1 | The Commerce Council recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to the community contribution tax credit |
7 | program; amending s. 212.08, F.S.; increasing the amount |
8 | of available annual community contribution tax credits; |
9 | requiring the Office of Tourism, Trade, and Economic |
10 | Development to reserve portions of certain annual tax |
11 | credits for donations made to eligible sponsors for |
12 | projects that provide homeownership opportunities for |
13 | certain households; providing requirements, criteria, and |
14 | limitations; extending an expiration date; amending s. |
15 | 220.03, F.S.; revising a definition to delete a provision |
16 | authorizing the office to reserve certain portions of |
17 | available annual tax credits for donations made to |
18 | eligible sponsors for projects that provide homeownership |
19 | opportunities for certain households; extending an |
20 | expiration date; amending s. 220.183, F.S.; increasing the |
21 | amount of available annual community contribution tax |
22 | credits; revising eligibility criteria; requiring the |
23 | Office of Tourism, Trade, and Economic Development to |
24 | reserve portions of certain annual tax credits for |
25 | donations made to eligible sponsors for projects that |
26 | provide homeownership opportunities for certain |
27 | households; providing requirements, criteria, and |
28 | limitations; extending an expiration date; amending s. |
29 | 624.5105, F.S.; increasing the amount of available annual |
30 | community contribution tax credits; limiting application |
31 | of certain retaliatory tax provisions under certain |
32 | circumstances; revising tax credit eligibility criteria; |
33 | requiring the Office of Tourism, Trade, and Economic |
34 | Development to reserve portions of certain annual tax |
35 | credits for donations made to eligible sponsors for |
36 | projects that provide homeownership opportunities for |
37 | certain households; providing requirements, criteria, and |
38 | limitations; extending an expiration date; providing an |
39 | effective date. |
40 |
|
41 | Be It Enacted by the Legislature of the State of Florida: |
42 |
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43 | Section 1. Paragraph (q) of subsection (5) of section |
44 | 212.08, Florida Statutes, is amended to read: |
45 | 212.08 Sales, rental, use, consumption, distribution, and |
46 | storage tax; specified exemptions.--The sale at retail, the |
47 | rental, the use, the consumption, the distribution, and the |
48 | storage to be used or consumed in this state of the following |
49 | are hereby specifically exempt from the tax imposed by this |
50 | chapter. |
51 | (5) EXEMPTIONS; ACCOUNT OF USE.-- |
52 | (q) Community contribution tax credit for donations.-- |
53 | 1. Authorization.--Beginning July 1, 2001, persons who are |
54 | registered with the department under s. 212.18 to collect or |
55 | remit sales or use tax and who make donations to eligible |
56 | sponsors are eligible for tax credits against their state sales |
57 | and use tax liabilities as provided in this paragraph: |
58 | a. The credit shall be computed as 50 percent of the |
59 | person's approved annual community contribution; |
60 | b. The credit shall be granted as a refund against state |
61 | sales and use taxes reported on returns and remitted in the 12 |
62 | months preceding the date of application to the department for |
63 | the credit as required in sub-subparagraph 3.c. If the annual |
64 | credit is not fully used through such refund because of |
65 | insufficient tax payments during the applicable 12-month period, |
66 | the unused amount may be included in an application for a refund |
67 | made pursuant to sub-subparagraph 3.c. in subsequent years |
68 | against the total tax payments made for such year. Carryover |
69 | credits may be applied for a 3-year period without regard to any |
70 | time limitation that would otherwise apply under s. 215.26; |
71 | c. A No person may not shall receive more than $200,000 in |
72 | annual tax credits for all approved community contributions made |
73 | in any one year; |
74 | d. All proposals for the granting of the tax credit shall |
75 | require the prior approval of the Office of Tourism, Trade, and |
76 | Economic Development; |
77 | e. The total amount of tax credits which may be granted |
78 | for all programs approved under this paragraph, s. 220.183, and |
79 | s. 624.5105 is $12 $10 million annually; and |
80 | f. A person who is eligible to receive the credit provided |
81 | for in this paragraph, s. 220.183, or s. 624.5105 may receive |
82 | the credit only under the one section of the person's choice. |
83 | 2. Eligibility requirements.-- |
84 | a. A community contribution by a person must be in the |
85 | following form: |
86 | (I) Cash or other liquid assets; |
87 | (II) Real property; |
88 | (III) Goods or inventory; or |
89 | (IV) Other physical resources as identified by the Office |
90 | of Tourism, Trade, and Economic Development. |
91 | b. All community contributions must be reserved |
92 | exclusively for use in a project. As used in this sub- |
93 | subparagraph, the term "project" means any activity undertaken |
94 | by an eligible sponsor which is designed to construct, improve, |
95 | or substantially rehabilitate housing that is affordable to low- |
96 | income or very-low-income households as defined in s. |
97 | 420.9071(19) and (28); designed to provide commercial, |
98 | industrial, or public resources and facilities; or designed to |
99 | improve entrepreneurial and job-development opportunities for |
100 | low-income persons. A project may be the investment necessary to |
101 | increase access to high-speed broadband capability in rural |
102 | communities with enterprise zones, including projects that |
103 | result in improvements to communications assets that are owned |
104 | by a business. A project may include the provision of museum |
105 | educational programs and materials that are directly related to |
106 | any project approved between January 1, 1996, and December 31, |
107 | 1999, and located in an enterprise zone as referenced in s. |
108 | 290.00675. This paragraph does not preclude projects that |
109 | propose to construct or rehabilitate housing for low-income or |
110 | very-low-income households on scattered sites. The Office of |
111 | Tourism, Trade, and Economic Development may reserve up to 50 |
112 | percent of the available annual tax credits for housing for |
113 | very-low-income households pursuant to s. 420.9071(28) for the |
114 | first 6 months of the fiscal year. With respect to housing, |
115 | contributions may be used to pay the following eligible low- |
116 | income and very-low-income housing-related activities: |
117 | (I) Project development impact and management fees for |
118 | low-income or very-low-income housing projects; |
119 | (II) Down payment and closing costs for eligible persons, |
120 | as defined in s. 420.9071(19) and (28); |
121 | (III) Administrative costs, including housing counseling |
122 | and marketing fees, not to exceed 10 percent of the community |
123 | contribution, directly related to low-income or very-low-income |
124 | projects; and |
125 | (IV) Removal of liens recorded against residential |
126 | property by municipal, county, or special district local |
127 | governments when satisfaction of the lien is a necessary |
128 | precedent to the transfer of the property to an eligible person, |
129 | as defined in s. 420.9071(19) and (28), for the purpose of |
130 | promoting home ownership. Contributions for lien removal must be |
131 | received from a nonrelated third party. |
132 | c. The project must be undertaken by an "eligible |
133 | sponsor," which includes: |
134 | (I) A community action program; |
135 | (II) A nonprofit community-based development organization |
136 | whose mission is the provision of housing for low-income or |
137 | very-low-income households or increasing entrepreneurial and |
138 | job-development opportunities for low-income persons; |
139 | (III) A neighborhood housing services corporation; |
140 | (IV) A local housing authority created under chapter 421; |
141 | (V) A community redevelopment agency created under s. |
142 | 163.356; |
143 | (VI) The Florida Industrial Development Corporation; |
144 | (VII) A historic preservation district agency or |
145 | organization; |
146 | (VIII) A regional workforce board; |
147 | (IX) A direct-support organization as provided in s. |
148 | 1009.983; |
149 | (X) An enterprise zone development agency created under s. |
150 | 290.0056; |
151 | (XI) A community-based organization incorporated under |
152 | chapter 617 which is recognized as educational, charitable, or |
153 | scientific pursuant to s. 501(c)(3) of the Internal Revenue Code |
154 | and whose bylaws and articles of incorporation include |
155 | affordable housing, economic development, or community |
156 | development as the primary mission of the corporation; |
157 | (XII) Units of local government; |
158 | (XIII) Units of state government; or |
159 | (XIV) Any other agency that the Office of Tourism, Trade, |
160 | and Economic Development designates by rule. |
161 |
|
162 | In no event may a contributing person have a financial interest |
163 | in the eligible sponsor. |
164 | d. The project must be located in an area designated an |
165 | enterprise zone or a Front Porch Florida Community pursuant to |
166 | s. 20.18(6), unless the project increases access to high-speed |
167 | broadband capability for rural communities with enterprise zones |
168 | but is physically located outside the designated rural zone |
169 | boundaries. Any project designed to construct or rehabilitate |
170 | housing for low-income or very-low-income households as defined |
171 | in s. 420.0971(19) and (28) is exempt from the area requirement |
172 | of this sub-subparagraph. |
173 | e.(I) For the first 6 months of the fiscal year, the |
174 | Office of Tourism, Trade, and Economic Development shall reserve |
175 | 80 percent of the first $10 million in available annual tax |
176 | credits, and 70 percent of any available annual tax credits in |
177 | excess of $10 million, for donations made to eligible sponsors |
178 | for projects that provide homeownership opportunities for low- |
179 | income or very-low-income households as defined in s. |
180 | 420.9071(19) and (28). If any such reserved annual tax credits |
181 | remain after the first 6 months of the fiscal year, the office |
182 | may approve the balance of such available credits for donations |
183 | made to eligible sponsors for projects other than those that |
184 | provide homeownership opportunities for low-income or very-low- |
185 | income households. |
186 | (II) For the first 6 months of the fiscal year, the office |
187 | shall reserve 20 percent of the first $10 million in available |
188 | annual tax credits, and 30 percent of any available annual tax |
189 | credits in excess of $10 million, for donations made to eligible |
190 | sponsors for projects other than those that provide |
191 | homeownership opportunities for low-income or very-low-income |
192 | households as defined in s. 420.9071(19) and (28). If any such |
193 | reserved annual tax credits remain after the first 6 months of |
194 | the fiscal year, the office may approve the balance of such |
195 | available credits for donations made to eligible sponsors for |
196 | projects that provide homeownership opportunities for low-income |
197 | or very-low-income households. |
198 | (III) If, during the first 10 business days of the state |
199 | fiscal year, eligible tax credit applications are received for |
200 | less than the available annual tax credits reserved under sub- |
201 | sub-subparagraph (I), the office shall grant tax credits for |
202 | such applications and shall grant remaining tax credits on a |
203 | first-come, first-served basis for any subsequent eligible |
204 | applications received before the end of the first 6 months of |
205 | the state fiscal year. If, during the first 10 business days of |
206 | the state fiscal year, eligible tax credit applications are |
207 | received for more than the available annual tax credits reserved |
208 | under sub-sub-subparagraph (I), the office shall grant the tax |
209 | credits for such applications as follows: |
210 | (A) If tax credit applications submitted for approved |
211 | projects of an eligible sponsor do not exceed $200,000 in total, |
212 | the credits shall be granted in full if the tax credit |
213 | applications are approved, subject to the provisions of sub-sub- |
214 | subparagraph (I). |
215 | (B) If tax credit applications submitted for approved |
216 | projects of an eligible sponsor exceed $200,000 in total, the |
217 | amount of tax credits granted pursuant to sub-sub-sub- |
218 | subparagraph (A) shall be subtracted from the amount of |
219 | available tax credits pursuant to sub-sub-subparagraph (I), and |
220 | the remaining credits shall be granted to each approved tax |
221 | credit application on a pro rata basis. |
222 | (C) If, after the first 6 months of the fiscal year, |
223 | additional credits become available pursuant to sub-sub- |
224 | subparagraph (II), the office shall grant the tax credits by |
225 | first granting to those who received a pro rata reduction up to |
226 | the full amount of their request and, if there are remaining |
227 | credits, granting credits to those who applied on or after the |
228 | 11th business day of the state fiscal year on a first-come, |
229 | first-served basis. |
230 | (IV) If, during the first 10 business days of the state |
231 | fiscal year, eligible tax credit applications are received for |
232 | less than the available annual tax credits reserved under sub- |
233 | sub-subparagraph (II), the office shall grant tax credits for |
234 | such applications and shall grant remaining tax credits on a |
235 | first-come, first-served basis for any subsequent eligible |
236 | applications received before the end of the first 6 months of |
237 | the state fiscal year. If, during the first 10 business days of |
238 | the state fiscal year, eligible tax credit applications are |
239 | received for more than the available annual tax credits reserved |
240 | under sub-sub-subparagraph (II), the office shall grant the tax |
241 | credits for such applications on a pro rata basis. If, after the |
242 | first 6 months of the fiscal year, additional credits become |
243 | available pursuant to sub-sub-subparagraph (I), the office shall |
244 | grant the tax credits by first granting to those who received a |
245 | pro rata reduction up to the full amount of their request and, |
246 | if there are remaining credits, granting credits to those who |
247 | applied on or after the 11th business day of the state fiscal |
248 | year on a first-come, first-served basis. |
249 | 3. Application requirements.-- |
250 | a. Any eligible sponsor seeking to participate in this |
251 | program must submit a proposal to the Office of Tourism, Trade, |
252 | and Economic Development which sets forth the name of the |
253 | sponsor, a description of the project, and the area in which the |
254 | project is located, together with such supporting information as |
255 | is prescribed by rule. The proposal must also contain a |
256 | resolution from the local governmental unit in which the project |
257 | is located certifying that the project is consistent with local |
258 | plans and regulations. |
259 | b. Any person seeking to participate in this program must |
260 | submit an application for tax credit to the Office of Tourism, |
261 | Trade, and Economic Development which sets forth the name of the |
262 | sponsor, a description of the project, and the type, value, and |
263 | purpose of the contribution. The sponsor shall verify the terms |
264 | of the application and indicate its receipt of the contribution, |
265 | which verification must be in writing and accompany the |
266 | application for tax credit. The person must submit a separate |
267 | tax credit application to the office for each individual |
268 | contribution that it makes to each individual project. |
269 | c. Any person who has received notification from the |
270 | Office of Tourism, Trade, and Economic Development that a tax |
271 | credit has been approved must apply to the department to receive |
272 | the refund. Application must be made on the form prescribed for |
273 | claiming refunds of sales and use taxes and be accompanied by a |
274 | copy of the notification. A person may submit only one |
275 | application for refund to the department within any 12-month |
276 | period. |
277 | 4. Administration.-- |
278 | a. The Office of Tourism, Trade, and Economic Development |
279 | may adopt rules pursuant to ss. 120.536(1) and 120.54 necessary |
280 | to administer this paragraph, including rules for the approval |
281 | or disapproval of proposals by a person. |
282 | b. The decision of the Office of Tourism, Trade, and |
283 | Economic Development must be in writing, and, if approved, the |
284 | notification shall state the maximum credit allowable to the |
285 | person. Upon approval, the office shall transmit a copy of the |
286 | decision to the Department of Revenue. |
287 | c. The Office of Tourism, Trade, and Economic Development |
288 | shall periodically monitor all projects in a manner consistent |
289 | with available resources to ensure that resources are used in |
290 | accordance with this paragraph; however, each project must be |
291 | reviewed at least once every 2 years. |
292 | d. The Office of Tourism, Trade, and Economic Development |
293 | shall, in consultation with the Department of Community Affairs, |
294 | the Florida Housing Finance Corporation, and the statewide and |
295 | regional housing and financial intermediaries, market the |
296 | availability of the community contribution tax credit program to |
297 | community-based organizations. |
298 | 5. Expiration.--This paragraph expires June 30, 2015 2005; |
299 | however, any accrued credit carryover that is unused on that |
300 | date may be used until the expiration of the 3-year carryover |
301 | period for such credit. |
302 | Section 2. Paragraph (t) of subsection (1) of section |
303 | 220.03, Florida Statutes, is amended to read: |
304 | 220.03 Definitions.-- |
305 | (1) SPECIFIC TERMS.--When used in this code, and when not |
306 | otherwise distinctly expressed or manifestly incompatible with |
307 | the intent thereof, the following terms shall have the following |
308 | meanings: |
309 | (t) "Project" means any activity undertaken by an eligible |
310 | sponsor, as defined in s. 220.183(2)(c), which is designed to |
311 | construct, improve, or substantially rehabilitate housing that |
312 | is affordable to low-income or very-low-income households as |
313 | defined in s. 420.9071(19) and (28); designed to provide |
314 | commercial, industrial, or public resources and facilities; or |
315 | designed to improve entrepreneurial and job-development |
316 | opportunities for low-income persons. A project may be the |
317 | investment necessary to increase access to high-speed broadband |
318 | capability in rural communities with enterprise zones, including |
319 | projects that result in improvements to communications assets |
320 | that are owned by a business. A project may include the |
321 | provision of museum educational programs and materials that are |
322 | directly related to any project approved between January 1, |
323 | 1996, and December 31, 1999, and located in an enterprise zone |
324 | as referenced in s. 290.00675. This paragraph does not preclude |
325 | projects that propose to construct or rehabilitate low-income or |
326 | very-low-income housing on scattered sites. The Office of |
327 | Tourism, Trade, and Economic Development may reserve up to 50 |
328 | percent of the available annual tax credits under s. 220.181 for |
329 | housing for very-low-income households pursuant to s. |
330 | 420.9071(28) for the first 6 months of the fiscal year. With |
331 | respect to housing, contributions may be used to pay the |
332 | following eligible project-related activities: |
333 | 1. Project development, impact, and management fees for |
334 | low-income or very-low-income housing projects; |
335 | 2. Down payment and closing costs for eligible persons, as |
336 | defined in s. 420.9071(19) and (28); |
337 | 3. Administrative costs, including housing counseling and |
338 | marketing fees, not to exceed 10 percent of the community |
339 | contribution, directly related to low-income or very-low-income |
340 | projects; and |
341 | 4. Removal of liens recorded against residential property |
342 | by municipal, county, or special-district local governments when |
343 | satisfaction of the lien is a necessary precedent to the |
344 | transfer of the property to an eligible person, as defined in s. |
345 | 420.9071(19) and (28), for the purpose of promoting home |
346 | ownership. Contributions for lien removal must be received from |
347 | a nonrelated third party. |
348 |
|
349 | The provisions of this paragraph shall expire and be void on |
350 | June 30, 2015 2005. |
351 | Section 3. Paragraph (c) of subsection (1), paragraph (b) |
352 | of subsection (2), and subsection (5) of section 220.183, |
353 | Florida Statutes, are amended to read: |
354 | 220.183 Community contribution tax credit.-- |
355 | (1) AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX |
356 | CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM |
357 | SPENDING.-- |
358 | (c) The total amount of tax credit which may be granted |
359 | for all programs approved under this section, s. 212.08(5)(q), |
360 | and s. 624.5105 is $12 $10 million annually. |
361 | (2) ELIGIBILITY REQUIREMENTS.-- |
362 | (b)1. All community contributions must be reserved |
363 | exclusively for use in projects as defined in s. 220.03(1)(t). |
364 | 2. For the first 6 months of the fiscal year, the Office |
365 | of Tourism, Trade, and Economic Development shall may reserve 80 |
366 | up to 50 percent of the first $10 million in available annual |
367 | tax credits, and 70 percent of any available annual tax credits |
368 | in excess of $10 million, for housing for donations made to |
369 | eligible sponsors for projects that provide homeownership |
370 | opportunities for low-income or very-low-income households as |
371 | defined in pursuant to s. 420.9071(19) and (28) for the first 6 |
372 | months of the fiscal year. If any such reserved annual tax |
373 | credits remain after the first 6 months of the fiscal year, the |
374 | office may approve the balance of such available credits for |
375 | donations made to eligible sponsors for projects other than |
376 | those that provide homeownership opportunities for low-income or |
377 | very-low-income households. |
378 | 3. For the first 6 months of the fiscal year, the office |
379 | shall reserve 20 percent of the first $10 million in available |
380 | annual tax credits, and 30 percent of any available annual tax |
381 | credits in excess of $10 million, for donations made to eligible |
382 | sponsors for projects other than those that provide |
383 | homeownership opportunities for low-income or very-low-income |
384 | households as defined in s. 420.9071(19) and (28). If any such |
385 | reserved annual tax credits remain after the first 6 months of |
386 | the fiscal year, the office may approve the balance of such |
387 | available credits for donations made to eligible sponsors for |
388 | projects that provide homeownership opportunities for low-income |
389 | or very-low-income households. |
390 | 4. If, during the first 10 business days of the state |
391 | fiscal year, eligible tax credit applications are received for |
392 | less than the available annual tax credits reserved under |
393 | subparagraph 2., the office shall grant tax credits for such |
394 | applications and shall grant remaining tax credits on a first- |
395 | come, first-served basis for any subsequent eligible |
396 | applications received before the end of the first 6 months of |
397 | the state fiscal year. If, during the first 10 business days of |
398 | the state fiscal year, eligible tax credit applications are |
399 | received for more than the available annual tax credits reserved |
400 | under subparagraph 2., the office shall grant the tax credits |
401 | for such applications as follows: |
402 | a. If tax credit applications submitted for approved |
403 | projects of an eligible sponsor do not exceed $200,000 in total, |
404 | the credits shall be granted in full if the tax credit |
405 | applications are approved, subject to the provisions of |
406 | subparagraph 2. |
407 | b. If tax credit applications submitted for approved |
408 | projects of an eligible sponsor exceed $200,000 in total, the |
409 | amount of tax credits granted pursuant to sub-subparagraph a. |
410 | shall be subtracted from the amount of available tax credits |
411 | pursuant to subparagraph 2., and the remaining credits shall be |
412 | granted to each approved tax credit application on a pro rata |
413 | basis. |
414 | c. If, after the first 6 months of the fiscal year, |
415 | additional credits become available pursuant to subparagraph 3., |
416 | the office shall grant the tax credits by first granting to |
417 | those who received a pro rata reduction up to the full amount of |
418 | their request and, if there are remaining credits, granting |
419 | credits to those who applied on or after the 11th business day |
420 | of the state fiscal year on a first-come, first-served basis. |
421 | 5. If, during the first 10 business days of the state |
422 | fiscal year, eligible tax credit applications are received for |
423 | less than the available annual tax credits reserved under |
424 | subparagraph 3., the office shall grant tax credits for such |
425 | applications and shall grant remaining tax credits on a first- |
426 | come, first-served basis for any subsequent eligible |
427 | applications received before the end of the first 6 months of |
428 | the state fiscal year. If, during the first 10 business days of |
429 | the state fiscal year, eligible tax credit applications are |
430 | received for more than the available annual tax credits reserved |
431 | under subparagraph 3., the office shall grant the tax credits |
432 | for such applications on a pro rata basis. If, after the first 6 |
433 | months of the fiscal year, additional credits become available |
434 | pursuant to subparagraph 2., the office shall grant the tax |
435 | credits by first granting to those who received a pro rata |
436 | reduction up to the full amount of their request and, if there |
437 | are remaining credits, granting credits to those who applied on |
438 | or after the 11th business day of the state fiscal year on a |
439 | first-come, first-served basis. |
440 | (5) EXPIRATION.--The provisions of this section, except |
441 | paragraph (1)(e), shall expire and be void on June 30, 2015 |
442 | 2005. |
443 | Section 4. Paragraph (c) of subsection (1) and subsection |
444 | (6) of section 624.5105, Florida Statutes, are amended, |
445 | paragraph (f) is added to subsection (1), and paragraph (e) is |
446 | added to subsection (2) of said section, to read: |
447 | 624.5105 Community contribution tax credit; authorization; |
448 | limitations; eligibility and application requirements; |
449 | administration; definitions; expiration.-- |
450 | (1) AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.-- |
451 | (c) The total amount of tax credit which may be granted |
452 | for all programs approved under this section and ss. |
453 | 212.08(5)(q) and s. 220.183 is $12 $10 million annually. |
454 | (f) An insurer that claims a credit against premium tax |
455 | liability earned by making a community contribution under this |
456 | section need not pay any additional retaliatory tax levied under |
457 | s. 624.5091 as a result of claiming such a credit. Section |
458 | 624.5091 does not limit such a credit in any manner. |
459 | (2) ELIGIBILITY REQUIREMENTS.-- |
460 | (e)1. For the first 6 months of the fiscal year, the |
461 | Office of Tourism, Trade, and Economic Development shall reserve |
462 | 80 percent of the first $10 million in available annual tax |
463 | credits, and 70 percent of any available annual tax credits in |
464 | excess of $10 million, for donations made to eligible sponsors |
465 | for projects that provide homeownership opportunities for low- |
466 | income or very-low-income households as defined in s. |
467 | 420.9071(19) and (28). If any such reserved annual tax credits |
468 | remain after the first 6 months of the fiscal year, the office |
469 | may approve the balance of such available credits for donations |
470 | made to eligible sponsors for projects other than those that |
471 | provide homeownership opportunities for low-income or very-low- |
472 | income households. |
473 | 2. For the first 6 months of the fiscal year, the office |
474 | shall reserve 20 percent of the first $10 million in available |
475 | annual tax credits, and 30 percent of any available annual tax |
476 | credits in excess of $10 million, for donations made to eligible |
477 | sponsors for projects other than those that provide |
478 | homeownership opportunities for low-income or very-low-income |
479 | households as defined in s. 420.9071(19) and (28). If any such |
480 | reserved annual tax credits remain after the first 6 months of |
481 | the fiscal year, the office may approve the balance of such |
482 | available credits for donations made to eligible sponsors for |
483 | projects that provide homeownership opportunities for low-income |
484 | or very-low-income households. |
485 | 3. If, during the first 10 business days of the state |
486 | fiscal year, eligible tax credit applications are received for |
487 | less than the available annual tax credits reserved under |
488 | subparagraph 1., the office shall grant tax credits for such |
489 | applications and shall grant remaining tax credits on a first- |
490 | come, first-served basis for any subsequent eligible |
491 | applications received before the end of the first 6 months of |
492 | the state fiscal year. If, during the first 10 business days of |
493 | the state fiscal year, eligible tax credit applications are |
494 | received for more than the available annual tax credits reserved |
495 | under subparagraph 1., the office shall grant the tax credits |
496 | for such applications as follows: |
497 | a. If tax credit applications submitted for approved |
498 | projects of an eligible sponsor do not exceed $200,000 in total, |
499 | the credits shall be granted in full if the tax credit |
500 | applications are approved, subject to the provisions of |
501 | subparagraph 1. |
502 | b. If tax credit applications submitted for approved |
503 | projects of an eligible sponsor exceed $200,000 in total, the |
504 | amount of tax credits granted pursuant to sub-subparagraph a. |
505 | shall be subtracted from the amount of available tax credits |
506 | pursuant to subparagraph 1., and the remaining credits shall be |
507 | granted to each approved tax credit application on a pro rata |
508 | basis. |
509 | c. If, after the first 6 months of the fiscal year, |
510 | additional credits become available pursuant to subparagraph 2., |
511 | the office shall grant the tax credits by first granting to |
512 | those who received a pro rata reduction up to the full amount of |
513 | their request and, if there are remaining credits, granting |
514 | credits to those who applied on or after the 11th business day |
515 | of the state fiscal year on a first-come, first-served basis. |
516 | 4. If, during the first 10 business days of the state |
517 | fiscal year, eligible tax credit applications are received for |
518 | less than the available annual tax credits reserved under |
519 | subparagraph 2., the office shall grant tax credits for such |
520 | applications and shall grant remaining tax credits on a first- |
521 | come, first-served basis for any subsequent eligible |
522 | applications received before the end of the first 6 months of |
523 | the state fiscal year. If, during the first 10 business days of |
524 | the state fiscal year, eligible tax credit applications are |
525 | received for more than the available annual tax credits reserved |
526 | under subparagraph 2., the office shall grant the tax credits |
527 | for such applications on a pro rata basis. If, after the first 6 |
528 | months of the fiscal year, additional credits become available |
529 | pursuant to subparagraph 1., the office shall grant the tax |
530 | credits by first granting to those who received a pro rata |
531 | reduction up to the full amount of their request and, if there |
532 | are remaining credits, granting credits to those who applied on |
533 | or after the 11th business day of the state fiscal year on a |
534 | first-come, first-served basis. |
535 | (6) EXPIRATION.--The provisions of this section, except |
536 | paragraph (1)(e), shall expire and be void on June 30, 2015 |
537 | 2005. |
538 | Section 5. This act shall take effect July 1, 2005. |