Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. SB 2788
264872
Senate
Comm: RCS
4/2/2008
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House
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The Committee on Finance and Tax (Haridopolos) recommended the
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following amendment:
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Senate Amendment (with title amendment)
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Between line(s) 859 and 860,
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insert:
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Section 17. Paragraph (j) is added to subsection (3) of
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section 220.193, Florida Statutes, to read:
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220.193 Florida renewable energy production credit.--
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(3) An annual credit against the tax imposed by this
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section shall be allowed to a taxpayer, based on the taxpayer's
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production and sale of electricity from a new or expanded Florida
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renewable energy facility. For a new facility, the credit shall
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be based on the taxpayer's sale of the facility's entire
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electrical production. For an expanded facility, the credit shall
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be based on the increases in the facility's electrical production
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that are achieved after May 1, 2006.
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(j) The credit shall be allowed to a corporation that owns
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a partnership or limited liability company that has elected to be
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treated as a partnership for federal income tax purposes when the
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partnership or limited liability company produces and sells
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electricity from a new or expanded renewable energy facility. If
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the partnership or limited liability company that produces or
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sells the electricity is owned by more than one corporation, the
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value of the credit shall be prorated among the owners in the
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same manner as items of income and expense are prorated for
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federal income tax purposes.
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Section 18. It is the intent of the Legislature that s.
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220.193(3)(j), Florida Statutes, as created by this act, is
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remedial in nature and applies retroactively to the effective
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date of the law establishing the credit.
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================ T I T L E A M E N D M E N T ================
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And the title is amended as follows:
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On line(s) 58, after the first semicolon,
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insert:
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amending s. 220.193, F.S.; allowing a corporation that
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owns a partnership or limited liability company that
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produces and sells electricity from a new or expanded
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renewable energy facility to claim a renewable energy
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production credit; providing for proration among multiple
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owners; providing for retroactive application;
3/24/2008 2:36:00 PM 26-05560-08
CODING: Words stricken are deletions; words underlined are additions.