House Bill 4375

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    Florida House of Representatives - 1998                HB 4375

        By Representative Saunders






  1                      A bill to be entitled

  2         An act relating to contaminated site voluntary

  3         cleanup rehabilitation tax credits; creating s.

  4         199.1055, F.S.; providing for a credit against

  5         the annual intangible personal property tax for

  6         a portion of the costs of voluntary cleanup

  7         rehabilitation of specified contaminated sites;

  8         providing limitations; providing for carryover

  9         of the credit; requiring filing of certain

10         information with the Department of Revenue;

11         creating s. 220.1845, F.S.; providing for a

12         credit against the corporate income tax for a

13         portion of the costs of voluntary cleanup

14         rehabilitation of specified contaminated sites;

15         providing limitations; providing for carryover

16         of the credit; requiring filing of certain

17         information with the Department of Revenue;

18         providing for rules; amending s. 220.02, F.S.;

19         providing order of credits against the

20         corporate income tax; creating s. 376.30714,

21         F.S.; providing legislative findings; providing

22         procedures and requirements for approval of

23         such tax credits by the Department of

24         Environmental Protection; providing application

25         requirements; providing for a fee; providing

26         for ineligibility for certain state funding

27         assistance with respect to costs for which such

28         credit is received; providing an effective

29         date.

30

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

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    Florida House of Representatives - 1998                HB 4375

    550-162A-98






  1         Section 1.  Section 199.1055, Florida Statutes, is

  2  created to read:

  3         199.1055  Contaminated site voluntary cleanup

  4  rehabilitation tax credit.--

  5         (1)  AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.--

  6         (a)  A credit in the amount of 25 percent of the costs

  7  of voluntary cleanup rehabilitation of a drycleaning solvent

  8  contaminated site eligible for state funding assistance under

  9  s. 376.3078(3), or an ineligible site at which a real property

10  owner undertakes voluntary cleanup rehabilitation, or a

11  brownfield site in a brownfield area designated under s.

12  376.80, is allowed against any tax due for a taxable year

13  under s. 199.032, less any credit allowed by s. 220.68 for

14  that year.

15         (b)  A taxpayer may not receive more than $125,000 per

16  year in tax credits for each site.

17         (c)  The total amount of the tax credits which may be

18  granted under this section and s. 220.1845 is $5 million

19  annually.

20         (d)  If the credit granted under this section is not

21  fully used in any one year because of insufficient tax

22  liability on the part of the taxpayer, the unused amount may

23  be carried forward for a period not to exceed 5 years.

24         (e)  A taxpayer that receives a credit under s.

25  220.1845 is ineligible to receive credit under this section.

26         (f)  A taxpayer may only receive a tax credit for costs

27  it expends for voluntary cleanup rehabilitation, but may not

28  claim a tax credit for any costs expended by the state on site

29  rehabilitation. Where the state undertakes site rehabilitation

30  activities that are duplicative or redundant to the voluntary

31  cleanup rehabilitation of the taxpayer, the taxpayer is not

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    Florida House of Representatives - 1998                HB 4375

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  1  precluded from claiming a tax credit for the voluntary cleanup

  2  rehabilitation costs that the taxpayer expends.

  3         (2)  FILING REQUIREMENTS.--Any taxpayer that wishes to

  4  obtain credit under this section must submit with its return:

  5         (a)  The application submitted to the Department of

  6  Environmental Protection under s. 376.30714.

  7         (b)  The letter of approval from the Department of

  8  Environmental Protection.

  9         (c)  Records of payment made as specified in s.

10  376.30714(4).

11         (3)  ADMINISTRATION.--The Department of Revenue may

12  adopt rules necessary to administer this section.

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

14  Statutes, is amended to read:

15         220.02  Legislative intent.--

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

17  against either the corporate income tax or the franchise tax

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

19  220.68, those enumerated in s. 631.719(1), those enumerated in

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

21  s. 631.828, those enumerated in s. 220.181, those enumerated

22  in s. 220.183, those enumerated in s. 220.182, those

23  enumerated in s. 220.1895, those enumerated in s. 221.02,

24  those enumerated in s. 220.184, those enumerated in s.

25  220.186, and those enumerated in s. 220.188, and those

26  enumerated in s. 220.1845.

27         Section 3.  Section 220.1845, Florida Statutes, is

28  created to read:

29         220.1845  Contaminated site voluntary cleanup

30  rehabilitation tax credit.--

31         (1)  AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.--

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    Florida House of Representatives - 1998                HB 4375

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  1         (a)  A credit in the amount of 25 percent of the costs

  2  of voluntary cleanup rehabilitation of a drycleaning solvent

  3  contaminated site eligible for state funding assistance under

  4  s. 376.3078(3), or an ineligible site at which a real property

  5  owner undertakes voluntary cleanup rehabilitation, or a

  6  brownfield site in a brownfield area designated under s.

  7  376.80, is allowed against any tax due for a taxable year

  8  under this chapter.

  9         (b)  A corporation may not receive more than $125,000

10  per year in tax credits for each site.

11         (c)  The total amount of the tax credits which may be

12  granted under this section and s. 199.1055 is $5 million

13  annually.

14         (d)  If the credit granted under this section is not

15  fully used in any one year because of insufficient tax

16  liability on the part of the corporation, the unused amount

17  may be carried forward for a period not to exceed 5 years. The

18  carryover credit may be used in a subsequent year when the tax

19  imposed by this chapter for that year exceeds the credit for

20  which the corporation is eligible in that year under this

21  section after applying the other credits and unused carryovers

22  in the order provided by s. 220.02(10).

23         (e)  A taxpayer that files a consolidated return in

24  this state as a member of an affiliated group under s.

25  220.131(1) may be allowed the credit on a consolidated return

26  basis up to the amount of tax imposed upon and paid by the

27  taxpayer that incurred the rehabilitation costs.

28         (f)  A taxpayer that receives credit under s. 199.1055

29  is ineligible to receive credit under this section.

30         (g)  A taxpayer may only receive a tax credit for costs

31  it expends for voluntary cleanup rehabilitation, but may not

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    Florida House of Representatives - 1998                HB 4375

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  1  claim a tax credit for any costs expended by the state on site

  2  rehabilitation. Where the state undertakes site rehabilitation

  3  activities that are duplicative or redundant to the voluntary

  4  cleanup rehabilitation of the taxpayer, the taxpayer is not

  5  precluded from claiming a tax credit for the voluntary cleanup

  6  rehabilitation costs that the taxpayer expends.

  7         (2)  FILING REQUIREMENTS.--Any corporation that wishes

  8  to obtain credit under this section must submit with its

  9  return:

10         (a)  The application submitted to the Department of

11  Environmental Protection under s. 376.30714.

12         (b)  The letter of approval from the Department of

13  Environmental Protection.

14         (c)  All contracts and contract negotiations for the

15  rehabilitation.

16         (d)  Records of payment made as specified in s.

17  376.30714(4).

18         (3)  ADMINISTRATION.--The department may adopt all

19  rules necessary to administer this section.

20         Section 4.  Section 376.30714, Florida Statutes, is

21  created to read:

22         376.30714  Partial tax credits for voluntary cleanup

23  rehabilitation of drycleaning solvent contaminated sites and

24  brownfield sites contaminated with hazardous substances.--

25         (1)  The Legislature finds that:

26         (a)  To facilitate property transactions and economic

27  growth and development, it is in the interest of the state to

28  encourage the voluntary cleanup, at the earliest possible

29  time, of drycleaning solvent contaminated sites of and

30  contaminated sites in a designated brownfield area.

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    Florida House of Representatives - 1998                HB 4375

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  1         (b)  It is the intent of the Legislature to encourage

  2  such voluntary cleanup by providing a partial tax credit for

  3  the voluntary cleanup rehabilitation of such property in

  4  specified circumstances.

  5         (2)  An owner, operator, or real property owner is

  6  eligible for a tax credit as provided in this section of 25

  7  percent of the actual cost of voluntary cleanup rehabilitation

  8  activity up to a maximum credit of $125,000 per site for each

  9  tax year.

10         (3)  The department may approve a total of no more than

11  $5 million of partial tax credits for voluntary cleanup

12  rehabilitation activities per tax year. Approval of partial

13  tax credits must be accomplished on a first-come, first-served

14  basis based upon the date complete applications for the tax

15  credit are received by the Division of Waste Management. Any

16  person, taxpayer, or corporate entity conducting or proposing

17  to conduct voluntary cleanup rehabilitation may submit an

18  application for a tax credit. An application for tax credit

19  must be submitted to the department on forms provided by the

20  department; however, until such forms are published by the

21  department, a person, taxpayer, or corporate entity may apply

22  for tax credits by submitting the information required by this

23  subsection. Upon approval of the application, the department

24  must issue a written decision granting or denying eligibility

25  for partial tax credit. An application must consist of:

26         (a)  Proof of eligibility under s. 376.3078(3), or, if

27  the facility is ineligible, proof that the real property owner

28  undertook voluntary cleanup rehabilitation.

29         (b)  A contamination assessment report.

30         (c)  A proposed course of action with estimated costs

31  per tax year.

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    Florida House of Representatives - 1998                HB 4375

    550-162A-98






  1         (d)  Payment of all deductibles pursuant to s.

  2  376.3078(3)(d).

  3         (e)  A nonrefundable review fee of $250 to cover the

  4  administrative costs associated with departmental review of

  5  the application.

  6         (4)  To receive the partial tax credit under s.

  7  199.1055 or s. 220.1845, the taxpayer must submit to the

  8  Department of Revenue the department's letter of approval,

  9  copies of contracts and documentation of contract

10  negotiations, and accounts, invoices, sales tickets, or other

11  payment records from purchases, sales, leases, or other

12  transactions involving approved and actual costs incurred for

13  that tax year related to site rehabilitation.

14         (5)  An owner, operator, or real property owner who

15  receives a tax credit pursuant to s. 199.1055 or s. 220.1845

16  for costs incurred in conjunction with the rehabilitation

17  activities is ineligible for state funding assistance under s.

18  376.3078(3) for those costs.

19         Section 5.  This act shall take effect July 1 of the

20  year in which enacted.

21

22            *****************************************

23                          HOUSE SUMMARY

24
      Provides for a credit against the annual intangible
25    personal property tax or the corporate income tax for a
      portion of the costs of voluntary cleanup rehabilitation
26    of specified contaminated sites. Provides limitations.
      Provides for carryover of the credits. Requires filing of
27    certain information with the Department of Revenue.
      Provides procedures and requirements for approval of such
28    tax credits by the Department of Environmental
      Protection. Provides application requirements. Provides
29    for a fee. Provides for ineligibility for certain state
      funding assistance with respect to costs for which such
30    credit is received.

31

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