Senate Bill 1406c2

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    Florida Senate - 2000                    CS for CS for SB 1406

    By the Committees on Comprehensive Planning, Local and
    Military Affairs; Natural Resources; and Senator Latvala




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  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 limited liability

23         protection; amending s. 376.30781, F.S.;

24         broadening the partial tax credits for the

25         rehabilitation of certain contaminated sites;

26         clarifying provisions regarding the filing for

27         the tax credits; amending s. 376.84, F.S.;

28         authorizing entities approved by the local

29         government for the purpose of redeveloping

30         brownfield areas to use tax increment

31         financing; amending s. 376.86, F.S.; increasing

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  1         the limits of the state loan guaranty in

  2         brownfield areas; creating s. 376.876, F.S.;

  3         providing for a Brownfield Redevelopment Grants

  4         Program in the Department of Environmental

  5         Protection; specifying the uses of grant funds;

  6         requiring matching funds; authorizing the

  7         department to adopt rules; providing

  8         appropriations; repealing s. 211.3103(9), F.S.;

  9         deleting requirements for a county that accepts

10         real property of mined or reclaimed land from

11         phosphate mining companies to forfeit a portion

12         of its share of severance tax equal to the

13         value of property donated; providing an

14         effective date.

15

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

17

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

19  Statutes, is amended to read:

20         197.432  Sale of tax certificates for unpaid taxes.--

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

22  delinquent taxes on property that has been granted a homestead

23  exemption for the year in which the delinquent taxes were

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

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

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

27  197.502(4) s. 197.502(3) shall not be invoked as long as the

28  homestead exemption is granted to the person who received the

29  homestead exemption for the year in which the tax certificate

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

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

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

  2  invoked.

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

  4  (6), (7), (8), (9), (10), and (11) of section 197.502, Florida

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

  6  (7), (8), (9), (10), (11), and (12), respectively, and a new

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

  8         197.502  Application for obtaining tax deed by holder

  9  of tax sale certificate; fees.--

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

11  older exists against a parcel that is located within a

12  designated brownfield area under s. 376.80, the municipality

13  or county may file a tax deed application in the same manner

14  in which an application on a county-held tax certificate is

15  filed and processed under chapter 197.

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

17  197.522, Florida Statutes, is amended to read:

18         197.522  Notice to owner when application for tax deed

19  is made.--

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

21  certified mail with return receipt requested or by registered

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

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

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

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

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

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

28  notice shall be required.

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

30  Statutes, is amended to read:

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  1         199.1055  Contaminated site rehabilitation tax

  2  credit.--

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

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

  5  of voluntary cleanup activity that is integral to site

  6  rehabilitation at the following sites is allowed against any

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

  8  allowed by s. 220.68 for that year:

  9         1.  A drycleaning-solvent-contaminated site eligible

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

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

12  cleanup is undertaken by the real property owner pursuant to

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

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

15  facility where the contamination exists; or

16         3.  A brownfield site in a designated brownfield area

17  under s. 376.80; or.

18         4.  Any other contaminated site at which cleanup is

19  undertaken by a person pursuant to a voluntary cleanup

20  agreement approved by the Department of Environmental

21  Protection, if the person did not cause or contribute to the

22  contamination at the site.

23         (b)  For all applications received by the Department of

24  Environmental Protection by January 15, if, as of the

25  following March 1, the credits granted under paragraph (a) do

26  not exhaust the annual maximum allowable credits under

27  paragraph (g), any remaining credits may be granted for

28  petroleum-contaminated sites at which site rehabilitation is

29  being conducted pursuant to the preapproved advanced cleanup

30  program authorized in s. 376.30713, but tax credits may be

31  granted only for 35 percent of the amount of the cost-share

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  1  percentage of site rehabilitation costs paid for with private

  2  funding. Tax credit applications submitted for preapproved

  3  advanced cleanup sites shall not be included in the

  4  carry-forward provision of s. 376.30781(9), which otherwise

  5  allows applications that do not receive credits due to an

  6  exhaustion of the annual tax credit authorization to be

  7  carried forward in the same order for the next year's annual

  8  tax credit allocation, if any, based on the prior year

  9  application.

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

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

12  $250,000 per year in tax credits for each site voluntarily

13  rehabilitated. Multiple taxpayers shall receive tax credits in

14  the same proportion as their contribution to payment of

15  cleanup costs. Subject to the same conditions and limitations

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

17  voluntarily rehabilitates a site may receive not more than

18  $250,000 per year in tax credits which it can subsequently

19  transfer subject to the provisions in paragraph (h) (g).

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

21  fully used in any one year because of insufficient tax

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

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

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

25  220.1845 is ineligible to receive credit under this section in

26  a given tax year.

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

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

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

30  receive credit under this section for costs incurred by the

31  taxpayer in conjunction with the rehabilitation of that site

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  1  during the same time period that state-administered site

  2  rehabilitation was underway.

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

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

  5  annually.

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

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

  8  transferred after a merger or acquisition to the surviving or

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

10  limitations.

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

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

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

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

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

16  in this section. Such transferred credits may not be

17  transferred again although they may succeed to a surviving or

18  acquiring entity subject to the same conditions and

19  limitations as described in this section.

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

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

22  the Department of Environmental Protection or an examination

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

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

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

26  of credit taken.  Any subsequent deficiencies shall be

27  assessed against any entity acquiring and claiming such

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

29  order of credit succession.

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

31  rehabilitation at contaminated sites being voluntarily cleaned

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

  2  taxpayer may claim an additional 10 percent of the total

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

  4  cleanup as evidenced by the Department of Environmental

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

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

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

  8         212.08  Sales, rental, use, consumption, distribution,

  9  and storage tax; specified exemptions.--The sale at retail,

10  the rental, the use, the consumption, the distribution, and

11  the storage to be used or consumed in this state of the

12  following are hereby specifically exempt from the tax imposed

13  by this chapter.

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

15         (g)  Building materials used in the rehabilitation of

16  real property located in an enterprise zone or designated

17  brownfield area.--

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

19  the rehabilitation of real property located in an enterprise

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

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

22  chapter upon an affirmative showing to the satisfaction of the

23  department that the items have been used for the

24  rehabilitation of real property located in an enterprise zone

25  or designated brownfield area. Except as provided in

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

27  or lessor of the rehabilitated real property located in an

28  enterprise zone or designated brownfield area only through a

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

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

31  rehabilitated real property located in an enterprise zone or

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  1  designated brownfield area must file an application under oath

  2  with the governing body or enterprise zone development agency

  3  having jurisdiction over the enterprise zone or designated

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

  5  which includes:

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

  7  refund.

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

  9  rehabilitated real property in an enterprise zone or

10  designated brownfield area for which a refund of previously

11  paid taxes is being sought.

12         c.  A description of the improvements made to

13  accomplish the rehabilitation of the real property.

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

15  rehabilitation of the real property.

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

17  from the general contractor licensed in this state with whom

18  the applicant contracted to make the improvements necessary to

19  accomplish the rehabilitation of the real property, which

20  statement lists the building materials used in the

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

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

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

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

25  information in a sworn statement, under the penalty of

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

27  the building materials used in such rehabilitation and the

28  payment of sales tax on the building materials shall be

29  attached to the sworn statement provided by the general

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

31  building materials used in the rehabilitation of real property

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

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

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

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

  5  purposes.

  6         f.  The identifying number assigned pursuant to s.

  7  290.0065 to the enterprise zone or designated brownfield area

  8  in which the rehabilitated real property is located.

  9         g.  A certification by the local building inspector

10  that the improvements necessary to accomplish the

11  rehabilitation of the real property are substantially

12  completed.

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

14  by s. 288.703(1).

15         i.  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 designated

18  brownfield area, the identifying number assigned pursuant to

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

20  resides.

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

22  governmental agency through a refund of previously paid taxes

23  if the building materials used in the rehabilitation of real

24  property located in an enterprise zone or designated

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

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

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

28  or other governmental agency must file an application which

29  includes the same information required to be provided in

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

31  rehabilitated real property. In addition, the application must

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  1  include a sworn statement signed by the chief executive

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

  3  seeking a refund which states that the building materials for

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

  5  community development block grant or similar grant or loan

  6  program.

  7         3.  Within 10 working days after receipt of an

  8  application, the governing body or enterprise zone development

  9  agency having jurisdiction over the enterprise zone or

10  designated brownfield area shall review the application to

11  determine if it contains all the information required pursuant

12  to subparagraph 1. or subparagraph 2. and meets the criteria

13  set out in this paragraph. The governing body or agency shall

14  certify all applications that contain the information required

15  pursuant to subparagraph 1. or subparagraph 2. and meet the

16  criteria set out in this paragraph as eligible to receive a

17  refund. If applicable, the governing body or agency shall also

18  certify if 20 percent of the employees of the business are

19  residents of an enterprise zone or designated brownfield area,

20  excluding temporary and part-time employees. The certification

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

22  transmitted to the executive director of the Department of

23  Revenue. The applicant shall be responsible for forwarding a

24  certified application to the department within the time

25  specified in subparagraph 4.

26         4.  An application for a refund pursuant to this

27  paragraph must be submitted to the department within 6 months

28  after the rehabilitation of the property is deemed to be

29  substantially completed by the local building inspector.

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

31  refund application made pursuant to this paragraph. No more

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  1  than one exemption through a refund of previously paid taxes

  2  for the rehabilitation of real property shall be permitted for

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

  4  pursuant to this paragraph unless the amount to be refunded

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

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

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

  8  rehabilitation of the real property as determined pursuant to

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

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

11  enterprise zone or designated brownfield area, excluding

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

13  granted pursuant to this paragraph shall not exceed the lesser

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

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

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

17  by the department of the application for the refund.

18         6.  The department shall adopt rules governing the

19  manner and form of refund applications and may establish

20  guidelines as to the requisites for an affirmative showing of

21  qualification for exemption under this paragraph.

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

23  percent of each refund granted under the provisions of this

24  paragraph from the amount transferred into the Local

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

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

27  property is located and shall transfer that amount to the

28  General Revenue Fund.

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

30  paragraph:

31

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  1         a.  "Building materials" means tangible personal

  2  property that which becomes a component part of improvements

  3  to real property.

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

  5  s. 192.001(12).

  6         c.  "Rehabilitation of real property" means the

  7  reconstruction, renovation, restoration, rehabilitation,

  8  construction, or expansion of improvements to real property.

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

10  provided in s. 192.042(1).

11         9.  The provisions of this paragraph shall expire and

12  be void on December 31, 2005.

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

14  designated brownfield area.--

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

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

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

18  1997, in a designated brownfield area under s. 376.80, shall

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

20  inures to the business only through a refund of previously

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

22  showing by the taxpayer to the satisfaction of the department

23  that the requirements of this paragraph have been met.

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

25  oath with the governing body or enterprise zone development

26  agency having jurisdiction over the enterprise zone or

27  designated brownfield area where the business is located, as

28  applicable, an application which includes:

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

30  refund.

31

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  1         b.  The identifying number assigned pursuant to s.

  2  290.0065 to the enterprise zone or designated brownfield area

  3  in which the business is located.

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

  5  refund is sought, including its serial number or other

  6  permanent identification number.

  7         d.  The location of the property.

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

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

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

11  from whom the property was purchased.

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

13  by s. 288.703(1).

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

15  permanent employee of the business, including, for each

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

17  brownfield area, the identifying number assigned pursuant to

18  s. 290.0065 to the enterprise zone or designated brownfield

19  area in which the employee resides.

20         3.  Within 10 working days after receipt of an

21  application, the governing body or enterprise zone development

22  agency having jurisdiction over the enterprise zone or

23  designated brownfield area shall review the application to

24  determine if it contains all the information required pursuant

25  to subparagraph 2. and meets the criteria set out in this

26  paragraph. The governing body or agency shall certify all

27  applications that contain the information required pursuant to

28  subparagraph 2. and meet the criteria set out in this

29  paragraph as eligible to receive a refund. If applicable, the

30  governing body or agency shall also certify if 20 percent of

31  the employees of the business are residents of an enterprise

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  1  zone or designated brownfield area, excluding temporary and

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

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

  4  executive director of the Department of Revenue. The business

  5  shall be responsible for forwarding a certified application to

  6  the department within the time specified in subparagraph 4.

  7         4.  An application for a refund pursuant to this

  8  paragraph must be submitted to the department within 6 months

  9  after the business property is purchased.

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

11  refund application made pursuant to this paragraph. The amount

12  refunded on purchases of business property under this

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

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

15  20 percent of the employees of the business are residents of

16  an enterprise zone or designated brownfield area, excluding

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

18  purchases of business property under this paragraph shall be

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

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

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

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

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

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

25  within a 60-day time period.

26         6.  The department shall adopt rules governing the

27  manner and form of refund applications and may establish

28  guidelines as to the requisites for an affirmative showing of

29  qualification for exemption under this paragraph.

30         7.  If the department determines that the business

31  property is used outside an enterprise zone or designated

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

  2  amount of taxes refunded to the business purchasing such

  3  business property shall immediately be due and payable to the

  4  department by the business, together with the appropriate

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

  6  the manner provided by this chapter.  Notwithstanding this

  7  subparagraph, business property used exclusively in:

  8         a.  Licensed commercial fishing vessels,

  9         b.  Fishing guide boats, or

10         c.  Ecotourism guide boats

11

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

13  designated under s. 370.28 are eligible for the exemption

14  provided under this paragraph if all requirements of this

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

16  business that is eligible to receive the exemption provided

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

18  purchase of a vessel or boat.

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

20  percent of each refund granted under the provisions of this

21  paragraph from the amount transferred into the Local

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

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

24  is located and shall transfer that amount to the General

25  Revenue Fund.

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

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

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

29  as amended, except:

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

31  168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;

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  1         b.  Industrial machinery and equipment as defined in

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

  3  paragraph (b); and

  4         c.  Building materials as defined in sub-subparagraph

  5  (g)8.a.

  6         10.  The provisions of this paragraph shall expire and

  7  be void on December 31, 2005.

  8         Section 6.  Section 212.096, Florida Statutes, is

  9  amended to read:

10         212.096  Sales, rental, storage, use tax; brownfield

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

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

13  section:

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

15  firm, partnership, corporation, bank, savings association,

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

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

18  enterprise zone or a brownfield area designated under s.

19  376.80. An eligible business does not include any business

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

21  any new business employee first beginning employment with the

22  business after July 1, 1995.

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

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

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

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

27  month.

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

29  enterprise zone or a designated brownfield area, a qualified

30  Job Training Partnership Act classroom training participant,

31  or a WAGES Program participant who begins employment with an

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

  2  previously employed within the preceding 12 months by the

  3  eligible business, or a successor eligible business, claiming

  4  the credit allowed by this section.

  5

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

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

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

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

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

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

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

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

14  designated brownfield area.

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

16  provision of meaningful employment opportunities that which

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

18  encourage economic expansion of enterprise zones or designated

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

20  1995, upon an affirmative showing by a business to the

21  satisfaction of the department that the requirements of this

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

23  against the tax remitted under this chapter.

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

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

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

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

28  are residents of an enterprise zone or a designated brownfield

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

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

31  this state to each new employee;

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

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

  3  exceed $1,500 a month; or

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

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

  6  a WAGES Program participant pursuant to chapter 414.

  7

  8  For purposes of this paragraph, monthly wages shall be

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

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

11  the compensation paid to such employee that is subject to

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

13  consecutive months, beginning with the first tax return due

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

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

16  business must file under oath with the governing body or

17  enterprise zone development agency having jurisdiction over

18  the enterprise zone or designated brownfield area where the

19  business is located, as applicable, a statement which

20  includes:

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

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

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

24  enterprise zone or designated brownfield area in which the

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

26  an enterprise zone, and, if applicable, documentation that the

27  employee is a qualified Job Training Partnership Act classroom

28  training participant or a WAGES Program participant.

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

30  permanent employee of the business, including, for each

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

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  1  designated brownfield area, the identifying number assigned

  2  pursuant to s. 290.0065 to the enterprise zone or designated

  3  brownfield area in which the employee resides.

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

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

  6  new employee.

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

  8  290.0065 to the enterprise zone or designated brownfield area

  9  in which the business is located.

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

11  defined by s. 288.703(1).

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

13  application, the governing body or enterprise zone development

14  agency having jurisdiction over the enterprise zone or

15  designated brownfield area shall review the application to

16  determine if it contains all the information required pursuant

17  to this subsection and meets the criteria set out in this

18  section. The governing body or agency shall certify all

19  applications that contain the information required pursuant to

20  this subsection and meet the criteria set out in this section

21  as eligible to receive a credit. If applicable, the governing

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

23  employees of the business are residents of an enterprise zone

24  or a designated brownfield area, excluding temporary and

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

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

27  executive director of the Department of Revenue. The business

28  shall be responsible for forwarding a certified application to

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

30

31

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

  2  section must be submitted to the department within 4 months

  3  after the new employee is hired.

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

  5  support the credit authorized in this section, the department

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

  7  The business may reapply for this credit.

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

  9  apply:

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

11  stockholder of an eligible business.

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

13  period less than 3 full calendar months.

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

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

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

17  is delinquent.

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

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

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

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

22  state on that tax return.

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

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

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

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

27  affirmatively demonstrate to the satisfaction of the

28  department that it meets the requirements of this section.

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

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

31  100 percent of the credit plus interest at the rate provided

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

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

  3  775.083.

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

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

  6  2005.

  7         Section 7.  Section 220.181, Florida Statutes, is

  8  amended to read:

  9         220.181  Enterprise zone or designated brownfield area

10  jobs credit.--

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

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

13  business located in an enterprise zone or a brownfield area

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

15  employees. The credit shall be computed as follows:

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

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

18  $1,500 a month. If no less than 20 percent of the employees of

19  the business are residents of an enterprise zone or a

20  brownfield area designated under s. 376.80, excluding

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

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

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

24  consecutive months;

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

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

27  exceed $1,500 a month; or

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

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

30  a WAGES Program participant pursuant to chapter 414.

31

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

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

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

  4  months.

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

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

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

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

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

10  credits and unused credit carryovers in the order provided in

11  s. 220.02(10).

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

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

14  with the governing body or enterprise zone development agency

15  having jurisdiction over the enterprise zone or the designated

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

17  a statement which includes:

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

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

20  taxable year, including the identifying number assigned

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

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

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

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

25  applicable, documentation that the employee is a qualified Job

26  Training Partnership Act classroom training participant or a

27  WAGES Program participant.

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

29  permanent employee of the business, including, for each

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

31  designated brownfield area, the identifying number assigned

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  1  pursuant to s. 290.0065 to the enterprise zone or designated

  2  brownfield area in which the employee resides.

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

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

  5  290.0065 to the enterprise zone or designated brownfield area

  6  in which the eligible business is located.

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

  8  employee claimed.

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

10  defined by s. 288.703(1).

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

12  application, the governing body or enterprise zone development

13  agency having jurisdiction over the enterprise zone or

14  designated brownfield area shall review the application to

15  determine if it contains all the information required pursuant

16  to subsection (2) and meets the criteria set out in this

17  section. The governing body or agency shall certify all

18  applications that contain the information required pursuant to

19  subsection (2) and meet the criteria set out in this section

20  as eligible to receive a credit. If applicable, the governing

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

22  employees of the business are residents of an enterprise zone

23  or designated brownfield area, excluding temporary and

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

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

26  executive director of the Department of Revenue. The business

27  shall be responsible for forwarding a certified application to

28  the department.

29         (4)  It shall be the responsibility of the taxpayer to

30  affirmatively demonstrate to the satisfaction of the

31  department that it meets the requirements of this act.

                                  24

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  1         (5)  For the purpose of this section, the term "month"

  2  means either a calendar month or the time period from any day

  3  of any month to the corresponding day of the next succeeding

  4  month or, if there is no corresponding day in the next

  5  succeeding month, the last day of the succeeding month.

  6         (6)  No business which files an amended return for a

  7  taxable year shall be allowed any amount of credit or credit

  8  carryforward pursuant to this section in excess of the amount

  9  claimed by such business on its original return for the

10  taxable year. The provisions of this subsection do not apply

11  to increases in the amount of credit claimed under this

12  section on an amended return due to the use of any credit

13  amount previously carried forward for the taxable year on the

14  original return or any eligible prior year under paragraph

15  (1)(c).

16         (7)  Any business which has claimed this credit shall

17  not be allowed any credit under the provision of s. 212.096

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

19  The provisions of this subsection shall not apply when a

20  corporation converts to an S corporation for purposes of

21  compliance with the Internal Revenue Code of 1986, as amended;

22  however, no corporation shall be allowed the benefit of this

23  credit and the credit under s. 212.096 either for the same new

24  employee or for the same taxable year. In addition, such a

25  corporation shall not be allowed any credit under s. 212.096

26  until it has filed notice of its intent to change its status

27  for tax purposes and until its final return under this chapter

28  for the taxable year prior to such change has been filed.

29         (8)(a)  Any person who fraudulently claims this credit

30  is liable for repayment of the credit, plus a mandatory

31  penalty in the amount of 200 percent of the credit, plus

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  1  interest at the rate provided in s. 220.807, and commits a

  2  felony of the third degree, punishable as provided in s.

  3  775.082, s. 775.083, or s. 775.084.

  4         (b)  Any person who makes an underpayment of tax as a

  5  result of a grossly overstated claim for this credit is guilty

  6  of a felony of the third degree, punishable as provided in s.

  7  775.082, s. 775.083, or s. 775.084. For purposes of this

  8  paragraph, a grossly overstated claim means a claim in an

  9  amount in excess of 100 percent of the amount of credit

10  allowable under this section.

11         (9)  The provisions of this section, except paragraph

12  (1)(c) and subsection (8), shall expire and be void on June

13  30, 2005, and no business shall be allowed to begin claiming

14  such enterprise zone jobs credit after that date; however, the

15  expiration of this section shall not affect the operation of

16  any credit for which a business has qualified under this

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

18  credit amounts as provided in paragraph (1)(c).

19         Section 8.  Section 220.182, Florida Statutes, is

20  amended to read:

21         220.182  Enterprise zone and brownfield area property

22  tax credit.--

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

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

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

26  220.03(1)(p)2., expands an existing business as defined in s.

27  220.03(1)(k)2., or rebuilds an existing business as defined in

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

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

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

31  state resulting from assessments on additional real or

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  1  tangible personal property acquired to facilitate the

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

  3  paid in this state resulting from assessments on property

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

  5  including pollution and waste control facilities, or any part

  6  thereof, and including one or more buildings or other

  7  structures, machinery, fixtures, and equipment.

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

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

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

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

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

13  such year under this section after applying the other credits

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

15  220.02(10). The amount of credit taken under this section in

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

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

18  residents of an enterprise zone or a brownfield area

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

20  amount shall not exceed $50,000.

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

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

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

24  on the form prescribed by the department for claiming the

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

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

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

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

29  granting of each annual tax credit that such employment

30  requirements be fulfilled throughout each year during the

31  5-year period of the credit. The statement shall set forth the

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

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

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

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

  5  full calendar month the employee was employed or eligible for

  6  the credit at the relevant site.

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

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

  9  are first levied against the business and the 4 years

10  immediately thereafter. The credit shall be available to an

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

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

13  or tangible personal property acquired to facilitate the

14  expansion or rebuilding and the 4 years immediately

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

16  authorized by this section, except any amount attributable to

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

18  consecutive years.

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

20  designated brownfield area property tax credit, a new,

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

22  property appraiser of the county in which the business

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

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

25  additional real or tangible personal property acquired to

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

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

28  prescribed by the department and shall include separate

29  descriptions of:

30         (a)  Real and tangible personal property owned or

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

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

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

  3  facility.

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

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

  6  business shall include a copy of its receipt indicating

  7  payment of ad valorem taxes for the current year.

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

  9  brownfield area property tax credit as an expanded or rebuilt

10  business, a business shall include copies of its receipts

11  indicating payment of ad valorem taxes for the current year

12  for prior existing property and for expansion-related or

13  rebuilt property.

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

15  shall indicate the assessed value of the property, the

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

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

18  assessed as expansion-related or rebuilt property.

19         (8)  The department has authority to adopt rules

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

21  provisions of this act.

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

23  affirmatively demonstrate to the satisfaction of the

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

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

26  designated brownfield area property tax credit as an expansion

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

28  condition precedent to the granting of each annual tax credit

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

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

31  preceding the initial granting of the credit.

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

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

  3  rebuilt business must file under oath with the governing body

  4  or enterprise zone development agency having jurisdiction over

  5  the enterprise zone or the designated brownfield area where

  6  the business is located, as applicable, an application

  7  prescribed by the department for claiming the credit

  8  authorized by this section. Within 10 working days after

  9  receipt of an application, the governing body or enterprise

10  zone development agency shall review the application to

11  determine if it contains all the information required pursuant

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

13  section. The governing body or agency shall certify all

14  applications that contain the information required pursuant to

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

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

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

18  employees of the business are residents of an enterprise zone

19  or a designated brownfield area, excluding temporary and

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

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

22  executive director of the Department of Revenue. The business

23  shall be responsible for forwarding all certified applications

24  to the department.

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

26  designated brownfield area property tax credit, a business

27  shall include the identifying number assigned pursuant to s.

28  290.0065 to the enterprise zone in which the business is

29  located.

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

31  designated brownfield area property tax credit, a business

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  1  shall indicate whether the business is a small business as

  2  defined by s. 288.703(1).

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

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

  5  begin claiming such enterprise zone or designated brownfield

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

  7  expiration of this section shall not affect the operation of

  8  any credit for which a business has qualified under this

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

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

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

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

13  amended to read:

14         220.183  Community contribution tax credit.--

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

16         (a)  There exist in the counties and municipalities

17  conditions of blight evidenced by extensive deterioration of

18  public and private facilities, abandonment of sound

19  structures, and high unemployment which conditions impede the

20  conservation and development of healthy, safe, and

21  economically viable communities.

22         (b)  Deterioration of housing and industrial,

23  commercial, and public facilities contributes to the decline

24  of neighborhoods and communities and leads to the loss of

25  their historic character and the sense of community which this

26  inspires; reduces the value of property comprising the tax

27  base of local communities; discourages private investment; and

28  requires a disproportionate expenditure of public funds for

29  the social services, unemployment benefits, and police

30  protection required to combat the social and economic problems

31  found in slum communities.

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

  2  viability to enterprise zones and brownfield areas designated

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

  4  housing, water and sewer infrastructure, and transportation

  5  facilities and to specifically provide mechanisms to attract

  6  and encourage private economic activity.

  7         (d)  The various local governments and other

  8  redevelopment organizations now undertaking physical

  9  revitalization projects are limited by tightly constrained

10  budgets and inadequate resources.

11         (e)  In order to significantly improve revitalization

12  efforts by local governments and community development

13  organizations and to retain as much of the historic character

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

15  additional resources, and the participation of private

16  enterprise in revitalization efforts is an effective means for

17  accomplishing that goal.

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

19  state to encourage the participation of private corporations

20  in revitalization projects undertaken by public redevelopment

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

22  the greatest extent possible an incentive for such

23  participation by granting partial state income tax credits to

24  corporations that contribute resources to public redevelopment

25  organizations for the revitalization of enterprise zones and

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

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

28  historically significant properties within enterprise zones or

29  brownfield areas designated under s. 376.80 to the greatest

30  extent possible. The Legislature thus declares this a public

31

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

  2  loaned, and granted.

  3         (4)  ELIGIBILITY REQUIREMENTS.--

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

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

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

  7  construct or rehabilitate low-income housing is exempt from

  8  the area requirement of this paragraph.

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

10  Florida Statutes, is amended to read:

11         220.1845  Contaminated site rehabilitation tax

12  credit.--

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

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

15  of voluntary cleanup activity that is integral to site

16  rehabilitation at the following sites is allowed against any

17  tax due for a taxable year under this chapter:

18         1.  A drycleaning-solvent-contaminated site eligible

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

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

21  cleanup is undertaken by the real property owner pursuant to

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

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

24  facility where the contamination exists; or

25         3.  A brownfield site in a designated brownfield area

26  under s. 376.80; or.

27         4.  Any other contaminated site at which cleanup is

28  undertaken by a person pursuant to a voluntary cleanup

29  agreement approved by the Department of Environmental

30  Protection, if the person did not cause or contribute to the

31  contamination at the site.

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  1         (b)  For all applications received by the Department of

  2  Environmental Protection by January 15, if, as of the

  3  following March 1, the credits granted under paragraph (a) do

  4  not exhaust the annual maximum allowable credits under

  5  paragraph (h), any remaining credits may be granted for

  6  petroleum-contaminated sites at which site rehabilitation is

  7  being conducted pursuant to the preapproved advanced cleanup

  8  program authorized in s. 376.30713, but tax credits may be

  9  granted only for 35 percent of the amount of the cost-share

10  percentage of site rehabilitation costs paid for with private

11  funding. Tax credit applications submitted for preapproved

12  advanced cleanup sites shall not be included in the

13  carry-forward provision of s. 376.30781(9), which otherwise

14  allows applications that do not receive credits due to an

15  exhaustion of the annual tax credit authorization to be

16  carried forward in the same order for the next year's annual

17  tax credit allocation, if any, based on the prior year

18  application.

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

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

21  $250,000 per year in tax credits for each site voluntarily

22  rehabilitated. Multiple taxpayers shall receive tax credits in

23  the same proportion as their contribution to payment of

24  cleanup costs. Subject to the same conditions and limitations

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

26  voluntarily rehabilitates a site may receive not more than

27  $250,000 per year in tax credits which it can subsequently

28  transfer subject to the provisions in paragraph (i) (h).

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

30  fully used in any one year because of insufficient tax

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

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

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

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

  4  which the corporation is eligible in that year under this

  5  section after applying the other credits and unused carryovers

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

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

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

  9  220.131(1) may be allowed the credit on a consolidated return

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

11  taxpayer that incurred the rehabilitation costs.

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

13  199.1055 is ineligible to receive credit under this section in

14  a given tax year.

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

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

17  drycleaning-solvent-contaminated site is ineligible to receive

18  credit under this section for costs incurred by the taxpayer

19  in conjunction with the rehabilitation of that site during the

20  same time period that state-administered site rehabilitation

21  was underway.

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

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

24  annually.

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

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

27  transferred after a merger or acquisition to the surviving or

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

29  limitations.

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

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

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

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

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

  4  in this section. Such transferred credits may not be

  5  transferred again although they may succeed to a surviving or

  6  acquiring entity subject to the same conditions and

  7  limitations as described in this section.

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

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

10  the Department of Environmental Protection or an examination

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

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

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

14  of credit taken.  Any subsequent deficiencies shall be

15  assessed against any entity acquiring and claiming such

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

17  order of credit succession.

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

19  rehabilitation at contaminated sites being voluntarily cleaned

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

21  taxpayer may claim an additional 10 percent of the total

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

23  cleanup as evidenced by the Department of Environmental

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

25         Section 11.  Section 290.007, Florida Statutes, is

26  amended to read:

27         290.007  State incentives available in enterprise zones

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

29  by the state to encourage the revitalization of enterprise

30  zones and brownfield areas designated under s. 376.80:

31

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

  2  brownfield area jobs credit provided in s. 220.181.

  3         (2)  The enterprise zone or designated brownfield area

  4  property tax credit provided in s. 220.182.

  5         (3)  The community contribution tax credits provided in

  6  ss. 220.183 and 624.5105.

  7         (4)  The sales tax exemption for building materials

  8  used in the rehabilitation of real property in enterprise

  9  zones or designated brownfield areas provided in s.

10  212.08(5)(g).

11         (5)  The sales tax exemption for business equipment

12  used in an enterprise zone or a designated brownfield area

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

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

15  in an enterprise zone or a designated brownfield area provided

16  in s. 212.08(15).

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

18  brownfield area jobs credit against the sales tax provided in

19  s. 212.096.

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

21  Public Service Commission may allow public utilities and

22  telecommunications companies to grant discounts of up to 50

23  percent on tariffed rates for services to small businesses

24  located in an enterprise zone designated pursuant to s.

25  290.0065 or a brownfield area designated under s.376.80. Such

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

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

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

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

30         Section 12.  Section 376.30702, Florida Statutes, is

31  created to read:

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  1         376.30702  The State-Owned-Lands Cleanup Program;

  2  findings; intent; purpose; program requirements; limited

  3  liability protection; cost recovery.--

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

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

  6  declares that:

  7         (a)  Significant quantities of pollutants or hazardous

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

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

10  the normal operation of facilities that existed on the

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

12  acquiring title to the property, or the discharges resulted

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

14         (b)  These discharges of pollutants and hazardous

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

16  the quality of the groundwaters and inland surface waters of

17  this state.

18         (c)  Where contamination of the groundwater or surface

19  water has occurred, remedial measures have often been delayed

20  for long periods while determinations as to liability and the

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

22  resulted in the continuation and intensification of the threat

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

24  to the environment; and in significantly higher costs to

25  contain and remove the contamination.

26         (d)  Adequate financial resources must be readily

27  available to provide for the expeditious supply of safe and

28  reliable alternative sources of potable water to affected

29  persons and to provide a means for investigation and

30  rehabilitation without delay of contaminated sites on

31  state-owned lands.

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  1         (e)  Site rehabilitation at contaminated sites on

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

  3  contamination may pose to the environment and public health,

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

  5  the degree to which contamination may spread and place the

  6  public or the environment at risk.

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

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

  9  Cleanup Program to be administered by the department. To

10  encourage detection, reporting, and cleanup of contamination

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

12  guidelines established in this section, implement a cleanup

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

14  rehabilitation for all state-owned property contaminated by

15  discharges of pollutants or hazardous substances that are

16  reported to the department. It is not the intent of this

17  program to provide funding for environmental compliance for

18  ongoing operations on state-owned lands.

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

20  annual appropriation from the Legislature. Continued state

21  funding will not be considered an entitlement or a vested

22  right under this section. The department shall not obligate

23  funds in excess of the annual appropriation for this program.

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

25  contamination on state-owned lands caused by pollutants or

26  hazardous substances may pose a threat to the environment or

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

28  obligate moneys available under this section to provide for: 

29         1.  Prompt investigation and assessment of the

30  contaminated site.

31

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  1         2.  Expeditious treatment, restoration, or replacement

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

  3         3.  Rehabilitation of contaminated sites, which shall

  4  consist of rehabilitation of affected soil, groundwater,

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

  6  alternative that is technologically feasible and reliable and

  7  that provides adequate protection of the public health,

  8  safety, and welfare and minimizes environmental damage, in

  9  accordance with the rehabilitation criteria established by the

10  department under s. 376.30701, except that nothing in this

11  subsection may be construed to authorize the department to

12  obligate funds for payment of costs that may be associated

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

14         4.  Maintenance and monitoring of contaminated sites.

15         5.  Inspection and supervision of activities described

16  in this subsection.

17         6.  Payment of expenses incurred by the department in

18  its efforts to obtain from responsible parties the payment or

19  recovery of reasonable costs resulting from the activities

20  described in this subsection.

21         7.  Payment of any other reasonable costs of

22  administration, including those administrative costs incurred

23  by the Department of Health in providing field and laboratory

24  services, toxicological risk assessment, and other assistance

25  to the department in the investigation of drinking water

26  contamination complaints and costs associated with public

27  information and education activities.

28         8.  Reasonable costs of restoring property as nearly as

29  practicable to the conditions that existed prior to activities

30  associated with contamination assessment or remedial action.

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

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  1         (a) The department shall determine the priority ranking

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

  3  criteria listed in s. 376.3078(7) and (8), except for s.

  4  376.3078(7)(e). In applying s. 376.3078(8)(h), the department

  5  shall consider all pollutants and hazardous substances. It is

  6  the intent of the Legislature that site rehabilitation be

  7  conducted first at those sites that pose the greatest threat

  8  to human health and the environment, within the availability

  9  of funds appropriated annually for this program. However,

10  nothing in this subsection shall be construed to restrict the

11  department from modifying the priority status of a

12  rehabilitation site where conditions warrant, taking into

13  consideration the actual distance between the contamination

14  site and groundwater or surface water receptors or other

15  factors that affect the risk of exposure to pollutants and

16  hazardous substances.

17         (b)  The department shall conduct site rehabilitation

18  at contaminated sites being cleaned up under this program

19  using the cleanup criteria established in s. 376.30701 and

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

21  may hereafter be amended.

22         (c)  It is recognized that restoration of groundwater

23  resources contaminated with pollutants or hazardous substances

24  may not be achievable using currently available technology. In

25  situations where the use of available technology is not

26  expected to achieve water quality standards, the department

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

28  that has engineering and cost data available.

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

30  the department from temporarily postponing completion of any

31  site rehabilitation activities at a contaminated site on

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

  2  this section whenever the postponement is deemed necessary in

  3  order to make funds available for rehabilitation of another

  4  contamination site on state-owned lands having a higher

  5  priority status.

  6         (e)  Regardless of a site's priority ranking, the

  7  department is authorized to temporarily postpone site

  8  rehabilitation at a contaminated site on state-owned lands for

  9  which federal funding may be available pursuant to the

10  Formerly Used Defense Sites Program. The department, at its

11  discretion, may proceed with state-funded cleanup of such

12  sites if the likelihood of timely federal response is low.

13         (4)  LIMITED LIABILITY PROTECTION.--

14         (a)  The department shall not compel any state agency

15  that controls or manages state-owned lands that are

16  contaminated with pollutants or hazardous substances to

17  conduct site rehabilitation at a contaminated site that has

18  been reported to the department pursuant to paragraph (2)(a).

19  Further, notwithstanding subsection (5), the department shall

20  not pursue cost recovery from any such state agency for site

21  rehabilitation costs incurred to cleanup state-owned lands

22  that are contaminated with pollutants or hazardous substances.

23         (b)  Except as provided in paragraph (a), this section

24  shall not affect the department's ability or authority to

25  pursue enforcement against any person who may have liability

26  for site rehabilitation with respect to a contaminated site on

27  state-owned lands.

28         (c)  This section shall not affect the ability or

29  authority to seek contribution from any person who may have

30  liability with respect to a contaminated site on state-owned

31  lands.

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  1         (d)  Nothing in this section shall subject the

  2  department to liability for any action that may be required of

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

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

  5  Federal Government entity.

  6         (5)  DEPARTMENTAL DUTY TO SEEK RECOVERY AND

  7  REIMBURSEMENT.--Except as provided in subsection (4) and as

  8  otherwise provided by law, the department may recover from any

  9  person causing or having caused the discharge of pollutants or

10  hazardous substances on state-owned lands all sums owed or

11  expended for site rehabilitation at a site designated under

12  the State-Owned-Lands Cleanup Program. For the purposes of s.

13  95.11, the limitation period within which to institute an

14  action to recover such sums shall commence on the last date on

15  which any such sums were expended and not the date on which

16  the discharge occurred.

17         Section 13.  Section 376.30781, Florida Statutes, is

18  amended to read:

19         376.30781  Partial tax credits for rehabilitation of

20  drycleaning-solvent-contaminated sites and brownfield sites in

21  designated brownfield areas; application process; rulemaking

22  authority; revocation authority.--

23         (1)  The Legislature finds that:

24         (a)  To facilitate property transactions and economic

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

26  encourage the voluntary cleanup, at the earliest possible

27  time, of contaminated drycleaning-solvent-contaminated sites

28  and brownfield sites in designated brownfield areas.

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

30  the voluntary cleanup of contaminated

31  drycleaning-solvent-contaminated sites and brownfield sites in

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  1  designated brownfield areas by providing a partial tax credit

  2  for the restoration of such property in specified

  3  circumstances.

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

  5  costs of voluntary cleanup activity that is integral to site

  6  rehabilitation at the following sites is allowed pursuant to

  7  ss. 199.1055 and 220.1845:

  8         1.  A drycleaning-solvent-contaminated site eligible

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

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

11  cleanup is undertaken by the real property owner pursuant to

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

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

14  facility where the contamination exists; or

15         3.  A brownfield site in a designated brownfield area

16  under s. 376.80; or.

17         4.  Any other contaminated site at which cleanup is

18  undertaken by a person pursuant to a voluntary cleanup

19  agreement approved by the Department of Environmental

20  Protection, if the person did not cause or contribute to the

21  contamination at the site.

22         (b)  For all applications received by the Department of

23  Environmental Protection by January 15, if, as of the

24  following March 1, the credits granted under paragraph (a) do

25  not exhaust the annual maximum allowable credits under

26  subsection (3), any remaining credits may be granted for

27  petroleum-contaminated sites at which site rehabilitation is

28  being conducted pursuant to the preapproved advanced cleanup

29  program authorized in s. 376.30713, but tax credits may be

30  granted only for 35 percent of the amount of the cost-share

31  percentage of site rehabilitation costs paid for with private

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  1  funding. Tax credit applications submitted for preapproved

  2  advanced cleanup sites shall not be included in the

  3  carry-forward provision of subsection (9), which otherwise

  4  allows applications that do not receive credits due to an

  5  exhaustion of the annual tax credit authorization to be

  6  carried forward in the same order for the next year's annual

  7  tax credit allocation, if any, based on the prior year

  8  application.

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

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

11  $250,000 per year in tax credits for each site voluntarily

12  rehabilitated. Multiple taxpayers shall receive tax credits in

13  the same proportion as their contribution to payment of

14  cleanup costs. Tax credits are available only for site

15  rehabilitation conducted during the calendar tax year for in

16  which the tax credit application is submitted.

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

18  rehabilitation at contaminated sites that are being

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

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

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

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

23  the Department of Environmental Protection issuing a "no

24  further action" order for that site.

25         (3)  The Department of Environmental Protection shall

26  be responsible for allocating the tax credits provided for in

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

28  in tax credits annually.

29         (4)  To claim the credit for site rehabilitation

30  conducted during the current calendar year, each applicant

31  must apply to the Department of Environmental Protection for

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

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

  3  Department of Environmental Protection in cooperation with the

  4  Department of Revenue. The form shall include an affidavit

  5  from each applicant certifying that all information contained

  6  in the application, including all records of costs incurred

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

  8  correct. If the application is submitted pursuant to

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

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

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

12  facility where the contamination exists. If the application is

13  submitted under subparagraph (2)(a)4., the form must include

14  an affidavit signed by the person agreeing to conduct

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

16  contribute to the contamination at the site. Approval of

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

18  first-served basis based upon the date complete applications

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

20  shall submit only one complete application per site for each

21  calendar year's site rehabilitation costs. Placeholder

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

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

24  be eligible for a tax credit the applicant must:

25         (a)  Have entered into a voluntary cleanup agreement

26  with the Department of Environmental Protection for a

27  contaminated drycleaning-solvent-contaminated site or into a

28  Brownfield Site Rehabilitation Agreement, as applicable; and

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

30  376.3078(3)(d) for eligible drycleaning-solvent-cleanup

31  program sites.

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

  2  must annually file an application for certification, which

  3  must be received by the Department of Environmental

  4  Protection's Division of Waste Management Protection by

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

  6  site rehabilitation costs are being claimed in a tax credit

  7  application December 31. The applicant must provide all

  8  pertinent information requested on the tax credit application

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

10  applicant and the address and tracking identification number

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

12  applicant must submit the following:

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

14  the Water Quality Assurance Trust Fund to cover the

15  administrative costs associated with the department's review

16  of the tax credit application;

17         (b)  Copies of contracts and documentation of contract

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

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

20  transactions involving actual costs incurred for that tax year

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

22  376.301 and 376.79;

23         (c)  Proof that the documentation submitted pursuant to

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

25  certified public accountant in accordance with standards

26  established by the American Institute of Certified Public

27  Accountants. Specifically, the certified public accountant

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

29  and paid by conducting an independent review of the data

30  presented by the applicant. Accuracy and validity of costs

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

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  1  was certified by an appropriate professional registered in

  2  this state in each contributing technical discipline.  The

  3  certified public accountant's report would also attest that

  4  the costs included in the application form are not duplicated

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

  6  shall be submitted to the Department of Environmental

  7  Protection with the tax credit application; and

  8         (d)  A certification form stating that site

  9  rehabilitation activities associated with the documentation

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

11  the observation of, and related technical documents have been

12  signed and sealed by, an appropriate professional registered

13  in this state in each contributing technical discipline. The

14  certification form shall be signed and sealed by the

15  appropriate registered professionals stating that the costs

16  incurred were integral, necessary, and required for site

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

18  376.79.

19         (6)  The certified public accountant and appropriate

20  registered professionals submitting forms as part of a tax

21  credit application must verify such forms. Verification must

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

23  the provisions of s. 92.525(3).

24         (7)  The Department of Environmental Protection shall

25  review the tax credit application and any supplemental

26  documentation that the applicant may submit before the annual

27  application deadline in order to have the application

28  considered complete submitted by each applicant, for the

29  purpose of verifying that the applicant has met the qualifying

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

31  required documentation listed in subsection (5). Upon

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  1  verification that the applicant has met these requirements,

  2  the department shall issue a written decision granting

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

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

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

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

  7  the report of the certified public accountant and the

  8  certifications from the appropriate registered technical

  9  professionals.

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

11  Environmental Protection shall inform each eligible applicant

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

13  partial tax credit and provide each eligible applicant with a

14  tax credit certificate that must be submitted with its tax

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

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

17  credits exceed the amount of tax owed.

18         (9)  Except for applicants for sites listed in

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

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

21  annual tax credit authorization, such application will then be

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

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

24  prior year application.

25         (10)  The Department of Environmental Protection may

26  adopt rules to prescribe the necessary forms required to claim

27  tax credits under this section and to provide the

28  administrative guidelines and procedures required to

29  administer this section. Prior to the adoption of rules

30  regulating the tax credit application, the department shall,

31

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  1  by September 1, 1998, establish reasonable interim application

  2  requirements and forms.

  3         (11)  The Department of Environmental Protection may

  4  revoke or modify any written decision granting eligibility for

  5  partial tax credits under this section if it is discovered

  6  that the tax credit applicant submitted any false statement,

  7  representation, or certification in any application, record,

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

  9  partial tax credits under this section. The Department of

10  Environmental Protection shall immediately notify the

11  Department of Revenue of any revoked or modified orders

12  affecting previously granted partial tax credits.

13  Additionally, the taxpayer must notify the Department of

14  Revenue of any change in its tax credit claimed.

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

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

17  for rehabilitation of a drycleaning-solvent-contaminated site

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

19  220.1845 for costs incurred by the taxpayer in conjunction

20  with the rehabilitation of that site during the same time

21  period that state-administered site rehabilitation was

22  underway.

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

24  rehabilitation under the preapproved advanced cleanup program

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

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

27  site rehabilitation costs paid for by the state.

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

29  the Legislature intends to allow tax credit applications filed

30  under paragraphs (2)(a)4. and (2)(b) to include site

31  rehabilitation costs for the entire 2000 calendar year rather

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  1  than only those costs incurred and paid from July 1, 2000,

  2  forward.

  3         Section 14.  Section 376.84, Florida Statutes, is

  4  amended to read:

  5         376.84  Brownfield redevelopment economic

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

  7  brownfield redevelopment activities be viewed as opportunities

  8  to significantly improve the utilization, general condition,

  9  and appearance of these sites. Alternative Different standards

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

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

12  extent to encourage the redevelopment of a brownfield. State

13  and local governments are encouraged to offer redevelopment

14  incentives for this purpose, as an ongoing public investment

15  in infrastructure and services, to help eliminate the public

16  health and environmental hazards, and to promote the creation

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

18  financial, regulatory, and technical assistance to persons and

19  businesses involved in the redevelopment of the brownfield

20  pursuant to this act.

21         (1)  Financial incentives and local incentives for

22  redevelopment may include, but not be limited to:

23         (a)  Tax increment financing through community

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

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

26  purpose of redeveloping brownfield areas.

27         (b)  Enterprise zone tax exemptions for businesses

28  pursuant to chapters 196 and 290.

29         (c)  Safe neighborhood improvement districts as

30  provided in ss. 163.501-163.523.

31

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

  2  business with respect to occupational license taxes pursuant

  3  to chapter 205.

  4         (e)  Tax exemption for historic properties as provided

  5  in s. 196.1997.

  6         (f)  Residential electricity exemption of up to the

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

  8  public service tax pursuant to s. 166.231.

  9         (g)  Minority business enterprise programs as provided

10  in s. 287.0943.

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

12  166.231(6).

13         (i)  Economic development tax abatement as provided in

14  s. 196.1995.

15         (j)  Grants, including community development block

16  grants.

17         (k)  Pledging of revenues to secure bonds.

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

19  loan pools.

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

21  signage, and other business improvements.

22         (n)  Governmental coordination of loan programs with

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

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

25  sublease loans, and private equity.

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

27  within criteria, and marginal cost pricing.

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

29  limited to:

30         (a)  Cities' absorption of developers' concurrency

31  needs.

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  1         (b)  Developers' performance of certain analyses.

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

  3  requirements.

  4         (d)  Water and sewer regulatory incentives.

  5         (e)  Waiver of transportation impact fees and permit

  6  fees.

  7         (f)  Zoning incentives to reduce review requirements

  8  for redevelopment changes in use and occupancy; establishment

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

10  for previous use within the area.

11         (g)  Flexibility in parking standards and buffer zone

12  standards.

13         (h)  Environmental management through specific code

14  criteria and conditions allowed by current law.

15         (i)  Maintenance standards and activities by ordinance

16  and otherwise, and increased security and crime prevention

17  measures available through special assessments.

18         (j)  Traffic-calming measures.

19         (k)  Historic preservation ordinances, loan programs,

20  and review and permitting procedures.

21         (l)  One-stop permitting and streamlined development

22  and permitting process.

23         (3)  Technical assistance incentives may include, but

24  not be limited to:

25         (a)  Expedited development applications.

26         (b)  Formal and informal information on business

27  incentives and financial programs.

28         (c)  Site design assistance.

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

30         (4)  A local government having a designated brownfield

31  area under s. 376.80 and a brownfield site rehabilitation

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

  2  revenue bonds under s. 163.385 and employ tax increment

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

  4  implementation of the brownfield site rehabilitation agreement

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

  6  brownfield area, except that in a charter county such

  7  incentive shall be employed consistent with the provisions of

  8  s. 163.410.

  9         (5)  A local government having a designated brownfield

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

11  powers granted under s. 163.514 for community redevelopment

12  improvement districts, including the authority to levy special

13  assessments when such mechanisms will assist in revitalizing

14  the brownfield area.

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

16  Statutes, is amended to read:

17         376.86  Brownfield Areas Loan Guarantee Program.--

18         (1)  The Brownfield Areas Loan Guarantee Council is

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

20  its membership, the situations and circumstances for

21  participation in partnerships by agreements with local

22  governments, financial institutions, and others associated

23  with the redevelopment of brownfield areas pursuant to the

24  Brownfields Redevelopment Act for a limited state guaranty of

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

26  issued pursuant to law. The limited state loan guaranty

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

28  loans for redevelopment projects in brownfield areas. A

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

30  is authorized for lenders licensed to operate in the state

31  upon a determination by the council that such an arrangement

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

  2  the success of the loan is great.

  3         Section 16.  Section 376.876, Florida Statutes, is

  4  created to read:

  5         376.876  Brownfield Redevelopment Grants Program.--

  6         (1)  The Department of Environmental Protection shall

  7  administer a program to make grants to local governments that

  8  have designated brownfield areas under s. 376.80 and need

  9  financial assistance for site assessment and cleanup

10  activities to make the redevelopment project financially

11  feasible. The grants may not be used for general

12  administrative costs incurred by a local government for

13  oversight and administration of a brownfield area

14  redevelopment program, but instead the state grants must be

15  used for actual site assessment and cleanup activities,

16  including integrally related engineering design, soil removal,

17  and soil treatment, and customary nonadministrative activities

18  undertaken in the remediation of contamination at a designated

19  brownfield site. The department shall take into consideration

20  the following factors when reviewing each applicant's grant

21  proposal:

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

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

24  site is located;

25         (b)  The likelihood that the proposed response action

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

27  the requirements of all applicable laws;

28         (c)  The presence of community benefits associated with

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

30  revitalization of open space;

31

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

  2  transportation and utility infrastructure appropriate to

  3  support the proposed reuse of the project site;

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

  5  that has received pilot project funding for redevelopment of

  6  brownfield areas from the U.S. Environmental Protection

  7  Agency;

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

  9  site is located has made available substantial funds in

10  furtherance of remediation and redevelopment of the designated

11  brownfield area; and

12         (g)  Whether the local government having the designated

13  brownfield area has completed any projects in the brownfield

14  area.

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

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

17  grant funds to be used by local redevelopment authorities,

18  economic development authorities, community redevelopment

19  agencies, or other similar entities approved by the municipal

20  or county governing body that has designated the brownfield

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

22  where the redevelopment grant funds will be used.

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

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

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

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

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

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

29  first fiscal year in which the Legislature provides an

30  appropriation for this grant program, the department shall

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

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  1  amount available is awarded to local governments that can

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

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

  4  grant program authorized by this section relating to

  5  application forms, timeframes for submission of applications,

  6  notification of grant awards, and grant agreement documents

  7  required.

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

  9  the General Revenue Fund to the Department of Environmental

10  Protection for the purpose of administering the Brownfield

11  Redevelopment Grants Program under section 376.876, Florida

12  Statutes, during the 2000-2001 fiscal year.

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

14  from the General Revenue Fund to the Department of

15  Environmental Protection for the purpose of administering the

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

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

18         Section 19.  Subsection (9) of section 211.3103,

19  Florida Statutes, is repealed.

20         Section 20.  This act shall take effect July 1, 2000.

21

22          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
23                            CS/SB 1406

24

25  Makes technical changes to appropriately reference designated
    brownfield areas in provisions extending tax credits currently
26  granted to enterprise zones to designated brownfield areas.

27  Provides a statute of limitations period for actions brought
    by the Department of Environmental Protection to recover
28  cleanup costs expended under the State-Owned-Lands Cleanup
    Program.
29

30

31

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