HB 1543

1
A bill to be entitled
2An act relating to urban revitalization tax-free zones;
3providing a popular name; defining the terms "business,"
4"tax-free zone," and "urban revitalization task force";
5providing criteria and procedures for the urban
6revitalization tax-free zones pilot project; providing for
7certain tax exemptions for businesses in such zones under
8certain circumstances; requiring businesses to apply to a
9respective urban revitalization tax force for exemption
10certification; providing procedures and requirements for
11certification of exemption by such task forces; requiring
12the Department of Revenue to issue tax exemption
13certificates to businesses in such zones under certain
14circumstances; providing exemption eligibility
15requirements; providing an expiration date; creating the
16Miami-Dade County and the Duval County Urban
17Revitalization Task Forces; providing for membership and
18duties; requiring reports; requiring review of the urban
19revitalization tax-free zones pilot project by the Office
20of Program Policy Analysis and Government Accountability;
21providing review criteria; requiring a report to the
22Legislature; providing for future repeal of the act;
23providing an effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Popular name.--This act may be cited as the
28"Urban Revitalization Tax-Free Zone Pilot Project Act."
29     Section 2.  Definitions.--As used in this act, the term:
30     (1)  "Business" shall have the same meaning as provided in
31s. 212.02(2), Florida Statutes.
32     (2)  "Tax-free zone" means an urban revitalization zone
33that will allow qualified businesses certified by each
34respective urban revitalization task force to be exempt from the
35sales and use tax imposed pursuant to chapter 212, Florida
36Statutes, and the excise tax on documents imposed pursuant to
37chapter 201, Florida Statutes, within a portion of Miami-Dade
38County, specifically the area bordered by Northwest 23rd Street
39to the north, Northwest 5th Street to the south, Northeast First
40Avenue to the east, and Northwest 8th Avenue to the west, and
41within a portion of Duval County, specifically the area bordered
42by A. Phillip Randolph Boulevard to the north, Tallyrand Road to
43the south, Ninth Street to the west, and Union Street to the
44east.
45     (3)  "Urban revitalization task force" means a task force
46created pursuant to this act that certifies businesses in each
47tax-free zone for exemption from the excise tax on documents
48imposed pursuant to chapter 201, Florida Statutes, and the sales
49and use tax imposed pursuant to chapter 212, Florida Statutes.
50     Section 3.  Urban revitalization tax-free zone; criteria;
51procedures.--
52     (1)(a)  A business established on or after July 1, 2005, in
53a tax-free zone shall receive an exemption from the excise tax
54on documents imposed pursuant to chapter 201, Florida Statutes,
55and the sales and use tax imposed pursuant to chapter 212,
56Florida Statutes. In order for a business to receive a
57certification exempting the business from the sales and use tax
58and the excise tax on documents, the business must apply with
59the respective jurisdictional urban revitalization task force
60created pursuant to section 4 for certification to receive such
61exemption.
62     (b)  For a business established in a tax-fee zone on or
63after July 1, 2005, the exemption shall be available for a
64period not to exceed 10 years, beginning in the year in which
65the business receives its initial certification from the
66respective task force and continuing for the 10 years
67immediately following such certification. For any business
68established prior to July 1, 2005, the exemption shall be
69available for a period not to exceed 5 years, beginning in the
70year in which the business receives its initial certification
71from the task force and continuing for the 5 years immediately
72following such certification.
73     (c)  To receive a certification for an exemption, a
74business must file an application for certification with the
75appropriate jurisdictional urban revitalization task force. The
76application shall be filed no later than September 1 of the
77preceding tax year in which the business is seeking an
78exemption. The application shall be made on a form prescribed by
79the task force and shall include separate descriptions of:
80     1.  Real and tangible personal property owned or leased by
81the business prior to expansion, if any.
82     2.  Net new or additional real and tangible personal
83property acquired to facilitate a new, expanded, or rebuilt
84facility.
85     (d)  The respective task force shall review the application
86to determine whether the application contains all the
87information required pursuant to this section and meets the
88criteria specified in this section as well as criteria related
89to comprehensive urban planning, neighborhood aesthetics and
90compatibility, and maximization of economic development and job
91creation opportunities. The respective task force shall certify
92each business that submits an application that contains the
93information required pursuant to this section and meets the
94criteria specified in this section as eligible to receive an
95exemption. The certification shall be in writing and a copy of
96the certification shall be transmitted to the executive director
97of the Department of Revenue within 10 days after approval of
98the certification by the respective task force.
99     (2)  The Department of Revenue shall issue a tax exemption
100permit to each business holding an exemption certification
101issued by the respective task force.
102     (3)  In order to qualify for a tax exemption under this
103act, a business must provide a statement that no less than 20
104percent of its employees are residents of the tax-free zone or
105an enterprise zone located within the county in which the tax-
106free zone is located. The business may be exempt from this 20-
107percent requirement if the business is able to demonstrate just
108cause to the respective task force. It shall be a condition
109precedent to maintaining tax-exempt status that such employment
110requirements be fulfilled throughout each year during the
111respective 5-year or 10-year period of the exemption. The
112statement shall set forth the name and place of residence of
113each permanent employee on the last day of business of the tax
114year for which the exemption is claimed or, if an employee is no
115longer employed or eligible for the credit on that date, on the
116last calendar day of the last full calendar month the employee
117was employed or eligible for the credit at the relevant site.
118     (4)  The provisions of this section shall expire and be
119void on June 30, 2013, and no business shall be allowed to claim
120the exemptions provided under this act after that date.
121     Section 4.  Urban revitalization task forces; creation;
122membership and duties.--
123     (1)  The Miami-Dade County Urban Revitalization Task Force
124and the Duval County Urban Revitalization Task Force are
125created. Each task force shall be composed of a business owner
126operating within the tax-free zone, appointed by the Governor; a
127resident residing within the tax-free zone, appointed by the
128Governor; a member of the House of Representatives residing in
129each respective tax-free zone, appointed by the Speaker of the
130House of Representatives; a member of the Senate residing in
131each respective tax-free zone, appointed by the President of the
132Senate; in Miami-Dade County, a county commissioner appointed by
133the county mayor and a city commissioner appointed by the Mayor
134of Miami; in Duval County, a councilperson appointed by the
135Mayor of Jacksonville and a councilperson appointed by the
136president of the Jacksonville consolidated city council; and the
137director of the Office of Tourism, Trade, and Economic
138Development. The terms of office for task force members shall be
139for 4 years each, except that members appointed by the Speaker
140of the House of Representatives and the President of the Senate
141shall serve for terms of 2 years each. A vacancy occurring
142during a term shall be filled for the unexpired term in the same
143manner as the original appointment. A task force member shall
144receive no compensation for his or her services, but is entitled
145to the necessary expenses, including travel expenses, as
146provided in s. 112.061, Florida Statutes, incurred in the
147discharge of his or her duties. Each task force member shall
148hold office until a successor has been appointed and has
149qualified. A certificate of the appointment or reappointment of
150any task force member shall be filed with the Clerk of Miami-
151Dade County or the Clerk of Duval County, respectively, and the
152certificate is conclusive evidence of the due and proper
153appointment of the task force member. The task force must meet
154at least quarterly in order to review applications and make
155determinations as to businesses eligible to attain tax-exempt
156status. The task force shall vote and designate a chair and vice
157chair. Members of each task force who are members of the
158Legislature or city or county commissioners or council members
159shall be ex officio nonvoting members.
160     (2)  Subject to funding by the Miami-Dade County Commission
161and the Duval County/Jacksonville City Council, respectively,
162each task force may employ or designate an executive director,
163technical experts, and such other agents and employees,
164permanent and temporary, as the task force requires and
165determine their qualifications, duties, and compensation. For
166such legal services as the task force requires, each task force
167may employ or retain its own counsel and legal staff. Each task
168force authorized to transact business and exercise powers under
169this act shall file with the Clerk of Miami-Dade County or the
170Clerk of Duval County respectively, on or before March 31 of
171each year, a report of its activities for the preceding fiscal
172year, which report shall include a complete financial statement
173setting forth its assets, liabilities, income, and operating
174expenses as of the end of such fiscal year. At the time of
175filing the report, each task force shall publish in a newspaper
176of general circulation in the community a notice to the effect
177that such report has been filed with the respective county or
178county/city authority and is available for inspection during
179business hours in the offices of the respective task force.
180     (3)  Each task force shall submit a report of its
181activities to the Governor, the Speaker of the House of
182Representatives, and the President of the Senate by February 15
183of each year.
184     Section 5.  Review of pilot project.--Prior to the 2015
185Regular Session of the Legislature, the Office of Program Policy
186Analysis and Government Accountability shall review and evaluate
187the effectiveness and viability of the urban revitalization tax-
188free zones created under this act. The Office of Program Policy
189Analysis and Government Accountability shall specifically
190evaluate whether relief from the specified taxes caused or
191induced new investment and development in the area; increased
192the number of jobs created or retained in the area; caused or
193induced the renovation, rehabilitation, restoration,
194improvement, or new construction of businesses or housing within
195the area; or contributed to the economic viability and
196profitability of business and commerce located within the area.
197The Office of Program Policy Analysis and Government
198Accountability shall submit a report of its findings and
199recommendations to the Speaker of the House of Representatives
200and the President of the Senate no later than January 15, 2015.
201     Section 6.  This act is repealed June 30, 2015, and any
202designation made pursuant to this act shall be revoked on that
203date.
204     Section 7.  This act shall take effect January 1, 2006.


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