Senate Bill sb1370

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    Florida Senate - 2004                                  SB 1370

    By Senator Saunders





    37-878-04

  1                      A bill to be entitled

  2         An act relating to community contribution tax

  3         credits; amending ss. 212.08 and 220.183, F.S.;

  4         increasing the annual limitation on the amount

  5         of such credits which may be granted against

  6         the sales and use tax, the corporate income

  7         tax, and insurance premium taxes; amending s.

  8         624.5105, F.S.; providing that an insurer

  9         claiming a credit is not subject to the

10         retaliatory tax levied under s. 624.5091, F.S.;

11         providing an effective date.

12  

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

14  

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

16  212.08, Florida Statutes, is amended to read:

17         212.08  Sales, rental, use, consumption, distribution,

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

19  the rental, the use, the consumption, the distribution, and

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

21  following are hereby specifically exempt from the tax imposed

22  by this chapter.

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

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

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

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

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

28  sponsors are eligible for tax credits against their state

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

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

31  person's approved annual community contribution;

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    Florida Senate - 2004                                  SB 1370
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 1         b.  The credit shall be granted as a refund against

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

 3  the 12 months preceding the date of application to the

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

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

 6  because of insufficient tax payments during the applicable

 7  12-month period, the unused amount may be included in an

 8  application for a refund made pursuant to sub-subparagraph

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

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

11  period without regard to any time limitation that would

12  otherwise apply under s. 215.26;

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

14  annual tax credits for all approved community contributions

15  made in any one year;

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

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

18  Trade, and Economic Development;

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

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

21  220.183, and s. 624.5105 is $15 $10 million annually; and

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

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

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

25  choice.

26         2.  Eligibility requirements.--

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

28  following form:

29         (I)  Cash or other liquid assets;

30         (II)  Real property;

31         (III)  Goods or inventory; or

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    Florida Senate - 2004                                  SB 1370
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 1         (IV)  Other physical resources as identified by the

 2  Office of Tourism, Trade, and Economic Development.

 3         b.  All community contributions must be reserved

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

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

 6  undertaken by an eligible sponsor which is designed to

 7  construct, improve, or substantially rehabilitate housing that

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

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

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

11  designed to improve entrepreneurial and job-development

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

13  investment necessary to increase access to high-speed

14  broadband capability in rural communities with enterprise

15  zones, including projects that result in improvements to

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

17  may include the provision of museum educational programs and

18  materials that are directly related to any project approved

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

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

21  paragraph does not preclude projects that propose to construct

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

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

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

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

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

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

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

29  very-low-income housing-related activities:

30         (I)  Project development impact and management fees for

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

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    Florida Senate - 2004                                  SB 1370
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 1         (II)  Down payment and closing costs for eligible

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

 3         (III)  Administrative costs, including housing

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

 5  community contribution, directly related to low-income or

 6  very-low-income projects; and

 7         (IV)  Removal of liens recorded against residential

 8  property by municipal, county, or special district local

 9  governments when satisfaction of the lien is a necessary

10  precedent to the transfer of the property to an eligible

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

12  purpose of promoting home ownership. Contributions for lien

13  removal must be received from a nonrelated third party.

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

15  sponsor," which includes:

16         (I)  A community action program;

17         (II)  A nonprofit community-based development

18  organization whose mission is the provision of housing for

19  low-income or very-low-income households or increasing

20  entrepreneurial and job-development opportunities for

21  low-income persons;

22         (III)  A neighborhood housing services corporation;

23         (IV)  A local housing authority created under chapter

24  421;

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

26  163.356;

27         (VI)  The Florida Industrial Development Corporation;

28         (VII)  A historic preservation district agency or

29  organization;

30         (VIII)  A regional workforce board;

31  

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

 2  1009.983;

 3         (X)  An enterprise zone development agency created

 4  under s. 290.0056;

 5         (XI)  A community-based organization incorporated under

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

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

 8  Code and whose bylaws and articles of incorporation include

 9  affordable housing, economic development, or community

10  development as the primary mission of the corporation;

11         (XII)  Units of local government;

12         (XIII)  Units of state government; or

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

14  Trade, and Economic Development designates by rule.

15  

16  In no event may a contributing person have a financial

17  interest in the eligible sponsor.

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

19  an enterprise zone or a Front Porch Florida Community pursuant

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

21  high-speed broadband capability for rural communities with

22  enterprise zones but is physically located outside the

23  designated rural zone boundaries. Any project designed to

24  construct or rehabilitate housing for low-income or

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

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

27  sub-subparagraph.

28         3.  Application requirements.--

29         a.  Any eligible sponsor seeking to participate in this

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

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

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    Florida Senate - 2004                                  SB 1370
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 1  the sponsor, a description of the project, and the area in

 2  which the project is located, together with such supporting

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

 4  contain a resolution from the local governmental unit in which

 5  the project is located certifying that the project is

 6  consistent with local plans and regulations.

 7         b.  Any person seeking to participate in this program

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

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

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

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

12  shall verify the terms of the application and indicate its

13  receipt of the contribution, which verification must be in

14  writing and accompany the application for tax credit. The

15  person must submit a separate tax credit application to the

16  office for each individual contribution that it makes to each

17  individual project.

18         c.  Any person who has received notification from the

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

20  credit has been approved must apply to the department to

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

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

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

24  only one application for refund to the department within any

25  12-month period.

26         4.  Administration.--

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

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

29  120.54 necessary to administer this paragraph, including rules

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

31  

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    Florida Senate - 2004                                  SB 1370
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 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 $15 $10 million annually.

31  

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    Florida Senate - 2004                                  SB 1370
    37-878-04




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

 2  624.5105, Florida Statutes, is amended, and paragraph (f) is

 3  added to that subsection, to read:

 4         624.5105  Community contribution tax credit;

 5  authorization; limitations; eligibility and application

 6  requirements; administration; definitions; expiration.--

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

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

 9  granted for all programs approved under this section and ss.

10  212.08(5)(q) and s. 220.183 is $15 $10 million annually.

11         (f)  An insurer that claims a credit against

12  premium-tax liability earned by making a community

13  contribution under this section need not pay any additional

14  retaliatory tax levied under s. 624.5091 as a result of

15  claiming such a credit, and s. 624.5091 does not limit such a

16  credit in any manner.

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

18  

19            *****************************************

20                          SENATE SUMMARY

21    Increases the annual limitation on the amount of
      community contribution tax credits which may be granted
22    against the sales and use tax, the corporate income tax,
      and insurance premium taxes. Providing that an insurer
23    that claims a community contribution tax credit is not
      subject to a retaliatory tax levied under s. 624.5091,
24    F.S.

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