Rehabilitation of real property" means the

16  reconstruction, renovation, restoration, rehabilitation,

17  construction, or expansion of improvements to real property.

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

19  provided in s. 192.042(1).

20         9.  The provisions of this paragraph shall expire and

21  be void on December 31, 2005.

22         (h)  Business property used in an enterprise zone or

23  designated brownfield area.--

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

25  for use by businesses located in an enterprise zone that which

26  is subsequently used in an enterprise zone or, after July 1,

27  1997, in a designated brownfield area under s. 376.80, shall

28  be exempt from the tax imposed by this chapter. This exemption

29  inures to the business only through a refund of previously

30  paid taxes. A refund shall be authorized upon an affirmative

31

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  1  showing by the taxpayer to the satisfaction of the department

  2  that the requirements of this paragraph have been met.

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

  4  oath with the governing body or enterprise zone development

  5  agency having jurisdiction over the enterprise zone or

  6  designated brownfield area where the business is located, as

  7  applicable, an application which includes:

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

  9  refund.

10         b.  The identifying number assigned pursuant to s.

11  290.0065 to the enterprise zone in which the business is

12  located.

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

14  refund is sought, including its serial number or other

15  permanent identification number.

16         d.  The location of the property.

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

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

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

20  from whom the property was purchased.

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

22  by s. 288.703(1).

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

24  permanent employee of the business, including, for each

25  employee who is a resident of an enterprise zone or designated

26  brownfield area, the identifying number assigned pursuant to

27  s. 290.0065 to the enterprise zone or designated brownfield

28  area in which the employee resides.

29         3.  Within 10 working days after receipt of an

30  application, the governing body or enterprise zone development

31  agency having jurisdiction over the enterprise zone or

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  1  designated brownfield area shall review the application to

  2  determine if it contains all the information required pursuant

  3  to subparagraph 2. and meets the criteria set out in this

  4  paragraph. The governing body or agency shall certify all

  5  applications that contain the information required pursuant to

  6  subparagraph 2. and meet the criteria set out in this

  7  paragraph as eligible to receive a refund. If applicable, the

  8  governing body or agency shall also certify if 20 percent of

  9  the employees of the business are residents of an enterprise

10  zone or designated brownfield area, excluding temporary and

11  part-time employees. The certification shall be in writing,

12  and a copy of the certification shall be transmitted to the

13  executive director of the Department of Revenue. The business

14  shall be responsible for forwarding a certified application to

15  the department within the time 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 or designated brownfield area, excluding

26  temporary and part-time employees, the amount refunded on

27  purchases of business property under this paragraph shall be

28  the lesser of 97 percent of the sales tax paid on such

29  business property or $10,000. A refund approved pursuant to

30  this paragraph shall be made within 30 days of formal approval

31  by the department of the application for the refund. No refund

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  1  shall be granted under this paragraph unless the amount to be

  2  refunded exceeds $100 in sales tax paid on purchases made

  3  within a 60-day time 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 or designated

10  brownfield area within 3 years from the date of purchase, the

11  amount of taxes refunded to the business purchasing such

12  business property shall immediately be due and payable to the

13  department by the business, together with the appropriate

14  interest and penalty, computed from the date of purchase, in

15  the manner provided by this chapter.  Notwithstanding this

16  subparagraph, business property used 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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  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 2.  This act shall take effect July 1, 2001.

18

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

20                          SENATE SUMMARY

21    Provides an exemption from the sales and use tax for
      building materials and business property used by
22    businesses in a designated brownfield area.

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