| 1 | A bill to be entitled |
| 2 | An act relating to economic development; amending s. |
| 3 | 196.012, F.S.; revising the definitions of the terms "new |
| 4 | business" and "expansion of an existing business"; |
| 5 | providing for an average wage of a new job; providing |
| 6 | eligibility for target industry businesses; amending s. |
| 7 | 196.1995, F.S.; authorizing the board of county |
| 8 | commissioners of a charter county to call and hold a |
| 9 | referendum to determine whether to grant economic |
| 10 | development ad valorem tax exemptions if in receipt of a |
| 11 | petition or initiative signed by a percentage of electors |
| 12 | as required by the county charter; revising the language |
| 13 | of ballot questions relating to the authority to grant |
| 14 | economic development tax exemptions; specifying additional |
| 15 | information that must be included in a written application |
| 16 | requesting adoption of an ordinance granting an economic |
| 17 | development ad valorem tax exemption; specifying factors |
| 18 | for a board of county commissioners or governing authority |
| 19 | of a municipality to consider when deciding whether to |
| 20 | approve or reject applications for economic development |
| 21 | tax exemptions; limiting the allowable duration of an |
| 22 | economic development tax exemption granted by a county or |
| 23 | municipal ordinance; authorizing written tax exemption |
| 24 | agreements consistent with this act upon approval of a tax |
| 25 | exemption application; limiting application of the act to |
| 26 | certain ad valorem tax exemptions granted pursuant to |
| 27 | referenda held on or after the act's effective date; |
| 28 | providing an effective date. |
| 29 |
|
| 30 | Be It Enacted by the Legislature of the State of Florida: |
| 31 |
|
| 32 | Section 1. Subsections (15) and (16) of section 196.012, |
| 33 | Florida Statutes, are amended to read: |
| 34 | 196.012 Definitions.-For the purpose of this chapter, the |
| 35 | following terms are defined as follows, except where the context |
| 36 | clearly indicates otherwise: |
| 37 | (15) "New business" means: |
| 38 | (a)1. A business or organization establishing 10 or more |
| 39 | new jobs to employ 10 or more full-time employees in this state, |
| 40 | paying an average wage for such new jobs that is above the |
| 41 | average wage in the area, which principally engages in any one |
| 42 | or more of the following operations: which |
| 43 | a. Manufactures, processes, compounds, fabricates, or |
| 44 | produces for sale items of tangible personal property at a fixed |
| 45 | location and which comprises an industrial or manufacturing |
| 46 | plant; or |
| 47 | b. Is a target industry business as defined in s. |
| 48 | 288.106(2)(t); |
| 49 | 2. A business or organization establishing 25 or more new |
| 50 | jobs to employ 25 or more full-time employees in this state, the |
| 51 | sales factor of which, as defined by s. 220.15(5), for the |
| 52 | facility with respect to which it requests an economic |
| 53 | development ad valorem tax exemption is less than 0.50 for each |
| 54 | year the exemption is claimed; or |
| 55 | 3. An office space in this state owned and used by a |
| 56 | business or organization corporation newly domiciled in this |
| 57 | state; provided such office space houses 50 or more full-time |
| 58 | employees of such business or organization corporation; provided |
| 59 | that such business or organization office first begins operation |
| 60 | on a site clearly separate from any other commercial or |
| 61 | industrial operation owned by the same business or organization. |
| 62 | (b) Any business or organization located in an enterprise |
| 63 | zone or brownfield area that first begins operation on a site |
| 64 | clearly separate from any other commercial or industrial |
| 65 | operation owned by the same business or organization. |
| 66 | (c) A business or organization that is situated on |
| 67 | property annexed into a municipality and that, at the time of |
| 68 | the annexation, is receiving an economic development ad valorem |
| 69 | tax exemption from the county under s. 196.1995. |
| 70 | (16) "Expansion of an existing business" means: |
| 71 | (a)1. A business or organization establishing 10 or more |
| 72 | new jobs to employ 10 or more full-time employees in this state, |
| 73 | paying an average wage for such new jobs that is above the |
| 74 | average wage in the area, which principally engages in any of |
| 75 | the operations referred to in subparagraph (15)(a)1. which |
| 76 | manufactures, processes, compounds, fabricates, or produces for |
| 77 | sale items of tangible personal property at a fixed location and |
| 78 | which comprises an industrial or manufacturing plant; or |
| 79 | 2. A business or organization establishing 25 or more new |
| 80 | jobs to employ 25 or more full-time employees in this state, the |
| 81 | sales factor of which, as defined by s. 220.15(5), for the |
| 82 | facility with respect to which it requests an economic |
| 83 | development ad valorem tax exemption is less than 0.50 for each |
| 84 | year the exemption is claimed; provided that such business |
| 85 | increases operations on a site located within the same county, |
| 86 | municipality, or both colocated with a commercial or industrial |
| 87 | operation owned by the same business or organization under |
| 88 | common control with the same business or organization, resulting |
| 89 | in a net increase in employment of not less than 10 percent or |
| 90 | an increase in productive output or sales of not less than 10 |
| 91 | percent. |
| 92 | (b) Any business or organization located in an enterprise |
| 93 | zone or brownfield area that increases operations on a site |
| 94 | located within the same zone or area colocated with a commercial |
| 95 | or industrial operation owned by the same business or |
| 96 | organization under common control with the same business or |
| 97 | organization. |
| 98 | Section 2. Section 196.1995, Florida Statutes, is amended |
| 99 | to read: |
| 100 | 196.1995 Economic development ad valorem tax exemption.- |
| 101 | (1) The board of county commissioners of any county or the |
| 102 | governing authority of any municipality shall call a referendum |
| 103 | within its total jurisdiction to determine whether its |
| 104 | respective jurisdiction may grant economic development ad |
| 105 | valorem tax exemptions under s. 3, Art. VII of the State |
| 106 | Constitution if: |
| 107 | (a) The board of county commissioners of the county or the |
| 108 | governing authority of the municipality votes to hold such |
| 109 | referendum; or |
| 110 | (b) The board of county commissioners of the county or the |
| 111 | governing authority of the municipality receives a petition |
| 112 | signed by 10 percent of the registered electors of its |
| 113 | respective jurisdiction, which petition calls for the holding of |
| 114 | such referendum; or |
| 115 | (c) The board of county commissioners of a charter county |
| 116 | receives a petition or initiative signed by the required |
| 117 | percentage of registered electors in accordance with the |
| 118 | procedures established in the county's charter for the enactment |
| 119 | of ordinances or for approval of amendments of the charter, if |
| 120 | less than 10 percent, which petition or initiative calls for the |
| 121 | holding of such referendum. |
| 122 | (2) The ballot question in such referendum shall be in |
| 123 | substantially the following form: |
| 124 |
|
| 125 | Shall the board of county commissioners of this county (or the |
| 126 | governing authority of this municipality, or both) be authorized |
| 127 | to grant, pursuant to s. 3, Art. VII of the State Constitution, |
| 128 | property tax exemptions to new businesses and expansions of |
| 129 | existing businesses that are expected to create new, full-time |
| 130 | jobs in the county (or municipality, or both)? |
| 131 |
|
| 132 | .... Yes-For authority to grant exemptions. |
| 133 | .... No-Against authority to grant exemptions. |
| 134 |
|
| 135 | (3) The board of county commissioners or the governing |
| 136 | authority of the municipality that calls a referendum within its |
| 137 | total jurisdiction to determine whether its respective |
| 138 | jurisdiction may grant economic development ad valorem tax |
| 139 | exemptions may vote to limit the effect of the referendum to |
| 140 | authority to grant economic development tax exemptions for new |
| 141 | businesses and expansions of existing businesses located in an |
| 142 | enterprise zone or a brownfield area, as defined in s. |
| 143 | 376.79(4). If an area nominated to be an enterprise zone |
| 144 | pursuant to s. 290.0055 has not yet been designated pursuant to |
| 145 | s. 290.0065, the board of county commissioners or the governing |
| 146 | authority of the municipality may call such referendum prior to |
| 147 | such designation; however, the authority to grant economic |
| 148 | development ad valorem tax exemptions does not apply until such |
| 149 | area is designated pursuant to s. 290.0065. The ballot question |
| 150 | in such referendum shall be in substantially the following form |
| 151 | and shall be used in lieu of the ballot question prescribed in |
| 152 | subsection (2): |
| 153 |
|
| 154 | Shall the board of county commissioners of this county (or the |
| 155 | governing authority of this municipality, or both) be authorized |
| 156 | to grant, pursuant to s. 3, Art. VII of the State Constitution, |
| 157 | property tax exemptions for new businesses and expansions of |
| 158 | existing businesses that which are located in an enterprise zone |
| 159 | or a brownfield area and that are expected to create new, full- |
| 160 | time jobs in the county (or municipality, or both)? |
| 161 |
|
| 162 | ....Yes-For authority to grant exemptions. |
| 163 | ....No-Against authority to grant exemptions. |
| 164 |
|
| 165 | (4) A referendum pursuant to this section may be called |
| 166 | only once in any 12-month period. |
| 167 | (5) Upon a majority vote in favor of such authority, the |
| 168 | board of county commissioners or the governing authority of the |
| 169 | municipality, at its discretion, by ordinance may exempt from ad |
| 170 | valorem taxation up to 100 percent of the assessed value of all |
| 171 | improvements to real property made by or for the use of a new |
| 172 | business and of all tangible personal property of such new |
| 173 | business, or up to 100 percent of the assessed value of all |
| 174 | added improvements to real property made to facilitate the |
| 175 | expansion of an existing business and of the net increase in all |
| 176 | tangible personal property acquired to facilitate such expansion |
| 177 | of an existing business, provided that the improvements to real |
| 178 | property are made or the tangible personal property is added or |
| 179 | increased on or after the day the ordinance is adopted. However, |
| 180 | if the authority to grant exemptions is approved in a referendum |
| 181 | in which the ballot question contained in subsection (3) appears |
| 182 | on the ballot, the authority of the board of county |
| 183 | commissioners or the governing authority of the municipality to |
| 184 | grant exemptions is limited solely to new businesses and |
| 185 | expansions of existing businesses that are located in an |
| 186 | enterprise zone or brownfield area. Property acquired to replace |
| 187 | existing property shall not be considered to facilitate a |
| 188 | business expansion. The exemption applies only to taxes levied |
| 189 | by the respective unit of government granting the exemption. The |
| 190 | exemption does not apply, however, to taxes levied for the |
| 191 | payment of bonds or to taxes authorized by a vote of the |
| 192 | electors pursuant to s. 9(b) or s. 12, Art. VII of the State |
| 193 | Constitution. Any such exemption shall remain in effect for up |
| 194 | to 10 years with respect to any particular facility, regardless |
| 195 | of any change in the authority of the county or municipality to |
| 196 | grant such exemptions. The exemption shall not be prolonged or |
| 197 | extended by granting exemptions from additional taxes or by |
| 198 | virtue of any reorganization or sale of the business receiving |
| 199 | the exemption. |
| 200 | (6) With respect to a new business as defined by s. |
| 201 | 196.012(15)(c), the municipality annexing the property on which |
| 202 | the business is situated may grant an economic development ad |
| 203 | valorem tax exemption under this section to that business for a |
| 204 | period that will expire upon the expiration of the exemption |
| 205 | granted by the county. If the county renews the exemption under |
| 206 | subsection (7), the municipality may also extend its exemption. |
| 207 | A municipal economic development ad valorem tax exemption |
| 208 | granted under this subsection may not extend beyond the duration |
| 209 | of the county exemption. |
| 210 | (7) The authority to grant exemptions under this section |
| 211 | expires 10 years after the date such authority was approved in |
| 212 | an election, but such authority may be renewed for subsequent |
| 213 | 10-year periods if each 10-year renewal is approved in a |
| 214 | referendum called and held pursuant to this section. |
| 215 | (8) Any person, firm, or corporation which desires an |
| 216 | economic development ad valorem tax exemption shall, in the year |
| 217 | the exemption is desired to take effect, file a written |
| 218 | application on a form prescribed by the department with the |
| 219 | board of county commissioners or the governing authority of the |
| 220 | municipality, or both. The application shall request the |
| 221 | adoption of an ordinance granting the applicant an exemption |
| 222 | pursuant to this section and shall include the following |
| 223 | information: |
| 224 | (a) The name and location of the new business or the |
| 225 | expansion of an existing business; |
| 226 | (b) A description of the improvements to real property for |
| 227 | which an exemption is requested and the date of commencement of |
| 228 | construction of such improvements; |
| 229 | (c) A description of the tangible personal property for |
| 230 | which an exemption is requested and the dates when such property |
| 231 | was or is to be purchased; |
| 232 | (d) Proof, to the satisfaction of the board of county |
| 233 | commissioners or the governing authority of the municipality, |
| 234 | that the applicant is a new business or an expansion of an |
| 235 | existing business, as defined in s. 196.012(15) or (16); and |
| 236 | (e) Other information deemed necessary or appropriate by |
| 237 | the department, county, or municipality. |
| 238 | (9) Before it takes action on the application, the board |
| 239 | of county commissioners or the governing authority of the |
| 240 | municipality shall deliver a copy of the application to the |
| 241 | property appraiser of the county. After careful consideration, |
| 242 | the property appraiser shall report the following information to |
| 243 | the board of county commissioners or the governing authority of |
| 244 | the municipality: |
| 245 | (a) The total revenue available to the county or |
| 246 | municipality for the current fiscal year from ad valorem tax |
| 247 | sources, or an estimate of such revenue if the actual total |
| 248 | revenue available cannot be determined; |
| 249 | (b) Any revenue lost to the county or municipality for the |
| 250 | current fiscal year by virtue of exemptions previously granted |
| 251 | under this section, or an estimate of such revenue if the actual |
| 252 | revenue lost cannot be determined; |
| 253 | (c) An estimate of the revenue which would be lost to the |
| 254 | county or municipality during the current fiscal year if the |
| 255 | exemption applied for were granted had the property for which |
| 256 | the exemption is requested otherwise been subject to taxation; |
| 257 | and |
| 258 | (d) A determination as to whether the property for which |
| 259 | an exemption is requested is to be incorporated into a new |
| 260 | business or the expansion of an existing business, as defined in |
| 261 | s. 196.012(15) or (16), or into neither, which determination the |
| 262 | property appraiser shall also affix to the face of the |
| 263 | application. Upon the request of the property appraiser, the |
| 264 | department shall provide to him or her such information as it |
| 265 | may have available to assist in making such determination. |
| 266 | (10) In considering any application for an exemption under |
| 267 | this section, the board of county commissioners or the governing |
| 268 | authority of the municipality must take into account the |
| 269 | following: |
| 270 | (a) The total number of net new jobs to be created by the |
| 271 | applicant; |
| 272 | (b) The average wage of the new jobs; |
| 273 | (c) The capital investment to be made by the applicant; |
| 274 | (d) The type of business or operation and whether it |
| 275 | qualifies as a targeted industry as may be identified from time |
| 276 | to time by the board of county commissioners or the governing |
| 277 | authority of the municipality; |
| 278 | (e) The environmental impact of the proposed business or |
| 279 | operation; |
| 280 | (f) The extent to which the applicant intends to source |
| 281 | its supplies and materials within the applicable jurisdiction; |
| 282 | and |
| 283 | (g) Any other economic-related characteristics or criteria |
| 284 | deemed necessary by the board of county commissioners or the |
| 285 | governing authority of the municipality. |
| 286 | (11)(10) An ordinance granting an exemption under this |
| 287 | section shall be adopted in the same manner as any other |
| 288 | ordinance of the county or municipality and shall include the |
| 289 | following: |
| 290 | (a) The name and address of the new business or expansion |
| 291 | of an existing business to which the exemption is granted; |
| 292 | (b) The total amount of revenue available to the county or |
| 293 | municipality from ad valorem tax sources for the current fiscal |
| 294 | year, the total amount of revenue lost to the county or |
| 295 | municipality for the current fiscal year by virtue of economic |
| 296 | development ad valorem tax exemptions currently in effect, and |
| 297 | the estimated revenue loss to the county or municipality for the |
| 298 | current fiscal year attributable to the exemption of the |
| 299 | business named in the ordinance; |
| 300 | (c) The period of time for which the exemption will remain |
| 301 | in effect and the expiration date of the exemption, which may be |
| 302 | any period of time up to 10 years; and |
| 303 | (d) A finding that the business named in the ordinance |
| 304 | meets the requirements of s. 196.012(15) or (16). |
| 305 | (12) Upon approval of any application for an exemption |
| 306 | under this section, the board of county commissioners or the |
| 307 | governing authority of the municipality may enter into a written |
| 308 | exemption agreement with the applicant covering such additional |
| 309 | details and related terms and conditions as may be deemed |
| 310 | necessary or appropriate by such board or governing authority, |
| 311 | which agreement may not be inconsistent with the requirements of |
| 312 | this section or of applicable law. |
| 313 | Section 3. This act shall take effect July 1, 2011, and |
| 314 | shall apply only to exemptions from ad valorem taxation granted |
| 315 | pursuant to referenda held on or after July 1, 2011, under the |
| 316 | provisions of s. 196.1995(1), Florida Statutes. |