HB 7203

1	A bill to be entitled
2	An act relating to economic development; amending ss.
3	72.011 and 72.041, F.S.; deleting a reference to conform
4	to changes made by this act; amending ss. 220.02 and
5	220.13, F.S.; revising references to conform to changes
6	made by this act; amending s. 220.131, F.S.; conforming
7	provisions to changes made by this act; creating s.
8	220.153, F.S.; defining the terms "full-time employee" and
9	"qualified capital expenditures"; providing for the
10	apportionment of certain taxpayer's adjusted federal
11	income solely by the sales factor provided in s. 220.15,
12	F.S.; providing for eligibility based on the taxpayer's
13	capital expenditures and number of full-time employees;
14	providing an application process; authorizing the
15	Department of Revenue to examine and verify that a
16	taxpayer has correctly apportioned its taxes; authorizing
17	the Office of Tourism, Trade, and Economic Development to
18	approve and revoke approval of an application; providing
19	for the recapture of unpaid taxes, interest, and
20	penalties; authorizing the Office of Tourism, Trade, and
21	Economic Development and the Department of Revenue to
22	adopt rules; creating s. 220.194, F.S.; creating a
23	corporate income tax credit to continue credits available
24	under the emergency excise tax; amending ss. 220.801,
25	213.05, 213.053, and 213.255, F.S.; deleting references to
26	conform to changes made by this act; authorizing the
27	department to share information with the office relating
28	to single sales factor apportionment used by a taxpayer;
29	repealing chapter 221, F.S.; repealing the emergency
30	excise tax and related provisions; amending ss. 288.075,
31	288.1045, and 288.106, F.S.; deleting references to
32	conform to changes made by this act; amending s. 288.1254,
33	F.S.; revising a definition and providing definitions;
34	revising criteria for awarding tax credits and increasing
35	the amount of credits to be awarded under the
36	entertainment industry financial incentive program;
37	revising the application procedure and approval process;
38	amending s. 288.1258, F.S.; changing the recordkeeping
39	requirements of the Office of Film and Entertainment;
40	amending s. 290.0055, F.S.; authorizing certain governing
41	bodies to apply to the Office of Tourism, Trade, and
42	Economic Development to amend the boundary of an
43	enterprise zone that includes a rural area of critical
44	economic concern; providing a limitation; providing an
45	application deadline; authorizing the office to approve
46	the amendment application subject to certain requirements;
47	requiring the office to establish the effective date of
48	certain enterprise zones; creating s. 290.00726, F.S.;
49	authorizing Martin County to apply to the Office of
50	Tourism, Trade, and Economic Development for designation
51	of an enterprise zone; providing application requirements;
52	authorizing the office to designate an enterprise zone in
53	Martin County; providing responsibilities of the office;
54	creating s. 290.00727, F.S.; authorizing the City of Palm
55	Bay to apply to the Office of Tourism, Trade, and Economic
56	Development for designation of an enterprise zone;
57	providing application requirements; authorizing the office
58	to designate an enterprise zone in the City of Palm Bay;
59	providing responsibilities of the office; creating s.
60	290.00728, F.S.; authorizing Lake County to apply to the
61	Office of Tourism, Trade, and Economic Development for
62	designation of an enterprise zone; providing application
63	requirements; authorizing the office to designate an
64	enterprise zone in Lake County; providing responsibilities
65	of the office; amending ss. 334.30, 624.509, and
66	624.51055, F.S.; deleting references to conform to changes
67	made by this act; authorizing the executive director of
68	the Department of Revenue to adopt emergency rules;
69	providing appropriations; providing effective dates.
70
71	Be It Enacted by the Legislature of the State of Florida:
72
73	Section 1.  Effective January 1, 2012, paragraph (a) of
74	subsection (1) of section 72.011, Florida Statutes, is amended
75	to read:
76	72.011  Jurisdiction of circuit courts in specific tax
77	matters; administrative hearings and appeals; time for
78	commencing action; parties; deposits.-
79	(1)(a)  A taxpayer may contest the legality of any
80	assessment or denial of refund of tax, fee, surcharge, permit,
81	interest, or penalty provided for under s. 125.0104, s.
82	125.0108, chapter 198, chapter 199, chapter 201, chapter 202,
83	chapter 203, chapter 206, chapter 207, chapter 210, chapter 211,
84	chapter 212, chapter 213, chapter 220, chapter 221, s.
85	379.362(3), chapter 376, s. 403.717, s. 403.718, s. 403.7185, s.
86	538.09, s. 538.25, chapter 550, chapter 561, chapter 562,
87	chapter 563, chapter 564, chapter 565, chapter 624, or s.
88	681.117 by filing an action in circuit court; or, alternatively,
89	the taxpayer may file a petition under the applicable provisions
90	of chapter 120. However, once an action has been initiated under
91	s. 120.56, s. 120.565, s. 120.569, s. 120.57, or s.
92	120.80(14)(b), no action relating to the same subject matter may
93	be filed by the taxpayer in circuit court, and judicial review
94	shall be exclusively limited to appellate review pursuant to s.
95	120.68; and once an action has been initiated in circuit court,
96	no action may be brought under chapter 120.
97	Section 2.  Effective January 1, 2012, section 72.041,
98	Florida Statutes, is amended to read:
99	72.041  Tax liabilities arising under the laws of other
100	states.-Actions to enforce lawfully imposed sales, use, and
101	corporate income taxes and motor and other fuel taxes of another
102	state may be brought in a court of this state under the
103	following conditions:
104	(1)  The state seeking to institute an action for the
105	collection, assessment, or enforcement of a lawfully imposed tax
106	must have extended a like courtesy to this state;
107	(2)  Venue for any action under this section shall be the
108	circuit court of the county in which the defendant resides;
109	(3)  This section does not apply to the enforcement of tax
110	warrants of another state unless the warrant has been obtained
111	as a result of a judgment entered by a court of competent
112	jurisdiction in the taxing state or unless the courts of the
113	state seeking to enforce its warrant allow the enforcement of
114	the warrants issued by the Department of Revenue pursuant to
115	chapters 206, 212, 213, and 220, and 221; and
116	(4)  All tax liabilities owing to this state or any of its
117	subdivisions shall be paid first and shall be prior in right to
118	any tax liability arising under the laws of other states.
119	Section 3.  Effective January 1, 2012, subsection (8) of
120	section 220.02, Florida Statutes, is amended to read:
121	220.02  Legislative intent.-
122	(8)  It is the intent of the Legislature that credits
123	against either the corporate income tax or the franchise tax be
124	applied in the following order: those enumerated in s. 631.828,
125	those enumerated in s. 220.191, those enumerated in s. 220.181,
126	those enumerated in s. 220.183, those enumerated in s. 220.182,
127	those enumerated in s. 220.1895, those enumerated in s. 220.194
128	221.02, those enumerated in s. 220.184, those enumerated in s.
129	220.186, those enumerated in s. 220.1845, those enumerated in s.
130	220.19, those enumerated in s. 220.185, those enumerated in s.
131	220.1875, those enumerated in s. 220.192, those enumerated in s.
132	220.193, those enumerated in s. 288.9916, those enumerated in s.
133	220.1899, and those enumerated in s. 220.1896.
134	Section 4.  Effective January 1, 2012, paragraph (a) of
135	subsection (1) of section 220.13, Florida Statutes, is amended
136	to read:
137	220.13  "Adjusted federal income" defined.-
138	(1)  The term "adjusted federal income" means an amount
139	equal to the taxpayer's taxable income as defined in subsection
140	(2), or such taxable income of more than one taxpayer as
141	provided in s. 220.131, for the taxable year, adjusted as
142	follows:
143	(a)  Additions.-There shall be added to such taxable
144	income:
145	1.  The amount of any tax upon or measured by income,
146	excluding taxes based on gross receipts or revenues, paid or
147	accrued as a liability to the District of Columbia or any state
148	of the United States which is deductible from gross income in
149	the computation of taxable income for the taxable year.
150	2.  The amount of interest which is excluded from taxable
151	income under s. 103(a) of the Internal Revenue Code or any other
152	federal law, less the associated expenses disallowed in the
153	computation of taxable income under s. 265 of the Internal
154	Revenue Code or any other law, excluding 60 percent of any
155	amounts included in alternative minimum taxable income, as
156	defined in s. 55(b)(2) of the Internal Revenue Code, if the
157	taxpayer pays tax under s. 220.11(3).
158	3.  In the case of a regulated investment company or real
159	estate investment trust, an amount equal to the excess of the
160	net long-term capital gain for the taxable year over the amount
161	of the capital gain dividends attributable to the taxable year.
162	4.  That portion of the wages or salaries paid or incurred
163	for the taxable year which is equal to the amount of the credit
164	allowable for the taxable year under s. 220.181. This
165	subparagraph shall expire on the date specified in s. 290.016
166	for the expiration of the Florida Enterprise Zone Act.
167	5.  That portion of the ad valorem school taxes paid or
168	incurred for the taxable year which is equal to the amount of
169	the credit allowable for the taxable year under s. 220.182. This
170	subparagraph shall expire on the date specified in s. 290.016
171	for the expiration of the Florida Enterprise Zone Act.
172	6.  The amount taken as a credit under s. 220.194 of
173	emergency excise tax paid or accrued as a liability to this
174	state under chapter 221 which tax is deductible from gross
175	income in the computation of taxable income for the taxable
176	year.
177	7.  That portion of assessments to fund a guaranty
178	association incurred for the taxable year which is equal to the
179	amount of the credit allowable for the taxable year.
180	8.  In the case of a nonprofit corporation which holds a
181	pari-mutuel permit and which is exempt from federal income tax
182	as a farmers' cooperative, an amount equal to the excess of the
183	gross income attributable to the pari-mutuel operations over the
184	attributable expenses for the taxable year.
185	9.  The amount taken as a credit for the taxable year under
186	s. 220.1895.
187	10.  Up to nine percent of the eligible basis of any
188	designated project which is equal to the credit allowable for
189	the taxable year under s. 220.185.
190	11.  The amount taken as a credit for the taxable year
191	under s. 220.1875. The addition in this subparagraph is intended
192	to ensure that the same amount is not allowed for the tax
193	purposes of this state as both a deduction from income and a
194	credit against the tax. This addition is not intended to result
195	in adding the same expense back to income more than once.
196	12.  The amount taken as a credit for the taxable year
197	under s. 220.192.
198	13.  The amount taken as a credit for the taxable year
199	under s. 220.193.
200	14.  Any portion of a qualified investment, as defined in
201	s. 288.9913, which is claimed as a deduction by the taxpayer and
202	taken as a credit against income tax pursuant to s. 288.9916.
203	15.  The costs to acquire a tax credit pursuant to s.
204	288.1254(5) that are deducted from or otherwise reduce federal
205	taxable income for the taxable year.
206	Section 5.  Subsection (5) of section 220.131, Florida
207	Statutes, is amended to read:
208	220.131  Adjusted federal income; affiliated groups.-
209	(5)  Each taxpayer shall apportion adjusted federal income
210	under s. 220.15 as a member of an affiliated group which files a
211	consolidated return under this section on the basis of
212	apportionment factors described in s. 220.15. For the purposes
213	of this subsection, each special industry member included in an
214	affiliated group filing a consolidated return hereunder, who
215	which member would otherwise be permitted to use a special
216	method of apportionment under s. 220.151 or s. 220.153, shall
217	construct the numerator of its sales, property, and payroll
218	factors, respectively, by multiplying the denominator of each
219	such factor by the premiums or revenue miles factor ratio
220	otherwise applicable under pursuant to s. 220.151 in the manner
221	prescribed by the department by rule.
222	Section 6.  Section 220.153, Florida Statutes, is created
223	to read:
224	220.153  Apportionment by sales factor.-
225	(1)  DEFINITIONS.-As used in this section, the term:
226	(a)  "Full-time employee" means an employee who works an
227	average of at least 36 hours per week for an entire year and
228	receives an average weekly wage greater than the lower of the
229	state or local average weekly wages for the taxpayer's industry;
230	however, a full-time employee does not include an employee who
231	is hired to construct improvements to real property.
232	(b)  "Qualified capital expenditures" means expenditures in
233	this state for purposes substantially related to a business's
234	production or sale of goods or services for funding the
235	acquisition of additional real property (land, buildings,
236	including appurtenances, fixtures and fixed equipment,
237	structures, etc.), including additions, replacements, major
238	repairs, and renovations to real property which materially
239	extend its useful life or materially improve or change its
240	functional use and including furniture and equipment necessary
241	to furnish and operate a new or improved facility. The term
242	"qualified capital expenditures" does not include the outlay of
243	capital to fund any passive investment intended for the
244	accumulation of reserves or the realization of profit for
245	distribution to any person holding an ownership interest in the
246	business.
247	(2)  APPORTIONMENT OF TAXES; ELIGIBILITY.-A taxpayer, not
248	including a financial organization as defined in s. 220.15(6) or
249	a bank, savings association, international banking facility, or
250	banking organization as defined in s. 220.62, doing business
251	within and without this state, who applies and demonstrates to
252	the Office of Tourism, Trade, and Economic Development that, on
253	or after July 1, 2013, it has made qualified capital
254	expenditures equal to or exceeding $250 million and has
255	continuously maintained at least the number of full-time
256	employees who were employed by the taxpayer in this state at the
257	time it notified the office of its intent to apply for
258	apportionment pursuant to this section may apportion its
259	adjusted federal income solely by the sales factor set forth in
260	s. 220.15(5), commencing in the taxable year of such
261	determination.
262	(3)  APPLICATION PROCESS.-
263	(a)  To qualify as a taxpayer who is eligible to apportion
264	its adjusted federal income under this section:
265	1.  The taxpayer must notify the Office of Tourism, Trade,
266	and Economic Development of its intent to submit an application
267	to apportion its adjusted federal income in order to commence
268	the 2-year period for measuring qualified capital expenditures.
269	2.  The application must be submitted within 2 years after
270	notifying the office of the taxpayer's intent to qualify. The
271	application must be made under oath and provide such information
272	as the office reasonably requires by rule for determining the
273	applicant's eligibility to apportion adjusted federal income.
274	The taxpayer is responsible for affirmatively demonstrating to
275	the satisfaction of the office that it meets the eligibility
276	requirements.
277	(b)  The taxpayer notice and application forms shall be
278	established by the office by rule. The office shall acknowledge
279	receipt of the notice and approve or deny the application in
280	writing within 45 days after receipt.
281	(c)  Upon approval, the taxpayer, by the due date for
282	filing its tax return for the taxable year during which its
283	eligibility has been determined, including any extensions
284	thereof, may elect to apportion its adjusted federal income by
285	filing a return for the taxable year using the method provided
286	under this chapter.
287	(d)  Once made, a taxpayer may not revoke the election for
288	4 tax years, at which time the taxpayer may renew the election
289	by the due date, or extended due date, for filing its tax return
290	by filing a return for the next taxable year using the method
291	provided under this chapter. If the taxpayer does not renew the
292	election, it shall apportion its adjusted federal income
293	pursuant to s. 220.15 and must reapply to apportion its adjusted
294	federal income pursuant to this section.
295	(4)  REVIEW AUTHORITY; RECAPTURE OF TAX.-
296	(a)  In addition to its existing audit authority, the
297	department may perform any financial and technical review and
298	investigation, including examining the accounts, books, and
299	records of the taxpayer as necessary, to verify that the
300	taxpayer's tax return correctly computes and apportions adjusted
301	federal income and to ensure compliance with this chapter.
302	(b)  The Office of Tourism, Trade, and Economic Development
303	may, by order, revoke its decision to grant eligibility for
304	apportionment, and may also order the recalculation of
305	apportionment factors to those applicable under s. 220.15 if, as
306	the result of an audit, investigation, or examination, it
307	determines that information provided by the taxpayer in the
308	application, or in a statement, representation, record, report,
309	plan, or other document provided to the office to become
310	eligible for apportionment, was materially false at the time it
311	was made and that an individual acting on behalf of the taxpayer
312	knew, or should have known, that the information submitted was
313	false. The taxpayer shall pay such additional taxes and interest
314	as may be due pursuant to this chapter computed as the
315	difference between the tax that would have been due under the
316	apportionment formula provided in s. 220.15 for such years and
317	the tax actually paid. In addition, the department shall assess
318	a penalty equal to 100 percent of the additional tax due.
319	(c)  The Office of Tourism, Trade, and Economic Development
320	shall immediately notify the department of an order affecting a
321	taxpayer's eligibility to apportion tax pursuant to this
322	section. A taxpayer who is liable for past tax must file an
323	amended return with the department, or such other report as the
324	department prescribes by rule, and pay any required tax,
325	interest, and penalty within 60 days after the taxpayer receives
326	notification from the office that the previously approved
327	credits have been revoked. If the revocation is contested, the
328	taxpayer shall file an amended return or other report within 30
329	days after an order becomes final. A taxpayer who fails to pay
330	the past tax, interest, and penalty by the due date is subject
331	to the penalties provided in s. 220.803.
332	(5)  RULES.-The Office of Tourism, Trade, and Economic
333	Development and the department may adopt rules to administer
334	this section.
335	Section 7.  Effective January 1, 2012, section 220.194,
336	Florida Statutes, is created to read:
337	220.194  Emergency excise tax credit.-
338	(1)  Beginning with taxable years ending in 2012, a
339	taxpayer who has earned, but not yet taken, a credit for
340	emergency excise tax paid under former s. 221.02 may take such
341	credit against the tax imposed by this chapter.
342	(2)  If a credit granted pursuant to this section is not
343	fully used in taxable years ending in 2012 because of
344	insufficient tax liability on the part of the taxpayer, the
345	unused amount may be carried forward for a period not to exceed
346	5 years. The carryover credit may be used in a subsequent year
347	when the tax imposed by this chapter for such year exceeds the
348	credit for such year, after applying the other credits and
349	unused credit carryovers in the order provided in s. 220.02(8).
350	Section 8.  Effective January 1, 2012, subsection (4) of
351	section 220.801, Florida Statutes, is amended to read:
352	220.801  Penalties; failure to timely file returns.-
353	(4)  The provisions of this section shall specifically
354	apply to the notice of federal change required under s. 220.23,
355	and to any tax returns required under chapter 221, relating to
356	the emergency excise tax.
357	Section 9.  Effective January 1, 2012, section 213.05,
358	Florida Statutes, is amended to read:
359	213.05  Department of Revenue; control and administration
360	of revenue laws.-The Department of Revenue shall have only those
361	responsibilities for ad valorem taxation specified to the
362	department in chapter 192, taxation, general provisions; chapter
363	193, assessments; chapter 194, administrative and judicial
364	review of property taxes; chapter 195, property assessment
365	administration and finance; chapter 196, exemption; chapter 197,
366	tax collections, sales, and liens; chapter 199, intangible
367	personal property taxes; and chapter 200, determination of
368	millage. The Department of Revenue shall have the responsibility
369	of regulating, controlling, and administering all revenue laws
370	and performing all duties as provided in s. 125.0104, the Local
371	Option Tourist Development Act; s. 125.0108, tourist impact tax;
372	chapter 198, estate taxes; chapter 201, excise tax on documents;
373	chapter 202, communications services tax; chapter 203, gross
374	receipts taxes; chapter 206, motor and other fuel taxes; chapter
375	211, tax on production of oil and gas and severance of solid
376	minerals; chapter 212, tax on sales, use, and other
377	transactions; chapter 220, income tax code; chapter 221,
378	emergency excise tax; ss. 336.021 and 336.025, taxes on motor
379	fuel and special fuel; s. 376.11, pollutant spill prevention and
380	control; s. 403.718, waste tire fees; s. 403.7185, lead-acid
381	battery fees; s. 538.09, registration of secondhand dealers; s.
382	538.25, registration of secondary metals recyclers; s. 624.4621,
383	group self-insurer's fund premium tax; s. 624.5091, retaliatory
384	tax; s. 624.475, commercial self-insurance fund premium tax; ss.
385	624.509-624.511, insurance code: administration and general
386	provisions; s. 624.515, State Fire Marshal regulatory
387	assessment; s. 627.357, medical malpractice self-insurance
388	premium tax; s. 629.5011, reciprocal insurers premium tax; and
389	s. 681.117, motor vehicle warranty enforcement.
390	Section 10.  Effective January 1, 2012, subsection (1) and
391	paragraph (k) of subsection (8) of section 213.053, Florida
392	Statutes, as amended by chapter 2010-280, Laws of Florida, are
393	amended to read:
394	213.053  Confidentiality and information sharing.-
395	(1)  This section applies to:
396	(a)  Section 125.0104, county government;
397	(b)  Section 125.0108, tourist impact tax;
398	(c)  Chapter 175, municipal firefighters' pension trust
399	funds;
400	(d)  Chapter 185, municipal police officers' retirement
401	trust funds;
402	(e)  Chapter 198, estate taxes;
403	(f)  Chapter 199, intangible personal property taxes;
404	(g)  Chapter 201, excise tax on documents;
405	(h)  Chapter 202, the Communications Services Tax
406	Simplification Law;
407	(i)  Chapter 203, gross receipts taxes;
408	(j)  Chapter 211, tax on severance and production of
409	minerals;
410	(k)  Chapter 212, tax on sales, use, and other
411	transactions;
412	(l)  Chapter 220, income tax code;
413	(m)  Chapter 221, emergency excise tax;
414	(m)(n)  Section 252.372, emergency management,
415	preparedness, and assistance surcharge;
416	(n)(o)  Section 379.362(3), Apalachicola Bay oyster
417	surcharge;
418	(o)(p)  Chapter 376, pollutant spill prevention and
419	control;
420	(p)(q)  Section 403.718, waste tire fees;
421	(q)(r)  Section 403.7185, lead-acid battery fees;
422	(r)(s)  Section 538.09, registration of secondhand dealers;
423	(s)(t)  Section 538.25, registration of secondary metals
424	recyclers;
425	(t)(u)  Sections 624.501 and 624.509-624.515, insurance
426	code;
427	(u)(v)  Section 681.117, motor vehicle warranty
428	enforcement; and
429	(v)(w)  Section 896.102, reports of financial transactions
430	in trade or business.
431	(8)  Notwithstanding any other provision of this section,
432	the department may provide:
433	(k)1.  Payment information relative to chapters 199, 201,
434	202, 212, 220, 221, and 624 and former chapter 221 to the Office
435	of Tourism, Trade, and Economic Development, or its employees or
436	agents that are identified in writing by the office to the
437	department, in the administration of the tax refund program for
438	qualified defense contractors and space flight business
439	contractors authorized by s. 288.1045 and the tax refund program
440	for qualified target industry businesses authorized by s.
441	288.106.
442	2.  Information relative to tax credits taken by a business
443	under s. 220.191 and exemptions or tax refunds received by a
444	business under s. 212.08(5)(j) to the Office of Tourism, Trade,
445	and Economic Development, or its employees or agents that are
446	identified in writing by the office to the department, in the
447	administration and evaluation of the capital investment tax
448	credit program authorized in s. 220.191 and the semiconductor,
449	defense, and space tax exemption program authorized in s.
450	212.08(5)(j).
451	3.  Information relative to tax credits taken by a taxpayer
452	pursuant to the tax credit programs created in ss. 193.017;
453	212.08(5)(g),(h),(n),(o) and (p); 212.08(15); 212.096; 212.097;
454	212.098; 220.181; 220.182; 220.183; 220.184; 220.1845; 220.185;
455	220.1895; 220.19; 220.191; 220.192; 220.193; 288.0656; 288.99;
456	290.007; 376.30781; 420.5093; 420.5099; 550.0951; 550.26352;
457	550.2704; 601.155; 624.509; 624.510; 624.5105; and 624.5107 to
458	the Office of Tourism, Trade, and Economic Development, or its
459	employees or agents that are identified in writing by the office
460	to the department, for use in the administration or evaluation
461	of such programs.
462	4.  Information relative to single sales factor
463	apportionment used by a taxpayer to the Office of Tourism,
464	Trade, and Economic Development or its employees or agents who
465	are identified in writing by the office to the department for
466	use by the office to administer s. 220.153.
467
468	Disclosure of information under this subsection shall be
469	pursuant to a written agreement between the executive director
470	and the agency. Such agencies, governmental or nongovernmental,
471	shall be bound by the same requirements of confidentiality as
472	the Department of Revenue. Breach of confidentiality is a
473	misdemeanor of the first degree, punishable as provided by s.
474	775.082 or s. 775.083.
475	Section 11.  Effective January 1, 2012, subsection (12) of
476	section 213.255, Florida Statutes, is amended to read:
477	213.255  Interest.-Interest shall be paid on overpayments
478	of taxes, payment of taxes not due, or taxes paid in error,
479	subject to the following conditions:
480	(12)  The rate of interest shall be the adjusted rate
481	established pursuant to s. 213.235, except that the annual rate
482	of interest shall never be greater than 11 percent. This annual
483	rate of interest shall be applied to all refunds of taxes
484	administered by the department except for corporate income taxes
485	and emergency excise taxes governed by ss. 220.721 and 220.723.
486	Section 12.  Effective January 1, 2012, chapter 221,
487	Florida Statutes, consisting of sections 221.01, 221.02, 221.04,
488	and 221.05, is repealed.
489	Section 13.  Effective January 1, 2012, paragraph (a) of
490	subsection (6) of section 288.075, Florida Statutes, is amended
491	to read:
492	288.075  Confidentiality of records.-
493	(6)  ECONOMIC INCENTIVE PROGRAMS.-
494	(a)  The following information held by an economic
495	development agency pursuant to the administration of an economic
496	incentive program for qualified businesses is confidential and
497	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
498	Constitution for a period not to exceed the duration of the
499	incentive agreement, including an agreement authorizing a tax
500	refund or tax credit, or upon termination of the incentive
501	agreement:
502	1.  The percentage of the business's sales occurring
503	outside this state and, for businesses applying under s.
504	288.1045, the percentage of the business's gross receipts
505	derived from Department of Defense contracts during the 5 years
506	immediately preceding the date the business's application is
507	submitted.
508	2.  The anticipated wages for the project jobs that the
509	business plans to create, as reported on the application for
510	certification.
511	3.  The average wage actually paid by the business for
512	those jobs created by the project or an employee's personal
513	identifying information which is held as evidence of the
514	achievement or nonachievement of the wage requirements of the
515	tax refund, tax credit, or incentive agreement programs or of
516	the job creation requirements of such programs.
517	4.  The amount of:
518	a.  Taxes on sales, use, and other transactions paid
519	pursuant to chapter 212;
520	b.  Corporate income taxes paid pursuant to chapter 220;
521	c.  Intangible personal property taxes paid pursuant to
522	chapter 199;
523	d.  Emergency excise taxes paid pursuant to chapter 221;
524	d.e.  Insurance premium taxes paid pursuant to chapter 624;
525	e.f.  Excise taxes paid on documents pursuant to chapter
526	201;
527	f.g.  Ad valorem taxes paid, as defined in s. 220.03(1); or
528	g.h.  State communications services taxes paid pursuant to
529	chapter 202.
530	Section 14.  Effective January 1, 2012, paragraph (f) of
531	subsection (2) of section 288.1045, Florida Statutes, is amended
532	to read:
533	288.1045  Qualified defense contractor and space flight
534	business tax refund program.-
535	(2)  GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.-
536	(f)  After entering into a tax refund agreement pursuant to
537	subsection (4), a qualified applicant may:
538	1.  Receive refunds from the account for corporate income
539	taxes due and paid pursuant to chapter 220 by that business
540	beginning with the first taxable year of the business which
541	begins after entering into the agreement.
542	2.  Receive refunds from the account for the following
543	taxes due and paid by that business after entering into the
544	agreement:
545	a.  Taxes on sales, use, and other transactions paid
546	pursuant to chapter 212.
547	b.  Intangible personal property taxes paid pursuant to
548	chapter 199.
549	c.  Emergency excise taxes paid pursuant to chapter 221.
550	c.d.  Excise taxes paid on documents pursuant to chapter
551	201.
552	d.e.  Ad valorem taxes paid, as defined in s. 220.03(1)(a)
553	on June 1, 1996.
554	e.f.  State communications services taxes administered
555	under chapter 202. This provision does not apply to the gross
556	receipts tax imposed under chapter 203 and administered under
557	chapter 202 or the local communications services tax authorized
558	under s. 202.19.
559
560	However, a qualified applicant may not receive a tax refund
561	pursuant to this section for any amount of credit, refund, or
562	exemption granted such contractor for any of such taxes. If a
563	refund for such taxes is provided by the office, which taxes are
564	subsequently adjusted by the application of any credit, refund,
565	or exemption granted to the qualified applicant other than that
566	provided in this section, the qualified applicant shall
567	reimburse the Economic Development Trust Fund for the amount of
568	such credit, refund, or exemption. A qualified applicant must
569	notify and tender payment to the office within 20 days after
570	receiving a credit, refund, or exemption, other than that
571	provided in this section. The addition of communications
572	services taxes administered under chapter 202 is remedial in
573	nature and retroactive to October 1, 2001. The office may make
574	supplemental tax refund payments to allow for tax refunds for
575	communications services taxes paid by an eligible qualified
576	defense contractor after October 1, 2001.
577	Section 15.  Effective January 1, 2012, paragraph (d) of
578	subsection (3) of section 288.106, Florida Statutes, is amended
579	to read:
580	288.106  Tax refund program for qualified target industry
581	businesses.-
582	(3)  TAX REFUND; ELIGIBLE AMOUNTS.-
583	(d)  After entering into a tax refund agreement under
584	subsection (5), a qualified target industry business may:
585	1.  Receive refunds from the account for the following
586	taxes due and paid by that business beginning with the first
587	taxable year of the business that begins after entering into the
588	agreement:
589	a.  Corporate income taxes under chapter 220.
590	b.  Insurance premium tax under s. 624.509.
591	2.  Receive refunds from the account for the following
592	taxes due and paid by that business after entering into the
593	agreement:
594	a.  Taxes on sales, use, and other transactions under
595	chapter 212.
596	b.  Intangible personal property taxes under chapter 199.
597	c.  Emergency excise taxes under chapter 221.
598	c.d.  Excise taxes on documents under chapter 201.
599	d.e.  Ad valorem taxes paid, as defined in s. 220.03(1).
600	e.f.  State communications services taxes administered
601	under chapter 202. This provision does not apply to the gross
602	receipts tax imposed under chapter 203 and administered under
603	chapter 202 or the local communications services tax authorized
604	under s. 202.19.
605	Section 16.  Paragraph (h) of subsection (1), paragraphs
606	(c) and (e) of subsection (3), paragraph (b) of subsection (4),
607	and paragraph (a) of subsection (7) of section 288.1254, Florida
608	Statutes are amended, and paragraphs (k), (l), (m), and (n) are
609	added to subsection (1) of that section, to read:
610	288.1254  Entertainment industry financial incentive
611	program.-
612	(1)  DEFINITIONS.-As used in this section, the term:
613	(h)  "Qualified expenditures" means production expenditures
614	incurred in this state by a qualified production for:
615	1.  Goods purchased or leased from, or services, including,
616	but not limited to, insurance costs and bonding, payroll
617	services, and legal fees, which are provided by, a vendor or
618	supplier in this state that is registered with the Department of
619	State or the Department of Revenue, has a physical location in
620	this state, and employs one or more legal residents of this
621	state. This does not include re-billed goods or services
622	provided by an in-state company from out-of-state vendors or
623	suppliers. When services are provided by the vendor or supplier
624	include personal services or labor, only personal services or
625	labor provided by residents of this state, evidenced by the
626	required documentation of residency in this state, qualify.
627	2.  Payments to legal residents of this state in the form
628	of salary, wages, or other compensation up to a maximum of
629	$400,000 per resident unless otherwise specified in subsection
630	(4). A completed declaration of residency in this state must
631	accompany the documentation submitted to the office for
632	reimbursement.
633
634	For a qualified production involving an event, such as an awards
635	show, the term does not include expenditures solely associated
636	with the event itself and not directly required by the
637	production. The term does not include expenditures incurred
638	before certification, with the exception of those incurred for a
639	commercial, a music video, or the pickup of additional episodes
640	of a high-impact television series within a single season. Under
641	no circumstances may the qualified production include in the
642	calculation for qualified expenditures the original purchase
643	price for equipment or other tangible property that is later
644	sold or transferred by the qualified production for
645	consideration. In such cases, the qualified expenditure is the
646	net of the original purchase price minus the consideration
647	received upon sale or transfer.
648	(k)  "Qualified production facility" means a building or
649	complex of buildings and their improvements and associated
650	backlot facilities in which films and television productions are
651	or are intended to be regularly produced and which contain at
652	least one sound stage of at least 7,800 square feet, have
653	sufficient air-conditioning for shooting without the need for
654	supplemental units, and incorporate a permanent grid designed to
655	bear the load requirements for lighting for motion picture
656	production and sufficient built-in electric service for shooting
657	without the need for generators.
658	(l)  "Regional population ratio" means the ratio of the
659	population of a region to the population of this state. The
660	regional population ratio applicable to a given fiscal year is
661	the regional population ratio calculated by the Office of Film
662	and Entertainment using the latest official estimates of
663	population certified under s. 186.901, available on the first
664	day of that fiscal year.
665	(m)  "Regional tax credit ratio" means a ratio the
666	numerator of which is of the sum of tax credits awarded to
667	productions in a region to date plus the tax credits certified,
668	but not yet awarded, to productions currently in that region and
669	the denominator of which is the sum of all tax credits awarded
670	in the state to date plus all tax credits certified, but not yet
671	awarded, to productions currently in the state. The regional tax
672	credit ratio applicable to a given year is the regional tax
673	credit ratio calculated by the Office of Film and Entertainment
674	using credit award and certification information available on
675	the first day of that fiscal year.
676	(n)  "Underutilized region" for a given state fiscal year
677	means a region with a regional tax credit ratio applicable to
678	that fiscal year that is lower than its regional population
679	ratio applicable to that fiscal year. The following regions are
680	established for purposes of making this determination:
681	1.  North Region, consisting of Alachua, Baker, Bay,
682	Bradford, Calhoun, Clay, Columbia, Dixie, Duval, Escambia,
683	Franklin, Gadsden, Gilchrist, Gulf, Hamilton, Holmes, Jackson,
684	Jefferson, Lafayette, Leon, Levy, Liberty, Madison, Nassau,
685	Okaloosa, Putnam, Santa Rosa, St. Johns, Suwannee, Taylor,
686	Union, Wakulla, Walton, and Washington counties.
687	2.  Central East Region, consisting of Brevard, Flagler,
688	Indian River, Lake, Okeechobee, Orange, Osceola, Seminole, St.
689	Lucie, and Volusia counties.
690	3.  Central West Region, consisting of Citrus, Hernando,
691	Hillsborough, Manatee, Marion, Polk, Pasco, Pinellas, Sarasota,
692	and Sumter counties.
693	4.  Southwest Region, consisting of Charlotte, Collier,
694	DeSoto, Glades, Hardee, Hendry, Highlands, and Lee counties.
695	5.  Southeast Region, consisting of Broward, Martin, Miami-
696	Dade, Monroe, and Palm Beach counties.
697	(3)  APPLICATION PROCEDURE; APPROVAL PROCESS.-
698	(c)  Application process.-The Office of Film and
699	Entertainment shall establish a process by which an application
700	is accepted and reviewed and by which tax credit eligibility and
701	award amount are determined. The Office of Film and
702	Entertainment may request assistance from a duly appointed local
703	film commission in determining compliance with this section. A
704	high-impact television series may submit an application for no
705	more than two successive seasons, notwithstanding the fact that
706	the successive season has not been ordered. The successive
707	season qualified expenditure amounts shall be based on the
708	current season's estimated qualified expenditures.
709	(e)  Grounds for denial.-The Office of Film and
710	Entertainment shall deny an application if it determines that
711	the application is not complete or the production or application
712	does not meet the requirements of this section. Within 90 days
713	after submitting a program application, except with respect to
714	applications in the independent Florida filmmaker queue, a
715	production must establish verification of project financing to
716	the Office of Film and Entertainment, otherwise the project is
717	deemed denied and removed from the respective queue. A project
718	that has been denied is eligible for resubmittal upon proof of
719	financing.
720	(4)  TAX CREDIT ELIGIBILITY; TAX CREDIT AWARDS; QUEUES;
721	ELECTION AND DISTRIBUTION; CARRYFORWARD; CONSOLIDATED RETURNS;
722	PARTNERSHIP AND NONCORPORATE DISTRIBUTIONS; MERGERS AND
723	ACQUISITIONS.-
724	(b)  Tax credit eligibility.-
725	1.  General production queue.-Ninety-four percent of tax
726	credits authorized pursuant to subsection (6) in any state
727	fiscal year must be dedicated to the general production queue.
728	The general production queue consists of all qualified
729	productions other than those eligible for the commercial and
730	music video queue or the independent and emerging media
731	production queue. A qualified production that demonstrates a
732	minimum of $625,000 in qualified expenditures is eligible for
733	tax credits equal to 20 percent of its actual qualified
734	expenditures, up to a maximum of $8 million. A qualified
735	production that incurs qualified expenditures during multiple
736	state fiscal years may combine those expenditures to satisfy the
737	$625,000 minimum threshold.
738	a.  An off-season certified production that is a feature
739	film, independent film, or television series or pilot is
740	eligible for an additional 5-percent tax credit on actual
741	qualified expenditures. An off-season certified production that
742	does not complete 75 percent of principal photography due to a
743	disruption caused by a hurricane or tropical storm may not be
744	disqualified from eligibility for the additional 5-percent
745	credit as a result of the disruption.
746	b.  The calculations required by this sub-subparagraph
747	shall use only credits available to be certified and awarded on
748	or after July 1, 2011.
749	(I)  If less than 35 percent of the sum of the total tax
750	credits awarded to productions and the total tax credits
751	certified, but not yet awarded, to productions currently in this
752	state has been to high-impact television series, any A qualified
753	high-impact television series shall be allowed first position in
754	this queue for tax credit awards not yet certified.
755	(II)  If less than 20 percent of the sum of the total tax
756	credits awarded to productions and the total tax credits
757	certified, but not yet awarded, to productions currently in this
758	state has been to digital media projects, any digital media
759	project shall be allowed first position in this queue for tax
760	credit awards not yet certified.
761	(III)  For the purposes of determining position between a
762	high-impact television series allowed first position and a
763	digital media project allowed first position under this sub-
764	subparagraph, tax credits shall be awarded on a first-come,
765	first-served basis.
766	c.  A qualified production that incurs at least 85 percent
767	of its qualified expenditures within a region designated as an
768	underutilized region at the time that the production is
769	certified is eligible for an additional 5 percent tax credit.
770	d.  Any qualified production that employs students enrolled
771	full-time in a film and entertainment-related or digital media-
772	related course of study at an institution of higher education in
773	this state is eligible for an additional 15 percent tax credit
774	on qualified expenditures that are wages, salaries, or other
775	compensation paid to such students.
776	e.  A qualified production for which 50 percent or more of
777	its principal photography occurs at a qualified production
778	facility is eligible for an additional 5 percent tax credit on
779	actual qualified expenditures.
780	2.  Commercial and music video queue.-Three percent of tax
781	credits authorized pursuant to subsection (6) in any state
782	fiscal year must be dedicated to the commercial and music video
783	queue. A qualified production company that produces national or
784	regional commercials or music videos may be eligible for a tax
785	credit award if it demonstrates a minimum of $100,000 in
786	qualified expenditures per national or regional commercial or
787	music video and exceeds a combined threshold of $500,000 after
788	combining actual qualified expenditures from qualified
789	commercials and music videos during a single state fiscal year.
790	After a qualified production company that produces commercials,
791	music videos, or both reaches the threshold of $500,000, it is
792	eligible to apply for certification for a tax credit award. The
793	maximum credit award shall be equal to 20 percent of its actual
794	qualified expenditures up to a maximum of $500,000. If there is
795	a surplus at the end of a fiscal year after the Office of Film
796	and Entertainment certifies and determines the tax credits for
797	all qualified commercial and video projects, such surplus tax
798	credits shall be carried forward to the following fiscal year
799	and be available to any eligible qualified productions under the
800	general production queue.
801	3.  Independent and emerging media production queue.-Three
802	percent of tax credits authorized pursuant to subsection (6) in
803	any state fiscal year must be dedicated to the independent and
804	emerging media production queue. This queue is intended to
805	encourage Florida independent film and emerging media
806	production. Any qualified production, excluding commercials,
807	infomercials, or music videos, that demonstrates at least
808	$100,000, but not more than $625,000, in total qualified
809	expenditures is eligible for tax credits equal to 20 percent of
810	its actual qualified expenditures. If a surplus exists at the
811	end of a fiscal year after the Office of Film and Entertainment
812	certifies and determines the tax credits for all qualified
813	independent and emerging media production projects, such surplus
814	tax credits shall be carried forward to the following fiscal
815	year and be available to any eligible qualified productions
816	under the general production queue.
817	4.  Family-friendly productions.-A certified theatrical or
818	direct-to-video motion picture production or video game
819	determined by the Commissioner of Film and Entertainment, with
820	the advice of the Florida Film and Entertainment Advisory
821	Council, to be family-friendly, based on the review of the
822	script and the review of the final release version, is eligible
823	for an additional tax credit equal to 5 percent of its actual
824	qualified expenditures. Family-friendly productions are those
825	that have cross-generational appeal; would be considered
826	suitable for viewing by children age 5 or older; are appropriate
827	in theme, content, and language for a broad family audience;
828	embody a responsible resolution of issues; and do not exhibit or
829	imply any act of smoking, sex, nudity, or vulgar or profane
830	language.
831	(7)  ANNUAL ALLOCATION OF TAX CREDITS.-
832	(a)  The aggregate amount of the tax credits that may be
833	certified pursuant to paragraph (3)(d) may not exceed:
834	1.  For fiscal year 2010-2011, $53.5 million.
835	2.  For fiscal year 2011-2012, $74.5 million.
836	3.  For fiscal years 2012-2013, 2013-2014, and 2014-2015,
837	$50 $38 million per fiscal year.
838	Section 17.  Subsection (5) of section 288.1258, Florida
839	Statutes, is amended to read:
840	288.1258  Entertainment industry qualified production
841	companies; application procedure; categories; duties of the
842	Department of Revenue; records and reports.-
843	(5)  RELATIONSHIP OF TAX EXEMPTIONS AND INCENTIVES TO
844	INDUSTRY GROWTH; REPORT TO THE LEGISLATURE.-The Office of Film
845	and Entertainment shall keep annual records from the information
846	provided on taxpayer applications for tax exemption certificates
847	beginning January 1, 2001. These records shall reflect a ratio
848	of the annual amount of sales and use tax exemptions under this
849	section and incentives awarded pursuant to s. 288.1254 to the
850	estimated amount of funds expended by certified productions,
851	including productions that received incentives pursuant to s.
852	288.1254. These records also shall reflect a separate ratio of
853	the annual amount of sales and use tax exemptions under this
854	section, plus the incentives awarded pursuant to s. 288.1254 to
855	the estimated amount of funds expended by certified productions.
856	In addition, the office shall maintain data showing annual
857	growth in Florida-based entertainment industry companies and
858	entertainment industry employment and wages. The employment
859	information shall include an estimate of the full-time
860	equivalent positions created by each production that received
861	tax credits pursuant to s. 288.1254. The Office of Film and
862	Entertainment shall report this information to the Legislature
863	no later than December 1 of each year.
864	Section 18.  Effective January 1, 2012, paragraph (d) is
865	added to subsection (6) of section 290.0055, Florida Statutes,
866	to read:
867	290.0055  Local nominating procedure.-
868	(6)
869	(d)1.  The governing body of a jurisdiction which has
870	nominated an application for an enterprise zone that is no
871	larger than 12 square miles and includes a portion of the state
872	designated as a rural area of critical economic concern under s.
873	288.0656(7) may apply to the Office of Tourism, Trade, and
874	Economic Development to expand the boundary of the enterprise
875	zone by not more than 3 square miles. An application to expand
876	the boundary of an enterprise zone under this paragraph must be
877	submitted by December 31, 2012.
878	2.  Notwithstanding the area limitations specified in
879	subsection (4), the Office of Tourism, Trade, and Economic
880	Development may approve the request for a boundary amendment if
881	the area continues to satisfy the remaining requirements of this
882	section.
883	3.  The Office of Tourism, Trade, and Economic Development
884	shall establish the initial effective date of an enterprise zone
885	designated under this paragraph.
886	Section 19.  Effective January 1, 2012, section 290.00726,
887	Florida Statutes, is created to read:
888	290.00726  Enterprise zone designation for Martin County.-
889	Martin County may apply to the Office of Tourism, Trade, and
890	Economic Development for designation of one enterprise zone for
891	an area within Martin County, which zone shall encompass an area
892	of up to 10 square miles consisting of land within the primary
893	urban services boundary and focusing on Indiantown, but
894	excluding property owned by Florida Power and Light to the west,
895	two areas to the north designated as estate residential, and the
896	county-owned Timer Powers Recreational Area. Within the
897	designated enterprise zone, Martin County shall exempt
898	residential condominiums from benefiting from state enterprise
899	zone incentives, unless prohibited by law. The application must
900	have been submitted by December 31, 2011, and must comply with
901	the requirements of s. 290.0055. Notwithstanding s. 290.0065
902	limiting the total number of enterprise zones designated and the
903	number of enterprise zones within a population category, the
904	Office of Tourism, Trade, and Economic Development may designate
905	one enterprise zone under this section. The Office of Tourism,
906	Trade, and Economic Development shall establish the initial
907	effective date of the enterprise zone designated under this
908	section.
909	Section 20.  Section 290.00727, Florida Statutes, is
910	created to read:
911	290.00727  Enterprise zone designation for the City of Palm
912	Bay.-The City of Palm Bay may apply to the Office of Tourism,
913	Trade, and Economic Development for designation of one
914	enterprise zone for an area within the northeast portion of the
915	city, which zone shall encompass an area of up to 5 square
916	miles. The application must have been submitted by December 31,
917	2011, and must comply with the requirements of s. 290.0055.
918	Notwithstanding s. 290.0065 limiting the total number of
919	enterprise zones designated and the number of enterprise zones
920	within a population category, the Office of Tourism, Trade, and
921	Economic Development may designate one enterprise zone under
922	this section. The Office of Tourism, Trade, and Economic
923	Development shall establish the initial effective date of the
924	enterprise zone designated under this section.
925	Section 21.  Section 290.00728, Florida Statutes, is
926	created to read:
927	290.00728  Enterprise zone designation for Lake County.-
928	Lake County may apply to the Office of Tourism, Trade, and
929	Economic Development for designation of one enterprise zone,
930	which zone shall encompass an area of up to 10 square miles
931	within Lake County. The application must have been submitted by
932	December 31, 2011, and must comply with the requirements of s.
933	290.0055. Notwithstanding s. 290.0065 limiting the total number
934	of enterprise zones designated and the number of enterprise
935	zones within a population category, the Office of Tourism,
936	Trade, and Economic Development may designate one enterprise
937	zone under this section. The Office of Tourism, Trade, and
938	Economic Development shall establish the initial effective date
939	of the enterprise zone designated under this section.
940	Section 22.  Effective January 1, 2012, subsection (1) of
941	section 334.30, Florida Statutes, is amended to read:
942	334.30  Public-private transportation facilities.-The
943	Legislature finds and declares that there is a public need for
944	the rapid construction of safe and efficient transportation
945	facilities for the purpose of traveling within the state, and
946	that it is in the public's interest to provide for the
947	construction of additional safe, convenient, and economical
948	transportation facilities.
949	(1)  The department may receive or solicit proposals and,
950	with legislative approval as evidenced by approval of the
951	project in the department's work program, enter into agreements
952	with private entities, or consortia thereof, for the building,
953	operation, ownership, or financing of transportation facilities.
954	The department may advance projects programmed in the adopted 5-
955	year work program or projects increasing transportation capacity
956	and greater than $500 million in the 10-year Strategic
957	Intermodal Plan using funds provided by public-private
958	partnerships or private entities to be reimbursed from
959	department funds for the project as programmed in the adopted
960	work program. The department shall by rule establish an
961	application fee for the submission of unsolicited proposals
962	under this section. The fee must be sufficient to pay the costs
963	of evaluating the proposals. The department may engage the
964	services of private consultants to assist in the evaluation.
965	Before approval, the department must determine that the proposed
966	project:
967	(a)  Is in the public's best interest;
968	(b)  Would not require state funds to be used unless the
969	project is on the State Highway System;
970	(c)  Would have adequate safeguards in place to ensure that
971	no additional costs or service disruptions would be realized by
972	the traveling public and residents of the state in the event of
973	default or cancellation of the agreement by the department;
974	(d)  Would have adequate safeguards in place to ensure that
975	the department or the private entity has the opportunity to add
976	capacity to the proposed project and other transportation
977	facilities serving similar origins and destinations; and
978	(e)  Would be owned by the department upon completion or
979	termination of the agreement.
980
981	The department shall ensure that all reasonable costs to the
982	state, related to transportation facilities that are not part of
983	the State Highway System, are borne by the private entity. The
984	department shall also ensure that all reasonable costs to the
985	state and substantially affected local governments and
986	utilities, related to the private transportation facility, are
987	borne by the private entity for transportation facilities that
988	are owned by private entities. For projects on the State Highway
989	System, the department may use state resources to participate in
990	funding and financing the project as provided for under the
991	department's enabling legislation. Because the Legislature
992	recognizes that private entities or consortia thereof would
993	perform a governmental or public purpose or function when they
994	enter into agreements with the department to design, build,
995	operate, own, or finance transportation facilities, the
996	transportation facilities, including leasehold interests
997	thereof, are exempt from ad valorem taxes as provided in chapter
998	196 to the extent property is owned by the state or other
999	government entity, and from intangible taxes as provided in
1000	chapter 199 and special assessments of the state, any city,
1001	town, county, special district, political subdivision of the
1002	state, or any other governmental entity. The private entities or
1003	consortia thereof are exempt from tax imposed by chapter 201 on
1004	all documents or obligations to pay money which arise out of the
1005	agreements to design, build, operate, own, lease, or finance
1006	transportation facilities. Any private entities or consortia
1007	thereof must pay any applicable corporate taxes as provided in
1008	chapter chapters 220 and 221, and unemployment compensation
1009	taxes as provided in chapter 443, and sales and use tax as
1010	provided in chapter 212 shall be applicable. The private
1011	entities or consortia thereof must also register and collect the
1012	tax imposed by chapter 212 on all their direct sales and leases
1013	that are subject to tax under chapter 212. The agreement between
1014	the private entity or consortia thereof and the department
1015	establishing a transportation facility under this chapter
1016	constitutes documentation sufficient to claim any exemption
1017	under this section.
1018	Section 23.  Effective January 1, 2012, subsection (4),
1019	paragraph (a) of subsection (6), and subsection (7) of section
1020	624.509, Florida Statutes, are amended to read:
1021	624.509  Premium tax; rate and computation.-
1022	(4)  The income tax imposed under chapter 220 and the
1023	emergency excise tax imposed under chapter 221 which is are paid
1024	by any insurer shall be credited against, and to the extent
1025	thereof shall discharge, the liability for tax imposed by this
1026	section for the annual period in which such tax payments are
1027	made. As to any insurer issuing policies insuring against loss
1028	or damage from the risks of fire, tornado, and certain casualty
1029	lines, the tax imposed by this section, as intended and
1030	contemplated by this subsection, shall be construed to mean the
1031	net amount of such tax remaining after there has been credited
1032	thereon such gross premium receipts tax as may be payable by
1033	such insurer in pursuance of the imposition of such tax by any
1034	incorporated cities or towns in the state for firefighters'
1035	relief and pension funds and police officers' retirement funds
1036	maintained in such cities or towns, as provided in and by
1037	relevant provisions of the Florida Statutes. For purposes of
1038	this subsection, payments of estimated income tax under chapter
1039	220 and of estimated emergency excise tax under chapter 221
1040	shall be deemed paid either at the time the insurer actually
1041	files its annual returns under chapter 220 or at the time such
1042	returns are required to be filed, whichever first occurs, and
1043	not at such earlier time as such payments of estimated tax are
1044	actually made.
1045	(6)(a)  The total of the credit granted for the taxes paid
1046	by the insurer under chapter chapters 220 and 221 and the credit
1047	granted by subsection (5) may shall not exceed 65 percent of the
1048	tax due under subsection (1) after deducting therefrom the taxes
1049	paid by the insurer under ss. 175.101 and 185.08 and any
1050	assessments pursuant to s. 440.51.
1051	(7)  Credits and deductions against the tax imposed by this
1052	section shall be taken in the following order: deductions for
1053	assessments made pursuant to s. 440.51; credits for taxes paid
1054	under ss. 175.101 and 185.08; credits for income taxes paid
1055	under chapter 220, the emergency excise tax paid under chapter
1056	221 and the credit allowed under subsection (5), as these
1057	credits are limited by subsection (6); all other available
1058	credits and deductions.
1059	Section 24.  Effective January 1, 2012, subsection (1) of
1060	section 624.51055, Florida Statutes, is amended to read:
1061	624.51055  Credit for contributions to eligible nonprofit
1062	scholarship-funding organizations.-
1063	(1)  There is allowed a credit of 100 percent of an
1064	eligible contribution made to an eligible nonprofit scholarship-
1065	funding organization under s. 1002.395 against any tax due for a
1066	taxable year under s. 624.509(1). However, such a credit may not
1067	exceed 75 percent of the tax due under s. 624.509(1) after
1068	deducting from such tax deductions for assessments made pursuant
1069	to s. 440.51; credits for taxes paid under ss. 175.101 and
1070	185.08; credits for income taxes paid under chapter 220; credits
1071	for the emergency excise tax paid under chapter 221; and the
1072	credit allowed under s. 624.509(5), as such credit is limited by
1073	s. 624.509(6). An insurer claiming a credit against premium tax
1074	liability under this section shall not be required to pay any
1075	additional retaliatory tax levied pursuant to s. 624.5091 as a
1076	result of claiming such credit. Section 624.5091 does not limit
1077	such credit in any manner.
1078	Section 25.  (1)  The executive director of the Department
1079	of Revenue is authorized, and all conditions are deemed met, to
1080	adopt emergency rules under ss. 120.536(1) and 120.54(4),
1081	Florida Statutes, for the purpose of implementing this act.
1082	(2)  Notwithstanding any other provision of law, such
1083	emergency rules shall remain in effect for 6 months after the
1084	date adopted and may be renewed during the pendency of
1085	procedures to adopt permanent rules addressing the subject of
1086	the emergency rules.
1087	Section 26.  Effective July 1, 2011, there is appropriated
1088	for the 2011-2012 state fiscal year to the Office of Tourism,
1089	Trade, and Economic Development within the Executive Office of
1090	the Governor:
1091	(1)  The sum of $44,500,000 in nonrecurring funds from the
1092	General Revenue Fund to the State Economic Enhancement and
1093	Development Trust Fund for the purposes set forth in this
1094	section.
1095	(2)  The sum of $44,500,000 from the State Economic
1096	Enhancement and Development Trust Fund to the Office of Tourism,
1097	Trade and Economic Development within the Executive Office of
1098	the Governor for business expansion and creation opportunities
1099	using any one or more of the following incentive programs:
1100	(a)  Quick-response training for economic development
1101	pursuant to s. 288.047.
1102	(b)  The Incumbent Worker Training Program pursuant to s.
1103	445.003.
1104	(c)  Contracts for transportation projects pursuant to s.
1105	288.063.
1106	(d)  The qualified defense contractor and space flight
1107	business tax refund program pursuant to s. 288.1045.
1108	(e)  The tax refund program for qualified target industry
1109	businesses pursuant to s. 288.106.
1110	(f)  Brownfield redevelopment bonus refunds pursuant to s.
1111	288.107.
1112	(g)  High-impact business pursuant to s. 288.108.
1113	(h)  The Quick Action Closing Fund pursuant to s. 288.1088.
1114	(i)  The Innovation Incentive Program pursuant to s.
1115	288.1089.
1116	(j)  Space Florida for business development.
1117	Section 27.  Except as otherwise expressly provided in this
1118	act, this act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.