Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 2728, 1st Eng.
                        Barcode 104670
                            CHAMBER ACTION
              Senate                               House
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       04/27/2006 03:17 PM         .                    
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11  Senator Fasano moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 2, line 18,
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16  insert:  
17         Section 1.  Section 220.101, Florida Statutes is
18  amended to read:
19         220.191  Capital investment tax credit.--
20         (1)  DEFINITIONS.--For purposes of this section:
21         (a)  "Commencement of operations" means the beginning
22  of active operations by a qualifying business of the principal
23  function for which a qualifying project was constructed.
24         (b)  "Cumulative capital investment" means the total
25  capital investment in land, buildings, and equipment made in
26  connection with a qualifying project during the period from
27  the beginning of construction of the project to the
28  commencement of operations.
29         (c)  "Eligible capital costs" means all expenses
30  incurred by a qualifying business in connection with the
31  acquisition, construction, installation, and equipping of a
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Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 2728, 1st Eng. Barcode 104670 1 qualifying project during the period from the beginning of 2 construction of the project to the commencement of operations, 3 including, but not limited to: 4 1. The costs of acquiring, constructing, installing, 5 equipping, and financing a qualifying project, including all 6 obligations incurred for labor and obligations to contractors, 7 subcontractors, builders, and materialmen. 8 2. The costs of acquiring land or rights to land and 9 any cost incidental thereto, including recording fees. 10 3. The costs of architectural and engineering 11 services, including test borings, surveys, estimates, plans 12 and specifications, preliminary investigations, environmental 13 mitigation, and supervision of construction, as well as the 14 performance of all duties required by or consequent to the 15 acquisition, construction, installation, and equipping of a 16 qualifying project. 17 4. The costs associated with the installation of 18 fixtures and equipment; surveys, including archaeological and 19 environmental surveys; site tests and inspections; subsurface 20 site work and excavation; removal of structures, roadways, and 21 other surface obstructions; filling, grading, paving, and 22 provisions for drainage, storm water retention, and 23 installation of utilities, including water, sewer, sewage 24 treatment, gas, electricity, communications, and similar 25 facilities; and offsite construction of utility extensions to 26 the boundaries of the property. 27 28 Eligible capital costs shall not include the cost of any 29 property previously owned or leased by the qualifying 30 business. 31 (d) "Income generated by or arising out of the 2 1:50 PM 04/27/06 s2728.11cm.0ab
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 2728, 1st Eng. Barcode 104670 1 qualifying project" means the qualifying project's annual 2 taxable income as determined by generally accepted accounting 3 principles and under s. 220.13. 4 (e) "Jobs" means full-time equivalent positions, as 5 that term is consistent with terms used by the Agency for 6 Workforce Innovation and the United States Department of Labor 7 for purposes of unemployment tax administration and employment 8 estimation, resulting directly from a project in this state. 9 The term does not include temporary construction jobs involved 10 in the construction of the project facility. 11 (f) "Office" means the Office of Tourism, Trade, and 12 Economic Development. 13 (g) "Qualifying business" means a business which 14 establishes a qualifying project in this state and which is 15 certified by the office to receive tax credits pursuant to 16 this section. 17 (h) "Qualifying project" means: 18 1. A new or expanding facility in this state which 19 creates at least 100 new jobs in this state and is in one of 20 the high-impact sectors identified by Enterprise Florida, 21 Inc., and certified by the office pursuant to s. 288.108(6), 22 including, but not limited to, aviation, aerospace, 23 automotive, and silicon technology industries; or 24 2. A new or expanded facility in this state which is 25 engaged in a target industry designated pursuant to the 26 procedure specified in s. 288.106(1)(o) and which is induced 27 by this credit to create or retain at least 1,000 jobs in this 28 state, provided that at least 100 of those jobs are new, pay 29 an annual average wage of at least 130 percent of the average 30 private sector wage in the area as defined in s. 288.106(1), 31 and make a cumulative capital investment of at least $100 3 1:50 PM 04/27/06 s2728.11cm.0ab
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 2728, 1st Eng. Barcode 104670 1 million after July 1, 2005. Jobs may be considered retained 2 only if there is significant evidence that the loss of jobs is 3 imminent. Notwithstanding subsection (2), annual credits 4 against the tax imposed by this chapter shall not exceed 50 5 percent of the increased annual corporate income tax liability 6 or the premium tax liability generated by or arising out of a 7 project qualifying under this subparagraph. A facility that 8 qualifies under this subparagraph for an annual credit against 9 the tax imposed by this chapter may take the tax credit for a 10 period not to exceed 5 years. 11 3. A new or expanded headquarters facility in this 12 state which locates in an enterprise zone and brownfield area 13 and is induced by this credit to create at least 1,500 jobs 14 which on average pay at least 200 percent of the statewide 15 average annual wage and makes a cumulative capital investment 16 in Florida of at least $250 million. 17 (2) An annual credit against the tax imposed by this 18 chapter shall be granted to any qualifying business in an 19 amount equal to 5 percent of the eligible capital costs 20 generated by a qualifying project, for a period not to exceed 21 20 years beginning with the commencement of operations of the 22 project. The tax credit shall be granted against only the 23 corporate income tax liability or the premium tax liability 24 generated by or arising out of the qualifying project, and the 25 sum of all tax credits provided pursuant to this section shall 26 not exceed 100 percent of the eligible capital costs of the 27 project. In no event may any credit granted under this section 28 be carried forward or backward by any qualifying business with 29 respect to a subsequent or prior year. The annual tax credit 30 granted under this section shall not exceed the following 31 percentages of the annual corporate income tax liability or 4 1:50 PM 04/27/06 s2728.11cm.0ab
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 2728, 1st Eng. Barcode 104670 1 the premium tax liability generated by or arising out of a 2 qualifying project: 3 (a) One hundred percent for a qualifying project which 4 results in a cumulative capital investment of at least $100 5 million. 6 (b) Seventy-five percent for a qualifying project 7 which results in a cumulative capital investment of at least 8 $50 million but less than $100 million. 9 (c) Fifty percent for a qualifying project which 10 results in a cumulative capital investment of at least $25 11 million but less than $50 million. 12 13 A qualifying project which results in a cumulative capital 14 investment of less than $25 million is not eligible for the 15 capital investment tax credit. An insurance company claiming a 16 credit against premium tax liability under this program shall 17 not be required to pay any additional retaliatory tax levied 18 pursuant to s. 624.5091 as a result of claiming such credit. 19 Because credits under this section are available to an 20 insurance company, s. 624.5091 does not limit such credit in 21 any manner. 22 (3)(a) Notwithstanding subsection (2), an annual 23 credit against the tax imposed by this chapter shall be 24 granted to a qualifying business which establishes a 25 qualifying project pursuant to sub-paragraph (1)(h)3., in an 26 amount equal to the lesser of $15 million or 5 percent of the 27 eligible capital costs made in connection with a qualifying 28 project, for a period not to exceed 20 years beginning with 29 the commencement of operations of the project. The tax credit 30 shall be granted against the corporate income tax liability of 31 the qualifying business and as further provided in paragraph 5 1:50 PM 04/27/06 s2728.11cm.0ab
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 2728, 1st Eng. Barcode 104670 1 (3)(c). The total tax credit provided pursuant to this 2 subsection shall be equal to no more than 100 percent of the 3 eligible capital costs of the qualifying project. 4 (b) If the credit granted under this subsection is not 5 fully used in any one year because of insufficient tax 6 liability on the part of the qualifying business, the unused 7 amount may be carried forward for a period not to exceed 20 8 years from the commencement of operations of the project. The 9 carryover credit may be used in a subsequent year when the tax 10 imposed by this chapter for that year exceeds the credit for 11 which the qualifying business is eligible in that year under 12 this subsection after applying the other credits and unused 13 carryovers in the order provided by s. 220.02(8). 14 (c) The credit granted under this subsection may be 15 utilized in whole or part by the qualifying business or any 16 corporation that is either a member of that qualifying 17 business' affiliated group of corporations, is a related 18 entity taxable as a cooperative under Subchapter T of the 19 Internal Revenue Code or, if the qualifying business is an 20 entity taxable as a cooperative under Subchapter T of the 21 Internal Revenue Code, is related to the qualifying business. 22 Any entity related to the qualifying business may continue to 23 file as a member of a Florida-nexus consolidated group 24 pursuant to a prior election made under s. 220.131(1), F.S. 25 (1985) even if the parent of the group changes due to a direct 26 or indirect acquisition of the former common parent of the 27 group. Any credit can be used by any of the aforementioned 28 affiliated companies or related entities to the same extent as 29 it could have been used by the qualifying business. However, 30 any such utilization shall not operate to increase the amount 31 of the credit or extend the period within which the credit 6 1:50 PM 04/27/06 s2728.11cm.0ab
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 2728, 1st Eng. Barcode 104670 1 must be utilized. 2 (4)(3) Prior to receiving tax credits pursuant to this 3 section, a qualifying business must achieve and maintain the 4 minimum employment goals beginning with the commencement of 5 operations at a qualifying project and continuing each year 6 thereafter during which tax credits are available pursuant to 7 this section. 8 (5)(4) The office, upon a recommendation by Enterprise 9 Florida, Inc., shall first certify a business as eligible to 10 receive tax credits pursuant to this section prior to the 11 commencement of operations of a qualifying project, and such 12 certification shall be transmitted to the Department of 13 Revenue. Upon receipt of the certification, the Department of 14 Revenue shall enter into a written agreement with the 15 qualifying business specifying, at a minimum, the method by 16 which income generated by or arising out of the qualifying 17 project will be determined. 18 (6)(5) The office, in consultation with Enterprise 19 Florida, Inc., is authorized to develop the necessary 20 guidelines and application materials for the certification 21 process described in subsection (4). 22 (7)(6) It shall be the responsibility of the 23 qualifying business to affirmatively demonstrate to the 24 satisfaction of the Department of Revenue that such business 25 meets the job creation and capital investment requirements of 26 this section. 27 (8)(7) The Department of Revenue may specify by rule 28 the methods by which a project's pro forma annual taxable 29 income is determined. 30 31 7 1:50 PM 04/27/06 s2728.11cm.0ab
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 2728, 1st Eng. Barcode 104670 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 1, line 3, after the first semicolon 4 5 insert: 6 amending s. 220.191, F.S.; expanding the 7 definition of qualified project for the Capital 8 Investment Tax Credit; providing alternative 9 credit eligibility criteria; 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8 1:50 PM 04/27/06 s2728.11cm.0ab