Senate Bill 1314c2

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    Florida Senate - 1998                    CS for CS for SB 1314

    By the Committees on Ways and Means, Commerce and Economic
    Opportunities and Senators Bronson and Grant




    301-1980-98

  1                      A bill to be entitled

  2         An act relating to capital investment tax

  3         credits; amending s. 220.02, F.S.; revising

  4         legislative intent on the order of application

  5         of certain credits; creating s. 220.191, F.S.;

  6         providing definitions; providing for a credit

  7         against the corporate income tax for certain

  8         capital costs; providing requirements;

  9         providing limitations; providing for

10         certification of eligibility by the Office of

11         Tourism, Trade, and Economic Development;

12         providing duties of the Department of Revenue;

13         authorizing the office to develop certification

14         guidelines and application materials; providing

15         a responsibility for qualifying businesses;

16         authorizing the Department of Revenue to adopt

17         rules; providing an effective date.

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

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21         Section 1.  Subsection (10) of section 220.02, Florida

22  Statutes, is amended to read:

23         220.02  Legislative intent.--

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

25  against either the corporate income tax or the franchise tax

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

27  220.68, those enumerated in s. 631.719(1), those enumerated in

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

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

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

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

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    Florida Senate - 1998                    CS for CS for SB 1314
    301-1980-98




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

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

  3  220.188.

  4         Section 2.  Section 220.191, Florida Statutes, is

  5  created to read:

  6         220.191  Capital investment tax credit.--

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

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

  9  of active operations by a qualifying business of the principal

10  function for which a qualifying project was constructed.

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

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

13  connection with a qualifying project during the period from

14  the beginning of construction of the project to the

15  commencement of operations.

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

17  incurred by a qualifying business in connection with the

18  acquisition, construction, installation, and equipping of a

19  qualifying project during the period from the beginning of

20  construction of the project to the commencement of operations,

21  including, but not limited to:

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

23  equipping, and financing a qualifying project, including all

24  obligations incurred for labor and obligations to contractors,

25  subcontractors, builders, and materialmen.

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

27  any cost incidental thereto, including recording fees.

28         3.  The costs of architectural and engineering

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

30  and specifications, preliminary investigations, environmental

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

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    Florida Senate - 1998                    CS for CS for SB 1314
    301-1980-98




  1  performance of all duties required by or consequent to the

  2  acquisition, construction, installation, and equipping of a

  3  qualifying project.

  4         4.  The costs associated with the installation of

  5  fixtures and equipment; surveys, including archeological and

  6  environmental surveys; site tests and inspections; subsurface

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

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

  9  provisions for drainage, storm water retention, and

10  installation of utilities, including water, sewer, sewage

11  treatment, gas, electricity, communications, and similar

12  facilities; and offsite construction of utility extensions to

13  the boundaries of the property.

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15  Eligible capital costs shall not include the cost of any

16  property previously owned or leased by the qualifying

17  business.

18         (d)  "Income generated by or arising out of the

19  qualifying project" means the qualifying project's annual

20  taxable income as determined by generally accepted accounting

21  principles and under s. 220.13.

22         (e)  "Jobs" means full-time equivalent positions, as

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

24  and Employment Security and the United States Department of

25  Labor for purposes of unemployment tax administration and

26  employment estimation, resulting directly from a project in

27  this state.  Such term does not include temporary construction

28  jobs involved in the construction of the project facility.

29         (f)  "Office" means the Office of Tourism, Trade and

30  Economic Development.

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    Florida Senate - 1998                    CS for CS for SB 1314
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  1         (g)  "Qualifying business" means a business which

  2  establishes a qualifying project in this state and which is

  3  certified by the office to receive tax credits pursuant to

  4  this section.

  5         (h)  "Qualifying project" means a new or expanding

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

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

  8  by Enterprise Florida, Inc., and certified by the office

  9  pursuant to s. 288.108(6), including, but not limited to,

10  aviation, aerospace, automotive, and silicon technology

11  industries.

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

13  chapter shall be granted to any qualifying business in an

14  amount equal to 5 percent of the eligible capital costs

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

16  20 years beginning with the commencement of operations of the

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

18  corporate income tax liability generated by or arising out of

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

20  provided pursuant to this section shall not exceed 100 percent

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

22  any credit granted under this section be carried forward or

23  backward by any qualifying business with respect to a

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

25  this section shall not exceed the following percentages of the

26  annual corporate income tax liability generated by or arising

27  out of a qualifying project:

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

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

30  million.

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    Florida Senate - 1998                    CS for CS for SB 1314
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  1         (b)  Seventy-five percent for a qualifying project

  2  which results in a cumulative capital investment of at least

  3  $50 million but less than $100 million.

  4         (c)  Fifty percent for a qualifying project which

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

  6  million but less than $50 million.

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  8  A qualifying project which results in a cumulative capital

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

10  capital investment tax credit.

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

12  section, a qualifying business must achieve and maintain the

13  minimum employment goals beginning with the commencement of

14  operations at a qualifying project and continuing each year

15  thereafter during which tax credits are available pursuant to

16  this section.

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

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

19  receive tax credits pursuant to this section prior to the

20  commencement of operations of a qualifying project and such

21  certification shall be transmitted to the Department of

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

23  Revenue shall enter into a written agreement with the

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

25  which income generated by or arising out of the qualifying

26  project will be determined.

27         (5)  The office, in consultation with Enterprise

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

29  guidelines and application materials for the certification

30  process described in subsection (4).

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    Florida Senate - 1998                    CS for CS for SB 1314
    301-1980-98




  1         (6)  It shall be the responsibility of the qualifying

  2  business to affirmatively demonstrate to the satisfaction of

  3  the Department of Revenue that such business meets the job

  4  creation and capital investment requirements of this section.

  5         (7)  The Department of Revenue may specify by rule the

  6  methods by which a project's pro forma annual taxable income

  7  is determined.

  8         Section 3.  This act shall take effect July 1, 1998.

  9

10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                            CS/SB 1314

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13  The committee substitute clarifies the provisions of the
    capital investment tax credit by declaring that "income
14  generated by or arising out of the qualifying project" means
    the qualifying project's annual taxable income as determined
15  by generally accepted accounting principles and under s.
    220.13, Florida Statutes. It provides that the qualifying
16  business is responsible for demonstrating to the satisfaction
    of the Department of Revenue that it meets the job creation
17  and capital investment requirements of the law, and the
    department is authorized to adopt rules to determine a
18  project's annual taxable income.

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