Florida Senate - 2012                                    SB 1616
       
       
       
       By Senator Siplin
       
       
       
       
       19-01443-12                                           20121616__
    1                        A bill to be entitled                      
    2         An act relating to tax exemptions for building
    3         materials; amending s. 212.08, F.S.; providing that a
    4         copy of any valid permit issued by the county or
    5         municipal building department for rehabilitation of
    6         real property in an enterprise zone satisfies the
    7         requirement that a valid permit be included as part of
    8         an application for a refund of the sales and use tax
    9         on building materials; clarifying that the exemption
   10         for building materials used in an enterprise zone
   11         applies to the use tax and not just the sales tax;
   12         revising the definition of the term “building
   13         materials” to expand the scope of the sales or use tax
   14         exemption to include building materials that become a
   15         component part of housing project or mixed-use project
   16         developments; revising the definition of the term
   17         “housing project” to include the conversion of other
   18         buildings for purposes of redevelopment; revising the
   19         definition of the term “mixed-use project” to include
   20         the conversion of other buildings for purposes of
   21         redevelopment and expand the required square footage
   22         set aside by the developer to include certain housing
   23         construction in a designated brownfield area;
   24         clarifying that the exemption for building materials
   25         in redevelopment projects applies to the use tax and
   26         not just the sales tax; specifying that copies of
   27         other documents reflecting payment of the sales or use
   28         tax, not just invoices evidencing payment of the tax,
   29         satisfy certain requirements relating to the filing of
   30         an application for refund of sales or use tax paid on
   31         building materials in redevelopment projects;
   32         providing an effective date.
   33  
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Paragraphs (g) and (o) of subsection (5) of
   37  section 212.08, Florida Statutes, are amended to read:
   38         212.08 Sales, rental, use, consumption, distribution, and
   39  storage tax; specified exemptions.—The sale at retail, the
   40  rental, the use, the consumption, the distribution, and the
   41  storage to be used or consumed in this state of the following
   42  are hereby specifically exempt from the tax imposed by this
   43  chapter.
   44         (5) EXEMPTIONS; ACCOUNT OF USE.—
   45         (g) Building materials used in the rehabilitation of real
   46  property located in an enterprise zone.—
   47         1. Building materials used in the rehabilitation of real
   48  property located in an enterprise zone are exempt from the tax
   49  imposed by this chapter upon an affirmative showing to the
   50  satisfaction of the department that the items have been used for
   51  the rehabilitation of real property located in an enterprise
   52  zone. Except as provided in subparagraph 2., this exemption
   53  inures to the owner, lessee, or lessor at the time the real
   54  property is rehabilitated, but only through a refund of
   55  previously paid taxes. To receive a refund pursuant to this
   56  paragraph, the owner, lessee, or lessor of the rehabilitated
   57  real property must file an application under oath with the
   58  governing body or enterprise zone development agency having
   59  jurisdiction over the enterprise zone where the business is
   60  located, as applicable. A single application for a refund may be
   61  submitted for multiple, contiguous parcels that were part of a
   62  single parcel that was divided as part of the rehabilitation of
   63  the property. All other requirements of this paragraph apply to
   64  each parcel on an individual basis. The application must
   65  include:
   66         a. The name and address of the person claiming the refund.
   67         b. An address and assessment roll parcel number of the
   68  rehabilitated real property for which a refund of previously
   69  paid taxes is being sought.
   70         c. A description of the improvements made to accomplish the
   71  rehabilitation of the real property.
   72         d. A copy of a valid building permit issued by the county
   73  or municipal building department for the rehabilitation of the
   74  real property.
   75         e. A sworn statement, under penalty of perjury, from the
   76  general contractor licensed in this state with whom the
   77  applicant contracted to make the improvements necessary to
   78  rehabilitate the real property, which lists the building
   79  materials used to rehabilitate the real property, the actual
   80  cost of the building materials, and the amount of sales or use
   81  tax paid in this state on the building materials. If a general
   82  contractor was not used, the applicant, not a general
   83  contractor, shall make the sworn statement required by this sub
   84  subparagraph. Copies of the invoices that evidence the purchase
   85  of the building materials used in the rehabilitation and the
   86  payment of sales or use tax on the building materials must be
   87  attached to the sworn statement provided by the general
   88  contractor or by the applicant. Unless the actual cost of
   89  building materials used in the rehabilitation of real property
   90  and the payment of sales or use taxes is documented by a general
   91  contractor or by the applicant in this manner, the cost of the
   92  building materials is deemed to be an amount equal to 40 percent
   93  of the increase in assessed value for ad valorem tax purposes.
   94         f. The identifying number assigned pursuant to s. 290.0065
   95  to the enterprise zone in which the rehabilitated real property
   96  is located.
   97         g. A certification by the local building code inspector
   98  that the improvements necessary to rehabilitate the real
   99  property are substantially completed.
  100         h. A statement of whether the business is a small business
  101  as defined by s. 288.703.
  102         i. If applicable, the name and address of each permanent
  103  employee of the business, including, for each employee who is a
  104  resident of an enterprise zone, the identifying number assigned
  105  pursuant to s. 290.0065 to the enterprise zone in which the
  106  employee resides.
  107         2. This exemption inures to a municipality, county, other
  108  governmental unit or agency, or nonprofit community-based
  109  organization through a refund of previously paid taxes if the
  110  building materials used in the rehabilitation are paid for from
  111  the funds of a community development block grant, State Housing
  112  Initiatives Partnership Program, or similar grant or loan
  113  program. To receive a refund, a municipality, county, other
  114  governmental unit or agency, or nonprofit community-based
  115  organization must file an application that includes the same
  116  information required in subparagraph 1. In addition, the
  117  application must include a sworn statement signed by the chief
  118  executive officer of the municipality, county, other
  119  governmental unit or agency, or nonprofit community-based
  120  organization seeking a refund which states that the building
  121  materials for which a refund is sought were funded by a
  122  community development block grant, State Housing Initiatives
  123  Partnership Program, or similar grant or loan program.
  124         3. Within 10 working days after receipt of an application,
  125  the governing body or enterprise zone development agency shall
  126  review the application to determine if it contains all the
  127  information required by subparagraph 1. or subparagraph 2. and
  128  meets the criteria set out in this paragraph. The governing body
  129  or agency shall certify all applications that contain the
  130  required information and are eligible to receive a refund. If
  131  applicable, the governing body or agency shall also certify if
  132  20 percent of the employees of the business are residents of an
  133  enterprise zone, excluding temporary and part-time employees.
  134  The certification must be in writing, and a copy of the
  135  certification shall be transmitted to the executive director of
  136  the department. The applicant is responsible for forwarding a
  137  certified application to the department within the time
  138  specified in subparagraph 4.
  139         4. An application for a refund must be submitted to the
  140  department within 6 months after the rehabilitation of the
  141  property is deemed to be substantially completed by the local
  142  building code inspector or by November 1 after the rehabilitated
  143  property is first subject to assessment.
  144         5. Only one exemption through a refund of previously paid
  145  taxes for the rehabilitation of real property is permitted for
  146  any single parcel of property unless there is a change in
  147  ownership, a new lessor, or a new lessee of the real property. A
  148  refund may not be granted unless the amount to be refunded
  149  exceeds $500. A refund may not exceed the lesser of 97 percent
  150  of the Florida sales or use tax paid on the cost of the building
  151  materials used in the rehabilitation of the real property as
  152  determined pursuant to sub-subparagraph 1.e. or $5,000, or, if
  153  at least 20 percent of the employees of the business are
  154  residents of an enterprise zone, excluding temporary and part
  155  time employees, the amount of refund may not exceed the lesser
  156  of 97 percent of the sales or use tax paid on the cost of the
  157  building materials or $10,000. A refund shall be made within 30
  158  days after formal approval by the department of the application
  159  for the refund.
  160         6. The department shall adopt rules governing the manner
  161  and form of refund applications and may establish guidelines as
  162  to the requisites for an affirmative showing of qualification
  163  for exemption under this paragraph.
  164         7. The department shall deduct an amount equal to 10
  165  percent of each refund granted under this paragraph from the
  166  amount transferred into the Local Government Half-cent Sales Tax
  167  Clearing Trust Fund pursuant to s. 212.20 for the county area in
  168  which the rehabilitated real property is located and shall
  169  transfer that amount to the General Revenue Fund.
  170         8. For the purposes of the exemption provided in this
  171  paragraph, the term:
  172         a. “Building materials” means tangible personal property
  173  that becomes a component part of improvements to real property.
  174         b. “Real property” has the same meaning as provided in s.
  175  192.001(12), except that the term does not include a condominium
  176  parcel or condominium property as defined in s. 718.103.
  177         c. “Rehabilitation of real property” means the
  178  reconstruction, renovation, restoration, rehabilitation,
  179  construction, or expansion of improvements to real property.
  180         d. “Substantially completed” has the same meaning as
  181  provided in s. 192.042(1).
  182         9. This paragraph expires on the date specified in s.
  183  290.016 for the expiration of the Florida Enterprise Zone Act.
  184         (o) Building materials in redevelopment projects.—
  185         1. As used in this paragraph, the term:
  186         a. “Building materials” means tangible personal property
  187  that becomes a component part of a housing project or a mixed
  188  use project developments.
  189         b. “Housing project” means the conversion of an existing
  190  manufacturing, or industrial, or other building to housing units
  191  in an urban high-crime area, enterprise zone, empowerment zone,
  192  Front Porch Community, designated brownfield area, or urban
  193  infill area and in which the developer agrees to set aside at
  194  least 20 percent of the housing units in the project for low
  195  income and moderate-income persons or the construction in a
  196  designated brownfield area of affordable housing for persons
  197  described in s. 420.0004(9), (11), (12), or (17) or in s.
  198  159.603(7).
  199         c. “Mixed-use project” means the conversion of an existing
  200  manufacturing, or industrial, or other building to mixed-use
  201  units that include artists’ studios, art and entertainment
  202  services, or other compatible uses. A mixed-use project must be
  203  located in an urban high-crime area, enterprise zone,
  204  empowerment zone, Front Porch Community, designated brownfield
  205  area, or urban infill area, and the developer must agree to set
  206  aside at least 20 percent of the square footage of the project
  207  for low-income and moderate-income housing or the construction
  208  in a designated brownfield area of a mixed-use project housing
  209  for persons or occupants of units described in s. 420.0004(8),
  210  (10), (11), or (15) or s. 159.603(7).
  211         d. “Substantially completed” has the same meaning as
  212  provided in s. 192.042(1).
  213         2. Building materials used in the construction of a housing
  214  project or mixed-use project are exempt from the tax imposed by
  215  this chapter upon an affirmative showing to the satisfaction of
  216  the department that the requirements of this paragraph have been
  217  met. This exemption inures to the owner through a refund of
  218  previously paid taxes. To receive this refund, the owner must
  219  file an application under oath with the department which
  220  includes:
  221         a. The name and address of the owner.
  222         b. The address and assessment roll parcel number of the
  223  project for which a refund is sought.
  224         c. A copy of the building permit issued for the project.
  225         d. A certification by the local building code inspector
  226  that the project is substantially completed.
  227         e. A sworn statement, under penalty of perjury, from the
  228  general contractor licensed in this state with whom the owner
  229  contracted to construct the project, which statement lists the
  230  building materials used in the construction of the project and
  231  the actual cost thereof, and the amount of sales or use tax paid
  232  on these materials. If a general contractor was not used, the
  233  owner shall provide this information in a sworn statement, under
  234  penalty of perjury. Copies of invoices evidencing or other
  235  documents reflecting payment of sales or use tax must be
  236  attached to the sworn statement.
  237         3. An application for a refund under this paragraph must be
  238  submitted to the department within 6 months after the date the
  239  project is deemed to be substantially completed by the local
  240  building code inspector. Within 30 working days after receipt of
  241  the application, the department shall determine if it meets the
  242  requirements of this paragraph. A refund approved pursuant to
  243  this paragraph shall be made within 30 days after formal
  244  approval of the application by the department.
  245         4. The department shall establish by rule an application
  246  form and criteria for establishing eligibility for exemption
  247  under this paragraph.
  248         5. The exemption shall apply to purchases of materials on
  249  or after July 1, 2000.
  250         Section 2. This act shall take effect July 1, 2012.