| 1 | A bill to be entitled |
| 2 | An act relating to energy economic zones; amending s. |
| 3 | 377.809, F.S.; authorizing specified tax credits and other |
| 4 | incentives for pilot energy economic zone communities; |
| 5 | providing requirements for the provision of such |
| 6 | incentives; providing that designated energy economic |
| 7 | zones shall be considered transportation concurrency |
| 8 | exception areas; providing requirements for the |
| 9 | calculation of land required to accommodate anticipated |
| 10 | growth for specified purposes; defining the term "clean |
| 11 | technology industries and technologies"; requiring pilot |
| 12 | communities to work with certain agencies to test |
| 13 | specified methods to promote energy-efficient land use; |
| 14 | amending s. 212.08, F.S.; providing definitions; exempting |
| 15 | specified building materials used in the construction or |
| 16 | rehabilitation of energy-efficient structures from certain |
| 17 | sales, rental, use, consumption, distribution, and storage |
| 18 | taxes; exempting specified real property located in an |
| 19 | energy economic zone from certain sales, rental, use, |
| 20 | consumption, distribution, and storage taxes; exempting |
| 21 | clean technology and manufacturing products used in energy |
| 22 | economic zones from certain taxes; providing an effective |
| 23 | date. |
| 24 |
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| 25 | Be It Enacted by the Legislature of the State of Florida: |
| 26 |
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| 27 | Section 1. Subsections (5) through (8) are added to |
| 28 | section 377.809, Florida Statutes, to read: |
| 29 | 377.809 Energy Economic Zone Pilot Program.- |
| 30 | (5) Based on findings of the designated energy economic |
| 31 | zone pilot communities as to incentives that may be desirable |
| 32 | pursuant to subsection (3), the state incentives in paragraphs |
| 33 | (a)-(d) may be offered by the pilot communities, by ordinance, |
| 34 | to cultivate green economic development, encourage renewable |
| 35 | electric energy generation, manufacture products that contribute |
| 36 | to energy conservation and green jobs, develop energy-efficient |
| 37 | land use patterns, and reduce greenhouse gas emissions. In order |
| 38 | for such incentives to be provided, the pilot community must |
| 39 | designate the energy economic zone by amendment to the future |
| 40 | land use map portion of the comprehensive plan and implementing |
| 41 | land development regulations and must certify to the Department |
| 42 | of Community Affairs and the Office of Tourism, Trade, and |
| 43 | Economic Development that the pilot community's developments are |
| 44 | eligible to receive the incentives. |
| 45 | (a) The jobs credit provided under s. 220.181 for |
| 46 | enterprise zones shall apply to pilot energy economic zones for |
| 47 | renewable energy manufacturers, zero-emission vehicle |
| 48 | manufacturers and assemblers, and other such industries that |
| 49 | contribute to energy conservation and the reduction of |
| 50 | greenhouse gas emissions, as approved by the governing body with |
| 51 | jurisdiction over the designated energy economic zone, which are |
| 52 | expanding production activity through increased employment. |
| 53 | (b) The property tax credit provided under s. 220.182 for |
| 54 | enterprise zones shall apply to pilot energy economic zones for |
| 55 | eligible clean technology industries and technologies, pursuant |
| 56 | to subsection (7), and as approved by the governing body with |
| 57 | jurisdiction of the energy economic zone. |
| 58 | (c) The jobs credit against the sales tax provided under |
| 59 | s. 212.096 for enterprise zones shall apply to pilot energy |
| 60 | economic zones for businesses that meet the eligibility criteria |
| 61 | set forth in s. 212.08(5)(q) and (r) and (7)(ggg). |
| 62 | (d) All other statutory reporting and accountability |
| 63 | requirements relating to the incentives under this subsection |
| 64 | shall also apply to energy economic zones. |
| 65 | (6) The following provisions apply to designated energy |
| 66 | economic zones: |
| 67 | (a) Designated energy economic zones shall be considered |
| 68 | transportation concurrency exception areas. Development within |
| 69 | and consistent with designated energy economic zones are exempt |
| 70 | from review under s. 380.06. |
| 71 | (b) Density and intensity bonuses for energy-efficient |
| 72 | developments within the designated energy economic zones shall |
| 73 | not be calculated as part of the amount of land required to |
| 74 | accommodate anticipated growth for the purposes of chapter 163. |
| 75 | (7) For purposes of energy economic zone eligibility |
| 76 | criteria for the exemptions provided in subsection (5), the term |
| 77 | "clean technology industries and technologies" includes a |
| 78 | diverse range of products, services, and processes that harness |
| 79 | renewable materials and energy sources and significantly reduce |
| 80 | the use of natural resources, greenhouse gas emissions, and |
| 81 | waste. Such products, services, and processes shall include, but |
| 82 | are not limited to: |
| 83 | (a) Clean transportation technologies such as advanced |
| 84 | battery storage, electro propulsion, fuel cells, hybrid-electric |
| 85 | and solar-powered vehicles, and stirling engines. |
| 86 | (b) Clean energy technologies such as biofuels, fuel |
| 87 | cells, microturbines, photovoltaics, small-scale hydroelectric, |
| 88 | wind power, and energy efficiency. |
| 89 | (c) Clean materials such as biomass materials, |
| 90 | biomemetics, green buildings, green chemistry, and |
| 91 | phytoremediation. |
| 92 | (d) Clean water industries such as biological water |
| 93 | filtration, decentralized filtration systems, small-scale |
| 94 | desalination, ultraviolet purification, and wetlands |
| 95 | restoration. |
| 96 | (8) The pilot communities shall work with water management |
| 97 | districts, the Department of Community Affairs, the Department |
| 98 | of Environmental Protection, the Department of Health, and other |
| 99 | appropriate state agencies to test sub-basin modeling and |
| 100 | management, credit systems, and use of green infrastructure |
| 101 | within the designated energy economic zones as methods to |
| 102 | promote energy-efficient land use. |
| 103 | Section 2. Paragraphs (q) and (r) are added to subsection |
| 104 | (5) of section 212.08, Florida Statutes, and paragraph (ggg) is |
| 105 | added to subsection (7) of that section, to read: |
| 106 | 212.08 Sales, rental, use, consumption, distribution, and |
| 107 | storage tax; specified exemptions.-The sale at retail, the |
| 108 | rental, the use, the consumption, the distribution, and the |
| 109 | storage to be used or consumed in this state of the following |
| 110 | are hereby specifically exempt from the tax imposed by this |
| 111 | chapter. |
| 112 | (5) EXEMPTIONS; ACCOUNT OF USE.- |
| 113 | (q) Building materials used in the construction or |
| 114 | rehabilitation of energy-efficient structures of real property |
| 115 | located in an energy economic zone.- |
| 116 | 1. Building materials used in the construction or |
| 117 | rehabilitation of real property located in an energy economic |
| 118 | zone shall be exempt from taxes imposed by this chapter upon an |
| 119 | affirmative showing to the satisfaction of the department that |
| 120 | the materials have been used for energy-efficient structures |
| 121 | located in a designated energy economic zone. Except as provided |
| 122 | in subparagraph 2., this exemption inures to the owner, lessee, |
| 123 | or lessor of the real property located in an energy economic |
| 124 | zone only through a refund of previously paid taxes. To receive |
| 125 | a refund pursuant to this paragraph, the owner, lessee, or |
| 126 | lessor of the real property located in an energy economic zone |
| 127 | must file an application under oath with the governing body of |
| 128 | the local government having jurisdiction over the energy |
| 129 | economic zone where the business is located, as applicable, |
| 130 | which includes: |
| 131 | a. The name and address of the person claiming the refund. |
| 132 | b. An address and assessment roll parcel number of the |
| 133 | real property in an energy economic zone for which a refund of |
| 134 | previously paid taxes is being sought. |
| 135 | c. A description of the materials and energy-efficient |
| 136 | construction utilized to construct or rehabilitate an energy- |
| 137 | efficient structure. |
| 138 | d. A copy of the building permit issued for the |
| 139 | construction of the real property. |
| 140 | e. A sworn statement, under the penalty of perjury, from |
| 141 | the general contractor licensed in this state with whom the |
| 142 | applicant contracted to accomplish the energy-efficient |
| 143 | construction or rehabilitation of the real property, which |
| 144 | statement lists the building materials used, the actual cost of |
| 145 | the building materials, and the amount of sales tax paid in this |
| 146 | state on the building materials. In the event that a general |
| 147 | contractor has not been used, the applicant shall provide this |
| 148 | information in a sworn statement, under the penalty of perjury. |
| 149 | f. The identification of the energy economic zone in which |
| 150 | the energy-efficient structure constructed or rehabilitated is |
| 151 | located. |
| 152 | g. A certification by the local building code inspector |
| 153 | that the improvements necessary to accomplish the construction |
| 154 | or rehabilitation of the real property are substantially |
| 155 | completed. |
| 156 | h. Whether the business is a small business as defined in |
| 157 | s. 288.703(1). |
| 158 | i. If applicable, the name and address of each permanent |
| 159 | employee of the business, indicating those employees who reside |
| 160 | in the energy economic zone. |
| 161 | 2. This exemption inures to a city, county, other |
| 162 | governmental agency, or nonprofit community-based organization |
| 163 | through a refund of previously paid taxes if the building |
| 164 | materials used in the construction or rehabilitation of real |
| 165 | property located in an energy economic zone are paid for from |
| 166 | the funds of a community development block grant, State Housing |
| 167 | Initiatives Partnership Program, or similar grant or loan |
| 168 | program. To receive a refund pursuant to this paragraph, a city, |
| 169 | county, other governmental agency, or nonprofit community-based |
| 170 | organization must file an application that includes the same |
| 171 | information required to be provided in subparagraph 1. by an |
| 172 | owner, lessee, or lessor of rehabilitated real property. In |
| 173 | addition, the application must include a sworn statement signed |
| 174 | by the chief executive officer of the city, county, other |
| 175 | governmental agency, or nonprofit community-based organization |
| 176 | seeking a refund which states that the building materials for |
| 177 | which a refund is sought were paid for from the funds of a |
| 178 | community development block grant, State Housing Initiatives |
| 179 | Partnership Program, or similar grant or loan program. |
| 180 | 3. Within 10 working days after receipt of an application, |
| 181 | the governing body or designee of the energy economic zone shall |
| 182 | review the application to determine if it contains all the |
| 183 | information required pursuant to subparagraph 1. or subparagraph |
| 184 | 2. and meets the criteria set out in this paragraph. The |
| 185 | governing body or designee shall certify all applications that |
| 186 | contain the information required pursuant to subparagraph 1. or |
| 187 | subparagraph 2. and meet the criteria set out in this paragraph |
| 188 | as eligible to receive a refund. The certification shall be in |
| 189 | writing, and a copy of the certification shall be transmitted to |
| 190 | the executive director of the Department of Revenue. The |
| 191 | applicant shall be responsible for forwarding a certified |
| 192 | application to the department within the time specified in |
| 193 | subparagraph 4. |
| 194 | 4. An application for a refund pursuant to this paragraph |
| 195 | must be submitted to the department within 6 months after the |
| 196 | construction of the property is deemed to be substantially |
| 197 | completed by the local building code inspector or by September 1 |
| 198 | after the rehabilitated property is first subject to assessment. |
| 199 | 5. Not more than one exemption through a refund of |
| 200 | previously paid taxes for the construction of real property |
| 201 | shall be permitted for any single parcel of property unless |
| 202 | there is a change in ownership between unrelated parties, a new |
| 203 | lessor, or a new lessee, other than related parties. No refund |
| 204 | shall be granted pursuant to this paragraph unless the amount to |
| 205 | be refunded exceeds $500. No refund granted pursuant to this |
| 206 | paragraph shall exceed the lesser of 97 percent of the state |
| 207 | sales and use tax paid on the cost of the building materials |
| 208 | used in the construction of the real property as determined |
| 209 | pursuant to sub-subparagraph 1.e. or $5,000, or, if no less than |
| 210 | 20 percent of the employees of the business are residents of an |
| 211 | energy economic zone, excluding temporary and part-time |
| 212 | employees, the amount of refund granted pursuant to this |
| 213 | paragraph shall not exceed the lesser of 97 percent of the sales |
| 214 | tax paid on the cost of such building materials or $10,000. A |
| 215 | refund approved by the department pursuant to this paragraph |
| 216 | shall be made within 30 days after formal approval of the |
| 217 | application, which determination shall be made within 30 days |
| 218 | after receiving the application. This subparagraph shall apply |
| 219 | retroactively to July 1, 2005. |
| 220 | 6. The department shall adopt rules governing the manner |
| 221 | and form of refund applications and may establish guidelines as |
| 222 | to the requisites for an affirmative showing of qualification |
| 223 | for exemption under this paragraph. |
| 224 | 7. For the purposes of the exemption provided in this |
| 225 | paragraph: |
| 226 | a. "Building materials" means tangible personal property |
| 227 | that becomes a component part of construction and improvements |
| 228 | to real property. |
| 229 | b. "Real property" has the same meaning as provided in s. |
| 230 | 192.001(12). |
| 231 | c. "Energy-efficient construction " means the |
| 232 | construction, renovation, restoration, rehabilitation, or |
| 233 | expansion of improvements to real property resulting in a |
| 234 | structure that meets Leadership in Energy and Environmental |
| 235 | Design (LEED)standards. |
| 236 | d. "Energy-efficient structures" means structures that |
| 237 | meet LEED-certified buildings standards. |
| 238 | e. "Substantially completed" has the same meaning as |
| 239 | provided in s. 192.042(1). |
| 240 | (r) Business property used in an energy economic zone.- |
| 241 | 1. Business property purchased for use by businesses |
| 242 | located in an energy economic zone that is subsequently used in |
| 243 | an energy economic zone shall be exempt from the tax imposed by |
| 244 | this chapter. This exemption inures to the business only through |
| 245 | a refund of previously paid taxes. A refund shall be authorized |
| 246 | upon an affirmative showing by the taxpayer to the satisfaction |
| 247 | of the department that the requirements of this paragraph have |
| 248 | been met. |
| 249 | 2. To receive a refund, the business must certify to the |
| 250 | governing body of the local government having jurisdiction over |
| 251 | the energy economic zone in which the business is located, as |
| 252 | applicable, an application that includes: |
| 253 | a. The name and address of the business claiming the |
| 254 | refund. |
| 255 | b. A specific description of the property for which a |
| 256 | refund is sought, including its serial number or other permanent |
| 257 | identification number. |
| 258 | c. The location of the property. |
| 259 | d. The sales invoice or other proof of purchase of the |
| 260 | property, showing the amount of sales tax paid, the date of |
| 261 | purchase, and the name and address of the sales tax dealer from |
| 262 | whom the property was purchased. |
| 263 | e. Whether the business is a small business as defined by |
| 264 | s. 288.703(1). |
| 265 | f. If applicable, the name and address of each permanent |
| 266 | employee of the business, indicating those employees who reside |
| 267 | in the energy economic zone. |
| 268 | 3. An application for a refund pursuant to this paragraph |
| 269 | must be submitted to the governing body having jurisdiction over |
| 270 | the energy economic zone within 6 months after the tax is due on |
| 271 | the business property that is purchased. |
| 272 | 4. Within 10 working days after receipt of an application, |
| 273 | the governing body or designee shall review the application to |
| 274 | determine if it contains all the information required pursuant |
| 275 | to subparagraph 2. and meets the criteria set out in this |
| 276 | paragraph. After review, the certified application shall be |
| 277 | transmitted to the executive director of the Department of |
| 278 | Revenue. |
| 279 | 5. The amount refunded on purchases of business property |
| 280 | under this paragraph shall be the lesser of 97 percent of the |
| 281 | sales tax paid on such business property or $5,000, or, if no |
| 282 | less than 20 percent of the employees of the business are |
| 283 | residents of an energy economic zone, excluding temporary and |
| 284 | part-time employees, the amount refunded on purchases of |
| 285 | business property under this paragraph shall be the lesser of 97 |
| 286 | percent of the sales tax paid on such business property or |
| 287 | $10,000. A refund approved pursuant to this paragraph shall be |
| 288 | made within 30 days after formal approval by the department of |
| 289 | the application for the refund. No refund shall be granted under |
| 290 | this paragraph unless the amount to be refunded exceeds $100 in |
| 291 | sales tax paid on purchases made within a 60-day time period. |
| 292 | 6. The department shall adopt rules governing the manner |
| 293 | and form of refund applications and may establish guidelines as |
| 294 | to the requisites for an affirmative showing of qualification |
| 295 | for exemption under this paragraph. |
| 296 | 7. If the department determines that the business property |
| 297 | is used outside an energy economic zone within 3 years after the |
| 298 | date of purchase, the amount of taxes refunded to the business |
| 299 | purchasing such business property shall immediately be due and |
| 300 | payable to the department by the business, together with the |
| 301 | appropriate interest and penalty, computed from the date of |
| 302 | purchase, in the manner provided by this chapter. |
| 303 | Notwithstanding this subparagraph, business property used |
| 304 | exclusively in: |
| 305 | a. Licensed commercial fishing vessels, |
| 306 | b. Fishing guide boats, or |
| 307 | c. Ecotourism guide boats |
| 308 | |
| 309 | that leave and return to a fixed location within an area |
| 310 | designated under s. 379.2353 are eligible for the exemption |
| 311 | provided under this paragraph if all requirements of this |
| 312 | paragraph are met. Such vessels and boats must be owned by a |
| 313 | business that is eligible to receive the exemption provided |
| 314 | under this paragraph. This exemption does not apply to the |
| 315 | purchase of a vessel or boat. |
| 316 | 8. For the purposes of this exemption, "business property" |
| 317 | means new or used tangible personal property having a value of |
| 318 | at least $500 used in energy economic zones by renewable energy |
| 319 | manufacturers, zero-emissions vehicle manufacturers and other |
| 320 | such industries involved in clean technology industries and |
| 321 | technologies. |
| 322 | (7) MISCELLANEOUS EXEMPTIONS.-Exemptions provided to any |
| 323 | entity by this chapter do not inure to any transaction that is |
| 324 | otherwise taxable under this chapter when payment is made by a |
| 325 | representative or employee of the entity by any means, |
| 326 | including, but not limited to, cash, check, or credit card, even |
| 327 | when that representative or employee is subsequently reimbursed |
| 328 | by the entity. In addition, exemptions provided to any entity by |
| 329 | this subsection do not inure to any transaction that is |
| 330 | otherwise taxable under this chapter unless the entity has |
| 331 | obtained a sales tax exemption certificate from the department |
| 332 | or the entity obtains or provides other documentation as |
| 333 | required by the department. Eligible purchases or leases made |
| 334 | with such a certificate must be in strict compliance with this |
| 335 | subsection and departmental rules, and any person who makes an |
| 336 | exempt purchase with a certificate that is not in strict |
| 337 | compliance with this subsection and the rules is liable for and |
| 338 | shall pay the tax. The department may adopt rules to administer |
| 339 | this subsection. |
| 340 | (ggg) Clean technology and manufacturing products used in |
| 341 | energy economic zones, as defined in s. 377.809(7), are exempt |
| 342 | from the tax imposed by this chapter. The local governing body |
| 343 | with jurisdiction for the energy economic zone shall submit a |
| 344 | list of products to the department considered eligible pursuant |
| 345 | to this definition. |
| 346 | Section 3. This act shall take effect upon becoming a law. |