Senate Bill sb2682
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    Florida Senate - 2007                                  SB 2682
    By Senator Constantine
    22-801-07
  1                      A bill to be entitled
  2         An act relating to the redevelopment of
  3         brownfields; amending s. 376.30781, F.S.;
  4         conforming a reference to annual maximum total
  5         tax credits for brownfields redevelopment;
  6         providing an effective date.
  7  
  8  Be It Enacted by the Legislature of the State of Florida:
  9  
10         Section 1.  Section 376.30781, Florida Statutes, is
11  amended to read:
12         376.30781  Partial tax credits for rehabilitation of
13  drycleaning-solvent-contaminated sites and brownfield sites in
14  designated brownfield areas; application process; rulemaking
15  authority; revocation authority.--
16         (1)  The Legislature finds that:
17         (a)  To facilitate property transactions and economic
18  growth and development, it is in the interest of the state to
19  encourage the cleanup, at the earliest possible time, of
20  drycleaning-solvent-contaminated sites and brownfield sites in
21  designated brownfield areas.
22         (b)  It is the intent of the Legislature to encourage
23  the voluntary cleanup of drycleaning-solvent-contaminated
24  sites and brownfield sites in designated brownfield areas by
25  providing a partial tax credit for the restoration of such
26  property in specified circumstances.
27         (2)  Notwithstanding the requirements of paragraph
28  (5)(a), tax credits allowed pursuant to ss. 199.1055 and
29  220.1845 are available for any site rehabilitation conducted
30  during the calendar year in which the applicable voluntary
31  cleanup agreement or brownfield site rehabilitation agreement
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    Florida Senate - 2007                                  SB 2682
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 1  is executed, even if the site rehabilitation is conducted
 2  prior to the execution of that agreement or the designation of
 3  the brownfield area.
 4         (3)(a)  A credit in the amount of 50 percent of the
 5  costs of voluntary cleanup activity that is integral to site
 6  rehabilitation at the following sites is allowed pursuant to
 7  s. 220.1845:
 8         1.  A drycleaning-solvent-contaminated site eligible
 9  for state-funded site rehabilitation under s. 376.3078(3);
10         2.  A drycleaning-solvent-contaminated site at which
11  cleanup is undertaken by the real property owner pursuant to
12  s. 376.3078(11), if the real property owner is not also, and
13  has never been, the owner or operator of the drycleaning
14  facility where the contamination exists; or
15         3.  A brownfield site in a designated brownfield area
16  under s. 376.80.
17         (b)  A tax credit applicant, or multiple tax credit
18  applicants working jointly to clean up a single site, may not
19  be granted more than $500,000 per year in tax credits for each
20  site voluntarily rehabilitated. Multiple tax credit applicants
21  shall be granted tax credits in the same proportion as their
22  contribution to payment of cleanup costs. Tax credits are
23  available only for site rehabilitation conducted during the
24  calendar year for which the tax credit application is
25  submitted.
26         (c)  In order to encourage completion of site
27  rehabilitation at contaminated sites that are being
28  voluntarily cleaned up and that are eligible for a tax credit
29  under this section, the tax credit applicant may claim an
30  additional 25 percent of the total cleanup costs, not to
31  exceed $500,000, in the final year of cleanup as evidenced by
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    Florida Senate - 2007                                  SB 2682
    22-801-07
 1  the Department of Environmental Protection issuing a "No
 2  Further Action" order for that site.
 3         (d)  In order to encourage the construction of housing
 4  that meets the definition of affordable provided in s.
 5  420.0004(3), an applicant for the tax credit may claim an
 6  additional 25 percent of the total site rehabilitation costs
 7  that are eligible for tax credits under this section, not to
 8  exceed $500,000. In order to receive this additional tax
 9  credit, the applicant must provide a certification letter from
10  the Florida Housing Finance Corporation, the local housing
11  authority, or other governmental agency that is a party to the
12  use agreement, indicating that the construction on the
13  brownfield site is complete, the brownfield site has received
14  a certificate of occupancy, and the brownfield site has a
15  properly recorded instrument that limits the use of the
16  property to housing that meets the definition of affordable
17  provided in s. 420.0004(3). Notwithstanding the limitation
18  that only one application shall be submitted each year for
19  each site, an application for the additional credit provided
20  for in this paragraph shall be submitted as soon as all
21  requirements to obtain this additional tax credit have been
22  met.
23         (e)  Notwithstanding the restrictions in this section
24  that limit tax credit eligibility to costs that are integral
25  to site rehabilitation, to encourage the redevelopment of
26  properties in designated brownfield areas that are hindered by
27  the presence of solid waste, as defined in s. 403.703, a tax
28  credit applicant may also claim costs to address the solid
29  waste, but only those costs to remove, transport, and dispose
30  of solid waste in accordance with department rules. These
31  costs are eligible for a tax credit provided the applicant
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 1  submits an affidavit stating that, after consultation with
 2  appropriate local government officials and the department, to
 3  the best of the applicant's knowledge, the site was never
 4  operated as a landfill or dump site for monetary compensation,
 5  and submits all other documentation and certifications
 6  required by this section. In this section, where reference is
 7  made to "site rehabilitation," the department shall instead
 8  consider whether the costs claimed are for removal,
 9  transportation, and disposal of solid waste. Tax credit
10  applications claiming costs pursuant to this paragraph shall
11  not be subject to the calendar-year limitation and January 15
12  annual application deadline, and the department shall accept a
13  one-time application filed subsequent to the completion by the
14  tax credit applicant of the applicable requirements listed in
15  this paragraph.
16         (4)  The Department of Environmental Protection shall
17  be responsible for allocating the tax credits provided for in
18  s. 220.1845, not to exceed a total of $2 $5 million in tax
19  credits annually.
20         (5)  To claim the credit for site rehabilitation
21  conducted during the current calendar year, each tax credit
22  applicant must apply to the Department of Environmental
23  Protection for an allocation of the $2 million annual credit
24  by January 15 of the following year on a form developed by the
25  Department of Environmental Protection in cooperation with the
26  Department of Revenue. The form shall include an affidavit
27  from each tax credit applicant certifying that all information
28  contained in the application, including all records of costs
29  incurred and claimed in the tax credit application, are true
30  and correct. If the application is submitted pursuant to
31  subparagraph (3)(a)2., the form must include an affidavit
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 1  signed by the real property owner stating that it is not, and
 2  has never been, the owner or operator of the drycleaning
 3  facility where the contamination exists. Approval of partial
 4  tax credits must be accomplished on a first-come, first-served
 5  basis based upon the date complete applications are received
 6  by the Division of Waste Management. A tax credit applicant
 7  shall submit only one complete application per site for each
 8  calendar year's site rehabilitation costs. Incomplete
 9  placeholder applications shall not be accepted and will not
10  secure a place in the first-come, first-served application
11  line. To be eligible for a tax credit, the tax credit
12  applicant must:
13         (a)  Have entered into a voluntary cleanup agreement
14  with the Department of Environmental Protection for a
15  drycleaning-solvent-contaminated site or a Brownfield Site
16  Rehabilitation Agreement, as applicable; and
17         (b)  Have paid all deductibles pursuant to s.
18  376.3078(3)(e) for eligible drycleaning-solvent-cleanup
19  program sites.
20         (6)  To obtain the tax credit certificate, a tax credit
21  applicant must annually file an application for certification,
22  which must be received by the Division of Waste Management of
23  the Department of Environmental Protection by January 15 of
24  the year following the calendar year for which site
25  rehabilitation costs are being claimed in a tax credit
26  application. The tax credit applicant must provide all
27  pertinent information requested on the tax credit application
28  form, including, at a minimum, the name and address of the tax
29  credit applicant and the address and tracking identification
30  number of the eligible site. Along with the tax credit
31  
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 1  application form, the tax credit applicant must submit the
 2  following:
 3         (a)  A nonrefundable review fee of $250 made payable to
 4  the Water Quality Assurance Trust Fund to cover the
 5  administrative costs associated with the department's review
 6  of the tax credit application;
 7         (b)  Copies of contracts and documentation of contract
 8  negotiations, accounts, invoices, sales tickets, or other
 9  payment records from purchases, sales, leases, or other
10  transactions involving actual costs incurred for that tax year
11  related to site rehabilitation, as that term is defined in ss.
12  376.301 and 376.79;
13         (c)  Proof that the documentation submitted pursuant to
14  paragraph (b) has been reviewed and verified by an independent
15  certified public accountant in accordance with standards
16  established by the American Institute of Certified Public
17  Accountants. Specifically, the certified public accountant
18  must attest to the accuracy and validity of the costs incurred
19  and paid by conducting an independent review of the data
20  presented by the tax credit applicant. Accuracy and validity
21  of costs incurred and paid would be determined once the level
22  of effort was certified by an appropriate professional
23  registered in this state in each contributing technical
24  discipline. The certified public accountant's report would
25  also attest that the costs included in the application form
26  are not duplicated within the application. A copy of the
27  accountant's report shall be submitted to the Department of
28  Environmental Protection with the tax credit application; and
29         (d)  A certification form stating that site
30  rehabilitation activities associated with the documentation
31  submitted pursuant to paragraph (b) have been conducted under
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 1  the observation of, and related technical documents have been
 2  signed and sealed by, an appropriate professional registered
 3  in this state in each contributing technical discipline. The
 4  certification form shall be signed and sealed by the
 5  appropriate registered professionals stating that the costs
 6  incurred were integral, necessary, and required for site
 7  rehabilitation, as that term is defined in ss. 376.301 and
 8  376.79.
 9         (7)  The certified public accountant and appropriate
10  registered professionals submitting forms as part of a tax
11  credit application must verify such forms. Verification must
12  be accomplished as provided in s. 92.525(1)(b) and subject to
13  the provisions of s. 92.525(3).
14         (8)  The Department of Environmental Protection shall
15  review the tax credit application and any supplemental
16  documentation that the tax credit applicant may submit prior
17  to the annual application deadline in order to have the
18  application considered complete, for the purpose of verifying
19  that the tax credit applicant has met the qualifying criteria
20  in subsections (3) and (5) and has submitted all required
21  documentation listed in subsection (6). Upon verification that
22  the tax credit applicant has met these requirements, the
23  department shall issue a written decision granting eligibility
24  for partial tax credits (a tax credit certificate) in the
25  amount of 50 percent of the total costs claimed, subject to
26  the $500,000 limitation, for the calendar year for which the
27  tax credit application is submitted based on the report of the
28  certified public accountant and the certifications from the
29  appropriate registered technical professionals.
30         (9)  On or before March 31, the Department of
31  Environmental Protection shall inform each eligible tax credit
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 1  applicant of the amount of its partial tax credit and provide
 2  each eligible tax credit applicant with a tax credit
 3  certificate that must be submitted with its tax return to the
 4  Department of Revenue to claim the tax credit or be
 5  transferred pursuant to s. 220.1845(1)(h). Credits will not
 6  result in the payment of refunds if total credits exceed the
 7  amount of tax owed.
 8         (10)  If a tax credit applicant does not receive a tax
 9  credit allocation due to an exhaustion of the $2 million
10  annual tax credit authorization, such application will then be
11  included in the same first-come, first-served order in the
12  next year's annual tax credit allocation, if any, based on the
13  prior year application.
14         (11)  The Department of Environmental Protection may
15  adopt rules to prescribe the necessary forms required to claim
16  tax credits under this section and to provide the
17  administrative guidelines and procedures required to
18  administer this section.
19         (12)  The Department of Environmental Protection may
20  revoke or modify any written decision granting eligibility for
21  partial tax credits under this section if it is discovered
22  that the tax credit applicant submitted any false statement,
23  representation, or certification in any application, record,
24  report, plan, or other document filed in an attempt to receive
25  partial tax credits under this section. The Department of
26  Environmental Protection shall immediately notify the
27  Department of Revenue of any revoked or modified orders
28  affecting previously granted partial tax credits.
29  Additionally, the tax credit applicant must notify the
30  Department of Revenue of any change in its tax credit claimed.
31  
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    Florida Senate - 2007                                  SB 2682
    22-801-07
 1         (13)  A tax credit applicant who receives state-funded
 2  site rehabilitation under s. 376.3078(3) for rehabilitation of
 3  a drycleaning-solvent-contaminated site is ineligible to
 4  receive a tax credit under s. 220.1845 for costs incurred by
 5  the tax credit applicant in conjunction with the
 6  rehabilitation of that site during the same time period that
 7  state-administered site rehabilitation was underway.
 8         Section 2.  This act shall take effect upon becoming a
 9  law.
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12                          SENATE SUMMARY
13    Conforms a reference to annual maximum total tax credits
      for brownfields redevelopment.
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