1 | A bill to be entitled |
2 | An act relating to the redevelopment of brownfields; |
3 | amending ss. 199.1055, 220.1845, and 376.30781, F.S.; |
4 | increasing the amount and percentage of the credit that |
5 | may be applied against the intangible personal property |
6 | tax and the corporate income tax for the cost of voluntary |
7 | cleanup of a contaminated site; increasing the amount that |
8 | may be received by the taxpayer as an incentive to |
9 | complete the cleanup in the final year; increasing the |
10 | total amount of credits that may be granted in any year; |
11 | providing tax credits for voluntary cleanup activities |
12 | related to solid waste disposal facilities; providing |
13 | criteria for eligible sites and activities; directing the |
14 | Department of Environmental Protection to apply certain |
15 | criteria, requirements, and limitations for implementation |
16 | of such provisions; providing certain exceptions; amending |
17 | s. 288.9015, F.S.; requiring Enterprise Florida, Inc., to |
18 | aggressively market brownfields; amending s. 376.86, F.S.; |
19 | increasing the percentage of loans for redevelopment |
20 | projects in brownfield areas to which the state loan |
21 | guarantee applies under the Brownfield Areas Loan |
22 | Guarantee Program; repealing s. 376.87, F.S., relating to |
23 | the Brownfield Property Ownership Clearance Assistance; |
24 | repealing s. 376.875, F.S., relating to the Brownfield |
25 | Property Ownership Clearance Assistance Revolving Loan |
26 | Trust Fund; amending s. 14.2015, F.S.; deleting a |
27 | reference to the trust fund to conform; providing an |
28 | effective date. |
29 |
|
30 | Be It Enacted by the Legislature of the State of Florida: |
31 |
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32 | Section 1. Subsection (1) of section 199.1055, Florida |
33 | Statutes, is amended to read: |
34 | 199.1055 Contaminated site rehabilitation tax credit.-- |
35 | (1) AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.-- |
36 | (a) A credit in the amount of 50 35 percent of the costs |
37 | of voluntary cleanup activity that is integral to site |
38 | rehabilitation at the following sites is available against any |
39 | tax due for a taxable year under s. 199.032, less any credit |
40 | allowed by former s. 220.68 for that year: |
41 | 1. A drycleaning-solvent-contaminated site eligible for |
42 | state-funded site rehabilitation under s. 376.3078(3); |
43 | 2. A drycleaning-solvent-contaminated site at which |
44 | cleanup is undertaken by the real property owner pursuant to s. |
45 | 376.3078(11), if the real property owner is not also, and has |
46 | never been, the owner or operator of the drycleaning facility |
47 | where the contamination exists; or |
48 | 3. A brownfield site in a designated brownfield area under |
49 | s. 376.80. |
50 | (b) A tax credit applicant, or multiple tax credit |
51 | applicants working jointly to clean up a single site, may not be |
52 | granted more than $500,000 $250,000 per year in tax credits for |
53 | each site voluntarily rehabilitated. Multiple tax credit |
54 | applicants shall be granted tax credits in the same proportion |
55 | as their contribution to payment of cleanup costs. Subject to |
56 | the same conditions and limitations as provided in this section, |
57 | a municipality, county, or other tax credit applicant which |
58 | voluntarily rehabilitates a site may receive not more than |
59 | $500,000 $250,000 per year in tax credits which it can |
60 | subsequently transfer subject to the provisions in paragraph |
61 | (g). |
62 | (c) If the credit granted under this section is not fully |
63 | used in any one year because of insufficient tax liability on |
64 | the part of the tax credit applicant, the unused amount may be |
65 | carried forward for a period not to exceed 5 years. Five years |
66 | after the date a credit is granted under this section, such |
67 | credit expires and may not be used. However, if during the 5- |
68 | year period the credit is transferred, in whole or in part, |
69 | pursuant to paragraph (g), each transferee has 5 years after the |
70 | date of transfer to use its credit. |
71 | (d) A taxpayer that receives a credit under s. 220.1845 is |
72 | ineligible to receive credit under this section in a given tax |
73 | year. |
74 | (e) A tax credit applicant that receives state-funded site |
75 | rehabilitation pursuant to s. 376.3078(3) for rehabilitation of |
76 | a drycleaning-solvent-contaminated site is ineligible to receive |
77 | credit under this section for costs incurred by the tax credit |
78 | applicant in conjunction with the rehabilitation of that site |
79 | during the same time period that state-administered site |
80 | rehabilitation was underway. |
81 | (f) The total amount of the tax credits which may be |
82 | granted under this section and s. 220.1845 is $5 $2 million |
83 | annually. |
84 | (g)1. Tax credits that may be available under this section |
85 | to an entity eligible under s. 376.30781 may be transferred |
86 | after a merger or acquisition to the surviving or acquiring |
87 | entity and used in the same manner with the same limitations. |
88 | 2. The entity or its surviving or acquiring entity as |
89 | described in subparagraph 1., may transfer any unused credit in |
90 | whole or in units of no less than 25 percent of the remaining |
91 | credit. The entity acquiring such credit may use it in the same |
92 | manner and with the same limitation as described in this |
93 | section. Such transferred credits may not be transferred again |
94 | although they may succeed to a surviving or acquiring entity |
95 | subject to the same conditions and limitations as described in |
96 | this section. |
97 | 3. In the event the credit provided for under this section |
98 | is reduced either as a result of a determination by the |
99 | Department of Environmental Protection or an examination or |
100 | audit by the Department of Revenue, such tax deficiency shall be |
101 | recovered from the first entity, or the surviving or acquiring |
102 | entity, to have claimed such credit up to the amount of credit |
103 | taken. Any subsequent deficiencies shall be assessed against any |
104 | entity acquiring and claiming such credit, or in the case of |
105 | multiple succeeding entities in the order of credit succession. |
106 | (h) In order to encourage completion of site |
107 | rehabilitation at contaminated sites being voluntarily cleaned |
108 | up and eligible for a tax credit under this section, the tax |
109 | credit applicant may claim an additional 25 10 percent of the |
110 | total cleanup costs, not to exceed $500,000 $50,000, in the |
111 | final year of cleanup as evidenced by the Department of |
112 | Environmental Protection issuing a "No Further Action" order for |
113 | that site. |
114 | Section 2. Subsection (1) of section 220.1845, Florida |
115 | Statutes, is amended to read: |
116 | 220.1845 Contaminated site rehabilitation tax credit.-- |
117 | (1) AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.-- |
118 | (a) A credit in the amount of 50 35 percent of the costs |
119 | of voluntary cleanup activity that is integral to site |
120 | rehabilitation at the following sites is available against any |
121 | tax due for a taxable year under this chapter: |
122 | 1. A drycleaning-solvent-contaminated site eligible for |
123 | state-funded site rehabilitation under s. 376.3078(3); |
124 | 2. A drycleaning-solvent-contaminated site at which |
125 | cleanup is undertaken by the real property owner pursuant to s. |
126 | 376.3078(11), if the real property owner is not also, and has |
127 | never been, the owner or operator of the drycleaning facility |
128 | where the contamination exists; or |
129 | 3. A brownfield site in a designated brownfield area under |
130 | s. 376.80. |
131 | (b) A tax credit applicant, or multiple tax credit |
132 | applicants working jointly to clean up a single site, may not be |
133 | granted more than $500,000 $250,000 per year in tax credits for |
134 | each site voluntarily rehabilitated. Multiple tax credit |
135 | applicants shall be granted tax credits in the same proportion |
136 | as their contribution to payment of cleanup costs. Subject to |
137 | the same conditions and limitations as provided in this section, |
138 | a municipality, county, or other tax credit applicant which |
139 | voluntarily rehabilitates a site may receive not more than |
140 | $500,000 $250,000 per year in tax credits which it can |
141 | subsequently transfer subject to the provisions in paragraph |
142 | (h). |
143 | (c) If the credit granted under this section is not fully |
144 | used in any one year because of insufficient tax liability on |
145 | the part of the corporation, the unused amount may be carried |
146 | forward for a period not to exceed 5 years. The carryover credit |
147 | may be used in a subsequent year when the tax imposed by this |
148 | chapter for that year exceeds the credit for which the |
149 | corporation is eligible in that year under this section after |
150 | applying the other credits and unused carryovers in the order |
151 | provided by s. 220.02(8). Five years after the date a credit is |
152 | granted under this section, such credit expires and may not be |
153 | used. However, if during the 5-year period the credit is |
154 | transferred, in whole or in part, pursuant to paragraph (h), |
155 | each transferee has 5 years after the date of transfer to use |
156 | its credit. |
157 | (d) A taxpayer that files a consolidated return in this |
158 | state as a member of an affiliated group under s. 220.131(1) may |
159 | be allowed the credit on a consolidated return basis up to the |
160 | amount of tax imposed upon the consolidated group. |
161 | (e) A taxpayer that receives credit under s. 199.1055 is |
162 | ineligible to receive credit under this section in a given tax |
163 | year. |
164 | (f) A tax credit applicant that receives state-funded site |
165 | rehabilitation under s. 376.3078(3) for rehabilitation of a |
166 | drycleaning-solvent-contaminated site is ineligible to receive |
167 | credit under this section for costs incurred by the tax credit |
168 | applicant in conjunction with the rehabilitation of that site |
169 | during the same time period that state-administered site |
170 | rehabilitation was underway. |
171 | (g) The total amount of the tax credits which may be |
172 | granted under this section and s. 199.1055 is $5 $2 million |
173 | annually. |
174 | (h)1. Tax credits that may be available under this section |
175 | to an entity eligible under s. 376.30781 may be transferred |
176 | after a merger or acquisition to the surviving or acquiring |
177 | entity and used in the same manner and with the same |
178 | limitations. |
179 | 2. The entity or its surviving or acquiring entity as |
180 | described in subparagraph 1., may transfer any unused credit in |
181 | whole or in units of no less than 25 percent of the remaining |
182 | credit. The entity acquiring such credit may use it in the same |
183 | manner and with the same limitation as described in this |
184 | section. Such transferred credits may not be transferred again |
185 | although they may succeed to a surviving or acquiring entity |
186 | subject to the same conditions and limitations as described in |
187 | this section. |
188 | 3. In the event the credit provided for under this section |
189 | is reduced either as a result of a determination by the |
190 | Department of Environmental Protection or an examination or |
191 | audit by the Department of Revenue, such tax deficiency shall be |
192 | recovered from the first entity, or the surviving or acquiring |
193 | entity, to have claimed such credit up to the amount of credit |
194 | taken. Any subsequent deficiencies shall be assessed against any |
195 | entity acquiring and claiming such credit, or in the case of |
196 | multiple succeeding entities in the order of credit succession. |
197 | (i) In order to encourage completion of site |
198 | rehabilitation at contaminated sites being voluntarily cleaned |
199 | up and eligible for a tax credit under this section, the tax |
200 | credit applicant may claim an additional 25 10 percent of the |
201 | total cleanup costs, not to exceed $500,000 $50,000, in the |
202 | final year of cleanup as evidenced by the Department of |
203 | Environmental Protection issuing a "No Further Action" order for |
204 | that site. |
205 | Section 3. Section 376.30781, Florida Statutes, is amended |
206 | to read: |
207 | 376.30781 Partial tax credits for rehabilitation of |
208 | drycleaning-solvent-contaminated sites and brownfield sites in |
209 | designated brownfield areas; application process; rulemaking |
210 | authority; revocation authority.-- |
211 | (1) The Legislature finds that: |
212 | (a) To facilitate property transactions and economic |
213 | growth and development, it is in the interest of the state to |
214 | encourage the cleanup, at the earliest possible time, of |
215 | drycleaning-solvent-contaminated sites and brownfield sites in |
216 | designated brownfield areas. |
217 | (b) It is the intent of the Legislature to encourage the |
218 | voluntary cleanup of drycleaning-solvent-contaminated sites and |
219 | brownfield sites in designated brownfield areas by providing a |
220 | partial tax credit for the restoration of such property in |
221 | specified circumstances. |
222 | (2)(a) A credit in the amount of 50 35 percent of the |
223 | costs of voluntary cleanup activity that is integral to site |
224 | rehabilitation at the following sites is allowed pursuant to ss. |
225 | 199.1055 and 220.1845: |
226 | 1. A drycleaning-solvent-contaminated site eligible for |
227 | state-funded site rehabilitation under s. 376.3078(3); |
228 | 2. A drycleaning-solvent-contaminated site at which |
229 | cleanup is undertaken by the real property owner pursuant to s. |
230 | 376.3078(11), if the real property owner is not also, and has |
231 | never been, the owner or operator of the drycleaning facility |
232 | where the contamination exists; or |
233 | 3. A brownfield site in a designated brownfield area under |
234 | s. 376.80. |
235 | (b) A tax credit applicant, or multiple tax credit |
236 | applicants working jointly to clean up a single site, may not be |
237 | granted more than $500,000 $250,000 per year in tax credits for |
238 | each site voluntarily rehabilitated. Multiple tax credit |
239 | applicants shall be granted tax credits in the same proportion |
240 | as their contribution to payment of cleanup costs. Tax credits |
241 | are available only for site rehabilitation conducted during the |
242 | calendar year for which the tax credit application is submitted. |
243 | (c) In order to encourage completion of site |
244 | rehabilitation at contaminated sites that are being voluntarily |
245 | cleaned up and that are eligible for a tax credit under this |
246 | section, the tax credit applicant may claim an additional 25 10 |
247 | percent of the total cleanup costs, not to exceed $500,000 |
248 | $50,000, in the final year of cleanup as evidenced by the |
249 | Department of Environmental Protection issuing a "No Further |
250 | Action" order for that site. |
251 | (3) The Department of Environmental Protection shall be |
252 | responsible for allocating the tax credits provided for in ss. |
253 | 199.1055 and 220.1845, not to exceed a total of $5 $2 million in |
254 | tax credits annually. |
255 | (4) To claim the credit for site rehabilitation conducted |
256 | during the current calendar year, each tax credit applicant must |
257 | apply to the Department of Environmental Protection for an |
258 | allocation of the $5 $2 million annual credit by January 15 of |
259 | the following year on a form developed by the Department of |
260 | Environmental Protection in cooperation with the Department of |
261 | Revenue. The form shall include an affidavit from each tax |
262 | credit applicant certifying that all information contained in |
263 | the application, including all records of costs incurred and |
264 | claimed in the tax credit application, are true and correct. If |
265 | the application is submitted pursuant to subparagraph (2)(a)2., |
266 | the form must include an affidavit signed by the real property |
267 | owner stating that it is not, and has never been, the owner or |
268 | operator of the drycleaning facility where the contamination |
269 | exists. Approval of partial tax credits must be accomplished on |
270 | a first-come, first-served basis based upon the date complete |
271 | applications are received by the Division of Waste Management. A |
272 | tax credit applicant shall submit only one complete application |
273 | per site for each calendar year's site rehabilitation costs. |
274 | Incomplete placeholder applications shall not be accepted and |
275 | will not secure a place in the first-come, first-served |
276 | application line. To be eligible for a tax credit, the tax |
277 | credit applicant must: |
278 | (a) Have entered into a voluntary cleanup agreement with |
279 | the Department of Environmental Protection for a drycleaning- |
280 | solvent-contaminated site or a Brownfield Site Rehabilitation |
281 | Agreement, as applicable; and |
282 | (b) Have paid all deductibles pursuant to s. |
283 | 376.3078(3)(e) for eligible drycleaning-solvent-cleanup program |
284 | sites. |
285 | (5) To obtain the tax credit certificate, a tax credit |
286 | applicant must annually file an application for certification, |
287 | which must be received by the Division of Waste Management of |
288 | the Department of Environmental Protection by January 15 of the |
289 | year following the calendar year for which site rehabilitation |
290 | costs are being claimed in a tax credit application. The tax |
291 | credit applicant must provide all pertinent information |
292 | requested on the tax credit application form, including, at a |
293 | minimum, the name and address of the tax credit applicant and |
294 | the address and tracking identification number of the eligible |
295 | site. Along with the tax credit application form, the tax credit |
296 | applicant must submit the following: |
297 | (a) A nonrefundable review fee of $250 made payable to the |
298 | Water Quality Assurance Trust Fund to cover the administrative |
299 | costs associated with the department's review of the tax credit |
300 | application; |
301 | (b) Copies of contracts and documentation of contract |
302 | negotiations, accounts, invoices, sales tickets, or other |
303 | payment records from purchases, sales, leases, or other |
304 | transactions involving actual costs incurred for that tax year |
305 | related to site rehabilitation, as that term is defined in ss. |
306 | 376.301 and 376.79; |
307 | (c) Proof that the documentation submitted pursuant to |
308 | paragraph (b) has been reviewed and verified by an independent |
309 | certified public accountant in accordance with standards |
310 | established by the American Institute of Certified Public |
311 | Accountants. Specifically, the certified public accountant must |
312 | attest to the accuracy and validity of the costs incurred and |
313 | paid by conducting an independent review of the data presented |
314 | by the tax credit applicant. Accuracy and validity of costs |
315 | incurred and paid would be determined once the level of effort |
316 | was certified by an appropriate professional registered in this |
317 | state in each contributing technical discipline. The certified |
318 | public accountant's report would also attest that the costs |
319 | included in the application form are not duplicated within the |
320 | application. A copy of the accountant's report shall be |
321 | submitted to the Department of Environmental Protection with the |
322 | tax credit application; and |
323 | (d) A certification form stating that site rehabilitation |
324 | activities associated with the documentation submitted pursuant |
325 | to paragraph (b) have been conducted under the observation of, |
326 | and related technical documents have been signed and sealed by, |
327 | an appropriate professional registered in this state in each |
328 | contributing technical discipline. The certification form shall |
329 | be signed and sealed by the appropriate registered professionals |
330 | stating that the costs incurred were integral, necessary, and |
331 | required for site rehabilitation, as that term is defined in ss. |
332 | 376.301 and 376.79. |
333 | (6) The certified public accountant and appropriate |
334 | registered professionals submitting forms as part of a tax |
335 | credit application must verify such forms. Verification must be |
336 | accomplished as provided in s. 92.525(1)(b) and subject to the |
337 | provisions of s. 92.525(3). |
338 | (7) The Department of Environmental Protection shall |
339 | review the tax credit application and any supplemental |
340 | documentation that the tax credit applicant may submit prior to |
341 | the annual application deadline in order to have the application |
342 | considered complete, for the purpose of verifying that the tax |
343 | credit applicant has met the qualifying criteria in subsections |
344 | (2) and (4) and has submitted all required documentation listed |
345 | in subsection (5). Upon verification that the tax credit |
346 | applicant has met these requirements, the department shall issue |
347 | a written decision granting eligibility for partial tax credits |
348 | (a tax credit certificate) in the amount of 50 35 percent of the |
349 | total costs claimed, subject to the $500,000 $250,000 |
350 | limitation, for the calendar year for which the tax credit |
351 | application is submitted based on the report of the certified |
352 | public accountant and the certifications from the appropriate |
353 | registered technical professionals. |
354 | (8) On or before March 1, the Department of Environmental |
355 | Protection shall inform each eligible tax credit applicant of |
356 | the amount of its partial tax credit and provide each eligible |
357 | tax credit applicant with a tax credit certificate that must be |
358 | submitted with its tax return to the Department of Revenue to |
359 | claim the tax credit or be transferred pursuant to s. |
360 | 199.1055(1)(g) or s. 220.1845(1)(h). Credits will not result in |
361 | the payment of refunds if total credits exceed the amount of tax |
362 | owed. |
363 | (9) If a tax credit applicant does not receive a tax |
364 | credit allocation due to an exhaustion of the $5 $2 million |
365 | annual tax credit authorization, such application will then be |
366 | included in the same first-come, first-served order in the next |
367 | year's annual tax credit allocation, if any, based on the prior |
368 | year application. |
369 | (10) The Department of Environmental Protection may adopt |
370 | rules to prescribe the necessary forms required to claim tax |
371 | credits under this section and to provide the administrative |
372 | guidelines and procedures required to administer this section. |
373 | (11) The Department of Environmental Protection may revoke |
374 | or modify any written decision granting eligibility for partial |
375 | tax credits under this section if it is discovered that the tax |
376 | credit applicant submitted any false statement, representation, |
377 | or certification in any application, record, report, plan, or |
378 | other document filed in an attempt to receive partial tax |
379 | credits under this section. The Department of Environmental |
380 | Protection shall immediately notify the Department of Revenue of |
381 | any revoked or modified orders affecting previously granted |
382 | partial tax credits. Additionally, the tax credit applicant must |
383 | notify the Department of Revenue of any change in its tax credit |
384 | claimed. |
385 | (12) A tax credit applicant who receives state-funded site |
386 | rehabilitation under s. 376.3078(3) for rehabilitation of a |
387 | drycleaning-solvent-contaminated site is ineligible to receive a |
388 | tax credit under s. 199.1055 or s. 220.1845 for costs incurred |
389 | by the tax credit applicant in conjunction with the |
390 | rehabilitation of that site during the same time period that |
391 | state-administered site rehabilitation was underway. |
392 | (13) At eligible sites listed in paragraph (2)(a), in |
393 | addition to any tax credits that may be claimed for site |
394 | rehabilitation as defined in s. 376.301, a tax credit applicant |
395 | may also claim tax credits pursuant to the requirements of this |
396 | section for voluntary cleanup activity that addresses a solid |
397 | waste disposal facility, subject to the following criteria: |
398 | (a) For purposes of this subsection, "solid waste" and |
399 | "solid waste disposal facility" have the same meanings as |
400 | defined in s. 403.703, but shall not include sites that merely |
401 | have litter or debris scattered on the surface of the land; |
402 | (b) The solid waste disposal facility must have ceased |
403 | operation prior to 1988 and must not have been or must not |
404 | currently be subject to any department solid waste permit; |
405 | (c) Tax credits may be claimed for one or more of the |
406 | following activities: |
407 | 1. Removing all solid waste from the solid waste disposal |
408 | facility and disposing of it in a permitted solid waste |
409 | management facility; |
410 | 2. Closing the solid waste disposal facility, which may |
411 | include partial removal and disposal of solid waste in a |
412 | permitted solid waste management facility, in accordance with |
413 | the requirements of chapter 62-701, Florida Administrative Code, |
414 | including grading the facility to achieve appropriate side |
415 | slopes, installing final cover, controlling stormwater, and |
416 | providing gas management, if necessary; |
417 | 3. Performing long-term care for the solid waste disposal |
418 | facility in accordance with the requirements of chapter 62-701, |
419 | Florida Administrative Code, after the facility has been |
420 | properly closed; and |
421 | 4. Performing groundwater evaluation and assessment after |
422 | removal of all solid waste or after the solid waste disposal |
423 | facility has been properly closed; |
424 | (d) If the solid waste disposal facility is closed as |
425 | described in subparagraph (c)2., the redevelopment of the |
426 | property containing the solid waste disposal facility shall be |
427 | limited to commercial or industrial land use only and shall be |
428 | subject to appropriate engineering and institutional controls, |
429 | and tax credits shall be awarded only after a restrictive |
430 | covenant limiting future uses of the property has been reviewed |
431 | and approved by the department and properly recorded; |
432 | (e) Costs for crushing or compacting the solid waste in |
433 | place solely to make it suitable for future development shall |
434 | not be eligible for tax credits pursuant to this section; and |
435 | (f) Any activity conducted in accordance with this |
436 | subsection shall not be considered site rehabilitation. |
437 | (14) In implementing subsection (13), the department shall |
438 | use the same criteria, requirements, and limitations detailed in |
439 | subsections (1)-(12) of this section and ss. 199.1055 and |
440 | 220.1845, with the following exceptions: |
441 | (a) Where reference is made to "site rehabilitation," the |
442 | department shall consider whether the costs claimed are for |
443 | voluntary cleanup activity that addresses a solid waste disposal |
444 | facility as outlined in subsection (13); |
445 | (b) In lieu of the certification requirements of paragraph |
446 | (5)(d), a tax credit applicant seeking a tax credit pursuant to |
447 | subsection (13) shall include in the tax credit application: |
448 | 1. A certification that the applicant has determined, |
449 | after consultation with local government officials and the |
450 | department, that the solid waste disposal facility ceased |
451 | operating prior to January 1, 1974, and is not or has never been |
452 | subject to a solid waste permit; |
453 | 2. A certification signed and sealed by an appropriate |
454 | registered professional and previously approved by the |
455 | department that the solid waste disposal facility has been |
456 | properly closed pursuant to chapter 62-701, Florida |
457 | Administrative Code, or that all solid waste was removed and |
458 | properly disposed of; and |
459 | 3. A certification signed and sealed by an appropriate |
460 | registered professional that costs incurred and claimed in the |
461 | tax credit application were integral, necessary, and required to |
462 | conduct those activities listed in paragraph (13)(c), as |
463 | applicable; |
464 | (c) Tax credit applications in which costs are claimed |
465 | pursuant to subparagraphs (13)(c)1. and 2. shall not be subject |
466 | to the calendar-year limitation and January 15 annual |
467 | application deadline, but the department shall accept a one-time |
468 | application filed after the tax credit applicant has completed |
469 | all requirements listed in subsection (13) and this subsection; |
470 | (d) Notwithstanding the tax credit percentage established |
471 | in subsections (2) and (7) and ss. 199.1055 and 220.1845, the |
472 | tax credit for activities conducted pursuant to subparagraphs |
473 | (13)(c)2.-4. relating to closure of a solid waste disposal |
474 | facility shall be limited to 25 percent; |
475 | (e) The additional percentage allowed by paragraph (2)(c) |
476 | and ss. 199.1055(1)(h) and 220.1845(1)(i) is not applicable to |
477 | tax credits claimed pursuant to subsection (13); and |
478 | (f) The department shall have 60 days after the date of |
479 | receipt of any application claiming tax credits pursuant to |
480 | subsection (13) to process the application and grant or deny the |
481 | claimed tax credits. |
482 | Section 4. Subsection (2) of section 288.9015, Florida |
483 | Statutes, is amended to read: |
484 | 288.9015 Enterprise Florida, Inc.; purpose; duties.-- |
485 | (2) It shall be the responsibility of Enterprise Florida, |
486 | Inc., to aggressively market Florida's rural communities, |
487 | distressed urban communities, brownfields, and enterprise zones |
488 | as locations for potential new investment, to aggressively |
489 | assist in the retention and expansion of existing businesses in |
490 | these communities, and to aggressively assist these communities |
491 | in the identification and development of new economic |
492 | development opportunities for job creation, fully marketing |
493 | state incentive programs such as the Qualified Target Industry |
494 | Tax Refund Program under s. 288.106 and the Quick Action Closing |
495 | Fund under s. 288.1088 in economically distressed areas. |
496 | Section 5. Subsection (1) of section 376.86, Florida |
497 | Statutes, is amended to read: |
498 | 376.86 Brownfield Areas Loan Guarantee Program.-- |
499 | (1) The Brownfield Areas Loan Guarantee Council is created |
500 | to review and approve or deny by a majority vote of its |
501 | membership, the situations and circumstances for participation |
502 | in partnerships by agreements with local governments, financial |
503 | institutions, and others associated with the redevelopment of |
504 | brownfield areas pursuant to the Brownfields Redevelopment Act |
505 | for a limited state guaranty of up to 5 years of loan guarantees |
506 | or loan loss reserves issued pursuant to law. The limited state |
507 | loan guaranty applies only to 25 10 percent of the primary |
508 | lenders loans for redevelopment projects in brownfield areas. A |
509 | limited state guaranty of private loans or a loan loss reserve |
510 | is authorized for lenders licensed to operate in the state upon |
511 | a determination by the council that such an arrangement would be |
512 | in the public interest and the likelihood of the success of the |
513 | loan is great. |
514 | Section 6. Sections 376.87 and 376.875, Florida Statutes, |
515 | are repealed. |
516 | Section 7. Paragraph (f) of subsection (2) of section |
517 | 14.2015, Florida Statutes, is amended to read: |
518 | 14.2015 Office of Tourism, Trade, and Economic |
519 | Development; creation; powers and duties.-- |
520 | (2) The purpose of the Office of Tourism, Trade, and |
521 | Economic Development is to assist the Governor in working with |
522 | the Legislature, state agencies, business leaders, and economic |
523 | development professionals to formulate and implement coherent |
524 | and consistent policies and strategies designed to provide |
525 | economic opportunities for all Floridians. To accomplish such |
526 | purposes, the Office of Tourism, Trade, and Economic Development |
527 | shall: |
528 | (f)1. Administer the Florida Enterprise Zone Act under ss. |
529 | 290.001-290.016, the community contribution tax credit program |
530 | under ss. 220.183 and 624.5105, the tax refund program for |
531 | qualified target industry businesses under s. 288.106, the tax- |
532 | refund program for qualified defense contractors under s. |
533 | 288.1045, contracts for transportation projects under s. |
534 | 288.063, the sports franchise facility program under s. |
535 | 288.1162, the professional golf hall of fame facility program |
536 | under s. 288.1168, the expedited permitting process under s. |
537 | 403.973, the Rural Community Development Revolving Loan Fund |
538 | under s. 288.065, the Regional Rural Development Grants Program |
539 | under s. 288.018, the Certified Capital Company Act under s. |
540 | 288.99, the Florida State Rural Development Council, the Rural |
541 | Economic Development Initiative, and other programs that are |
542 | specifically assigned to the office by law, by the |
543 | appropriations process, or by the Governor. Notwithstanding any |
544 | other provisions of law, the office may expend interest earned |
545 | from the investment of program funds deposited in the Grants and |
546 | Donations Trust Fund and the Brownfield Property Ownership |
547 | Clearance Assistance Revolving Loan Trust Fund to contract for |
548 | the administration of the programs, or portions of the programs, |
549 | enumerated in this paragraph or assigned to the office by law, |
550 | by the appropriations process, or by the Governor. Such |
551 | expenditures shall be subject to review under chapter 216. |
552 | 2. The office may enter into contracts in connection with |
553 | the fulfillment of its duties concerning the Florida First |
554 | Business Bond Pool under chapter 159, tax incentives under |
555 | chapters 212 and 220, tax incentives under the Certified Capital |
556 | Company Act in chapter 288, foreign offices under chapter 288, |
557 | the Enterprise Zone program under chapter 290, the Seaport |
558 | Employment Training program under chapter 311, the Florida |
559 | Professional Sports Team License Plates under chapter 320, |
560 | Spaceport Florida under chapter 331, Expedited Permitting under |
561 | chapter 403, and in carrying out other functions that are |
562 | specifically assigned to the office by law, by the |
563 | appropriations process, or by the Governor. |
564 | Section 8. This act shall take effect July 1, 2006. |