HB 0573CS

CHAMBER ACTION




1The Economic Development, Trade & Banking Committee recommends
2the following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to enterprise zones; authorizing the
8Office of Tourism, Trade, and Economic Development to
9approve requests to amend enterprise zone boundaries;
10providing amendment requirements; authorizing existing
11enterprise zones to request recertification; providing
12request requirements; amending s. 212.08, F.S.; revising
13the definition of the term "business property"; amending
14s. 290.016, F.S.; extending the expiration date of the
15Florida Enterprise Zone Act of 1994; requiring the Office
16of Program Policy Analysis and Government Accountability
17to conduct a study of rural enterprise zone issues
18relating to tax incentives and jobs creation; requiring a
19report to the Legislature; providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  (1)  Notwithstanding any provision of ss.
24290.001-290.016, Florida Statutes, the Office of Tourism, Trade,
25and Economic Development may approve any request to amend the
26boundaries of an enterprise zone created or recertified after
27September 1, 2005. Boundary amendments authorized pursuant to
28this subsection are subject to the following requirements:
29     (a)  The amendment shall not increase the overall size of
30the zone beyond 20 square miles.
31     (b)  The amendment shall be consistent with the rationale
32for the establishment of the enterprise zone as provided in s.
33290.0058.
34     (c)  The local enterprise zone development agency shall
35request the amendment from the Office of Tourism, Trade, and
36Economic Development. The request must contain maps and
37sufficient information to allow the office to determine the
38number of noncontiguous areas and the total enterprise zone
39size. The request must also contain the justification for
40changing the existing enterprise zone boundaries.
41     (d)  The office shall have 30 days to review and act upon
42the boundary amendment request.
43     (2)  All enterprise zones existing as of December 31, 2004,
44may submit a letter requesting recertification of the existing
45enterprise zone to the Office of Tourism, Trade, and Economic
46Development by September 1, 2005. No reasonable request for
47recertification shall be denied. Such request shall include:
48     (a)  A description of the progress made within the zone as
49measured against the existing strategic plan.
50     (b)  A map of the zone.
51     (c)  A statement of the goals for the next calendar year,
52including, but not limited to, the number of new jobs, housing
53starts, and infrastructure projects and new capital investment.
54     (d)  A narrative description of the zone with address
55ranges.
56     Section 2.  Paragraph (h) of subsection (5) of section
57212.08, Florida Statutes, is amended to read:
58     212.08  Sales, rental, use, consumption, distribution, and
59storage tax; specified exemptions.--The sale at retail, the
60rental, the use, the consumption, the distribution, and the
61storage to be used or consumed in this state of the following
62are hereby specifically exempt from the tax imposed by this
63chapter.
64     (5)  EXEMPTIONS; ACCOUNT OF USE.--
65     (h)  Business property used in an enterprise zone.--
66     1.  Business property purchased for use by businesses
67located in an enterprise zone which is subsequently used in an
68enterprise zone shall be exempt from the tax imposed by this
69chapter. This exemption inures to the business only through a
70refund of previously paid taxes. A refund shall be authorized
71upon an affirmative showing by the taxpayer to the satisfaction
72of the department that the requirements of this paragraph have
73been met.
74     2.  To receive a refund, the business must file under oath
75with the governing body or enterprise zone development agency
76having jurisdiction over the enterprise zone where the business
77is located, as applicable, an application which includes:
78     a.  The name and address of the business claiming the
79refund.
80     b.  The identifying number assigned pursuant to s. 290.0065
81to the enterprise zone in which the business is located.
82     c.  A specific description of the property for which a
83refund is sought, including its serial number or other permanent
84identification number.
85     d.  The location of the property.
86     e.  The sales invoice or other proof of purchase of the
87property, showing the amount of sales tax paid, the date of
88purchase, and the name and address of the sales tax dealer from
89whom the property was purchased.
90     f.  Whether the business is a small business as defined by
91s. 288.703(1).
92     g.  If applicable, the name and address of each permanent
93employee of the business, including, for each employee who is a
94resident of an enterprise zone, the identifying number assigned
95pursuant to s. 290.0065 to the enterprise zone in which the
96employee resides.
97     3.  Within 10 working days after receipt of an application,
98the governing body or enterprise zone development agency shall
99review the application to determine if it contains all the
100information required pursuant to subparagraph 2. and meets the
101criteria set out in this paragraph. The governing body or agency
102shall certify all applications that contain the information
103required pursuant to subparagraph 2. and meet the criteria set
104out in this paragraph as eligible to receive a refund. If
105applicable, the governing body or agency shall also certify if
10620 percent of the employees of the business are residents of an
107enterprise zone, excluding temporary and part-time employees.
108The certification shall be in writing, and a copy of the
109certification shall be transmitted to the executive director of
110the Department of Revenue. The business shall be responsible for
111forwarding a certified application to the department within the
112time specified in subparagraph 4.
113     4.  An application for a refund pursuant to this paragraph
114must be submitted to the department within 6 months after the
115tax is due on the business property that is purchased.
116     5.  The provisions of s. 212.095 do not apply to any refund
117application made pursuant to this paragraph. The amount refunded
118on purchases of business property under this paragraph shall be
119the lesser of 97 percent of the sales tax paid on such business
120property or $5,000, or, if no less than 20 percent of the
121employees of the business are residents of an enterprise zone,
122excluding temporary and part-time employees, the amount refunded
123on purchases of business property under this paragraph shall be
124the lesser of 97 percent of the sales tax paid on such business
125property or $10,000. A refund approved pursuant to this
126paragraph shall be made within 30 days of formal approval by the
127department of the application for the refund. No refund shall be
128granted under this paragraph unless the amount to be refunded
129exceeds $100 in sales tax paid on purchases made within a 60-day
130time period.
131     6.  The department shall adopt rules governing the manner
132and form of refund applications and may establish guidelines as
133to the requisites for an affirmative showing of qualification
134for exemption under this paragraph.
135     7.  If the department determines that the business property
136is used outside an enterprise zone within 3 years from the date
137of purchase, the amount of taxes refunded to the business
138purchasing such business property shall immediately be due and
139payable to the department by the business, together with the
140appropriate interest and penalty, computed from the date of
141purchase, in the manner provided by this chapter.
142Notwithstanding this subparagraph, business property used
143exclusively in:
144     a.  Licensed commercial fishing vessels,
145     b.  Fishing guide boats, or
146     c.  Ecotourism guide boats
147
148that leave and return to a fixed location within an area
149designated under s. 370.28 are eligible for the exemption
150provided under this paragraph if all requirements of this
151paragraph are met. Such vessels and boats must be owned by a
152business that is eligible to receive the exemption provided
153under this paragraph. This exemption does not apply to the
154purchase of a vessel or boat.
155     8.  The department shall deduct an amount equal to 10
156percent of each refund granted under the provisions of this
157paragraph from the amount transferred into the Local Government
158Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20
159for the county area in which the business property is located
160and shall transfer that amount to the General Revenue Fund.
161     9.  For the purposes of this exemption, "business property"
162means new or used property defined as "recovery property" in s.
163168(c) of the Internal Revenue Code of 1954, as amended, except:
164     a.  Property classified as 3-year property under s.
165168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;
166     b.  Industrial machinery and equipment as defined in sub-
167subparagraph (b)6.a. and eligible for exemption under paragraph
168(b);
169     c.  Building materials as defined in sub-subparagraph
170(g)8.a.; and
171     d.  Business property having a sales price of under $500
172$5,000 per unit.
173     10.  The provisions of this paragraph shall expire and be
174void on December 31, 2005.
175     Section 3.  Section 290.016, Florida Statutes, is amended
176to read:
177     290.016  Repeal.--Sections 290.001-290.015 shall stand
178repealed on December 31, 2015 2005.
179     Section 4.  The Office of Program Policy Analysis and
180Government Accountability shall conduct an evaluation of the tax
181incentives available to rural enterprise zones and the
182effectiveness of rural enterprise zones in creating jobs. In
183particular, the evaluation must consider whether existing tax
184and other financial incentives available under the Enterprise
185Zone Act are appropriate for businesses located in rural
186enterprise zones and whether incentives such as the transfer of
187unused tax credits would enhance the effectiveness of rural
188enterprise zones. The evaluation shall include an estimation of
189the costs of new tax incentives. The evaluation shall also
190identify obstacles faced by rural enterprise zones and recommend
191possible solutions. The office shall conduct its evaluation and
192make a report containing its findings and recommendations to the
193President of the Senate and the Speaker of the House of
194Representatives by December 1, 2005.
195     Section 5.  This act shall take effect July 1, 2005.


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