Senate Bill sb0202er

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  1                                 

  2         An act relating to the community contribution

  3         tax credit program; amending s. 212.08, F.S.;

  4         requiring the Office of Tourism, Trade, and

  5         Economic Development to reserve portions of

  6         certain annual tax credits for donations made

  7         to eligible sponsors for projects that provide

  8         homeownership opportunities for certain

  9         households; providing requirements, criteria,

10         and limitations; extending an expiration date;

11         amending s. 220.03, F.S.; revising a definition

12         to delete a provision authorizing the office to

13         reserve certain portions of available annual

14         tax credits for donations made to eligible

15         sponsors for projects that provide

16         homeownership opportunities for certain

17         households; extending an expiration date;

18         amending s. 220.183, F.S.; increasing the

19         amount of available annual community

20         contribution tax credits; revising eligibility

21         criteria; requiring the Office of Tourism,

22         Trade, and Economic Development to reserve

23         portions of certain annual tax credits for

24         donations made to eligible sponsors for

25         projects that provide homeownership

26         opportunities for certain households; providing

27         requirements, criteria, and limitations;

28         extending an expiration date; amending s.

29         624.5105, F.S.; increasing the amount of

30         available annual community contribution tax

31         credits; limiting application of certain


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 1         retaliatory tax provisions under certain

 2         circumstances; revising tax credit eligibility

 3         criteria; requiring the Office of Tourism,

 4         Trade, and Economic Development to reserve

 5         portions of certain annual tax credits for

 6         donations made to eligible sponsors for

 7         projects that provide homeownership

 8         opportunities for certain households; providing

 9         requirements, criteria, and limitations;

10         extending an expiration date; amending s.

11         220.191, F.S.; redefining the term "qualifying

12         project"; providing a limitation on the

13         duration of the capital investment tax credit

14         for projects qualifying under this act;

15         providing an effective date.

16  

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

18  

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

20  212.08, Florida Statutes, is amended to read:

21         212.08  Sales, rental, use, consumption, distribution,

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

23  the rental, the use, the consumption, the distribution, and

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

25  following are hereby specifically exempt from the tax imposed

26  by this chapter.

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

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

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

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

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


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 1  sponsors are eligible for tax credits against their state

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

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

 4  person's approved annual community contribution;

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

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

 7  the 12 months preceding the date of application to the

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

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

10  because of insufficient tax payments during the applicable

11  12-month period, the unused amount may be included in an

12  application for a refund made pursuant to sub-subparagraph

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

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

15  period without regard to any time limitation that would

16  otherwise apply under s. 215.26;

17         c.  A No person may not shall receive more than

18  $200,000 in annual tax credits for all approved community

19  contributions made in any one year;

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

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

22  Trade, and Economic Development;

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

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

25  220.183, and s. 624.5105 is $12 $10 million annually; and

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

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

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

29  choice.

30         2.  Eligibility requirements.--

31  


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

 2  following form:

 3         (I)  Cash or other liquid assets;

 4         (II)  Real property;

 5         (III)  Goods or inventory; or

 6         (IV)  Other physical resources as identified by the

 7  Office of Tourism, Trade, and Economic Development.

 8         b.  All community contributions must be reserved

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

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

11  undertaken by an eligible sponsor which is designed to

12  construct, improve, or substantially rehabilitate housing that

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

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

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

16  designed to improve entrepreneurial and job-development

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

18  investment necessary to increase access to high-speed

19  broadband capability in rural communities with enterprise

20  zones, including projects that result in improvements to

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

22  may include the provision of museum educational programs and

23  materials that are directly related to any project approved

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

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

26  paragraph does not preclude projects that propose to construct

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

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

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

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

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


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

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

 3  very-low-income housing-related activities:

 4         (I)  Project development impact and management fees for

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

 6         (II)  Down payment and closing costs for eligible

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

 8         (III)  Administrative costs, including housing

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

10  community contribution, directly related to low-income or

11  very-low-income projects; and

12         (IV)  Removal of liens recorded against residential

13  property by municipal, county, or special district local

14  governments when satisfaction of the lien is a necessary

15  precedent to the transfer of the property to an eligible

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

17  purpose of promoting home ownership. Contributions for lien

18  removal must be received from a nonrelated third party.

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

20  sponsor," which includes:

21         (I)  A community action program;

22         (II)  A nonprofit community-based development

23  organization whose mission is the provision of housing for

24  low-income or very-low-income households or increasing

25  entrepreneurial and job-development opportunities for

26  low-income persons;

27         (III)  A neighborhood housing services corporation;

28         (IV)  A local housing authority created under chapter

29  421;

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

31  163.356;


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 1         (VI)  The Florida Industrial Development Corporation;

 2         (VII)  A historic preservation district agency or

 3  organization;

 4         (VIII)  A regional workforce board;

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

 6  1009.983;

 7         (X)  An enterprise zone development agency created

 8  under s. 290.0056;

 9         (XI)  A community-based organization incorporated under

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

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

12  Code and whose bylaws and articles of incorporation include

13  affordable housing, economic development, or community

14  development as the primary mission of the corporation;

15         (XII)  Units of local government;

16         (XIII)  Units of state government; or

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

18  Trade, and Economic Development designates by rule.

19  

20  In no event may a contributing person have a financial

21  interest in the eligible sponsor.

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

23  an enterprise zone or a Front Porch Florida Community pursuant

24  to s. 20.18(6), unless the project increases access to

25  high-speed broadband capability for rural communities with

26  enterprise zones but is physically located outside the

27  designated rural zone boundaries. Any project designed to

28  construct or rehabilitate housing for low-income or

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

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

31  sub-subparagraph.


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 1         e.(I)  For the first 6 months of the fiscal year, the

 2  Office of Tourism, Trade, and Economic Development shall

 3  reserve 80 percent of the first $10 million in available

 4  annual tax credits and 70 percent of any available annual tax

 5  credits in excess of $10 million for donations made to

 6  eligible sponsors for projects that provide homeownership

 7  opportunities for low-income or very-low-income households as

 8  defined in s. 420.9071(19) and (28). If any such reserved

 9  annual tax credits remain after the first 6 months of the

10  fiscal year, the office may approve the balance of these

11  available credits for donations made to eligible sponsors for

12  projects other than those that provide homeownership

13  opportunities for low-income or very-low-income households.

14         (II) For the first 6 months of the fiscal year, the

15  office shall reserve 20 percent of the first $10 million in

16  available annual tax credits and 30 percent of any available

17  annual tax credits in excess of $10 million for donations made

18  to eligible sponsors for projects other than those that

19  provide homeownership opportunities for low-income or

20  very-low-income households as defined in s. 420.9071(19) and

21  (28). If any reserved annual tax credits remain after the

22  first 6 months of the fiscal year, the office may approve the

23  balance of these available credits for donations made to

24  eligible sponsors for projects that provide homeownership

25  opportunities for low-income or very-low-income households.

26         (III)  If, during the first 10 business days of the

27  state fiscal year, eligible tax credit applications are

28  received for less than the available annual tax credits

29  reserved under sub-sub-subparagraph (I), the office shall

30  grant tax credits for those applications and shall grant

31  remaining tax credits on a first-come, first-served basis for


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 1  any subsequent eligible applications received before the end

 2  of the first 6 months of the state fiscal year.  If, during

 3  the first 10 business days of the state fiscal year, eligible

 4  tax credit applications are received for more than the

 5  available annual tax credits reserved under

 6  sub-sub-subparagraph (I), the office shall grant the tax

 7  credits for the applications as follows:

 8         (A)  If tax credit applications submitted for approved

 9  projects of an eligible sponsor do not exceed $200,000 in

10  total, the credits shall be granted in full if the tax credit

11  applications are approved, subject to sub-sub-subparagraph

12  (I).

13         (B)  If tax credit applications submitted for approved

14  projects of an eligible sponsor exceed $200,000 in total, the

15  amount of tax credits granted pursuant to

16  sub-sub-sub-subparagraph (A) shall be subtracted from the

17  amount of available tax credits under sub-sub-subparagraph

18  (I), and the remaining credits shall be granted to each

19  approved tax credit application on a pro rata basis.

20         (C)  If, after the first 6 months of the fiscal year,

21  additional credits become available under sub-sub-subparagraph

22  (II), the office shall grant the tax credits by first granting

23  to those who received a prorata reduction up to the full

24  amount of their request and, if there are remaining credits,

25  granting credits to those who applied on or after the 11th

26  business day of the state fiscal year on a first-come,

27  first-served basis.

28         (IV)  If, during the first 10 business days of the

29  state fiscal year, eligible tax credit applications are

30  received for less than the available annual tax credits

31  reserved under sub-sub-subparagraph (II), the office shall


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 1  grant tax credits for those applications and shall grant

 2  remaining tax credits on a first-come, first-served basis for

 3  any subsequent eligible applications received before the end

 4  of the first 6 months of the state fiscal year. If, during the

 5  first 10 business days of the state fiscal year, eligible tax

 6  credit applications are received for more than the available

 7  annual tax credits reserved under sub-sub-subparagraph (II),

 8  the office shall grant the tax credits for the applications on

 9  a pro rata basis. If, after the first 6 months of the fiscal

10  year, additional credits become available under

11  sub-sub-subparagraph (I), the office shall grant the tax

12  credits by first granting to those who received a pro rata

13  reduction up to the full amount of their request and, if there

14  are remaining credits, granting credits to those who applied

15  on or after the 11th business day of the state fiscal year on

16  a first-come, first-served basis.

17         3.  Application requirements.--

18         a.  Any eligible sponsor seeking to participate in this

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

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

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

22  which the project is located, together with such supporting

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

24  contain a resolution from the local governmental unit in which

25  the project is located certifying that the project is

26  consistent with local plans and regulations.

27         b.  Any person seeking to participate in this program

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

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

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

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


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 1  shall verify the terms of the application and indicate its

 2  receipt of the contribution, which verification must be in

 3  writing and accompany the application for tax credit. The

 4  person must submit a separate tax credit application to the

 5  office for each individual contribution that it makes to each

 6  individual project.

 7         c.  Any person who has received notification from the

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

 9  credit has been approved must apply to the department to

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

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

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

13  only one application for refund to the department within any

14  12-month period.

15         4.  Administration.--

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

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

18  120.54 necessary to administer this paragraph, including rules

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

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

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

22  notification shall state the maximum credit allowable to the

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

24  decision to the Department of Revenue.

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

26  Development shall periodically monitor all projects in a

27  manner consistent with available resources to ensure that

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

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

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

31  Development shall, in consultation with the Department of


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 1  Community Affairs, the Florida Housing Finance Corporation,

 2  and the statewide and regional housing and financial

 3  intermediaries, market the availability of the community

 4  contribution tax credit program to community-based

 5  organizations.

 6         5.  Expiration.--This paragraph expires June 30, 2015

 7  2005; however, any accrued credit carryover that is unused on

 8  that date may be used until the expiration of the 3-year

 9  carryover period for such credit.

10         Section 2.  Paragraph (t) of subsection (1) of section

11  220.03, Florida Statutes, is amended to read:

12         220.03  Definitions.--

13         (1)  SPECIFIC TERMS.--When used in this code, and when

14  not otherwise distinctly expressed or manifestly incompatible

15  with the intent thereof, the following terms shall have the

16  following meanings:

17         (t)  "Project" means any activity undertaken by an

18  eligible sponsor, as defined in s. 220.183(2)(c), which is

19  designed to construct, improve, or substantially rehabilitate

20  housing that is affordable to low-income or very-low-income

21  households as defined in s. 420.9071(19) and (28); designed to

22  provide commercial, industrial, or public resources and

23  facilities; or designed to improve entrepreneurial and

24  job-development opportunities for low-income persons. A

25  project may be the investment necessary to increase access to

26  high-speed broadband capability in rural communities with

27  enterprise zones, including projects that result in

28  improvements to communications assets that are owned by a

29  business. A project may include the provision of museum

30  educational programs and materials that are directly related

31  to any project approved between January 1, 1996, and December


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 1  31, 1999, and located in an enterprise zone as referenced in

 2  s. 290.00675. This paragraph does not preclude projects that

 3  propose to construct or rehabilitate low-income or

 4  very-low-income housing on scattered sites. The Office of

 5  Tourism, Trade, and Economic Development may reserve up to 50

 6  percent of the available annual tax credits under s. 220.181

 7  for housing for very-low-income households pursuant to s.

 8  420.9071(28) for the first 6 months of the fiscal year. With

 9  respect to housing, contributions may be used to pay the

10  following eligible project-related activities:

11         1.  Project development, impact, and management fees

12  for low-income or very-low-income housing projects;

13         2.  Down payment and closing costs for eligible

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

15         3.  Administrative costs, including housing counseling

16  and marketing fees, not to exceed 10 percent of the community

17  contribution, directly related to low-income or

18  very-low-income projects; and

19         4.  Removal of liens recorded against residential

20  property by municipal, county, or special-district local

21  governments when satisfaction of the lien is a necessary

22  precedent to the transfer of the property to an eligible

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

24  purpose of promoting home ownership. Contributions for lien

25  removal must be received from a nonrelated third party.

26  

27  The provisions of this paragraph shall expire and be void on

28  June 30, 2015 2005.

29         Section 3.  Paragraph (c) of subsection (1), paragraph

30  (b) of subsection (2), and subsection (5) of section 220.183,

31  Florida Statutes, are amended to read:


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 1         220.183  Community contribution tax credit.--

 2         (1)  AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX

 3  CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM

 4  SPENDING.--

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

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

 7  212.08(5)(q), and s. 624.5105 is $12 $10 million annually.

 8         (2)  ELIGIBILITY REQUIREMENTS.--

 9         (b)1.  All community contributions must be reserved

10  exclusively for use in projects as defined in s. 220.03(1)(t).

11         2.  For the first 6 months of the fiscal year, the

12  Office of Tourism, Trade, and Economic Development shall may

13  reserve 80 up to 50 percent of the first $10 million in

14  available annual tax credits, and 70 percent of any available

15  annual tax credits in excess of $10 million, for housing for

16  donations made to eligible sponsors for projects that provide

17  home ownership opportunities for low-income or very-low-income

18  households as defined in pursuant to s. 420.9071(19) and (28)

19  for the first 6 months of the fiscal year. If any reserved

20  annual tax credits remain after the first 6 months of the

21  fiscal year, the office may approve the balance of these

22  available credits for donations made to eligible sponsors for

23  projects other than those that provide homeownership

24  opportunities for low-income or very-low-income households.

25         3.  For the first 6 months of the fiscal year, the

26  office shall reserve 20 percent of the first $10 million in

27  available annual tax credits, and 30 per cent of any available

28  annual tax credits in excess of $10 million, for donations

29  made to eligible sponsors for projects other than those that

30  provide homeownership opportunities for low-income or

31  very-low-income households as defined in s. 420.9071(19) and


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 1  (28). If any reserved annual tax credits remain after the

 2  first 6 months of the fiscal year, the office may approve the

 3  balance of these available credits for donations made to

 4  eligible sponsors for projects that provide homeownership

 5  opportunities for low-income or very-low-income households.

 6         4.  If, during the first 10 business days of the state

 7  fiscal year, eligible tax credit applications are received for

 8  less than the available annual tax credits reserved under

 9  subparagraph 2., the office shall grant tax credits for those

10  applications and shall grant remaining tax credits on a

11  first-come, first-served basis for any subsequent eligible

12  applications received before the end of the first 6 months of

13  the state fiscal year. If, during the first 10 business days

14  of the state fiscal year, eligible tax credit applications are

15  received for more than the available annual tax credits

16  reserved under subparagraph 2., the office shall grant the tax

17  credits for such applications as follows:

18         a.  If tax credit applications submitted for approved

19  projects of an eligible sponsor do not exceed $200,000 in

20  total, the credit shall be granted in full if the tax credit

21  applications are approved, subject to the provisions of

22  subparagraph 2.

23         b.  If tax credit applications submitted for approved

24  projects of an eligible sponsor exceed $200,000 in total, the

25  amount of tax credits granted under sub-subparagraph a. shall

26  be subtracted from the amount of available tax credits under

27  subparagraph 2., and the remaining credits shall be granted to

28  each approved tax credit application on a pro rata basis.

29         c.  If, after the first 6 months of the fiscal year,

30  additional credits become available pursuant to subparagraph

31  3., the office shall grant the tax credits by first granting


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 1  to those who received a pro rata reduction up to the full

 2  amount of their request and, if there are remaining credits,

 3  granting credits to those who applied on or after the 11th

 4  business day of the state fiscal year on a first-come,

 5  first-served basis.

 6         5.  If, during the first 10 business days of the state

 7  fiscal year, eligible tax credit applications are received for

 8  less than the available annual tax credits reserved under

 9  subparagraph 3., the office shall grant tax credits for those

10  applications and shall grant remaining tax credits on a

11  first-come, first-served basis for any subsequent eligible

12  applications received before the end of the first 6 months of

13  the state fiscal year. If, during the first 10 business days

14  of the state fiscal year, eligible tax credit applications are

15  received for more than the available annual tax credits

16  reserved under subparagraph 3., the office shall grant the tax

17  credits for such applications on a pro rata basis. If, after

18  the first 6 months of the fiscal year, additional credits

19  become available under subparagraph 2., the office shall grant

20  the tax credits by first granting to those who received a pro

21  rata reduction up to the full amount of their request and, if

22  there are remaining credits, granting credits to those who

23  applied on or after the 11th business day of the state fiscal

24  year on a first-come, first-served basis.

25         (5)  EXPIRATION.--The provisions of this section,

26  except paragraph (1)(e), shall expire and be void on June 30,

27  2015 2005.

28         Section 4.  Paragraph (c) of subsection (1) and

29  subsection (6) of section 624.5105, Florida Statutes, are

30  amended, paragraph (f) is added to subsection (1), and

31  


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 1  paragraph (e) is added to subsection (2) of that section, to

 2  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 and ss.

 9  212.08(5)(q) and s. 220.183 is $12 $10 million annually.

10         (f)  An insurer that claims a credit against

11  premium-tax liability earned by making a community

12  contribution under this section need not pay any additional

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

14  claiming such a credit. Section 624.5091 does not limit such a

15  credit in any manner.

16         (2)  ELIGIBILITY REQUIREMENTS.--

17         (e)1.  For the first 6 months of the fiscal year, the

18  Office of Tourism, Trade, and Economic Development shall

19  reserve 80 percent of the first $10 million in available

20  annual tax credits, and 70 percent of any available annual tax

21  credits in excess of $10 million, for donations made to

22  eligible sponsors for projects that provide homeownership

23  opportunities for low-income or very-low-income households as

24  defined in s. 420.9071(19) and (28). If any such reserved

25  annual tax credits remain after the first 6 months of the

26  fiscal year, the office may approve the balance of these

27  available credits for donations made to eligible sponsors for

28  projects other than those that provide homeownership

29  opportunities for low-income or very-low-income households.

30         2.  For the first 6 months of the fiscal year, the

31  office shall reserve 20 percent of the first $10 million in


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 1  available annual tax credits, and 30 percent of any available

 2  annual tax credits in excess of $10 million, for donations

 3  made to eligible sponsors for projects other than those that

 4  provide homeownership opportunities for low-income or

 5  very-low-income households as defined in s. 420.9071(19) and

 6  (28). If any reserved annual tax credits remain after the

 7  first 6 months of the fiscal year, the office may approve the

 8  balance of these available credits for donations made to

 9  eligible sponsors for projects that provide homeownership

10  opportunities for low-income or very-low-income households.

11         3.  If, during the first 10 business days of the state

12  fiscal year, eligible tax credit applications are received for

13  less than the available annual tax credits reserved under

14  subparagraph 1., the office shall grant tax credits for those

15  applications and shall grant remaining tax credits on a

16  first-come, first-served basis for any subsequent eligible

17  applications received before the end of the first 6 months of

18  the state fiscal year.  If, during the first 10 business days

19  of the state fiscal year, eligible tax credit applications are

20  received for more than the available annual tax credits

21  reserved under subparagraph 1., the office shall grant the tax

22  credits for the applications as follows:

23         a.  If tax credit applications submitted for approved

24  projects of an eligible sponsor do not exceed $200,000 in

25  total, the credits shall be granted in full if the tax credit

26  applications are approved, subject to subparagraph 1.

27         b.  If tax credit applications submitted for approved

28  projects of an eligible sponsor exceed $200,000 in total, the

29  amount of tax credits granted under sub-subparagraph a. shall

30  be subtracted from the amount of available tax credits under

31  


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 1  subparagraph 1., and the remaining credits shall be granted to

 2  each approved tax credit application on a pro rata basis.

 3         c.  If, after the first 6 months of the fiscal year,

 4  additional credits become available under subparagraph 2., the

 5  office shall grant the tax credits by first granting to those

 6  who received a pro-rata reduction up to the full amount of

 7  their request and, if there are remaining credits, granting

 8  credits to those who applied on or after the 11th business day

 9  of the state fiscal year on a first-come, first-served basis.

10         4.  If, during the first 10 business days of the state

11  fiscal year, eligible tax credit applications are received for

12  less than the available annual tax credits reserved under

13  subparagraph 2., the office shall grant tax credits for those

14  applications and shall grant remaining tax credits on a

15  first-come, first-served basis for any subsequent eligible

16  applications received before the end of the first 6 months of

17  the state fiscal year. If, during the first 10 business days

18  of the state fiscal year, eligible tax credit applications are

19  received for more than the available annual tax credits

20  reserved under subparagraph 2., the office shall grant the tax

21  credits for the applications on a pro rata basis. If, after

22  the first 6 months of the fiscal year, additional credits

23  become available under subparagraph 1., the office shall grant

24  the tax credits by first granting to those who received a pro

25  rata reduction up to the full amount of their request and, if

26  there are remaining credits, granting credits to those who

27  applied on or after the 11th business day of the state fiscal

28  year on a first-come, first-served basis.

29         (6)  EXPIRATION.--The provisions of this section,

30  except paragraph (1)(e), shall expire and be void on June 30,

31  2015 2005.


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 1         Section 5.  Paragraph (h) of subsection (1) of section

 2  220.191, Florida Statutes, is amended to read:

 3         220.191  Capital investment tax credit.--

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

 5         (h)  "Qualifying project" means:

 6         1.  A new or expanding facility in this state which

 7  creates at least 100 new jobs in this state and is in one of

 8  the high-impact sectors identified by Enterprise Florida,

 9  Inc., and certified by the office pursuant to s. 288.108(6),

10  including, but not limited to, aviation, aerospace,

11  automotive, and silicon technology industries; or

12         2.  A new or expanded facility in this state which is

13  engaged in a target industry designated pursuant to the

14  procedure specified in s. 288.106(1)(o) and which is induced

15  by this credit to create or retain at least 1,000 jobs in this

16  state, provided that at least 100 of those jobs are new, pay

17  an annual average wage of at least 130 percent of the average

18  private sector wage in the area as defined in s. 288.106(1),

19  and make a cumulative capital investment of at least $100

20  million after July 1, 2005. Jobs may be considered retained

21  only if there is significant evidence that the loss of jobs is

22  imminent. Notwithstanding subsection (2), annual credits

23  against the tax imposed by this chapter shall not exceed 50

24  percent of the increased annual corporate income tax liability

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

26  project qualifying under this subparagraph. A facility that

27  qualifies under this subparagraph for an annual credit against

28  the tax imposed by this chapter may take the tax credit for a

29  period not to exceed 5 years. A new financial services

30  facility in this state, which creates at least 2,000 new jobs

31  in this state, pays an average annual wage of at least


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 1  $50,000, and makes a cumulative capital investment of at least

 2  $30 million. This subparagraph is repealed June 30, 2004.

 3         Section 6.  This act shall take effect July 1, 2005.

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