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