Senate Bill sb1210c1

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    Florida Senate - 2004                           CS for SB 1210

    By the Committee on Commerce, Economic Opportunities, and
    Consumer Services; and Senator Wise




    310-2039-04

  1                      A bill to be entitled

  2         An act relating to community contribution tax

  3         credits; amending ss. 212.08, 220.183, and

  4         624.5105, F.S.; increasing the annual

  5         limitation on the amount of such credits which

  6         may be granted against sales and use tax, the

  7         corporate income tax, and insurance premium

  8         taxes; conforming the annual limitation for

  9         purposes of insurance premium taxes; specifying

10         that the limitation on credits applies to sales

11         and use tax as well as to the corporate income

12         tax and insurance premium taxes; providing an

13         effective date.

14  

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

16  

17         Section 1.  Paragraph (q) of subsection (5) of section

18  212.08, Florida Statutes, is amended to read:

19         212.08  Sales, rental, use, consumption, distribution,

20  and storage tax; specified exemptions.--The sale at retail,

21  the rental, the use, the consumption, the distribution, and

22  the storage to be used or consumed in this state of the

23  following are hereby specifically exempt from the tax imposed

24  by this chapter.

25         (5)  EXEMPTIONS; ACCOUNT OF USE.--

26         (q)  Community contribution tax credit for donations.--

27         1.  Authorization.--Beginning July 1, 2001, persons who

28  are registered with the department under s. 212.18 to collect

29  or remit sales or use tax and who make donations to eligible

30  sponsors are eligible for tax credits against their state

31  sales and use tax liabilities as provided in this paragraph:

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    Florida Senate - 2004                           CS for SB 1210
    310-2039-04




 1         a.  The credit shall be computed as 50 percent of the

 2  person's approved annual community contribution;

 3         b.  The credit shall be granted as a refund against

 4  state sales and use taxes reported on returns and remitted in

 5  the 12 months preceding the date of application to the

 6  department for the credit as required in sub-subparagraph 3.c.

 7  If the annual credit is not fully used through such refund

 8  because of insufficient tax payments during the applicable

 9  12-month period, the unused amount may be included in an

10  application for a refund made pursuant to sub-subparagraph

11  3.c. in subsequent years against the total tax payments made

12  for such year. Carryover credits may be applied for a 3-year

13  period without regard to any time limitation that would

14  otherwise apply under s. 215.26;

15         c.  No person shall receive more than $200,000 in

16  annual tax credits for all approved community contributions

17  made in any one year;

18         d.  All proposals for the granting of the tax credit

19  shall require the prior approval of the Office of Tourism,

20  Trade, and Economic Development;

21         e.  The total amount of tax credits which may be

22  granted for all programs approved under this paragraph, s.

23  220.183, and s. 624.5105 is $20 $10 million annually; and

24         f.  A person who is eligible to receive the credit

25  provided for in this paragraph, s. 220.183, or s. 624.5105 may

26  receive the credit only under the one section of the person's

27  choice.

28         2.  Eligibility requirements.--

29         a.  A community contribution by a person must be in the

30  following form:

31         (I)  Cash or other liquid assets;

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    Florida Senate - 2004                           CS for SB 1210
    310-2039-04




 1         (II)  Real property;

 2         (III)  Goods or inventory; or

 3         (IV)  Other physical resources as identified by the

 4  Office of Tourism, Trade, and Economic Development.

 5         b.  All community contributions must be reserved

 6  exclusively for use in a project. As used in this

 7  sub-subparagraph, the term "project" means any activity

 8  undertaken by an eligible sponsor which is designed to

 9  construct, improve, or substantially rehabilitate housing that

10  is affordable to low-income or very-low-income households as

11  defined in s. 420.9071(19) and (28); designed to provide

12  commercial, industrial, or public resources and facilities; or

13  designed to improve entrepreneurial and job-development

14  opportunities for low-income persons. A project may be the

15  investment necessary to increase access to high-speed

16  broadband capability in rural communities with enterprise

17  zones, including projects that result in improvements to

18  communications assets that are owned by a business. A project

19  may include the provision of museum educational programs and

20  materials that are directly related to any project approved

21  between January 1, 1996, and December 31, 1999, and located in

22  an enterprise zone as referenced in s. 290.00675. This

23  paragraph does not preclude projects that propose to construct

24  or rehabilitate housing for low-income or very-low-income

25  households on scattered sites. The Office of Tourism, Trade,

26  and Economic Development may reserve up to 50 percent of the

27  available annual tax credits for housing for very-low-income

28  households pursuant to s. 420.9071(28) for the first 6 months

29  of the fiscal year. With respect to housing, contributions may

30  be used to pay the following eligible low-income and

31  very-low-income housing-related activities:

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    Florida Senate - 2004                           CS for SB 1210
    310-2039-04




 1         (I)  Project development impact and management fees for

 2  low-income or very-low-income housing projects;

 3         (II)  Down payment and closing costs for eligible

 4  persons, as defined in s. 420.9071(19) and (28);

 5         (III)  Administrative costs, including housing

 6  counseling and marketing fees, not to exceed 10 percent of the

 7  community contribution, directly related to low-income or

 8  very-low-income projects; and

 9         (IV)  Removal of liens recorded against residential

10  property by municipal, county, or special district local

11  governments when satisfaction of the lien is a necessary

12  precedent to the transfer of the property to an eligible

13  person, as defined in s. 420.9071(19) and (28), for the

14  purpose of promoting home ownership. Contributions for lien

15  removal must be received from a nonrelated third party.

16         c.  The project must be undertaken by an "eligible

17  sponsor," which includes:

18         (I)  A community action program;

19         (II)  A nonprofit community-based development

20  organization whose mission is the provision of housing for

21  low-income or very-low-income households or increasing

22  entrepreneurial and job-development opportunities for

23  low-income persons;

24         (III)  A neighborhood housing services corporation;

25         (IV)  A local housing authority created under chapter

26  421;

27         (V)  A community redevelopment agency created under s.

28  163.356;

29         (VI)  The Florida Industrial Development Corporation;

30         (VII)  A historic preservation district agency or

31  organization;

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    Florida Senate - 2004                           CS for SB 1210
    310-2039-04




 1         (VIII)  A regional workforce board;

 2         (IX)  A direct-support organization as provided in s.

 3  1009.983;

 4         (X)  An enterprise zone development agency created

 5  under s. 290.0056;

 6         (XI)  A community-based organization incorporated under

 7  chapter 617 which is recognized as educational, charitable, or

 8  scientific pursuant to s. 501(c)(3) of the Internal Revenue

 9  Code and whose bylaws and articles of incorporation include

10  affordable housing, economic development, or community

11  development as the primary mission of the corporation;

12         (XII)  Units of local government;

13         (XIII)  Units of state government; or

14         (XIV)  Any other agency that the Office of Tourism,

15  Trade, and Economic Development designates by rule.

16  

17  In no event may a contributing person have a financial

18  interest in the eligible sponsor.

19         d.  The project must be located in an area designated

20  an enterprise zone or a Front Porch Florida Community pursuant

21  to s. 14.2015(9)(b), unless the project increases access to

22  high-speed broadband capability for rural communities with

23  enterprise zones but is physically located outside the

24  designated rural zone boundaries. Any project designed to

25  construct or rehabilitate housing for low-income or

26  very-low-income households as defined in s. 420.0971(19) and

27  (28) is exempt from the area requirement of this

28  sub-subparagraph.

29         3.  Application requirements.--

30         a.  Any eligible sponsor seeking to participate in this

31  program must submit a proposal to the Office of Tourism,

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    Florida Senate - 2004                           CS for SB 1210
    310-2039-04




 1  Trade, and Economic Development which sets forth the name of

 2  the sponsor, a description of the project, and the area in

 3  which the project is located, together with such supporting

 4  information as is prescribed by rule. The proposal must also

 5  contain a resolution from the local governmental unit in which

 6  the project is located certifying that the project is

 7  consistent with local plans and regulations.

 8         b.  Any person seeking to participate in this program

 9  must submit an application for tax credit to the Office of

10  Tourism, Trade, and Economic Development which sets forth the

11  name of the sponsor, a description of the project, and the

12  type, value, and purpose of the contribution. The sponsor

13  shall verify the terms of the application and indicate its

14  receipt of the contribution, which verification must be in

15  writing and accompany the application for tax credit. The

16  person must submit a separate tax credit application to the

17  office for each individual contribution that it makes to each

18  individual project.

19         c.  Any person who has received notification from the

20  Office of Tourism, Trade, and Economic Development that a tax

21  credit has been approved must apply to the department to

22  receive the refund. Application must be made on the form

23  prescribed for claiming refunds of sales and use taxes and be

24  accompanied by a copy of the notification. A person may submit

25  only one application for refund to the department within any

26  12-month period.

27         4.  Administration.--

28         a.  The Office of Tourism, Trade, and Economic

29  Development may adopt rules pursuant to ss. 120.536(1) and

30  120.54 necessary to administer this paragraph, including rules

31  for the approval or disapproval of proposals by a person.

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    Florida Senate - 2004                           CS for SB 1210
    310-2039-04




 1         b.  The decision of the Office of Tourism, Trade, and

 2  Economic Development must be in writing, and, if approved, the

 3  notification shall state the maximum credit allowable to the

 4  person. Upon approval, the office shall transmit a copy of the

 5  decision to the Department of Revenue.

 6         c.  The Office of Tourism, Trade, and Economic

 7  Development shall periodically monitor all projects in a

 8  manner consistent with available resources to ensure that

 9  resources are used in accordance with this paragraph; however,

10  each project must be reviewed at least once every 2 years.

11         d.  The Office of Tourism, Trade, and Economic

12  Development shall, in consultation with the Department of

13  Community Affairs, the Florida Housing Finance Corporation,

14  and the statewide and regional housing and financial

15  intermediaries, market the availability of the community

16  contribution tax credit program to community-based

17  organizations.

18         5.  Expiration.--This paragraph expires June 30, 2005;

19  however, any accrued credit carryover that is unused on that

20  date may be used until the expiration of the 3-year carryover

21  period for such credit.

22         Section 2.  Paragraph (c) of subsection (1) of section

23  220.183, Florida Statutes, is amended to read:

24         220.183  Community contribution tax credit.--

25         (1)  AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX

26  CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM

27  SPENDING.--

28         (c)  The total amount of tax credit which may be

29  granted for all programs approved under this section, s.

30  212.08(5)(q), and s. 624.5105 is $20 $10 million annually.

31  

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    Florida Senate - 2004                           CS for SB 1210
    310-2039-04




 1         Section 3.  Paragraph (c) of subsection (1) of section

 2  624.5105, Florida Statutes, is amended to read:

 3         624.5105  Community contribution tax credit;

 4  authorization; limitations; eligibility and application

 5  requirements; administration; definitions; expiration.--

 6         (1)  AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.--

 7         (c)  The total amount of tax credit which may be

 8  granted for all programs approved under this section, s.

 9  212.08(5)(q), and s. 220.183 is $20 $10 million annually.

10         Section 4.  This act shall take effect July 1, 2004.

11  

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                         Senate Bill 1210

14                                 

15  The committee substitute makes conforming changes to s.
    212.08(5)(q), F.S., to increase the tax credits available
16  under the community contribution tax credit program to $20
    million in annual credits. The committee substitute also
17  corrects a defect in existing law by adding a cross-reference
    to s. 212.08(5)(q), F.S., in s. 624.5105(1)(c), F.S.
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