Senate Bill 1314c1

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    Florida Senate - 1998                           CS for SB 1314

    By the Committee on Commerce and Economic Opportunities and
    Senators Bronson and Grant




    310-1814-98

  1                      A bill to be entitled

  2         An act relating to capital investment tax

  3         credits; creating s. 220.191, F.S.; providing

  4         definitions; providing for a credit against the

  5         corporate income tax for certain capital costs;

  6         providing requirements; providing limitations;

  7         providing for certification of eligibility by

  8         the Office of Tourism, Trade, and Economic

  9         Development; providing duties of the Department

10         of Revenue; authorizing the office to develop

11         certification guidelines and application

12         materials; amending s. 220.02, F.S.; providing

13         legislative intent on the order in which the

14         capital investment tax credits are to be

15         applied; providing an effective date.

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17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Section 220.191, Florida Statutes, is

20  created to read:

21         220.191  Capital investment tax credit.--

22         (1)  DEFINITIONS.--For purposes of this section:

23         (a)  "Commencement of operations" means the beginning

24  of active operations by a qualifying business of the principal

25  function for which a qualifying project was constructed.

26         (b)  "Cumulative capital investment" means the total

27  capital investment in land, buildings, and equipment made in

28  connection with a qualifying project during the period from

29  the beginning of construction of the project to the

30  commencement of operations.

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    Florida Senate - 1998                           CS for SB 1314
    310-1814-98




  1         (c)  "Eligible capital costs" means all expenses

  2  incurred by a qualifying business in connection with the

  3  acquisition, construction, installation, and equipping of a

  4  qualifying project during the period from the beginning of

  5  construction of the project to the commencement of operations,

  6  including, but not limited to:

  7         1.  The costs of acquiring, constructing, installing,

  8  equipping, and financing a qualifying project, including all

  9  obligations incurred for labor and obligations to contractors,

10  subcontractors, builders, and materialmen.

11         2.  The costs of acquiring land or rights to land and

12  any cost incidental thereto, including recording fees.

13         3.  The costs of architectural and engineering

14  services, including test borings, surveys, estimates, plans

15  and specifications, preliminary investigations, environmental

16  mitigation, and supervision of construction, as well as the

17  performance of all duties required by or consequent to the

18  acquisition, construction, installation, and equipping of a

19  qualifying project.

20         4.  The costs associated with the installation of

21  fixtures and equipment; surveys, including archeological and

22  environmental surveys; site tests and inspections; subsurface

23  site work and excavation; removal of structures, roadways, and

24  other surface obstructions; filling, grading, paving, and

25  provisions for drainage, storm water retention, and

26  installation of utilities, including water, sewer, sewage

27  treatment, gas, electricity, communications, and similar

28  facilities; and offsite construction of utility extensions to

29  the boundaries of the property.

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    Florida Senate - 1998                           CS for SB 1314
    310-1814-98




  1  Eligible capital costs shall not include the cost of any

  2  property previously owned or leased by the qualifying

  3  business.

  4         (d)  "Jobs" means full-time equivalent positions, as

  5  such term is consistent with terms used by Department of Labor

  6  and Employment Security and the United States Department of

  7  Labor for purposes of unemployment tax administration and

  8  employment estimation, resulting directly from a project in

  9  this state.  Such term does not include temporary construction

10  jobs involved in the construction of the project facility.

11         (e)  "Office" means the Office of Tourism, Trade and

12  Economic Development.

13         (f)  "Qualifying business" means a business which

14  establishes a qualifying project in this state and which is

15  certified by the office to receive tax credits pursuant to

16  this section.

17         (g)  "Qualifying project" means a new or expanding

18  facility in this state which creates at least 100 new jobs in

19  this state and is in one of the high-impact sectors identified

20  by Enterprise Florida, Inc., pursuant to s. 288.108(6),

21  including, but not limited to, aviation, aerospace,

22  automotive, and silicon technology industries.

23         (2)  An annual credit against the tax imposed by this

24  chapter shall be granted to any qualifying business in an

25  amount equal to 5 percent of the eligible capital costs

26  generated by a qualifying project, for a period not to exceed

27  20 years beginning with the commencement of operations of the

28  project.  The tax credit shall be granted against only the

29  corporate income tax liability generated by or arising out of

30  the qualifying project, and the sum of all tax credits

31  provided pursuant to this section shall not exceed 100 percent

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    Florida Senate - 1998                           CS for SB 1314
    310-1814-98




  1  of the eligible capital costs of the project. In no event may

  2  any credit granted under this section be carried forward or

  3  backward by any qualifying business with respect to a

  4  subsequent or prior year. The annual tax credit granted under

  5  this section shall not exceed the following percentages of the

  6  annual corporate income tax liability generated by or arising

  7  out of a qualifying project:

  8         (a)  One hundred percent for a qualifying project which

  9  results in a cumulative capital investment of at least $100

10  million.

11         (b)  Seventy-five percent for a qualifying project

12  which results in a cumulative capital investment of at least

13  $50 million but less than $100 million.

14         (c)  Fifty percent for a qualifying project which

15  results in a cumulative capital investment of at least $25

16  million but less than $50 million.

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18  A qualifying project which results in a cumulative capital

19  investment of less than $25 million is not eligible for the

20  capital investment tax credit.

21         (3)  Prior to receiving tax credits pursuant to this

22  section, a qualifying business must achieve and maintain the

23  minimum employment goals beginning with the commencement of

24  operations at a qualifying project and continuing each year

25  thereafter during which tax credits are available pursuant to

26  this section.

27         (4)  The office, upon a recommendation by Enterprise

28  Florida, Inc., shall first certify a business as eligible to

29  receive tax credits pursuant to this section prior to the

30  commencement of operations of a qualifying project and such

31  certification shall be transmitted to the Department of

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    Florida Senate - 1998                           CS for SB 1314
    310-1814-98




  1  Revenue. Upon receipt of the certification, the Department of

  2  Revenue shall enter into a written agreement with the

  3  qualifying business specifying, at a minimum, the method by

  4  which income generated by or arising out of the qualifying

  5  project will be determined.

  6         (5)  The office, in consultation with Enterprise

  7  Florida, Inc., is authorized to develop the necessary

  8  guidelines and application materials for the certification

  9  process described in subsection (4).

10         Section 2.  Subsection (10) of section 220.02, Florida

11  Statutes, is amended to read:

12         220.02  Legislative intent.--

13         (10)  It is the intent of the Legislature that credits

14  against either the corporate income tax or the franchise tax

15  be applied in the following order: those enumerated in s.

16  220.68, those enumerated in s. 631.719(1), those enumerated in

17  s. 631.705, those enumerated in s. 220.18, those enumerated in

18  s. 631.828, those enumerated in s. 220.191, those enumerated

19  in s. 220.181, those enumerated in s. 220.183, those

20  enumerated in s. 220.182, those enumerated in s. 220.1895,

21  those enumerated in s. 221.02, those enumerated in s. 220.184,

22  those enumerated in s. 220.186, and those enumerated in s.

23  220.188.

24         Section 3.  This act shall take effect July 1 of the

25  year in which enacted.

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    Florida Senate - 1998                           CS for SB 1314
    310-1814-98




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1314

  3

  4  The committee substitute differs substantially from Senate
    Bill 1314 by, as a companion provision to the provision
  5  creating the capital investment tax credit, amending s.
    220.02(10), F.S., to specify the legislative intent on the
  6  order in which the new tax credit should be applied relative
    to other credits against the corporate income tax or the
  7  franchise tax.

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