(LATE FILED)	Amendment
Bill No. 7131

Amendment No. 366347

CHAMBER ACTION
Senate		House
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1	Representative Needelman offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Subsection (1) of section 199.1055, Florida
6	Statutes, is amended to read:
7	199.1055  Contaminated site rehabilitation tax credit.--
8	(1)  AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.--
9	(a)  A credit in the amount of 50 35 percent of the costs
10	of voluntary cleanup activity that is integral to site
11	rehabilitation at the following sites is available against any
12	tax due for a taxable year under s. 199.032, less any credit
13	allowed by former s. 220.68 for that year:
14	1.  A drycleaning-solvent-contaminated site eligible for
15	state-funded site rehabilitation under s. 376.3078(3);
16	2.  A drycleaning-solvent-contaminated site at which
17	cleanup is undertaken by the real property owner pursuant to s.
18	376.3078(11), if the real property owner is not also, and has
19	never been, the owner or operator of the drycleaning facility
20	where the contamination exists; or
21	3.  A brownfield site in a designated brownfield area under
22	s. 376.80.
23	(b)  A tax credit applicant, or multiple tax credit
24	applicants working jointly to clean up a single site, may not be
25	granted more than $500,000 $250,000 per year in tax credits for
26	each site voluntarily rehabilitated. Multiple tax credit
27	applicants shall be granted tax credits in the same proportion
28	as their contribution to payment of cleanup costs. Subject to
29	the same conditions and limitations as provided in this section,
30	a municipality, county, or other tax credit applicant which
31	voluntarily rehabilitates a site may receive not more than
32	$500,000 $250,000 per year in tax credits which it can
33	subsequently transfer subject to the provisions in paragraph
34	(g).
35	(c)  If the credit granted under this section is not fully
36	used in any one year because of insufficient tax liability on
37	the part of the tax credit applicant, the unused amount may be
38	carried forward for a period not to exceed 5 years. Five years
39	after the date a credit is granted under this section, such
40	credit expires and may not be used. However, if during the 5-
41	year period the credit is transferred, in whole or in part,
42	pursuant to paragraph (g), each transferee has 5 years after the
43	date of transfer to use its credit.
44	(d)  A taxpayer that receives a credit under s. 220.1845 is
45	ineligible to receive credit under this section in a given tax
46	year.
47	(e)  A tax credit applicant that receives state-funded site
48	rehabilitation pursuant to s. 376.3078(3) for rehabilitation of
49	a drycleaning-solvent-contaminated site is ineligible to receive
50	credit under this section for costs incurred by the tax credit
51	applicant in conjunction with the rehabilitation of that site
52	during the same time period that state-administered site
53	rehabilitation was underway.
54	(f)  The total amount of the tax credits which may be
55	granted under this section and s. 220.1845 is $5 $2 million
56	annually.
57	(g)1.  Tax credits that may be available under this section
58	to an entity eligible under s. 376.30781 may be transferred
59	after a merger or acquisition to the surviving or acquiring
60	entity and used in the same manner with the same limitations.
61	2.  The entity or its surviving or acquiring entity as
62	described in subparagraph 1., may transfer any unused credit in
63	whole or in units of no less than 25 percent of the remaining
64	credit. The entity acquiring such credit may use it in the same
65	manner and with the same limitation as described in this
66	section. Such transferred credits may not be transferred again
67	although they may succeed to a surviving or acquiring entity
68	subject to the same conditions and limitations as described in
69	this section.
70	3.  In the event the credit provided for under this section
71	is reduced either as a result of a determination by the
72	Department of Environmental Protection or an examination or
73	audit by the Department of Revenue, such tax deficiency shall be
74	recovered from the first entity, or the surviving or acquiring
75	entity, to have claimed such credit up to the amount of credit
76	taken. Any subsequent deficiencies shall be assessed against any
77	entity acquiring and claiming such credit, or in the case of
78	multiple succeeding entities in the order of credit succession.
79	(h)  In order to encourage completion of site
80	rehabilitation at contaminated sites being voluntarily cleaned
81	up and eligible for a tax credit under this section, the tax
82	credit applicant may claim an additional 25 10 percent of the
83	total cleanup costs, not to exceed $500,000 $50,000, in the
84	final year of cleanup as evidenced by the Department of
85	Environmental Protection issuing a "No Further Action" order for
86	that site.
87	(i)  In order to encourage the construction of housing that
88	meets the definition of "affordable" provided in s. 420.0004(3),
89	an applicant for the tax credit may claim an additional 25
90	percent of the total site-rehabilitation costs that are eligible
91	for tax credits under this section, not to exceed $500,000. In
92	order to receive this additional tax credit, the applicant must
93	provide a certification letter from the Florida Housing Finance
94	Corporation, the local housing authority, or other governmental
95	agency that is a party to the use agreement, indicating that the
96	construction on the brownfield site is complete, the brownfield
97	site has received a certificate of occupancy, and the brownfield
98	site has a properly recorded instrument that limits the use of
99	the property to housing that meets the definition of
100	"affordable" provided in s. 420.0004(3).
101	Section 2.  Subsection (1) of section 220.1845, Florida
102	Statutes, is amended to read:
103	220.1845  Contaminated site rehabilitation tax credit.--
104	(1)  AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.--
105	(a)  A credit in the amount of 50 35 percent of the costs
106	of voluntary cleanup activity that is integral to site
107	rehabilitation at the following sites is available against any
108	tax due for a taxable year under this chapter:
109	1.  A drycleaning-solvent-contaminated site eligible for
110	state-funded site rehabilitation under s. 376.3078(3);
111	2.  A drycleaning-solvent-contaminated site at which
112	cleanup is undertaken by the real property owner pursuant to s.
113	376.3078(11), if the real property owner is not also, and has
114	never been, the owner or operator of the drycleaning facility
115	where the contamination exists; or
116	3.  A brownfield site in a designated brownfield area under
117	s. 376.80.
118	(b)  A tax credit applicant, or multiple tax credit
119	applicants working jointly to clean up a single site, may not be
120	granted more than $500,000 $250,000 per year in tax credits for
121	each site voluntarily rehabilitated. Multiple tax credit
122	applicants shall be granted tax credits in the same proportion
123	as their contribution to payment of cleanup costs. Subject to
124	the same conditions and limitations as provided in this section,
125	a municipality, county, or other tax credit applicant which
126	voluntarily rehabilitates a site may receive not more than
127	$500,000 $250,000 per year in tax credits which it can
128	subsequently transfer subject to the provisions in paragraph
129	(h).
130	(c)  If the credit granted under this section is not fully
131	used in any one year because of insufficient tax liability on
132	the part of the corporation, the unused amount may be carried
133	forward for a period not to exceed 5 years. The carryover credit
134	may be used in a subsequent year when the tax imposed by this
135	chapter for that year exceeds the credit for which the
136	corporation is eligible in that year under this section after
137	applying the other credits and unused carryovers in the order
138	provided by s. 220.02(8). Five years after the date a credit is
139	granted under this section, such credit expires and may not be
140	used. However, if during the 5-year period the credit is
141	transferred, in whole or in part, pursuant to paragraph (h),
142	each transferee has 5 years after the date of transfer to use
143	its credit.
144	(d)  A taxpayer that files a consolidated return in this
145	state as a member of an affiliated group under s. 220.131(1) may
146	be allowed the credit on a consolidated return basis up to the
147	amount of tax imposed upon the consolidated group.
148	(e)  A taxpayer that receives credit under s. 199.1055 is
149	ineligible to receive credit under this section in a given tax
150	year.
151	(f)  A tax credit applicant that receives state-funded site
152	rehabilitation under s. 376.3078(3) for rehabilitation of a
153	drycleaning-solvent-contaminated site is ineligible to receive
154	credit under this section for costs incurred by the tax credit
155	applicant in conjunction with the rehabilitation of that site
156	during the same time period that state-administered site
157	rehabilitation was underway.
158	(g)  The total amount of the tax credits which may be
159	granted under this section and s. 199.1055 is $5 $2 million
160	annually.
161	(h)1.  Tax credits that may be available under this section
162	to an entity eligible under s. 376.30781 may be transferred
163	after a merger or acquisition to the surviving or acquiring
164	entity and used in the same manner and with the same
165	limitations.
166	2.  The entity or its surviving or acquiring entity as
167	described in subparagraph 1., may transfer any unused credit in
168	whole or in units of no less than 25 percent of the remaining
169	credit. The entity acquiring such credit may use it in the same
170	manner and with the same limitation as described in this
171	section. Such transferred credits may not be transferred again
172	although they may succeed to a surviving or acquiring entity
173	subject to the same conditions and limitations as described in
174	this section.
175	3.  In the event the credit provided for under this section
176	is reduced either as a result of a determination by the
177	Department of Environmental Protection or an examination or
178	audit by the Department of Revenue, such tax deficiency shall be
179	recovered from the first entity, or the surviving or acquiring
180	entity, to have claimed such credit up to the amount of credit
181	taken. Any subsequent deficiencies shall be assessed against any
182	entity acquiring and claiming such credit, or in the case of
183	multiple succeeding entities in the order of credit succession.
184	(i)  In order to encourage completion of site
185	rehabilitation at contaminated sites being voluntarily cleaned
186	up and eligible for a tax credit under this section, the tax
187	credit applicant may claim an additional 25 10 percent of the
188	total cleanup costs, not to exceed $500,000 $50,000, in the
189	final year of cleanup as evidenced by the Department of
190	Environmental Protection issuing a "No Further Action" order for
191	that site.
192	(j)  In order to encourage the construction of housing that
193	meets the definition of "affordable" provided in s. 420.0004(3),
194	an applicant for the tax credit may claim an additional 25
195	percent of the total site-rehabilitation costs that are eligible
196	for tax credits under this section, not to exceed $500,000. In
197	order to receive this additional tax credit, the applicant must
198	provide a certification letter from the Florida Housing Finance
199	Corporation, the local housing authority, or other governmental
200	agency that is a party to the use agreement, indicating that the
201	construction on the brownfield site is complete, the brownfield
202	site has received a certificate of occupancy, and the brownfield
203	site has a properly recorded instrument that limits the use of
204	the property to housing that meets the definition of
205	"affordable" provided in s. 420.0004(3).
206	Section 3.  Section 376.30781, Florida Statutes, is amended
207	to read:
208	376.30781  Partial tax credits for rehabilitation of
209	drycleaning-solvent-contaminated sites and brownfield sites in
210	designated brownfield areas; application process; rulemaking
211	authority; revocation authority.--
212	(1)  The Legislature finds that:
213	(a)  To facilitate property transactions and economic
214	growth and development, it is in the interest of the state to
215	encourage the cleanup, at the earliest possible time, of
216	drycleaning-solvent-contaminated sites and brownfield sites in
217	designated brownfield areas.
218	(b)  It is the intent of the Legislature to encourage the
219	voluntary cleanup of drycleaning-solvent-contaminated sites and
220	brownfield sites in designated brownfield areas by providing a
221	partial tax credit for the restoration of such property in
222	specified circumstances.
223	(2)  Notwithstanding the requirements of subsection (5),
224	tax credits allowed pursuant to ss. 199.1055 and 220.1845 are
225	available for any site rehabilitation conducted during the
226	calendar year in which the applicable voluntary cleanup
227	agreement or brownfield site rehabilitation agreement is
228	executed, even if the site rehabilitation is conducted prior to
229	the execution of that agreement or the designation of the
230	brownfield area.
231	(3)(2)(a)  A credit in the amount of 50 35 percent of the
232	costs of voluntary cleanup activity that is integral to site
233	rehabilitation at the following sites is allowed pursuant to ss.
234	199.1055 and 220.1845:
235	1.  A drycleaning-solvent-contaminated site eligible for
236	state-funded site rehabilitation under s. 376.3078(3);
237	2.  A drycleaning-solvent-contaminated site at which
238	cleanup is undertaken by the real property owner pursuant to s.
239	376.3078(11), if the real property owner is not also, and has
240	never been, the owner or operator of the drycleaning facility
241	where the contamination exists; or
242	3.  A brownfield site in a designated brownfield area under
243	s. 376.80.
244	(b)  A tax credit applicant, or multiple tax credit
245	applicants working jointly to clean up a single site, may not be
246	granted more than $500,000 $250,000 per year in tax credits for
247	each site voluntarily rehabilitated. Multiple tax credit
248	applicants shall be granted tax credits in the same proportion
249	as their contribution to payment of cleanup costs. Tax credits
250	are available only for site rehabilitation conducted during the
251	calendar year for which the tax credit application is submitted.
252	(c)  In order to encourage completion of site
253	rehabilitation at contaminated sites that are being voluntarily
254	cleaned up and that are eligible for a tax credit under this
255	section, the tax credit applicant may claim an additional 25 10
256	percent of the total cleanup costs, not to exceed $500,000
257	$50,000, in the final year of cleanup as evidenced by the
258	Department of Environmental Protection issuing a "No Further
259	Action" order for that site.
260	(d)  In order to encourage the construction of housing that
261	meets the definition of "affordable" provided in s. 420.0004(3),
262	an applicant for the tax credit may claim an additional 25
263	percent of the total site-rehabilitation costs that are eligible
264	for tax credits under this section, not to exceed $500,000. In
265	order to receive this additional tax credit, the applicant must
266	provide a certification letter from the Florida Housing Finance
267	Corporation, the local housing authority, or other governmental
268	agency that is a party to the use agreement, indicating that the
269	construction on the brownfield site is complete, the brownfield
270	site has received a certificate of occupancy, and the brownfield
271	site has a properly recorded instrument that limits the use of
272	the property to housing that meets the definition of
273	"affordable" provided in s. 420.0004(3). Notwithstanding the
274	limitation that only one application shall be submitted each
275	year for each site, an application for the additional credit
276	provided for in this paragraph shall be submitted as soon as all
277	requirements to obtain this additional tax credit have been met.
278	(e)  Notwithstanding the restrictions in this section that
279	limit tax credit eligibility to costs that are integral to site
280	rehabilitation, in order to encourage the redevelopment of
281	properties in designated brownfield areas that are hindered by
282	the presence of solid waste, as defined in s. 403.703, a tax
283	credit applicant may also claim costs to address the solid
284	waste, but only those costs to sort, screen, separate, excavate,
285	remove, transport, and dispose of solid waste in accordance with
286	department rules. These costs are eligible for a tax credit
287	provided the applicant submits an affidavit stating that, after
288	consultation with appropriate local government officials and the
289	department, to the best of the applicant's knowledge, the site
290	was never operated as a landfill or dump site for monetary
291	compensation and submits all other documentation and
292	certifications required by this section. In this section, where
293	reference is made to "site rehabilitation," the department shall
294	instead consider whether the costs claimed are for sorting,
295	screening, separation, excavation, removal, transportation, and
296	disposal of solid waste. Tax credit applications claiming costs
297	pursuant to this paragraph shall not be subject to the calendar-
298	year limitation and January 15 annual application deadline and,
299	instead, the department shall accept a one-time application
300	filed subsequent to the tax credit applicant completing the
301	applicable requirements listed in this paragraph. The department
302	shall have 60 days from the date of receipt of any application
303	claiming tax credits pursuant to this paragraph to process the
304	application and grant or deny the claimed tax credits.
305	(4)(3)  The Department of Environmental Protection shall be
306	responsible for allocating the tax credits provided for in ss.
307	199.1055 and 220.1845, not to exceed a total of $5 $2 million in
308	tax credits annually.
309	(5)(4)  To claim the credit for site rehabilitation
310	conducted during the current calendar year, each tax credit
311	applicant must apply to the Department of Environmental
312	Protection for an allocation of the $5 $2 million annual credit
313	by January 15 of the following year on a form developed by the
314	Department of Environmental Protection in cooperation with the
315	Department of Revenue. The form shall include an affidavit from
316	each tax credit applicant certifying that all information
317	contained in the application, including all records of costs
318	incurred and claimed in the tax credit application, are true and
319	correct. If the application is submitted pursuant to
320	subparagraph (3)(2)(a)2., the form must include an affidavit
321	signed by the real property owner stating that it is not, and
322	has never been, the owner or operator of the drycleaning
323	facility where the contamination exists. Approval of partial tax
324	credits must be accomplished on a first-come, first-served basis
325	based upon the date complete applications are received by the
326	Division of Waste Management. A tax credit applicant shall
327	submit only one complete application per site for each calendar
328	year's site rehabilitation costs. Incomplete placeholder
329	applications shall not be accepted and will not secure a place
330	in the first-come, first-served application line. To be eligible
331	for a tax credit, the tax credit applicant must:
332	(a)  Have entered into a voluntary cleanup agreement with
333	the Department of Environmental Protection for a drycleaning-
334	solvent-contaminated site or a Brownfield Site Rehabilitation
335	Agreement, as applicable; and
336	(b)  Have paid all deductibles pursuant to s.
337	376.3078(3)(e) for eligible drycleaning-solvent-cleanup program
338	sites.
339	(6)(5)  To obtain the tax credit certificate, a tax credit
340	applicant must annually file an application for certification,
341	which must be received by the Division of Waste Management of
342	the Department of Environmental Protection by January 15 of the
343	year following the calendar year for which site rehabilitation
344	costs are being claimed in a tax credit application. The tax
345	credit applicant must provide all pertinent information
346	requested on the tax credit application form, including, at a
347	minimum, the name and address of the tax credit applicant and
348	the address and tracking identification number of the eligible
349	site. Along with the tax credit application form, the tax credit
350	applicant must submit the following:
351	(a)  A nonrefundable review fee of $250 made payable to the
352	Water Quality Assurance Trust Fund to cover the administrative
353	costs associated with the department's review of the tax credit
354	application;
355	(b)  Copies of contracts and documentation of contract
356	negotiations, accounts, invoices, sales tickets, or other
357	payment records from purchases, sales, leases, or other
358	transactions involving actual costs incurred for that tax year
359	related to site rehabilitation, as that term is defined in ss.
360	376.301 and 376.79;
361	(c)  Proof that the documentation submitted pursuant to
362	paragraph (b) has been reviewed and verified by an independent
363	certified public accountant in accordance with standards
364	established by the American Institute of Certified Public
365	Accountants. Specifically, the certified public accountant must
366	attest to the accuracy and validity of the costs incurred and
367	paid by conducting an independent review of the data presented
368	by the tax credit applicant. Accuracy and validity of costs
369	incurred and paid would be determined once the level of effort
370	was certified by an appropriate professional registered in this
371	state in each contributing technical discipline. The certified
372	public accountant's report would also attest that the costs
373	included in the application form are not duplicated within the
374	application. A copy of the accountant's report shall be
375	submitted to the Department of Environmental Protection with the
376	tax credit application; and
377	(d)  A certification form stating that site rehabilitation
378	activities associated with the documentation submitted pursuant
379	to paragraph (b) have been conducted under the observation of,
380	and related technical documents have been signed and sealed by,
381	an appropriate professional registered in this state in each
382	contributing technical discipline. The certification form shall
383	be signed and sealed by the appropriate registered professionals
384	stating that the costs incurred were integral, necessary, and
385	required for site rehabilitation, as that term is defined in ss.
386	376.301 and 376.79.
387	(7)(6)  The certified public accountant and appropriate
388	registered professionals submitting forms as part of a tax
389	credit application must verify such forms. Verification must be
390	accomplished as provided in s. 92.525(1)(b) and subject to the
391	provisions of s. 92.525(3).
392	(8)(7)  The Department of Environmental Protection shall
393	review the tax credit application and any supplemental
394	documentation that the tax credit applicant may submit prior to
395	the annual application deadline in order to have the application
396	considered complete, for the purpose of verifying that the tax
397	credit applicant has met the qualifying criteria in subsections
398	(3)(2) and (5)(4) and has submitted all required documentation
399	listed in subsection (6)(5). Upon verification that the tax
400	credit applicant has met these requirements, the department
401	shall issue a written decision granting eligibility for partial
402	tax credits (a tax credit certificate) in the amount of 50 35
403	percent of the total costs claimed, subject to the $500,000
404	$250,000 limitation, for the calendar year for which the tax
405	credit application is submitted based on the report of the
406	certified public accountant and the certifications from the
407	appropriate registered technical professionals.
408	(9)(8)  On or before March 1, the Department of
409	Environmental Protection shall inform each eligible tax credit
410	applicant of the amount of its partial tax credit and provide
411	each eligible tax credit applicant with a tax credit certificate
412	that must be submitted with its tax return to the Department of
413	Revenue to claim the tax credit or be transferred pursuant to s.
414	199.1055(1)(g) or s. 220.1845(1)(h). Credits will not result in
415	the payment of refunds if total credits exceed the amount of tax
416	owed.
417	(10)(9)  If a tax credit applicant does not receive a tax
418	credit allocation due to an exhaustion of the $5 $2 million
419	annual tax credit authorization, such application will then be
420	included in the same first-come, first-served order in the next
421	year's annual tax credit allocation, if any, based on the prior
422	year application.
423	(11)(10)  The Department of Environmental Protection may
424	adopt rules to prescribe the necessary forms required to claim
425	tax credits under this section and to provide the administrative
426	guidelines and procedures required to administer this section.
427	(12)(11)  The Department of Environmental Protection may
428	revoke or modify any written decision granting eligibility for
429	partial tax credits under this section if it is discovered that
430	the tax credit applicant submitted any false statement,
431	representation, or certification in any application, record,
432	report, plan, or other document filed in an attempt to receive
433	partial tax credits under this section. The Department of
434	Environmental Protection shall immediately notify the Department
435	of Revenue of any revoked or modified orders affecting
436	previously granted partial tax credits. Additionally, the tax
437	credit applicant must notify the Department of Revenue of any
438	change in its tax credit claimed.
439	(13)(12)  A tax credit applicant who receives state-funded
440	site rehabilitation under s. 376.3078(3) for rehabilitation of a
441	drycleaning-solvent-contaminated site is ineligible to receive a
442	tax credit under s. 199.1055 or s. 220.1845 for costs incurred
443	by the tax credit applicant in conjunction with the
444	rehabilitation of that site during the same time period that
445	state-administered site rehabilitation was underway.
446	Section 4.  Paragraph (b) of subsection (15), and paragraph
447	(b) of subsection (16) of section 196.012, Florida Statutes, are
448	amended to read:
449	196.012  Definitions.--For the purpose of this chapter, the
450	following terms are defined as follows, except where the context
451	clearly indicates otherwise:
452	(15)  "New business" means:
453	(b)  Any business located in an enterprise zone or
454	brownfield area that first begins operation on a site clearly
455	separate from any other commercial or industrial operation owned
456	by the same business.
457	(16)  "Expansion of an existing business" means:
458	(b)  Any business located in an enterprise zone or
459	brownfield area that increases operations on a site colocated
460	with a commercial or industrial operation owned by the same
461	business.
462	Section 5.  Subsections (3) and (5) of section 196.1995,
463	Florida Statutes, are amended to read:
464	196.1995  Economic development ad valorem tax exemption.--
465	(3)  The board of county commissioners or the governing
466	authority of the municipality that which calls a referendum
467	within its total jurisdiction to determine whether its
468	respective jurisdiction may grant economic development ad
469	valorem tax exemptions may vote to limit the effect of the
470	referendum to authority to grant economic development tax
471	exemptions for new businesses and expansions of existing
472	businesses located in an enterprise zone or a brownfield area,
473	as defined in s. 376.79(4). If In the event that an area
474	nominated to be an enterprise zone pursuant to s. 290.0055 has
475	not yet been designated pursuant to s. 290.0065 or has not been
476	designated as a brownfield pursuant to s. 376.80, the board of
477	county commissioners or the governing authority of the
478	municipality may call such referendum prior to such designation;
479	however, the authority to grant economic development ad valorem
480	tax exemptions does will not apply until such area is designated
481	pursuant to s. 290.0065. The ballot question in such referendum
482	shall be in substantially the following form and shall be used
483	in lieu of the ballot question prescribed in subsection (2):
484
485	Shall the board of county commissioners of this county (or the
486	governing authority of this municipality, or both) be authorized
487	to grant, pursuant to s. 3, Art. VII of the State Constitution,
488	property tax exemptions for new businesses and expansions of
489	existing businesses which are located in an enterprise zone or a
490	brownfield area?
491
492	_____Yes--For authority to grant exemptions.
493	_____No--Against authority to grant exemptions.
494	(5)  Upon a majority vote in favor of such authority, the
495	board of county commissioners or the governing authority of the
496	municipality, at its discretion, by ordinance may exempt from ad
497	valorem taxation up to 100 percent of the assessed value of all
498	improvements to real property made by or for the use of a new
499	business and of all tangible personal property of such new
500	business, or up to 100 percent of the assessed value of all
501	added improvements to real property made to facilitate the
502	expansion of an existing business and of the net increase in all
503	tangible personal property acquired to facilitate such expansion
504	of an existing business, provided that the improvements to real
505	property are made or the tangible personal property is added or
506	increased on or after the day the ordinance is adopted. However,
507	if the authority to grant exemptions is approved in a referendum
508	in which the ballot question contained in subsection (3) appears
509	on the ballot, the authority of the board of county
510	commissioners or the governing authority of the municipality to
511	grant exemptions is limited solely to new businesses and
512	expansions of existing businesses that which are located in an
513	enterprise zone or brownfield area. Property acquired to replace
514	existing property shall not be considered to facilitate a
515	business expansion. The exemption applies only to taxes levied
516	by the respective unit of government granting the exemption. The
517	exemption does not apply, however, to taxes levied for the
518	payment of bonds or to taxes authorized by a vote of the
519	electors pursuant to s. 9(b) or s. 12, Art. VII of the State
520	Constitution. Any such exemption shall remain in effect for up
521	to 10 years with respect to any particular facility, regardless
522	of any change in the authority of the county or municipality to
523	grant such exemptions. The exemption shall not be prolonged or
524	extended by granting exemptions from additional taxes or by
525	virtue of any reorganization or sale of the business receiving
526	the exemption.
527	Section 6.  Subsection (2) of section 288.9015, Florida
528	Statutes, is amended to read:
529	288.9015  Enterprise Florida, Inc.; purpose; duties.--
530	(2)  It shall be the responsibility of Enterprise Florida,
531	Inc., to aggressively market Florida's rural communities,
532	distressed urban communities, brownfields, and enterprise zones
533	as locations for potential new investment, to aggressively
534	assist in the retention and expansion of existing businesses in
535	these communities, and to aggressively assist these communities
536	in the identification and development of new economic
537	development opportunities for job creation, fully marketing
538	state incentive programs such as the Qualified Target Industry
539	Tax Refund Program under s. 288.106 and the Quick Action Closing
540	Fund under s. 288.1088 in economically distressed areas.
541	Section 7.  Paragraph (b) of subsection (2) of section
542	376.80, Florida Statutes, is amended to read:
543	376.80  Brownfield program administration process.--
544	(2)
545	(b)  A local government shall designate a brownfield area
546	under the provisions of this act provided that:
547	1.  A person who owns or controls a potential brownfield
548	site is requesting the designation and has agreed to
549	rehabilitate and redevelop the brownfield site;
550	2.  The rehabilitation and redevelopment of the proposed
551	brownfield site will result in economic productivity of the
552	area, along with the creation of at least 10 new permanent jobs
553	at the brownfield site, whether full-time or part-time, which
554	are full-time equivalent positions not associated with the
555	implementation of the brownfield site rehabilitation agreement
556	and which are not associated with redevelopment project
557	demolition or construction activities pursuant to the
558	redevelopment agreement required under paragraph (5)(i).
559	However, the job-creation requirement shall not apply to the
560	rehabilitation and redevelopment of a brownfield site that will
561	provide affordable housing as defined in s. 420.0004(3) or the
562	creation of recreational areas, conservation areas, or parks;
563	3.  The redevelopment of the proposed brownfield site is
564	consistent with the local comprehensive plan and is a
565	permittable use under the applicable local land development
566	regulations;
567	4.  Notice of the proposed rehabilitation of the brownfield
568	area has been provided to neighbors and nearby residents of the
569	proposed area to be designated, and the person proposing the
570	area for designation has afforded to those receiving notice the
571	opportunity for comments and suggestions about rehabilitation.
572	Notice pursuant to this subsection must be made in a newspaper
573	of general circulation in the area, at least 16 square inches in
574	size, and the notice must be posted in the affected area; and
575	5.  The person proposing the area for designation has
576	provided reasonable assurance that he or she has sufficient
577	financial resources to implement and complete the rehabilitation
578	agreement and redevelopment plan.
579	Section 8.  Subsection (1) of section 376.86, Florida
580	Statutes, is amended to read:
581	376.86  Brownfield Areas Loan Guarantee Program.--
582	(1)  The Brownfield Areas Loan Guarantee Council is created
583	to review and approve or deny by a majority vote of its
584	membership, the situations and circumstances for participation
585	in partnerships by agreements with local governments, financial
586	institutions, and others associated with the redevelopment of
587	brownfield areas pursuant to the Brownfields Redevelopment Act
588	for a limited state guaranty of up to 5 years of loan guarantees
589	or loan loss reserves issued pursuant to law. The limited state
590	loan guaranty applies only to 50 10 percent of the primary
591	lenders loans for redevelopment projects in brownfield areas. If
592	the redevelopment project is for affordable housing, as defined
593	in s. 420.0004(3), in a brownfield area, the limited state loan
594	guaranty applies to 75 percent of the primary lender's loan. A
595	limited state guaranty of private loans or a loan loss reserve
596	is authorized for lenders licensed to operate in the state upon
597	a determination by the council that such an arrangement would be
598	in the public interest and the likelihood of the success of the
599	loan is great.
600	Section 9.  Sections 376.87 and 376.875, Florida Statutes,
601	are repealed.
602	Section 10.  Paragraph (f) of subsection (2) of section
603	14.2015, Florida Statutes, is amended to read:
604	14.2015  Office of Tourism, Trade, and Economic
605	Development; creation; powers and duties.--
606	(2)  The purpose of the Office of Tourism, Trade, and
607	Economic Development is to assist the Governor in working with
608	the Legislature, state agencies, business leaders, and economic
609	development professionals to formulate and implement coherent
610	and consistent policies and strategies designed to provide
611	economic opportunities for all Floridians. To accomplish such
612	purposes, the Office of Tourism, Trade, and Economic Development
613	shall:
614	(f)1.  Administer the Florida Enterprise Zone Act under ss.
615	290.001-290.016, the community contribution tax credit program
616	under ss. 220.183 and 624.5105, the tax refund program for
617	qualified target industry businesses under s. 288.106, the tax-
618	refund program for qualified defense contractors under s.
619	288.1045, contracts for transportation projects under s.
620	288.063, the sports franchise facility program under s.
621	288.1162, the professional golf hall of fame facility program
622	under s. 288.1168, the expedited permitting process under s.
623	403.973, the Rural Community Development Revolving Loan Fund
624	under s. 288.065, the Regional Rural Development Grants Program
625	under s. 288.018, the Certified Capital Company Act under s.
626	288.99, the Florida State Rural Development Council, the Rural
627	Economic Development Initiative, and other programs that are
628	specifically assigned to the office by law, by the
629	appropriations process, or by the Governor. Notwithstanding any
630	other provisions of law, the office may expend interest earned
631	from the investment of program funds deposited in the Grants and
632	Donations Trust Fund and the Brownfield Property Ownership
633	Clearance Assistance Revolving Loan Trust Fund to contract for
634	the administration of the programs, or portions of the programs,
635	enumerated in this paragraph or assigned to the office by law,
636	by the appropriations process, or by the Governor. Such
637	expenditures shall be subject to review under chapter 216.
638	2.  The office may enter into contracts in connection with
639	the fulfillment of its duties concerning the Florida First
640	Business Bond Pool under chapter 159, tax incentives under
641	chapters 212 and 220, tax incentives under the Certified Capital
642	Company Act in chapter 288, foreign offices under chapter 288,
643	the Enterprise Zone program under chapter 290, the Seaport
644	Employment Training program under chapter 311, the Florida
645	Professional Sports Team License Plates under chapter 320,
646	Spaceport Florida under chapter 331, Expedited Permitting under
647	chapter 403, and in carrying out other functions that are
648	specifically assigned to the office by law, by the
649	appropriations process, or by the Governor.
650	Section 11.  This act shall take effect July 1, 2006.
651
652
653	======= T I T L E  A M E N D M E N T ==========
654	Remove the entire title and insert:
655	A bill to be entitled
656	An act relating to the redevelopment of brownfields;
657	amending ss. 199.1055, 220.1845, and 376.30781, F.S.;
658	increasing the amount and percentage of the credit that
659	may be applied against the intangible personal property
660	tax and the corporate income tax for the cost of voluntary
661	cleanup of a contaminated site; increasing the amount that
662	may be received by the taxpayer as an incentive to
663	complete the cleanup in the final year; increasing the
664	total amount of credits that may be granted in any year;
665	providing tax credits for voluntary cleanup activities
666	related to solid waste disposal facilities; providing
667	criteria for eligible sites and activities; directing the
668	Department of Environmental Protection to apply certain
669	criteria, requirements, and limitations for implementation
670	of such provisions; providing certain exceptions; amending
671	ss. 196.012 and 196.1995, F.S., to include brownfield
672	areas in the implementation of the economic development ad
673	valorem tax exemption authorized under s. 3, Art VII of
674	the Florida Constitution; amending s. 288.9015, F.S.;
675	requiring Enterprise Florida, Inc., to aggressively market
676	brownfields; amending ss. 376.80 and 376.86, F.S.;
677	increasing the percentage of loans for redevelopment
678	projects in brownfield areas to which the state loan
679	guarantee applies under the Brownfield Areas Loan
680	Guarantee Program; repealing s. 376.87, F.S., relating to
681	the Brownfield Property Ownership Clearance Assistance;
682	repealing s. 376.875, F.S., relating to the Brownfield
683	Property Ownership Clearance Assistance Revolving Loan
684	Trust Fund; amending s. 14.2015, F.S.; deleting a
685	reference to the trust fund to conform; providing an
686	effective date.

CODING: Words stricken are deletions; words underlined are additions.