CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 1406, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Latvala moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 103, between lines 10 and 11,

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16  insert:

17         Section 35.  Paragraph (h) of subsection (1) and

18  subsections (2) and (4) of section 220.191, Florida Statutes,

19  are amended to read:

20         220.191  Capital investment tax credit.--

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

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

23  facility in this state which either:

24         1.  Creates at least 100 new jobs in this state and is

25  in one of the high-impact sectors identified by Enterprise

26  Florida, Inc., and certified by the office pursuant to s.

27  288.108(6), including, but not limited to, aviation,

28  aerospace, automotive, and silicon technology industries;.

29         2.  Creates at least 75 new jobs in this state, is in

30  one of the high-impact sectors identified by Enterprise

31  Florida, Inc., and certified by the office pursuant to s.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 1406, 1st Eng.

    Amendment No.    





 1  288.108(6) and is located in a brownfield area; or

 2         3.  Creates at least 1,500 new jobs, with an average

 3  projected wage on the date of application of not less than 100

 4  percent of the average private sector wage in the area, is in

 5  one of the target industries sectors, commences operation in

 6  this state after July 1, 1999, and is located in a county with

 7  a population of fewer than 1 million which had an unemployment

 8  rate in the previous calendar year of at least 20 percent

 9  above the state unemployment rate according to the Department

10  of Labor and Employment Security. Notwithstanding the

11  provisions of subsection (2), the credit granted under this

12  subparagraph shall be available for three years.

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

14  chapter shall be granted to any qualifying business in an

15  amount equal to 5 percent of the eligible capital costs

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

17  20 years beginning with the commencement of operations of the

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

19  corporate income tax liability or the premium tax liability

20  generated by or arising out of the qualifying project, and the

21  sum of all tax credits provided pursuant to this section shall

22  not exceed 100 percent of the eligible capital costs of the

23  project. In no event may any credit granted under this section

24  be carried forward or backward by any qualifying business with

25  respect to a subsequent or prior year. The annual tax credit

26  granted under this section shall not exceed the following

27  percentages of the annual corporate income tax liability or

28  the premium tax liability generated by or arising out of a

29  qualifying project:

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 1406, 1st Eng.

    Amendment No.    





 1  million.

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

 3  which results in a cumulative capital investment of at least

 4  $50 million but less than $100 million.

 5         (c)  Fifty percent for a qualifying project which

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

 7  million but less than $50 million.

 8         (d)  Twenty-five percent for a qualifying project under

 9  subparagraph (1)(h)3. which results in a cumulative capital

10  investment of at least $25 million but less than $50 million.

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12  A qualifying project which results in a cumulative capital

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

14  capital investment tax credit. An insurance company claiming a

15  credit against premium tax liability under this program shall

16  not be required to pay any additional retaliatory tax levied

17  pursuant to s. 624.5091 as a result of claiming such credit.

18  Because credits under this section are available to an

19  insurance company, s. 624.5091 does not limit such credit in

20  any manner.

21         (4)  The office, upon application by the business and

22  evaluation and a recommendation by Enterprise Florida, Inc.,

23  may shall first certify a business as eligible to receive tax

24  credits pursuant to this section prior to the commencement of

25  operations of a qualifying project, and such certification

26  shall be transmitted to the Department of Revenue. Upon

27  receipt of the certification, the Department of Revenue shall

28  enter into a written agreement with the qualifying business

29  specifying, at a minimum, the method by which income generated

30  by or arising out of the qualifying project will be

31  determined.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 1406, 1st Eng.

    Amendment No.    





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 2  (Redesignate subsequent sections.)

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 5  ================ T I T L E   A M E N D M E N T ===============

 6  And the title is amended as follows:

 7         On page 5, line 23, following the semicolon

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 9  insert:

10         amending s. 220.191, F.S.; redefining the term

11         "qualifying project" with respect to capital

12         investment tax credits; providing capital

13         investment tax credits for certain projects;

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