HB 873

1
A bill to be entitled
2An act relating to enterprise zone business property use
3tax exemption; amending s. 212.08, F.S.; revising refund
4requirements for the exemption for certain business
5property used in an enterprise zone; revising the
6definition of "business property"; providing an effective
7date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Paragraph (h) of subsection (5) of section
12212.08, Florida Statutes, is amended to read:
13     212.08  Sales, rental, use, consumption, distribution, and
14storage tax; specified exemptions.--The sale at retail, the
15rental, the use, the consumption, the distribution, and the
16storage to be used or consumed in this state of the following
17are hereby specifically exempt from the tax imposed by this
18chapter.
19     (5)  EXEMPTIONS; ACCOUNT OF USE.--
20     (h)  Business property used in an enterprise zone.--
21     1.  Business property purchased for use by businesses
22located in an enterprise zone which is subsequently used in an
23enterprise zone shall be exempt from the tax imposed by this
24chapter. This exemption inures to the business only through a
25refund of previously paid taxes. A refund shall be authorized
26upon an affirmative showing by the taxpayer to the satisfaction
27of the department that the requirements of this paragraph have
28been met.
29     2.  To receive a refund, the business must file under oath
30with the governing body or enterprise zone development agency
31having jurisdiction over the enterprise zone where the business
32is located, as applicable, an application which includes:
33     a.  The name and address of the business claiming the
34refund.
35     b.  The identifying number assigned pursuant to s. 290.0065
36to the enterprise zone in which the business is located.
37     c.  A specific description of the property for which a
38refund is sought, including its serial number or other permanent
39identification number.
40     d.  The location of the property.
41     e.  The sales invoice or other proof of purchase of the
42property, showing the amount of sales tax paid, the date of
43purchase, and the name and address of the sales tax dealer from
44whom the property was purchased.
45     f.  Whether the business is a small business as defined by
46s. 288.703(1).
47     g.  If applicable, the name and address of each permanent
48employee of the business, including, for each employee who is a
49resident of an enterprise zone, the identifying number assigned
50pursuant to s. 290.0065 to the enterprise zone in which the
51employee resides.
52     3.  Within 10 working days after receipt of an application,
53the governing body or enterprise zone development agency shall
54review the application to determine if it contains all the
55information required pursuant to subparagraph 2. and meets the
56criteria set out in this paragraph. The governing body or agency
57shall certify all applications that contain the information
58required pursuant to subparagraph 2. and meet the criteria set
59out in this paragraph as eligible to receive a refund. If
60applicable, the governing body or agency shall also certify if
6120 percent of the employees of the business are residents of an
62enterprise zone, excluding temporary and part-time employees.
63The certification shall be in writing, and a copy of the
64certification shall be transmitted to the executive director of
65the Department of Revenue. The business shall be responsible for
66forwarding a certified application to the department within the
67time specified in subparagraph 4.
68     4.  An application for a refund pursuant to this paragraph
69must be submitted to the department within 6 months after the
70tax is due on the business property that is purchased.
71     5.  The provisions of s. 212.095 do not apply to any refund
72application made pursuant to this paragraph. The amount refunded
73on purchases of business property under this paragraph shall be
74the lesser of 97 percent of the sales tax paid on such business
75property or $5,000, or, if no less than 20 percent of the
76employees of the business are residents of an enterprise zone,
77excluding temporary and part-time employees, the amount refunded
78on purchases of business property under this paragraph shall be
79the lesser of 97 percent of the sales tax paid on such business
80property or $10,000. A refund approved pursuant to this
81paragraph shall be made within 30 days of formal approval by the
82department of the application for the refund. No refund shall be
83granted under this paragraph unless the amount to be refunded
84exceeds $300 $100 in sales tax paid on combined purchases made
85within a 90-day 60-day time period.
86     6.  The department shall adopt rules governing the manner
87and form of refund applications and may establish guidelines as
88to the requisites for an affirmative showing of qualification
89for exemption under this paragraph.
90     7.  If the department determines that the business property
91is used outside an enterprise zone within 3 years from the date
92of purchase, the amount of taxes refunded to the business
93purchasing such business property shall immediately be due and
94payable to the department by the business, together with the
95appropriate interest and penalty, computed from the date of
96purchase, in the manner provided by this chapter.
97Notwithstanding this subparagraph, business property used
98exclusively in:
99     a.  Licensed commercial fishing vessels,
100     b.  Fishing guide boats, or
101     c.  Ecotourism guide boats
102
103that leave and return to a fixed location within an area
104designated under s. 370.28 are eligible for the exemption
105provided under this paragraph if all requirements of this
106paragraph are met. Such vessels and boats must be owned by a
107business that is eligible to receive the exemption provided
108under this paragraph. This exemption does not apply to the
109purchase of a vessel or boat.
110     8.  The department shall deduct an amount equal to 10
111percent of each refund granted under the provisions of this
112paragraph from the amount transferred into the Local Government
113Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20
114for the county area in which the business property is located
115and shall transfer that amount to the General Revenue Fund.
116     9.  For the purposes of this exemption, "business property"
117means new or used property defined as "recovery property" in s.
118168(c) of the Internal Revenue Code of 1954, as amended, except:
119     a.  Property classified as 3-year property under s.
120168(c)(2)(A) of the Internal Revenue Code of 1954, as amended.;
121     b.  Industrial machinery and equipment as defined in sub-
122subparagraph (b)6.a. and eligible for exemption under paragraph
123(b).;
124     c.  Building materials as defined in sub-subparagraph
125(g)8.a.; and
126     d.  Business property having a sales price of under $5,000
127per unit.
128     10.  This paragraph expires on the date specified in s.
129290.016 for the expiration of the Florida Enterprise Zone Act.
130     Section 2.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.