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
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 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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    Florida Senate - 2007                                  SB 2682
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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
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 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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