| 1 | A bill to be entitled | 
| 2 | An act relating to the Florida Industrial Development | 
| 3 | Corporation; repealing provisions of chapter 289, F.S., | 
| 4 | relating to the Florida Industrial Development | 
| 5 | Corporation; amending ss. 212.08, 220.183, 220.62, | 
| 6 | 440.491, and 658.67, F.S.; deleting references to conform | 
| 7 | to changes made by the act; providing an effective date. | 
| 8 | 
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| 9 | Be It Enacted by the Legislature of the State of Florida: | 
| 10 | 
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| 11 | Section 1.  Sections 289.011, 289.021, 289.031, 289.041, | 
| 12 | 289.051, 289.061, 289.071, 289.081, 289.091, 289.101, 289.111, | 
| 13 | 289.121, 289.131, 289.141, 289.151, 289.161, 289.171, 289.181, | 
| 14 | 289.191, and 289.201, Florida Statutes, are repealed. | 
| 15 | Section 2.  Paragraph (p) of subsection (5) of section | 
| 16 | 212.08, Florida Statutes, is amended to read: | 
| 17 | 212.08  Sales, rental, use, consumption, distribution, and | 
| 18 | storage tax; specified exemptions.-The sale at retail, the | 
| 19 | rental, the use, the consumption, the distribution, and the | 
| 20 | storage to be used or consumed in this state of the following | 
| 21 | are hereby specifically exempt from the tax imposed by this | 
| 22 | chapter. | 
| 23 | (5)  EXEMPTIONS; ACCOUNT OF USE.- | 
| 24 | (p)  Community contribution tax credit for donations.- | 
| 25 | 1.  Authorization.-Persons who are registered with the | 
| 26 | department under s. 212.18 to collect or remit sales or use tax | 
| 27 | and who make donations to eligible sponsors are eligible for tax | 
| 28 | credits against their state sales and use tax liabilities as | 
| 29 | provided in this paragraph: | 
| 30 | a.  The credit shall be computed as 50 percent of the | 
| 31 | person's approved annual community contribution. | 
| 32 | b.  The credit shall be granted as a refund against state | 
| 33 | sales and use taxes reported on returns and remitted in the 12 | 
| 34 | months preceding the date of application to the department for | 
| 35 | the credit as required in sub-subparagraph 3.c. If the annual | 
| 36 | credit is not fully used through such refund because of | 
| 37 | insufficient tax payments during the applicable 12-month period, | 
| 38 | the unused amount may be included in an application for a refund | 
| 39 | made pursuant to sub-subparagraph 3.c. in subsequent years | 
| 40 | against the total tax payments made for such year. Carryover | 
| 41 | credits may be applied for a 3-year period without regard to any | 
| 42 | time limitation that would otherwise apply under s. 215.26. | 
| 43 | c.  A person may not receive more than $200,000 in annual | 
| 44 | tax credits for all approved community contributions made in any | 
| 45 | one year. | 
| 46 | d.  All proposals for the granting of the tax credit | 
| 47 | require the prior approval of the Office of Tourism, Trade, and | 
| 48 | Economic Development. | 
| 49 | e.  The total amount of tax credits which may be granted | 
| 50 | for all programs approved under this paragraph, s. 220.183, and | 
| 51 | s. 624.5105 is $10.5 million annually for projects that provide | 
| 52 | homeownership opportunities for low-income or very-low-income | 
| 53 | households as defined in s. 420.9071(19) and (28) and $3.5 | 
| 54 | million annually for all other projects. | 
| 55 | f.  A person who is eligible to receive the credit provided | 
| 56 | for in this paragraph, s. 220.183, or s. 624.5105 may receive | 
| 57 | the credit only under the one section of the person's choice. | 
| 58 | 2.  Eligibility requirements.- | 
| 59 | a.  A community contribution by a person must be in the | 
| 60 | following form: | 
| 61 | (I)  Cash or other liquid assets; | 
| 62 | (II)  Real property; | 
| 63 | (III)  Goods or inventory; or | 
| 64 | (IV)  Other physical resources as identified by the Office | 
| 65 | of Tourism, Trade, and Economic Development. | 
| 66 | b.  All community contributions must be reserved | 
| 67 | exclusively for use in a project. As used in this sub- | 
| 68 | subparagraph, the term "project" means any activity undertaken | 
| 69 | by an eligible sponsor which is designed to construct, improve, | 
| 70 | or substantially rehabilitate housing that is affordable to low- | 
| 71 | income or very-low-income households as defined in s. | 
| 72 | 420.9071(19) and (28); designed to provide commercial, | 
| 73 | industrial, or public resources and facilities; or designed to | 
| 74 | improve entrepreneurial and job-development opportunities for | 
| 75 | low-income persons. A project may be the investment necessary to | 
| 76 | increase access to high-speed broadband capability in rural | 
| 77 | communities with enterprise zones, including projects that | 
| 78 | result in improvements to communications assets that are owned | 
| 79 | by a business. A project may include the provision of museum | 
| 80 | educational programs and materials that are directly related to | 
| 81 | any project approved between January 1, 1996, and December 31, | 
| 82 | 1999, and located in an enterprise zone designated pursuant to | 
| 83 | s. 290.0065. This paragraph does not preclude projects that | 
| 84 | propose to construct or rehabilitate housing for low-income or | 
| 85 | very-low-income households on scattered sites. With respect to | 
| 86 | housing, contributions may be used to pay the following eligible | 
| 87 | low-income and very-low-income housing-related activities: | 
| 88 | (I)  Project development impact and management fees for | 
| 89 | low-income or very-low-income housing projects; | 
| 90 | (II)  Down payment and closing costs for eligible persons, | 
| 91 | as defined in s. 420.9071(19) and (28); | 
| 92 | (III)  Administrative costs, including housing counseling | 
| 93 | and marketing fees, not to exceed 10 percent of the community | 
| 94 | contribution, directly related to low-income or very-low-income | 
| 95 | projects; and | 
| 96 | (IV)  Removal of liens recorded against residential | 
| 97 | property by municipal, county, or special district local | 
| 98 | governments when satisfaction of the lien is a necessary | 
| 99 | precedent to the transfer of the property to an eligible person, | 
| 100 | as defined in s. 420.9071(19) and (28), for the purpose of | 
| 101 | promoting home ownership. Contributions for lien removal must be | 
| 102 | received from a nonrelated third party. | 
| 103 | c.  The project must be undertaken by an "eligible | 
| 104 | sponsor," which includes: | 
| 105 | (I)  A community action program; | 
| 106 | (II)  A nonprofit community-based development organization | 
| 107 | whose mission is the provision of housing for low-income or | 
| 108 | very-low-income households or increasing entrepreneurial and | 
| 109 | job-development opportunities for low-income persons; | 
| 110 | (III)  A neighborhood housing services corporation; | 
| 111 | (IV)  A local housing authority created under chapter 421; | 
| 112 | (V)  A community redevelopment agency created under s. | 
| 113 | 163.356; | 
| 114 | (VI)  The Florida Industrial Development Corporation; | 
| 115 | (VI) (VII)A historic preservation district agency or | 
| 116 | organization; | 
| 117 | (VII) (VIII)A regional workforce board; | 
| 118 | (VIII) (IX)A direct-support organization as provided in s. | 
| 119 | 1009.983; | 
| 120 | (IX) (X)An enterprise zone development agency created | 
| 121 | under s. 290.0056; | 
| 122 | (X) (XI)A community-based organization incorporated under | 
| 123 | chapter 617 which is recognized as educational, charitable, or | 
| 124 | scientific pursuant to s. 501(c)(3) of the Internal Revenue Code | 
| 125 | and whose bylaws and articles of incorporation include | 
| 126 | affordable housing, economic development, or community | 
| 127 | development as the primary mission of the corporation; | 
| 128 | (XI) (XII)Units of local government; | 
| 129 | (XII) (XIII)Units of state government; or | 
| 130 | (XIII) (XIV)Any other agency that the Office of Tourism, | 
| 131 | Trade, and Economic Development designates by rule. | 
| 132 | 
 | 
| 133 | In no event may a contributing person have a financial interest | 
| 134 | in the eligible sponsor. | 
| 135 | d.  The project must be located in an area designated an | 
| 136 | enterprise zone or a Front Porch Florida Community pursuant to | 
| 137 | s. 20.18(6), unless the project increases access to high-speed | 
| 138 | broadband capability for rural communities with enterprise zones | 
| 139 | but is physically located outside the designated rural zone | 
| 140 | boundaries. Any project designed to construct or rehabilitate | 
| 141 | housing for low-income or very-low-income households as defined | 
| 142 | in s. 420.9071(19) and (28) is exempt from the area requirement | 
| 143 | of this sub-subparagraph. | 
| 144 | e.(I)  If, during the first 10 business days of the state | 
| 145 | fiscal year, eligible tax credit applications for projects that | 
| 146 | provide homeownership opportunities for low-income or very-low- | 
| 147 | income households as defined in s. 420.9071(19) and (28) are | 
| 148 | received for less than the annual tax credits available for | 
| 149 | those projects, the Office of Tourism, Trade, and Economic | 
| 150 | Development shall grant tax credits for those applications and | 
| 151 | shall grant remaining tax credits on a first-come, first-served | 
| 152 | basis for any subsequent eligible applications received before | 
| 153 | the end of the state fiscal year. If, during the first 10 | 
| 154 | business days of the state fiscal year, eligible tax credit | 
| 155 | applications for projects that provide homeownership | 
| 156 | opportunities for low-income or very-low-income households as | 
| 157 | defined in s. 420.9071(19) and (28) are received for more than | 
| 158 | the annual tax credits available for those projects, the office | 
| 159 | shall grant the tax credits for those applications as follows: | 
| 160 | (A)  If tax credit applications submitted for approved | 
| 161 | projects of an eligible sponsor do not exceed $200,000 in total, | 
| 162 | the credits shall be granted in full if the tax credit | 
| 163 | applications are approved. | 
| 164 | (B)  If tax credit applications submitted for approved | 
| 165 | projects of an eligible sponsor exceed $200,000 in total, the | 
| 166 | amount of tax credits granted pursuant to sub-sub-sub- | 
| 167 | subparagraph (A) shall be subtracted from the amount of | 
| 168 | available tax credits, and the remaining credits shall be | 
| 169 | granted to each approved tax credit application on a pro rata | 
| 170 | basis. | 
| 171 | (II)  If, during the first 10 business days of the state | 
| 172 | fiscal year, eligible tax credit applications for projects other | 
| 173 | than those that provide homeownership opportunities for low- | 
| 174 | income or very-low-income households as defined in s. | 
| 175 | 420.9071(19) and (28) are received for less than the annual tax | 
| 176 | credits available for those projects, the office shall grant tax | 
| 177 | credits for those applications and shall grant remaining tax | 
| 178 | credits on a first-come, first-served basis for any subsequent | 
| 179 | eligible applications received before the end of the state | 
| 180 | fiscal year. If, during the first 10 business days of the state | 
| 181 | fiscal year, eligible tax credit applications for projects other | 
| 182 | than those that provide homeownership opportunities for low- | 
| 183 | income or very-low-income households as defined in s. | 
| 184 | 420.9071(19) and (28) are received for more than the annual tax | 
| 185 | credits available for those projects, the office shall grant the | 
| 186 | tax credits for those applications on a pro rata basis. | 
| 187 | 3.  Application requirements.- | 
| 188 | a.  Any eligible sponsor seeking to participate in this | 
| 189 | program must submit a proposal to the Office of Tourism, Trade, | 
| 190 | and Economic Development which sets forth the name of the | 
| 191 | sponsor, a description of the project, and the area in which the | 
| 192 | project is located, together with such supporting information as | 
| 193 | is prescribed by rule. The proposal must also contain a | 
| 194 | resolution from the local governmental unit in which the project | 
| 195 | is located certifying that the project is consistent with local | 
| 196 | plans and regulations. | 
| 197 | b.  Any person seeking to participate in this program must | 
| 198 | submit an application for tax credit to the office which sets | 
| 199 | forth the name of the sponsor, a description of the project, and | 
| 200 | the type, value, and purpose of the contribution. The sponsor | 
| 201 | shall verify the terms of the application and indicate its | 
| 202 | receipt of the contribution, which verification must be in | 
| 203 | writing and accompany the application for tax credit. The person | 
| 204 | must submit a separate tax credit application to the office for | 
| 205 | each individual contribution that it makes to each individual | 
| 206 | project. | 
| 207 | c.  Any person who has received notification from the | 
| 208 | office that a tax credit has been approved must apply to the | 
| 209 | department to receive the refund. Application must be made on | 
| 210 | the form prescribed for claiming refunds of sales and use taxes | 
| 211 | and be accompanied by a copy of the notification. A person may | 
| 212 | submit only one application for refund to the department within | 
| 213 | any 12-month period. | 
| 214 | 4.  Administration.- | 
| 215 | a.  The Office of Tourism, Trade, and Economic Development | 
| 216 | may adopt rules pursuant to ss. 120.536(1) and 120.54 necessary | 
| 217 | to administer this paragraph, including rules for the approval | 
| 218 | or disapproval of proposals by a person. | 
| 219 | b.  The decision of the office must be in writing, and, if | 
| 220 | approved, the notification shall state the maximum credit | 
| 221 | allowable to the person. Upon approval, the office shall | 
| 222 | transmit a copy of the decision to the Department of Revenue. | 
| 223 | c.  The office shall periodically monitor all projects in a | 
| 224 | manner consistent with available resources to ensure that | 
| 225 | resources are used in accordance with this paragraph; however, | 
| 226 | each project must be reviewed at least once every 2 years. | 
| 227 | d.  The office shall, in consultation with the Department | 
| 228 | of Community Affairs and the statewide and regional housing and | 
| 229 | financial intermediaries, market the availability of the | 
| 230 | community contribution tax credit program to community-based | 
| 231 | organizations. | 
| 232 | 5.  Expiration.-This paragraph expires June 30, 2015; | 
| 233 | however, any accrued credit carryover that is unused on that | 
| 234 | date may be used until the expiration of the 3-year carryover | 
| 235 | period for such credit. | 
| 236 | Section 3.  Paragraph (c) of subsection (2) of section | 
| 237 | 220.183, Florida Statutes, is amended to read: | 
| 238 | 220.183  Community contribution tax credit.- | 
| 239 | (2)  ELIGIBILITY REQUIREMENTS.- | 
| 240 | (c)  The project must be undertaken by an "eligible | 
| 241 | sponsor," defined here as: | 
| 242 | 1.  A community action program; | 
| 243 | 2.  A nonprofit community-based development organization | 
| 244 | whose mission is the provision of housing for low-income or | 
| 245 | very-low-income households or increasing entrepreneurial and | 
| 246 | job-development opportunities for low-income persons; | 
| 247 | 3.  A neighborhood housing services corporation; | 
| 248 | 4.  A local housing authority, created pursuant to chapter | 
| 249 | 421; | 
| 250 | 5.  A community redevelopment agency, created pursuant to | 
| 251 | s. 163.356; | 
| 252 | 6.  The Florida Industrial Development Corporation; | 
| 253 | 6. 7.An historic preservation district agency or | 
| 254 | organization; | 
| 255 | 7. 8.A regional workforce board; | 
| 256 | 8. 9.A direct-support organization as provided in s. | 
| 257 | 1009.983; | 
| 258 | 9. 10.An enterprise zone development agency created | 
| 259 | pursuant to s. 290.0056; | 
| 260 | 10. 11.A community-based organization incorporated under | 
| 261 | chapter 617 which is recognized as educational, charitable, or | 
| 262 | scientific pursuant to s. 501(c)(3) of the Internal Revenue Code | 
| 263 | and whose bylaws and articles of incorporation include | 
| 264 | affordable housing, economic development, or community | 
| 265 | development as the primary mission of the corporation; | 
| 266 | 11. 12.Units of local government; | 
| 267 | 12. 13.Units of state government; or | 
| 268 | 13. 14.Such other agency as the Office of Tourism, Trade, | 
| 269 | and Economic Development may, from time to time, designate by | 
| 270 | rule. | 
| 271 | 
 | 
| 272 | In no event shall a contributing business firm have a financial | 
| 273 | interest in the eligible sponsor. | 
| 274 | Section 4.  Subsection (1) of section 220.62, Florida | 
| 275 | Statutes, is amended to read: | 
| 276 | 220.62  Definitions.-For purposes of this part: | 
| 277 | (1)  The term "bank" means a bank holding company | 
| 278 | registered under the Bank Holding Company Act of 1956 of the | 
| 279 | United States, 12 U.S.C. ss. 1841-1849, as amended, or a bank or | 
| 280 | trust company incorporated and doing business under the laws of | 
| 281 | the United States (including laws relating to the District of | 
| 282 | Columbia), of any state, or of any territory, a substantial part | 
| 283 | of the business of which consists of receiving deposits and | 
| 284 | making loans and discounts or of exercising fiduciary powers | 
| 285 | similar to those permitted to national banks under authority of | 
| 286 | the Comptroller of the Currency and which is subject by law to | 
| 287 | supervision and examination by state, territorial, or federal | 
| 288 | authority having supervision over banking institutions. The term | 
| 289 | "bank" also includes any banking association, corporation, or | 
| 290 | other similar organization organized and operated under the laws | 
| 291 | of any foreign country, which banking association, corporation, | 
| 292 | or other organization is also operating in this state pursuant | 
| 293 | to chapter 663 , and further includes any corporation organized  | 
| 294 | under chapter 289. | 
| 295 | Section 5.  Paragraph (b) of subsection (5) of section | 
| 296 | 440.491, Florida Statutes, is amended to read: | 
| 297 | 440.491  Reemployment of injured workers; rehabilitation.- | 
| 298 | (5)  MEDICAL CARE COORDINATION AND REEMPLOYMENT SERVICES.- | 
| 299 | (b)  If the rehabilitation provider concludes that training | 
| 300 | and education are necessary to return the employee to suitable | 
| 301 | gainful employment, or if the employee has not returned to | 
| 302 | suitable gainful employment within 180 days after referral for | 
| 303 | reemployment services or receives $2,500 in reemployment | 
| 304 | services, whichever comes first, the carrier must discontinue | 
| 305 | reemployment services and refer the employee to the department | 
| 306 | for a vocational evaluation. Notwithstanding any provision of | 
| 307 | chapter 289 orchapter 627, the cost of a reemployment | 
| 308 | assessment and the first $2,500 in reemployment services to an | 
| 309 | injured employee must not be treated as loss adjustment expense | 
| 310 | for workers' compensation ratemaking purposes. | 
| 311 | Section 6.  Subsection (4) of section 658.67, Florida | 
| 312 | Statutes, is amended to read: | 
| 313 | 658.67  Investment powers and limitations.-A bank may | 
| 314 | invest its funds, and a trust company may invest its corporate | 
| 315 | funds, subject to the following definitions, restrictions, and | 
| 316 | limitations: | 
| 317 | (4)  INVESTMENTS SUBJECT TO LIMITATION OF TEN PERCENT OR | 
| 318 | LESS OF CAPITAL ACCOUNTS.- | 
| 319 | (a)  Up to 10 percent of the capital accounts of the | 
| 320 | purchasing bank or trust company may be used to invest in any | 
| 321 | single issue of industrial development bonds issued for the | 
| 322 | benefit of a specified corporation. | 
| 323 | (b)  Up to an aggregate of 10 percent of the capital | 
| 324 | accounts of the purchasing bank or trust company may be used to | 
| 325 | invest in tax lien certificates. | 
| 326 | (c)  Up to 5 percent of the capital accounts of the | 
| 327 | purchasing bank or trust company may be used to invest in or | 
| 328 | purchase bonds or other evidences of indebtedness of the State | 
| 329 | of Israel. | 
| 330 | (d)  Up to 2 percent of the capital accounts of the | 
| 331 | purchasing bank or trust company may be used to invest in the | 
| 332 | stock of a community corporation organized to promote the | 
| 333 | physical, social, or moral well-being of the members of the | 
| 334 | community where the bank or trust company is located. | 
| 335 | (e)  Up to 1 percent of the capital accounts of the  | 
| 336 | purchasing bank or trust company may be used to invest in the  | 
| 337 | stock of the Florida Industrial Development Corporation. | 
| 338 | (e) (f)Up to 1 percent of the capital accounts of the | 
| 339 | purchasing bank or trust company may be used to invest in the | 
| 340 | stock of the Housing Development Corporation of Florida. The | 
| 341 | purchasing bank or trust company may thereafter deal in the | 
| 342 | securities or other evidences of debt of such corporation as | 
| 343 | provided for in chapter 420. | 
| 344 | (f) (g)Up to 10 percent of the capital accounts of a bank | 
| 345 | or trust company may be invested in any capital participation | 
| 346 | instrument or evidence of indebtedness issued by the Florida | 
| 347 | Black Business Investment Board pursuant to the Florida Small | 
| 348 | and Minority Business Assistance Act. | 
| 349 | Section 7.  This act shall take effect July 1, 2011. |