Florida Senate - 2014 SENATOR AMENDMENT
Bill No. HB 5601
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LEGISLATIVE ACTION
Senate . House
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Senator Simpson moved the following:
1 Senate Amendment to Amendment (965938) (with title
2 amendment)
3
4 Between lines 1284 and 1285
5 insert:
6 Section 21. Paragraph (p) of subsection (5) of section
7 212.08, Florida Statutes, is amended to read:
8 212.08 Sales, rental, use, consumption, distribution, and
9 storage tax; specified exemptions.—The sale at retail, the
10 rental, the use, the consumption, the distribution, and the
11 storage to be used or consumed in this state of the following
12 are hereby specifically exempt from the tax imposed by this
13 chapter.
14 (5) EXEMPTIONS; ACCOUNT OF USE.—
15 (p) Community contribution tax credit for donations.—
16 1. Authorization.—Persons who are registered with the
17 department under s. 212.18 to collect or remit sales or use tax
18 and who make donations to eligible sponsors are eligible for tax
19 credits against their state sales and use tax liabilities as
20 provided in this paragraph:
21 a. The credit shall be computed as 50 percent of the
22 person’s approved annual community contribution.
23 b. The credit shall be granted as a refund against state
24 sales and use taxes reported on returns and remitted in the 12
25 months preceding the date of application to the department for
26 the credit as required in sub-subparagraph 3.c. If the annual
27 credit is not fully used through such refund because of
28 insufficient tax payments during the applicable 12-month period,
29 the unused amount may be included in an application for a refund
30 made pursuant to sub-subparagraph 3.c. in subsequent years
31 against the total tax payments made for such year. Carryover
32 credits may be applied for a 3-year period without regard to any
33 time limitation that would otherwise apply under s. 215.26.
34 c. A person may not receive more than $200,000 in annual
35 tax credits for all approved community contributions made in any
36 one year.
37 d. All proposals for the granting of the tax credit require
38 the prior approval of the Department of Economic Opportunity.
39 e. The total amount of tax credits which may be granted for
40 all programs approved under this paragraph, s. 220.183, and s.
41 624.5105 is $10.5 million annually for projects that provide
42 homeownership opportunities for low-income households or very
43 low-income households as those terms are defined in s.
44 420.9071(19) and (28) and $3.5 million annually for all other
45 projects.
46 f. A person who is eligible to receive the credit provided
47 for in this paragraph, s. 220.183, or s. 624.5105 may receive
48 the credit only under the one section of the person’s choice.
49 2. Eligibility requirements.—
50 a. A community contribution by a person must be in the
51 following form:
52 (I) Cash or other liquid assets;
53 (II) Real property;
54 (III) Goods or inventory; or
55 (IV) Other physical resources as identified by the
56 Department of Economic Opportunity.
57 b. All community contributions must be reserved exclusively
58 for use in a project. As used in this sub-subparagraph, the term
59 “project” means any activity undertaken by an eligible sponsor
60 which is designed to construct, improve, or substantially
61 rehabilitate housing that is affordable to low-income households
62 or very-low-income households as those terms are defined in s.
63 420.9071(19) and (28); designed to provide commercial,
64 industrial, or public resources and facilities; or designed to
65 improve entrepreneurial and job-development opportunities for
66 low-income persons. A project may be the investment necessary to
67 increase access to high-speed broadband capability in rural
68 communities with enterprise zones, including projects that
69 result in improvements to communications assets that are owned
70 by a business. A project may include the provision of museum
71 educational programs and materials that are directly related to
72 a any project approved between January 1, 1996, and December 31,
73 1999, and located in an enterprise zone designated pursuant to
74 s. 290.0065. This paragraph does not preclude projects that
75 propose to construct or rehabilitate housing for low-income
76 households or very-low-income households on scattered sites.
77 With respect to housing, contributions may be used to pay the
78 following eligible low-income and very-low-income housing
79 related activities:
80 (I) Project development impact and management fees for low
81 income or very-low-income housing projects;
82 (II) Down payment and closing costs for low-income persons
83 and very-low-income eligible persons, as those terms are defined
84 in s. 420.9071(19) and (28);
85 (III) Administrative costs, including housing counseling
86 and marketing fees, not to exceed 10 percent of the community
87 contribution, directly related to low-income or very-low-income
88 projects; and
89 (IV) Removal of liens recorded against residential property
90 by municipal, county, or special district local governments if
91 when satisfaction of the lien is a necessary precedent to the
92 transfer of the property to a low-income person or very-low-
93 income an eligible person, as those terms are defined in s.
94 420.9071(19) and (28), for the purpose of promoting home
95 ownership. Contributions for lien removal must be received from
96 a nonrelated third party.
97 c. The project must be undertaken by an “eligible sponsor,”
98 which includes:
99 (I) A community action program;
100 (II) A nonprofit community-based development organization
101 whose mission is the provision of housing for low-income
102 households or very-low-income households or increasing
103 entrepreneurial and job-development opportunities for low-income
104 persons;
105 (III) A neighborhood housing services corporation;
106 (IV) A local housing authority created under chapter 421;
107 (V) A community redevelopment agency created under s.
108 163.356;
109 (VI) A historic preservation district agency or
110 organization;
111 (VII) A regional workforce board;
112 (VIII) A direct-support organization as provided in s.
113 1009.983;
114 (IX) An enterprise zone development agency created under s.
115 290.0056;
116 (X) A community-based organization incorporated under
117 chapter 617 which is recognized as educational, charitable, or
118 scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
119 and whose bylaws and articles of incorporation include
120 affordable housing, economic development, or community
121 development as the primary mission of the corporation;
122 (XI) Units of local government;
123 (XII) Units of state government; or
124 (XIII) Any other agency that the Department of Economic
125 Opportunity designates by rule.
126
127 In no event may A contributing person may not have a financial
128 interest in the eligible sponsor.
129 d. The project must be located in an area designated an
130 enterprise zone or a Front Porch Florida Community, unless the
131 project increases access to high-speed broadband capability for
132 rural communities that have with enterprise zones but is
133 physically located outside the designated rural zone boundaries.
134 Any project designed to construct or rehabilitate housing for
135 low-income households or very-low-income households as those
136 terms are defined in s. 420.9071(19) and (28) is exempt from the
137 area requirement of this sub-subparagraph.
138 e.(I) If, during the first 10 business days of the state
139 fiscal year, eligible tax credit applications for projects that
140 provide homeownership opportunities for low-income households or
141 very-low-income households as those terms are defined in s.
142 420.9071(19) and (28) are received for less than the annual tax
143 credits available for those projects, the Department of Economic
144 Opportunity shall grant tax credits for those applications and
145 shall grant remaining tax credits on a first-come, first-served
146 basis for any subsequent eligible applications received before
147 the end of the state fiscal year. If, during the first 10
148 business days of the state fiscal year, eligible tax credit
149 applications for projects that provide homeownership
150 opportunities for low-income households or very-low-income
151 households as those terms are defined in s. 420.9071(19) and
152 (28) are received for more than the annual tax credits available
153 for those projects, the Department of Economic Opportunity shall
154 grant the tax credits for those applications as follows:
155 (A) If tax credit applications submitted for approved
156 projects of an eligible sponsor do not exceed $200,000 in total,
157 the credits shall be granted in full if the tax credit
158 applications are approved.
159 (B) If tax credit applications submitted for approved
160 projects of an eligible sponsor exceed $200,000 in total, the
161 amount of tax credits granted pursuant to sub-sub-sub
162 subparagraph (A) shall be subtracted from the amount of
163 available tax credits, and the remaining credits shall be
164 granted to each approved tax credit application on a pro rata
165 basis.
166 (II) If, during the first 10 business days of the state
167 fiscal year, eligible tax credit applications for projects other
168 than those that provide homeownership opportunities for low
169 income households or very-low-income households as those terms
170 are defined in s. 420.9071(19) and (28) are received for less
171 than the annual tax credits available for those projects, the
172 Department of Economic Opportunity shall grant tax credits for
173 those applications and shall grant remaining tax credits on a
174 first-come, first-served basis for any subsequent eligible
175 applications received before the end of the state fiscal year.
176 If, during the first 10 business days of the state fiscal year,
177 eligible tax credit applications for projects other than those
178 that provide homeownership opportunities for low-income
179 households or very-low-income households as those terms are
180 defined in s. 420.9071(19) and (28) are received for more than
181 the annual tax credits available for those projects, the
182 Department of Economic Opportunity shall grant the tax credits
183 for those applications on a pro rata basis.
184 3. Application requirements.—
185 a. Any eligible sponsor seeking to participate in this
186 program must submit a proposal to the Department of Economic
187 Opportunity which sets forth the name of the sponsor, a
188 description of the project, and the area in which the project is
189 located, together with such supporting information as is
190 prescribed by rule. The proposal must also contain a resolution
191 from the local governmental unit in which the project is located
192 certifying that the project is consistent with local plans and
193 regulations.
194 b. Any person seeking to participate in this program must
195 submit an application for tax credit to the Department of
196 Economic Opportunity which sets forth the name of the sponsor, a
197 description of the project, and the type, value, and purpose of
198 the contribution. The sponsor shall verify, in writing, the
199 terms of the application and indicate its receipt of the
200 contribution, and such which verification must be in writing and
201 accompany the application for tax credit. The person must submit
202 a separate tax credit application to the Department of Economic
203 Opportunity for each individual contribution that it makes to
204 each individual project.
205 c. Any person who has received notification from the
206 Department of Economic Opportunity that a tax credit has been
207 approved must apply to the department to receive the refund.
208 Application must be made on the form prescribed for claiming
209 refunds of sales and use taxes and be accompanied by a copy of
210 the notification. A person may submit only one application for
211 refund to the department within a any 12-month period.
212 4. Administration.—
213 a. The Department of Economic Opportunity may adopt rules
214 pursuant to ss. 120.536(1) and 120.54 necessary to administer
215 this paragraph, including rules for the approval or disapproval
216 of proposals by a person.
217 b. The decision of the Department of Economic Opportunity
218 must be in writing, and, if approved, the notification shall
219 state the maximum credit allowable to the person. Upon approval,
220 the Department of Economic Opportunity shall transmit a copy of
221 the decision to the department of Revenue.
222 c. The Department of Economic Opportunity shall
223 periodically monitor all projects in a manner consistent with
224 available resources to ensure that resources are used in
225 accordance with this paragraph; however, each project must be
226 reviewed at least once every 2 years.
227 d. The Department of Economic Opportunity shall, in
228 consultation with the statewide and regional housing and
229 financial intermediaries, market the availability of the
230 community contribution tax credit program to community-based
231 organizations.
232 5. Expiration.—This paragraph expires June 30, 2016 2015;
233 however, any accrued credit carryover that is unused on that
234 date may be used until the expiration of the 3-year carryover
235 period for such credit.
236 Section 22. Subsection (5) of section 220.183, Florida
237 Statutes, is amended to read:
238 220.183 Community contribution tax credit.—
239 (5) EXPIRATION.—The provisions of this section, except
240 paragraph (1)(e), shall expire and are be void on June 30, 2016
241 2015.
242 Section 23. Subsection (6) of section 624.5105, Florida
243 Statutes, is amended to read:
244 624.5105 Community contribution tax credit; authorization;
245 limitations; eligibility and application requirements;
246 administration; definitions; expiration.—
247 (6) EXPIRATION.—The provisions of this section, except
248 paragraph (1)(e), shall expire and are be void on June 30, 2016
249 2015.
250
251 ================= T I T L E A M E N D M E N T ================
252 And the title is amended as follows:
253 Delete line 1448
254 and insert:
255 direct written premiums for bail bonds; amending ss.
256 212.08, 220.183, and 624.5105, F.S.; postponing the
257 expiration date applicable to the granting of the
258 community contribution tax credit against the sales
259 and use tax, corporate income tax, and insurance
260 premium tax for contributions and donations to
261 eligible sponsors of revitalization and housing
262 projects approved by the Department of Economic
263 Opportunity; specifying a