Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 2104
       
       
       
       
       
       
                                Barcode 499144                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/28/2009 03:47 PM       .                                
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       Senator Constantine moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1374 and 1375
    4  insert:
    5         Section 25. Paragraph (f) of subsection (1) of section
    6  220.1845, Florida Statutes, is amended to read:
    7         220.1845 Contaminated site rehabilitation tax credit.—
    8         (1) AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.—
    9         (f)1.For fiscal year 2009-2010, the total amount of the
   10  tax credits which may be granted under this section is $3.050 $2
   11  million annually.
   12         2.Beginning with the 2010-2011 fiscal year, the total
   13  amount of the tax credits which may be granted under this
   14  section is $2 million annually.
   15         Section 26. Subsections (4),(5), and (11) of section
   16  376.30781, Florida Statutes, are amended to read:
   17         376.30781  Tax credits for rehabilitation of drycleaning
   18  solvent-contaminated sites and brownfield sites in designated
   19  brownfield areas; application process; rulemaking authority;
   20  revocation authority.—
   21         (4)(a) The Department of Environmental Protection is
   22  responsible for allocating the tax credits provided for in s.
   23  220.1845, which, for fiscal year 2009-2010, may not exceed a
   24  total of $3.050 $2 million in tax credits annually.
   25         (b)Beginning with the 2010-2011 fiscal year, the
   26  Department of Environmental Protection is responsible for
   27  allocating the tax credits provided for in s. 220.1845, which
   28  may not exceed a total of $2 million in tax credits annually.
   29         (5) To claim the credit for site rehabilitation or solid
   30  waste removal, each tax credit applicant must apply to the
   31  Department of Environmental Protection for an allocation of the
   32  $2 million annual credit pursuant to subsection (4) by filing a
   33  tax credit application with the Division of Waste Management on
   34  a form developed by the Department of Environmental Protection
   35  in cooperation with the Department of Revenue. The form shall
   36  include an affidavit from each tax credit applicant certifying
   37  that all information contained in the application, including all
   38  records of costs incurred and claimed in the tax credit
   39  application, are true and correct. If the application is
   40  submitted pursuant to subparagraph (3)(a)2., the form must
   41  include an affidavit signed by the real property owner stating
   42  that it is not, and has never been, the owner or operator of the
   43  drycleaning facility where the contamination exists. Approval of
   44  tax credits must be accomplished on a first-come, first-served
   45  basis based upon the date and time complete applications are
   46  received by the Division of Waste Management, subject to the
   47  limitations of subsection (14). To be eligible for a tax credit,
   48  the tax credit applicant must:
   49         (a) For site rehabilitation tax credits, have entered into
   50  a voluntary cleanup agreement with the Department of
   51  Environmental Protection for a drycleaning-solvent-contaminated
   52  site or a Brownfield Site Rehabilitation Agreement, as
   53  applicable, and have paid all deductibles pursuant to s.
   54  376.3078(3)(e) for eligible drycleaning-solvent-cleanup program
   55  sites, as applicable. A site rehabilitation tax credit applicant
   56  must submit only a single completed application per site for
   57  each calendar year’s site rehabilitation costs. A site
   58  rehabilitation application must be received by the Division of
   59  Waste Management of the Department of Environmental Protection
   60  by January 31 of the year after the calendar year for which site
   61  rehabilitation costs are being claimed in a tax credit
   62  application.
   63         (b) For solid waste removal tax credits, have entered into
   64  a brownfield site rehabilitation agreement with the Department
   65  of Environmental Protection. A solid waste removal tax credit
   66  applicant must submit only a single complete application per
   67  brownfield site, as defined in the brownfield site
   68  rehabilitation agreement, for solid waste removal costs. A solid
   69  waste removal tax credit application must be received by the
   70  Division of Waste Management of the Department of Environmental
   71  Protection subsequent to the completion of the requirements
   72  listed in paragraph (3)(e).
   73         (11) If a tax credit applicant does not receive a tax
   74  credit allocation due to an exhaustion of the 2 million annual
   75  tax credit authorization pursuant to subsection (4), such
   76  application will then be included in the same first-come, first
   77  served order in the next year’s annual tax credit allocation, if
   78  any, based on the prior year application.
   79         Section 27. Paragraph (a) of subsection (3) of section
   80  376.86, Florida Statutes, is amended to read:
   81         376.86 Brownfield Areas Loan Guarantee Program.—
   82         (3) The council may enter into an investment agreement with
   83  the Department of Environmental Protection and the State Board
   84  of Administration concerning the investment of the balance of
   85  funds maintained in the Inland Protection Trust Fund. The
   86  investment must be limited as follows:
   87         (a) 1. Through the 2011-2012 fiscal year, not more than
   88  $3.95 $5 million of the balance of the Inland Protection Trust
   89  Fund in a fiscal year may be at risk at any time on loan
   90  guarantees or as loan loss reserves. Of that amount, 15 percent
   91  shall be reserved for investment agreements involving
   92  predominantly minority-owned businesses which meet the
   93  requirements of subsection (4).
   94         2.Beginning with the 2012-2013 fiscal year, not more than
   95  $5 million of the balance of the Inland Protection Trust Fund in
   96  a fiscal year may be at risk at any time on loan guarantees or
   97  as loan loss reserves. Of that amount, 15 percent shall be
   98  reserved for investment agreements involving predominantly
   99  minority-owned businesses which meet the requirements of
  100  subsection (4).
  101         Section 28. For the fiscal years 2009-2010 through 2011
  102  2012, the amount of $1,050,000 shall be transferred on an annual
  103  basis from the Inland Protection Trust Fund created under s.
  104  376.3071, to the General Revenue Fund for tax credit purposes
  105  for the voluntary cleanup of drycleaning-solvent-contaminated
  106  sites and brownfield sites as provided for in s. 376.30781.
  107         Renumber subsequent sections
  108  
  109  
  110  ================= T I T L E  A M E N D M E N T ================
  111         And the title is amended as follows:
  112         Delete line 123
  113  and insert:
  114         amending s. 376.30781, F.S.; increasing the cap on tax
  115  credits for one fiscal year; amending s. 220.1845, F.S.;
  116  amending s. 376.86, F.S., restoring cap on tax credits to 2009
  117  levels; repealing s. 23, ch. 2008-150, Laws of Florida,
  118  
  119