| 1 | A bill to be entitled |
| 2 | An act relating to enterprise zones; amending s. 195.099, |
| 3 | F.S.; reenacting a periodic review requirement; providing |
| 4 | for future expiration; amending s. 220.03, F.S.; revising |
| 5 | a definition; amending s. 212.08, F.S.; limiting the |
| 6 | exemption by refund of certain taxes for rehabilitation of |
| 7 | certain property in an enterprise zone; providing an |
| 8 | exception; providing for retroactive application; amending |
| 9 | s. 212.096, F.S.; revising a definition; revising an |
| 10 | information requirement for claiming an enterprise zone |
| 11 | jobs tax credit; amending s. 220.13, F.S.; reenacting a |
| 12 | definitional provision; providing for future expiration of |
| 13 | provisions relating to enterprise zone credits; amending |
| 14 | s. 220.181, F.S.; revising certain criteria for granting |
| 15 | an enterprise zone jobs tax credit; amending s. 290.0055, |
| 16 | F.S.; providing a property owner notification requirement |
| 17 | for a governing body adopting an enterprise zone boundary |
| 18 | change resolution; providing for time-limited continuing |
| 19 | eligibility for a building materials tax exemption for |
| 20 | certain businesses; specifying eligibility requirements; |
| 21 | providing for retroactive application; providing for |
| 22 | future repeal; providing an effective date. |
| 23 |
|
| 24 | Be It Enacted by the Legislature of the State of Florida: |
| 25 |
|
| 26 | Section 1. Subsection (1) of section 195.099, Florida |
| 27 | Statutes, is reenacted and amended to read: |
| 28 | 195.099 Periodic review.-- |
| 29 | (1)(a) The department shall periodically review the |
| 30 | assessments of new, rebuilt, and expanded business reported |
| 31 | according to s. 193.077(3), to ensure parity of level of |
| 32 | assessment with other classifications of property. |
| 33 | (b) The provisions of This subsection shall expire and be |
| 34 | void on the date specified in s. 290.016 for the expiration of |
| 35 | the Florida Enterprise Zone Act June 30, 2005. |
| 36 | Section 2. Paragraph (ff) of subsection (1) of section |
| 37 | 220.03, Florida Statutes, is amended to read: |
| 38 | 220.03 Definitions.-- |
| 39 | (1) SPECIFIC TERMS.--When used in this code, and when not |
| 40 | otherwise distinctly expressed or manifestly incompatible with |
| 41 | the intent thereof, the following terms shall have the following |
| 42 | meanings: |
| 43 | (ff) "New job has been created" means that, on the date of |
| 44 | application, the total number of full-time jobs is greater than |
| 45 | the total was has increased in an enterprise zone from the |
| 46 | average of the previous 12 months prior to that date, as |
| 47 | demonstrated to the department by a business located in the |
| 48 | enterprise zone. |
| 49 | Section 3. Paragraph (g) of subsection (5) of section |
| 50 | 212.08, Florida Statutes, is amended to read: |
| 51 | 212.08 Sales, rental, use, consumption, distribution, and |
| 52 | storage tax; specified exemptions.--The sale at retail, the |
| 53 | rental, the use, the consumption, the distribution, and the |
| 54 | storage to be used or consumed in this state of the following |
| 55 | are hereby specifically exempt from the tax imposed by this |
| 56 | chapter. |
| 57 | (5) EXEMPTIONS; ACCOUNT OF USE.-- |
| 58 | (g) Building materials used in the rehabilitation of real |
| 59 | property located in an enterprise zone.-- |
| 60 | 1. Building materials used in the rehabilitation of real |
| 61 | property located in an enterprise zone shall be exempt from the |
| 62 | tax imposed by this chapter upon an affirmative showing to the |
| 63 | satisfaction of the department that the items have been used for |
| 64 | the rehabilitation of real property located in an enterprise |
| 65 | zone. Except as provided in subparagraph 2., this exemption |
| 66 | inures to the owner, lessee, or lessor of the rehabilitated real |
| 67 | property located in an enterprise zone only through a refund of |
| 68 | previously paid taxes. To receive a refund pursuant to this |
| 69 | paragraph, the owner, lessee, or lessor of the rehabilitated |
| 70 | real property located in an enterprise zone must file an |
| 71 | application under oath with the governing body or enterprise |
| 72 | zone development agency having jurisdiction over the enterprise |
| 73 | zone where the business is located, as applicable, which |
| 74 | includes: |
| 75 | a. The name and address of the person claiming the refund. |
| 76 | b. An address and assessment roll parcel number of the |
| 77 | rehabilitated real property in an enterprise zone for which a |
| 78 | refund of previously paid taxes is being sought. |
| 79 | c. A description of the improvements made to accomplish |
| 80 | the rehabilitation of the real property. |
| 81 | d. A copy of the building permit issued for the |
| 82 | rehabilitation of the real property. |
| 83 | e. A sworn statement, under the penalty of perjury, from |
| 84 | the general contractor licensed in this state with whom the |
| 85 | applicant contracted to make the improvements necessary to |
| 86 | accomplish the rehabilitation of the real property, which |
| 87 | statement lists the building materials used in the |
| 88 | rehabilitation of the real property, the actual cost of the |
| 89 | building materials, and the amount of sales tax paid in this |
| 90 | state on the building materials. In the event that a general |
| 91 | contractor has not been used, the applicant shall provide this |
| 92 | information in a sworn statement, under the penalty of perjury. |
| 93 | Copies of the invoices which evidence the purchase of the |
| 94 | building materials used in such rehabilitation and the payment |
| 95 | of sales tax on the building materials shall be attached to the |
| 96 | sworn statement provided by the general contractor or by the |
| 97 | applicant. Unless the actual cost of building materials used in |
| 98 | the rehabilitation of real property and the payment of sales |
| 99 | taxes due thereon is documented by a general contractor or by |
| 100 | the applicant in this manner, the cost of such building |
| 101 | materials shall be an amount equal to 40 percent of the increase |
| 102 | in assessed value for ad valorem tax purposes. |
| 103 | f. The identifying number assigned pursuant to s. 290.0065 |
| 104 | to the enterprise zone in which the rehabilitated real property |
| 105 | is located. |
| 106 | g. A certification by the local building code inspector |
| 107 | that the improvements necessary to accomplish the rehabilitation |
| 108 | of the real property are substantially completed. |
| 109 | h. Whether the business is a small business as defined by |
| 110 | s. 288.703(1). |
| 111 | i. If applicable, the name and address of each permanent |
| 112 | employee of the business, including, for each employee who is a |
| 113 | resident of an enterprise zone, the identifying number assigned |
| 114 | pursuant to s. 290.0065 to the enterprise zone in which the |
| 115 | employee resides. |
| 116 | 2. This exemption inures to a city, county, other |
| 117 | governmental agency, or nonprofit community-based organization |
| 118 | through a refund of previously paid taxes if the building |
| 119 | materials used in the rehabilitation of real property located in |
| 120 | an enterprise zone are paid for from the funds of a community |
| 121 | development block grant, State Housing Initiatives Partnership |
| 122 | Program, or similar grant or loan program. To receive a refund |
| 123 | pursuant to this paragraph, a city, county, other governmental |
| 124 | agency, or nonprofit community-based organization must file an |
| 125 | application which includes the same information required to be |
| 126 | provided in subparagraph 1. by an owner, lessee, or lessor of |
| 127 | rehabilitated real property. In addition, the application must |
| 128 | include a sworn statement signed by the chief executive officer |
| 129 | of the city, county, other governmental agency, or nonprofit |
| 130 | community-based organization seeking a refund which states that |
| 131 | the building materials for which a refund is sought were paid |
| 132 | for from the funds of a community development block grant, State |
| 133 | Housing Initiatives Partnership Program, or similar grant or |
| 134 | loan program. |
| 135 | 3. Within 10 working days after receipt of an application, |
| 136 | the governing body or enterprise zone development agency shall |
| 137 | review the application to determine if it contains all the |
| 138 | information required pursuant to subparagraph 1. or subparagraph |
| 139 | 2. and meets the criteria set out in this paragraph. The |
| 140 | governing body or agency shall certify all applications that |
| 141 | contain the information required pursuant to subparagraph 1. or |
| 142 | subparagraph 2. and meet the criteria set out in this paragraph |
| 143 | as eligible to receive a refund. If applicable, the governing |
| 144 | body or agency shall also certify if 20 percent of the employees |
| 145 | of the business are residents of an enterprise zone, excluding |
| 146 | temporary and part-time employees. The certification shall be in |
| 147 | writing, and a copy of the certification shall be transmitted to |
| 148 | the executive director of the Department of Revenue. The |
| 149 | applicant shall be responsible for forwarding a certified |
| 150 | application to the department within the time specified in |
| 151 | subparagraph 4. |
| 152 | 4. An application for a refund pursuant to this paragraph |
| 153 | must be submitted to the department within 6 months after the |
| 154 | rehabilitation of the property is deemed to be substantially |
| 155 | completed by the local building code inspector or by September 1 |
| 156 | after the rehabilitated property is first subject to assessment. |
| 157 | 5. The provisions of s. 212.095 do not apply to any refund |
| 158 | application made pursuant to this paragraph. Not more than one |
| 159 | exemption through a refund of previously paid taxes for the |
| 160 | rehabilitation of real property shall be permitted for any |
| 161 | single parcel of property unless there is a change in ownership, |
| 162 | a new lessor, or a new lessee of the real property. No refund |
| 163 | shall be granted pursuant to this paragraph unless the amount to |
| 164 | be refunded exceeds $500. No refund granted pursuant to this |
| 165 | paragraph shall exceed the lesser of 97 percent of the Florida |
| 166 | sales or use tax paid on the cost of the building materials used |
| 167 | in the rehabilitation of the real property as determined |
| 168 | pursuant to sub-subparagraph 1.e. or $5,000, or, if no less than |
| 169 | 20 percent of the employees of the business are residents of an |
| 170 | enterprise zone, excluding temporary and part-time employees, |
| 171 | the amount of refund granted pursuant to this paragraph shall |
| 172 | not exceed the lesser of 97 percent of the sales tax paid on the |
| 173 | cost of such building materials or $10,000. A refund approved |
| 174 | pursuant to this paragraph shall be made within 30 days of |
| 175 | formal approval by the department of the application for the |
| 176 | refund. This subparagraph shall apply retroactively to July 1, |
| 177 | 2005. |
| 178 | 6. The department shall adopt rules governing the manner |
| 179 | and form of refund applications and may establish guidelines as |
| 180 | to the requisites for an affirmative showing of qualification |
| 181 | for exemption under this paragraph. |
| 182 | 7. The department shall deduct an amount equal to 10 |
| 183 | percent of each refund granted under the provisions of this |
| 184 | paragraph from the amount transferred into the Local Government |
| 185 | Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20 |
| 186 | for the county area in which the rehabilitated real property is |
| 187 | located and shall transfer that amount to the General Revenue |
| 188 | Fund. |
| 189 | 8. For the purposes of the exemption provided in this |
| 190 | paragraph: |
| 191 | a. "Building materials" means tangible personal property |
| 192 | which becomes a component part of improvements to real property. |
| 193 | b. "Real property" has the same meaning as provided in s. |
| 194 | 192.001(12). |
| 195 | c. "Rehabilitation of real property" means the |
| 196 | reconstruction, renovation, restoration, rehabilitation, |
| 197 | construction, or expansion of improvements to real property. |
| 198 | d. "Substantially completed" has the same meaning as |
| 199 | provided in s. 192.042(1). |
| 200 | 9. This paragraph expires on the date specified in s. |
| 201 | 290.016 for the expiration of the Florida Enterprise Zone Act. |
| 202 | Section 4. Paragraph (e) of subsection (1) and paragraph |
| 203 | (e) of subsection (3) of section 212.096, Florida Statutes, are |
| 204 | amended to read: |
| 205 | 212.096 Sales, rental, storage, use tax; enterprise zone |
| 206 | jobs credit against sales tax.-- |
| 207 | (1) For the purposes of the credit provided in this |
| 208 | section: |
| 209 | (e) "New job has been created" means that, on the date of |
| 210 | application, the total number of full-time jobs is greater than |
| 211 | the total was has increased in an enterprise zone from the |
| 212 | average of the previous 12 months prior to that date, as |
| 213 | demonstrated to the department by a business located in the |
| 214 | enterprise zone. |
| 215 |
|
| 216 | A person shall be deemed to be employed if the person performs |
| 217 | duties in connection with the operations of the business on a |
| 218 | regular, full-time basis, provided the person is performing such |
| 219 | duties for an average of at least 36 hours per week each month. |
| 220 | The person must be performing such duties at a business site |
| 221 | located in the enterprise zone. |
| 222 | (3) In order to claim this credit, an eligible business |
| 223 | must file under oath with the governing body or enterprise zone |
| 224 | development agency having jurisdiction over the enterprise zone |
| 225 | where the business is located, as applicable, a statement which |
| 226 | includes: |
| 227 | (e) Demonstration to the department that, on the date of |
| 228 | application, the total number of full-time jobs defined under |
| 229 | paragraph (1)(d) is greater than the total was has increased in |
| 230 | an enterprise zone from the average of the previous 12 months |
| 231 | prior to that date. |
| 232 | Section 5. Paragraph (a) of subsection (1) of section |
| 233 | 220.13, Florida Statutes, is reenacted and amended to read: |
| 234 | 220.13 "Adjusted federal income" defined.-- |
| 235 | (1) The term "adjusted federal income" means an amount |
| 236 | equal to the taxpayer's taxable income as defined in subsection |
| 237 | (2), or such taxable income of more than one taxpayer as |
| 238 | provided in s. 220.131, for the taxable year, adjusted as |
| 239 | follows: |
| 240 | (a) Additions.--There shall be added to such taxable |
| 241 | income: |
| 242 | 1. The amount of any tax upon or measured by income, |
| 243 | excluding taxes based on gross receipts or revenues, paid or |
| 244 | accrued as a liability to the District of Columbia or any state |
| 245 | of the United States which is deductible from gross income in |
| 246 | the computation of taxable income for the taxable year. |
| 247 | 2. The amount of interest which is excluded from taxable |
| 248 | income under s. 103(a) of the Internal Revenue Code or any other |
| 249 | federal law, less the associated expenses disallowed in the |
| 250 | computation of taxable income under s. 265 of the Internal |
| 251 | Revenue Code or any other law, excluding 60 percent of any |
| 252 | amounts included in alternative minimum taxable income, as |
| 253 | defined in s. 55(b)(2) of the Internal Revenue Code, if the |
| 254 | taxpayer pays tax under s. 220.11(3). |
| 255 | 3. In the case of a regulated investment company or real |
| 256 | estate investment trust, an amount equal to the excess of the |
| 257 | net long-term capital gain for the taxable year over the amount |
| 258 | of the capital gain dividends attributable to the taxable year. |
| 259 | 4. That portion of the wages or salaries paid or incurred |
| 260 | for the taxable year which is equal to the amount of the credit |
| 261 | allowable for the taxable year under s. 220.181. The provisions |
| 262 | of This subparagraph shall expire and be void on the date |
| 263 | specified in s. 290.016 for the expiration of the Florida |
| 264 | Enterprise Zone Act June 30, 2005. |
| 265 | 5. That portion of the ad valorem school taxes paid or |
| 266 | incurred for the taxable year which is equal to the amount of |
| 267 | the credit allowable for the taxable year under s. 220.182. The |
| 268 | provisions of This subparagraph shall expire and be void on the |
| 269 | date specified in s. 290.016 for the expiration of the Florida |
| 270 | Enterprise Zone Act June 30, 2005. |
| 271 | 6. The amount of emergency excise tax paid or accrued as a |
| 272 | liability to this state under chapter 221 which tax is |
| 273 | deductible from gross income in the computation of taxable |
| 274 | income for the taxable year. |
| 275 | 7. That portion of assessments to fund a guaranty |
| 276 | association incurred for the taxable year which is equal to the |
| 277 | amount of the credit allowable for the taxable year. |
| 278 | 8. In the case of a nonprofit corporation which holds a |
| 279 | pari-mutuel permit and which is exempt from federal income tax |
| 280 | as a farmers' cooperative, an amount equal to the excess of the |
| 281 | gross income attributable to the pari-mutuel operations over the |
| 282 | attributable expenses for the taxable year. |
| 283 | 9. The amount taken as a credit for the taxable year under |
| 284 | s. 220.1895. |
| 285 | 10. Up to nine percent of the eligible basis of any |
| 286 | designated project which is equal to the credit allowable for |
| 287 | the taxable year under s. 220.185. |
| 288 | 11. The amount taken as a credit for the taxable year |
| 289 | under s. 220.187. |
| 290 | Section 6. Paragraph (a) of subsection (1) and paragraph |
| 291 | (f) of subsection (2) of section 220.181, Florida Statutes, are |
| 292 | amended to read: |
| 293 | 220.181 Enterprise zone jobs credit.-- |
| 294 | (1)(a) There shall be allowed a credit against the tax |
| 295 | imposed by this chapter to any business located in an enterprise |
| 296 | zone which demonstrates to the department that, on the date of |
| 297 | application, the total number of full-time jobs is greater than |
| 298 | the total was has increased from the average of the previous 12 |
| 299 | months prior to that date. The credit shall be computed as 20 |
| 300 | percent of the actual monthly wages paid in this state to each |
| 301 | new employee hired when a new job has been created, as defined |
| 302 | under s. 220.03(1)(ff), unless the business is located in a |
| 303 | rural enterprise zone, pursuant to s. 290.004(6), in which case |
| 304 | the credit shall be 30 percent of the actual monthly wages paid. |
| 305 | If no less than 20 percent of the employees of the business are |
| 306 | residents of an enterprise zone, excluding temporary and part- |
| 307 | time employees, the credit shall be computed as 30 percent of |
| 308 | the actual monthly wages paid in this state to each new employee |
| 309 | hired when a new job has been created, unless the business is |
| 310 | located in a rural enterprise zone, in which case the credit |
| 311 | shall be 45 percent of the actual monthly wages paid, for a |
| 312 | period of up to 24 consecutive months. If the new employee hired |
| 313 | when a new job is created is a participant in the welfare |
| 314 | transition program, the following credit shall be a percent of |
| 315 | the actual monthly wages paid: 40 percent for $4 above the |
| 316 | hourly federal minimum wage rate; 41 percent for $5 above the |
| 317 | hourly federal minimum wage rate; 42 percent for $6 above the |
| 318 | hourly federal minimum wage rate; 43 percent for $7 above the |
| 319 | hourly federal minimum wage rate; and 44 percent for $8 above |
| 320 | the hourly federal minimum wage rate. |
| 321 | (2) When filing for an enterprise zone jobs credit, a |
| 322 | business must file under oath with the governing body or |
| 323 | enterprise zone development agency having jurisdiction over the |
| 324 | enterprise zone where the business is located, as applicable, a |
| 325 | statement which includes: |
| 326 | (f) Demonstration to the department that, on the date of |
| 327 | application, the total number of full-time jobs is greater than |
| 328 | the total was has increased from the average of the previous 12 |
| 329 | months prior to that date. |
| 330 | Section 7. Paragraph (c) is added to subsection (6) of |
| 331 | section 290.0055, Florida Statutes, to read: |
| 332 | 290.0055 Local nominating procedure.-- |
| 333 | (6) |
| 334 | (c) At least 90 days before adopting a resolution seeking |
| 335 | a change in the boundary of an enterprise zone, the governing |
| 336 | body shall notify in writing all property owners and businesses |
| 337 | that may be excluded from the enterprise zone by virtue of the |
| 338 | proposed boundary change. |
| 339 | Section 8. (1) Notwithstanding the provisions of s. |
| 340 | 212.08(5)(g), Florida Statutes, as amended by this act, a |
| 341 | business developing a project involving the rehabilitation of |
| 342 | real property that has been excluded from an enterprise zone |
| 343 | because of the redesignation requirements of s. 290.012 or s. |
| 344 | 290.0065, Florida Statutes, shall remain eligible to apply for |
| 345 | the building materials tax exemption under s. 212.08(5)(g), |
| 346 | Florida Statutes, for that project through December 31, 2007, if |
| 347 | the following requirements are met: |
| 348 | (a) The project must have been located in an enterprise |
| 349 | zone on or before December 31, 2005. |
| 350 | (b) The project must have a duration extending beyond |
| 351 | December 31, 2005. |
| 352 | (c) The project must have been excluded from the |
| 353 | enterprise zone due to the portion of the enterprise zone in |
| 354 | which the project is located not meeting the pervasive poverty |
| 355 | rate requirements of s. 290.0058(2)(a) or (b), Florida Statutes. |
| 356 | (d) The difference between the pervasive poverty rate |
| 357 | requirements of s. 290.0058(2)(a), Florida Statutes, and the |
| 358 | actual poverty rate in the area in which the project is located |
| 359 | must be 5 percentage points or less. |
| 360 | (e) The business must apply for a certificate of |
| 361 | eligibility for the project with the enterprise zone development |
| 362 | agency by November 1, 2006, and demonstrate that the project |
| 363 | meets the requirements of this section. |
| 364 | (f) The enterprise zone development agency must provide a |
| 365 | copy of the certificate of eligibility to the Department of |
| 366 | Revenue. |
| 367 | (2) The provisions of this section are remedial in nature |
| 368 | and shall apply retroactively to December 31, 2005. This section |
| 369 | is repealed December 31, 2007. |
| 370 | Section 9. This act shall take effect upon becoming a law. |