HB 0573

1
A bill to be entitled
2An act relating to enterprise zones; authorizing the
3Office of Tourism, Trade, and Economic Development to
4approve requests to amend enterprise zone boundaries;
5providing amendment requirements; authorizing existing
6enterprise zones to request recertification; providing
7request requirements; amending s. 212.08, F.S.; reducing
8the amount of sales tax refunded for business property
9used in an enterprise zone; revising the definition of the
10term "business property"; amending s. 290.007, F.S.;
11authorizing eligible businesses to transfer unused
12credits; providing requirements and limitations; amending
13s. 290.016, F.S.; extending the expiration date of the
14Florida Enterprise Zone Act of 1994; providing an
15effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  (1)  Notwithstanding any provision of ss.
20290.001-290.016, Florida Statutes, the Office of Tourism, Trade,
21and Economic Development may approve any request to amend the
22boundaries of an enterprise zone created or recertified after
23September 1, 2005. Boundary amendments authorized pursuant to
24this subsection are subject to the following requirements:
25     (a)  The amendment shall not increase the overall size of
26the zone beyond 20 square miles.
27     (b)  The amendment shall be consistent with the rationale
28for the establishment of the enterprise zone as provided in s.
29290.0058.
30     (c)  The local enterprise zone development agency shall
31request the amendment from the Office of Tourism, Trade, and
32Economic Development. The request must contain maps and
33sufficient information to allow the office to determine the
34number of noncontiguous areas and the total enterprise zone
35size. The request must also contain the justification for
36changing the existing enterprise zone boundaries.
37     (d)  The office shall have 30 days to review and act upon
38the boundary amendment request.
39     (2)  All enterprise zones existing as of December 31, 2004,
40may submit a letter requesting recertification of the existing
41enterprise zone to the Office of Tourism, Trade, and Economic
42Development by September 1, 2005. No reasonable request for
43recertification shall be denied. Such request shall include:
44     (a)  A description of the progress made within the zone as
45measured against the existing strategic plan.
46     (b)  A map of the zone.
47     (c)  A statement of the goals for the next calendar year,
48including, but not limited to, the number of new jobs, housing
49starts, and infrastructure projects and new capital investment.
50     (d)  A narrative description of the zone with address
51ranges.
52     Section 2.  Paragraph (h) of subsection (5) of section
53212.08, Florida Statutes, is amended to read:
54     212.08  Sales, rental, use, consumption, distribution, and
55storage tax; specified exemptions.--The sale at retail, the
56rental, the use, the consumption, the distribution, and the
57storage to be used or consumed in this state of the following
58are hereby specifically exempt from the tax imposed by this
59chapter.
60     (5)  EXEMPTIONS; ACCOUNT OF USE.--
61     (h)  Business property used in an enterprise zone.--
62     1.  Business property purchased for use by businesses
63located in an enterprise zone which is subsequently used in an
64enterprise zone shall be exempt from the tax imposed by this
65chapter. This exemption inures to the business only through a
66refund of previously paid taxes. A refund shall be authorized
67upon an affirmative showing by the taxpayer to the satisfaction
68of the department that the requirements of this paragraph have
69been met.
70     2.  To receive a refund, the business must file under oath
71with the governing body or enterprise zone development agency
72having jurisdiction over the enterprise zone where the business
73is located, as applicable, an application which includes:
74     a.  The name and address of the business claiming the
75refund.
76     b.  The identifying number assigned pursuant to s. 290.0065
77to the enterprise zone in which the business is located.
78     c.  A specific description of the property for which a
79refund is sought, including its serial number or other permanent
80identification number.
81     d.  The location of the property.
82     e.  The sales invoice or other proof of purchase of the
83property, showing the amount of sales tax paid, the date of
84purchase, and the name and address of the sales tax dealer from
85whom the property was purchased.
86     f.  Whether the business is a small business as defined by
87s. 288.703(1).
88     g.  If applicable, the name and address of each permanent
89employee of the business, including, for each employee who is a
90resident of an enterprise zone, the identifying number assigned
91pursuant to s. 290.0065 to the enterprise zone in which the
92employee resides.
93     3.  Within 10 working days after receipt of an application,
94the governing body or enterprise zone development agency shall
95review the application to determine if it contains all the
96information required pursuant to subparagraph 2. and meets the
97criteria set out in this paragraph. The governing body or agency
98shall certify all applications that contain the information
99required pursuant to subparagraph 2. and meet the criteria set
100out in this paragraph as eligible to receive a refund. If
101applicable, the governing body or agency shall also certify if
10220 percent of the employees of the business are residents of an
103enterprise zone, excluding temporary and part-time employees.
104The certification shall be in writing, and a copy of the
105certification shall be transmitted to the executive director of
106the Department of Revenue. The business shall be responsible for
107forwarding a certified application to the department within the
108time specified in subparagraph 4.
109     4.  An application for a refund pursuant to this paragraph
110must be submitted to the department within 6 months after the
111tax is due on the business property that is purchased.
112     5.  The provisions of s. 212.095 do not apply to any refund
113application made pursuant to this paragraph. The amount refunded
114on purchases of business property under this paragraph shall be
115the lesser of 97 percent of the sales tax paid on such business
116property or $500 $5,000, or, if no less than 20 percent of the
117employees of the business are residents of an enterprise zone,
118excluding temporary and part-time employees, the amount refunded
119on purchases of business property under this paragraph shall be
120the lesser of 97 percent of the sales tax paid on such business
121property or $1,000 $10,000. A refund approved pursuant to this
122paragraph shall be made within 30 days of formal approval by the
123department of the application for the refund. No refund shall be
124granted under this paragraph unless the amount to be refunded
125exceeds $100 in sales tax paid on purchases made within a 60-day
126time period.
127     6.  The department shall adopt rules governing the manner
128and form of refund applications and may establish guidelines as
129to the requisites for an affirmative showing of qualification
130for exemption under this paragraph.
131     7.  If the department determines that the business property
132is used outside an enterprise zone within 3 years from the date
133of purchase, the amount of taxes refunded to the business
134purchasing such business property shall immediately be due and
135payable to the department by the business, together with the
136appropriate interest and penalty, computed from the date of
137purchase, in the manner provided by this chapter.
138Notwithstanding this subparagraph, business property used
139exclusively in:
140     a.  Licensed commercial fishing vessels,
141     b.  Fishing guide boats, or
142     c.  Ecotourism guide boats
143
144that leave and return to a fixed location within an area
145designated under s. 370.28 are eligible for the exemption
146provided under this paragraph if all requirements of this
147paragraph are met. Such vessels and boats must be owned by a
148business that is eligible to receive the exemption provided
149under this paragraph. This exemption does not apply to the
150purchase of a vessel or boat.
151     8.  The department shall deduct an amount equal to 10
152percent of each refund granted under the provisions of this
153paragraph from the amount transferred into the Local Government
154Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20
155for the county area in which the business property is located
156and shall transfer that amount to the General Revenue Fund.
157     9.  For the purposes of this exemption, "business property"
158means new or used property defined as "recovery property" in s.
159168(c) of the Internal Revenue Code of 1954, as amended, except:
160     a.  Property classified as 3-year property under s.
161168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;
162     b.  Industrial machinery and equipment as defined in sub-
163subparagraph (b)6.a. and eligible for exemption under paragraph
164(b);
165     c.  Building materials as defined in sub-subparagraph
166(g)8.a.; and
167     d.  Business property having a sales price of under $500
168$5,000 per unit.
169     10.  The provisions of this paragraph shall expire and be
170void on December 31, 2005.
171     Section 3.  Subsection (9) is added to section 290.007,
172Florida Statutes, to read:
173     290.007  State incentives available in enterprise
174zones.--The following incentives are provided by the state to
175encourage the revitalization of enterprise zones:
176     (9)  An eligible business may transfer any unused credit in
177whole or in units of no less than 25 percent of the remaining
178credit. The entity acquiring such credit may use the credit in
179the same manner and with the same limitation as described in ss.
180212.096 and 220.181. Such transferred credits may not be
181transferred again but may succeed to a surviving or acquiring
182entity subject to the same conditions and limitations described
183in this section.
184     Section 4.  Section 290.016, Florida Statutes, is amended
185to read:
186     290.016  Repeal.--Sections 290.001-290.015 shall stand
187repealed on December 31, 2015 2005.
188     Section 5.  This act shall take effect July 1, 2005.


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