Florida Senate - 2017                                     SB 378
       
       
        
       By Senator Flores
       
       
       
       
       
       39-00295C-17                                           2017378__
    1                        A bill to be entitled                      
    2         An act relating to taxation; amending s. 202.12, F.S.;
    3         revising the tax rates on the sales of certain
    4         communications services and direct-to-home satellite
    5         services; amending s. 202.12001, F.S.; conforming a
    6         provision to changes made by the act; making a
    7         technical change; amending s. 202.18, F.S.; revising
    8         the allocation of proceeds from the communications
    9         services tax on direct-to-home satellite services;
   10         amending s. 203.001, F.S.; conforming a provision to
   11         changes made by the act; making a technical change;
   12         amending s. 212.20, F.S.; revising the distribution of
   13         proceeds from certain sales and use taxes and
   14         communications services taxes to specified trust
   15         funds; specifying requirements and procedures for a
   16         communications services dealer that is unable to
   17         implement the reduction in communications services tax
   18         rates by a specified date; providing construction;
   19         providing applicability; authorizing the executive
   20         director of the Department of Revenue to adopt
   21         emergency rules; providing an expiration date;
   22         amending s. 624.509, F.S.; deleting the credit against
   23         the insurance premium tax which is based on the amount
   24         paid in salaries to certain employees within this
   25         state; conforming provisions to changes made by the
   26         act; amending ss. 624.5091 and 624.51055, F.S.;
   27         conforming provisions to changes made by the act;
   28         providing applicability; providing effective dates.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Effective July 1, 2017, paragraphs (a) and (b)
   33  of subsection (1) of section 202.12, Florida Statutes, are
   34  amended to read:
   35         202.12 Sales of communications services.—The Legislature
   36  finds that every person who engages in the business of selling
   37  communications services at retail in this state is exercising a
   38  taxable privilege. It is the intent of the Legislature that the
   39  tax imposed by chapter 203 be administered as provided in this
   40  chapter.
   41         (1) For the exercise of such privilege, a tax is levied on
   42  each taxable transaction and is due and payable as follows:
   43         (a) Except as otherwise provided in this subsection, at the
   44  rate of 2.92 4.92 percent applied to the sales price of the
   45  communications service that:
   46         1. Originates and terminates in this state, or
   47         2. Originates or terminates in this state and is charged to
   48  a service address in this state,
   49  
   50  when sold at retail, computed on each taxable sale for the
   51  purpose of remitting the tax due. The gross receipts tax imposed
   52  by chapter 203 shall be collected on the same taxable
   53  transactions and remitted with the tax imposed by this
   54  paragraph. If no tax is imposed by this paragraph due to the
   55  exemption provided under s. 202.125(1), the tax imposed by
   56  chapter 203 shall nevertheless be collected and remitted in the
   57  manner and at the time prescribed for tax collections and
   58  remittances under this chapter.
   59         (b) At the rate of 7.07 9.07 percent applied to the retail
   60  sales price of any direct-to-home satellite service received in
   61  this state. The proceeds of the tax imposed under this paragraph
   62  shall be accounted for and distributed in accordance with s.
   63  202.18(2). The gross receipts tax imposed by chapter 203 shall
   64  be collected on the same taxable transactions and remitted with
   65  the tax imposed by this paragraph.
   66         Section 2. Effective July 1, 2017, section 202.12001,
   67  Florida Statutes, is amended to read:
   68         202.12001 Combined rate for tax collected pursuant to ss.
   69  202.12(1)(a) and 203.01(1)(b).—In complying with ss. 1-3, ch.
   70  2010-149, Laws of Florida, the dealer of communications
   71  communication services may collect a combined rate of 3.07 5.07
   72  percent, composed of the 2.92 4.92 percent and 0.15 percent
   73  rates required by ss. 202.12(1)(a) and 203.01(1)(b)3.,
   74  respectively, if the provider properly reflects the tax
   75  collected with respect to the two provisions as required in the
   76  return to the department.
   77         Section 3. Effective July 1, 2017, paragraph (b) of
   78  subsection (2) of section 202.18, Florida Statutes, is amended
   79  to read:
   80         202.18 Allocation and disposition of tax proceeds.—The
   81  proceeds of the communications services taxes remitted under
   82  this chapter shall be treated as follows:
   83         (2) The proceeds of the taxes remitted under s.
   84  202.12(1)(b) shall be allocated as follows:
   85         (b) Forty-three and four-tenths Fifty-five and nine-tenths
   86  percent of the remainder shall be allocated to the state and
   87  distributed pursuant to s. 212.20(6), except that the proceeds
   88  allocated pursuant to s. 212.20(6)(d)2. shall be prorated to the
   89  participating counties in the same proportion as that month’s
   90  collection of the taxes and fees imposed pursuant to chapter 212
   91  and paragraph (1)(b).
   92         Section 4. Effective July 1, 2017, section 203.001, Florida
   93  Statutes, is amended to read:
   94         203.001 Combined rate for tax collected pursuant to ss.
   95  202.12(1)(a) and 203.01(1)(b).—In complying with ss. 1-3, ch.
   96  2010-149, Laws of Florida, the dealer of communications
   97  communication services may collect a combined rate of 3.07 5.07
   98  percent, composed of the 2.92 4.92 percent and 0.15 percent
   99  rates required by ss. 202.12(1)(a) and 203.01(1)(b)3.,
  100  respectively, if the provider properly reflects the tax
  101  collected with respect to the two provisions as required in the
  102  return to the Department of Revenue.
  103         Section 5. Effective July 1, 2017, paragraph (d) of
  104  subsection (6) of section 212.20, Florida Statutes, is amended
  105  to read:
  106         212.20 Funds collected, disposition; additional powers of
  107  department; operational expense; refund of taxes adjudicated
  108  unconstitutionally collected.—
  109         (6) Distribution of all proceeds under this chapter and ss.
  110  202.18(1)(b) and (2)(b) and 203.01(1)(a)3. is as follows:
  111         (d) The proceeds of all other taxes and fees imposed
  112  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
  113  and (2)(b) shall be distributed as follows:
  114         1. In any fiscal year, the greater of $500 million, minus
  115  an amount equal to 4.6 percent of the proceeds of the taxes
  116  collected pursuant to chapter 201, or 5.2 percent of all other
  117  taxes and fees imposed pursuant to this chapter or remitted
  118  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
  119  monthly installments into the General Revenue Fund.
  120         2. After the distribution under subparagraph 1., 9.0691
  121  8.9744 percent of the amount remitted by a sales tax dealer
  122  located within a participating county pursuant to s. 218.61
  123  shall be transferred into the Local Government Half-cent Sales
  124  Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
  125  be transferred shall be reduced by 0.1 percent, and the
  126  department shall distribute this amount to the Public Employees
  127  Relations Commission Trust Fund less $5,000 each month, which
  128  shall be added to the amount calculated in subparagraph 3. and
  129  distributed accordingly.
  130         3. After the distribution under subparagraphs 1. and 2.,
  131  0.0976 0.0966 percent shall be transferred to the Local
  132  Government Half-cent Sales Tax Clearing Trust Fund and
  133  distributed pursuant to s. 218.65.
  134         4. After the distributions under subparagraphs 1., 2., and
  135  3., 2.1022 2.0810 percent of the available proceeds shall be
  136  transferred monthly to the Revenue Sharing Trust Fund for
  137  Counties pursuant to s. 218.215.
  138         5. After the distributions under subparagraphs 1., 2., and
  139  3., 1.3792 1.3653 percent of the available proceeds shall be
  140  transferred monthly to the Revenue Sharing Trust Fund for
  141  Municipalities pursuant to s. 218.215. If the total revenue to
  142  be distributed pursuant to this subparagraph is at least as
  143  great as the amount due from the Revenue Sharing Trust Fund for
  144  Municipalities and the former Municipal Financial Assistance
  145  Trust Fund in state fiscal year 1999-2000, no municipality shall
  146  receive less than the amount due from the Revenue Sharing Trust
  147  Fund for Municipalities and the former Municipal Financial
  148  Assistance Trust Fund in state fiscal year 1999-2000. If the
  149  total proceeds to be distributed are less than the amount
  150  received in combination from the Revenue Sharing Trust Fund for
  151  Municipalities and the former Municipal Financial Assistance
  152  Trust Fund in state fiscal year 1999-2000, each municipality
  153  shall receive an amount proportionate to the amount it was due
  154  in state fiscal year 1999-2000.
  155         6. Of the remaining proceeds:
  156         a. In each fiscal year, the sum of $29,915,500 shall be
  157  divided into as many equal parts as there are counties in the
  158  state, and one part shall be distributed to each county. The
  159  distribution among the several counties must begin each fiscal
  160  year on or before January 5th and continue monthly for a total
  161  of 4 months. If a local or special law required that any moneys
  162  accruing to a county in fiscal year 1999-2000 under the then
  163  existing provisions of s. 550.135 be paid directly to the
  164  district school board, special district, or a municipal
  165  government, such payment must continue until the local or
  166  special law is amended or repealed. The state covenants with
  167  holders of bonds or other instruments of indebtedness issued by
  168  local governments, special districts, or district school boards
  169  before July 1, 2000, that it is not the intent of this
  170  subparagraph to adversely affect the rights of those holders or
  171  relieve local governments, special districts, or district school
  172  boards of the duty to meet their obligations as a result of
  173  previous pledges or assignments or trusts entered into which
  174  obligated funds received from the distribution to county
  175  governments under then-existing s. 550.135. This distribution
  176  specifically is in lieu of funds distributed under s. 550.135
  177  before July 1, 2000.
  178         b. The department shall distribute $166,667 monthly to each
  179  applicant certified as a facility for a new or retained
  180  professional sports franchise pursuant to s. 288.1162. Up to
  181  $41,667 shall be distributed monthly by the department to each
  182  certified applicant as defined in s. 288.11621 for a facility
  183  for a spring training franchise. However, not more than $416,670
  184  may be distributed monthly in the aggregate to all certified
  185  applicants for facilities for spring training franchises.
  186  Distributions begin 60 days after such certification and
  187  continue for not more than 30 years, except as otherwise
  188  provided in s. 288.11621. A certified applicant identified in
  189  this sub-subparagraph may not receive more in distributions than
  190  expended by the applicant for the public purposes provided in s.
  191  288.1162(5) or s. 288.11621(3).
  192         c. Beginning 30 days after notice by the Department of
  193  Economic Opportunity to the Department of Revenue that an
  194  applicant has been certified as the professional golf hall of
  195  fame pursuant to s. 288.1168 and is open to the public, $166,667
  196  shall be distributed monthly, for up to 300 months, to the
  197  applicant.
  198         d. Beginning 30 days after notice by the Department of
  199  Economic Opportunity to the Department of Revenue that the
  200  applicant has been certified as the International Game Fish
  201  Association World Center facility pursuant to s. 288.1169, and
  202  the facility is open to the public, $83,333 shall be distributed
  203  monthly, for up to 168 months, to the applicant. This
  204  distribution is subject to reduction pursuant to s. 288.1169. A
  205  lump sum payment of $999,996 shall be made after certification
  206  and before July 1, 2000.
  207         e. The department shall distribute up to $83,333 monthly to
  208  each certified applicant as defined in s. 288.11631 for a
  209  facility used by a single spring training franchise, or up to
  210  $166,667 monthly to each certified applicant as defined in s.
  211  288.11631 for a facility used by more than one spring training
  212  franchise. Monthly distributions begin 60 days after such
  213  certification or July 1, 2016, whichever is later, and continue
  214  for not more than 20 years to each certified applicant as
  215  defined in s. 288.11631 for a facility used by a single spring
  216  training franchise or not more than 25 years to each certified
  217  applicant as defined in s. 288.11631 for a facility used by more
  218  than one spring training franchise. A certified applicant
  219  identified in this sub-subparagraph may not receive more in
  220  distributions than expended by the applicant for the public
  221  purposes provided in s. 288.11631(3).
  222         f. Beginning 45 days after notice by the Department of
  223  Economic Opportunity to the Department of Revenue that an
  224  applicant has been approved by the Legislature and certified by
  225  the Department of Economic Opportunity under s. 288.11625 or
  226  upon a date specified by the Department of Economic Opportunity
  227  as provided under s. 288.11625(6)(d), the department shall
  228  distribute each month an amount equal to one-twelfth of the
  229  annual distribution amount certified by the Department of
  230  Economic Opportunity for the applicant. The department may not
  231  distribute more than $7 million in the 2014-2015 fiscal year or
  232  more than $13 million annually thereafter under this sub
  233  subparagraph.
  234         g. Beginning December 1, 2015, and ending June 30, 2016,
  235  the department shall distribute $26,286 monthly to the State
  236  Transportation Trust Fund. Beginning July 1, 2016, the
  237  department shall distribute $15,333 monthly to the State
  238  Transportation Trust Fund.
  239         7. All other proceeds must remain in the General Revenue
  240  Fund.
  241         Section 6. If a communications services dealer is unable to
  242  implement the reduction in communications services tax rates
  243  specified in s. 202.12(1)(a) and (b), Florida Statutes, as
  244  amended by this act, by July 1, 2017, the dealer must remit all
  245  taxes collected at the previous rate during the implementation
  246  period to the Department of Revenue, and:
  247         (1) Must begin collecting tax at the rates specified in s.
  248  202.12(1)(a) and (b), Florida Statutes, as amended by this act,
  249  by October 1, 2017.
  250         (2) Must credit each customer the amount of any tax
  251  collected on bills dated on or after July 1, 2017, which exceeds
  252  the tax due under s. 202.12(a) and (b), Florida Statutes, as
  253  amended by this act. Such credit must be provided to each
  254  affected customer’s account by March 1, 2018. The inability of a
  255  communications services provider to provide a credit to a
  256  customer’s account due to the customer’s termination of services
  257  does not create a cause of action against the provider.
  258         (3) May take a credit on its communications services tax
  259  return for the amounts that have been credited to customers.
  260         Section 7. The amendments made by this act to ss.
  261  202.12(1), 202.12001, and 203.001, Florida Statutes, apply to
  262  taxable communications services transactions on bills dated on
  263  or after July 1, 2017.
  264         Section 8. (1) The executive director of the Department of
  265  Revenue is authorized, and all conditions are deemed to be met,
  266  to adopt emergency rules pursuant to s. 120.54(4), Florida
  267  Statutes, for the purpose of implementing the amendments made by
  268  this act to s. 202.12, Florida Statutes.
  269         (2) Notwithstanding any other provision of law, emergency
  270  rules adopted pursuant to subsection (1) are effective for 6
  271  months after adoption and may be renewed during the pendency of
  272  procedures to adopt permanent rules addressing the subject of
  273  the emergency rules.
  274         (3) This section expires July 1, 2020.
  275         Section 9. Subsections (5) through (9) of section 624.509,
  276  Florida Statutes, are amended to read:
  277         624.509 Premium tax; rate and computation.—
  278         (5)(a)1. There shall be allowed a credit against the net
  279  tax imposed by this section equal to 15 percent of the amount
  280  paid by an insurer in salaries to employees located or based
  281  within this state and who are covered by the provisions of
  282  chapter 443.
  283         2. As an alternative to the credit allowed in subparagraph
  284  1., an affiliated group of corporations which includes at least
  285  one insurance company writing premiums in Florida may elect to
  286  take a credit against the net tax imposed by this section in an
  287  amount that may not exceed 15 percent of the salary of the
  288  employees of the affiliated group of corporations who perform
  289  insurance-related activities, are located or based within this
  290  state, and are covered by chapter 443. For purposes of this
  291  subparagraph, the term “affiliated group of corporations” means
  292  two or more corporations that are entirely owned directly or
  293  indirectly by a single corporation and that constitute an
  294  affiliated group as defined in s. 1504(a) of the Internal
  295  Revenue Code. The amount of credit allowed under this
  296  subparagraph is limited to the combined Florida salary tax
  297  credits allowed for all insurance companies that were members of
  298  the affiliated group of corporations for the tax year ending
  299  December 31, 2002, divided by the combined Florida taxable
  300  premiums written by all insurance companies that were members of
  301  the affiliated group of corporations for the tax year ending
  302  December 31, 2002, multiplied by the combined Florida taxable
  303  premiums of the affiliated group of corporations for the current
  304  year. An affiliated group of corporations electing this
  305  alternative calculation method must make such election on or
  306  before August 1, 2005. The election of this alternative
  307  calculation method is irrevocable and binding upon successors
  308  and assigns of the affiliated group of corporations electing
  309  this alternative. However, if a member of an affiliated group of
  310  corporations acquires or merges with another insurance company
  311  after the date of the irrevocable election, the acquired or
  312  merged company is not entitled to the affiliated group election
  313  and shall only be entitled to calculate the tax credit under
  314  subparagraph 1.
  315  
  316  In no event shall the salary paid to an employee by an
  317  affiliated group of corporations be claimed as a credit by more
  318  than one insurer or be counted more than once in an insurer’s
  319  calculation of the credit as described in subparagraph 1. or
  320  subparagraph 2. Only the portion of an employee’s salary paid
  321  for the performance of insurance-related activities may be
  322  included in the calculation of the premium tax credit in this
  323  subsection.
  324         (b) For purposes of this subsection:
  325         1. The term “salaries” does not include amounts paid as
  326  commissions.
  327         2. The term “employees” does not include independent
  328  contractors or any person whose duties require that the person
  329  hold a valid license under the Florida Insurance Code, except
  330  adjusters, managing general agents, and service representatives,
  331  as defined in s. 626.015.
  332         3. The term “net tax” means the tax imposed by this section
  333  after applying the calculations and credits set forth in
  334  subsection (4).
  335         4. An affiliated group of corporations that created a
  336  service company within its affiliated group on July 30, 2002,
  337  shall allocate the salary of each service company employee
  338  covered by contracts with affiliated group members to the
  339  companies for which the employees perform services. The salary
  340  allocation is based on the amount of time during the tax year
  341  that the individual employee spends performing services or
  342  otherwise working for each company over the total amount of time
  343  the employee spends performing services or otherwise working for
  344  all companies. The total amount of salary allocated to an
  345  insurance company within the affiliated group shall be included
  346  as that insurer’s employee salaries for purposes of this
  347  section.
  348         a. Except as provided in subparagraph (a)2., the term
  349  “affiliated group of corporations” means two or more
  350  corporations that are entirely owned by a single corporation and
  351  that constitute an affiliated group of corporations as defined
  352  in s. 1504(a) of the Internal Revenue Code.
  353         b. The term “service company” means a separate corporation
  354  within the affiliated group of corporations whose employees
  355  provide services to affiliated group members and which are
  356  treated as service company employees for reemployment assistance
  357  or unemployment compensation and common law purposes. The
  358  holding company of an affiliated group may not qualify as a
  359  service company. An insurance company may not qualify as a
  360  service company.
  361         c. If an insurance company fails to substantiate, whether
  362  by means of adequate records or otherwise, its eligibility to
  363  claim the service company exception under this section, or its
  364  salary allocation under this section, no credit shall be
  365  allowed.
  366         5. A service company that is a subsidiary of a mutual
  367  insurance holding company, which mutual insurance holding
  368  company was in existence on or before January 1, 2000, shall
  369  allocate the salary of each service company employee covered by
  370  contracts with members of the mutual insurance holding company
  371  system to the companies for which the employees perform
  372  services. The salary allocation is based on the ratio of the
  373  amount of time during the tax year which the individual employee
  374  spends performing services or otherwise working for each company
  375  to the total amount of time the employee spends performing
  376  services or otherwise working for all companies. The total
  377  amount of salary allocated to an insurance company within the
  378  mutual insurance holding company system shall be included as
  379  that insurer’s employee salaries for purposes of this section.
  380  However, this subparagraph does not apply for any tax year
  381  unless funds sufficient to offset the anticipated salary credits
  382  have been appropriated to the General Revenue Fund prior to the
  383  due date of the final return for that year.
  384         a. The term “mutual insurance holding company system” means
  385  two or more corporations that are subsidiaries of a mutual
  386  insurance holding company and in compliance with part IV of
  387  chapter 628.
  388         b. The term “service company” means a separate corporation
  389  within the mutual insurance holding company system whose
  390  employees provide services to other members of the mutual
  391  insurance holding company system and are treated as service
  392  company employees for reemployment assistance or unemployment
  393  compensation and common-law purposes. The mutual insurance
  394  holding company may not qualify as a service company.
  395         c. If an insurance company fails to substantiate, whether
  396  by means of adequate records or otherwise, its eligibility to
  397  claim the service company exception under this section, or its
  398  salary allocation under this section, no credit shall be
  399  allowed.
  400         (c) The department may adopt rules pursuant to ss.
  401  120.536(1) and 120.54 to administer this subsection.
  402         (5)(6)(a) The total of the credit granted for the taxes
  403  paid by the insurer under chapter 220 and the credit granted by
  404  subsection (5) may not exceed 65 percent of the tax due under
  405  subsection (1) after deducting therefrom the taxes paid by the
  406  insurer under ss. 175.101 and 185.08 and any assessments
  407  pursuant to s. 440.51.
  408         (b) To the extent that any credits granted by subsection
  409  (5) remain as a result of the limitation set forth in paragraph
  410  (a), such excess credits related to salaries and wages of
  411  employees whose place of employment is located within an
  412  enterprise zone created pursuant to chapter 290 may be
  413  transferred, in an aggregate amount not to exceed 25 percent of
  414  such excess salary credits, to any insurer that is a member of
  415  an affiliated group of corporations, as defined in sub
  416  subparagraph (5)(b)4.a., that includes the original insurer
  417  qualifying for the credits under subsection (5). The amount of
  418  such excess credits to be transferred shall be calculated by
  419  multiplying the amount of such excess credits by a fraction, the
  420  numerator of which is the sum of the salaries qualifying for the
  421  credit allowed by subsection (5) of employees whose place of
  422  employment is located in an enterprise zone and the denominator
  423  of which is the sum of the salaries qualifying for the credit
  424  allowed by subsection (5). Any such transferred credits shall be
  425  subject to the same provisions and limitations set forth within
  426  part IV of this chapter. The provisions of this paragraph do not
  427  apply to an affiliated group of corporations that participate in
  428  a common paymaster arrangement as defined in s. 443.1216.
  429         (6)(7) Credits and deductions against the tax imposed by
  430  this section shall be taken in the following order: deductions
  431  for assessments made pursuant to s. 440.51; credits for taxes
  432  paid under ss. 175.101 and 185.08; credits for income taxes paid
  433  under chapter 220 and the credit allowed under subsection (5),
  434  as these credits are limited by subsection (5) (6); and all
  435  other available credits and deductions.
  436         (7)(8) The premium tax authorized by this section may not
  437  be imposed on:
  438         (a) Any portion of the title insurance premium, as defined
  439  in s. 627.7711, retained by a title insurance agent or agency.
  440  It is the intent of the Legislature that this exemption be
  441  contingent on title insurers adding employees to their payroll.
  442  This paragraph expires December 31, 2017, unless the Department
  443  of Economic Opportunity determines that title insurers holding a
  444  valid certificate of authority as of July 1, 2014, have added,
  445  in aggregate, at least 600 Florida-based full-time equivalent
  446  positions above those existing on July 1, 2014, including
  447  positions obtained from a temporary employment agency or
  448  employee leasing company or through a union agreement or
  449  coemployment under a professional employer organization
  450  agreement by July 1, 2017. For purposes of this paragraph, the
  451  term “full-time equivalent position” means a position in which
  452  the employee works an average of at least 36 hours per week each
  453  month.
  454         1. The Department of Economic Opportunity may verify
  455  information provided by title insurers concerning additional
  456  positions created with any appropriate agency or authority,
  457  including the Department of Revenue.
  458         2. To facilitate verification of additional positions
  459  created by title insurers, the Department of Economic
  460  Opportunity may provide a list of employees holding additional
  461  positions created by title insurers to any appropriate agency or
  462  authority, including the Department of Revenue.
  463         3. The Department of Economic Opportunity shall submit such
  464  determination to the President of the Senate, the Speaker of the
  465  House of Representatives, and the Department of Revenue by
  466  October 1, 2017.
  467         (b) Receipts of annuity premiums or considerations paid by
  468  holders in this state if the tax savings derived are credited to
  469  the annuity holders. Upon request by the Department of Revenue,
  470  an insurer availing itself of this provision shall submit to the
  471  department evidence that establishes that the tax savings
  472  derived have been credited to annuity holders. As used in this
  473  paragraph, the term “holders” includes employers contributing to
  474  an employee’s pension, annuity, or profit-sharing plan.
  475         (8)(9) As used in this section, “insurer” includes any
  476  entity subject to the tax imposed by this section.
  477         Section 10. Subsection (1) of section 624.5091, Florida
  478  Statutes, is amended to read:
  479         624.5091 Retaliatory provision, insurers.—
  480         (1)(a) When by or pursuant to the laws of any other state
  481  or foreign country any taxes, licenses, and other fees, in the
  482  aggregate, and any fines, penalties, deposit requirements, or
  483  other material obligations, prohibitions, or restrictions are or
  484  would be imposed upon Florida insurers or upon the agents or
  485  representatives of such insurers, which are in excess of such
  486  taxes, licenses, and other fees, in the aggregate, or which are
  487  in excess of the fines, penalties, deposit requirements, or
  488  other obligations, prohibitions, or restrictions directly
  489  imposed upon similar insurers, or upon the agents or
  490  representatives of such insurers, of such other state or country
  491  under the statutes of this state, so long as such laws of such
  492  other state or country continue in force or are so applied, the
  493  same taxes, licenses, and other fees, in the aggregate, or
  494  fines, penalties, deposit requirements, or other material
  495  obligations, prohibitions, or restrictions of whatever kind
  496  shall be imposed by the Department of Revenue upon the insurers,
  497  or upon the agents or representatives of such insurers, of such
  498  other state or country doing business or seeking to do business
  499  in this state. In determining the taxes to be imposed under this
  500  section, 80 percent and a portion of the remaining 20 percent as
  501  provided in paragraph (b) of the credit provided by s.
  502  624.509(5), as limited by s. 624.509(6) and further determined
  503  by s. 624.509(7), shall not be taken into consideration.
  504         (b) As used in this subsection, the term “portion of the
  505  remaining 20 percent” shall be calculated by multiplying the
  506  remaining 20 percent by a fraction, the numerator of which is
  507  the sum of the salaries qualifying for the credit allowed by s.
  508  624.509(5) of employees whose place of employment is located in
  509  an enterprise zone created pursuant to chapter 290 and the
  510  denominator of which is the sum of the salaries qualifying for
  511  the credit allowed by s. 624.509(5).
  512         Section 11. Subsection (1) of section 624.51055, Florida
  513  Statutes, is amended to read:
  514         624.51055 Credit for contributions to eligible nonprofit
  515  scholarship-funding organizations.—
  516         (1) There is allowed a credit of 100 percent of an eligible
  517  contribution made to an eligible nonprofit scholarship-funding
  518  organization under s. 1002.395 against any tax due for a taxable
  519  year under s. 624.509(1) after deducting from such tax
  520  deductions for assessments made pursuant to s. 440.51; credits
  521  for taxes paid under ss. 175.101 and 185.08; and credits for
  522  income taxes paid under chapter 220; and the credit allowed
  523  under s. 624.509(5), as such credit is limited by s. 624.509(5)
  524  s. 624.509(6). An insurer claiming a credit against premium tax
  525  liability under this section shall not be required to pay any
  526  additional retaliatory tax levied pursuant to s. 624.5091 as a
  527  result of claiming such credit. Section 624.5091 does not limit
  528  such credit in any manner.
  529         Section 12. The amendments made by this act to ss. 624.509,
  530  624.5091, and 624.51055, Florida Statutes, apply to the tax
  531  imposed on premiums received after December 31, 2016.
  532         Section 13. Except as otherwise expressly provided in this
  533  act, this act shall take effect upon becoming a law.