1 | A bill to be entitled |
2 | An act relating to the New Markets Development Program; |
3 | amending s. 288.9913, F.S.; revising the definition of the |
4 | term "qualified active low-income community business" for |
5 | purposes of the New Markets Development Program Act; |
6 | providing an effective date. |
7 |
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8 | Be It Enacted by the Legislature of the State of Florida: |
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10 | Section 1. Subsection (7) of section 288.9913, Florida |
11 | Statutes, is amended to read: |
12 | 288.9913 Definitions.-As used in ss. 288.991-288.9922, the |
13 | term: |
14 | (7) "Qualified active low-income community business" means |
15 | a corporation, including a nonprofit corporation, or partnership |
16 | that complies with each of the following: |
17 | (a)1. Derives at least 50 percent of its total gross |
18 | income from the active conduct of business within any low-income |
19 | community for any taxable year.; |
20 | 2. Uses at least 40 percent a substantial portion of its |
21 | tangible property, whether owned or leased, within any low- |
22 | income community for any taxable year, which percentage shall be |
23 | the average value of the tangible property owned or leased and |
24 | used within a low-income community by the corporation or |
25 | partnership divided by the average value of the total tangible |
26 | property owned or leased and used by the corporation or |
27 | partnership during the taxable year. The value assigned to |
28 | leased property by the corporation or partnership must be |
29 | reasonable.; |
30 | 3. Performs at least 40 percent a substantial portion of |
31 | its services through its employees in a low-income community for |
32 | any taxable year, which percentage shall be the amount paid by |
33 | the corporation or partnership for salaries, wages, and benefits |
34 | to employees in a low-income community divided by the total |
35 | amount paid by the corporation or partnership for salaries, |
36 | wages, and benefits during the taxable year.; |
37 | 4. Attributes less than 5 percent of the average of the |
38 | aggregate unadjusted bases of the property of the entity to |
39 | collectibles, as defined in 26 U.S.C. s. 408(m)(2), other than |
40 | collectibles that are held primarily for sale to customers in |
41 | the ordinary course of the business for any taxable year.; and |
42 | 5. Attributes less than 5 percent of the average of the |
43 | aggregate unadjusted bases of the property of the entity to |
44 | nonqualified financial property, as defined in 26 U.S.C. s. |
45 | 1397C(e), for any taxable year. |
46 |
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47 | A corporation or partnership complies with subparagraph 1. if, |
48 | as calculated in subparagraph 2., it uses at least 50 percent of |
49 | its tangible property, whether owned or leased, within any low- |
50 | income community for any taxable year or if, as calculated in |
51 | subparagraph 3., the corporation or partnership performs at |
52 | least 50 percent of its services through its employees in a low- |
53 | income community for any taxable year. |
54 | (b) Is reasonably expected by a qualified community |
55 | development entity at the time of an investment to continue to |
56 | satisfy the requirements of paragraphs (a), (c), and (d) for the |
57 | duration of the investment. |
58 | (c) Satisfies the requirements of paragraphs (a) and (b), |
59 | but does not: |
60 | 1. Derive or project to derive 15 percent or more of its |
61 | annual revenue from the rental or sale of real estate, unless |
62 | the corporation or partnership derives such revenue from the |
63 | rental of real estate and the primary lessee and user of such |
64 | real estate is another qualified active low-income community |
65 | business that is owned or controlled by, or that is under common |
66 | ownership or control with, such corporation or partnership; |
67 | 2. Engage predominantly in the development or holding of |
68 | intangibles for sale or license; |
69 | 3. Operate a private or commercial golf course, country |
70 | club, massage parlor, hot tub facility, suntan facility, |
71 | racetrack, gambling facility, or a store the principal business |
72 | of which is the sale of alcoholic beverages for consumption off |
73 | premises; or |
74 | 4. Engage principally in farming and owns or leases assets |
75 | the sum of the aggregate unadjusted bases or the fair market |
76 | value of which exceeds $500,000. |
77 | (d) Will create or retain jobs that pay an average wage of |
78 | at least 115 percent of the federal poverty income guidelines |
79 | for a family of four. |
80 | Section 2. This act shall take effect upon becoming a law. |