Senate Bill sb2524

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    Florida Senate - 2007                                  SB 2524

    By Senator Justice





    16-1095-07                                              See HB

  1                      A bill to be entitled

  2         An act relating to enterprise zone business

  3         property use tax exemption; amending s. 212.08,

  4         F.S.; revising refund requirements for the

  5         exemption for certain business property used in

  6         an enterprise zone; revising the definition of

  7         "business property"; providing an effective

  8         date.

  9  

10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Paragraph (h) of subsection (5) of section

13  212.08, Florida Statutes, is amended to read:

14         212.08  Sales, rental, use, consumption, distribution,

15  and storage tax; specified exemptions.--The sale at retail,

16  the rental, the use, the consumption, the distribution, and

17  the storage to be used or consumed in this state of the

18  following are hereby specifically exempt from the tax imposed

19  by this chapter.

20         (5)  EXEMPTIONS; ACCOUNT OF USE.--

21         (h)  Business property used in an enterprise zone.--

22         1.  Business property purchased for use by businesses

23  located in an enterprise zone which is subsequently used in an

24  enterprise zone shall be exempt from the tax imposed by this

25  chapter. This exemption inures to the business only through a

26  refund of previously paid taxes. A refund shall be authorized

27  upon an affirmative showing by the taxpayer to the

28  satisfaction of the department that the requirements of this

29  paragraph have been met.

30         2.  To receive a refund, the business must file under

31  oath with the governing body or enterprise zone development

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    Florida Senate - 2007                                  SB 2524
    16-1095-07                                              See HB




 1  agency having jurisdiction over the enterprise zone where the

 2  business is located, as applicable, an application which

 3  includes:

 4         a.  The name and address of the business claiming the

 5  refund.

 6         b.  The identifying number assigned pursuant to s.

 7  290.0065 to the enterprise zone in which the business is

 8  located.

 9         c.  A specific description of the property for which a

10  refund is sought, including its serial number or other

11  permanent identification number.

12         d.  The location of the property.

13         e.  The sales invoice or other proof of purchase of the

14  property, showing the amount of sales tax paid, the date of

15  purchase, and the name and address of the sales tax dealer

16  from whom the property was purchased.

17         f.  Whether the business is a small business as defined

18  by s. 288.703(1).

19         g.  If applicable, the name and address of each

20  permanent employee of the business, including, for each

21  employee who is a resident of an enterprise zone, the

22  identifying number assigned pursuant to s. 290.0065 to the

23  enterprise zone in which the employee resides.

24         3.  Within 10 working days after receipt of an

25  application, the governing body or enterprise zone development

26  agency shall review the application to determine if it

27  contains all the information required pursuant to subparagraph

28  2. and meets the criteria set out in this paragraph. The

29  governing body or agency shall certify all applications that

30  contain the information required pursuant to subparagraph 2.

31  and meet the criteria set out in this paragraph as eligible to

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    Florida Senate - 2007                                  SB 2524
    16-1095-07                                              See HB




 1  receive a refund. If applicable, the governing body or agency

 2  shall also certify if 20 percent of the employees of the

 3  business are residents of an enterprise zone, excluding

 4  temporary and part-time employees. The certification shall be

 5  in writing, and a copy of the certification shall be

 6  transmitted to the executive director of the Department of

 7  Revenue. The business shall be responsible for forwarding a

 8  certified application to the department within the time

 9  specified in subparagraph 4.

10         4.  An application for a refund pursuant to this

11  paragraph must be submitted to the department within 6 months

12  after the tax is due on the business property that is

13  purchased.

14         5.  The provisions of s. 212.095 do not apply to any

15  refund application made pursuant to this paragraph. The amount

16  refunded on purchases of business property under this

17  paragraph shall be the lesser of 97 percent of the sales tax

18  paid on such business property or $5,000, or, if no less than

19  20 percent of the employees of the business are residents of

20  an enterprise zone, excluding temporary and part-time

21  employees, the amount refunded on purchases of business

22  property under this paragraph shall be the lesser of 97

23  percent of the sales tax paid on such business property or

24  $10,000. A refund approved pursuant to this paragraph shall be

25  made within 30 days of formal approval by the department of

26  the application for the refund. No refund shall be granted

27  under this paragraph unless the amount to be refunded exceeds

28  $300 $100 in sales tax paid on combined purchases made within

29  a 90-day 60-day time period.

30         6.  The department shall adopt rules governing the

31  manner and form of refund applications and may establish

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    Florida Senate - 2007                                  SB 2524
    16-1095-07                                              See HB




 1  guidelines as to the requisites for an affirmative showing of

 2  qualification for exemption under this paragraph.

 3         7.  If the department determines that the business

 4  property is used outside an enterprise zone within 3 years

 5  from the date of purchase, the amount of taxes refunded to the

 6  business purchasing such business property shall immediately

 7  be due and payable to the department by the business, together

 8  with the appropriate interest and penalty, computed from the

 9  date of purchase, in the manner provided by this chapter.

10  Notwithstanding this subparagraph, business property used

11  exclusively in:

12         a.  Licensed commercial fishing vessels,

13         b.  Fishing guide boats, or

14         c.  Ecotourism guide boats

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16  that leave and return to a fixed location within an area

17  designated under s. 370.28 are eligible for the exemption

18  provided under this paragraph if all requirements of this

19  paragraph are met. Such vessels and boats must be owned by a

20  business that is eligible to receive the exemption provided

21  under this paragraph. This exemption does not apply to the

22  purchase of a vessel or boat.

23         8.  The department shall deduct an amount equal to 10

24  percent of each refund granted under the provisions of this

25  paragraph from the amount transferred into the Local

26  Government Half-cent Sales Tax Clearing Trust Fund pursuant to

27  s. 212.20 for the county area in which the business property

28  is located and shall transfer that amount to the General

29  Revenue Fund.

30         9.  For the purposes of this exemption, "business

31  property" means new or used property defined as "recovery

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    Florida Senate - 2007                                  SB 2524
    16-1095-07                                              See HB




 1  property" in s. 168(c) of the Internal Revenue Code of 1954,

 2  as amended, except:

 3         a.  Property classified as 3-year property under s.

 4  168(c)(2)(A) of the Internal Revenue Code of 1954, as

 5  amended.;

 6         b.  Industrial machinery and equipment as defined in

 7  sub-subparagraph (b)6.a. and eligible for exemption under

 8  paragraph (b).;

 9         c.  Building materials as defined in sub-subparagraph

10  (g)8.a.; and

11         d.  Business property having a sales price of under

12  $5,000 per unit.

13         10.  This paragraph expires on the date specified in s.

14  290.016 for the expiration of the Florida Enterprise Zone Act.

15         Section 2.  This act shall take effect July 1, 2007.

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