| 1 | A bill to be entitled |
| 2 | An act relating to enterprise zone economic stimulus; |
| 3 | amending s. 212.08, F.S.; revising an exception to the |
| 4 | definition of the term "recovery property"; amending s. |
| 5 | 212.096, F.S.; renaming the enterprise zone jobs credit as |
| 6 | the enterprise zone job stimulus credit; conforming |
| 7 | definitions to changes made by the act; providing |
| 8 | additional legislative intent; authorizing the enterprise |
| 9 | zone job stimulus credit against the sales tax to be |
| 10 | applied to new employees hired; revising criteria for |
| 11 | claiming the credit; deleting the minimum threshold |
| 12 | requirement for full-time jobs required to claim the |
| 13 | credit; specifying an additional criterion for |
| 14 | nonapplication of the credit to eligible businesses; |
| 15 | amending s. 220.02, F.S.; conforming terminology to |
| 16 | changes made by the act; amending s. 220.03, F.S.; |
| 17 | conforming definitions to changes made by the act; |
| 18 | amending s. 220.181, F.S.; renaming the enterprise zone |
| 19 | jobs credit as the enterprise zone job stimulus credit; |
| 20 | authorizing the enterprise zone job stimulus credit |
| 21 | against the corporate income tax to be applied to new |
| 22 | employees hired; revising criteria for claiming the |
| 23 | credit; deleting the minimum threshold requirement for |
| 24 | full-time jobs required to claim the credit; amending s. |
| 25 | 290.00677, F.S., relating to rural enterprise zones; |
| 26 | conforming provisions to changes made by the act; amending |
| 27 | s. 290.007, F.S.; conforming terminology to changes made |
| 28 | by the act; providing an effective date. |
| 29 |
|
| 30 | Be It Enacted by the Legislature of the State of Florida: |
| 31 |
|
| 32 | Section 1. Paragraph (h) of subsection (5) of section |
| 33 | 212.08, Florida Statutes, is amended to read: |
| 34 | 212.08 Sales, rental, use, consumption, distribution, and |
| 35 | storage tax; specified exemptions.-The sale at retail, the |
| 36 | rental, the use, the consumption, the distribution, and the |
| 37 | storage to be used or consumed in this state of the following |
| 38 | are hereby specifically exempt from the tax imposed by this |
| 39 | chapter. |
| 40 | (5) EXEMPTIONS; ACCOUNT OF USE.- |
| 41 | (h) Business property used in an enterprise zone.- |
| 42 | 1. Business property purchased for use by businesses |
| 43 | located in an enterprise zone which is subsequently used in an |
| 44 | enterprise zone shall be exempt from the tax imposed by this |
| 45 | chapter. This exemption inures to the business only through a |
| 46 | refund of previously paid taxes. A refund shall be authorized |
| 47 | upon an affirmative showing by the taxpayer to the satisfaction |
| 48 | of the department that the requirements of this paragraph have |
| 49 | been met. |
| 50 | 2. To receive a refund, the business must file under oath |
| 51 | with the governing body or enterprise zone development agency |
| 52 | having jurisdiction over the enterprise zone where the business |
| 53 | is located, as applicable, an application which includes: |
| 54 | a. The name and address of the business claiming the |
| 55 | refund. |
| 56 | b. The identifying number assigned pursuant to s. 290.0065 |
| 57 | to the enterprise zone in which the business is located. |
| 58 | c. A specific description of the property for which a |
| 59 | refund is sought, including its serial number or other permanent |
| 60 | identification number. |
| 61 | d. The location of the property. |
| 62 | e. The sales invoice or other proof of purchase of the |
| 63 | property, showing the amount of sales tax paid, the date of |
| 64 | purchase, and the name and address of the sales tax dealer from |
| 65 | whom the property was purchased. |
| 66 | f. Whether the business is a small business as defined by |
| 67 | s. 288.703(1). |
| 68 | g. If applicable, the name and address of each permanent |
| 69 | employee of the business, including, for each employee who is a |
| 70 | resident of an enterprise zone, the identifying number assigned |
| 71 | pursuant to s. 290.0065 to the enterprise zone in which the |
| 72 | employee resides. |
| 73 | 3. Within 10 working days after receipt of an application, |
| 74 | the governing body or enterprise zone development agency shall |
| 75 | review the application to determine if it contains all the |
| 76 | information required pursuant to subparagraph 2. and meets the |
| 77 | criteria set out in this paragraph. The governing body or agency |
| 78 | shall certify all applications that contain the information |
| 79 | required pursuant to subparagraph 2. and meet the criteria set |
| 80 | out in this paragraph as eligible to receive a refund. If |
| 81 | applicable, the governing body or agency shall also certify if |
| 82 | 20 percent of the employees of the business are residents of an |
| 83 | enterprise zone, excluding temporary and part-time employees. |
| 84 | The certification shall be in writing, and a copy of the |
| 85 | certification shall be transmitted to the executive director of |
| 86 | the Department of Revenue. The business shall be responsible for |
| 87 | forwarding a certified application to the department within the |
| 88 | time specified in subparagraph 4. |
| 89 | 4. An application for a refund pursuant to this paragraph |
| 90 | must be submitted to the department within 6 months after the |
| 91 | tax is due on the business property that is purchased. |
| 92 | 5. The amount refunded on purchases of business property |
| 93 | under this paragraph shall be the lesser of 97 percent of the |
| 94 | sales tax paid on such business property or $5,000, or, if no |
| 95 | less than 20 percent of the employees of the business are |
| 96 | residents of an enterprise zone, excluding temporary and part- |
| 97 | time employees, the amount refunded on purchases of business |
| 98 | property under this paragraph shall be the lesser of 97 percent |
| 99 | of the sales tax paid on such business property or $10,000. A |
| 100 | refund approved pursuant to this paragraph shall be made within |
| 101 | 30 days of formal approval by the department of the application |
| 102 | for the refund. No refund shall be granted under this paragraph |
| 103 | unless the amount to be refunded exceeds $100 in sales tax paid |
| 104 | on purchases made within a 60-day time period. |
| 105 | 6. The department shall adopt rules governing the manner |
| 106 | and form of refund applications and may establish guidelines as |
| 107 | to the requisites for an affirmative showing of qualification |
| 108 | for exemption under this paragraph. |
| 109 | 7. If the department determines that the business property |
| 110 | is used outside an enterprise zone within 3 years from the date |
| 111 | of purchase, the amount of taxes refunded to the business |
| 112 | purchasing such business property shall immediately be due and |
| 113 | payable to the department by the business, together with the |
| 114 | appropriate interest and penalty, computed from the date of |
| 115 | purchase, in the manner provided by this chapter. |
| 116 | Notwithstanding this subparagraph, business property used |
| 117 | exclusively in: |
| 118 | a. Licensed commercial fishing vessels, |
| 119 | b. Fishing guide boats, or |
| 120 | c. Ecotourism guide boats |
| 121 |
|
| 122 | that leave and return to a fixed location within an area |
| 123 | designated under s. 379.2353 are eligible for the exemption |
| 124 | provided under this paragraph if all requirements of this |
| 125 | paragraph are met. Such vessels and boats must be owned by a |
| 126 | business that is eligible to receive the exemption provided |
| 127 | under this paragraph. This exemption does not apply to the |
| 128 | purchase of a vessel or boat. |
| 129 | 8. The department shall deduct an amount equal to 10 |
| 130 | percent of each refund granted under the provisions of this |
| 131 | paragraph from the amount transferred into the Local Government |
| 132 | Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20 |
| 133 | for the county area in which the business property is located |
| 134 | and shall transfer that amount to the General Revenue Fund. |
| 135 | 9. For the purposes of this exemption, "business property" |
| 136 | means new or used property defined as "recovery property" in s. |
| 137 | 168(c) of the Internal Revenue Code of 1954, as amended, except: |
| 138 | a. Property classified as 3-year property under s. |
| 139 | 168(c)(2)(A) of the Internal Revenue Code of 1954, as amended; |
| 140 | b. Industrial machinery and equipment as defined in sub- |
| 141 | subparagraph (b)6.a. and eligible for exemption under paragraph |
| 142 | (b); |
| 143 | c. Building materials as defined in sub-subparagraph |
| 144 | (g)8.a.; and |
| 145 | d. Business property having a sales price of under $500 |
| 146 | $5,000 per unit. |
| 147 | 10. This paragraph expires on the date specified in s. |
| 148 | 290.016 for the expiration of the Florida Enterprise Zone Act. |
| 149 | Section 2. Paragraphs (a), (c), and (e) of subsection (1), |
| 150 | subsection (2), paragraphs (e) through (i) of subsection (3), |
| 151 | and subsection (9) of section 212.096, Florida Statutes, are |
| 152 | amended, and paragraph (c) is added to subsection (6) of that |
| 153 | section, to read: |
| 154 | 212.096 Sales, rental, storage, use tax; enterprise zone |
| 155 | job stimulus jobs credit against sales tax.- |
| 156 | (1) For the purposes of the credit provided in this |
| 157 | section: |
| 158 | (a) "Eligible business" means any sole proprietorship, |
| 159 | firm, partnership, corporation, bank, savings association, |
| 160 | estate, trust, business trust, receiver, syndicate, or other |
| 161 | group or combination, or successor business, located in an |
| 162 | enterprise zone. The business must demonstrate to the department |
| 163 | that, on the date of application, the total number of full-time |
| 164 | jobs defined under paragraph (d) is greater than the total was |
| 165 | 12 months prior to that date. An eligible business does not |
| 166 | include any business which has claimed the credit permitted |
| 167 | under s. 220.181 for any new business employee first beginning |
| 168 | employment with the business after July 1, 2010 1995. |
| 169 | (c) "New employee" means a person residing in an |
| 170 | enterprise zone or a participant in the welfare transition |
| 171 | program who begins employment with an eligible business after |
| 172 | July 1, 2010 1995, and who has not been previously employed full |
| 173 | time within the preceding 12 months by the eligible business, or |
| 174 | a successor eligible business, claiming the credit allowed by |
| 175 | this section. |
| 176 | (e) "New job has been created" means that, on the date of |
| 177 | application, the total number of full-time jobs is greater than |
| 178 | the total was 12 months prior to that date, as demonstrated to |
| 179 | the department by a business located in the enterprise zone. |
| 180 |
|
| 181 | A person shall be deemed to be employed if the person performs |
| 182 | duties in connection with the operations of the business on a |
| 183 | regular, full-time basis, provided the person is performing such |
| 184 | duties for an average of at least 36 hours per week each month. |
| 185 | The person must be performing such duties at a business site |
| 186 | located in the enterprise zone. |
| 187 | (2)(a) It is the legislative intent to encourage the |
| 188 | provision of meaningful employment opportunities that will |
| 189 | improve the quality of life of those employed and to encourage |
| 190 | economic expansion of enterprise zones and the state. Upon an |
| 191 | affirmative showing by an eligible business to the satisfaction |
| 192 | of the department that the requirements of this section have |
| 193 | been met, the business shall be allowed a credit against the tax |
| 194 | remitted under this chapter. |
| 195 | (b) The credit shall be computed as 20 percent of the |
| 196 | actual monthly wages paid in this state to each new employee |
| 197 | hired when a new job has been created, unless the business is |
| 198 | located within a rural enterprise zone pursuant to s. |
| 199 | 290.004(6), in which case the credit shall be 30 percent of the |
| 200 | actual monthly wages paid. If no less than 20 percent of the |
| 201 | employees of the business are residents of an enterprise zone, |
| 202 | excluding temporary and part-time employees, the credit shall be |
| 203 | computed as 30 percent of the actual monthly wages paid in this |
| 204 | state to each new employee hired when a new job has been |
| 205 | created, unless the business is located within a rural |
| 206 | enterprise zone, in which case the credit shall be 45 percent of |
| 207 | the actual monthly wages paid. If the new employee hired when a |
| 208 | new job is created is a participant in the welfare transition |
| 209 | program, the following credit shall be a percent of the actual |
| 210 | monthly wages paid: 40 percent for $4 above the hourly federal |
| 211 | minimum wage rate; 41 percent for $5 above the hourly federal |
| 212 | minimum wage rate; 42 percent for $6 above the hourly federal |
| 213 | minimum wage rate; 43 percent for $7 above the hourly federal |
| 214 | minimum wage rate; and 44 percent for $8 above the hourly |
| 215 | federal minimum wage rate. For purposes of this paragraph, |
| 216 | monthly wages shall be computed as one-twelfth of the expected |
| 217 | annual wages paid to such employee. The amount paid as wages to |
| 218 | a new employee is the compensation paid to such employee that is |
| 219 | subject to unemployment tax. The credit shall be allowed for up |
| 220 | to 24 consecutive months, beginning with the first tax return |
| 221 | due pursuant to s. 212.11 after approval by the department. |
| 222 | (3) In order to claim this credit, an eligible business |
| 223 | must file under oath with the governing body or enterprise zone |
| 224 | development agency having jurisdiction over the enterprise zone |
| 225 | where the business is located, as applicable, a statement which |
| 226 | includes: |
| 227 | (e) Demonstration to the department that, on the date of |
| 228 | application, the total number of full-time jobs defined under |
| 229 | paragraph (1)(d) is greater than the total was 12 months prior |
| 230 | to that date. |
| 231 | (e)(f) The identifying number assigned pursuant to s. |
| 232 | 290.0065 to the enterprise zone in which the business is |
| 233 | located. |
| 234 | (f)(g) Whether the business is a small business as defined |
| 235 | by s. 288.703(1). |
| 236 | (g)(h) Within 10 working days after receipt of an |
| 237 | application, the governing body or enterprise zone development |
| 238 | agency shall review the application to determine if it contains |
| 239 | all the information required pursuant to this subsection and |
| 240 | meets the criteria set out in this section. The governing body |
| 241 | or agency shall certify all applications that contain the |
| 242 | information required pursuant to this subsection and meet the |
| 243 | criteria set out in this section as eligible to receive a |
| 244 | credit. If applicable, the governing body or agency shall also |
| 245 | certify if 20 percent of the employees of the business are |
| 246 | residents of an enterprise zone, excluding temporary and part- |
| 247 | time employees. The certification shall be in writing, and a |
| 248 | copy of the certification shall be transmitted to the executive |
| 249 | director of the Department of Revenue. The business shall be |
| 250 | responsible for forwarding a certified application to the |
| 251 | department within the time specified in paragraph (h) (i). |
| 252 | (h)(i) All applications for a credit pursuant to this |
| 253 | section must be submitted to the department within 6 months |
| 254 | after the new employee is hired, except applications for credit |
| 255 | for leased employees. Applications for credit for leased |
| 256 | employees must be submitted to the department within 7 months |
| 257 | after the employee is leased. |
| 258 | (6) The credit provided in this section does not apply: |
| 259 | (c) For any eligible business that terminates employees |
| 260 | for the sole purpose of claiming the credit. |
| 261 | (9) Any business which has claimed this credit shall not |
| 262 | be allowed any credit under the provisions of s. 220.181 for any |
| 263 | new employee beginning employment after July 1, 2010 1995. |
| 264 | Section 3. Paragraph (a) of subsection (6) of section |
| 265 | 220.02, Florida Statutes, is amended to read: |
| 266 | 220.02 Legislative intent.- |
| 267 | (6)(a) It is the intent of the Legislature that the |
| 268 | enterprise zone job stimulus jobs credit provided by s. 220.181 |
| 269 | be applicable only to those businesses located in an enterprise |
| 270 | zone. It is further the intent of the Legislature to provide an |
| 271 | incentive for the increased provision of employment |
| 272 | opportunities leading to the improvement of the quality of life |
| 273 | of those employed and the positive expansion of the economy of |
| 274 | the state as well as the economy of present enterprise zones. |
| 275 | Section 4. Paragraphs (q) and (ee) of subsection (1) of |
| 276 | section 220.03, Florida Statutes, are amended to read: |
| 277 | 220.03 Definitions.- |
| 278 | (1) SPECIFIC TERMS.-When used in this code, and when not |
| 279 | otherwise distinctly expressed or manifestly incompatible with |
| 280 | the intent thereof, the following terms shall have the following |
| 281 | meanings: |
| 282 | (q) "New employee," for the purposes of the enterprise |
| 283 | zone job stimulus jobs credit, means a person residing in an |
| 284 | enterprise zone or a participant in the welfare transition |
| 285 | program who is employed at a business located in an enterprise |
| 286 | zone who begins employment in the operations of the business |
| 287 | after July 1, 2010 1995, and who has not been previously |
| 288 | employed full time within the preceding 12 months by the |
| 289 | business or a successor business claiming the credit pursuant to |
| 290 | s. 220.181. A person shall be deemed to be employed by such a |
| 291 | business if the person performs duties in connection with the |
| 292 | operations of the business on a full-time basis, provided she or |
| 293 | he is performing such duties for an average of at least 36 hours |
| 294 | per week each month. The person must be performing such duties |
| 295 | at a business site located in an enterprise zone. This paragraph |
| 296 | expires on the date specified in s. 290.016 for the expiration |
| 297 | of the Florida Enterprise Zone Act. |
| 298 | (ee) "New job has been created" means that, on the date of |
| 299 | application, the total number of full-time jobs is greater than |
| 300 | the total was 12 months prior to that date, as demonstrated to |
| 301 | the department by a business located in the enterprise zone. |
| 302 | Section 5. Paragraphs (a) and (b) of subsection (1) and |
| 303 | subsections (2), (7), and (9) of section 220.181, Florida |
| 304 | Statutes, are amended to read: |
| 305 | 220.181 Enterprise zone job stimulus jobs credit.- |
| 306 | (1)(a) There shall be allowed a credit against the tax |
| 307 | imposed by this chapter to any business located in an enterprise |
| 308 | zone that employs one or more new employees which demonstrates |
| 309 | to the department that, on the date of application, the total |
| 310 | number of full-time jobs is greater than the total was 12 months |
| 311 | prior to that date. The credit shall be computed as 20 percent |
| 312 | of the actual monthly wages paid in this state to each new |
| 313 | employee hired when a new job has been created, as defined under |
| 314 | s. 220.03(1)(ee), unless the business is located in a rural |
| 315 | enterprise zone, pursuant to s. 290.004(6), in which case the |
| 316 | credit shall be 30 percent of the actual monthly wages paid. If |
| 317 | no less than 20 percent of the employees of the business are |
| 318 | residents of an enterprise zone, excluding temporary and part- |
| 319 | time employees, the credit shall be computed as 30 percent of |
| 320 | the actual monthly wages paid in this state to each new employee |
| 321 | hired when a new job has been created, unless the business is |
| 322 | located in a rural enterprise zone, in which case the credit |
| 323 | shall be 45 percent of the actual monthly wages paid, for a |
| 324 | period of up to 24 consecutive months. If the new employee hired |
| 325 | when a new job is created is a participant in the welfare |
| 326 | transition program, the following credit shall be a percent of |
| 327 | the actual monthly wages paid: 40 percent for $4 above the |
| 328 | hourly federal minimum wage rate; 41 percent for $5 above the |
| 329 | hourly federal minimum wage rate; 42 percent for $6 above the |
| 330 | hourly federal minimum wage rate; 43 percent for $7 above the |
| 331 | hourly federal minimum wage rate; and 44 percent for $8 above |
| 332 | the hourly federal minimum wage rate. |
| 333 | (b) This credit applies only with respect to wages subject |
| 334 | to unemployment tax. The credit provided in this section does |
| 335 | not apply: |
| 336 | 1. For any employee who is an owner, partner, or majority |
| 337 | stockholder of an eligible business. |
| 338 | 2. For any new employee who is employed for any period |
| 339 | less than 3 months. |
| 340 | 3. For any eligible business that terminates employees for |
| 341 | the sole purpose of claiming the credit. |
| 342 | (2) When filing for an enterprise zone job stimulus jobs |
| 343 | credit, a business must file under oath with the governing body |
| 344 | or enterprise zone development agency having jurisdiction over |
| 345 | the enterprise zone where the business is located, as |
| 346 | applicable, a statement which includes: |
| 347 | (a) For each new employee for whom this credit is claimed, |
| 348 | the employee's name and place of residence during the taxable |
| 349 | year, including the identifying number assigned pursuant to s. |
| 350 | 290.0065 to the enterprise zone in which the new employee |
| 351 | resides if the new employee is a person residing in an |
| 352 | enterprise zone, and, if applicable, documentation that the |
| 353 | employee is a welfare transition program participant. |
| 354 | (b) If applicable, the name and address of each permanent |
| 355 | employee of the business, including, for each employee who is a |
| 356 | resident of an enterprise zone, the identifying number assigned |
| 357 | pursuant to s. 290.0065 to the enterprise zone in which the |
| 358 | employee resides. |
| 359 | (c) The name and address of the business. |
| 360 | (d) The identifying number assigned pursuant to s. |
| 361 | 290.0065 to the enterprise zone in which the eligible business |
| 362 | is located. |
| 363 | (e) The salary or hourly wages paid to each new employee |
| 364 | claimed. |
| 365 | (f) Demonstration to the department that, on the date of |
| 366 | application, the total number of full-time jobs is greater than |
| 367 | the total was 12 months prior to that date. |
| 368 | (f)(g) Whether the business is a small business as defined |
| 369 | by s. 288.703(1). |
| 370 | (7) Any business which has claimed this credit shall not |
| 371 | be allowed any credit under the provision of s. 212.096 for any |
| 372 | new employee beginning employment after July 1, 2010 1995. The |
| 373 | provisions of this subsection shall not apply when a corporation |
| 374 | converts to an S corporation for purposes of compliance with the |
| 375 | Internal Revenue Code of 1986, as amended; however, no |
| 376 | corporation shall be allowed the benefit of this credit and the |
| 377 | credit under s. 212.096 either for the same new employee or for |
| 378 | the same taxable year. In addition, such a corporation shall not |
| 379 | be allowed any credit under s. 212.096 until it has filed notice |
| 380 | of its intent to change its status for tax purposes and until |
| 381 | its final return under this chapter for the taxable year prior |
| 382 | to such change has been filed. |
| 383 | (9) This section, except paragraph (1)(c) and subsection |
| 384 | (8), expires on the date specified in s. 290.016 for the |
| 385 | expiration of the Florida Enterprise Zone Act, and a business |
| 386 | may not begin claiming the enterprise zone job stimulus jobs |
| 387 | credit after that date; however, the expiration of this section |
| 388 | does not affect the operation of any credit for which a business |
| 389 | has qualified under this section before that date, or any |
| 390 | carryforward of unused credit amounts as provided in paragraph |
| 391 | (1)(c). |
| 392 | Section 6. Section 290.00677, Florida Statutes, is amended |
| 393 | to read: |
| 394 | 290.00677 Rural enterprise zones; special qualifications.- |
| 395 | (1) Notwithstanding the enterprise zone residency |
| 396 | requirements set out in s. 212.096(1)(c), eligible businesses as |
| 397 | defined by s. 212.096(1)(a), located in rural enterprise zones |
| 398 | as defined by s. 290.004, may receive the basic minimum credit |
| 399 | provided under s. 212.096 for creating a new job and hiring a |
| 400 | person residing within the jurisdiction of a rural county, as |
| 401 | defined by s. 288.106(1)(r). All other provisions of s. 212.096, |
| 402 | including, but not limited to, those relating to the award of |
| 403 | enhanced credits, apply to such businesses. |
| 404 | (2) Notwithstanding the enterprise zone residency |
| 405 | requirements set out in s. 220.03(1)(q), businesses as defined |
| 406 | by s. 220.03(1)(c), located in rural enterprise zones as defined |
| 407 | in s. 290.004, may receive the basic minimum credit provided |
| 408 | under s. 220.181 for creating a new job and hiring a person |
| 409 | residing within the jurisdiction of a rural county, as defined |
| 410 | by s. 288.106(1)(r). All other provisions of s. 220.181, |
| 411 | including, but not limited to, those relating to the award of |
| 412 | enhanced credits apply to such businesses. |
| 413 | Section 7. Subsections (1) and (7) of section 290.007, |
| 414 | Florida Statutes, are amended to read: |
| 415 | 290.007 State incentives available in enterprise zones.- |
| 416 | The following incentives are provided by the state to encourage |
| 417 | the revitalization of enterprise zones: |
| 418 | (1) The enterprise zone job stimulus jobs credit provided |
| 419 | in s. 220.181. |
| 420 | (7) The enterprise zone job stimulus jobs credit against |
| 421 | the sales tax provided in s. 212.096. |
| 422 | Section 8. This act shall take effect July 1, 2010. |