Bill Text: FL S2644 | 2010 | Regular Session | Comm Sub
Bill Title: Energy Economic Zones [WPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Communications, Energy, and Public Utilities [S2644 Detail]
Download: Florida-2010-S2644-Comm_Sub.html
Florida Senate - 2010 CS for SB 2644 By the Committee on Commerce; and Senator Bennett 577-04357-10 20102644c1 1 A bill to be entitled 2 An act relating to energy economic zones; amending s. 3 377.809, F.S.; requiring the Department of Community 4 Affairs to include in its report on the Energy 5 Economic Zone Pilot Program information relating to 6 incentives available under the program; requiring a 7 community within an energy economic zone pilot program 8 to adopt an ordinance to authorize certain tax 9 incentives; limiting the amount of tax incentives 10 available; requiring the local government having 11 jurisdiction over the energy economic zone to track 12 the use of incentives under the program; providing 13 definitions; amending s. 212.08, F.S.; exempting 14 certain building materials used in the construction or 15 rehabilitation of energy-efficient structures from the 16 tax on sales, use, and other transactions; authorizing 17 the Department of Revenue to adopt rules; providing 18 definitions; exempting certain business property used 19 in an energy economic zone from the tax on sales, use, 20 and other transactions; authorizing the Department of 21 Revenue to adopt rules; providing definitions; 22 exempting clean technology and manufacturing products 23 used in energy economic zones from the tax on sales 24 use and other transactions; creating s. 220.195, F.S.; 25 providing definitions; creating an energy economic 26 zone jobs tax credit; providing credit eligibility 27 requirements; providing limits on the amount of 28 credits that may be granted; providing application 29 requirements; providing criminal penalties for 30 fraudulent or grossly exaggerated tax credit claims; 31 authorizing the Department of Revenue to adopt rules; 32 creating s. 220.196, F.S.; creating the energy 33 economic zone pilot program property tax credit; 34 providing credit eligibility requirements; providing 35 notice reporting requirements; providing requirements 36 for businesses claiming the tax credit; authorizing 37 the Department of Revenue to adopt rules for certain 38 purposes; providing an effective date. 39 40 Be It Enacted by the Legislature of the State of Florida: 41 42 Section 1. Section 377.809, Florida Statutes, is amended to 43 read: 44 377.809 Energy Economic Zone Pilot Program.— 45 (1) The Department of Community Affairs, in consultation 46 with the Department of Transportation, shall implement an Energy 47 Economic Zone Pilot Program for the purpose of developing a 48 model to help communities cultivate green economic development, 49 encourage renewable electric energy generation, manufacture 50 products that contribute to energy conservation and green jobs, 51 and further implement chapter 2008-191, Laws of Florida, 52 relative to discouraging sprawl and developing energy-efficient 53 land use patterns and greenhouse gas reduction strategies. The 54 Office of Tourism, Trade, and Economic Development and the 55 Florida Energy and Climate Commission shall provide technical 56 assistance to the departments in developing and administering 57 the program. 58 (2)(a) The application for a pilot project shall: 59 1. Identify the proposed location of the energy economic 60 zone, which must be within an adopted urban service area and may 61 include a county landfill outside the urban service boundary; 62 2. Present a proposed strategic plan for development and 63 redevelopment in the energy economic zone; 64 3. Demonstrate consistency of the strategic plan with the 65 local comprehensive plan or include proposed plan amendments 66 necessary to achieve consistency; and 67 4. Identify comprehensive plan amendments that will be 68 proposed to implement chapter 2008-191, Laws of Florida. 69 (b) The strategic plan under subparagraph (a)1. must 70 include mixed-use and form-based standards that integrate 71 multimodal transportation facilities with land use and 72 development patterns to reduce reliance on automobiles, 73 encourage certified green building developments and renewable 74 energy systems, encourage creation of green jobs, and 75 demonstrate how local financial and regulatory incentives will 76 be used in the energy economic zone. 77 (c) The Department of Community Affairs shall grant at 78 least one application if the application meets the requirements 79 of this subsection and the community has demonstrated a prior 80 commitment to energy conservation, carbon reduction, green 81 building, and economic development. The Department of Community 82 Affairs and the Office of Tourism, Trade, and Economic 83 Development shall provide the pilot community, including 84 businesses within the energy economic zone, with technical 85 assistance in identifying and qualifying for eligible grants and 86 credits in job creation, energy, and other areas. 87 (3) The Department of Community Affairs, with the 88 assistance of the Office of Tourism, Trade, and Economic 89 Development, shall submit an interim report by February 15, 90 2010, to the Governor, the President of the Senate, and the 91 Speaker of the House of Representatives regarding the status of 92 the pilot program. The report shall contain any recommendations 93 deemed appropriate by the department for statutory changes to 94 accomplish the goals of the pilot program community, including 95 whether it would be beneficial to provide financial incentives 96 similar to those offered to an enterprise zone. 97 (4)If the pilot project is ongoing,The Department of 98 Community Affairs, with the assistance of the Office of Tourism, 99 Trade, and Economic Development, shall submit a report to the 100 Governor, the President of the Senate, and the Speaker of the 101 House of Representatives by February 15, 2012, evaluating 102 whether the pilot program has demonstrated success. The report 103 shall contain recommendations with regard to whether the program 104 should be expanded for use by other local governments, whether 105 incentives should be revised, renewed, or expanded, and whether 106 state policies should be revised to encourage the goals of the 107 program. 108 (5) The incentives in ss. 220.195, 220.196, and 109 212.08(5)(q), (r), and (7)(ggg) are available to eligible 110 businesses by adoption of the ordinance required by this 111 subsection by the local government having jurisdiction over a 112 community within an Energy Economic Zone Pilot Program in order 113 to cultivate green economic development, encourage renewable 114 energy generation and implementation, manufacture products that 115 contribute to energy efficiency investments, conservation, and 116 green jobs, reduce reliance on automobiles, develop energy 117 efficient patterns of land use, and reduce greenhouse gas 118 emissions. In order for such incentives to be authorized, the 119 community within the pilot program must adopt an ordinance that: 120 (a) Designates the energy economic zone by ordinance and 121 certifies to the Department of Community Affairs and the Office 122 of Tourism, Trade, and Economic Development that the community’s 123 developments are eligible to receive the incentives. 124 (b) Describes the energy efficiency investments, clean 125 technology industries, and businesses that will be eligible to 126 receive the incentives. 127 (c) Identifies the Leadership in Energy and Environmental 128 Design (LEED) standards or standards of another professionally 129 promulgated green building code which are applicable for 130 eligibility for the exemptions provided in s. 212.08(5) for 131 building materials, business property, and clean technology 132 products within the pilot program community’s energy economic 133 zone. 134 (d) Identifies a list, in consultation with the Florida 135 Energy Systems Consortium, of clean technology and manufacturing 136 products eligible for the exemption provided in s. 137 212.08(7)(ggg). 138 (6) The total amount of credits, refunds, and exemptions 139 which may be granted for incentives under the Energy Economic 140 Zone Pilot Program pursuant to subsection (5) is $300,000 per 141 energy economic zone in any state fiscal year, for a total 142 maximum allowable of $600,000 each year. A credit or refund that 143 is claimed after each $300,000 limit is reached shall be 144 disallowed. If the credit or refund limit is not fully used in 145 any one state fiscal year, the unused amount may be carried 146 forward for a period not to exceed 5 years. A business receiving 147 the credit may carry over the credit to be used in a subsequent 148 year that the tax for such year exceeds the credit for such year 149 after applying the other credits and unused credit that is 150 carried over. The local governing body having jurisdiction of 151 the energy economic zone is responsible for tracking and 152 accounting for the levels of credits and refunds granted and the 153 carried over credit of unused amounts each year. All credits, 154 refunds, and exemptions shall be reviewed pursuant to subsection 155 (4). 156 (7) As used in this section, the terms “energy efficiency 157 investments” and “clean technology industries and businesses” 158 include a diverse range of products, services, and processes 159 that harness renewable materials and energy sources that 160 significantly reduce the use of natural resources, reduce 161 greenhouse gas emissions, and result in energy conservation. 162 Such products, services, and processes include, but are not 163 limited to: 164 (a) Clean transportation technologies such as advanced 165 battery storage, electric propulsion, fuel cells, hybrid 166 electric and solar-powered vehicles, and stirling engines. 167 (b) Clean energy technologies such as biofuels, fuel cells, 168 microturbines, photovoltaics, small-scale hydroelectric, and 169 wind power. 170 (c) Clean materials such as biomass materials, biomemetics, 171 green buildings, green chemistry, and phytoremediation. 172 (d) Clean water industries such as biological water 173 filtration, decentralized filtration systems, small-scale 174 desalination, ultraviolet purification, and wetlands 175 restoration. 176 (e) Investments, including improvements to real property, 177 that result in a structure that meets Leadership in Energy and 178 Environmental Design (LEED) standards. 179 (f) Investments, including improvements to real property, 180 which result in a business that meets Green Lodging Standards. 181 Section 2. Paragraphs (q) and (r) are added to subsection 182 (5) of section 212.08, Florida Statutes, and paragraph (ggg) is 183 added to subsection (7) of that section, to read: 184 212.08 Sales, rental, use, consumption, distribution, and 185 storage tax; specified exemptions.—The sale at retail, the 186 rental, the use, the consumption, the distribution, and the 187 storage to be used or consumed in this state of the following 188 are hereby specifically exempt from the tax imposed by this 189 chapter. 190 (5) EXEMPTIONS; ACCOUNT OF USE.— 191 (q) Building materials used in the construction or 192 rehabilitation of energy-efficient structures on real property 193 located in an energy economic zone.— 194 1. Building materials that are used in the construction or 195 rehabilitation of real property located in an energy economic 196 zone designated pursuant to s. 377.809 are exempt from taxes 197 imposed under this chapter on materials used for energy 198 efficient or green structures if such materials meet Leadership 199 in Energy and Environmental Design (LEED) standards, Florida 200 Green Lodging Standards, or the standards of another 201 professionally promulgated green building code as approved and 202 defined by the local governing body having jurisdiction of the 203 energy economic zone pursuant to s. 377.809(5). Except as 204 provided in subparagraph 2., this exemption inures to the owner, 205 lessee, or lessor of the real property located in an energy 206 economic zone only through a refund of previously paid taxes. To 207 receive a refund pursuant to this paragraph, the owner, lessee, 208 or lessor of the real property located in an energy economic 209 zone must file an application under oath with the governing body 210 of the local government having jurisdiction over the energy 211 economic zone where the business is located, as applicable, 212 which includes: 213 a. The name and address of the person claiming the refund. 214 b. An address and assessment roll parcel number of the real 215 property for which a refund of previously paid taxes is being 216 sought. 217 c. A description of the materials and energy-efficient 218 construction used to construct or rehabilitate the energy 219 efficient structure. 220 d. A copy of the building permit issued for the 221 construction of the real property. 222 e. A sworn statement, under the penalty of perjury, from 223 the general contractor licensed in this state with whom the 224 applicant contracted to accomplish the energy-efficient 225 construction or rehabilitation of the real property, which 226 statement lists the building materials used, the actual cost of 227 the building materials, and the amount of sales tax paid in this 228 state on the building materials. If a general contractor has not 229 been used, the applicant shall provide this information in a 230 sworn statement, under the penalty of perjury. Copies of the 231 invoices that evidence the purchase of the building materials 232 used in such rehabilitation and the payment of sales tax on the 233 building materials must be attached to the sworn statement 234 provided by the general contractor or by the applicant. 235 f. The identification of the energy economic zone in which 236 the energy-efficient structure constructed or rehabilitated is 237 located. 238 g. A certification by the local building code inspector 239 that the improvements necessary to accomplish the construction 240 or rehabilitation of the real property are substantially 241 complete. 242 h. Whether the business is a small business as defined in 243 s. 288.703(1). 244 i. If applicable, the name and address of each permanent 245 employee of the business, indicating those employees who reside 246 in the energy economic zone or an enterprise zone. 247 2. Within 30 working days after receipt of an application, 248 the local government having jurisdiction over the energy 249 economic zone shall review the application to determine if it 250 contains all the information required pursuant to subparagraph 251 1. and meets the criteria set out in this paragraph. The local 252 government shall certify all applications that contain the 253 information required pursuant to subparagraph 1. and meet the 254 criteria set out in this paragraph as eligible to receive a 255 refund. The certification shall be in writing, and a copy of the 256 certification shall be transmitted to the executive director of 257 the Department of Revenue. The applicant is responsible for 258 forwarding a certified application to the department within the 259 time specified in subparagraph 3. The local government may 260 charge a reasonable administrative fee for reviewing and 261 processing applications. 262 3. An application for a refund pursuant to this paragraph 263 must be submitted to the department within 6 months after the 264 construction of the property is deemed to be substantially 265 complete by the local building code inspector or by September 1 266 after the rehabilitated property is first subject to assessment. 267 4. Not more than one exemption through a refund of 268 previously paid taxes for the construction of real property is 269 permitted for any single parcel of property unless there is a 270 change in ownership between unrelated parties, a new lessor, or 271 a new lessee, other than related parties. A refund may not be 272 granted pursuant to this paragraph unless the amount to be 273 refunded exceeds $500. A refund granted pursuant to this 274 paragraph may not exceed the lesser of 97 percent of the state 275 sales and use tax paid on the cost of the building materials 276 used in the construction of the real property as determined 277 pursuant to sub-subparagraph 1.e. or $5,000, or, if no fewer 278 than 20 percent of the employees of the business are residents 279 of an energy economic zone or an enterprise zone, excluding 280 temporary and part-time employees, the amount of refund granted 281 pursuant to this paragraph may not exceed the lesser of 97 282 percent of the sales tax paid on the cost of such building 283 materials or $10,000. A refund approved by the department 284 pursuant to this paragraph shall be made within 30 days after 285 formal approval of the application, which determination shall be 286 made within 30 days after receiving the application. 287 5. The department may adopt rules governing the manner and 288 form of refund applications and may establish guidelines as to 289 the requisites for an affirmative showing of qualification for 290 exemption under this paragraph. 291 6. As used in this paragraph the term: 292 a. “Building materials” means tangible personal property 293 that becomes a component part of construction and improvements 294 to real property. 295 b. “Real property” has the same meaning as provided in s. 296 192.001(12), except that the term does not include a condominium 297 or condominium property as defined in s. 718.013. 298 c. “Energy-efficient construction” means the construction, 299 renovation, restoration, rehabilitation, or expansion of 300 improvements to real property resulting in a structure that 301 meets Leadership in Energy and Environmental Design (LEED) 302 standards or standards of another professionally promulgated 303 green building code as defined and approved by the local 304 governing body having jurisdiction over the energy economic 305 zone. 306 d. “Energy-efficient structures” means structures that meet 307 LEED-certified buildings standards or that, upon issuance of a 308 certificate of completion or business tax receipt, meet Green 309 Lodging Standards, or standards of another professionally 310 promulgated green building code as defined and approved by the 311 local governing body having jurisdiction of the energy economic 312 zone pursuant to s. 377.809(5). 313 e. “Substantially completed” has the same meaning as 314 provided in s. 192.042(1). 315 7. The total amount of refunds that may be granted under 316 this section is subject to the limits in s. 377.809(6). 317 (r) Business property used in an energy economic zone.— 318 1. Business property purchased for use by businesses 319 located in an energy economic zone designated pursuant to s. 320 377.809 is exempt from the tax imposed by this chapter by 321 approval of the local governing body of the jurisdiction in 322 which the energy economic zone is located. This exemption inures 323 to the business only through a refund of previously paid taxes. 324 A refund shall be authorized upon an affirmative showing by the 325 taxpayer to the satisfaction of the local governing body and the 326 department that the requirements of this paragraph have been 327 met. 328 2. To receive a refund, the business must certify to the 329 local government having jurisdiction over the energy economic 330 zone in which the business is located, as applicable, an 331 application that includes: 332 a. The name and address of the business claiming the 333 refund. 334 b. A specific description of the property for which a 335 refund is sought, including its serial number or other permanent 336 identification number. 337 c. The location of the property. 338 d. The sales invoice or other proof of purchase of the 339 property, showing the amount of sales tax paid, the date of 340 purchase, and the name and address of the sales tax dealer from 341 whom the property was purchased. 342 e. Whether the business is a small business as defined by 343 s. 288.703. 344 f. If applicable, the name and address of each permanent 345 employee of the business, indicating those employees who reside 346 in the energy economic zone. 347 3. An application for a refund pursuant to this paragraph 348 must be submitted to the local government having jurisdiction 349 over the energy economic zone within 6 months after the tax is 350 due on the business property that is purchased. 351 4. Within 30 business days after receipt of an application, 352 the local government shall review the application to determine 353 if it contains all the information required pursuant to 354 subparagraph 2. and meets the criteria set out in this 355 paragraph. After review, the certified application shall be 356 transmitted to the department. 357 5. The amount refunded on purchases of business property 358 under this paragraph is the lesser of 97 percent of the sales 359 tax paid on such business property or $5,000, or, if at least 20 360 percent of the employees of the business are residents of an 361 energy economic zone or an enterprise zone, excluding temporary 362 and part-time employees, the amount refunded on purchases of 363 business property under this paragraph shall be the lesser of 97 364 percent of the sales tax paid on such business property or 365 $10,000. A refund approved pursuant to this paragraph is within 366 30 days after formal approval by the department of the 367 application for the refund. A refund may not be granted under 368 this paragraph unless the amount to be refunded exceeds $100 in 369 sales tax paid on purchases made within a 60-day period. 370 6. The department shall adopt rules governing the manner 371 and form of refund applications and may establish guidelines as 372 to the requisites for an affirmative showing of qualification 373 for exemption under this paragraph. 374 7. If the department determines that the business property 375 is used outside an energy economic zone within 3 years after the 376 date of purchase, the amount of taxes refunded to the business 377 purchasing such business property shall immediately be due and 378 payable to the department by the business, together with the 379 appropriate interest and penalty, computed from the date of 380 purchase, in the manner provided by this chapter. 381 8. As used in this paragraph, the term, “business property” 382 means new or used tangible personal property having a sales 383 price of at least $1,000 and used in an energy economic zone by 384 a clean technology industry or business or in implementing clean 385 technologies and energy efficiency investments in an existing 386 business as approved and defined pursuant to s. 377.809. 387 9. The total amount of refunds that may be granted under 388 this section is subject to the limits in s. 377.809(6). 389 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any 390 entity by this chapter do not inure to any transaction that is 391 otherwise taxable under this chapter when payment is made by a 392 representative or employee of the entity by any means, 393 including, but not limited to, cash, check, or credit card, even 394 when that representative or employee is subsequently reimbursed 395 by the entity. In addition, exemptions provided to any entity by 396 this subsection do not inure to any transaction that is 397 otherwise taxable under this chapter unless the entity has 398 obtained a sales tax exemption certificate from the department 399 or the entity obtains or provides other documentation as 400 required by the department. Eligible purchases or leases made 401 with such a certificate must be in strict compliance with this 402 subsection and departmental rules, and any person who makes an 403 exempt purchase with a certificate that is not in strict 404 compliance with this subsection and the rules is liable for and 405 shall pay the tax. The department may adopt rules to administer 406 this subsection. 407 (ggg) Clean technology and manufacturing products.—Clean 408 technology and manufacturing products used in energy economic 409 zones, specified in an ordinance adopted pursuant to s. 410 377.809(5), are exempt from the tax imposed by this chapter. The 411 local governing body of the jurisdiction in which the energy 412 economic zone is located, upon consulting with the Florida 413 Energy Systems Consortium, shall provide the department a list 414 of clean technology and manufacturing products eligible for the 415 exemption by December 31, 2010, and shall update the list at 416 least every 2 years. The total amount of refunds which may be 417 granted under this paragraph is subject to the limits in s. 418 377.809(6). 419 Section 3. Section 220.195, Florida Statutes, is created to 420 read: 421 220.195 Energy economic zone jobs tax credit.— 422 (1) As used in this section, the term: 423 (a) “Eligible business” means an eligible clean technology 424 business or any business making an energy-efficiency investment 425 which is located in an energy economic zone designated pursuant 426 to s. 377.809 and which is authorized to receive credits by the 427 ordinance adopted under s. 377.809(5). 428 (b) “Qualified employee” means a resident of this state 429 who: 430 1. Is first employed by an eligible business on or after 431 July 1, 2011; 432 2. Is not an owner, partner, or majority stockholder of an 433 eligible business; and 434 3. Is employed by an eligible business for at least 6 435 months. 436 (2)(a) A credit against the tax imposed under this chapter 437 may be claimed by an eligible business for compensation paid to 438 a qualified employee. 439 (b) The credit authorized by this subsection shall equal 10 440 percent of the compensation paid for the first 2 years of 441 employment in this state by an eligible business. However, the 442 credit shall equal 20 percent of the compensation payroll for 443 those same years if the employee resides within the designated 444 energy economic zone or an enterprise zone. 445 (c) The credit authorized by this subsection may not exceed 446 $5,000 annually for each qualified employee except for employees 447 who reside in the designated energy economic zone, in which case 448 the credit may not exceed $ 10,000. 449 (d) This credit applies only with respect to wages subject 450 to unemployment tax. 451 (e) In order to be eligible for this credit, the qualified 452 employee must receive an annual salary at a minimum of the 453 average statewide annual salary or the average salary of the 454 metropolitan statistical area where the energy economic zone is 455 located. 456 (f) The credit authorized by this subsection is in addition 457 to any credit available to the business due to its location 458 within a designated enterprise zone. 459 (3) The total amount of credits which may be granted under 460 this section is subject to the limits in s. 377.809(6). 461 (4)(a) An eligible clean technology business must apply to 462 the local governing body of the community within an energy 463 economic zone pilot project for authorization to claim an energy 464 economic zone tax credit. The application must be filed under 465 oath and include: 466 1. The name and address of the business and documentation 467 that the business is an eligible clean technology business. 468 2. For each employee for which a tax credit is sought: 469 a. The employee’s name and documentation that the employee 470 is a qualified employee. 471 b. The salary or hourly wages, including the hourly wages 472 subject to unemployment tax paid to the qualified employee. 473 (b) The applicant for a tax credit has the burden of 474 demonstrating to the satisfaction of the local governing body 475 and the department that it meets the requirements of this 476 section. 477 (c) Within 30 business days after receipt of an 478 application, the local government of the jurisdiction in which 479 the energy economic zone is located shall certify an application 480 if it contains the information required pursuant to this section 481 and meets the criteria set out in this section as eligible to 482 receive a credit. If applicable, the local government shall also 483 certify the number and identify the employees of the business 484 who are residents of the energy economic zone or an enterprise 485 zone, excluding temporary and part-time employees. The 486 certification shall be in writing and a copy of the 487 certification shall be provided to the department. The business 488 is responsible for forwarding a certified application to the 489 department. 490 (d) The taxpayer must affirmatively demonstrate to the 491 satisfaction of the local government and the department that it 492 meets the requirements of this section. 493 (5) An eligible business may not carry over more tax 494 credits in an amended return than were claimed on the original 495 return for the taxable year. 496 (6)(a) Any person who fraudulently claims this credit is 497 liable for repayment of the credit, plus a mandatory penalty in 498 the amount of 200 percent of the credit, plus interest at the 499 rate provided in s. 220.807, and commits a felony of the third 500 degree, punishable as provided in s. 775.082, s. 775.083, or s. 501 775.084. 502 (b) Any person who makes an underpayment of tax as a result 503 of a grossly overstated claim for this credit commits a felony 504 of the third degree, punishable as provided in s. 775.082, s. 505 775.083, or s. 775.084. As used in this paragraph, the term 506 “grossly overstated claim” means a claim in an amount in excess 507 of 100 percent of the amount of credit allowable under this 508 section. 509 (7) The department may adopt rules to prescribe any 510 necessary forms required to claim a tax credit under this 511 section and to provide guidelines and procedures required to 512 administer the provisions of this section. 513 (8) The total amount of credits which may be granted under 514 this section is subject to the limits provided in s. 377.809(6). 515 Section 4. Section 220.196, Florida Statutes, is created to 516 read: 517 220.196 Energy Economic Zone Pilot Program property tax 518 credit.— 519 (1)(a) There shall be allowed a credit against the tax 520 imposed by this chapter to any business that establishes a new 521 business as defined in s. 220.03, makes an expansion of an 522 existing business as defined in s. 220.03, or rebuilds an 523 existing business as defined in s. 220.03 for eligible 524 businesses as approved and defined in s. 377.809 located in an 525 energy economic zone designated pursuant to s. 377.809. The 526 credit shall be computed annually as ad valorem taxes paid in 527 this state, in the case of a new business; the additional ad 528 valorem tax paid in this state resulting from assessments on 529 additional real or tangible personal property acquired to 530 facilitate the expansion of an existing business; or the ad 531 valorem taxes paid in this state resulting from assessments on 532 property replaced or restored, in the case of a rebuilt 533 business, including pollution and waste control facilities, or 534 any part thereof, and including one or more buildings or other 535 structures, machinery, fixtures, and equipment. 536 (b) If the credit granted pursuant to this section is not 537 fully used in any one year, the unused amount may be carried 538 forward for a period not to exceed 4 years. The carryover credit 539 may be used in a subsequent year when the tax imposed by this 540 chapter for such year exceeds the credit for such year under 541 this section after applying the other credits and unused credit 542 carryovers. The amount of credit taken under this section in any 543 one year, however, may not exceed $25,000 or, if at least 20 544 percent of the employees of the business are residents of the 545 energy economic zone or an enterprise zone, the amount may not 546 exceed $50,000. 547 (2) To be eligible to receive an expanded energy economic 548 zone property tax credit of up to $50,000, the business must 549 provide a statement, under oath, on the form prescribed by the 550 department for claiming the credit authorized by this section, 551 that at least 20 percent of its employees, excluding temporary 552 and part-time employees, are residents of the energy economic 553 zone or a designated enterprise zone. It shall be a condition 554 precedent to the granting of each annual tax credit that such 555 employment requirements be fulfilled throughout each year during 556 the 5-year period of the credit. The statement shall set forth 557 the name and place of residence of each permanent employee on 558 the last day of business of the tax year for which the credit is 559 claimed or, if the employee is no longer employed or eligible 560 for the credit on that date, the last calendar day of the last 561 full calendar month that the employee was employed or eligible 562 for the credit at the relevant site. 563 (3) The credit is available to a new business for a period 564 not to exceed the year in which ad valorem taxes are first 565 levied against the business and the 4 years immediately 566 thereafter. The credit is available to an expanded existing 567 business for a period not to exceed the year in which ad valorem 568 taxes are first levied on additional real or tangible personal 569 property acquired to facilitate the expansion or rebuilding and 570 the 4 years immediately thereafter. A business may not claim the 571 credit authorized by this section for more than 5 consecutive 572 years, except for any credit amount attributable to the 573 carryover of a previously earned credit. 574 (4) To be eligible for an energy economic zone property tax 575 credit, a new, expanded, or rebuilt business shall file a notice 576 with the property appraiser of the county in which the business 577 property is located or to be located. The notice shall be filed 578 no later than April 1 of the year in which new or additional 579 real or tangible personal property acquired to facilitate such 580 new, expanded, or rebuilt facility is first subject to 581 assessment. The notice shall be made on a form prescribed by the 582 department and shall include separate descriptions of: 583 (a) Real and tangible personal property owned or leased by 584 the business prior to expansion, if any. 585 (b) Net new or additional real and tangible personal 586 property acquired to facilitate the new, expanded, or rebuilt 587 facility. 588 (5) When filing for an energy economic zone property tax 589 credit as a new business, a business shall include a copy of its 590 receipt indicating payment of ad valorem taxes for the current 591 year. 592 (6) When filing for an energy economic zone property tax 593 credit as an expanded or rebuilt business, a business shall 594 include copies of its receipts indicating payment of ad valorem 595 taxes for the current year for prior existing property and for 596 expansion-related or rebuilt property. 597 (7) The receipts described in subsections (5) and (6) shall 598 indicate the assessed value of the property, the property taxes 599 paid, a brief description of the property, and an indication, if 600 applicable, that the property was separately assessed as 601 expansion-related or rebuilt property. 602 (8) The department may adopt rules to administer the 603 provisions of this section. 604 (9) The taxpayer has the responsibility to affirmatively 605 demonstrate to the satisfaction of the local government having 606 jurisdiction of the energy economic zone and the department that 607 he or she meets the requirements of this section. 608 (10) When claiming an energy economic zone property tax 609 credit as an expansion of an existing business or as a new 610 business, it is a condition precedent to the granting of each 611 annual tax credit that there have been, throughout each year 612 during the 5-year period, at least five more employees than in 613 the year preceding the initial granting of the credit. 614 (11) To apply for an energy economic zone property tax 615 credit, a new, expanded, or rebuilt business must file under 616 oath with the local government having jurisdiction over the 617 energy economic zone where the business is located an 618 application prescribed by the department for claiming the credit 619 authorized by this section. Within 30 business days after 620 receipt of an application, the local government shall review and 621 certify as applicable all applications that contain the 622 information required pursuant to this section and meet the 623 criteria set out in this section as eligible to receive a 624 credit. If applicable, the local government shall also certify 625 whether at least 20 percent of the employees of the business are 626 residents of an energy economic zone or designated enterprise 627 zone, excluding temporary and part-time employees. The 628 certification shall be in writing, and a copy of the 629 certification shall be transmitted to the department. The 630 business is responsible for forwarding all certified 631 applications to the department. 632 (12) When filing for an energy economic zone property tax 633 credit, a business shall include identification of the 634 designated energy economic zone in which the business is 635 located. 636 (13) When filing for an energy economic zone property tax 637 credit, a business shall indicate whether the business is a 638 small business as defined by s. 288.703. 639 (14) The total amount of credits which may be granted under 640 this section is subject to the limits provided in s. 377.809(6). 641 Section 5. This act shall take effect July 1, 2010.
