Florida Senate - 2018                                    SB 1354
       
       
        
       By Senator Taddeo
       
       
       
       
       
       40-01019-18                                           20181354__
    1                        A bill to be entitled                      
    2         An act relating to tax preferences; amending s.
    3         216.012, F.S.; requiring the Legislative Budget
    4         Commission’s long-range financial outlook to delineate
    5         projected revenues attributable to tax preferences;
    6         creating s. 216.41, F.S.; defining the term “tax
    7         preference”; requiring the repeal of a new tax
    8         preference or a substantially amended existing tax
    9         preference after a specified timeframe unless the
   10         Legislature acts to reenact the tax preference;
   11         requiring such reenactments, under certain
   12         circumstances, to include the identifiable public
   13         purpose served by the tax preference; providing
   14         retroactive applicability of certain legislative
   15         review requirements to tax preferences enacted before
   16         a specified date; providing that such tax preferences
   17         do not remain in effect after a specified date unless
   18         specifically reviewed and reenacted; requiring a tax
   19         preference enacted or substantially amended after a
   20         specified date to include the identifiable public
   21         purpose served by the tax preference and to specify
   22         certain information; providing construction; requiring
   23         the Legislature to establish and publish a certain
   24         schedule of tax preference reviews during certain
   25         regular legislative sessions; requiring that
   26         subsequent tax preference reviews be conducted at
   27         certain intervals; requiring the Legislature to
   28         consider certain factors in reviewing tax preferences;
   29         providing that the state may not be made a party to
   30         any suit and does not incur liability for certain
   31         actions; providing an effective date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Subsection (1) of section 216.012, Florida
   36  Statutes, is amended to read:
   37         216.012 Long-range financial outlook.—
   38         (1) The commission shall develop a long-range 3-year
   39  financial outlook and shall update that outlook each year. The
   40  outlook must delineate projected revenues attributable to tax
   41  preferences as defined in s. 216.41.
   42         Section 2. Section 216.41, Florida Statutes, is created to
   43  read:
   44         216.41 Tax preferences.—
   45         (1) As used in this section, the term “tax preference”
   46  means an exemption, an allowance, an exclusion, or a credit to;
   47  a preferential rate for; or a deduction or deferral from, any
   48  tax imposed under chapters 192 through 220, chapters 561 through
   49  565, or chapter 624 or a preference in another chapter which is
   50  enacted after July 1, 2017.
   51         (2)(a) In the 5th year after enactment of a new tax
   52  preference or a substantial amendment of an existing tax
   53  preference, the tax preference must be repealed on July 1 of
   54  that year unless the Legislature acts to reenact the tax
   55  preference. A reenactment of a tax preference enacted before
   56  July 1, 2017, must include the identifiable public purpose
   57  served by the tax preference if the purpose is not expressly
   58  articulated in the section under consideration.
   59         (b) A tax preference enacted before July 1, 2017, remains
   60  in effect subject to the review provisions of subsection (3) and
   61  a subsequent reenactment. A tax preference enacted before July
   62  1, 2017, does not remain in effect after July 1, 2022, unless it
   63  is specifically reviewed and reenacted.
   64         (3) A tax preference enacted or substantially amended after
   65  July 1, 2017, must include the identifiable public purpose
   66  served by the tax preference. The legislation must specify that
   67  the tax preference is repealed at the end of 5 years and that
   68  the tax preference must be reviewed and reenacted by the
   69  Legislature before the scheduled repeal date.
   70         (a)For purposes of this section, a tax preference is
   71  substantially amended if the amendment expands the value of the
   72  tax preference. A tax preference is not substantially amended if
   73  the amendment narrows the value of the tax preference.
   74         (b) This section is not intended to repeal a tax preference
   75  that has been amended after legislative review but before the
   76  scheduled repeal of the tax preference, if the tax preference is
   77  not substantially amended as a result of the review.
   78         (c) The Legislature shall establish and publish a schedule
   79  for the initial review of each existing tax preference for
   80  consideration during the 2018, 2019, 2020, 2021, and 2022
   81  regular legislative sessions, respectively. A subsequent
   82  legislative review of a tax preference must be conducted no
   83  later than 5 years after the initial review and thereafter.
   84         (4) As part of the review process, the Legislature shall
   85  consider both of the following:
   86         (a) The extent to which the tax preference serves its
   87  identifiable public purpose.
   88         (b) The estimate of forgone revenues in each of the
   89  previous 5 years attributable to the tax preference.
   90         (5) Notwithstanding s. 768.28 or any other law, the state
   91  may not be made a party to any suit and does not incur any
   92  liability for the repeal or revival and reenactment of a tax
   93  preference under this section.
   94         Section 3. This act shall take effect upon becoming a law.