Florida Senate - 2014                                     SB 888
       
       
        
       By Senator Bullard
       
       
       
       
       
       39-00066-14                                            2014888__
    1                        A bill to be entitled                      
    2         An act relating to corporate income tax; amending s.
    3         220.02, F.S.; revising the order in which credits
    4         against the corporate income tax or the franchise tax
    5         may be applied, to include an agribusiness engaged in
    6         agritourism activities; creating s. 220.197, F.S.;
    7         providing a legislative purpose; defining terms;
    8         creating a corporate income tax credit for certain
    9         agribusinesses engaged in agritourism activities;
   10         specifying requirements for the credit; authorizing
   11         the Department of Revenue to adopt rules; providing
   12         for future repeal and legislative review of the tax
   13         credit; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (8) of section 220.02, Florida
   18  Statutes, is amended to read:
   19         220.02 Legislative intent.—
   20         (8) It is the intent of the Legislature that credits
   21  against either the corporate income tax or the franchise tax be
   22  applied in the following order: those enumerated in s. 631.828,
   23  those enumerated in s. 220.191, those enumerated in s. 220.181,
   24  those enumerated in s. 220.183, those enumerated in s. 220.182,
   25  those enumerated in s. 220.1895, those enumerated in s. 220.195,
   26  those enumerated in s. 220.184, those enumerated in s. 220.186,
   27  those enumerated in s. 220.1845, those enumerated in s. 220.19,
   28  those enumerated in s. 220.185, those enumerated in s. 220.1875,
   29  those enumerated in s. 220.192, those enumerated in s. 220.193,
   30  those enumerated in s. 288.9916, those enumerated in s.
   31  220.1899, those enumerated in s. 220.194, and those enumerated
   32  in s. 220.196, and those enumerated in s. 220.197.
   33         Section 2. Section 220.197, Florida Statutes, is created to
   34  read:
   35         220.197Agribusiness tax credit.—
   36         (1) The purpose of this section is to encourage and support
   37  the growth of new agribusinesses through the promotion of
   38  agritourism activities. Agritourism provides a valuable
   39  opportunity for the general public to interact with and
   40  understand agriculture and the environment.
   41         (2) As used in this section, the term:
   42         (a) “Agribusiness” means an entity engaged in the
   43  production operations of a farm; the manufacture and
   44  distribution of farm equipment and supplies; or the processing,
   45  storage, and distribution of farm commodities.
   46         (b) “Agritourism activity” means an agricultural activity
   47  or attraction such as farming, ranching, or horticulture, or an
   48  agribusiness that allows the general public to view or enjoy
   49  such activity or attraction for recreational, entertainment, or
   50  educational purposes. The term includes an activity or
   51  attraction that is free or that requires an individual to pay a
   52  fee for admission. However, the term does not include
   53  participation in an activity or attraction by a farmworker or
   54  employee of the agribusiness as part of his or her duties.
   55         (c) “Farmworker” means a laborer who is employed on a
   56  seasonal, temporary, or permanent basis in the planting,
   57  cultivating, harvesting, or processing of agricultural products.
   58         (3) An agribusiness is entitled to a tax credit against the
   59  tax imposed under this chapter for the business’s first $250,000
   60  of revenue if the agribusiness:
   61         (a) Provides an agritourism activity in this state;
   62         (b) Is independently owned and operated with a net worth of
   63  up to $500,000; and
   64         (c) Is in its first year of operation.
   65         (4) The department may adopt rules governing the manner and
   66  form of application for the tax credit. The department may
   67  establish guidelines to determine if an agribusiness qualifies
   68  for the tax credit under this section.
   69         (5) This section shall stand repealed on October 2, 2019,
   70  unless reviewed and saved from repeal through reenactment by the
   71  Legislature.
   72         Section 3. This act shall take effect July 1, 2014.