Florida Statutes 288.107 – Brownfield redevelopment bonus refunds
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(1) DEFINITIONS.–As used in this section:
For details, see Fla. Stat. § 775.082(3)(e)
(a) “Account” means the Economic Development Incentives Account as authorized in s. 288.095.
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Felony of the third degree | up to 5 years | up to $5,000 |
Terms Used In Florida Statutes 288.107
- Department: means the Department of Commerce. See Florida Statutes 288.005
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Jobs: means full-time equivalent positions, including, but not limited to, positions obtained from a temporary employment agency or employee leasing company or through a union agreement or coemployment under a professional employer organization agreement, which result directly from a project in this state. See Florida Statutes 288.005
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(b) “Brownfield sites” means sites that are generally abandoned, idled, or underused industrial and commercial properties where expansion or redevelopment is complicated by actual or perceived environmental contamination.
(c) “Brownfield area eligible for bonus refunds” means a brownfield site for which a rehabilitation agreement with the Department of Environmental Protection or a local government delegated by the Department of Environmental Protection has been executed under s. 376.80 and any abutting real property parcel within a brownfield area which has been designated by a local government by resolution under s. 376.80.
(d) “Eligible business” means a business that can demonstrate a fixed capital investment of at least $2 million in mixed-use business activities, including multiunit housing, commercial, retail, and industrial in brownfield areas eligible for bonus refunds, and that provides benefits to its employees.
(e) “Jobs” means full-time equivalent positions, including, but not limited to, positions obtained from a temporary employment agency or employee leasing company or through a union agreement or coemployment under a professional employer organization agreement, that result directly from a project in this state. The term does not include temporary construction jobs involved with the construction of facilities for the project and which are not associated with the implementation of the site rehabilitation as provided in s. 376.80.
(f) “Project” means the creation of a new business or the expansion of an existing business.
(2) BROWNFIELD REDEVELOPMENT BONUS REFUND.–Bonus refunds shall be approved by the department as specified in the final order and allowed from the account as a bonus refund of up to $2,500 to any eligible business for each new Florida job created in a brownfield area eligible for bonus refunds which is claimed under an annual claim procedure similar to the annual refund claim authorized in former s. 288.106(6). The amount of the refund shall be equal to 20 percent of the average annual wage for the jobs created.
(3) CRITERIA.–The minimum criteria for participation in the brownfield redevelopment bonus refund are:
(a) The creation of at least 10 new full-time permanent jobs. Such jobs shall not include construction or site rehabilitation jobs associated with the implementation of a brownfield site agreement as described in s. 376.80(5).
(b) The completion of a fixed capital investment of at least $2 million in mixed-use business activities, including multiunit housing, commercial, retail, and industrial in brownfield areas eligible for bonus refunds, by an eligible business applying for a refund under subsection (2) which provides benefits to its employees.
(4) PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.–
(a) To be eligible to receive a bonus refund for new Florida jobs created in a brownfield area eligible for bonus refunds, a business must have been certified as an eligible business as defined in paragraph (1)(d) and must have indicated on the tax refund application form submitted to the department that the project for which the application is submitted is or will be located in a brownfield area eligible for bonus refunds and that the business is applying for certification as a qualified brownfield business under this section, and must have signed a tax refund agreement with the department that indicates that the business has been certified as located in a brownfield area eligible for bonus refunds and specifies the schedule of brownfield redevelopment bonus refunds that the business may be eligible to receive in each fiscal year.
(b) To be considered to receive an eligible brownfield redevelopment bonus refund payment, the business meeting the requirements of paragraph (a) must submit a claim once each fiscal year on a claim form approved by the department which indicates the location of the brownfield site for which a rehabilitation agreement with the Department of Environmental Protection or a local government delegated by the Department of Environmental Protection has been executed under s. 376.80, the address of the business facility’s brownfield location, the name of the brownfield in which it is located, the number of jobs created, and the average wage of the jobs created by the business within the brownfield.
(c) After entering into a tax refund agreement, an eligible business may receive brownfield redevelopment bonus refunds from the account:
1. For both of the following taxes due and paid by that business beginning with the first taxable year of the business that begins after entering into the agreement:
a. Corporate income taxes under chapter 220.
b. Insurance premium tax under s. 624.509.
2. For all of the following taxes due and paid by that business after entering into the agreement:
a. Taxes on sales, use, and other transactions under chapter 212.
b. Intangible personal property taxes under chapter 199.
c. Excise taxes on documents under chapter 201.
d. Ad valorem taxes paid, as defined in s. 220.03(1).
e. State communications services taxes administered under chapter 202. This provision does not apply to the gross receipts tax imposed under chapter 203 and administered under chapter 202 or the local communications services tax authorized under s. 202.19.
(d) An eligible business that fraudulently claims a refund under this section:
1. Is liable for repayment of the amount of the refund to the account, plus a mandatory penalty in the amount of 200 percent of the tax refund, which shall be deposited into the General Revenue Fund.
(e) Applications shall be reviewed and certified pursuant to s. 288.061 before the business has made a decision to locate or expand a facility in this state. The department shall review all applications submitted which indicate that the proposed project will be located in a brownfield area eligible for bonus refunds and determine, with the assistance of the Department of Environmental Protection, that the project location is within a brownfield area eligible for bonus refunds as provided in this act.
(f) The department shall approve all claims for a brownfield redevelopment bonus refund payment that are found to meet the requirements of this section.
(g) The department, with such assistance as may be required from the Department of Environmental Protection, shall specify by written final order the amount of the brownfield redevelopment bonus refund that is authorized for the business for the fiscal year within 30 days after the date that the claim for the annual tax refund is received by the department.
(h) The total amount of the bonus refunds approved by the department under this section in any fiscal year must not exceed the total amount appropriated to the Economic Development Incentives Account for this purpose for the fiscal year. In the event that the Legislature does not appropriate an amount sufficient to satisfy projections by the department for brownfield redevelopment bonus refunds under this section in a fiscal year, the department shall, not later than July 15 of such year, determine the proportion of each brownfield redevelopment bonus refund claim which shall be paid by dividing the amount appropriated for tax refunds for the fiscal year by the projected total of brownfield redevelopment bonus refund claims for the fiscal year. The amount of each claim for a brownfield redevelopment bonus tax refund shall be multiplied by the resulting quotient. If, after the payment of all such refund claims, funds remain in the Economic Development Incentives Account for brownfield redevelopment tax refunds, the department shall recalculate the proportion for each refund claim and adjust the amount of each claim accordingly.
(i) Upon approval of the brownfield redevelopment bonus refund, payment shall be made for the amount specified in the final order. If the final order is appealed, payment may not be made for a refund to the business until the conclusion of all appeals of that order.
(5) ADMINISTRATION.–
(a) The department may verify information provided in any claim submitted for tax credits under this section with regard to employment and wage levels or the payment of the taxes to the appropriate agency or authority, including the Department of Revenue, or any local government or authority.
(b) To facilitate the process of monitoring and auditing applications made under this program, the department may provide a list of businesses to the Department of Revenue, to the Department of Environmental Protection, or to any local government authority. The department may request the assistance of those entities with respect to monitoring the payment of the taxes listed in paragraph (4)(c).
(c) The department may adopt rules, including an application form, to administer this section.