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House Bill 1763

Florida House of Representatives - 1997 HB 1763 By Representative Harrington 1 A bill to be entitled 2 An act relating to sales tax exemptions; 3 amending s. 212.08, F.S.; providing an 4 exemption from the tax on sales, use, and other 5 transactions for building materials used in 6 constructing the facilities of an expanding 7 major employer; providing for the exemption to 8 inure to the employer through a refund of 9 previously paid taxes; specifying requirements 10 for qualifying for the tax refund; providing 11 for an amount equal to a specified percent of 12 the refund to be deducted from the Local 13 Government Half-cent Sales Tax Clearing Trust 14 Fund and transferred to the General Revenue 15 Fund; authorizing the Department of Revenue to 16 adopt rules to administer the tax refunds; 17 providing definitions; providing for 18 application of the refund; requiring that an 19 employer contract with the Department of Labor 20 and Employment Security to employ participants 21 in the WAGES Program as a condition of 22 receiving the tax refund; requiring that the 23 employer repay the tax refund upon failure to 24 employ the required number of WAGES Program 25 participants; providing an effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Subsection (17) is added to section 212.08, 30 Florida Statutes, 1996 Supplement, to read: 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1763 581-111-97 1 212.08 Sales, rental, use, consumption, distribution, 2 and storage tax; specified exemptions.--The sale at retail, 3 the rental, the use, the consumption, the distribution, and 4 the storage to be used or consumed in this state of the 5 following are hereby specifically exempt from the tax imposed 6 by this part. 7 (17) EXEMPTION; EXPANDING INFRASTRUCTURE OF MAJOR 8 EMPLOYERS.-- 9 (a)1. Building materials used in constructing the 10 facilities of an expanding major employer are exempt from the 11 tax imposed by this chapter upon an affirmative showing by the 12 employer to the satisfaction of the department that the 13 building materials were in fact used in constructing the 14 facility. The exemption provided by this subsection shall 15 inure to the expanding major employer through a refund of 16 previously paid taxes. 17 2.a. To qualify for a refund under this subsection, 18 the expanding major employer must meet the requirements of s. 19 212.095 and submit a sworn statement, under penalty of 20 perjury, from the general contractor licensed in this state 21 with whom the employer contracted to construct the facility, 22 which lists the building materials used in constructing the 23 facility, the actual cost of the building materials, and the 24 amount of sales tax paid in this state on the building 25 materials. If a general contractor was not used, the employer 26 shall provide this information in a sworn statement, under 27 penalty of perjury. The general contractor or employer shall 28 attach to the sworn statement a copy of each invoice or 29 request for payment as evidence of the purchase of building 30 materials used in constructing the facility and the payment of 31 sales tax on the building materials. 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1763 581-111-97 1 b. Unless the actual cost of building materials used 2 in constructing the facility of an expanding major employer 3 and the payment of sales taxes due thereon is documented by 4 the general contractor or the employer in the manner provided 5 in sub-subparagraph a., the cost of the building materials 6 shall be an amount equal to 40 percent of the increase in 7 assessed value for ad valorem tax purposes. 8 c. The department shall deduct an amount equal to 10 9 percent of each refund granted under this subsection from the 10 amount transferred into the Local Government Half-cent Sales 11 Tax Clearing Trust Fund under s. 212.20 for the county in 12 which the real property is located and shall transfer that 13 amount to the General Revenue Fund. 14 3. The department may adopt rules for administering 15 the application for the tax refund under this subsection and 16 may establish the requisites for an affirmative showing of 17 qualification for the tax refund. 18 (b) As used in this subsection, the term: 19 1. "Building materials" means tangible personal 20 property that becomes a component part of improvements to real 21 property. 22 2. "Expanding major employer" means an employer that: 23 a. Constructs significant additions to its facilities 24 and increases the total employment of full-time equivalent 25 employees of the employer, or of any contractor or 26 subcontractor of the employer, who work within the grounds of 27 the facilities by a minimum of 2,500 employees over 3 years; 28 and 29 b. Currently employs at the real estate subject to 30 development and located within one or more counties in this 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1763 581-111-97 1 state, either directly or indirectly, a minimum of 4,000 2 permanent and temporary employees. 3 4 The term includes, but is not limited to, all corporations, 5 limited liability companies, business trusts or associations, 6 real estate investment trusts, common law trusts, 7 unincorporated businesses, general partnerships, limited 8 partnerships, and any other entities of which at least 50 9 percent are owned directly or indirectly by the same persons. 10 3. "Facility" means all improvements to real property, 11 including, but not limited to, all buildings, special-purpose 12 structures, roads, bridges, pavement, sidewalks, lighting, 13 fencing, pools, lakes, and lagoons. 14 (c) The tax refund provided in this subsection applies 15 to building materials purchased on or after July 1, 1997. In 16 addition, the expanding major employer must obtain a refund 17 permit issued under s. 212.095 for purchases that occur before 18 July 1, 2005. 19 (d) In addition to all other requirements, to qualify 20 for the tax refund provided under this subsection, the 21 expanding major employer must enter into a contract with the 22 Department of Labor and Employment Security and register with 23 the WAGES Program Business Registry established by the local 24 WAGES coalition for the area in which the employer is located. 25 The contract must require that the employer hire participants 26 in the WAGES Program, to the maximum extent possible, and 27 appropriately monitor and train such employees. In each of the 28 5 years following receipt of the refund, the expanding major 29 employer must employ the maximum number of WAGES Program 30 participants which can be employed by the employer, as 31 determined by the employer's good-faith efforts, work-force 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1763 581-111-97 1 availability, and suitability of jobs, and in keeping with the 2 employer's minimum standards of employment, as provided in the 3 contract with the Department of Labor and Employment Security. 4 An expanding major employer may contract to employ fewer WAGES 5 Program participants if the employer demonstrates to the 6 satisfaction of the department that due to the nature of its 7 business, the requirement to hire the number of participants 8 specified by the department is unrealistic. 9 (e) If the employer fails to increase employment 10 necessary to qualify for the tax refund within the allotted 11 time or fails to employ the required number of WAGES Program 12 participants, the employer must repay all or an appropriate 13 portion of the refunded sales taxes. 14 Section 2. This act shall take effect July 1, 1997. 15 16 ***************************************** 17 SENATE SUMMARY 18 Provides a sales tax exemption for building materials used in constructing the facilities of an expanding major 19 employer. Provides for the tax exemption to be in the form of a refund of previously paid taxes. Provides 20 requirements for qualifying for the tax refund and documenting the cost of building materials. Provides for 21 an amount equal to 10 percent of each refund granted to be transferred from the Local Government Half-cent Sales 22 Tax Clearing Trust Fund to the General Revenue Fund. Authorizes the Department of Revenue to adopt rules for 23 administering the tax refund. Requires that an employer contract with the Department of Labor and Employment 24 Security to employ participants in the WAGES Program in order to qualify for the tax refund. Requires an employer 25 that fails to employ the required number of WAGES Program participants to repay all or an appropriate portion of 26 the refunded sales taxes. 27 28 29 30 31 5