Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for SB 506
       
       
       
       
       
       
                                Barcode 318200                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             05/05/2011 06:03 PM       .                                
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       Senator Bogdanoff moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (15) and (16) of section 196.012,
    6  Florida Statutes, are amended to read:
    7         196.012 Definitions.—For the purpose of this chapter, the
    8  following terms are defined as follows, except where the context
    9  clearly indicates otherwise:
   10         (15) “New business” means:
   11         (a)1. A business or organization establishing 10 or more
   12  new jobs to employ 10 or more full-time employees in this state,
   13  paying an average wage for such new jobs that is above the
   14  average wage in the area, which principally engages in any one
   15  or more of the following operations: which
   16         a. Manufactures, processes, compounds, fabricates, or
   17  produces for sale items of tangible personal property at a fixed
   18  location and which comprises an industrial or manufacturing
   19  plant; or
   20         b. Is a target industry business as defined in s.
   21  288.106(2)(t);
   22         2. A business or organization establishing 25 or more new
   23  jobs to employ 25 or more full-time employees in this state, the
   24  sales factor of which, as defined by s. 220.15(5), for the
   25  facility with respect to which it requests an economic
   26  development ad valorem tax exemption is less than 0.50 for each
   27  year the exemption is claimed; or
   28         3. An office space in this state owned and used by a
   29  business or organization corporation newly domiciled in this
   30  state; provided such office space houses 50 or more full-time
   31  employees of such business or organization corporation; provided
   32  that such business or organization office first begins operation
   33  on a site clearly separate from any other commercial or
   34  industrial operation owned by the same business or organization.
   35         (b) Any business or organization located in an enterprise
   36  zone or brownfield area that first begins operation on a site
   37  clearly separate from any other commercial or industrial
   38  operation owned by the same business or organization.
   39         (c) A business or organization that is situated on property
   40  annexed into a municipality and that, at the time of the
   41  annexation, is receiving an economic development ad valorem tax
   42  exemption from the county under s. 196.1995.
   43         (16) “Expansion of an existing business” means:
   44         (a)1. A business or organization establishing 10 or more
   45  new jobs to employ 10 or more full-time employees in this state,
   46  paying an average wage for such new jobs that is above the
   47  average wage in the area, which principally engages in any of
   48  the operations referred to in subparagraph (15)(a)1. which
   49  manufactures, processes, compounds, fabricates, or produces for
   50  sale items of tangible personal property at a fixed location and
   51  which comprises an industrial or manufacturing plant; or
   52         2. A business or organization establishing 25 or more new
   53  jobs to employ 25 or more full-time employees in this state, the
   54  sales factor of which, as defined by s. 220.15(5), for the
   55  facility with respect to which it requests an economic
   56  development ad valorem tax exemption is less than 0.50 for each
   57  year the exemption is claimed; provided that such business
   58  increases operations on a site located within the same county,
   59  municipality, or both colocated with a commercial or industrial
   60  operation owned by the same business or organization under
   61  common control with the same business or organization, resulting
   62  in a net increase in employment of not less than 10 percent or
   63  an increase in productive output or sales of not less than 10
   64  percent.
   65         (b) Any business or organization located in an enterprise
   66  zone or brownfield area that increases operations on a site
   67  located within the same zone or area colocated with a commercial
   68  or industrial operation owned by the same business or
   69  organization under common control with the same business or
   70  organization.
   71         Section 2. Section 196.1995, Florida Statutes, is amended
   72  to read:
   73         196.1995 Economic development ad valorem tax exemption.—
   74         (1) The board of county commissioners of any county or the
   75  governing authority of any municipality shall call a referendum
   76  within its total jurisdiction to determine whether its
   77  respective jurisdiction may grant economic development ad
   78  valorem tax exemptions under s. 3, Art. VII of the State
   79  Constitution if:
   80         (a) The board of county commissioners of the county or the
   81  governing authority of the municipality votes to hold such
   82  referendum; or
   83         (b) The board of county commissioners of the county or the
   84  governing authority of the municipality receives a petition
   85  signed by 10 percent of the registered electors of its
   86  respective jurisdiction, which petition calls for the holding of
   87  such referendum; or
   88         (c) The board of county commissioners of a charter county
   89  receives a petition or initiative signed by the required
   90  percentage of registered electors in accordance with the
   91  procedures established in the county’s charter for the enactment
   92  of ordinances or for approval of amendments of the charter, if
   93  less than 10 percent, which petition or initiative calls for the
   94  holding of such referendum.
   95         (2) The ballot question in such referendum shall be in
   96  substantially the following form:
   97  
   98  Shall the board of county commissioners of this county (or the
   99  governing authority of this municipality, or both) be authorized
  100  to grant, pursuant to s. 3, Art. VII of the State Constitution,
  101  property tax exemptions to new businesses and expansions of
  102  existing businesses that are expected to create new, full-time
  103  jobs in the county (or municipality, or both)?
  104  
  105         .... Yes—For authority to grant exemptions.
  106         .... No—Against authority to grant exemptions.
  107  
  108         (3) The board of county commissioners or the governing
  109  authority of the municipality that calls a referendum within its
  110  total jurisdiction to determine whether its respective
  111  jurisdiction may grant economic development ad valorem tax
  112  exemptions may vote to limit the effect of the referendum to
  113  authority to grant economic development tax exemptions for new
  114  businesses and expansions of existing businesses located in an
  115  enterprise zone or a brownfield area, as defined in s.
  116  376.79(4). If an area nominated to be an enterprise zone
  117  pursuant to s. 290.0055 has not yet been designated pursuant to
  118  s. 290.0065, the board of county commissioners or the governing
  119  authority of the municipality may call such referendum prior to
  120  such designation; however, the authority to grant economic
  121  development ad valorem tax exemptions does not apply until such
  122  area is designated pursuant to s. 290.0065. The ballot question
  123  in such referendum shall be in substantially the following form
  124  and shall be used in lieu of the ballot question prescribed in
  125  subsection (2):
  126  
  127  Shall the board of county commissioners of this county (or the
  128  governing authority of this municipality, or both) be authorized
  129  to grant, pursuant to s. 3, Art. VII of the State Constitution,
  130  property tax exemptions for new businesses and expansions of
  131  existing businesses that which are located in an enterprise zone
  132  or a brownfield area and that are expected to create new, full
  133  time jobs in the county (or municipality, or both)?
  134  
  135         .... Yes—For authority to grant exemptions.
  136         .... No—Against authority to grant exemptions.
  137  
  138         (4) A referendum pursuant to this section may be called
  139  only once in any 12-month period.
  140         (5) Upon a majority vote in favor of such authority, the
  141  board of county commissioners or the governing authority of the
  142  municipality, at its discretion, by ordinance may exempt from ad
  143  valorem taxation up to 100 percent of the assessed value of all
  144  improvements to real property made by or for the use of a new
  145  business and of all tangible personal property of such new
  146  business, or up to 100 percent of the assessed value of all
  147  added improvements to real property made to facilitate the
  148  expansion of an existing business and of the net increase in all
  149  tangible personal property acquired to facilitate such expansion
  150  of an existing business, provided that the improvements to real
  151  property are made or the tangible personal property is added or
  152  increased on or after the day the ordinance is adopted. However,
  153  if the authority to grant exemptions is approved in a referendum
  154  in which the ballot question contained in subsection (3) appears
  155  on the ballot, the authority of the board of county
  156  commissioners or the governing authority of the municipality to
  157  grant exemptions is limited solely to new businesses and
  158  expansions of existing businesses that are located in an
  159  enterprise zone or brownfield area. Property acquired to replace
  160  existing property shall not be considered to facilitate a
  161  business expansion. The exemption applies only to taxes levied
  162  by the respective unit of government granting the exemption. The
  163  exemption does not apply, however, to taxes levied for the
  164  payment of bonds or to taxes authorized by a vote of the
  165  electors pursuant to s. 9(b) or s. 12, Art. VII of the State
  166  Constitution. Any such exemption shall remain in effect for up
  167  to 10 years with respect to any particular facility, regardless
  168  of any change in the authority of the county or municipality to
  169  grant such exemptions. The exemption shall not be prolonged or
  170  extended by granting exemptions from additional taxes or by
  171  virtue of any reorganization or sale of the business receiving
  172  the exemption.
  173         (6) With respect to a new business as defined by s.
  174  196.012(15)(c), the municipality annexing the property on which
  175  the business is situated may grant an economic development ad
  176  valorem tax exemption under this section to that business for a
  177  period that will expire upon the expiration of the exemption
  178  granted by the county. If the county renews the exemption under
  179  subsection (7), the municipality may also extend its exemption.
  180  A municipal economic development ad valorem tax exemption
  181  granted under this subsection may not extend beyond the duration
  182  of the county exemption.
  183         (7) The authority to grant exemptions under this section
  184  expires 10 years after the date such authority was approved in
  185  an election, but such authority may be renewed for subsequent
  186  10-year periods if each 10-year renewal is approved in a
  187  referendum called and held pursuant to this section.
  188         (8) Any person, firm, or corporation which desires an
  189  economic development ad valorem tax exemption shall, in the year
  190  the exemption is desired to take effect, file a written
  191  application on a form prescribed by the department with the
  192  board of county commissioners or the governing authority of the
  193  municipality, or both. The application shall request the
  194  adoption of an ordinance granting the applicant an exemption
  195  pursuant to this section and shall include the following
  196  information:
  197         (a) The name and location of the new business or the
  198  expansion of an existing business;
  199         (b) A description of the improvements to real property for
  200  which an exemption is requested and the date of commencement of
  201  construction of such improvements;
  202         (c) A description of the tangible personal property for
  203  which an exemption is requested and the dates when such property
  204  was or is to be purchased;
  205         (d) Proof, to the satisfaction of the board of county
  206  commissioners or the governing authority of the municipality,
  207  that the applicant is a new business or an expansion of an
  208  existing business, as defined in s. 196.012(15) or (16); and
  209         (e) The number of jobs the applicant expects to create
  210  along with the average wage of the jobs and whether the jobs are
  211  full-time or part-time;
  212         (f) The expected time schedule for job creation; and
  213         (g)(e) Other information deemed necessary or appropriate by
  214  the department, county, or municipality.
  215         (9) Before it takes action on the application, the board of
  216  county commissioners or the governing authority of the
  217  municipality shall deliver a copy of the application to the
  218  property appraiser of the county. After careful consideration,
  219  the property appraiser shall report the following information to
  220  the board of county commissioners or the governing authority of
  221  the municipality:
  222         (a) The total revenue available to the county or
  223  municipality for the current fiscal year from ad valorem tax
  224  sources, or an estimate of such revenue if the actual total
  225  revenue available cannot be determined;
  226         (b) Any revenue lost to the county or municipality for the
  227  current fiscal year by virtue of exemptions previously granted
  228  under this section, or an estimate of such revenue if the actual
  229  revenue lost cannot be determined;
  230         (c) An estimate of the revenue which would be lost to the
  231  county or municipality during the current fiscal year if the
  232  exemption applied for were granted had the property for which
  233  the exemption is requested otherwise been subject to taxation;
  234  and
  235         (d) A determination as to whether the property for which an
  236  exemption is requested is to be incorporated into a new business
  237  or the expansion of an existing business, as defined in s.
  238  196.012(15) or (16), or into neither, which determination the
  239  property appraiser shall also affix to the face of the
  240  application. Upon the request of the property appraiser, the
  241  department shall provide to him or her such information as it
  242  may have available to assist in making such determination.
  243         (10) In considering any application for an exemption under
  244  this section, the board of county commissioners or the governing
  245  authority of the municipality must take into account the
  246  following:
  247         (a) The total number of net new jobs to be created by the
  248  applicant;
  249         (b) The average wage of the new jobs;
  250         (c) The capital investment to be made by the applicant;
  251         (d) The type of business or operation and whether it
  252  qualifies as a targeted industry as may be identified from time
  253  to time by the board of county commissioners or the governing
  254  authority of the municipality;
  255         (e) The environmental impact of the proposed business or
  256  operation;
  257         (f) The extent to which the applicant intends to source its
  258  supplies and materials within the applicable jurisdiction; and
  259         (g) Any other economic-related characteristics or criteria
  260  deemed necessary by the board of county commissioners or the
  261  governing authority of the municipality.
  262         (11)(10) An ordinance granting an exemption under this
  263  section shall be adopted in the same manner as any other
  264  ordinance of the county or municipality and shall include the
  265  following:
  266         (a) The name and address of the new business or expansion
  267  of an existing business to which the exemption is granted;
  268         (b) The total amount of revenue available to the county or
  269  municipality from ad valorem tax sources for the current fiscal
  270  year, the total amount of revenue lost to the county or
  271  municipality for the current fiscal year by virtue of economic
  272  development ad valorem tax exemptions currently in effect, and
  273  the estimated revenue loss to the county or municipality for the
  274  current fiscal year attributable to the exemption of the
  275  business named in the ordinance;
  276         (c) The period of time for which the exemption will remain
  277  in effect and the expiration date of the exemption, which may be
  278  any period of time up to 10 years; and
  279         (d) A finding that the business named in the ordinance
  280  meets the requirements of s. 196.012(15) or (16).
  281         (12) Upon approval of an application for a tax exemption
  282  under this section, the board of county commissioners or the
  283  governing authority of the municipality and the applicant may
  284  enter into a written tax exemption agreement, which may include
  285  performance criteria and must be consistent with the
  286  requirements of this section or other applicable laws. The
  287  agreement must require the applicant to report at a specific
  288  time before the expiration of the exemption the actual number of
  289  new, full-time jobs created and their actual average wage. The
  290  agreement may provide the board of county commissioners or the
  291  governing authority of the municipality with authority to
  292  revoke, in whole or in part, the exemption if the applicant
  293  fails to meet the expectations and representations described in
  294  subsection (8).
  295         Section 3. This act shall take effect July 1, 2011, and
  296  shall apply only to exemptions from ad valorem taxation granted
  297  pursuant to referenda held on or after July 1, 2011, under the
  298  provisions of s. 196.1995(1), Florida Statutes.
  299  
  300  ================= T I T L E  A M E N D M E N T ================
  301         And the title is amended as follows:
  302         Delete everything before the enacting clause
  303  and insert:
  304                        A bill to be entitled                      
  305         An act relating to economic development; amending s.
  306         196.012, F.S.; revising the definitions of the terms
  307         “new business” and “expansion of an existing
  308         business”; providing for an average wage of a new job;
  309         providing eligibility for target industry businesses;
  310         amending s. 196.1995, F.S.; authorizing the board of
  311         county commissioners of a charter county to call and
  312         hold a referendum to determine whether to grant
  313         economic development ad valorem tax exemptions if in
  314         receipt of a petition or initiative signed by a
  315         percentage of electors as required by the county
  316         charter; revising the language of ballot questions
  317         relating to the authority to grant economic
  318         development tax exemptions; specifying additional
  319         information that must be included in a written
  320         application requesting adoption of an ordinance
  321         granting an economic development ad valorem tax
  322         exemption; specifying factors for a board of county
  323         commissioners or governing authority of a municipality
  324         to consider when deciding whether to approve or reject
  325         applications for economic development tax exemptions;
  326         limiting the allowable duration of an economic
  327         development tax exemption granted by a county or
  328         municipal ordinance; authorizing written tax exemption
  329         agreements consistent with this act upon approval of a
  330         tax exemption application; specifying that the written
  331         tax agreement must require the applicant to report
  332         certain information at a specific time before
  333         expiration of the exemption; authorizing the board of
  334         county commissioners or the governing authority of the
  335         municipality to revoke, in whole or in part, the
  336         exemption under certain circumstances; limiting
  337         application of the act to certain ad valorem tax
  338         exemptions granted pursuant to referenda held on or
  339         after the act’s effective date; providing an effective
  340         date.