Senate Bill 1406

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    Florida Senate - 2000                                  SB 1406

    By Senator Latvala





    19-726A-00

  1                      A bill to be entitled

  2         An act relating to brownfield financial

  3         incentives; amending s. 197.432, F.S.;

  4         conforming statutory cross-references; amending

  5         s. 197.502, F.S.; authorizing local governments

  6         to file tax deed applications in a specified

  7         manner; amending s. 197.522, F.S.; conforming a

  8         statutory cross-reference; amending s.

  9         199.1055, F.S.; broadening the contaminated

10         site rehabilitation tax credit against the

11         intangible personal property tax to include in

12         the preapproved advanced cleanup program

13         petroleum-contaminated sites and other

14         contaminated sites at which cleanup is

15         undertaken pursuant to a voluntary

16         rehabilitation agreement with the Department of

17         Environmental Protection under certain

18         circumstances; amending s. 212.08, F.S.;

19         providing an exemption from the sales and use

20         tax for building materials used in the

21         rehabilitation of real property located in a

22         designated brownfield area; providing an

23         exemption from the sales and use tax for

24         business property purchased for use by

25         businesses located in a designated brownfield

26         area; amending s. 212.096, F.S.; providing for

27         a brownfield area jobs credit against the sales

28         and use tax; amending s. 220.181, F.S.;

29         providing for a designated brownfield area jobs

30         credit against the corporate income tax;

31         amending s. 220.182, F.S.; providing for a

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  1         designated brownfield area property tax credit

  2         against the corporate income tax; amending s.

  3         220.183, F.S.; providing a partial credit

  4         against the corporate income tax for community

  5         contributions that benefit designated

  6         brownfield areas; amending s. 220.1845, F.S.;

  7         broadening the contaminated site rehabilitation

  8         tax credit against the corporate income tax to

  9         include in the preapproved advanced cleanup

10         program petroleum-contaminated sites and other

11         contaminated sites at which cleanup is

12         undertaken pursuant to a voluntary

13         rehabilitation agreement with the Department of

14         Environmental Protection under certain

15         circumstances; amending s. 290.007, F.S.;

16         providing for state incentives in designated

17         brownfield areas; creating s. 376.30702, F.S.;

18         creating the Florida State-Owned-Lands Cleanup

19         Program; providing intent; directing the

20         Department of Environmental Protection to use

21         existing site priority ranking and cleanup

22         criteria; establishing liability protection;

23         amending s. 376.30781, F.S.; broadening the

24         partial tax credits for the rehabilitation of

25         certain contaminated sites; clarifying

26         provisions regarding the filing for the tax

27         credits; amending s. 376.84, F.S.; authorizing

28         entities approved by the local government for

29         the purpose of redeveloping brownfield areas to

30         use tax increment financing; amending s.

31         376.86, F.S.; increasing the limits of the

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  1         state loan guaranty in brownfield areas;

  2         creating s. 376.876, F.S.; providing for a

  3         Brownfield Redevelopment Grants Program in the

  4         Department of Environmental Protection;

  5         specifying the uses of grant funds; requiring

  6         matching funds; authorizing the department to

  7         adopt rules; providing appropriations;

  8         providing an effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  Subsection (4) of section 197.432, Florida

13  Statutes, is amended to read:

14         197.432  Sale of tax certificates for unpaid taxes.--

15         (4)  A tax certificate representing less than $100 in

16  delinquent taxes on property that has been granted a homestead

17  exemption for the year in which the delinquent taxes were

18  assessed may not be sold at public auction but shall be issued

19  by the tax collector to the county at the maximum rate of

20  interest allowed by this chapter.  The provisions of s.

21  197.502(4) s. 197.502(3) shall not be invoked as long as the

22  homestead exemption is granted to the person who received the

23  homestead exemption for the year in which the tax certificate

24  was issued. However, when all such tax certificates and

25  accrued interest thereon represent an amount of $100 or more,

26  the provisions of s. 197.502(4) s. 197.502(3) shall be

27  invoked.

28         Section 2.  Present subsections (2), (3), (4), (5),

29  (6), (7), (8), (9), (10), and (11) of section 197.502, Florida

30  Statutes, are redesignated as subsections (3), (4), (5), (6),

31

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  1  (7), (8), (9), (10), (11), and (12), respectively, and a new

  2  subsection (2) is added to that section to read:

  3         197.502  Application for obtaining tax deed by holder

  4  of tax sale certificate; fees.--

  5         (2)  When a tax certificate that is 2 years old or

  6  older exists against a parcel that has been declared a

  7  brownfield site under s. 376.80, the municipality or county

  8  may file a tax deed application in the same manner in which an

  9  application on a county-held tax certificate is filed and

10  processed under chapter 197.

11         Section 3.  Paragraph (a) of subsection (1) of section

12  197.522, Florida Statutes, is amended to read:

13         197.522  Notice to owner when application for tax deed

14  is made.--

15         (1)(a)  The clerk of the circuit court shall notify, by

16  certified mail with return receipt requested or by registered

17  mail if the notice is to be sent outside the continental

18  United States, the persons listed in the tax collector's

19  statement pursuant to s. 197.502(5) s. 197.502(4) that an

20  application for a tax deed has been made.  Such notice shall

21  be mailed at least 20 days prior to the date of sale. If no

22  address is listed in the tax collector's statement, then no

23  notice shall be required.

24         Section 4.  Subsection (1) of section 199.1055, Florida

25  Statutes, is amended to read:

26         199.1055  Contaminated site rehabilitation tax

27  credit.--

28         (1)  AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.--

29         (a)  A credit in the amount of 35 percent of the costs

30  of voluntary cleanup activity that is integral to site

31  rehabilitation at the following sites is allowed against any

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  1  tax due for a taxable year under s. 199.032, less any credit

  2  allowed by s. 220.68 for that year:

  3         1.  A drycleaning-solvent-contaminated site eligible

  4  for state-funded site rehabilitation under s. 376.3078(3);

  5         2.  A drycleaning-solvent-contaminated site at which

  6  cleanup is undertaken by the real property owner pursuant to

  7  s. 376.3078(11), if the real property owner is not also, and

  8  has never been, the owner or operator of the drycleaning

  9  facility where the contamination exists; or

10         3.  A brownfield site in a designated brownfield area

11  under s. 376.80; or.

12         4.  Any other contaminated site at which the property

13  owner did not cause or contribute to the contamination and for

14  which cleanup is undertaken under a voluntary rehabilitation

15  agreement approved by the Department of Environmental

16  Protection.

17         (b)  For all applications received by January 15, if,

18  as of the following March 1, the credits granted under

19  paragraph (a) do not exhaust the annual maximum allowable

20  credits under paragraph (h), any remaining credits may be

21  granted for petroleum-contaminated sites at which cleanups are

22  being conducted under the preapproved advanced cleanup program

23  authorized in s. 376.30713(4), but only up to the amount of

24  private funding involved in the site-cleanup activity. Tax

25  credit applications submitted for petroleum-contaminated sites

26  may not be included in the carry-forward provision of s.

27  376.30781(9), which otherwise allows applications that do not

28  receive credits due to an exhaustion of the annual tax credit

29  authorization to be carried forward in the same order for the

30  next year's annual tax credit allocation, if any, based on the

31  prior year's application.

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  1         (c)(b)  A taxpayer, or multiple taxpayers working

  2  jointly to clean up a single site, may not receive more than

  3  $250,000 per year in tax credits for each site voluntarily

  4  rehabilitated. Multiple taxpayers shall receive tax credits in

  5  the same proportion as their contribution to payment of

  6  cleanup costs. Subject to the same conditions and limitations

  7  as provided in this section, a municipality or county which

  8  voluntarily rehabilitates a site may receive not more than

  9  $250,000 per year in tax credits which it can subsequently

10  transfer subject to the provisions in paragraph (g).

11         (d)(c)  If the credit granted under this section is not

12  fully used in any one year because of insufficient tax

13  liability on the part of the taxpayer, the unused amount may

14  be carried forward for a period not to exceed 5 years.

15         (e)(d)  A taxpayer that receives a credit under s.

16  220.1845 is ineligible to receive credit under this section in

17  a given tax year.

18         (f)(e)  A taxpayer that receives state-funded site

19  rehabilitation pursuant to s. 376.3078(3) for rehabilitation

20  of a drycleaning-solvent-contaminated site is ineligible to

21  receive credit under this section for costs incurred by the

22  taxpayer in conjunction with the rehabilitation of that site

23  during the same time period that state-administered site

24  rehabilitation was underway.

25         (g)(f)  The total amount of the tax credits which may

26  be granted under this section and s. 220.1845 is $2 million

27  annually.

28         (h)(g)1.  Tax credits that may be available under this

29  section to an entity eligible under s. 376.30781 may be

30  transferred after a merger or acquisition to the surviving or

31

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  1  acquiring entity and used in the same manner with the same

  2  limitations.

  3         2.  The entity or its surviving or acquiring entity as

  4  described in subparagraph 1., may transfer any unused credit

  5  in whole or in units of no less than 25 percent of the

  6  remaining credit.  The entity acquiring such credit may use it

  7  in the same manner and with the same limitation as described

  8  in this section. Such transferred credits may not be

  9  transferred again although they may succeed to a surviving or

10  acquiring entity subject to the same conditions and

11  limitations as described in this section.

12         3.  In the event the credit provided for under this

13  section is reduced either as a result of a determination by

14  the Department of Environmental Protection or an examination

15  or audit by the Department of Revenue, such tax deficiency

16  shall be recovered from the first entity, or the surviving or

17  acquiring entity, to have claimed such credit up to the amount

18  of credit taken.  Any subsequent deficiencies shall be

19  assessed against any entity acquiring and claiming such

20  credit, or in the case of multiple succeeding entities in the

21  order of credit succession.

22         (i)(h)  In order to encourage completion of site

23  rehabilitation at contaminated sites being voluntarily cleaned

24  up and eligible for a tax credit under this section, the

25  taxpayer may claim an additional 10 percent of the total

26  cleanup costs, not to exceed $50,000, in the final year of

27  cleanup as evidenced by the Department of Environmental

28  Protection issuing a "No Further Action" order for that site.

29         Section 5.  Paragraphs (g) and (h) of subsection (5) of

30  section 212.08, Florida Statutes, are amended to read:

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  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 chapter.

  7         (5)  EXEMPTIONS; ACCOUNT OF USE.--

  8         (g)  Building materials used in the rehabilitation of

  9  real property located in an enterprise zone or designated

10  brownfield area.--

11         1.  Beginning July 1, 1995, building materials used in

12  the rehabilitation of real property located in an enterprise

13  zone, and, after July 1, 1997, in a designated brownfield area

14  under s. 376.80, shall be exempt from the tax imposed by this

15  chapter upon an affirmative showing to the satisfaction of the

16  department that the items have been used for the

17  rehabilitation of real property located in an enterprise zone

18  or designated brownfield area. Except as provided in

19  subparagraph 2., this exemption inures to the owner, lessee,

20  or lessor of the rehabilitated real property located in an

21  enterprise zone or designated brownfield area only through a

22  refund of previously paid taxes. To receive a refund pursuant

23  to this paragraph, the owner, lessee, or lessor of the

24  rehabilitated real property located in an enterprise zone or

25  designated brownfield area must file an application under oath

26  with the governing body or enterprise zone development agency

27  having jurisdiction over the enterprise zone or designated

28  brownfield area where the business is located, as applicable,

29  which includes:

30         a.  The name and address of the person claiming the

31  refund.

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  1         b.  An address and assessment roll parcel number of the

  2  rehabilitated real property in an enterprise zone or

  3  designated brownfield area for which a refund of previously

  4  paid taxes is being sought.

  5         c.  A description of the improvements made to

  6  accomplish the rehabilitation of the real property.

  7         d.  A copy of the building permit issued for the

  8  rehabilitation of the real property.

  9         e.  A sworn statement, under the penalty of perjury,

10  from the general contractor licensed in this state with whom

11  the applicant contracted to make the improvements necessary to

12  accomplish the rehabilitation of the real property, which

13  statement lists the building materials used in the

14  rehabilitation of the real property, the actual cost of the

15  building materials, and the amount of sales tax paid in this

16  state on the building materials. In the event that a general

17  contractor has not been used, the applicant shall provide this

18  information in a sworn statement, under the penalty of

19  perjury. Copies of the invoices which evidence the purchase of

20  the building materials used in such rehabilitation and the

21  payment of sales tax on the building materials shall be

22  attached to the sworn statement provided by the general

23  contractor or by the applicant. Unless the actual cost of

24  building materials used in the rehabilitation of real property

25  and the payment of sales taxes due thereon is documented by a

26  general contractor or by the applicant in this manner, the

27  cost of such building materials shall be an amount equal to 40

28  percent of the increase in assessed value for ad valorem tax

29  purposes.

30

31

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  1         f.  The identifying number assigned pursuant to s.

  2  290.0065 to the enterprise zone in which the rehabilitated

  3  real property is located.

  4         g.  A certification by the local building inspector

  5  that the improvements necessary to accomplish the

  6  rehabilitation of the real property are substantially

  7  completed.

  8         h.  Whether the business is a small business as defined

  9  by s. 288.703(1).

10         i.  If applicable, the name and address of each

11  permanent employee of the business, including, for each

12  employee who is a resident of an enterprise zone, the

13  identifying number assigned pursuant to s. 290.0065 to the

14  enterprise zone in which the employee resides.

15         2.  This exemption inures to a city, county, or other

16  governmental agency through a refund of previously paid taxes

17  if the building materials used in the rehabilitation of real

18  property located in an enterprise zone or designated

19  brownfield area are paid for from the funds of a community

20  development block grant or similar grant or loan program. To

21  receive a refund pursuant to this paragraph, a city, county,

22  or other governmental agency must file an application which

23  includes the same information required to be provided in

24  subparagraph 1. by an owner, lessee, or lessor of

25  rehabilitated real property. In addition, the application must

26  include a sworn statement signed by the chief executive

27  officer of the city, county, or other governmental agency

28  seeking a refund which states that the building materials for

29  which a refund is sought were paid for from the funds of a

30  community development block grant or similar grant or loan

31  program.

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  1         3.  Within 10 working days after receipt of an

  2  application, the governing body or enterprise zone development

  3  agency shall review the application to determine if it

  4  contains all the information required pursuant to subparagraph

  5  1. or subparagraph 2. and meets the criteria set out in this

  6  paragraph. The governing body or agency shall certify all

  7  applications that contain the information required pursuant to

  8  subparagraph 1. or subparagraph 2. and meet the criteria set

  9  out in this paragraph as eligible to receive a refund. If

10  applicable, the governing body or agency shall also certify if

11  20 percent of the employees of the business are residents of

12  an enterprise zone or designated brownfield area, excluding

13  temporary and part-time employees. The certification shall be

14  in writing, and a copy of the certification shall be

15  transmitted to the executive director of the Department of

16  Revenue. The applicant shall be responsible for forwarding a

17  certified application to the department within the time

18  specified in subparagraph 4.

19         4.  An application for a refund pursuant to this

20  paragraph must be submitted to the department within 6 months

21  after the rehabilitation of the property is deemed to be

22  substantially completed by the local building inspector.

23         5.  The provisions of s. 212.095 do not apply to any

24  refund application made pursuant to this paragraph. No more

25  than one exemption through a refund of previously paid taxes

26  for the rehabilitation of real property shall be permitted for

27  any one parcel of real property. No refund shall be granted

28  pursuant to this paragraph unless the amount to be refunded

29  exceeds $500. No refund granted pursuant to this paragraph

30  shall exceed the lesser of 97 percent of the Florida sales or

31  use tax paid on the cost of the building materials used in the

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  1  rehabilitation of the real property as determined pursuant to

  2  sub-subparagraph 1.e. or $5,000, or, if no less than 20

  3  percent of the employees of the business are residents of an

  4  enterprise zone or designated brownfield area, excluding

  5  temporary and part-time employees, the amount of refund

  6  granted pursuant to this paragraph shall not exceed the lesser

  7  of 97 percent of the sales tax paid on the cost of such

  8  building materials or $10,000. A refund approved pursuant to

  9  this paragraph shall be made within 30 days of formal approval

10  by the department of the application for the refund.

11         6.  The department shall adopt rules governing the

12  manner and form of refund applications and may establish

13  guidelines as to the requisites for an affirmative showing of

14  qualification for exemption under this paragraph.

15         7.  The department shall deduct an amount equal to 10

16  percent of each refund granted under the provisions of this

17  paragraph from the amount transferred into the Local

18  Government Half-cent Sales Tax Clearing Trust Fund pursuant to

19  s. 212.20 for the county area in which the rehabilitated real

20  property is located and shall transfer that amount to the

21  General Revenue Fund.

22         8.  For the purposes of the exemption provided in this

23  paragraph:

24         a.  "Building materials" means tangible personal

25  property that which becomes a component part of improvements

26  to real property.

27         b.  "Real property" has the same meaning as provided in

28  s. 192.001(12).

29         c.  "Rehabilitation of real property" means the

30  reconstruction, renovation, restoration, rehabilitation,

31  construction, or expansion of improvements to real property.

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  1         d.  "Substantially completed" has the same meaning as

  2  provided in s. 192.042(1).

  3         9.  The provisions of this paragraph shall expire and

  4  be void on December 31, 2005.

  5         (h)  Business property used in an enterprise zone or

  6  designated brownfield area.--

  7         1.  Beginning July 1, 1995, business property purchased

  8  for use by businesses located in an enterprise zone that which

  9  is subsequently used in an enterprise zone or, after July 1,

10  1997, in a designated brownfield area under s. 376.80, shall

11  be exempt from the tax imposed by this chapter. This exemption

12  inures to the business only through a refund of previously

13  paid taxes. A refund shall be authorized upon an affirmative

14  showing by the taxpayer to the satisfaction of the department

15  that the requirements of this paragraph have been met.

16         2.  To receive a refund, the business must file under

17  oath with the governing body or enterprise zone development

18  agency having jurisdiction over the enterprise zone where the

19  business is located, as applicable, an application which

20  includes:

21         a.  The name and address of the business claiming the

22  refund.

23         b.  The identifying number assigned pursuant to s.

24  290.0065 to the enterprise zone in which the business is

25  located.

26         c.  A specific description of the property for which a

27  refund is sought, including its serial number or other

28  permanent identification number.

29         d.  The location of the property.

30         e.  The sales invoice or other proof of purchase of the

31  property, showing the amount of sales tax paid, the date of

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  1  purchase, and the name and address of the sales tax dealer

  2  from whom the property was purchased.

  3         f.  Whether the business is a small business as defined

  4  by s. 288.703(1).

  5         g.  If applicable, the name and address of each

  6  permanent employee of the business, including, for each

  7  employee who is a resident of an enterprise zone or designated

  8  brownfield area, the identifying number assigned pursuant to

  9  s. 290.0065 to the enterprise zone in which the employee

10  resides.

11         3.  Within 10 working days after receipt of an

12  application, the governing body or enterprise zone development

13  agency shall review the application to determine if it

14  contains all the information required pursuant to subparagraph

15  2. and meets the criteria set out in this paragraph. The

16  governing body or agency shall certify all applications that

17  contain the information required pursuant to subparagraph 2.

18  and meet the criteria set out in this paragraph as eligible to

19  receive a refund. If applicable, the governing body or agency

20  shall also certify if 20 percent of the employees of the

21  business are residents of an enterprise zone or designated

22  brownfield area, excluding temporary and part-time employees.

23  The certification shall be in writing, and a copy of the

24  certification shall be transmitted to the executive director

25  of the Department of Revenue. The business shall be

26  responsible for forwarding a certified application to the

27  department within the time specified in subparagraph 4.

28         4.  An application for a refund pursuant to this

29  paragraph must be submitted to the department within 6 months

30  after the business property is purchased.

31

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  1         5.  The provisions of s. 212.095 do not apply to any

  2  refund application made pursuant to this paragraph. The amount

  3  refunded on purchases of business property under this

  4  paragraph shall be the lesser of 97 percent of the sales tax

  5  paid on such business property or $5,000, or, if no less than

  6  20 percent of the employees of the business are residents of

  7  an enterprise zone or designated brownfield area, excluding

  8  temporary and part-time employees, the amount refunded on

  9  purchases of business property under this paragraph shall be

10  the lesser of 97 percent of the sales tax paid on such

11  business property or $10,000. A refund approved pursuant to

12  this paragraph shall be made within 30 days of formal approval

13  by the department of the application for the refund. No refund

14  shall be granted under this paragraph unless the amount to be

15  refunded exceeds $100 in sales tax paid on purchases made

16  within a 60-day time period.

17         6.  The department shall adopt rules governing the

18  manner and form of refund applications and may establish

19  guidelines as to the requisites for an affirmative showing of

20  qualification for exemption under this paragraph.

21         7.  If the department determines that the business

22  property is used outside an enterprise zone or designated

23  brownfield area within 3 years from the date of purchase, the

24  amount of taxes refunded to the business purchasing such

25  business property shall immediately be due and payable to the

26  department by the business, together with the appropriate

27  interest and penalty, computed from the date of purchase, in

28  the manner provided by this chapter.  Notwithstanding this

29  subparagraph, business property used exclusively in:

30         a.  Licensed commercial fishing vessels,

31         b.  Fishing guide boats, or

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  1         c.  Ecotourism guide boats

  2

  3  that leave and return to a fixed location within an area

  4  designated under s. 370.28 are eligible for the exemption

  5  provided under this paragraph if all requirements of this

  6  paragraph are met. Such vessels and boats must be owned by a

  7  business that is eligible to receive the exemption provided

  8  under this paragraph. This exemption does not apply to the

  9  purchase of a vessel or boat.

10         8.  The department shall deduct an amount equal to 10

11  percent of each refund granted under the provisions of this

12  paragraph from the amount transferred into the Local

13  Government Half-cent Sales Tax Clearing Trust Fund pursuant to

14  s. 212.20 for the county area in which the business property

15  is located and shall transfer that amount to the General

16  Revenue Fund.

17         9.  For the purposes of this exemption, "business

18  property" means new or used property defined as "recovery

19  property" in s. 168(c) of the Internal Revenue Code of 1954,

20  as amended, except:

21         a.  Property classified as 3-year property under s.

22  168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;

23         b.  Industrial machinery and equipment as defined in

24  sub-subparagraph (b)6.a. and eligible for exemption under

25  paragraph (b); and

26         c.  Building materials as defined in sub-subparagraph

27  (g)8.a.

28         10.  The provisions of this paragraph shall expire and

29  be void on December 31, 2005.

30         Section 6.  Section 212.096, Florida Statutes, is

31  amended to read:

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  1         212.096  Sales, rental, storage, use tax; brownfield

  2  area and enterprise zone jobs credit against sales tax.--

  3         (1)  For the purposes of the credit provided in this

  4  section:

  5         (a)  "Eligible business" means any sole proprietorship,

  6  firm, partnership, corporation, bank, savings association,

  7  estate, trust, business trust, receiver, syndicate, or other

  8  group or combination, or successor business, located in an

  9  enterprise zone or a brownfield area designated under s.

10  376.80. An eligible business does not include any business

11  which has claimed the credit permitted under s. 220.181 for

12  any new business employee first beginning employment with the

13  business after July 1, 1995.

14         (b)  "Month" means either a calendar month or the time

15  period from any day of any month to the corresponding day of

16  the next succeeding month or, if there is no corresponding day

17  in the next succeeding month, the last day of the succeeding

18  month.

19         (c)  "New employee" means a person residing in an

20  enterprise zone or a designated brownfield area, a qualified

21  Job Training Partnership Act classroom training participant,

22  or a WAGES Program participant who begins employment with an

23  eligible business after July 1, 1995, and who has not been

24  previously employed within the preceding 12 months by the

25  eligible business, or a successor eligible business, claiming

26  the credit allowed by this section.

27

28  A person shall be deemed to be employed if the person performs

29  duties in connection with the operations of the business on a

30  regular, full-time basis, provided the person is performing

31  such duties for an average of at least 36 hours per week each

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  1  month, or a part-time basis, provided the person is performing

  2  such duties for an average of at least 20 hours per week each

  3  month throughout the year. The person must be performing such

  4  duties at a business site located in the enterprise zone or

  5  designated brownfield area.

  6         (2)(a)  It is the legislative intent to encourage the

  7  provision of meaningful employment opportunities that which

  8  will improve the quality of life of those employed and to

  9  encourage economic expansion of enterprise zones or designated

10  brownfield areas and the state. Therefore, beginning July 1,

11  1995, upon an affirmative showing by a business to the

12  satisfaction of the department that the requirements of this

13  section have been met, the business shall be allowed a credit

14  against the tax remitted under this chapter.

15         (b)  The credit shall be computed as follows:

16         1.  Ten percent of the monthly wages paid in this state

17  to each new employee whose wages do not exceed $1,500 a month.

18  If no less than 20 percent of the employees of the business

19  are residents of an enterprise zone or a designated brownfield

20  area, excluding temporary and part-time employees, the credit

21  shall be computed as 15 percent of the monthly wages paid in

22  this state to each new employee;

23         2.  Five percent of the first $1,500 of actual monthly

24  wages paid in this state for each new employee whose wages

25  exceed $1,500 a month; or

26         3.  Fifteen percent of the first $1,500 of actual

27  monthly wages paid in this state for each new employee who is

28  a WAGES Program participant pursuant to chapter 414.

29

30  For purposes of this paragraph, monthly wages shall be

31  computed as one-twelfth of the expected annual wages paid to

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  1  such employee. The amount paid as wages to a new employee is

  2  the compensation paid to such employee that is subject to

  3  unemployment tax. The credit shall be allowed for up to 12

  4  consecutive months, beginning with the first tax return due

  5  pursuant to s. 212.11 after approval by the department.

  6         (3)  In order to claim this credit, an eligible

  7  business must file under oath with the governing body or

  8  enterprise zone development agency having jurisdiction over

  9  the enterprise zone or designated brownfield area where the

10  business is located, as applicable, a statement which

11  includes:

12         (a)  For each new employee for whom this credit is

13  claimed, the employee's name and place of residence, including

14  the identifying number assigned pursuant to s. 290.0065 to the

15  enterprise zone in which the employee resides if the new

16  employee is a person residing in an enterprise zone, and, if

17  applicable, documentation that the employee is a qualified Job

18  Training Partnership Act classroom training participant or a

19  WAGES Program participant.

20         (b)  If applicable, the name and address of each

21  permanent employee of the business, including, for each

22  employee who is a resident of an enterprise zone or a

23  designated brownfield area, the identifying number assigned

24  pursuant to s. 290.0065 to the enterprise zone in which the

25  employee resides.

26         (c)  The name and address of the eligible business.

27         (d)  The starting salary or hourly wages paid to the

28  new employee.

29         (e)  The identifying number assigned pursuant to s.

30  290.0065 to the enterprise zone in which the business is

31  located.

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  1         (f)  Whether the business is a small business as

  2  defined by s. 288.703(1).

  3         (g)  Within 10 working days after receipt of an

  4  application, the governing body or enterprise zone development

  5  agency shall review the application to determine if it

  6  contains all the information required pursuant to this

  7  subsection and meets the criteria set out in this section. The

  8  governing body or agency shall certify all applications that

  9  contain the information required pursuant to this subsection

10  and meet the criteria set out in this section as eligible to

11  receive a credit. If applicable, the governing body or agency

12  shall also certify if 20 percent of the employees of the

13  business are residents of an enterprise zone or a designated

14  brownfield area, excluding temporary and part-time employees.

15  The certification shall be in writing, and a copy of the

16  certification shall be transmitted to the executive director

17  of the Department of Revenue. The business shall be

18  responsible for forwarding a certified application to the

19  department within the time specified in paragraph (h).

20         (h)  All applications for a credit pursuant to this

21  section must be submitted to the department within 4 months

22  after the new employee is hired.

23         (4)  In the event the application is insufficient to

24  support the credit authorized in this section, the department

25  shall deny the credit and notify the business of that fact.

26  The business may reapply for this credit.

27         (5)  The credit provided in this section does not

28  apply:

29         (a)  For any new employee who is an owner, partner, or

30  stockholder of an eligible business.

31

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  1         (b)  For any new employee who is employed for any

  2  period less than 3 full calendar months.

  3         (6)  The credit provided in this section shall not be

  4  allowed for any month in which the tax due for such period or

  5  the tax return required pursuant to s. 212.11 for such period

  6  is delinquent.

  7         (7)  In the event an eligible business has a credit

  8  larger than the amount owed the state on the tax return for

  9  the time period in which the credit is claimed, the amount of

10  the credit for that time period shall be the amount owed the

11  state on that tax return.

12         (8)  Any business which has claimed this credit shall

13  not be allowed any credit under the provisions of s. 220.181

14  for any new employee beginning employment after July 1, 1995.

15         (9)  It shall be the responsibility of each business to

16  affirmatively demonstrate to the satisfaction of the

17  department that it meets the requirements of this section.

18         (10)  Any person who fraudulently claims this credit is

19  liable for repayment of the credit plus a mandatory penalty of

20  100 percent of the credit plus interest at the rate provided

21  in this chapter, and such person is guilty of a misdemeanor of

22  the second degree, punishable as provided in s. 775.082 or s.

23  775.083.

24         (11)  The provisions of this section, except for

25  subsection (10), shall expire and be void on December 31,

26  2005.

27         Section 7.  Subsections (1), (2), (3), and (9) of

28  section 220.181, Florida Statutes, are amended to read:

29         220.181  Enterprise zone jobs credit.--

30         (1)(a)  Beginning July 1, 1995, There shall be allowed

31  a credit against the tax imposed by this chapter to any

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  1  business located in an enterprise zone or a brownfield area

  2  designated under s. 376.80 which employs one or more new

  3  employees. The credit shall be computed as follows:

  4         1.  Ten percent of the actual monthly wages paid in

  5  this state to each new employee whose wages do not exceed

  6  $1,500 a month. If no less than 20 percent of the employees of

  7  the business are residents of an enterprise zone or a

  8  brownfield area designated under s. 376.80, excluding

  9  temporary and part-time employees, the credit shall be

10  computed as 15 percent of the actual monthly wages paid in

11  this state to each new employee, for a period of up to 12

12  consecutive months;

13         2.  Five percent of the first $1,500 of actual monthly

14  wages paid in this state for each new employee whose wages

15  exceed $1,500 a month; or

16         3.  Fifteen percent of the first $1,500 of actual

17  monthly wages paid in this state for each new employee who is

18  a WAGES Program participant pursuant to chapter 414.

19         (b)  This credit applies only with respect to wages

20  subject to unemployment tax and does not apply for any new

21  employee who is employed for any period less than 3 full

22  months.

23         (c)  If this credit is not fully used in any one year,

24  the unused amount may be carried forward for a period not to

25  exceed 5 years. The carryover credit may be used in a

26  subsequent year when the tax imposed by this chapter for such

27  year exceeds the credit for such year after applying the other

28  credits and unused credit carryovers in the order provided in

29  s. 220.02(10).

30         (2)  When filing for an enterprise zone jobs credit or

31  a brownfield area jobs credit, a business must file under oath

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  1  with the governing body or enterprise zone development agency

  2  having jurisdiction over the enterprise zone or the designated

  3  brownfield area where the business is located, as applicable,

  4  a statement which includes:

  5         (a)  For each new employee for whom this credit is

  6  claimed, the employee's name and place of residence during the

  7  taxable year, including the identifying number assigned

  8  pursuant to s. 290.0065 to the enterprise zone, or to the

  9  brownfield area designated under s. 376.80, in which the new

10  employee resides if the new employee is a person residing in

11  an enterprise zone or a designated brownfield area, and, if

12  applicable, documentation that the employee is a qualified Job

13  Training Partnership Act classroom training participant or a

14  WAGES Program participant.

15         (b)  If applicable, the name and address of each

16  permanent employee of the business, including, for each

17  employee who is a resident of an enterprise zone or a

18  designated brownfield area, the identifying number assigned

19  pursuant to s. 290.0065 to the enterprise zone in which the

20  employee resides.

21         (c)  The name and address of the business.

22         (d)  The identifying number assigned pursuant to s.

23  290.0065 to the enterprise zone in which the eligible business

24  is located.

25         (e)  The salary or hourly wages paid to each new

26  employee claimed.

27         (f)  Whether the business is a small business as

28  defined by s. 288.703(1).

29         (3)  Within 10 working days after receipt of an

30  application, the governing body or enterprise zone development

31  agency shall review the application to determine if it

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  1  contains all the information required pursuant to subsection

  2  (2) and meets the criteria set out in this section. The

  3  governing body or agency shall certify all applications that

  4  contain the information required pursuant to subsection (2)

  5  and meet the criteria set out in this section as eligible to

  6  receive a credit. If applicable, the governing body or agency

  7  shall also certify if 20 percent of the employees of the

  8  business are residents of an enterprise zone or designated

  9  brownfield area, excluding temporary and part-time employees.

10  The certification shall be in writing, and a copy of the

11  certification shall be transmitted to the executive director

12  of the Department of Revenue. The business shall be

13  responsible for forwarding a certified application to the

14  department.

15         Section 8.  Section 220.182, Florida Statutes, is

16  amended to read:

17         220.182  Enterprise zone and brownfield area property

18  tax credit.--

19         (1)(a)  Beginning July 1, 1995, There shall be allowed

20  a credit against the tax imposed by this chapter to any

21  business which establishes a new business as defined in s.

22  220.03(1)(p)2., expands an existing business as defined in s.

23  220.03(1)(k)2., or rebuilds an existing business as defined in

24  s. 220.03(1)(u) in this state. The credit shall be computed

25  annually as ad valorem taxes paid in this state, in the case

26  of a new business; the additional ad valorem tax paid in this

27  state resulting from assessments on additional real or

28  tangible personal property acquired to facilitate the

29  expansion of an existing business; or the ad valorem taxes

30  paid in this state resulting from assessments on property

31  replaced or restored, in the case of a rebuilt business,

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  1  including pollution and waste control facilities, or any part

  2  thereof, and including one or more buildings or other

  3  structures, machinery, fixtures, and equipment.

  4         (b)  If the credit granted pursuant to this section is

  5  not fully used in any one year, the unused amount may be

  6  carried forward for a period not to exceed 5 years. The

  7  carryover credit may be used in a subsequent year when the tax

  8  imposed by this chapter for such year exceeds the credit for

  9  such year under this section after applying the other credits

10  and unused credit carryovers in the order provided in s.

11  220.02(10). The amount of credit taken under this section in

12  any one year, however, shall not exceed $25,000, or, if no

13  less than 20 percent of the employees of the business are

14  residents of an enterprise zone or a brownfield area

15  designated under s. 376.80, excluding temporary employees, the

16  amount shall not exceed $50,000.

17         (2)  To be eligible to receive an expanded enterprise

18  zone or a designated brownfield area property tax credit of up

19  to $50,000, the business must provide a statement, under oath,

20  on the form prescribed by the department for claiming the

21  credit authorized by this section, that no less than 20

22  percent of its employees, excluding temporary and part-time

23  employees, are residents of an enterprise zone or a designated

24  brownfield area. It shall be a condition precedent to the

25  granting of each annual tax credit that such employment

26  requirements be fulfilled throughout each year during the

27  5-year period of the credit. The statement shall set forth the

28  name and place of residence of each permanent employee on the

29  last day of business of the tax year for which the credit is

30  claimed or, if the employee is no longer employed or eligible

31  for the credit on that date, the last calendar day of the last

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  1  full calendar month the employee was employed or eligible for

  2  the credit at the relevant site.

  3         (3)  The credit shall be available to a new business

  4  for a period not to exceed the year in which ad valorem taxes

  5  are first levied against the business and the 4 years

  6  immediately thereafter. The credit shall be available to an

  7  expanded existing business for a period not to exceed the year

  8  in which ad valorem taxes are first levied on additional real

  9  or tangible personal property acquired to facilitate the

10  expansion or rebuilding and the 4 years immediately

11  thereafter. No business shall be entitled to claim the credit

12  authorized by this section, except any amount attributable to

13  the carryover of a previously earned credit, for more than 5

14  consecutive years.

15         (4)  To be eligible for an enterprise zone or a

16  designated brownfield area property tax credit, a new,

17  expanded, or rebuilt business shall file a notice with the

18  property appraiser of the county in which the business

19  property is located or to be located. The notice shall be

20  filed no later than April 1 of the year in which new or

21  additional real or tangible personal property acquired to

22  facilitate such new, expanded, or rebuilt facility is first

23  subject to assessment. The notice shall be made on a form

24  prescribed by the department and shall include separate

25  descriptions of:

26         (a)  Real and tangible personal property owned or

27  leased by the business prior to expansion, if any.

28         (b)  Net new or additional real and tangible personal

29  property acquired to facilitate the new, expanded, or rebuilt

30  facility.

31

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  1         (5)  When filing for an enterprise zone or a designated

  2  brownfield area property tax credit as a new business, a

  3  business shall include a copy of its receipt indicating

  4  payment of ad valorem taxes for the current year.

  5         (6)  When filing for an enterprise zone or a designated

  6  brownfield area property tax credit as an expanded or rebuilt

  7  business, a business shall include copies of its receipts

  8  indicating payment of ad valorem taxes for the current year

  9  for prior existing property and for expansion-related or

10  rebuilt property.

11         (7)  The receipts described in subsections (5) and (6)

12  shall indicate the assessed value of the property, the

13  property taxes paid, a brief description of the property, and

14  an indication, if applicable, that the property was separately

15  assessed as expansion-related or rebuilt property.

16         (8)  The department has authority to adopt rules

17  pursuant to ss. 120.536(1) and 120.54 to implement the

18  provisions of this act.

19         (9)  It shall be the responsibility of the taxpayer to

20  affirmatively demonstrate to the satisfaction of the

21  department that he or she meets the requirements of this act.

22         (10)  When filing for an enterprise zone or a

23  designated brownfield area property tax credit as an expansion

24  of an existing business or as a new business, it shall be a

25  condition precedent to the granting of each annual tax credit

26  that there have been, throughout each year during the 5-year

27  period, no fewer than five more employees than in the year

28  preceding the initial granting of the credit.

29         (11)  To apply for an enterprise zone or a designated

30  brownfield area property tax credit, a new, expanded, or

31  rebuilt business must file under oath with the governing body

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  1  or enterprise zone development agency having jurisdiction over

  2  the enterprise zone or the designated brownfield area where

  3  the business is located, as applicable, an application

  4  prescribed by the department for claiming the credit

  5  authorized by this section. Within 10 working days after

  6  receipt of an application, the governing body or enterprise

  7  zone development agency shall review the application to

  8  determine if it contains all the information required pursuant

  9  to this section and meets the criteria set out in this

10  section. The governing body or agency shall certify all

11  applications that contain the information required pursuant to

12  this section and meet the criteria set out in this section as

13  eligible to receive a credit. If applicable, the governing

14  body or agency shall also certify if 20 percent of the

15  employees of the business are residents of an enterprise zone

16  or a designated brownfield area, excluding temporary and

17  part-time employees. The certification shall be in writing,

18  and a copy of the certification shall be transmitted to the

19  executive director of the Department of Revenue. The business

20  shall be responsible for forwarding all certified applications

21  to the department.

22         (12)  When filing for an enterprise zone or a

23  designated brownfield area property tax credit, a business

24  shall include the identifying number assigned pursuant to s.

25  290.0065 to the enterprise zone in which the business is

26  located.

27         (13)  When filing for an enterprise zone or a

28  designated brownfield area property tax credit, a business

29  shall indicate whether the business is a small business as

30  defined by s. 288.703(1).

31

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  1         (14)  The provisions of this section shall expire and

  2  be void on June 30, 2005, and no business shall be allowed to

  3  begin claiming such enterprise zone or designated brownfield

  4  area property tax credit after that date; however, the

  5  expiration of this section shall not affect the operation of

  6  any credit for which a business has qualified under this

  7  section prior to June 30, 2005, or any carryforward of unused

  8  credit amounts as provided in paragraph (1)(b).

  9         Section 9.  Subsections (1) and (2) and paragraph (d)

10  of subsection (4) of section 220.183, Florida Statutes, are

11  amended to read:

12         220.183  Community contribution tax credit.--

13         (1)  LEGISLATIVE FINDINGS.--The Legislature finds that:

14         (a)  There exist in the counties and municipalities

15  conditions of blight evidenced by extensive deterioration of

16  public and private facilities, abandonment of sound

17  structures, and high unemployment which conditions impede the

18  conservation and development of healthy, safe, and

19  economically viable communities.

20         (b)  Deterioration of housing and industrial,

21  commercial, and public facilities contributes to the decline

22  of neighborhoods and communities and leads to the loss of

23  their historic character and the sense of community which this

24  inspires; reduces the value of property comprising the tax

25  base of local communities; discourages private investment; and

26  requires a disproportionate expenditure of public funds for

27  the social services, unemployment benefits, and police

28  protection required to combat the social and economic problems

29  found in slum communities.

30         (c)  In order to ultimately restore social and economic

31  viability to enterprise zones and brownfield areas designated

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  1  under s. 376.80, it is necessary to renovate or construct new

  2  housing, water and sewer infrastructure, and transportation

  3  facilities and to specifically provide mechanisms to attract

  4  and encourage private economic activity.

  5         (d)  The various local governments and other

  6  redevelopment organizations now undertaking physical

  7  revitalization projects are limited by tightly constrained

  8  budgets and inadequate resources.

  9         (e)  In order to significantly improve revitalization

10  efforts by local governments and community development

11  organizations and to retain as much of the historic character

12  of our communities as possible, it is necessary to provide

13  additional resources, and the participation of private

14  enterprise in revitalization efforts is an effective means for

15  accomplishing that goal.

16         (2)  POLICY AND PURPOSE.--It is the policy of this

17  state to encourage the participation of private corporations

18  in revitalization projects undertaken by public redevelopment

19  organizations. The purpose of this section is to provide to

20  the greatest extent possible an incentive for such

21  participation by granting partial state income tax credits to

22  corporations that contribute resources to public redevelopment

23  organizations for the revitalization of enterprise zones and

24  brownfield areas designated under s. 376.80 for the benefit of

25  low-income and moderate-income persons or to preserve existing

26  historically significant properties within enterprise zones or

27  brownfield areas designated under s. 376.80 to the greatest

28  extent possible. The Legislature thus declares this a public

29  purpose for which public money may be borrowed, expended,

30  loaned, and granted.

31         (4)  ELIGIBILITY REQUIREMENTS.--

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  1         (d)  The project shall be located in an area designated

  2  as an enterprise zone pursuant to s. 290.0065 or a brownfield

  3  area designated under s. 376.80.  Any project designed to

  4  construct or rehabilitate low-income housing is exempt from

  5  the area requirement of this paragraph.

  6         Section 10.  Subsection (1) of section 220.1845,

  7  Florida Statutes, is amended to read:

  8         220. 1845  Contaminated site rehabilitation tax

  9  credit.--

10         (1)  AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.--

11         (a)  A credit in the amount of 35 percent of the costs

12  of voluntary cleanup activity that is integral to site

13  rehabilitation at the following sites is allowed against any

14  tax due for a taxable year under this chapter:

15         1.  A drycleaning-solvent-contaminated site eligible

16  for state-funded site rehabilitation under s. 376.3078(3);

17         2.  A drycleaning-solvent-contaminated site at which

18  cleanup is undertaken by the real property owner pursuant to

19  s. 376.3078(11), if the real property owner is not also, and

20  has never been, the owner or operator of the drycleaning

21  facility where the contamination exists; or

22         3.  A brownfield site in a designated brownfield area

23  under s. 376.80; or.

24         4.  Any other contaminated site at which the property

25  owner did not cause or contribute to the contamination and for

26  which cleanup is undertaken under a voluntary rehabilitation

27  agreement approved by the Department of Environmental

28  Protection.

29         (b)  For all applications received by January 15, if,

30  as of the following March 1, the credits granted under

31  paragraph (a) do not exhaust the annual maximum allowable

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  1  credits under paragraph (h), any remaining credits may be

  2  granted for petroleum-contaminated sites at which cleanups are

  3  being conducted under the preapproved advanced cleanup program

  4  authorized in s. 376.30713(4), but only up to the amount of

  5  private funding involved in the site-cleanup activity. Tax

  6  credit applications submitted for petroleum-contaminated sites

  7  may not be included in the carry-forward provision of s.

  8  376.30781(9), which otherwise allows applications that do not

  9  receive credits due to an exhaustion of the annual tax credit

10  authorization to be carried forward in the same order for the

11  next year's annual tax credit allocation, if any, based on the

12  prior year's application.

13         (c)(b)  A taxpayer, or multiple taxpayers working

14  jointly to clean up a single site, may not receive more than

15  $250,000 per year in tax credits for each site voluntarily

16  rehabilitated. Multiple taxpayers shall receive tax credits in

17  the same proportion as their contribution to payment of

18  cleanup costs. Subject to the same conditions and limitations

19  as provided in this section, a municipality or county which

20  voluntarily rehabilitates a site may receive not more than

21  $250,000 per year in tax credits which it can subsequently

22  transfer subject to the provisions in paragraph (h).

23         (d)(c)  If the credit granted under this section is not

24  fully used in any one year because of insufficient tax

25  liability on the part of the corporation, the unused amount

26  may be carried forward for a period not to exceed 5 years. The

27  carryover credit may be used in a subsequent year when the tax

28  imposed by this chapter for that year exceeds the credit for

29  which the corporation is eligible in that year under this

30  section after applying the other credits and unused carryovers

31  in the order provided by s. 220.02(10).

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  1         (e)(d)  A taxpayer that files a consolidated return in

  2  this state as a member of an affiliated group under s.

  3  220.131(1) may be allowed the credit on a consolidated return

  4  basis up to the amount of tax imposed upon and paid by the

  5  taxpayer that incurred the rehabilitation costs.

  6         (f)(e)  A taxpayer that receives credit under s.

  7  199.1055 is ineligible to receive credit under this section in

  8  a given tax year.

  9         (g)(f)  A taxpayer that receives state-funded site

10  rehabilitation under s. 376.3078(3) for rehabilitation of a

11  drycleaning-solvent-contaminated site is ineligible to receive

12  credit under this section for costs incurred by the taxpayer

13  in conjunction with the rehabilitation of that site during the

14  same time period that state-administered site rehabilitation

15  was underway.

16         (h)(g)  The total amount of the tax credits which may

17  be granted under this section and s. 199.1055 is $2 million

18  annually.

19         (i)(h)1.  Tax credits that may be available under this

20  section to an entity eligible under s. 376.30781 may be

21  transferred after a merger or acquisition to the surviving or

22  acquiring entity and used in the same manner and with the same

23  limitations.

24         2.  The entity or its surviving or acquiring entity as

25  described in subparagraph 1., may transfer any unused credit

26  in whole or in units of no less than 25 percent of the

27  remaining credit.  The entity acquiring such credit may use it

28  in the same manner and with the same limitation as described

29  in this section. Such transferred credits may not be

30  transferred again although they may succeed to a surviving or

31

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  1  acquiring entity subject to the same conditions and

  2  limitations as described in this section.

  3         3.  In the event the credit provided for under this

  4  section is reduced either as a result of a determination by

  5  the Department of Environmental Protection or an examination

  6  or audit by the Department of Revenue, such tax deficiency

  7  shall be recovered from the first entity, or the surviving or

  8  acquiring entity, to have claimed such credit up to the amount

  9  of credit taken.  Any subsequent deficiencies shall be

10  assessed against any entity acquiring and claiming such

11  credit, or in the case of multiple succeeding entities in the

12  order of credit succession.

13         (j)(i)  In order to encourage completion of site

14  rehabilitation at contaminated sites being voluntarily cleaned

15  up and eligible for a tax credit under this section, the

16  taxpayer may claim an additional 10 percent of the total

17  cleanup costs, not to exceed $50,000, in the final year of

18  cleanup as evidenced by the Department of Environmental

19  Protection issuing a "No Further Action" order for that site.

20         Section 11.  Section 290.007, Florida Statutes, is

21  amended to read:

22         290.007  State incentives available in enterprise zones

23  and brownfield areas.--The following incentives are provided

24  by the state to encourage the revitalization of enterprise

25  zones and brownfield areas designated under s. 376.80:

26         (1)  The enterprise zone jobs credit and the designated

27  brownfield area jobs credit provided in s. 220.181.

28         (2)  The enterprise zone or designated brownfield area

29  property tax credit provided in s. 220.182.

30         (3)  The community contribution tax credits provided in

31  ss. 220.183 and 624.5105.

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  1         (4)  The sales tax exemption for building materials

  2  used in the rehabilitation of real property in enterprise

  3  zones or designated brownfield areas provided in s.

  4  212.08(5)(g).

  5         (5)  The sales tax exemption for business equipment

  6  used in an enterprise zone or a designated brownfield area

  7  provided in s. 212.08(5)(h).

  8         (6)  The sales tax exemption for electrical energy used

  9  in an enterprise zone or a designated brownfield area provided

10  in s. 212.08(15).

11         (7)  The enterprise zone jobs credit and the designated

12  brownfield area jobs credit against the sales tax provided in

13  s. 212.096.

14         (8)  Notwithstanding any law to the contrary, the

15  Public Service Commission may allow public utilities and

16  telecommunications companies to grant discounts of up to 50

17  percent on tariffed rates for services to small businesses

18  located in an enterprise zone designated pursuant to s.

19  290.0065 or a brownfield area designated under s.376.80. Such

20  discounts may be granted for a period not to exceed 5 years.

21  For purposes of this subsection, "public utility" has the same

22  meaning as in s. 366.02(1) and "telecommunications company"

23  has the same meaning as in s. 364.02(12) s. 364.02(7).

24         Section 12.  Section 376.30702, Florida Statutes, is

25  created to read:

26         376.30702  The State-Owned-Lands Cleanup Program;

27  findings; intent; purpose; program requirements; funding;

28  liability protection; cost recovery.--

29         (1)  FINDINGS; INTENT.--In addition to the legislative

30  findings set forth in s. 376.30, the Legislature finds and

31  declares that:

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  1         (a)  Significant quantities of pollutants or hazardous

  2  substances have been discharged in the past on state-owned

  3  lands. Generally, these discharges have occurred as part of

  4  the normal operation of facilities that existed on the

  5  property. Many of these discharges occurred prior to the state

  6  acquiring title to the property, or the discharges resulted

  7  from the acts of tenants or lessees of the state-owned lands.

  8         (b)  These discharges of pollutants and hazardous

  9  substances on state-owned lands pose a significant threat to

10  the quality of the groundwaters and inland surface waters of

11  this state.

12         (c)  Where contamination of the groundwater or surface

13  water has occurred, remedial measures have often been delayed

14  for long periods while determinations as to liability and the

15  extent of liability have been made, and such delays have

16  resulted in the continuation and intensification of the threat

17  to the public health, safety, and welfare; in greater damage

18  to the environment; and in significantly higher costs to

19  contain and remove the contamination.

20         (d)  Adequate financial resources must be readily

21  available to provide for the expeditious supply of safe and

22  reliable alternative sources of potable water to affected

23  persons and to provide a means for investigation and

24  rehabilitation without delay of contaminated sites on

25  state-owned lands.

26         (e)  Site rehabilitation at contaminated sites on

27  state-owned lands should be based on the actual risk that

28  contamination may pose to the environment and public health,

29  taking into account current and future land and water use and

30  the degree to which contamination may spread and place the

31  public or the environment at risk.

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  1         (2)  CREATION; PURPOSES OF PROGRAM.--

  2         (a)  There is created the Florida State-Owned-Lands

  3  Cleanup Program to be administered by the department. To

  4  encourage detection, reporting, and cleanup of contamination

  5  on state-owned lands, the department shall, within the

  6  guidelines established in this section, implement a cleanup

  7  program to provide state-funded and state-managed site

  8  rehabilitation for all state-owned property contaminated by

  9  discharges of pollutants or hazardous substances occurring

10  before July 1, 2000.  The Legislature intends to address only

11  residual historical contamination on state-owned lands, and it

12  is not the intent of this program to provide funding for

13  environmental compliance for ongoing operations that may cause

14  future contamination on state-owned lands.

15         (b)  Continuation of this program is subject to an

16  annual appropriation from the Legislature. Continued state

17  funding will not be considered an entitlement or a vested

18  right under this section. The department shall not obligate

19  funds in excess of the annual appropriation established in

20  subsection (6).

21         (c)  Whenever, in its determination, incidents of

22  contamination on state-owned lands caused by pollutants or

23  hazardous substances may pose a threat to the environment or

24  the public health, safety, or welfare, the department shall

25  obligate moneys available under this section to provide for: 

26         1.  Prompt investigation and assessment of the

27  contaminated site.

28         2.  Expeditious treatment, restoration, or replacement

29  of potable water supplies as provided in s. 376.30(3)(c)1.

30         3.  Rehabilitation of contaminated sites, which shall

31  consist of rehabilitation of affected soil, groundwater,

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  1  sediment and surface waters, using the most cost-effective

  2  alternative that is technologically feasible and reliable and

  3  that provides adequate protection of the public health,

  4  safety, and welfare and minimizes environmental damage, in

  5  accordance with the rehabilitation criteria established by the

  6  department under s. 376.3078(4), except that nothing in this

  7  subsection may be construed to authorize the department to

  8  obligate funds for payment of costs that may be associated

  9  with, but are not integral to, site rehabilitation.

10         4.  Maintenance and monitoring of contaminated sites.

11         5.  Inspection and supervision of activities described

12  in this subsection.

13         6.  Payment of expenses incurred by the department in

14  its efforts to obtain from responsible parties the payment or

15  recovery of reasonable costs resulting from the activities

16  described in this subsection.

17         7.  Payment of any other reasonable costs of

18  administration, including those administrative costs incurred

19  by the Department of Health in providing field and laboratory

20  services, toxicological risk assessment, and other assistance

21  to the department in the investigation of drinking water

22  contamination complaints and costs associated with public

23  information and education activities.

24         8.  Reasonable costs of restoring property as nearly as

25  practicable to the conditions that existed prior to activities

26  associated with contamination assessment or remedial action.

27         (3)  SITE PRIORITY RANKING AND CLEANUP CRITERIA.--

28         (a) The department shall determine the priority ranking

29  of all known contaminated sites on state-owned lands using the

30  criteria listed in s. 376.3078(7) and (8). It is the intent of

31  the Legislature that site rehabilitation be conducted first at

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  1  those sites that pose the greatest threat to human health and

  2  the environment, within the availability of funds appropriated

  3  annually for this program.

  4         (b)  The department shall conduct site rehabilitation

  5  at contaminated sites being cleaned up under this program

  6  using the cleanup criteria established in s. 376.3078(4) and

  7  chapter 62-777, Florida Administrative Code, as that chapter

  8  may hereafter be amended.

  9         (c)  It is recognized that restoration of groundwater

10  resources contaminated with pollutants or hazardous substances

11  may not be achievable using currently available technology. In

12  situations where the use of available technology is not

13  expected to achieve water quality standards, the department

14  may use innovative technology that has been field-tested and

15  that has engineering and cost data available.

16         (d)  This subsection may not be construed to restrict

17  the department from temporarily postponing completion of any

18  site rehabilitation activities at a contaminated site on

19  state-owned lands for which funds are being expended under

20  this section whenever the postponement is deemed necessary in

21  order to make funds available for rehabilitation of another

22  contamination site on state-owned lands having a higher

23  priority status.

24         (4)  LIABILITY PROTECTION.--

25         (a)  Any state agency that controls or manages

26  state-owned lands that are contaminated with pollutants or

27  hazardous substances is relieved of further liability for

28  remediation of the contaminated site or sites to the state and

29  to third parties and of liability in contribution to any other

30  party who has or may incur cleanup liability for the

31  contaminated site or sites.

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  1         (b)  This section may not be construed as a limitation

  2  on the right of a third party other than the state to pursue

  3  an action for damages to property or person; however, such an

  4  action may not compel site rehabilitation in excess of that

  5  required by the department.

  6         (c)  This section does not affect the department's

  7  ability or authority to pursue enforcement compelling site

  8  rehabilitation, or to pursue penalties available under current

  9  law, against any person who may have liability with respect to

10  a contaminated site on state-owned land and who has not

11  received cleanup liability protection under this section.

12         (d)  This section does not affect the department's

13  ability or authority to seek contribution from any person who

14  may have liability with respect to a contaminated site on

15  state-owned land and who has not received cleanup liability

16  protection under this section.

17         (e)  This section does not subject the department to

18  liability for any action that may be required of the real

19  property owner or the owner or operator of a facility on

20  state-owned lands by any private party or any local, state, or

21  Federal Government entity.

22         (5)  DEPARTMENTAL DUTY TO SEEK RECOVERY AND

23  REIMBURSEMENT.--

24         (a)  Except as provided in subsection (4) and as

25  otherwise provided by law, the department shall recover from

26  any person causing or having caused the discharge of

27  pollutants or hazardous substances on state-owned lands,

28  jointly and severally, all sums owed or expended for site

29  rehabilitation at a site designated under the

30  State-Owned-Lands Cleanup Program under s. 376.308, except

31  that the department may decline to pursue such recovery if it

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  1  finds the amount involved to be too small or the likelihood of

  2  recovery too uncertain.

  3         (b)  Except as provided in subsection (4) and as

  4  otherwise provided by law, it is the duty of the department in

  5  administering the State-Owned-Lands Cleanup Program to

  6  diligently pursue the recovery of any sum expended from the

  7  fund for site rehabilitation in accordance with the provisions

  8  of this section, unless the department finds the amount

  9  involved to be too small or the likelihood of recovery too

10  uncertain. For the purposes of s. 95.11, the limitation period

11  within which to institute an action to recover such sums shall

12  commence on the last date on which any such sums were expended

13  and not the date on which the discharge occurred.

14         Section 13.  Section 376.30781, Florida Statutes, is

15  amended to read:

16         376.30781  Partial tax credits for rehabilitation of

17  drycleaning-solvent-contaminated sites and brownfield sites in

18  designated brownfield areas; application process; rulemaking

19  authority; revocation authority.--

20         (1)  The Legislature finds that:

21         (a)  To facilitate property transactions and economic

22  growth and development, it is in the interest of the state to

23  encourage the voluntary cleanup, at the earliest possible

24  time, of contaminated drycleaning-solvent-contaminated sites

25  and brownfield sites in designated brownfield areas.

26         (b)  It is the intent of the Legislature to encourage

27  the voluntary cleanup of contaminated

28  drycleaning-solvent-contaminated sites and brownfield sites in

29  designated brownfield areas by providing a partial tax credit

30  for the restoration of such property in specified

31  circumstances.

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  1         (2)(a)  A credit in the amount of 35 percent of the

  2  costs of voluntary cleanup activity that is integral to site

  3  rehabilitation at the following sites is allowed pursuant to

  4  ss. 199.1055 and 220.1845:

  5         1.  A drycleaning-solvent-contaminated site eligible

  6  for state-funded site rehabilitation under s. 376.3078(3);

  7         2.  A drycleaning-solvent-contaminated site at which

  8  cleanup is undertaken by the real property owner pursuant to

  9  s. 376.3078(11), if the real property owner is not also, and

10  has never been, the owner or operator of the drycleaning

11  facility where the contamination exists; or

12         3.  A brownfield site in a designated brownfield area

13  under s. 376.80; or.

14         4.  Any other contaminated site at which the property

15  owner did not cause or contribute to the contamination and for

16  which cleanup is undertaken under a voluntary rehabilitation

17  agreement approved by the Department of Environmental

18  Protection.

19         (b)  For all applications received by January 15, if,

20  as of the following March 1, the credits granted under

21  paragraph (a) do not exhaust the annual maximum allowable

22  credits under subsection (3), any remaining credits may be

23  granted for petroleum-contaminated sites at which cleanups are

24  being conducted under the preapproved advanced cleanup program

25  authorized in s. 376.30713(4), but only up to the amount of

26  private funding involved in the site-cleanup activity. Tax

27  credit applications submitted for petroleum-contaminated sites

28  may not be included in the carry-forward provision of

29  subsection (9), which otherwise allows applications that do

30  not receive credits due to an exhaustion of the annual tax

31  credit authorization to be carried forward in the same order

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  1  for the next year's annual tax credit allocation, if any,

  2  based on the prior year's application.

  3         (c)(b)  A taxpayer, or multiple taxpayers working

  4  jointly to clean up a single site, may not receive more than

  5  $250,000 per year in tax credits for each site voluntarily

  6  rehabilitated. Multiple taxpayers shall receive tax credits in

  7  the same proportion as their contribution to payment of

  8  cleanup costs. Tax credits are available only for site

  9  rehabilitation conducted during the calendar tax year for in

10  which the tax credit application is submitted.

11         (d)(c)  In order to encourage completion of site

12  rehabilitation at contaminated sites that are being

13  voluntarily cleaned up and that are eligible for a tax credit

14  under this section, the tax credit applicant may claim an

15  additional 10 percent of the total cleanup costs, not to

16  exceed $50,000, in the final year of cleanup as evidenced by

17  the Department of Environmental Protection issuing a "no

18  further action" order for that site.

19         (3)  The Department of Environmental Protection shall

20  be responsible for allocating the tax credits provided for in

21  ss. 199.1055 and 220.1845, not to exceed a total of $2 million

22  in tax credits annually.

23         (4)  To claim the credit for site rehabilitation

24  conducted during the current calendar year, each applicant

25  must apply to the Department of Environmental Protection for

26  an allocation of the $2 million annual credit by January 15 of

27  the following year December 31 on a form developed by the

28  Department of Environmental Protection in cooperation with the

29  Department of Revenue. The form shall include an affidavit

30  from each applicant certifying that all information contained

31  in the application, including all records of costs incurred

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  1  and claimed in the tax credit application, are true and

  2  correct. If the application is submitted pursuant to

  3  subparagraph (2)(a)2., the form must include an affidavit

  4  signed by the real property owner stating that it is not, and

  5  has never been, the owner or operator of the drycleaning

  6  facility where the contamination exists. If the application is

  7  submitted under subparagraph (2)(b)2., the form must include

  8  an affidavit signed by the person agreeing to conduct

  9  voluntary cleanup stating that he or she did not cause or

10  contribute to the contamination at the site. Approval of

11  partial tax credits must be accomplished on a first-come,

12  first-served basis based upon the date complete applications

13  are received by the Division of Waste Management. An applicant

14  shall submit only one complete application per site for each

15  calendar year's site rehabilitation costs. Placeholder

16  applications may not be accepted and will not secure a place

17  in the first-come, first-served application line per year. To

18  be eligible for a tax credit the applicant must:

19         (a)  Have entered into a voluntary cleanup agreement

20  with the Department of Environmental Protection for a

21  contaminated drycleaning-solvent-contaminated site or into a

22  Brownfield Site Rehabilitation Agreement, as applicable; and

23         (b)  Have paid all deductibles pursuant to s.

24  376.3078(3)(d) for eligible drycleaning-solvent-cleanup

25  program sites.

26         (5)  To obtain the tax credit certificate, an applicant

27  must annually file an application for certification, which

28  must be received by the Department of Environmental

29  Protection's Division of Waste Management Protection by

30  January 15 of the year following the calendar year for which

31  site rehabilitation costs are being claimed in a tax credit

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  1  application December 31. The applicant must provide all

  2  pertinent information requested on the tax credit application

  3  form, including, at a minimum, the name and address of the

  4  applicant and the address and tracking identification number

  5  of the eligible site. Along with the application form, the

  6  applicant must submit the following:

  7         (a)  A nonrefundable review fee of $250 made payable to

  8  the Water Quality Assurance Trust Fund to cover the

  9  administrative costs associated with the department's review

10  of the tax credit application;

11         (b)  Copies of contracts and documentation of contract

12  negotiations, accounts, invoices, sales tickets, or other

13  payment records from purchases, sales, leases, or other

14  transactions involving actual costs incurred for that tax year

15  related to site rehabilitation, as that term is defined in ss.

16  376.301 and 376.79;

17         (c)  Proof that the documentation submitted pursuant to

18  paragraph (b) has been reviewed and verified by an independent

19  certified public accountant in accordance with standards

20  established by the American Institute of Certified Public

21  Accountants. Specifically, the certified public accountant

22  must attest to the accuracy and validity of the costs incurred

23  and paid by conducting an independent review of the data

24  presented by the applicant. Accuracy and validity of costs

25  incurred and paid would be determined once the level of effort

26  was certified by an appropriate professional registered in

27  this state in each contributing technical discipline.  The

28  certified public accountant's report would also attest that

29  the costs included in the application form are not duplicated

30  within the application. A copy of the accountant's report

31

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  1  shall be submitted to the Department of Environmental

  2  Protection with the tax credit application; and

  3         (d)  A certification form stating that site

  4  rehabilitation activities associated with the documentation

  5  submitted pursuant to paragraph (b) have been conducted under

  6  the observation of, and related technical documents have been

  7  signed and sealed by, an appropriate professional registered

  8  in this state in each contributing technical discipline. The

  9  certification form shall be signed and sealed by the

10  appropriate registered professionals stating that the costs

11  incurred were integral, necessary, and required for site

12  rehabilitation, as that term is defined in ss. 376.301 and

13  376.79.

14         (6)  The certified public accountant and appropriate

15  registered professionals submitting forms as part of a tax

16  credit application must verify such forms. Verification must

17  be accomplished as provided in s. 92.525(1)(b) and subject to

18  the provisions of s. 92.525(3).

19         (7)  The Department of Environmental Protection shall

20  review the tax credit application and any supplemental

21  documentation that the applicant may submit before the annual

22  application deadline in order to have the application

23  considered complete submitted by each applicant, for the

24  purpose of verifying that the applicant has met the qualifying

25  criteria in subsections (2) and (4) and has submitted all

26  required documentation listed in subsection (5). Upon

27  verification that the applicant has met these requirements,

28  the department shall issue a written decision granting

29  eligibility for partial tax credits (a tax credit certificate)

30  in the amount of 35 percent of the total costs claimed,

31  subject to the $250,000 limitation, for the calendar tax year

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  1  for in which the tax credit application is submitted based on

  2  the report of the certified public accountant and the

  3  certifications from the appropriate registered technical

  4  professionals.

  5         (8)  On or before March 1, the Department of

  6  Environmental Protection shall inform each eligible applicant

  7  for sites listed in paragraph (2)(a) of the amount of its

  8  partial tax credit and provide each eligible applicant with a

  9  tax credit certificate that must be submitted with its tax

10  return to the Department of Revenue to claim the tax credit.

11  Credits will not result in the payment of refunds if total

12  credits exceed the amount of tax owed.

13         (9)  Except for applicants for sites listed in

14  paragraph (2)(b), if an applicant does not receive a tax

15  credit allocation due to an exhaustion of the $2 million

16  annual tax credit authorization, such application will then be

17  included in the same first-come, first-served order in the

18  next year's annual tax credit allocation, if any, based on the

19  prior year application.

20         (10)  The Department of Environmental Protection may

21  adopt rules to prescribe the necessary forms required to claim

22  tax credits under this section and to provide the

23  administrative guidelines and procedures required to

24  administer this section. Prior to the adoption of rules

25  regulating the tax credit application, the department shall,

26  by September 1, 1998, establish reasonable interim application

27  requirements and forms.

28         (11)  The Department of Environmental Protection may

29  revoke or modify any written decision granting eligibility for

30  partial tax credits under this section if it is discovered

31  that the tax credit applicant submitted any false statement,

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  1  representation, or certification in any application, record,

  2  report, plan, or other document filed in an attempt to receive

  3  partial tax credits under this section. The Department of

  4  Environmental Protection shall immediately notify the

  5  Department of Revenue of any revoked or modified orders

  6  affecting previously granted partial tax credits.

  7  Additionally, the taxpayer must notify the Department of

  8  Revenue of any change in its tax credit claimed.

  9         (12)  An owner, operator, or real property owner who

10  receives state-funded site rehabilitation under s. 376.3078(3)

11  for rehabilitation of a drycleaning-solvent-contaminated site

12  is ineligible to receive a tax credit under s. 199.1055 or s.

13  220.1845 for costs incurred by the taxpayer in conjunction

14  with the rehabilitation of that site during the same time

15  period that state-administered site rehabilitation was

16  underway.

17         (13)  Any person who receives partial state-funded site

18  rehabilitation under the preapproved advanced cleanup program

19  authorized in s. 376.30713(4) is ineligible to receive tax

20  credits under s. 199.1055 or s. 220.1845 for the portion of

21  site rehabilitation costs paid for by the state.

22         (14)  Regardless of the effective date of this statute,

23  the Legislature intends to allow tax credit applications filed

24  under paragraph (2)(b) to include site rehabilitation costs

25  for the entire 2000 calendar year rather than only those costs

26  incurred and paid from July 1, 2000, forward.

27         Section 14.  Section 376.84, Florida Statutes, is

28  amended to read:

29         376.84  Brownfield redevelopment economic

30  incentives.--It is the intent of the Legislature that

31  brownfield redevelopment activities be viewed as opportunities

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  1  to significantly improve the utilization, general condition,

  2  and appearance of these sites. Alternative Different standards

  3  than those in place for new development, as allowed under

  4  current state and local laws, should be used to the fullest

  5  extent to encourage the redevelopment of a brownfield. State

  6  and local governments are encouraged to offer redevelopment

  7  incentives for this purpose, as an ongoing public investment

  8  in infrastructure and services, to help eliminate the public

  9  health and environmental hazards, and to promote the creation

10  of jobs in these areas. These Such incentives may include

11  financial, regulatory, and technical assistance to persons and

12  businesses involved in the redevelopment of the brownfield

13  pursuant to this act.

14         (1)  Financial incentives and local incentives for

15  redevelopment may include, but not be limited to:

16         (a)  Tax increment financing through community

17  redevelopment agencies, pursuant to part III of chapter 163,

18  or any other entities approved by the local government for the

19  purpose of redeveloping brownfield areas.

20         (b)  Enterprise zone tax exemptions for businesses

21  pursuant to chapters 196 and 290.

22         (c)  Safe neighborhood improvement districts as

23  provided in ss. 163.501-163.523.

24         (d)  Waiver, reduction, or limitation by line of

25  business with respect to occupational license taxes pursuant

26  to chapter 205.

27         (e)  Tax exemption for historic properties as provided

28  in s. 196.1997.

29         (f)  Residential electricity exemption of up to the

30  first 500 kilowatts of use may be exempted from the municipal

31  public service tax pursuant to s. 166.231.

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  1         (g)  Minority business enterprise programs as provided

  2  in s. 287.0943.

  3         (h)  Electric and gas tax exemption as provided in s.

  4  166.231(6).

  5         (i)  Economic development tax abatement as provided in

  6  s. 196.1995.

  7         (j)  Grants, including community development block

  8  grants.

  9         (k)  Pledging of revenues to secure bonds.

10         (l)  Low-interest revolving loans and zero-interest

11  loan pools.

12         (m)  Local grant programs for facade, storefront,

13  signage, and other business improvements.

14         (n)  Governmental coordination of loan programs with

15  lenders, such as microloans, business reserve fund loans,

16  letter of credit enhancements, gap financing, land lease and

17  sublease loans, and private equity.

18         (o)  Payment schedules over time for payment of fees,

19  within criteria, and marginal cost pricing.

20         (2)  Regulatory incentives may include, but not be

21  limited to:

22         (a)  Cities' absorption of developers' concurrency

23  needs.

24         (b)  Developers' performance of certain analyses.

25         (c)  Exemptions and lessening of state and local review

26  requirements.

27         (d)  Water and sewer regulatory incentives.

28         (e)  Waiver of transportation impact fees and permit

29  fees.

30         (f)  Zoning incentives to reduce review requirements

31  for redevelopment changes in use and occupancy; establishment

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  1  of code criteria for specific uses; and institution of credits

  2  for previous use within the area.

  3         (g)  Flexibility in parking standards and buffer zone

  4  standards.

  5         (h)  Environmental management through specific code

  6  criteria and conditions allowed by current law.

  7         (i)  Maintenance standards and activities by ordinance

  8  and otherwise, and increased security and crime prevention

  9  measures available through special assessments.

10         (j)  Traffic-calming measures.

11         (k)  Historic preservation ordinances, loan programs,

12  and review and permitting procedures.

13         (l)  One-stop permitting and streamlined development

14  and permitting process.

15         (3)  Technical assistance incentives may include, but

16  not be limited to:

17         (a)  Expedited development applications.

18         (b)  Formal and informal information on business

19  incentives and financial programs.

20         (c)  Site design assistance.

21         (d)  Marketing and promotion of projects or areas.

22         (4)  A local government having a designated brownfield

23  area under s. 376.80 and a brownfield site rehabilitation

24  agreement under subsection (5) of that section may issue

25  revenue bonds under s. 163.385 and employ tax increment

26  financing under s. 163.387 for the purpose of financing the

27  implementation of the brownfield site rehabilitation agreement

28  and the local government's approved plan for revitalizing the

29  brownfield area, except that in a charter county such

30  incentive shall be employed consistent with the provisions of

31  s. 163.410.

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  1         (5)  A local government having a designated brownfield

  2  area as described in subsection (4) may also exercise the

  3  powers granted under s. 163.514 for community redevelopment

  4  improvement districts, including the authority to levy special

  5  assessments when such mechanisms will assist in revitalizing

  6  the brownfield area.

  7         Section 15.  Subsection (1) of section 376.86, Florida

  8  Statutes, is amended to read:

  9         376.86  Brownfield Areas Loan Guarantee Program.--

10         (1)  The Brownfield Areas Loan Guarantee Council is

11  created to review and approve or deny by a majority vote of

12  its membership, the situations and circumstances for

13  participation in partnerships by agreements with local

14  governments, financial institutions, and others associated

15  with the redevelopment of brownfield areas pursuant to the

16  Brownfields Redevelopment Act for a limited state guaranty of

17  up to 4 5 years of loan guarantees or loan loss reserves

18  issued pursuant to law. The limited state loan guaranty

19  applies only to 20 10 percent of the primary lenders' lenders

20  loans for redevelopment projects in brownfield areas. A

21  limited state guaranty of private loans or a loan loss reserve

22  is authorized for lenders licensed to operate in the state

23  upon a determination by the council that such an arrangement

24  is would be in the public interest and that the likelihood of

25  the success of the loan is great.

26         Section 16.  Section 376.876, Florida Statutes, is

27  created to read:

28         376.876  Brownfield Redevelopment Grants Program.--

29         (1)  The Department of Environmental Protection shall

30  administer a program to make grants to local governments that

31  have designated brownfield areas under s. 376.80 and need

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  1  financial assistance for site assessment and cleanup

  2  activities to make the redevelopment project financially

  3  feasible. The grants may not be used for general

  4  administrative costs incurred by a local government for

  5  oversight and administration of a brownfield area

  6  redevelopment program, but instead the state grants must be

  7  used for actual site assessment and cleanup activities,

  8  including integrally related engineering design, soil removal,

  9  and soil treatment, and customary nonadministrative activities

10  undertaken in the remediation of contamination at a designated

11  brownfield site. The department shall take into consideration

12  the following factors when reviewing each applicant's grant

13  proposal:

14         (a)  The level of unemployment and poverty in the

15  census tract in the brownfield area and in which the project

16  site is located;

17         (b)  The likelihood that the proposed response action

18  will be adequate to clean up the property in accordance with

19  the requirements of all applicable laws;

20         (c)  The presence of community benefits associated with

21  the project, including, without limitation, the creation or

22  revitalization of open space;

23         (d)  The proximity of the project site to existing

24  transportation and utility infrastructure appropriate to

25  support the proposed reuse of the project site;

26         (e)  Whether the project site is located in an area

27  that has received pilot project funding for redevelopment of

28  brownfield areas from the U.S. Environmental Protection

29  Agency;

30         (f)  Whether the local government in which the project

31  site is located has made available substantial funds in

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  1  furtherance of remediation and redevelopment of the designated

  2  brownfield area; and

  3         (g)  Whether the local government having the designated

  4  brownfield area has completed any projects in the brownfield

  5  area.

  6         (2)  While grants must be applied for by municipalities

  7  or counties, the local governments may by agreement allow the

  8  grant funds to be used by local redevelopment authorities,

  9  economic development authorities, community redevelopment

10  agencies, or other similar entities approved by the municipal

11  or county governing body that has designated the brownfield

12  area under s. 376.80 and has jurisdiction over the location

13  where the redevelopment grant funds will be used.

14         (3)  Each grant requires a 20-percent match from the

15  applicant in either cash or in-kind services. A single grant

16  may not be larger than $300,000 during each state fiscal year.

17  Of each grant, no more than $100,000 may be used for site

18  assessment activities. The remainder of the grant amount is to

19  be used for cleanup activities at a brownfield site. In the

20  first fiscal year in which the Legislature provides an

21  appropriation for this grant program, the department shall

22  administer the funds to assure that at least one-half of the

23  amount available is awarded to local governments that can

24  demonstrate compliance with paragraphs (1)(e), (f), and (g).

25         (4)  The department may adopt rules to administer the

26  grant program authorized by this section relating to

27  application forms, timeframes for submission of applications,

28  notification of grant awards, and grant agreement documents

29  required.

30         Section 17.  The sum of $5 million is appropriated from

31  the General Revenue Fund to the Department of Environmental

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  1  Protection for the purpose of administering the Brownfield

  2  Redevelopment Grants Program under section 376.876, Florida

  3  Statutes, during the 2000-2001 fiscal year.

  4         Section 18.  The sum of $2.5 million is appropriated

  5  from the General Revenue Fund to the Department of

  6  Environmental Protection for the purpose of administering the

  7  State-Owned-Lands Cleanup Program under section 376.30702,

  8  Florida Statutes, during the 2000-2001 fiscal year.

  9         Section 19.  This act shall take effect July 1, 2000.

10

11            *****************************************

12                          SENATE SUMMARY

13    Provides financial incentives through tax exemptions, tax
      credits, and appropriations for new programs in
14    designated brownfield areas.

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