Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. HB 7087, 2nd Eng.
       
       
       
       
       
       
                                Barcode 401580                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  03/07/2012           .                                
                                       .                                
                Floor: 1/RE/2R         .                                
             03/09/2012 01:48 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Budget (Alexander) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (2) of section
    6  196.199, Florida Statutes, is amended to read:
    7         196.199 Government property exemption.—
    8         (2) Property owned by the following governmental units but
    9  used by nongovernmental lessees shall only be exempt from
   10  taxation under the following conditions:
   11         (a) Leasehold interests in property of the United States,
   12  of the state or any of its several political subdivisions, or of
   13  municipalities, agencies, authorities, and other public bodies
   14  corporate of the state shall be exempt from ad valorem taxation
   15  and the intangible tax pursuant to paragraph (b) only when the
   16  lessee serves or performs a governmental, municipal, or public
   17  purpose or function, as defined in s. 196.012(6). In all such
   18  cases, all other interests in the leased property shall also be
   19  exempt from ad valorem taxation. However, a leasehold interest
   20  in property of the state may not be exempted from ad valorem
   21  taxation when a nongovernmental lessee uses such property for
   22  the operation of a multipurpose hazardous waste treatment
   23  facility.
   24         Section 2. The amendment to s. 196.199, Florida Statutes,
   25  made by this act shall take effect upon this act becoming a law
   26  and shall apply retroactively to all governmental leaseholds in
   27  existence as of January 1, 2011. This section is intended to be
   28  remedial in nature and does not create a right to a refund or
   29  require any governmental entity to refund any tax, penalty, or
   30  interest remitted to the Department of Revenue before the
   31  effective date of this act.
   32         Section 3. Paragraph (b) of subsection (2) of section
   33  210.20, Florida Statutes, is amended, and paragraph (c) is added
   34  to subsection (2) of that section, to read:
   35         210.20 Employees and assistants; distribution of funds.—
   36         (2) As collections are received by the division from such
   37  cigarette taxes, it shall pay the same into a trust fund in the
   38  State Treasury designated “Cigarette Tax Collection Trust Fund”
   39  which shall be paid and distributed as follows:
   40         (b)1. Beginning January 1, 1999, and continuing for 10
   41  years thereafter, the division shall from month to month certify
   42  to the Chief Financial Officer the amount derived from the
   43  cigarette tax imposed by s. 210.02, less the service charges
   44  provided for in s. 215.20 and less 0.9 percent of the amount
   45  derived from the cigarette tax imposed by s. 210.02, which shall
   46  be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
   47  specifying an amount equal to 2.59 percent of the net
   48  collections, and that amount shall be paid to the Board of
   49  Directors of the H. Lee Moffitt Cancer Center and Research
   50  Institute, established under s. 1004.43, by warrant drawn by the
   51  Chief Financial Officer upon the State Treasury. These funds are
   52  hereby appropriated monthly out of the Cigarette Tax Collection
   53  Trust Fund, to be used for the purpose of constructing,
   54  furnishing, and equipping a cancer research facility at the
   55  University of South Florida adjacent to the H. Lee Moffitt
   56  Cancer Center and Research Institute. In fiscal years 1999-2000
   57  and thereafter with the exception of fiscal year 2008-2009, the
   58  appropriation to the H. Lee Moffitt Cancer Center and Research
   59  Institute authorized by this subparagraph shall not be less than
   60  the amount that would have been paid to the H. Lee Moffitt
   61  Cancer Center and Research Institute for fiscal year 1998-1999
   62  had payments been made for the entire fiscal year rather than
   63  for a 6-month period thereof.
   64         2. Beginning July 1, 2002, and continuing through June 30,
   65  2004, the division shall, in addition to the distribution
   66  authorized in subparagraph 1., from month to month certify to
   67  the Chief Financial Officer the amount derived from the
   68  cigarette tax imposed by s. 210.02, less the service charges
   69  provided for in s. 215.20 and less 0.9 percent of the amount
   70  derived from the cigarette tax imposed by s. 210.02, which shall
   71  be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
   72  specifying an amount equal to 0.2632 percent of the net
   73  collections, and that amount shall be paid to the Board of
   74  Directors of the H. Lee Moffitt Cancer Center and Research
   75  Institute, established under s. 1004.43, by warrant drawn by the
   76  Chief Financial Officer. Beginning July 1, 2004, and continuing
   77  through June 30, 2013 2020, the division shall, in addition to
   78  the distribution authorized in subparagraph 1., from month to
   79  month certify to the Chief Financial Officer the amount derived
   80  from the cigarette tax imposed by s. 210.02, less the service
   81  charges provided for in s. 215.20 and less 0.9 percent of the
   82  amount derived from the cigarette tax imposed by s. 210.02,
   83  which shall be deposited into the Alcoholic Beverage and Tobacco
   84  Trust Fund, specifying an amount equal to 1.47 percent of the
   85  net collections, and that amount shall be paid to the Board of
   86  Directors of the H. Lee Moffitt Cancer Center and Research
   87  Institute, established under s. 1004.43, by warrant drawn by the
   88  Chief Financial Officer. Beginning July 1, 2013, and continuing
   89  through June 30, 2033, the division shall from month to month
   90  certify to the Chief Financial Officer the amount derived from
   91  the cigarette tax imposed by s. 210.02, less the service charges
   92  provided for in s. 215.20 and less 0.9 percent of the amount
   93  derived from the cigarette tax imposed by s. 210.02, which shall
   94  be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
   95  specifying an amount equal to 2.75 percent of the net
   96  collections, and that amount shall be paid to the Board of
   97  Directors of the H. Lee Moffitt Cancer Center and Research
   98  Institute, established under s. 1004.43, by warrant drawn by the
   99  Chief Financial Officer. These funds are appropriated monthly
  100  out of the Cigarette Tax Collection Trust Fund, to be used for
  101  lawful purposes, including the purpose of constructing,
  102  furnishing, and equipping, financing, operating, and maintaining
  103  a cancer research and clinical and related facilities;
  104  furnishing, equipping, operating, and maintaining other
  105  properties owned or leased by facility at the University of
  106  South Florida adjacent to the H. Lee Moffitt Cancer Center and
  107  Research Institute; and paying costs incurred in connection with
  108  purchasing, financing, operating, and maintaining such
  109  equipment, facilities, and properties. In fiscal years 2004-2005
  110  and thereafter, the appropriation to the H. Lee Moffitt Cancer
  111  Center and Research Institute authorized by this subparagraph
  112  shall not be less than the amount that would have been paid to
  113  the H. Lee Moffitt Cancer Center and Research Institute in
  114  fiscal year 2001-2002, had this subparagraph been in effect.
  115         (c) Beginning July 1, 2013, and continuing through June 30,
  116  2021, the division shall from month to month certify to the
  117  Chief Financial Officer the amount derived from the cigarette
  118  tax imposed by s. 210.02, less the service charges provided for
  119  in s. 215.20 and less 0.9 percent of the amount derived from the
  120  cigarette tax imposed by s. 210.02, which shall be deposited
  121  into the Alcoholic Beverage and Tobacco Trust Fund, specifying
  122  an amount equal to 1 percent of the net collections, and that
  123  amount shall be deposited into the Biomedical Research Trust
  124  Fund in the Department of Health. These funds are appropriated
  125  annually in an amount not to exceed $3 million from the
  126  Biomedical Research Trust Fund for the Department of Health and
  127  the Sanford-Burnham Medical Research Institute to work in
  128  conjunction for the purpose of establishing activities and grant
  129  opportunities in relation to biomedical research.
  130         Section 4. Section 210.201, Florida Statutes, is amended to
  131  read:
  132         210.201 H. Lee Moffitt Cancer Center and Research Institute
  133  facilities Cancer research facility at the University of South
  134  Florida; establishment; funding.—The Board of Directors of the
  135  H. Lee Moffitt Cancer Center and Research Institute shall
  136  construct, furnish, and equip, and shall covenant to complete,
  137  the cancer research and clinical and related facilities of
  138  facility at the University of South Florida adjacent to the H.
  139  Lee Moffitt Cancer Center and Research Institute funded with
  140  proceeds from the Cigarette Tax Collection Trust Fund pursuant
  141  to s. 210.20. Moneys transferred to the Board of Directors of
  142  the H. Lee Moffitt Cancer Center and Research Institute pursuant
  143  to s. 210.20 may shall be used to secure financing to pay costs
  144  related to constructing, furnishing, and equipping, operating,
  145  and maintaining the cancer research and clinical and related
  146  facilities; furnishing, equipping, operating, and maintaining
  147  other leased or owned properties; and paying costs incurred in
  148  connection with purchasing, financing, operating, and
  149  maintaining such equipment, facilities, and properties as
  150  provided in s. 210.20 facility. Such financing may include the
  151  issuance of tax-exempt bonds or other forms of indebtedness by a
  152  local authority, municipality, or county pursuant to parts II
  153  and III of chapter 159. Such bonds shall not constitute state
  154  bonds for purposes of s. 11, Art. VII of the State Constitution,
  155  but shall constitute bonds of a “local agency,” as defined in s.
  156  159.27(4). The cigarette tax dollars pledged to facilities this
  157  facility pursuant to s. 210.20 may be replaced annually by the
  158  Legislature from tobacco litigation settlement proceeds.
  159         Section 5. Section 211.3103, Florida Statutes, is amended
  160  to read:
  161         211.3103 Levy of tax on severance of phosphate rock; rate,
  162  basis, and distribution of tax.—
  163         (1) There is hereby levied an excise tax upon each every
  164  person engaging in the business of severing phosphate rock from
  165  the soils or waters of this state for commercial use. The tax
  166  shall be collected, administered, and enforced by the
  167  department.
  168         (2)The tax rate shall be $1.61 per ton severed, except for
  169  the time period beginning January 1, 2015, until December 31,
  170  2022, when the tax rate shall be $1.80 per ton severed.
  171         (2) Beginning July 1, 2004, the proceeds of all taxes,
  172  interest, and penalties imposed under this section shall be paid
  173  into the State Treasury as follows:
  174         (a) The first $10 million in revenue collected from the tax
  175  during each fiscal year shall be paid to the credit of the
  176  Conservation and Recreation Lands Trust Fund.
  177         (b) The remaining revenues collected from the tax during
  178  that fiscal year, after the required payment under paragraph
  179  (a), shall be paid into the State Treasury as follows:
  180         1. To the credit of the General Revenue Fund of the state,
  181  40.1 percent.
  182         2. For payment to counties in proportion to the number of
  183  tons of phosphate rock produced from a phosphate rock matrix
  184  located within such political boundary, 16.5 percent. The
  185  department shall distribute this portion of the proceeds
  186  annually based on production information reported by the
  187  producers on the annual returns for the taxable year. Any such
  188  proceeds received by a county shall be used only for phosphate
  189  related expenses.
  190         3. For payment to counties that have been designated a
  191  rural area of critical economic concern pursuant to s. 288.0656
  192  in proportion to the number of tons of phosphate rock produced
  193  from a phosphate rock matrix located within such political
  194  boundary, 13 percent. The department shall distribute this
  195  portion of the proceeds annually based on production information
  196  reported by the producers on the annual returns for the taxable
  197  year. Payments under this subparagraph shall be made to the
  198  counties unless the Legislature by special act creates a local
  199  authority to promote and direct the economic development of the
  200  county. If such authority exists, payments shall be made to that
  201  authority.
  202         4. To the credit of the Phosphate Research Trust Fund in
  203  the Division of Universities of the Department of Education, 9.3
  204  percent.
  205         5. To the credit of the Minerals Trust Fund, 10.7 percent.
  206         6. To the credit of the Nonmandatory Land Reclamation Trust
  207  Fund, 10.4 percent.
  208         (3) Beginning July 1, 2003, and annually thereafter, the
  209  Department of Environmental Protection may use up to $2 million
  210  of the funds in the Nonmandatory Land Reclamation Trust Fund to
  211  purchase a surety bond or a policy of insurance, the proceeds of
  212  which would pay the cost of restoration, reclamation, and
  213  cleanup of any phosphogypsum stack system and phosphate mining
  214  activities in the event that an operator or permittee thereof
  215  has been subject to a final order of bankruptcy and all funds
  216  available therefrom are determined to be inadequate to
  217  accomplish such restoration, reclamation, and cleanup. This
  218  section does not imply that such operator or permittee is
  219  thereby relieved of its obligations or relieved of any
  220  liabilities pursuant to any other remedies at law,
  221  administrative remedies, statutory remedies, or remedies
  222  pursuant to bankruptcy law. The department shall adopt rules to
  223  implement this subsection, including the purchase and oversight
  224  of the bond or policy.
  225         (4) Funds distributed pursuant to subparagraphs (2)(b)3.
  226  and (11)(e)4. shall be used for:
  227         (a) Planning, preparing, and financing of infrastructure
  228  projects for job creation and capital investment, especially
  229  those related to industrial and commercial sites. Infrastructure
  230  investments may include the following public or public-private
  231  partnership facilities: stormwater systems, telecommunications
  232  facilities, roads or other remedies to transportation
  233  impediments, nature-based tourism facilities, or other physical
  234  requirements necessary to facilitate trade and economic
  235  development activities.
  236         (b) Maximizing the use of federal, local, and private
  237  resources, including, but not limited to, those available under
  238  the Small Cities Community Development Block Grant Program.
  239         (c) Projects that improve inadequate infrastructure that
  240  has resulted in regulatory action that prohibits economic or
  241  community growth, if such projects are related to specific job
  242  creation or job retention opportunities.
  243         (5) Beginning January 1, 2004, the tax rate shall be the
  244  base rate of $1.62 per ton severed.
  245         (6) Beginning January 1, 2005, and annually thereafter, the
  246  tax rate shall be the base rate times the base rate adjustment
  247  for the tax year as calculated by the department in accordance
  248  with subsection (8).
  249         (3)(7) The excise tax levied by this section applies shall
  250  apply to the total production of the producer during the taxable
  251  year, measured on the basis of bone-dry tons produced at the
  252  point of severance.
  253         (8)(a) On or before March 30, 2004, and annually
  254  thereafter, the department shall calculate the base rate
  255  adjustment, if any, for phosphate rock based on the change in
  256  the unadjusted annual producer price index for the prior
  257  calendar year in relation to the unadjusted annual producer
  258  price index for calendar year 1999.
  259         (b) For the purposes of determining the base rate
  260  adjustment for any year, the base rate adjustment shall be a
  261  fraction, the numerator of which is the unadjusted annual
  262  producer price index for the prior calendar year and the
  263  denominator of which is the unadjusted annual producer price
  264  index for calendar year 1999.
  265         (c) The department shall provide the base rate, the base
  266  rate adjustment, and the resulting tax rate to affected
  267  producers by written notice on or before April 15 of the current
  268  year.
  269         (d) If the producer price index for phosphate rock is
  270  substantially revised, the department shall make appropriate
  271  adjustment in the method used to compute the base rate
  272  adjustment under this subsection which will produce results
  273  reasonably consistent with the result that would have been
  274  obtained if the producer price index for phosphate rock had not
  275  been revised. However, the tax rate shall not be less than $1.51
  276  per ton severed.
  277         (e) If the producer price index for phosphate rock is
  278  discontinued, a comparable index shall be selected by the
  279  department and adopted by rule.
  280         (4)(9) The excise tax levied on the severance of phosphate
  281  rock is shall be in addition to any ad valorem taxes levied upon
  282  the separately assessed mineral interest in the real property
  283  upon which the site of severance is located, or any other tax,
  284  permit, or license fee imposed by the state or its political
  285  subdivisions.
  286         (5)(10) The tax levied by this section shall be collected
  287  in the manner prescribed in s. 211.33.
  288         (11)(a) Beginning July 1, 2008, there is hereby levied a
  289  surcharge of $1.38 per ton severed in addition to the excise tax
  290  levied by this section. The surcharge shall be levied until the
  291  last day of the calendar quarter in which the total revenue
  292  generated by the surcharge equals $60 million. Revenues derived
  293  from the surcharge shall be deposited into the Nonmandatory Land
  294  Reclamation Trust Fund and shall be exempt from the general
  295  revenue service charge provided in s. 215.20. Revenues derived
  296  from the surcharge shall be used to augment funds appropriated
  297  for the rehabilitation, management, and closure of the Piney
  298  Point and Mulberry sites and for approved reclamation of
  299  nonmandatory lands in accordance with chapter 378. A minimum of
  300  75 percent of the revenues from the surcharge shall be dedicated
  301  to the Piney Point and Mulberry sites.
  302         (b) Beginning July 1, 2008, the excise tax rate shall be
  303  $1.945 per ton severed and the base rate adjustment provided in
  304  subsection (6) shall not apply.
  305         (c)1. Beginning July 1 of the 2010-2011 fiscal year, the
  306  tax rate shall be the base rate of $1.71 per ton severed.
  307         2. Beginning July 1 of the 2011-2012 fiscal year, the tax
  308  rate shall be the base rate of $1.61 per ton severed.
  309         3.  The base rate adjustment provided in subsection (6)
  310  shall not apply until the conditions of paragraph (d) are met.
  311         (d) Beginning July 1 of the fiscal year following the date
  312  on which a taxpayer’s surcharge offset equals or exceeds the
  313  total amount of surcharge remitted by such taxpayer under
  314  paragraph (a), and each year thereafter, the excise tax rate
  315  levied on such taxpayer shall be adjusted as provided in
  316  subsection (6). The surcharge offset for each taxpayer is an
  317  amount calculated by the department equal to the cumulative
  318  difference between the amount of excise tax that would have been
  319  collected under subsections (5) and (6) and the excise tax
  320  collected under subparagraphs (c)1. and 2. from such taxpayer.
  321         (e) Beginning July 1 of the 2010-2011 fiscal year, the
  322  proceeds of all taxes, interest, and penalties imposed under
  323  this section shall be exempt from the general revenue service
  324  charge provided in s. 215.20, and shall be paid into the State
  325  Treasury as follows:
  326         1. To the credit of the Conservation and Recreation Lands
  327  Trust Fund, 21.9 percent.
  328         2. To the credit of the General Revenue Fund of the state,
  329  37.1 percent.
  330         3. For payment to counties in proportion to the number of
  331  tons of phosphate rock produced from a phosphate rock matrix
  332  located within such political boundary, 12 percent. The
  333  department shall distribute this portion of the proceeds
  334  annually based on production information reported by the
  335  producers on the annual returns for the taxable year. Any such
  336  proceeds received by a county shall be used only for phosphate
  337  related expenses.
  338         4. For payment to counties that have been designated a
  339  rural area of critical economic concern pursuant to s. 288.0656
  340  in proportion to the number of tons of phosphate rock produced
  341  from a phosphate rock matrix located within such political
  342  boundary, 9.4 percent. The department shall distribute this
  343  portion of the proceeds annually based on production information
  344  reported by the producers on the annual returns for the taxable
  345  year. Payments under this subparagraph shall be made to the
  346  counties unless the Legislature by special act creates a local
  347  authority to promote and direct the economic development of the
  348  county. If such authority exists, payments shall be made to that
  349  authority.
  350         5. To the credit of the Nonmandatory Land Reclamation Trust
  351  Fund, 5.8 percent.
  352         6. To the credit of the Phosphate Research Trust Fund in
  353  the Division of Universities of the Department of Education, 5.8
  354  percent.
  355         7. To the credit of the Minerals Trust Fund, 8.0 percent.
  356         (6)(a)(f) Beginning July 1 of the 2011-2012 fiscal year,
  357  the proceeds of all taxes, interest, and penalties imposed under
  358  this section are exempt from the general revenue service charge
  359  provided in s. 215.20, and such proceeds shall be paid into the
  360  State Treasury as follows:
  361         1. To the credit of the Conservation and Recreation Lands
  362  Trust Fund, 25.5 percent.
  363         2. To the credit of the General Revenue Fund of the state,
  364  35.7 percent.
  365         3. For payment to counties in proportion to the number of
  366  tons of phosphate rock produced from a phosphate rock matrix
  367  located within such political boundary, 12.8 percent. The
  368  department shall distribute this portion of the proceeds
  369  annually based on production information reported by the
  370  producers on the annual returns for the taxable year. Any such
  371  proceeds received by a county shall be used only for phosphate
  372  related expenses.
  373         4. For payment to counties that have been designated as a
  374  rural area of critical economic concern pursuant to s. 288.0656
  375  in proportion to the number of tons of phosphate rock produced
  376  from a phosphate rock matrix located within such political
  377  boundary, 10.0 percent. The department shall distribute this
  378  portion of the proceeds annually based on production information
  379  reported by the producers on the annual returns for the taxable
  380  year. Payments under this subparagraph shall be made to the
  381  counties unless the Legislature by special act creates a local
  382  authority to promote and direct the economic development of the
  383  county. If such authority exists, payments shall be made to that
  384  authority.
  385         5. To the credit of the Nonmandatory Land Reclamation Trust
  386  Fund, 6.2 percent.
  387         6. To the credit of the Phosphate Research Trust Fund in
  388  the Division of Universities of the Department of Education, 6.2
  389  percent.
  390         7. To the credit of the Minerals Trust Fund, 3.6 percent.
  391         (b) Notwithstanding paragraph (a), from January 1, 2015,
  392  until December 31, 2022, the proceeds of all taxes, interest,
  393  and penalties imposed under this section are exempt from the
  394  general revenue service charge provided in s. 215.20, and such
  395  proceeds shall be paid to the State Treasury as follows:
  396         1. To the credit of the Conservation and Recreation Lands
  397  Trust Fund, 22.8 percent.
  398         2. To the credit of the General Revenue Fund of the state,
  399  31.9 percent.
  400         3. For payment to counties pursuant to subparagraph (a)3.,
  401  11.5 percent.
  402         4. For payment to counties pursuant to subparagraph (a)4.,
  403  8.9 percent.
  404         5. To the credit of the Nonmandatory Land Reclamation Trust
  405  Fund, 16.1 percent.
  406         6. To the credit of the Phosphate Research Trust Fund in
  407  the Division of Universities of the Department of Education, 5.6
  408  percent.
  409         7. To the credit of the Minerals Trust Fund, 3.2 percent.
  410         (c)(g) For purposes of this section, “phosphate-related
  411  expenses” means those expenses that provide for infrastructure
  412  or services in support of the phosphate industry, reclamation or
  413  restoration of phosphate lands, community infrastructure on such
  414  reclaimed lands, and similar expenses directly related to
  415  support of the industry.
  416         Section 6. Paragraph (b) of subsection (1) of section
  417  211.02, Florida Statutes, is amended, present subsections (4)
  418  and (5) of that section are renumbered as subsections (5) and
  419  (6), respectively, and a new subsection (4) is added to that
  420  section, to read:
  421         211.02 Oil production tax; basis and rate of tax; tertiary
  422  oil and mature field recovery oil.—An excise tax is hereby
  423  levied upon every person who severs oil in the state for sale,
  424  transport, storage, profit, or commercial use. Except as
  425  otherwise provided in this part, the tax is levied on the basis
  426  of the entire production of oil in this state, including any
  427  royalty interest. Such tax shall accrue at the time the oil is
  428  severed and shall be a lien on production regardless of the
  429  place of sale, to whom sold, or by whom used, and regardless of
  430  the fact that delivery of the oil may be made outside the state.
  431         (1) The amount of tax shall be measured by the value of the
  432  oil produced and saved or sold during a month. The value of oil
  433  shall be taxed at the following rates:
  434         (b) Tertiary oil and mature field recovery oil:
  435         1. One percent of the gross value of oil on the value of
  436  oil $60 dollars and below;
  437         2. Seven percent of the gross value of oil on the value of
  438  oil above $60 and below $80; and
  439         3. Nine percent of the gross value of oil on the value of
  440  oil $80 and above.
  441         (4) As used in this section, the term “mature field
  442  recovery oil” means the barrels of oil recovered from new wells
  443  that begin production after July 1, 2012, in fields that were
  444  discovered prior to 1981.
  445         Section 7. Subsection (2) of section 211.06, Florida
  446  Statutes, is amended to read:
  447         211.06 Oil and Gas Tax Trust Fund; distribution of tax
  448  proceeds.—All taxes, interest, and penalties imposed under this
  449  part shall be collected by the department and placed in a
  450  special fund designated the “Oil and Gas Tax Trust Fund.”
  451         (2) Beginning July 1, 1995, The remaining proceeds in the
  452  Oil and Gas Tax Trust Fund shall be distributed monthly by the
  453  department and shall be paid into the State Treasury as follows:
  454         (a) To the credit of the General Revenue Fund of the state:
  455         1. Seventy-five percent of the proceeds from the oil
  456  production tax imposed under s. 211.02(1)(c).
  457         2. Sixty-three Sixty-seven and one-half percent of the
  458  proceeds from the tax on small well oil, and tertiary oil, and
  459  mature field recovery oil imposed under s. 211.02(1)(a) and (b).
  460         3. Sixty-seven and one-half percent of the proceeds from
  461  the tax on gas imposed under s. 211.025.
  462         4. Sixty-seven and one-half percent of the proceeds of the
  463  tax on sulfur imposed under s. 211.026.
  464         (b) To the credit of the general revenue fund of the board
  465  of county commissioners of the county where produced, subject to
  466  the service charge imposed under chapter 215:
  467         1. Twelve and one-half percent of the proceeds from the tax
  468  on oil imposed under s. 211.02(1)(c).
  469         2. Twenty percent of the proceeds from the tax on small
  470  well oil, and tertiary oil, and mature field recovery oil
  471  imposed under s. 211.02(1)(a) and (b).
  472         3. Twenty percent of the proceeds from the tax on gas
  473  imposed under s. 211.025.
  474         4. Twenty percent of the proceeds from the tax on sulfur
  475  imposed under s. 211.026.
  476         (c) To the credit of the Minerals Trust Fund:
  477         1. Twelve and one-half percent of the proceeds from the tax
  478  on oil imposed under s. 211.02(1)(c).
  479         2. Sixteen Twelve and one-half percent of the proceeds from
  480  the tax on small well oil, and tertiary oil, and mature field
  481  recovery oil imposed under s. 211.02(1)(a) and (b).
  482         3. Twelve and one-half percent of the proceeds from the tax
  483  on gas imposed under s. 211.025.
  484         4. Twelve and one-half percent of the proceeds from the tax
  485  on sulfur imposed under s. 211.026.
  486         Section 8. Effective January 1, 2013, paragraphs (b) and
  487  (e) of subsection (5) and paragraphs (ee) and (rr) of subsection
  488  (7) of section 212.08, Florida Statutes, are amended, and
  489  paragraph (hhh) and (iii) are added to subsection (7) of that
  490  section, to read:
  491         212.08 Sales, rental, use, consumption, distribution, and
  492  storage tax; specified exemptions.—The sale at retail, the
  493  rental, the use, the consumption, the distribution, and the
  494  storage to be used or consumed in this state of the following
  495  are hereby specifically exempt from the tax imposed by this
  496  chapter.
  497         (5) EXEMPTIONS; ACCOUNT OF USE.—
  498         (b) Machinery and equipment used to increase productive
  499  output.—
  500         1. Industrial machinery and equipment purchased for
  501  exclusive use by a new business in spaceport activities as
  502  defined by s. 212.02 or for use in new businesses that
  503  manufacture, process, compound, or produce for sale items of
  504  tangible personal property at fixed locations are exempt from
  505  the tax imposed by this chapter upon an affirmative showing by
  506  the taxpayer to the satisfaction of the department that such
  507  items are used in a new business in this state. Such purchases
  508  must be made before prior to the date the business first begins
  509  its productive operations, and delivery of the purchased item
  510  must be made within 12 months after that date.
  511         2. Industrial machinery and equipment purchased for
  512  exclusive use by an expanding facility which is engaged in
  513  spaceport activities as defined by s. 212.02 or for use in
  514  expanding manufacturing facilities or plant units which
  515  manufacture, process, compound, or produce for sale items of
  516  tangible personal property at fixed locations in this state are
  517  exempt from any amount of tax imposed by this chapter upon an
  518  affirmative showing by the taxpayer to the satisfaction of the
  519  department that such items are used to increase the productive
  520  output of such expanded facility or business by not less than 5
  521  10 percent.
  522         3.a. To receive an exemption provided by subparagraph 1. or
  523  subparagraph 2., a qualifying business entity shall apply to the
  524  department for a temporary tax exemption permit. The application
  525  shall state that a new business exemption or expanded business
  526  exemption is being sought. Upon a tentative affirmative
  527  determination by the department pursuant to subparagraph 1. or
  528  subparagraph 2., the department shall issue such permit.
  529         b. The applicant shall maintain all necessary books and
  530  records to support the exemption. Upon completion of purchases
  531  of qualified machinery and equipment pursuant to subparagraph 1.
  532  or subparagraph 2., the temporary tax permit shall be delivered
  533  to the department or returned to the department by certified or
  534  registered mail.
  535         c. If, in a subsequent audit conducted by the department,
  536  it is determined that the machinery and equipment purchased as
  537  exempt under subparagraph 1. or subparagraph 2. did not meet the
  538  criteria mandated by this paragraph or if commencement of
  539  production did not occur, the amount of taxes exempted at the
  540  time of purchase shall immediately be due and payable to the
  541  department by the business entity, together with the appropriate
  542  interest and penalty, computed from the date of purchase, in the
  543  manner prescribed by this chapter.
  544         d. If a qualifying business entity fails to apply for a
  545  temporary exemption permit or if the tentative determination by
  546  the department required to obtain a temporary exemption permit
  547  is negative, a qualifying business entity shall receive the
  548  exemption provided in subparagraph 1. or subparagraph 2. through
  549  a refund of previously paid taxes. No refund may be made for
  550  such taxes unless the criteria mandated by subparagraph 1. or
  551  subparagraph 2. have been met and commencement of production has
  552  occurred.
  553         4. The department shall adopt rules governing applications
  554  for, issuance of, and the form of temporary tax exemption
  555  permits; provisions for recapture of taxes; and the manner and
  556  form of refund applications, and may establish guidelines as to
  557  the requisites for an affirmative showing of increased
  558  productive output, commencement of production, and qualification
  559  for exemption.
  560         5. The exemptions provided in subparagraphs 1. and 2. do
  561  not apply to machinery or equipment purchased or used by
  562  electric utility companies, communications companies, oil or gas
  563  exploration or production operations, publishing firms that do
  564  not export at least 50 percent of their finished product out of
  565  the state, any firm subject to regulation by the Division of
  566  Hotels and Restaurants of the Department of Business and
  567  Professional Regulation, or any firm that does not manufacture,
  568  process, compound, or produce for sale items of tangible
  569  personal property or that does not use such machinery and
  570  equipment in spaceport activities as required by this paragraph.
  571  The exemptions provided in subparagraphs 1. and 2. shall apply
  572  to machinery and equipment purchased for use in phosphate or
  573  other solid minerals severance, mining, or processing
  574  operations.
  575         6. For the purposes of the exemptions provided in
  576  subparagraphs 1. and 2., these terms have the following
  577  meanings:
  578         a. “Industrial machinery and equipment” means tangible
  579  personal property or other property that has a depreciable life
  580  of 3 years or more and that is used as an integral part in the
  581  manufacturing, processing, compounding, or production of
  582  tangible personal property for sale or is exclusively used in
  583  spaceport activities. A building and its structural components
  584  are not industrial machinery and equipment unless the building
  585  or structural component is so closely related to the industrial
  586  machinery and equipment that it houses or supports that the
  587  building or structural component can be expected to be replaced
  588  when the machinery and equipment are replaced. Heating and air
  589  conditioning systems are not industrial machinery and equipment
  590  unless the sole justification for their installation is to meet
  591  the requirements of the production process, even though the
  592  system may provide incidental comfort to employees or serve, to
  593  an insubstantial degree, nonproduction activities. The term
  594  includes parts and accessories only to the extent that the
  595  exemption thereof is consistent with the provisions of this
  596  paragraph.
  597         b. “Productive output” means the number of units actually
  598  produced by a single plant, operation, or product line in a
  599  single continuous 12-month period, irrespective of sales.
  600  Increases in productive output shall be measured by the output
  601  for 12 continuous months selected by the expanding business
  602  after following the completion of the installation of such
  603  machinery or equipment over the output for the 12 continuous
  604  months immediately preceding such installation. However, in no
  605  case may such time period begin later than 2 years after
  606  following the completion of the installation of the new
  607  machinery and equipment. The units used to measure productive
  608  output shall be physically comparable between the two periods,
  609  irrespective of sales.
  610         (e) Gas or electricity used for certain agricultural
  611  purposes.—
  612         1. Butane gas, propane gas, natural gas, and all other
  613  forms of liquefied petroleum gases are exempt from the tax
  614  imposed by this chapter if used in any tractor, vehicle, or
  615  other farm equipment which is used exclusively on a farm or for
  616  processing farm products on the farm and no part of which gas is
  617  used in any vehicle or equipment driven or operated on the
  618  public highways of this state. This restriction does not apply
  619  to the movement of farm vehicles or farm equipment between
  620  farms. The transporting of bees by water and the operating of
  621  equipment used in the apiary of a beekeeper is also deemed an
  622  exempt use.
  623         2. Electricity used directly or indirectly for production,
  624  packing, or processing of agricultural products on the farm, or
  625  used directly or indirectly in a packinghouse, is exempt from
  626  the tax imposed by this chapter. As used in this subsection, the
  627  term “packinghouse” means any building or structure where
  628  fruits, vegetables, or meat from cattle or hogs are packed or
  629  otherwise prepared for market or shipment in fresh form for
  630  wholesale distribution. The exemption does not apply to
  631  electricity used in buildings or structures where agricultural
  632  products are sold at retail. This exemption applies only if the
  633  electricity used for the exempt purposes is separately metered.
  634  If the electricity is not separately metered, it is conclusively
  635  presumed that some portion of the electricity is used for a
  636  nonexempt purpose, and all of the electricity used for such
  637  purposes is taxable.
  638         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
  639  entity by this chapter do not inure to any transaction that is
  640  otherwise taxable under this chapter when payment is made by a
  641  representative or employee of the entity by any means,
  642  including, but not limited to, cash, check, or credit card, even
  643  when that representative or employee is subsequently reimbursed
  644  by the entity. In addition, exemptions provided to any entity by
  645  this subsection do not inure to any transaction that is
  646  otherwise taxable under this chapter unless the entity has
  647  obtained a sales tax exemption certificate from the department
  648  or the entity obtains or provides other documentation as
  649  required by the department. Eligible purchases or leases made
  650  with such a certificate must be in strict compliance with this
  651  subsection and departmental rules, and any person who makes an
  652  exempt purchase with a certificate that is not in strict
  653  compliance with this subsection and the rules is liable for and
  654  shall pay the tax. The department may adopt rules to administer
  655  this subsection.
  656         (ee) Aircraft repair and maintenance labor charges.—There
  657  shall be exempt from the tax imposed by this chapter all labor
  658  charges for the repair and maintenance of qualified aircraft,
  659  aircraft of more than 2,000 15,000 pounds maximum certified
  660  takeoff weight, and rotary wing aircraft of more than 10,000
  661  pounds maximum certified takeoff weight. Except as otherwise
  662  provided in this chapter, charges for parts and equipment
  663  furnished in connection with such labor charges are taxable.
  664         (rr) Equipment used in aircraft repair and maintenance.
  665  There shall be exempt from the tax imposed by this chapter
  666  replacement engines, parts, and equipment used in the repair or
  667  maintenance of qualified aircraft, aircraft of more than 2,000
  668  15,000 pounds maximum certified takeoff weight, and rotary wing
  669  aircraft of more than 10,300 pounds maximum certified takeoff
  670  weight, when such parts or equipment are installed on such
  671  aircraft that is being repaired or maintained in this state.
  672         (hhh) Items used in manufacturing and fabricating aircraft
  673  and gas turbine engines.—Chemicals, machinery, parts, and
  674  equipment used and consumed in the manufacture or fabrication of
  675  aircraft engines and gas turbine engines, including cores,
  676  electrical discharge machining supplies, brass electrodes,
  677  ceramic guides, reamers, grinding and deburring wheels, Norton
  678  vortex wheels, argon, nitrogen, helium, fluid abrasive cutters,
  679  solvents and soaps, boroscopes, penetrants, patterns, dies, and
  680  molds consumed in the production of castings are exempt from the
  681  tax imposed by this chapter.
  682         (iii) Accessible taxicabs.—The sale or lease of accessible
  683  taxicabs is exempt from the tax imposed by this chapter. As used
  684  in this paragraph, the term “accessible taxicab” means a
  685  chauffer-driven taxi, limousine, sedan, van, or other passenger
  686  vehicle for which an operator is hired to use for the
  687  transportation of persons for compensation; which transports
  688  eight passengers or fewer; is equipped with a lift or ramp
  689  designed specifically to transport physically disabled persons
  690  or contains any other device designed to permit access to, and
  691  enable the transportation of, physically disabled persons,
  692  including persons who use wheelchairs, motorized wheelchairs, or
  693  similar mobility aids; which complies with the accessibility
  694  requirements of the Americans with Disabilities Act of 1990, 49
  695  C.F.R. ss. 38.23, 38.25, and 38.31, as amended, regardless of
  696  whether such requirements would apply under federal law; and
  697  meets all applicable federal motor vehicle safety standards and
  698  regulations adopted thereunder. If the lift or ramp or any other
  699  device is installed through an aftermarket conversion of a stock
  700  vehicle, only the value of the conversion is exempt from the tax
  701  imposed by this chapter.
  702         Section 9. Subsection (5) of section 212.097, Florida
  703  Statutes, is amended to read:
  704         212.097 Urban High-Crime Area Job Tax Credit Program.—
  705         (5) To be eligible for a tax credit under subsection (3),
  706  the number of qualified employees employed 1 year before prior
  707  to the application date must be no lower than the number of
  708  qualified employees on January 1, 2009, or on the application
  709  date on which a credit under this section was based for any
  710  previous application, including an application under subsection
  711  (2), whichever occurs later.
  712         Section 10. Effective January 1, 2013, and applying to tax
  713  years beginning on or after January 1, 2013, subsection (1) of
  714  section 220.14, Florida Statutes, is amended to read:
  715         220.14 Exemption.—
  716         (1) In computing a taxpayer’s liability for tax under this
  717  code, there shall be exempt from the tax $50,000 $25,000 of net
  718  income as defined in s. 220.12 or such lesser amount as will,
  719  without increasing the taxpayer’s federal income tax liability,
  720  provide the state with an amount under this code which is equal
  721  to the maximum federal income tax credit which may be available
  722  from time to time under federal law.
  723         Section 11. Effective January 1, 2013, and applying to tax
  724  years beginning on or after January 1, 2013, subsection (3) of
  725  section 220.63, Florida Statutes, is amended to read:
  726         220.63 Franchise tax imposed on banks and savings
  727  associations.—
  728         (3) For purposes of this part, the franchise tax base shall
  729  be adjusted federal income, as defined in s. 220.13, apportioned
  730  to this state, plus nonbusiness income allocated to this state
  731  pursuant to s. 220.16, less the deduction allowed in subsection
  732  (5) and less $50,000 $25,000.
  733         Section 12. Paragraphs (b), (d), and (f) of subsection (1),
  734  paragraph (b) of subsection (4), and subsections (7) and (11) of
  735  section 288.1254, Florida Statutes, are amended, present
  736  paragraphs (c) through (o) of subsection (1) of that section are
  737  redesignated as paragraphs (d) through (p), respectively, and
  738  new paragraphs (c) and (q) are added to that subsection, to
  739  read:
  740         288.1254 Entertainment industry financial incentive
  741  program.—
  742         (1) DEFINITIONS.—As used in this section, the term:
  743         (b) “Digital media project” means a production of
  744  interactive entertainment that is produced for distribution in
  745  commercial or educational markets. The term includes a video
  746  game or production intended for Internet or wireless
  747  distribution, an interactive website, digital animation, and
  748  visual effects, including, but not limited to, three-dimensional
  749  movie productions and movie conversions. The term does not
  750  include a production that contains obscene content that is
  751  obscene as defined in s. 847.001(10).
  752         (c) “High-impact digital media project” means a digital
  753  media project that has qualified expenditures greater than $4.5
  754  million.
  755         (e)(d) “Off-season certified production” means a feature
  756  film, independent film, or television series or pilot that which
  757  films 75 percent or more of its principal photography days from
  758  June 1 through November 30.
  759         (g)(f) “Production” means a theatrical or direct-to-video
  760  motion picture; a made-for-television motion picture; visual
  761  effects or digital animation sequences produced in conjunction
  762  with a motion picture; a commercial; a music video; an
  763  industrial or educational film; an infomercial; a documentary
  764  film; a television pilot program; a presentation for a
  765  television pilot program; a television series, including, but
  766  not limited to, a drama, a reality show, a comedy, a soap opera,
  767  a telenovela, a game show, an awards show, or a miniseries
  768  production; or a digital media project by the entertainment
  769  industry. One season of a television series is considered one
  770  production. The term does not include a weather or market
  771  program; a sporting event or a sporting event broadcast; a
  772  sports show; a gala; a production that solicits funds; a home
  773  shopping program; a political program; a political documentary;
  774  political advertising; a gambling-related project or production;
  775  a concert production; or a local, regional, or Internet
  776  distributed-only news show or, current-events show; a sports
  777  news or sports recap show; a, pornographic production;, or any
  778  production deemed obscene under chapter 847 current-affairs
  779  show. A production may be produced on or by film, tape, or
  780  otherwise by means of a motion picture camera; electronic camera
  781  or device; tape device; computer; any combination of the
  782  foregoing; or any other means, method, or device.
  783         (q) “Interactive website” means a website or group of
  784  websites that includes interactive and downloadable content, and
  785  creates 25 new Florida full-time equivalent positions operating
  786  from a principal place of business located within Florida. An
  787  interactive website or group of websites must provide
  788  documentation that those jobs were created to the Office of Film
  789  and Entertainment prior to the award of tax credits. Each
  790  subsequent program application must provide proof that 25
  791  Florida full-time equivalent positions are maintained.
  792         (4) TAX CREDIT ELIGIBILITY; TAX CREDIT AWARDS; QUEUES;
  793  ELECTION AND DISTRIBUTION; CARRYFORWARD; CONSOLIDATED RETURNS;
  794  PARTNERSHIP AND NONCORPORATE DISTRIBUTIONS; MERGERS AND
  795  ACQUISITIONS.—
  796         (b) Tax credit eligibility.—
  797         1. General production queue.—Ninety-four percent of tax
  798  credits authorized pursuant to subsection (6) in any state
  799  fiscal year must be dedicated to the general production queue.
  800  The general production queue consists of all qualified
  801  productions other than those eligible for the commercial and
  802  music video queue or the independent and emerging media
  803  production queue. A qualified production that demonstrates a
  804  minimum of $625,000 in qualified expenditures is eligible for
  805  tax credits equal to 20 percent of its actual qualified
  806  expenditures, up to a maximum of $8 million. A qualified
  807  production that incurs qualified expenditures during multiple
  808  state fiscal years may combine those expenditures to satisfy the
  809  $625,000 minimum threshold.
  810         a. An off-season certified production that is a feature
  811  film, independent film, or television series or pilot is
  812  eligible for an additional 5 percent 5-percent tax credit on
  813  actual qualified expenditures. An off-season certified
  814  production that does not complete 75 percent of principal
  815  photography due to a disruption caused by a hurricane or
  816  tropical storm may not be disqualified from eligibility for the
  817  additional 5 percent 5-percent credit as a result of the
  818  disruption.
  819         b. If more than 45 25 percent of the sum of total tax
  820  credits awarded to productions initially certified after April
  821  July 1, 2012 2010, and total tax credits certified after April
  822  1, 2012, but not yet awarded, to productions currently in this
  823  state has been awarded for high-impact television series, then
  824  no high-impact television series or pilot shall be eligible for
  825  tax credits under this subparagraph. Tax credits certified for a
  826  high-impact television series prior to the percentage threshold
  827  in this sub-subparagraph being reached may not be awarded after
  828  the threshold has been reached.
  829         c. The calculations required by this sub-subparagraph shall
  830  use only credits available to be certified and awarded on or
  831  after July 1, 2011.
  832         (I)If the provisions of sub-subparagraph b. are not
  833  applicable and less than 25 percent of the sum of the total tax
  834  credits awarded to productions and the total tax credits
  835  certified, but not yet awarded, to productions currently in this
  836  state has been to high-impact television series, any qualified
  837  high-impact television series shall be allowed first position in
  838  this queue for tax credit awards not yet certified.
  839         (II)If less than 20 percent of the sum of the total tax
  840  credits awarded to productions and the total tax credits
  841  certified, but not yet awarded, to productions currently in this
  842  state has been to digital media projects, any digital media
  843  project with qualified expenditures of greater than $4,500,000
  844  shall be allowed first position in this queue for tax credit
  845  awards not yet certified.
  846         c.(III)Subject to sub-subparagraph b., first priority in
  847  the queue for tax credit awards not yet certified shall be given
  848  to high-impact television series and high-impact digital media
  849  projects. For the purposes of determining priority position
  850  between a high-impact television series allowed first position
  851  and a high-impact digital media project allowed first position
  852  under this sub-subparagraph, the first position must go to the
  853  first application received. Thereafter, priority shall be
  854  determined by alternating between a high-impact television
  855  series and a high-impact digital media project tax credits shall
  856  be awarded on a first-come, first-served basis. However, if the
  857  Office of Film and Entertainment receives an application for a
  858  high-impact television series or high-impact digital media
  859  project that would be certified but for the alternating
  860  priority, the office may certify the project as being in the
  861  priority position if an application that would normally be the
  862  priority position is not received within 5 business days.
  863         d. A qualified production for which that incurs at least 67
  864  85 percent of its principal photography days occur qualified
  865  expenditures within a region designated as an underutilized
  866  region at the time that the production is certified is eligible
  867  for an additional 5 percent 5-percent tax credit.
  868         e. A Any qualified production that employs students
  869  enrolled full-time in a film and entertainment-related or
  870  digital media-related course of study at an institution of
  871  higher education in this state is eligible for an additional 15
  872  percent 15-percent tax credit on qualified expenditures that are
  873  wages, salaries, or other compensation paid to such students.
  874  The additional 15 percent 15-percent tax credit is shall also be
  875  applicable to persons hired within 12 months after of graduating
  876  from a film and entertainment-related or digital media-related
  877  course of study at an institution of higher education in this
  878  state. The additional 15 percent 15-percent tax credit applies
  879  shall apply to qualified expenditures that are wages, salaries,
  880  or other compensation paid to such recent graduates for 1 year
  881  after from the date of hiring.
  882         f. A qualified production for which 50 percent or more of
  883  its principal photography occurs at a qualified production
  884  facility, or a qualified digital media project or the digital
  885  animation component of a qualified production for which 50
  886  percent or more of the project’s or component’s qualified
  887  expenditures are related to a qualified digital media production
  888  facility, is shall be eligible for an additional 5 percent 5
  889  percent tax credit on actual qualified expenditures for
  890  production activity at that facility.
  891         g. A No qualified production is not shall be eligible for
  892  tax credits provided under this paragraph totaling more than 30
  893  percent of its actual qualified expenses.
  894         2. Commercial and music video queue.—Three percent of tax
  895  credits authorized pursuant to subsection (6) in any state
  896  fiscal year must be dedicated to the commercial and music video
  897  queue. A qualified production company that produces national or
  898  regional commercials or music videos may be eligible for a tax
  899  credit award if it demonstrates a minimum of $100,000 in
  900  qualified expenditures per national or regional commercial or
  901  music video and exceeds a combined threshold of $500,000 after
  902  combining actual qualified expenditures from qualified
  903  commercials and music videos during a single state fiscal year.
  904  After a qualified production company that produces commercials,
  905  music videos, or both reaches the threshold of $500,000, it is
  906  eligible to apply for certification for a tax credit award. The
  907  maximum credit award shall be equal to 20 percent of its actual
  908  qualified expenditures up to a maximum of $500,000. If there is
  909  a surplus at the end of a fiscal year after the Office of Film
  910  and Entertainment certifies and determines the tax credits for
  911  all qualified commercial and video projects, such surplus tax
  912  credits shall be carried forward to the following fiscal year
  913  and are be available to any eligible qualified productions under
  914  the general production queue.
  915         3. Independent and emerging media production queue.—Three
  916  percent of tax credits authorized pursuant to subsection (6) in
  917  any state fiscal year must be dedicated to the independent and
  918  emerging media production queue. This queue is intended to
  919  encourage Florida independent film and emerging media production
  920  in this state. Any qualified production, excluding commercials,
  921  infomercials, or music videos, which that demonstrates at least
  922  $100,000, but not more than $625,000, in total qualified
  923  expenditures is eligible for tax credits equal to 20 percent of
  924  its actual qualified expenditures. If a surplus exists at the
  925  end of a fiscal year after the Office of Film and Entertainment
  926  certifies and determines the tax credits for all qualified
  927  independent and emerging media production projects, such surplus
  928  tax credits shall be carried forward to the following fiscal
  929  year and are be available to any eligible qualified productions
  930  under the general production queue.
  931         4. Family-friendly productions.—A certified theatrical or
  932  direct-to-video motion picture production or video game
  933  determined by the Commissioner of Film and Entertainment, with
  934  the advice of the Florida Film and Entertainment Advisory
  935  Council, to be family-friendly, based on the review of the
  936  script and the review of the final release version, is eligible
  937  for an additional tax credit equal to 5 percent of its actual
  938  qualified expenditures. Family-friendly productions are those
  939  that have cross-generational appeal; would be considered
  940  suitable for viewing by children age 5 or older; are appropriate
  941  in theme, content, and language for a broad family audience;
  942  embody a responsible resolution of issues; and do not exhibit or
  943  imply any act of smoking, sex, nudity, or vulgar or profane
  944  language.
  945         (7) ANNUAL ALLOCATION OF TAX CREDITS.—
  946         (a) The aggregate amount of the tax credits that may be
  947  certified pursuant to paragraph (3)(d) may not exceed:
  948         1. For fiscal year 2010-2011, $53.5 million.
  949         2. For fiscal year 2011-2012, $74.5 million.
  950         3. For fiscal years 2012-2013, 2013-2014, and 2014-2015,
  951  and 2015-2016, $42 million per fiscal year.
  952         (b) Any portion of the maximum amount of tax credits
  953  established per fiscal year in paragraph (a) that is not
  954  certified as of the end of a fiscal year shall be carried
  955  forward and made available for certification during the
  956  following 2 fiscal years in addition to the amounts available
  957  for certification under paragraph (a) for those fiscal years.
  958         (c) Upon approval of the final tax credit award amount
  959  pursuant to subparagraph (3)(f)2., an amount equal to the
  960  difference between the maximum tax credit award amount
  961  previously certified under paragraph (3)(d) and the approved
  962  final tax credit award amount shall immediately be available for
  963  recertification during the current and following fiscal years in
  964  addition to the amounts available for certification under
  965  paragraph (a) for those fiscal years.
  966         (d) If, during a fiscal year, the total amount of credits
  967  applied for, pursuant to paragraph (3)(a), exceeds the amount of
  968  credits available for certification in that fiscal year, such
  969  excess shall be treated as having been applied for on the first
  970  day of the next fiscal year in which credits remain available
  971  for certification.
  972         (11) REPEAL.—This section is repealed July 1, 2016 2015,
  973  except that:
  974         (a) Tax credits certified under paragraph (3)(d) before
  975  July 1, 2016 2015, may be awarded under paragraph (3)(f) on or
  976  after July 1, 2016 2015, if the other requirements of this
  977  section are met.
  978         (b) Tax credits carried forward under paragraph (4)(e)
  979  remain valid for the period specified.
  980         (c) Subsections (5), (8) and (9) shall remain in effect
  981  until July 1, 2021 2020.
  982         Section 13. Paragraph (c) of subsection (3) of section
  983  288.9914, Florida Statutes, is amended to read:
  984         288.9914 Certification of qualified investments; investment
  985  issuance reporting.—
  986         (3) REVIEW.—
  987         (c) The department may not approve a cumulative amount of
  988  qualified investments that may result in the claim of more than
  989  $163.8 $97.5 million in tax credits during the existence of the
  990  program or more than $33.6 $20 million in tax credits in a
  991  single state fiscal year. However, the potential for a taxpayer
  992  to carry forward an unused tax credit may not be considered in
  993  calculating the annual limit.
  994         Section 14. Subsection (1) of section 288.9915, Florida
  995  Statutes, is amended to read:
  996         288.9915 Use of proceeds from qualified investments;
  997  recordkeeping.—
  998         (1) For the period from the issuance of the qualified
  999  investment to the 7th anniversary of such issuance, a qualified
 1000  community development entity may not make cash interest payments
 1001  on a long-term debt security that is a qualified investment, but
 1002  not in excess of the entity’s cumulative operating income as of
 1003  the date of the cash interest payment. For purposes of
 1004  calculating operating income under this section, the interest
 1005  expense on the security is disregarded for 6 years following the
 1006  issuance of the security.
 1007         Section 15. Section 290.00729, Florida Statutes, is created
 1008  to read:
 1009         290.00729 Enterprise zone designation for Charlotte
 1010  County.—Charlotte County may apply to the Department of Economic
 1011  Opportunity for designation of one enterprise zone encompassing
 1012  an area not to exceed 20 square miles within Charlotte County.
 1013  The application must be submitted by December 31, 2012, and must
 1014  comply with the requirements in s. 290.0055. Notwithstanding s.
 1015  290.0065 limiting the total number of enterprise zones
 1016  designated and the number of enterprise zones within a
 1017  population category, the department may designate one enterprise
 1018  zone under this section. The department shall establish the
 1019  initial effective date of the enterprise zone designated under
 1020  this section.
 1021         Section 16. Section 12. Section 290.00731, Florida
 1022  Statutes, is created to read:
 1023         290.00731 Enterprise zone designation for Citrus County.
 1024  Citrus County may apply to the department for designation of one
 1025  enterprise zone for an area within Citrus County. The
 1026  application must be submitted by December 31, 2012, and must
 1027  comply with the requirements of s. 290.0055. Notwithstanding s.
 1028  290.0065 limiting the total number of enterprise zones
 1029  designated and the number of enterprise zones within a
 1030  population category, the department may designate one enterprise
 1031  zone under this section. The department shall establish the
 1032  initial effective date of the enterprise zone designated under
 1033  this section.
 1034         Section 17. Section 332.08, Florida Statutes, is amended to
 1035  read:
 1036         332.08 Additional powers.—
 1037         (1) In addition to the general powers in ss. 332.01-332.12
 1038  conferred and without limitation thereof, a municipality that
 1039  which has established or may hereafter establish airports,
 1040  restricted landing areas, or other air navigation facilities, or
 1041  that which has acquired or set apart or may hereafter acquire or
 1042  set apart real property for such purposes, is hereby authorized:
 1043         (a)(1) To vest authority for the construction, enlargement,
 1044  improvement, maintenance, equipment, operation, and regulation
 1045  thereof in an officer, a board or body of such municipality by
 1046  ordinance or resolution which shall prescribe the powers and
 1047  duties of such officer, board or body. The expense of such
 1048  construction, enlargement, improvement, maintenance, equipment,
 1049  operation, and regulation shall be a responsibility of the
 1050  municipality.
 1051         (b)(2)(a) To adopt and amend all needful rules,
 1052  regulations, and ordinances for the management, government, and
 1053  use of any properties under its control, whether within or
 1054  without the territorial limits of the municipality; to appoint
 1055  airport guards or police, with full police powers; to fix by
 1056  ordinance or resolution, as may be appropriate, penalties for
 1057  the violation of said rules, regulations, and ordinances, and
 1058  enforce said penalties in the same manner in which penalties
 1059  prescribed by other rules, regulations, and ordinances of the
 1060  municipality are enforced.
 1061         (b) Provided, where a county operates one or more airports,
 1062  its regulations for the government thereof shall be by
 1063  resolution of the board of county commissioners, shall be
 1064  recorded in the minutes of the board and promulgated by posting
 1065  a copy at the courthouse and at every such airport for 4
 1066  consecutive weeks or by publication once a week in a newspaper
 1067  published in the county for the same period. Such regulations
 1068  shall be enforced as are the criminal laws. Violation thereof
 1069  shall be a misdemeanor of the second degree, punishable as
 1070  provided in s. 775.082 or s. 775.083.
 1071         (c)(3) To lease for a term not exceeding 30 years such
 1072  airports or other air navigation facilities, or real property
 1073  acquired or set apart for airport purposes, to private parties,
 1074  any municipal or state government or the national government, or
 1075  any department of either thereof, for operation; to lease or
 1076  assign for a term not exceeding 30 years to private parties, any
 1077  municipal or state government or the national government, or any
 1078  department of either thereof, for operation or use consistent
 1079  with the purposes of ss. 332.01-332.12, space, area,
 1080  improvements, or equipment on such airports; to sell any part of
 1081  such airports, other air navigation facilities, or real property
 1082  to any municipal or state government, or the United States or
 1083  any department or instrumentality thereof, for aeronautical
 1084  purposes or purposes incidental thereto, and to confer the
 1085  privileges of concessions of supplying upon its airports goods,
 1086  commodities, things, services, and facilities; provided, that in
 1087  each case in so doing the public is not deprived of its rightful
 1088  equal and uniform use thereof.
 1089         (d)(4) To sell or lease any property, real or personal,
 1090  acquired for airport purposes and belonging to the municipality,
 1091  which, in the judgment of its governing body, may not be
 1092  required for aeronautic purposes, in accordance with the laws of
 1093  this state, or the provisions of the charter of the
 1094  municipality, governing the sale or leasing of similar
 1095  municipally owned property.
 1096         (e)(5) To exercise all powers necessarily incidental to the
 1097  exercise of the general and special powers herein granted, and
 1098  is specifically authorized to assess and shall assess against
 1099  and collect from the owner or operator of each and every
 1100  airplane using such airports a sufficient fee or service charge
 1101  to cover the cost of the service furnished airplanes using such
 1102  airports, including the liquidation of bonds or other
 1103  indebtedness for construction and improvements.
 1104         (2) If a county operates one or more airports, its
 1105  regulations for the governance thereof shall be by resolution of
 1106  the board of county commissioners, recorded in the minutes of
 1107  the board, and promulgated by posting a copy at the courthouse
 1108  and at every such airport for 4 consecutive weeks or by
 1109  publication once a week in a newspaper published in the county
 1110  for the same period. Such regulations shall be enforced in the
 1111  same manner as the criminal laws. Violation thereof is a
 1112  misdemeanor of the second degree, punishable as provided in s.
 1113  775.082 or s. 775.083.
 1114         (3)Notwithstanding any other provision of this section, a
 1115  municipality participating in the Federal Aviation
 1116  Administration’s Airport Privatization Pilot Program pursuant to
 1117  49 U.S.C. s. 47134 may lease or sell an airport or other air
 1118  navigation facility or real property, together with improvements
 1119  and equipment, acquired or set apart for airport purposes to a
 1120  private party under such terms and conditions as negotiated by
 1121  the municipality. If state funds were provided to the
 1122  municipality pursuant to s. 332.007, the municipality must
 1123  obtain approval of the agreement from the Department of
 1124  Transportation, which may approve the agreement if it determines
 1125  that the state’s investment has been adequately considered and
 1126  protected consistent with the applicable conditions specified in
 1127  49 U.S.C. s. 47134.
 1128         Section 18. Section 565.07, Florida Statutes, is amended to
 1129  read:
 1130         565.07 Sale or consumption of certain distilled spirits
 1131  prohibited.—A No distilled spirit greater than 153 proof may not
 1132  shall be sold, processed, or consumed in the state. However, a
 1133  distilled spirit greater than 153 proof may be distilled,
 1134  bottled, packaged, or processed for export or sale outside the
 1135  state.
 1136         Section 19. (1) The tax levied under chapter 212, Florida
 1137  Statutes, may not be collected during the period from 12:01 a.m.
 1138  on August 3, 2012, through 11:59 p.m. on August 5, 2012, on the
 1139  sale of:
 1140         (a) Clothing, wallets, or bags, including handbags,
 1141  backpacks, fanny packs, and diaper bags, but excluding
 1142  briefcases, suitcases, and other garment bags, having a sales
 1143  price of $75 or less per item. As used in this paragraph, the
 1144  term “clothing” means:
 1145         1. Any article of wearing apparel intended to be worn on or
 1146  about the human body, excluding watches, watchbands, jewelry,
 1147  umbrellas, or handkerchiefs; and
 1148         2. All footwear, excluding skis, swim fins, roller blades,
 1149  and skates.
 1150         (b) School supplies having a sales price of $15 or less per
 1151  item. As used in this paragraph, the term “school supplies”
 1152  means pens, pencils, erasers, crayons, notebooks, notebook
 1153  filler paper, legal pads, binders, lunch boxes, construction
 1154  paper, markers, folders, poster board, composition books, poster
 1155  paper, scissors, cellophane tape, glue or paste, rulers,
 1156  computer disks, protractors, compasses, and calculators.
 1157         (2) The tax exemptions in this section do not apply to
 1158  sales within a theme park or entertainment complex as defined in
 1159  s. 509.013(9), Florida Statutes, a public lodging establishment
 1160  as defined in s. 509.013(4), Florida Statutes, or an airport as
 1161  defined in s. 330.27(2), Florida Statutes.
 1162         Section 20. For the 2011-2012 fiscal year, the sum of
 1163  $226,284 in nonrecurring funds is appropriated from the General
 1164  Revenue Fund to the Department of Revenue for purposes of
 1165  administering section 19. Funds remaining unexpended or
 1166  unencumbered from this appropriation as of June 30, 2012, shall
 1167  revert and be reappropriated for the same purpose in the 2012
 1168  2013 fiscal year.
 1169         Section 21. (1) The sum of $14,900,000 in nonrecurring
 1170  funds is appropriated from the General Revenue Fund to the State
 1171  Economic Enhancement and Development Trust Fund for the 2012
 1172  2013 fiscal year.
 1173         (2) The sum of $14,900,000 is appropriated from the State
 1174  Economic Enhancement and Development Trust Fund for the 2012
 1175  2013 fiscal year to the Department of Economic Opportunity for
 1176  the Qualified Target Industries, Qualified Defense Contractors,
 1177  Brownfield Bonus, High Impact Performance Incentive, Quick
 1178  Action Closing Fund, Brownfield Redevelopment, Innovation
 1179  Incentive programs, and transportation facilities, and only for
 1180  projects that meet the eligibility requirements of law. These
 1181  funds shall not be released for any other purpose and shall only
 1182  be disbursed when projects meet the contracted performance
 1183  requirements.
 1184         Section 22. (1) The executive director of the Department of
 1185  Revenue is authorized, and all conditions are deemed met, to
 1186  adopt emergency rules under ss. 120.536(1) and 120.54(4),
 1187  Florida Statutes, for the purpose of implementing this act.
 1188         (2) Notwithstanding any provision of law, such emergency
 1189  rules shall remain in effect for 6 months after the date adopted
 1190  and may be renewed during the pendency of procedures to adopt
 1191  permanent rules addressing the subject of the emergency rules.
 1192         Section 23. Except as otherwise expressly provided in this
 1193  act and except for this section, which shall take effect upon
 1194  this act becoming a law, this act shall take effect July 1,
 1195  2012.
 1196  
 1197  ================= T I T L E  A M E N D M E N T ================
 1198         And the title is amended as follows:
 1199         Delete everything before the enacting clause
 1200  and insert:
 1201                        A bill to be entitled                      
 1202         An act relating to economic development; amending s.
 1203         196.199, F.S.; providing an exemption from intangible
 1204         tax for lessees performing a governmental, municipal,
 1205         or public purpose or function; providing that the
 1206         exemption from intangible tax applies retroactively to
 1207         all governmental leaseholds in existence as of a
 1208         certain date; providing that the provision is remedial
 1209         in nature and does not create a right to certain
 1210         refunds; amending s. 210.20, F.S.; deleting obsolete
 1211         provisions; establishing a funding source for the H.
 1212         Lee Moffitt Cancer Center and Research Institute from
 1213         a portion of the cigarette tax collections; directing
 1214         the purposes for which such funds may be used;
 1215         establishing a funding source for the Department of
 1216         Health from a portion of the cigarette tax collections
 1217         to establish grants and undertake other activities in
 1218         conjunction with the Sanford-Burnham Medical Research
 1219         Institute to further biomedical research; directing
 1220         the purposes for which such funds may be used;
 1221         amending s. 210.201, F.S.; establishing the purposes
 1222         for which funding to the H. Lee Moffitt Cancer Center
 1223         and Research Institute may be used; amending s.
 1224         211.3103, F.S.; revising the excise tax rates levied
 1225         upon each ton of phosphate rock severed; specifying
 1226         the period during which the rates apply; revising the
 1227         distribution of the revenues received; deleting
 1228         obsolete provisions; amending s. 211.02, F.S.;
 1229         defining the term “mature field recovery oil” and
 1230         applying to such oil the tiered severance tax rates
 1231         applicable to tertiary oil; amending s. 211.06, F.S.;
 1232         revising the distribution of certain proceeds from the
 1233         Oil and Gas Tax Trust Fund; amending s. 212.08, F.S.;
 1234         providing an exemption from the tax on sales, use, and
 1235         other transactions for electricity used by
 1236         packinghouses; defining the term “packinghouse”;
 1237         expanding exemptions from the sales and use tax on
 1238         labor, parts, and equipment used in repairs of certain
 1239         aircraft; exempting certain items used to manufacture,
 1240         produce, or modify aircraft and gas turbine engines
 1241         and parts from the tax on sales, use, and other
 1242         transactions; revising a condition for an exemption
 1243         for machinery and equipment; providing an exemption
 1244         from the tax on sales, use, and other transactions for
 1245         the sale or lease of accessible taxicabs; defining the
 1246         term “accessible taxicab”; amending s. 212.097, F.S.;
 1247         revising the eligibility criteria for tax credits
 1248         under the Urban High-Crime Area Job Tax Credit
 1249         Program; amending s. 220.14, F.S.; increasing the
 1250         amount of income that is exempt from the corporate
 1251         income tax; amending s. 220.63, F.S.; increasing the
 1252         amount of income that is exempt from the franchise tax
 1253         imposed on banks and savings associations; amending s.
 1254         288.1254, F.S.; redefining the terms “digital media
 1255         project,” “off-season certified production,” and
 1256         “production”; defining the terms “high-impact digital
 1257         media project” and “interactive website”; revising
 1258         provisions limiting the amount of tax credits for
 1259         high-impact television series and digital media
 1260         productions; providing criteria for determining
 1261         priority for tax credits that have not yet been
 1262         certified; reducing the required percent of certain
 1263         production components necessary to qualify for
 1264         additional credits; authorizing credit allocations for
 1265         the 2015-2016 fiscal year; extending program repeal
 1266         provisions by 1 year; amending s. 288.9914, F.S.;
 1267         revising limits on tax credits that may be claimed by
 1268         qualified community development entities under the
 1269         program; amending s. 288.9915, F.S.; revising
 1270         restrictions on a qualified community development
 1271         entity’s making of cash interest payments on certain
 1272         long-term debt securities; creating s. 290.00729,
 1273         F.S.; authorizing Charlotte County to apply to the
 1274         Department of Economic Opportunity for designation of
 1275         an enterprise zone; providing application
 1276         requirements; authorizing the Department of Economic
 1277         Opportunity to designate an enterprise zone in
 1278         Charlotte County; requiring that the Department of
 1279         Economic Opportunity establish the initial effective
 1280         date for the enterprise zone; creating s. 290.00731,
 1281         F.S.; authorizing Citrus County to apply to the
 1282         Department of Economic Opportunity for designation of
 1283         an enterprise zone; providing an application deadline
 1284         and requirements; authorizing the Department of
 1285         Economic Opportunity to designate an enterprise zone
 1286         in Citrus County; requiring the Department of Economic
 1287         Opportunity to establish the effective date of the
 1288         enterprise zone; amending s. 332.08, F.S.; authorizing
 1289         a municipality participating in a federal airport
 1290         privatization pilot program to lease or sell to a
 1291         private party an airport or other air navigation
 1292         facility or certain real property, improvements, and
 1293         equipment; requiring approval by the Department of
 1294         Transportation of the sale or lease agreement under
 1295         certain circumstances; providing criteria for
 1296         department approval; amending s. 565.07, F.S.;
 1297         providing that a distilled spirit greater than 153
 1298         proof may be distilled, bottled, packaged, or
 1299         processed for export or sale outside the state;
 1300         creating provisions specifying a period during this
 1301         year when the sale of clothing, wallets, bags, and
 1302         school supplies are exempt from the tax on sales;
 1303         providing definitions; providing exceptions; providing
 1304         an appropriation to the Department of Revenue;
 1305         providing an appropriation to the State Economic
 1306         Enhancement and Development Trust Fund and subsequent
 1307         appropriation from the trust fund to the Department of
 1308         Economic Opportunity to fund economic development
 1309         programs for the 2012-2013 fiscal year; authorizing
 1310         the Department of Revenue to adopt emergency rules;
 1311         providing effective dates.