Senate Bill sb2524
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                  SB 2524
    By Senator Justice
    16-1095-07                                              See HB
  1                      A bill to be entitled
  2         An act relating to enterprise zone business
  3         property use tax exemption; amending s. 212.08,
  4         F.S.; revising refund requirements for the
  5         exemption for certain business property used in
  6         an enterprise zone; revising the definition of
  7         "business property"; providing an effective
  8         date.
  9  
10  Be It Enacted by the Legislature of the State of Florida:
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12         Section 1.  Paragraph (h) of subsection (5) of section
13  212.08, Florida Statutes, is amended to read:
14         212.08  Sales, rental, use, consumption, distribution,
15  and storage tax; specified exemptions.--The sale at retail,
16  the rental, the use, the consumption, the distribution, and
17  the storage to be used or consumed in this state of the
18  following are hereby specifically exempt from the tax imposed
19  by this chapter.
20         (5)  EXEMPTIONS; ACCOUNT OF USE.--
21         (h)  Business property used in an enterprise zone.--
22         1.  Business property purchased for use by businesses
23  located in an enterprise zone which is subsequently used in an
24  enterprise zone shall be exempt from the tax imposed by this
25  chapter. This exemption inures to the business only through a
26  refund of previously paid taxes. A refund shall be authorized
27  upon an affirmative showing by the taxpayer to the
28  satisfaction of the department that the requirements of this
29  paragraph have been met.
30         2.  To receive a refund, the business must file under
31  oath with the governing body or enterprise zone development
                                  1
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    Florida Senate - 2007                                  SB 2524
    16-1095-07                                              See HB
 1  agency having jurisdiction over the enterprise zone where the
 2  business is located, as applicable, an application which
 3  includes:
 4         a.  The name and address of the business claiming the
 5  refund.
 6         b.  The identifying number assigned pursuant to s.
 7  290.0065 to the enterprise zone in which the business is
 8  located.
 9         c.  A specific description of the property for which a
10  refund is sought, including its serial number or other
11  permanent identification number.
12         d.  The location of the property.
13         e.  The sales invoice or other proof of purchase of the
14  property, showing the amount of sales tax paid, the date of
15  purchase, and the name and address of the sales tax dealer
16  from whom the property was purchased.
17         f.  Whether the business is a small business as defined
18  by s. 288.703(1).
19         g.  If applicable, the name and address of each
20  permanent employee of the business, including, for each
21  employee who is a resident of an enterprise zone, the
22  identifying number assigned pursuant to s. 290.0065 to the
23  enterprise zone in which the employee resides.
24         3.  Within 10 working days after receipt of an
25  application, the governing body or enterprise zone development
26  agency shall review the application to determine if it
27  contains all the information required pursuant to subparagraph
28  2. and meets the criteria set out in this paragraph. The
29  governing body or agency shall certify all applications that
30  contain the information required pursuant to subparagraph 2.
31  and meet the criteria set out in this paragraph as eligible to
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    Florida Senate - 2007                                  SB 2524
    16-1095-07                                              See HB
 1  receive a refund. If applicable, the governing body or agency
 2  shall also certify if 20 percent of the employees of the
 3  business are residents of an enterprise zone, excluding
 4  temporary and part-time employees. The certification shall be
 5  in writing, and a copy of the certification shall be
 6  transmitted to the executive director of the Department of
 7  Revenue. The business shall be responsible for forwarding a
 8  certified application to the department within the time
 9  specified in subparagraph 4.
10         4.  An application for a refund pursuant to this
11  paragraph must be submitted to the department within 6 months
12  after the tax is due on the business property that is
13  purchased.
14         5.  The provisions of s. 212.095 do not apply to any
15  refund application made pursuant to this paragraph. The amount
16  refunded on purchases of business property under this
17  paragraph shall be the lesser of 97 percent of the sales tax
18  paid on such business property or $5,000, or, if no less than
19  20 percent of the employees of the business are residents of
20  an enterprise zone, excluding temporary and part-time
21  employees, the amount refunded on purchases of business
22  property under this paragraph shall be the lesser of 97
23  percent of the sales tax paid on such business property or
24  $10,000. A refund approved pursuant to this paragraph shall be
25  made within 30 days of formal approval by the department of
26  the application for the refund. No refund shall be granted
27  under this paragraph unless the amount to be refunded exceeds
28  $300 $100 in sales tax paid on combined purchases made within
29  a 90-day 60-day time period.
30         6.  The department shall adopt rules governing the
31  manner and form of refund applications and may establish
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    Florida Senate - 2007                                  SB 2524
    16-1095-07                                              See HB
 1  guidelines as to the requisites for an affirmative showing of
 2  qualification for exemption under this paragraph.
 3         7.  If the department determines that the business
 4  property is used outside an enterprise zone within 3 years
 5  from the date of purchase, the amount of taxes refunded to the
 6  business purchasing such business property shall immediately
 7  be due and payable to the department by the business, together
 8  with the appropriate interest and penalty, computed from the
 9  date of purchase, in the manner provided by this chapter.
10  Notwithstanding this subparagraph, business property used
11  exclusively in:
12         a.  Licensed commercial fishing vessels,
13         b.  Fishing guide boats, or
14         c.  Ecotourism guide boats
15  
16  that leave and return to a fixed location within an area
17  designated under s. 370.28 are eligible for the exemption
18  provided under this paragraph if all requirements of this
19  paragraph are met. Such vessels and boats must be owned by a
20  business that is eligible to receive the exemption provided
21  under this paragraph. This exemption does not apply to the
22  purchase of a vessel or boat.
23         8.  The department shall deduct an amount equal to 10
24  percent of each refund granted under the provisions of this
25  paragraph from the amount transferred into the Local
26  Government Half-cent Sales Tax Clearing Trust Fund pursuant to
27  s. 212.20 for the county area in which the business property
28  is located and shall transfer that amount to the General
29  Revenue Fund.
30         9.  For the purposes of this exemption, "business
31  property" means new or used property defined as "recovery
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    Florida Senate - 2007                                  SB 2524
    16-1095-07                                              See HB
 1  property" in s. 168(c) of the Internal Revenue Code of 1954,
 2  as amended, except:
 3         a.  Property classified as 3-year property under s.
 4  168(c)(2)(A) of the Internal Revenue Code of 1954, as
 5  amended.;
 6         b.  Industrial machinery and equipment as defined in
 7  sub-subparagraph (b)6.a. and eligible for exemption under
 8  paragraph (b).;
 9         c.  Building materials as defined in sub-subparagraph
10  (g)8.a.; and
11         d.  Business property having a sales price of under
12  $5,000 per unit.
13         10.  This paragraph expires on the date specified in s.
14  290.016 for the expiration of the Florida Enterprise Zone Act.
15         Section 2.  This act shall take effect July 1, 2007.
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