SENATE AMENDMENT
    Bill No. SB 2164
    Amendment No. 3   Barcode 891668
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Commerce, Economic Opportunities, and
12  Consumer Services recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         On page 1, between lines 23 and 24,
16  
17  insert:  
18         Section 2.  Paragraph (h) of subsection (5) of section
19  212.08, Florida Statutes, is amended 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         (h)  Business property used in an enterprise zone.--
28         1.  Business property purchased for use by businesses
29  located in an enterprise zone which is subsequently used in an
30  enterprise zone shall be exempt from the tax imposed by this
31  chapter. This exemption inures to the business only through a
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SENATE AMENDMENT Bill No. SB 2164 Amendment No. 3 Barcode 891668 1 refund of previously paid taxes. A refund shall be authorized 2 upon an affirmative showing by the taxpayer to the 3 satisfaction of the department that the requirements of this 4 paragraph have been met. 5 2. To receive a refund, the business must file under 6 oath with the governing body or enterprise zone development 7 agency having jurisdiction over the enterprise zone where the 8 business is located, as applicable, an application which 9 includes: 10 a. The name and address of the business claiming the 11 refund. 12 b. The identifying number assigned pursuant to s. 13 290.0065 to the enterprise zone in which the business is 14 located. 15 c. A specific description of the property for which a 16 refund is sought, including its serial number or other 17 permanent identification number. 18 d. The location of the property. 19 e. The sales invoice or other proof of purchase of the 20 property, showing the amount of sales tax paid, the date of 21 purchase, and the name and address of the sales tax dealer 22 from whom the property was purchased. 23 f. Whether the business is a small business as defined 24 by s. 288.703(1). 25 g. If applicable, the name and address of each 26 permanent employee of the business, including, for each 27 employee who is a resident of an enterprise zone, the 28 identifying number assigned pursuant to s. 290.0065 to the 29 enterprise zone in which the employee resides. 30 3. Within 10 working days after receipt of an 31 application, the governing body or enterprise zone development 2 4:09 PM 03/25/03 s2164.cm.03
SENATE AMENDMENT Bill No. SB 2164 Amendment No. 3 Barcode 891668 1 agency shall review the application to determine if it 2 contains all the information required pursuant to subparagraph 3 2. and meets the criteria set out in this paragraph. The 4 governing body or agency shall certify all applications that 5 contain the information required pursuant to subparagraph 2. 6 and meet the criteria set out in this paragraph as eligible to 7 receive a refund. If applicable, the governing body or agency 8 shall also certify if 20 percent of the employees of the 9 business are residents of an enterprise zone, excluding 10 temporary and part-time employees. The certification shall be 11 in writing, and a copy of the certification shall be 12 transmitted to the executive director of the Department of 13 Revenue. The business shall be responsible for forwarding a 14 certified application to the department within the time 15 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 tax is due on the business property that is 19 purchased. 20 5. The provisions of s. 212.095 do not apply to any 21 refund application made pursuant to this paragraph. The amount 22 refunded on purchases of business property under this 23 paragraph shall be the lesser of 97 percent of the sales tax 24 paid on such business property or $5,000, or, if no less than 25 20 percent of the employees of the business are residents of 26 an enterprise zone, excluding temporary and part-time 27 employees, the amount refunded on purchases of business 28 property under this paragraph shall be the lesser of 97 29 percent of the sales tax paid on such business property or 30 $10,000. A refund approved pursuant to this paragraph shall be 31 made within 30 days of formal approval by the department of 3 4:09 PM 03/25/03 s2164.cm.03
SENATE AMENDMENT Bill No. SB 2164 Amendment No. 3 Barcode 891668 1 the application for the refund. No refund shall be granted 2 under this paragraph unless the amount to be refunded exceeds 3 $100 in sales tax paid on purchases made within a 60-day time 4 period. 5 6. The department shall adopt rules governing the 6 manner and form of refund applications and may establish 7 guidelines as to the requisites for an affirmative showing of 8 qualification for exemption under this paragraph. 9 7. If the department determines that the business 10 property is used outside an enterprise zone within 3 years 11 from the date of purchase, the amount of taxes refunded to the 12 business purchasing such business property shall immediately 13 be due and payable to the department by the business, together 14 with the appropriate interest and penalty, computed from the 15 date of purchase, in the manner provided by this chapter. 16 Notwithstanding this subparagraph, business property used 17 exclusively in: 18 a. Licensed commercial fishing vessels, 19 b. Fishing guide boats, or 20 c. Ecotourism guide boats 21 22 that leave and return to a fixed location within an area 23 designated under s. 370.28 are eligible for the exemption 24 provided under this paragraph if all requirements of this 25 paragraph are met. Such vessels and boats must be owned by a 26 business that is eligible to receive the exemption provided 27 under this paragraph. This exemption does not apply to the 28 purchase of a vessel or boat. 29 8. The department shall deduct an amount equal to 10 30 percent of each refund granted under the provisions of this 31 paragraph from the amount transferred into the Local 4 4:09 PM 03/25/03 s2164.cm.03
SENATE AMENDMENT Bill No. SB 2164 Amendment No. 3 Barcode 891668 1 Government Half-cent Sales Tax Clearing Trust Fund pursuant to 2 s. 212.20 for the county area in which the business property 3 is located and shall transfer that amount to the General 4 Revenue Fund. 5 9. For the purposes of this exemption, "business 6 property" means new or used property defined as "recovery 7 property" in s. 168(c) of the Internal Revenue Code of 1954, 8 as amended, except: 9 a. Property classified as 3-year property under s. 10 168(c)(2)(A) of the Internal Revenue Code of 1954, as amended; 11 b. Industrial machinery and equipment as defined in 12 sub-subparagraph (b)6.a. and eligible for exemption under 13 paragraph (b); 14 c. Building materials as defined in sub-subparagraph 15 (g)8.a.; and 16 d. Business property having a sales price of under 17 $500 $5,000 per unit. 18 10. The provisions of this paragraph shall expire and 19 be void on December 31, 2005. 20 Section 3. Subsection (3) of section 290.00676, 21 Florida Statutes, is amended to read: 22 290.00676 Amendment of rural enterprise zone 23 boundaries.--Notwithstanding any other law, upon 24 recommendation by Enterprise Florida, Inc., the Office of 25 Tourism, Trade, and Economic Development may approve requests 26 to amend the boundaries of rural enterprise zones as defined 27 in s. 290.004(8). Boundary amendments authorized by this 28 section are subject to the following requirements: 29 (3) The local enterprise zone development agency must 30 request the amendment from Enterprise Florida, Inc., prior to 31 December 30, 2003 2001. The request must contain maps and 5 4:09 PM 03/25/03 s2164.cm.03
SENATE AMENDMENT Bill No. SB 2164 Amendment No. 3 Barcode 891668 1 sufficient information to allow the office to determine the 2 number of noncontiguous areas and the total size of the rural 3 enterprise zone. 4 5 (Redesignate subsequent sections.) 6 7 8 ================ T I T L E A M E N D M E N T =============== 9 And the title is amended as follows: 10 On page 1, line 6, after the semicolon, 11 12 insert: 13 amending s. 212.08, F.S.; reducing the minimum 14 purchase price for exemption from tax for 15 business property used in an enterprise zone; 16 amending s. 290.00676, F.S.; extending the 17 deadline for requests to amend rural enterprise 18 zone boundaries; 19 20 21 22 23 24 25 26 27 28 29 30 31 6 4:09 PM 03/25/03 s2164.cm.03