Florida Senate - 2015 SB 900 By Senator Abruzzo 25-00213-15 2015900__ 1 A bill to be entitled 2 An act relating to economic development; creating s. 3 212.099, F.S.; establishing the Restaurant and Hotel 4 Renovation Tax Refund Program; defining terms; 5 providing policies and procedures for the review and 6 approval of applications; requiring the Department of 7 Economic Opportunity to verify renovation project 8 costs and the incremental sales tax revenue increases 9 for approved applicants; prescribing limitations with 10 respect to tax refund amounts; requiring the 11 Department of Revenue to remit tax refund payments 12 upon certification; requiring the Department of 13 Economic Opportunity to cease certifying tax refund 14 amounts under specified conditions; authorizing the 15 Department of Economic Opportunity and the Department 16 of Revenue to adopt rules; providing an effective 17 date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 212.099, Florida Statutes, is created to 22 read: 23 212.099 Restaurant and Hotel Renovation Tax Refund 24 Program.— 25 (1) DEFINITIONS.—As used in this section, the term: 26 (a) “Approved applicant” means a person, sole 27 proprietorship, firm, partnership, or corporation approved by 28 the Department of Economic Opportunity for a specific hotel or 29 restaurant renovation project. 30 (b) “Approved project costs” means the costs of a 31 renovation project incurred by a qualified applicant and 32 approved by the Department of Economic Opportunity which are 33 verified by an independent, third-party, certified public 34 accountant licensed under chapter 473 who is retained by the 35 applicant. 36 (c) “Eligible business” means a person, sole 37 proprietorship, firm, partnership, or corporation that operates 38 a hotel or restaurant and undertakes a qualifying project. 39 (d) “Hotel” has the same meaning as the term “transient 40 public lodging establishment,” as defined in s. 509.013. 41 (e) “Incremental sales tax revenue increase” means the 42 difference between the average annual sales and use taxes 43 remitted by the approved applicant or the previous business 44 operator at the project location in the 3 years prior to its 45 scheduled completion date and the annual sales and use taxes 46 remitted by the approved applicant after completion of the 47 renovation project. 48 (f) “Qualifying project” means one of the following: 49 1. For a hotel, the expenditure of at least $2 million for 50 the renovation of guest rooms, suites, or common areas, 51 including at least $10,000 per guest room or per suite. The 52 renovation may include improvements of signage, building 53 facades, and landscaping. 54 2. For a restaurant, the expenditure of at least $100,000 55 for the renovation of dining areas, restrooms, kitchens, and 56 common areas, including at least $10,000 for the renovation of 57 kitchens or other areas of the restaurant which are used 58 primarily for the preparation of food. The renovation may 59 include improvements of signage, building facades, and 60 landscaping. 61 (g) “Renovation” means the restoration, modernization, 62 refurbishment, rehabilitation, remodeling, or improvement of an 63 existing hotel or restaurant. The term does not include the 64 construction of a new structure designed to accommodate a hotel 65 or restaurant. 66 (h) “Restaurant” has the same meaning as the term “public 67 food service establishment,” as defined in s. 509.013. 68 (2) APPLICATION PROCESS.—An eligible business that wishes 69 to seek a refund of taxes paid shall submit a refund application 70 to the Department of Economic Opportunity. If the eligible 71 business has not been operating at the project location for at 72 least 3 years, the application must be accompanied by records 73 that document the average annual sales and use tax remitted by 74 any other business that operated at the project location during 75 that 3-year period. 76 (a) The application must include: 77 1. A detailed description of the proposed renovation, 78 including an estimated completion date. 79 2. Estimated costs of the proposed renovation. 80 3. Documentation specifying the amount of annual sales and 81 use taxes remitted by the eligible business at the location of 82 the proposed renovation project for the previous 3 years. 83 4. An estimate of the incremental increase in sales tax 84 revenue attributable to the proposed renovation. 85 (b) The Department of Economic Opportunity shall review 86 each application within 60 days after receipt to determine 87 whether the applicant is an eligible business and whether the 88 renovation is a qualifying project. The Department of Economic 89 Opportunity shall approve all applications that meet the 90 requirements established under this section for eligibility and 91 qualification. Upon approval of an application, the Department 92 of Economic Opportunity shall issue a certificate to the 93 applicant which authorizes it to participate in the tax refund 94 program. 95 (3) PAYMENT OF TAX REFUNDS.— 96 (a) An approved applicant that wishes to receive a tax 97 refund shall submit documentation of any incremental sales tax 98 revenue increase to the Department of Economic Opportunity. An 99 approved applicant may only submit one tax refund request per 100 calendar year. The Department of Economic Opportunity shall 101 verify that the approved applicant has incurred the approved 102 project costs related to the qualifying project and the amount 103 of the incremental sales tax revenue increase. Upon 104 verification, the Department of Economic Opportunity shall 105 certify to the Department of Revenue a refund amount to be paid 106 to the approved applicant. The refund amount may not exceed 50 107 percent of the incremental sales tax revenue increase. Upon 108 certification of the refund amount, the Department of Revenue 109 shall remit the refund to the approved applicant within 30 days. 110 (b) The aggregate amount of refund payments that an 111 approved applicant receives may not exceed 20 percent of the 112 project costs incurred by the approved applicant. Expansions, 113 enlargements, or additional improvements made by an approved 114 applicant which exceed the project plans detailed in the 115 approved application do not increase authorized tax refund 116 payments certified by the Department of Economic Opportunity. 117 (c) The Department of Economic Opportunity shall cease 118 certifying tax refund amounts to the Department of Revenue for 119 an approved applicant when the aggregate amount of 20 percent of 120 the total approved project costs incurred by the approved 121 applicant has been fully recovered through refund payments. 122 (4) RULES.—The Department of Economic Opportunity and the 123 Department of Revenue may adopt rules to implement and 124 administer this section, including rules relating to the forms 125 required to claim a refund under this section, the required 126 documentation and basis for establishing eligibility for a 127 refund, and the procedures and guidelines for claiming a refund. 128 Section 2. This act shall take effect July 1, 2015.