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 |
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24 | Be It Enacted by the Legislature of the State of Florida: |
25 |
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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 |
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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. |