Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 2044
       
       
       
       
       
       
                                Barcode 346856                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/11/2011           .                                
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       The Committee on Budget Subcommittee on Finance and Tax
       (Bogdanoff) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 476 and 477
    4  insert:
    5         Section 10. Effective January 1, 2012, paragraph (a) of
    6  subsection (1) of section 72.011, Florida Statutes, is amended
    7  to read:
    8         72.011 Jurisdiction of circuit courts in specific tax
    9  matters; administrative hearings and appeals; time for
   10  commencing action; parties; deposits.—
   11         (1)(a) A taxpayer may contest the legality of any
   12  assessment or denial of refund of tax, fee, surcharge, permit,
   13  interest, or penalty provided for under s. 125.0104, s.
   14  125.0108, chapter 198, chapter 199, chapter 201, chapter 202,
   15  chapter 203, chapter 206, chapter 207, chapter 210, chapter 211,
   16  chapter 212, chapter 213, chapter 220, chapter 221, s.
   17  379.362(3), chapter 376, s. 403.717, s. 403.718, s. 403.7185, s.
   18  538.09, s. 538.25, chapter 550, chapter 561, chapter 562,
   19  chapter 563, chapter 564, chapter 565, chapter 624, or s.
   20  681.117 by filing an action in circuit court; or, alternatively,
   21  the taxpayer may file a petition under the applicable provisions
   22  of chapter 120. However, once an action has been initiated under
   23  s. 120.56, s. 120.565, s. 120.569, s. 120.57, or s.
   24  120.80(14)(b), no action relating to the same subject matter may
   25  be filed by the taxpayer in circuit court, and judicial review
   26  shall be exclusively limited to appellate review pursuant to s.
   27  120.68; and once an action has been initiated in circuit court,
   28  no action may be brought under chapter 120.
   29         Section 11. Effective January 1, 2012, section 72.041,
   30  Florida Statutes, is amended to read:
   31         72.041 Tax liabilities arising under the laws of other
   32  states.—Actions to enforce lawfully imposed sales, use, and
   33  corporate income taxes and motor and other fuel taxes of another
   34  state may be brought in a court of this state under the
   35  following conditions:
   36         (1) The state seeking to institute an action for the
   37  collection, assessment, or enforcement of a lawfully imposed tax
   38  must have extended a like courtesy to this state;
   39         (2) Venue for any action under this section shall be the
   40  circuit court of the county in which the defendant resides;
   41         (3) This section does not apply to the enforcement of tax
   42  warrants of another state unless the warrant has been obtained
   43  as a result of a judgment entered by a court of competent
   44  jurisdiction in the taxing state or unless the courts of the
   45  state seeking to enforce its warrant allow the enforcement of
   46  the warrants issued by the Department of Revenue pursuant to
   47  chapters 206, 212, 213, and 220, and 221; and
   48         (4) All tax liabilities owing to this state or any of its
   49  subdivisions shall be paid first and shall be prior in right to
   50  any tax liability arising under the laws of other states.
   51         Section 12. Effective January 1, 2012, subsection (8) of
   52  section 220.02, Florida Statutes, is amended to read:
   53         220.02 Legislative intent.—
   54         (8) It is the intent of the Legislature that credits
   55  against either the corporate income tax or the franchise tax be
   56  applied in the following order: those enumerated in s. 631.828,
   57  those enumerated in s. 220.191, those enumerated in s. 220.181,
   58  those enumerated in s. 220.183, those enumerated in s. 220.182,
   59  those enumerated in s. 220.1895, those enumerated in s. 220.194
   60  221.02, those enumerated in s. 220.184, those enumerated in s.
   61  220.186, those enumerated in s. 220.1845, those enumerated in s.
   62  220.19, those enumerated in s. 220.185, those enumerated in s.
   63  220.1875, those enumerated in s. 220.192, those enumerated in s.
   64  220.193, those enumerated in s. 288.9916, those enumerated in s.
   65  220.1899, and those enumerated in s. 220.1896.
   66         Section 13. Effective January 1, 2012, paragraph (a) of
   67  subsection (1) of section 220.13, Florida Statutes, is amended
   68  to read:
   69         220.13 “Adjusted federal income” defined.—
   70         (1) The term “adjusted federal income” means an amount
   71  equal to the taxpayer’s taxable income as defined in subsection
   72  (2), or such taxable income of more than one taxpayer as
   73  provided in s. 220.131, for the taxable year, adjusted as
   74  follows:
   75         (a) Additions.—There shall be added to such taxable income:
   76         1. The amount of any tax upon or measured by income,
   77  excluding taxes based on gross receipts or revenues, paid or
   78  accrued as a liability to the District of Columbia or any state
   79  of the United States which is deductible from gross income in
   80  the computation of taxable income for the taxable year.
   81         2. The amount of interest which is excluded from taxable
   82  income under s. 103(a) of the Internal Revenue Code or any other
   83  federal law, less the associated expenses disallowed in the
   84  computation of taxable income under s. 265 of the Internal
   85  Revenue Code or any other law, excluding 60 percent of any
   86  amounts included in alternative minimum taxable income, as
   87  defined in s. 55(b)(2) of the Internal Revenue Code, if the
   88  taxpayer pays tax under s. 220.11(3).
   89         3. In the case of a regulated investment company or real
   90  estate investment trust, an amount equal to the excess of the
   91  net long-term capital gain for the taxable year over the amount
   92  of the capital gain dividends attributable to the taxable year.
   93         4. That portion of the wages or salaries paid or incurred
   94  for the taxable year which is equal to the amount of the credit
   95  allowable for the taxable year under s. 220.181. This
   96  subparagraph shall expire on the date specified in s. 290.016
   97  for the expiration of the Florida Enterprise Zone Act.
   98         5. That portion of the ad valorem school taxes paid or
   99  incurred for the taxable year which is equal to the amount of
  100  the credit allowable for the taxable year under s. 220.182. This
  101  subparagraph shall expire on the date specified in s. 290.016
  102  for the expiration of the Florida Enterprise Zone Act.
  103         6. The amount taken as a credit under s. 220.194 of
  104  emergency excise tax paid or accrued as a liability to this
  105  state under chapter 221 which tax is deductible from gross
  106  income in the computation of taxable income for the taxable
  107  year.
  108         7. That portion of assessments to fund a guaranty
  109  association incurred for the taxable year which is equal to the
  110  amount of the credit allowable for the taxable year.
  111         8. In the case of a nonprofit corporation which holds a
  112  pari-mutuel permit and which is exempt from federal income tax
  113  as a farmers’ cooperative, an amount equal to the excess of the
  114  gross income attributable to the pari-mutuel operations over the
  115  attributable expenses for the taxable year.
  116         9. The amount taken as a credit for the taxable year under
  117  s. 220.1895.
  118         10. Up to nine percent of the eligible basis of any
  119  designated project which is equal to the credit allowable for
  120  the taxable year under s. 220.185.
  121         11. The amount taken as a credit for the taxable year under
  122  s. 220.1875. The addition in this subparagraph is intended to
  123  ensure that the same amount is not allowed for the tax purposes
  124  of this state as both a deduction from income and a credit
  125  against the tax. This addition is not intended to result in
  126  adding the same expense back to income more than once.
  127         12. The amount taken as a credit for the taxable year under
  128  s. 220.192.
  129         13. The amount taken as a credit for the taxable year under
  130  s. 220.193.
  131         14. Any portion of a qualified investment, as defined in s.
  132  288.9913, which is claimed as a deduction by the taxpayer and
  133  taken as a credit against income tax pursuant to s. 288.9916.
  134         15. The costs to acquire a tax credit pursuant to s.
  135  288.1254(5) that are deducted from or otherwise reduce federal
  136  taxable income for the taxable year.
  137         Section 14. Effective January 1, 2012, section 220.194,
  138  Florida Statutes, is created to read:
  139         220.194Emergency excise tax credit.—
  140         (1)Beginning with taxable years ending in 2012, a taxpayer
  141  who has earned, but not yet taken, a credit for emergency excise
  142  tax paid under former s. 221.02 may take such credit against the
  143  tax imposed by this chapter.
  144         (2)If a credit granted pursuant to this section is not
  145  fully used in taxable years ending in 2012 because of
  146  insufficient tax liability on the part of the taxpayer, the
  147  unused amount may be carried forward for a period not to exceed
  148  5 years. The carryover credit may be used in a subsequent year
  149  when the tax imposed by this chapter for such year exceeds the
  150  credit for such year, after applying the other credits and
  151  unused credit carryovers in the order provided in s. 220.02(8).
  152         Section 15. Effective January 1, 2012, subsection (4) of
  153  section 220.801, Florida Statutes, is amended to read:
  154         220.801 Penalties; failure to timely file returns.—
  155         (4) The provisions of this section shall specifically apply
  156  to the notice of federal change required under s. 220.23, and to
  157  any tax returns required under chapter 221, relating to the
  158  emergency excise tax.
  159         Section 16. Effective January 1, 2012, section 213.05,
  160  Florida Statutes, is amended to read:
  161         213.05 Department of Revenue; control and administration of
  162  revenue laws.—The Department of Revenue shall have only those
  163  responsibilities for ad valorem taxation specified to the
  164  department in chapter 192, taxation, general provisions; chapter
  165  193, assessments; chapter 194, administrative and judicial
  166  review of property taxes; chapter 195, property assessment
  167  administration and finance; chapter 196, exemption; chapter 197,
  168  tax collections, sales, and liens; chapter 199, intangible
  169  personal property taxes; and chapter 200, determination of
  170  millage. The Department of Revenue shall have the responsibility
  171  of regulating, controlling, and administering all revenue laws
  172  and performing all duties as provided in s. 125.0104, the Local
  173  Option Tourist Development Act; s. 125.0108, tourist impact tax;
  174  chapter 198, estate taxes; chapter 201, excise tax on documents;
  175  chapter 202, communications services tax; chapter 203, gross
  176  receipts taxes; chapter 206, motor and other fuel taxes; chapter
  177  211, tax on production of oil and gas and severance of solid
  178  minerals; chapter 212, tax on sales, use, and other
  179  transactions; chapter 220, income tax code; chapter 221,
  180  emergency excise tax; ss. 336.021 and 336.025, taxes on motor
  181  fuel and special fuel; s. 376.11, pollutant spill prevention and
  182  control; s. 403.718, waste tire fees; s. 403.7185, lead-acid
  183  battery fees; s. 538.09, registration of secondhand dealers; s.
  184  538.25, registration of secondary metals recyclers; s. 624.4621,
  185  group self-insurer’s fund premium tax; s. 624.5091, retaliatory
  186  tax; s. 624.475, commercial self-insurance fund premium tax; ss.
  187  624.509-624.511, insurance code: administration and general
  188  provisions; s. 624.515, State Fire Marshal regulatory
  189  assessment; s. 627.357, medical malpractice self-insurance
  190  premium tax; s. 629.5011, reciprocal insurers premium tax; and
  191  s. 681.117, motor vehicle warranty enforcement.
  192         Section 17. Effective January 1, 2012, subsection (1) and
  193  paragraph (k) of subsection (8) of section 213.053, Florida
  194  Statutes, as amended by chapter 2010-280, Laws of Florida, are
  195  amended to read:
  196         213.053 Confidentiality and information sharing.—
  197         (1) This section applies to:
  198         (a) Section 125.0104, county government;
  199         (b) Section 125.0108, tourist impact tax;
  200         (c) Chapter 175, municipal firefighters’ pension trust
  201  funds;
  202         (d) Chapter 185, municipal police officers’ retirement
  203  trust funds;
  204         (e) Chapter 198, estate taxes;
  205         (f) Chapter 199, intangible personal property taxes;
  206         (g) Chapter 201, excise tax on documents;
  207         (h) Chapter 202, the Communications Services Tax
  208  Simplification Law;
  209         (i) Chapter 203, gross receipts taxes;
  210         (j) Chapter 211, tax on severance and production of
  211  minerals;
  212         (k) Chapter 212, tax on sales, use, and other transactions;
  213         (l) Chapter 220, income tax code;
  214         (m) Chapter 221, emergency excise tax;
  215         (m)(n) Section 252.372, emergency management, preparedness,
  216  and assistance surcharge;
  217         (n)(o) Section 379.362(3), Apalachicola Bay oyster
  218  surcharge;
  219         (o)(p) Chapter 376, pollutant spill prevention and control;
  220         (p)(q) Section 403.718, waste tire fees;
  221         (q)(r) Section 403.7185, lead-acid battery fees;
  222         (r)(s) Section 538.09, registration of secondhand dealers;
  223         (s)(t) Section 538.25, registration of secondary metals
  224  recyclers;
  225         (t)(u) Sections 624.501 and 624.509-624.515, insurance
  226  code;
  227         (u)(v) Section 681.117, motor vehicle warranty enforcement;
  228  and
  229         (v)(w) Section 896.102, reports of financial transactions
  230  in trade or business.
  231         (8) Notwithstanding any other provision of this section,
  232  the department may provide:
  233         (k)1. Payment information relative to chapters 199, 201,
  234  202, 212, 220, 221, and 624, and former chapter 221 to the
  235  Office of Tourism, Trade, and Economic Development, or its
  236  employees or agents that are identified in writing by the office
  237  to the department, in the administration of the tax refund
  238  program for qualified defense contractors and space flight
  239  business contractors authorized by s. 288.1045 and the tax
  240  refund program for qualified target industry businesses
  241  authorized by s. 288.106.
  242         2. Information relative to tax credits taken by a business
  243  under s. 220.191 and exemptions or tax refunds received by a
  244  business under s. 212.08(5)(j) to the Office of Tourism, Trade,
  245  and Economic Development, or its employees or agents that are
  246  identified in writing by the office to the department, in the
  247  administration and evaluation of the capital investment tax
  248  credit program authorized in s. 220.191 and the semiconductor,
  249  defense, and space tax exemption program authorized in s.
  250  212.08(5)(j).
  251         3. Information relative to tax credits taken by a taxpayer
  252  pursuant to the tax credit programs created in ss. 193.017;
  253  212.08(5)(g),(h),(n),(o) and (p); 212.08(15); 212.096; 212.097;
  254  212.098; 220.181; 220.182; 220.183; 220.184; 220.1845; 220.185;
  255  220.1895; 220.19; 220.191; 220.192; 220.193; 288.0656; 288.99;
  256  290.007; 376.30781; 420.5093; 420.5099; 550.0951; 550.26352;
  257  550.2704; 601.155; 624.509; 624.510; 624.5105; and 624.5107 to
  258  the Office of Tourism, Trade, and Economic Development, or its
  259  employees or agents that are identified in writing by the office
  260  to the department, for use in the administration or evaluation
  261  of such programs.
  262  
  263  Disclosure of information under this subsection shall be
  264  pursuant to a written agreement between the executive director
  265  and the agency. Such agencies, governmental or nongovernmental,
  266  shall be bound by the same requirements of confidentiality as
  267  the Department of Revenue. Breach of confidentiality is a
  268  misdemeanor of the first degree, punishable as provided by s.
  269  775.082 or s. 775.083.
  270         Section 18. Effective January 1, 2012, subsection (12) of
  271  section 213.255, Florida Statutes, is amended to read:
  272         213.255 Interest.—Interest shall be paid on overpayments of
  273  taxes, payment of taxes not due, or taxes paid in error, subject
  274  to the following conditions:
  275         (12) The rate of interest shall be the adjusted rate
  276  established pursuant to s. 213.235, except that the annual rate
  277  of interest shall never be greater than 11 percent. This annual
  278  rate of interest shall be applied to all refunds of taxes
  279  administered by the department except for corporate income taxes
  280  and emergency excise taxes governed by ss. 220.721 and 220.723.
  281         Section 19. Effective January 1, 2012, chapter 221, Florida
  282  Statutes, consisting of section 221.01, 221.02, 221.04, and
  283  221.05, is repealed.
  284         Section 20. Effective January 1, 2012, paragraph (a) of
  285  subsection (6) of section 288.075, Florida Statutes, is amended
  286  to read:
  287         288.075 Confidentiality of records.—
  288         (6) ECONOMIC INCENTIVE PROGRAMS.—
  289         (a) The following information held by an economic
  290  development agency pursuant to the administration of an economic
  291  incentive program for qualified businesses is confidential and
  292  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  293  Constitution for a period not to exceed the duration of the
  294  incentive agreement, including an agreement authorizing a tax
  295  refund or tax credit, or upon termination of the incentive
  296  agreement:
  297         1. The percentage of the business’s sales occurring outside
  298  this state and, for businesses applying under s. 288.1045, the
  299  percentage of the business’s gross receipts derived from
  300  Department of Defense contracts during the 5 years immediately
  301  preceding the date the business’s application is submitted.
  302         2. The anticipated wages for the project jobs that the
  303  business plans to create, as reported on the application for
  304  certification.
  305         3. The average wage actually paid by the business for those
  306  jobs created by the project or an employee’s personal
  307  identifying information which is held as evidence of the
  308  achievement or nonachievement of the wage requirements of the
  309  tax refund, tax credit, or incentive agreement programs or of
  310  the job creation requirements of such programs.
  311         4. The amount of:
  312         a. Taxes on sales, use, and other transactions paid
  313  pursuant to chapter 212;
  314         b. Corporate income taxes paid pursuant to chapter 220;
  315         c. Intangible personal property taxes paid pursuant to
  316  chapter 199;
  317         d. Emergency excise taxes paid pursuant to chapter 221;
  318         d.e. Insurance premium taxes paid pursuant to chapter 624;
  319         e.f. Excise taxes paid on documents pursuant to chapter
  320  201;
  321         f.g. Ad valorem taxes paid, as defined in s. 220.03(1); or
  322         g.h. State communications services taxes paid pursuant to
  323  chapter 202.
  324         Section 21. Effective January 1, 2012, paragraph (f) of
  325  subsection (2) of section 288.1045, Florida Statutes, is amended
  326  to read:
  327         288.1045 Qualified defense contractor and space flight
  328  business tax refund program.—
  329         (2) GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.—
  330         (f) After entering into a tax refund agreement pursuant to
  331  subsection (4), a qualified applicant may:
  332         1. Receive refunds from the account for corporate income
  333  taxes due and paid pursuant to chapter 220 by that business
  334  beginning with the first taxable year of the business which
  335  begins after entering into the agreement.
  336         2. Receive refunds from the account for the following taxes
  337  due and paid by that business after entering into the agreement:
  338         a. Taxes on sales, use, and other transactions paid
  339  pursuant to chapter 212.
  340         b. Intangible personal property taxes paid pursuant to
  341  chapter 199.
  342         c. Emergency excise taxes paid pursuant to chapter 221.
  343         c.d. Excise taxes paid on documents pursuant to chapter
  344  201.
  345         d.e. Ad valorem taxes paid, as defined in s. 220.03(1)(a)
  346  on June 1, 1996.
  347         e.f. State communications services taxes administered under
  348  chapter 202. This provision does not apply to the gross receipts
  349  tax imposed under chapter 203 and administered under chapter 202
  350  or the local communications services tax authorized under s.
  351  202.19.
  352  
  353  However, a qualified applicant may not receive a tax refund
  354  pursuant to this section for any amount of credit, refund, or
  355  exemption granted such contractor for any of such taxes. If a
  356  refund for such taxes is provided by the office, which taxes are
  357  subsequently adjusted by the application of any credit, refund,
  358  or exemption granted to the qualified applicant other than that
  359  provided in this section, the qualified applicant shall
  360  reimburse the Economic Development Trust Fund for the amount of
  361  such credit, refund, or exemption. A qualified applicant must
  362  notify and tender payment to the office within 20 days after
  363  receiving a credit, refund, or exemption, other than that
  364  provided in this section. The addition of communications
  365  services taxes administered under chapter 202 is remedial in
  366  nature and retroactive to October 1, 2001. The office may make
  367  supplemental tax refund payments to allow for tax refunds for
  368  communications services taxes paid by an eligible qualified
  369  defense contractor after October 1, 2001.
  370         Section 22. Effective January 1, 2012, paragraph (d) of
  371  subsection (3) of section 288.106, Florida Statutes, is amended
  372  to read:
  373         288.106 Tax refund program for qualified target industry
  374  businesses.—
  375         (3) TAX REFUND; ELIGIBLE AMOUNTS.—
  376         (d) After entering into a tax refund agreement under
  377  subsection (5), a qualified target industry business may:
  378         1. Receive refunds from the account for the following taxes
  379  due and paid by that business beginning with the first taxable
  380  year of the business that begins after entering into the
  381  agreement:
  382         a. Corporate income taxes under chapter 220.
  383         b. Insurance premium tax under s. 624.509.
  384         2. Receive refunds from the account for the following taxes
  385  due and paid by that business after entering into the agreement:
  386         a. Taxes on sales, use, and other transactions under
  387  chapter 212.
  388         b. Intangible personal property taxes under chapter 199.
  389         c. Emergency excise taxes under chapter 221.
  390         c.d. Excise taxes on documents under chapter 201.
  391         d.e. Ad valorem taxes paid, as defined in s. 220.03(1).
  392         e.f. State communications services taxes administered under
  393  chapter 202. This provision does not apply to the gross receipts
  394  tax imposed under chapter 203 and administered under chapter 202
  395  or the local communications services tax authorized under s.
  396  202.19.
  397         Section 23. Effective January 1, 2012, subsection (1) of
  398  section 334.30, Florida Statutes, is amended to read:
  399         334.30 Public-private transportation facilities.—The
  400  Legislature finds and declares that there is a public need for
  401  the rapid construction of safe and efficient transportation
  402  facilities for the purpose of traveling within the state, and
  403  that it is in the public’s interest to provide for the
  404  construction of additional safe, convenient, and economical
  405  transportation facilities.
  406         (1) The department may receive or solicit proposals and,
  407  with legislative approval as evidenced by approval of the
  408  project in the department’s work program, enter into agreements
  409  with private entities, or consortia thereof, for the building,
  410  operation, ownership, or financing of transportation facilities.
  411  The department may advance projects programmed in the adopted 5
  412  year work program or projects increasing transportation capacity
  413  and greater than $500 million in the 10-year Strategic
  414  Intermodal Plan using funds provided by public-private
  415  partnerships or private entities to be reimbursed from
  416  department funds for the project as programmed in the adopted
  417  work program. The department shall by rule establish an
  418  application fee for the submission of unsolicited proposals
  419  under this section. The fee must be sufficient to pay the costs
  420  of evaluating the proposals. The department may engage the
  421  services of private consultants to assist in the evaluation.
  422  Before approval, the department must determine that the proposed
  423  project:
  424         (a) Is in the public’s best interest;
  425         (b) Would not require state funds to be used unless the
  426  project is on the State Highway System;
  427         (c) Would have adequate safeguards in place to ensure that
  428  no additional costs or service disruptions would be realized by
  429  the traveling public and residents of the state in the event of
  430  default or cancellation of the agreement by the department;
  431         (d) Would have adequate safeguards in place to ensure that
  432  the department or the private entity has the opportunity to add
  433  capacity to the proposed project and other transportation
  434  facilities serving similar origins and destinations; and
  435         (e) Would be owned by the department upon completion or
  436  termination of the agreement.
  437  
  438  The department shall ensure that all reasonable costs to the
  439  state, related to transportation facilities that are not part of
  440  the State Highway System, are borne by the private entity. The
  441  department shall also ensure that all reasonable costs to the
  442  state and substantially affected local governments and
  443  utilities, related to the private transportation facility, are
  444  borne by the private entity for transportation facilities that
  445  are owned by private entities. For projects on the State Highway
  446  System, the department may use state resources to participate in
  447  funding and financing the project as provided for under the
  448  department’s enabling legislation. Because the Legislature
  449  recognizes that private entities or consortia thereof would
  450  perform a governmental or public purpose or function when they
  451  enter into agreements with the department to design, build,
  452  operate, own, or finance transportation facilities, the
  453  transportation facilities, including leasehold interests
  454  thereof, are exempt from ad valorem taxes as provided in chapter
  455  196 to the extent property is owned by the state or other
  456  government entity, and from intangible taxes as provided in
  457  chapter 199 and special assessments of the state, any city,
  458  town, county, special district, political subdivision of the
  459  state, or any other governmental entity. The private entities or
  460  consortia thereof are exempt from tax imposed by chapter 201 on
  461  all documents or obligations to pay money which arise out of the
  462  agreements to design, build, operate, own, lease, or finance
  463  transportation facilities. Any private entities or consortia
  464  thereof must pay any applicable corporate taxes as provided in
  465  chapter chapters 220 and 221, and unemployment compensation
  466  taxes as provided in chapter 443, and sales and use tax as
  467  provided in chapter 212 shall be applicable. The private
  468  entities or consortia thereof must also register and collect the
  469  tax imposed by chapter 212 on all their direct sales and leases
  470  that are subject to tax under chapter 212. The agreement between
  471  the private entity or consortia thereof and the department
  472  establishing a transportation facility under this chapter
  473  constitutes documentation sufficient to claim any exemption
  474  under this section.
  475         Section 24. Effective January 1, 2012, subsection (4),
  476  paragraph (a) of subsection (6), and subsection (7) of section
  477  624.509, Florida Statutes, are amended to read:
  478         624.509 Premium tax; rate and computation.—
  479         (4) The income tax imposed under chapter 220 and the
  480  emergency excise tax imposed under chapter 221 which is are paid
  481  by any insurer shall be credited against, and to the extent
  482  thereof shall discharge, the liability for tax imposed by this
  483  section for the annual period in which such tax payments are
  484  made. As to any insurer issuing policies insuring against loss
  485  or damage from the risks of fire, tornado, and certain casualty
  486  lines, the tax imposed by this section, as intended and
  487  contemplated by this subsection, shall be construed to mean the
  488  net amount of such tax remaining after there has been credited
  489  thereon such gross premium receipts tax as may be payable by
  490  such insurer in pursuance of the imposition of such tax by any
  491  incorporated cities or towns in the state for firefighters’
  492  relief and pension funds and police officers’ retirement funds
  493  maintained in such cities or towns, as provided in and by
  494  relevant provisions of the Florida Statutes. For purposes of
  495  this subsection, payments of estimated income tax under chapter
  496  220 and of estimated emergency excise tax under chapter 221
  497  shall be deemed paid either at the time the insurer actually
  498  files its annual returns under chapter 220 or at the time such
  499  returns are required to be filed, whichever first occurs, and
  500  not at such earlier time as such payments of estimated tax are
  501  actually made.
  502         (6)(a) The total of the credit granted for the taxes paid
  503  by the insurer under chapter chapters 220 and 221 and the credit
  504  granted by subsection (5) may shall not exceed 65 percent of the
  505  tax due under subsection (1) after deducting therefrom the taxes
  506  paid by the insurer under ss. 175.101 and 185.08 and any
  507  assessments pursuant to s. 440.51.
  508         (7) Credits and deductions against the tax imposed by this
  509  section shall be taken in the following order: deductions for
  510  assessments made pursuant to s. 440.51; credits for taxes paid
  511  under ss. 175.101 and 185.08; credits for income taxes paid
  512  under chapter 220, the emergency excise tax paid under chapter
  513  221 and the credit allowed under subsection (5), as these
  514  credits are limited by subsection (6); all other available
  515  credits and deductions.
  516         Section 25. Effective January 1, 2012, subsection (1) of
  517  section 624.51055, Florida Statutes, is amended to read:
  518         624.51055 Credit for contributions to eligible nonprofit
  519  scholarship-funding organizations.—
  520         (1) There is allowed a credit of 100 percent of an eligible
  521  contribution made to an eligible nonprofit scholarship-funding
  522  organization under s. 1002.395 against any tax due for a taxable
  523  year under s. 624.509(1). However, such a credit may not exceed
  524  75 percent of the tax due under s. 624.509(1) after deducting
  525  from such tax deductions for assessments made pursuant to s.
  526  440.51; credits for taxes paid under ss. 175.101 and 185.08;
  527  credits for income taxes paid under chapter 220; credits for the
  528  emergency excise tax paid under chapter 221; and the credit
  529  allowed under s. 624.509(5), as such credit is limited by s.
  530  624.509(6). An insurer claiming a credit against premium tax
  531  liability under this section shall not be required to pay any
  532  additional retaliatory tax levied pursuant to s. 624.5091 as a
  533  result of claiming such credit. Section 624.5091 does not limit
  534  such credit in any manner.
  535         Section 26. (1)The executive director of the Department of
  536  Revenue is authorized, and all conditions are deemed met, to
  537  adopt emergency rules under ss. 120.536(1) and 120.54(4),
  538  Florida Statutes, for the purpose of implementing this act.
  539         (2)Notwithstanding any other provision of law, such
  540  emergency rules shall remain in effect for 6 months after the
  541  date adopted and may be renewed during the pendency of
  542  procedures to adopt permanent rules addressing the subject of
  543  the emergency rules.
  544  
  545  ================= T I T L E  A M E N D M E N T ================
  546         And the title is amended as follows:
  547         Delete line 54
  548  and insert:
  549         providing tax collection services; amending ss. 72.011
  550         and 72.041, F.S.; deleting a reference to conform to
  551         the repeal of the emergency excise tax; amending ss.
  552         220.02 and 220.13, F.S.; revising references to
  553         conform to the repeal of the emergency excise tax;
  554         creating s. 220.194, F.S.; creating a corporate income
  555         tax credit to continue credits available under the
  556         emergency excise tax; providing that a credit granted
  557         that is not fully used may be carried forward for a
  558         certain period; providing that the carryover credit
  559         may be used in a subsequent year under certain
  560         circumstances; amending ss. 220.801, 213.05, 213.053,
  561         and 213.255, F.S.; deleting references to conform to
  562         the repeal of the emergency excise tax; repealing ch.
  563         221, F.S., relating to the emergency excise tax;
  564         amending ss. 288.075, 288.1045, and 288.106, F.S.;
  565         deleting references to conform to the repeal of the
  566         emergency excise tax; amending ss. 334.30, 624.509,
  567         and 624.51055, F.S.; deleting references to conform to
  568         the repeal of the emergency excise tax; authorizing
  569         the executive director of the Department of Revenue to
  570         adopt emergency rules; providing effective