Florida Senate - 2020                                     SB 286
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       37-00484-20                                            2020286__
    1                        A bill to be entitled                      
    2         An act relating to a tax credit for carbon farming;
    3         creating s. 220.197, F.S.; providing legislative
    4         findings and intent; defining terms; establishing a
    5         tax credit for carbon farming; requiring the Secretary
    6         of Environmental Protection, in consultation with the
    7         executive director of the Department of Revenue and
    8         the Commissioner of Agriculture, to determine the
    9         amount of the tax credit; requiring the Department of
   10         Revenue to certify the taxpayer’s eligibility for the
   11         credit; authorizing the tax credit to carry forward
   12         under certain circumstances for a specified period of
   13         time; requiring the department to adopt rules;
   14         amending s. 220.02, F.S.; making a technical change;
   15         revising the order in which credits against the
   16         corporate income tax or franchise tax may be taken to
   17         include credits for carbon farming; amending s.
   18         220.13, F.S.; making a technical change; revising the
   19         term “adjusted federal income” to include certain tax
   20         credits taken relating to carbon farming; providing an
   21         effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 220.197, Florida Statutes, is created to
   26  read:
   27         220.197 Carbon farming tax credit.—
   28         (1)LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
   29  that soil and vegetation management can significantly enhance
   30  soil and carbon sequestration, resulting in a wide range of
   31  environmental and agricultural benefits to this state’s farmers
   32  and residents, including increased yields, soil health, improved
   33  water quality, and reductions in greenhouse gasses. The
   34  Legislature further finds that enhancing carbon sequestration as
   35  defined in subsection (2) is in the best interest of this state.
   36  It is the intent of the Legislature to encourage farmers to
   37  further sequester and mitigate carbon in this state by
   38  establishing a carbon farming tax credit to reward and
   39  incentivize farmers to maintain or adopt practices that help
   40  maximize this state’s carbon sequestration potential.
   41         (2)DEFINITIONS.—As used in this section, the term:
   42         (a)“Carbon farming” means implementing a land management
   43  strategy to reduce, sequester, and mitigate greenhouse gas
   44  emissions on land to support a farm operation and quantifying
   45  those greenhouse gas benefits using the United States Department
   46  of Agriculture’s COMET-Planner and other quantification tools.
   47         (b)“Carbon sequestration” means the long-term storage of
   48  carbon in plants, soils, geologic formations, and the ocean
   49  through farming.
   50         (c)“Farm product” means an agricultural, dairy, or
   51  horticultural product, or any product designed for food which is
   52  manufactured or prepared principally from an agricultural,
   53  dairy, or horticultural product, and the commercial raising,
   54  shearing, feeding, and management of animals on a ranch.
   55         (3)TAX CREDIT.—An agricultural business that produces farm
   56  products is eligible for a credit against the tax imposed by
   57  this chapter for carbon farming.
   58         (a)The Secretary of Environmental Protection, in
   59  consultation with the director and the Commissioner of
   60  Agriculture, shall determine the amount of the credit, which
   61  must be based on the economic value of carbon farming.
   62         (b)The department shall certify a taxpayer’s eligibility
   63  for the credit, and the taxpayer shall attach to its tax return
   64  the final certificate of eligibility. The taxpayer is not
   65  eligible for a credit greater than the amount of the credit
   66  listed on the final certificate certifying the emissions
   67  reductions to be credited to the taxpayer.
   68         (c)If the amount of the credit allowable under this
   69  section for any taxable year exceeds the taxpayer’s tax for such
   70  year, the unused amount may be carried forward for a period not
   71  to exceed 3 years. The carryover credit may be used in a
   72  subsequent year when the tax imposed by this chapter for such
   73  year exceeds the credit for such year, after applying the other
   74  credits and unused credit carryovers in the order provided in s.
   75  220.02(8).
   76         (4)RULES.—The department shall adopt rules to administer
   77  this section, including, but not limited to, rules prescribing
   78  forms and application procedures, and may establish guidelines
   79  for making an affirmative showing of qualification for a credit
   80  and any evidence needed to substantiate a claim for credit under
   81  this section.
   82         Section 2. Subsection (8) of section 220.02, Florida
   83  Statutes, is amended to read:
   84         220.02 Legislative intent.—
   85         (8) It is the intent of the Legislature that credits
   86  against either the corporate income tax or the franchise tax be
   87  applied in the following order: those enumerated in s. 631.828,
   88  those enumerated in s. 220.191, those enumerated in s. 220.181,
   89  those enumerated in s. 220.183, those enumerated in s. 220.182,
   90  those enumerated in s. 220.1895, those enumerated in s. 220.195,
   91  those enumerated in s. 220.184, those enumerated in s. 220.186,
   92  those enumerated in s. 220.1845, those enumerated in s. 220.19,
   93  those enumerated in s. 220.185, those enumerated in s. 220.1875,
   94  those enumerated in s. 220.192, those enumerated in s. 220.193,
   95  those enumerated in s. 288.9916, those enumerated in s.
   96  220.1899, those enumerated in s. 220.194, and those enumerated
   97  in s. 220.196, and those enumerated in s. 220.197.
   98         Section 3. Paragraph (a) of subsection (1) of section
   99  220.13, Florida Statutes, is amended to read:
  100         220.13 “Adjusted federal income” defined.—
  101         (1) The term “adjusted federal income” means an amount
  102  equal to the taxpayer’s taxable income as defined in subsection
  103  (2), or such taxable income of more than one taxpayer as
  104  provided in s. 220.131, for the taxable year, adjusted as
  105  follows:
  106         (a) Additions.—There shall be added to such taxable income:
  107         1.a. The amount of any tax upon or measured by income,
  108  excluding taxes based on gross receipts or revenues, paid or
  109  accrued as a liability to the District of Columbia or any state
  110  of the United States which is deductible from gross income in
  111  the computation of taxable income for the taxable year.
  112         b. Notwithstanding sub-subparagraph a., if a credit taken
  113  under s. 220.1875 is added to taxable income in a previous
  114  taxable year under subparagraph 11. and is taken as a deduction
  115  for federal tax purposes in the current taxable year, the amount
  116  of the deduction allowed shall not be added to taxable income in
  117  the current year. The exception in this sub-subparagraph is
  118  intended to ensure that the credit under s. 220.1875 is added in
  119  the applicable taxable year and does not result in a duplicate
  120  addition in a subsequent year.
  121         2. The amount of interest which is excluded from taxable
  122  income under s. 103(a) of the Internal Revenue Code or any other
  123  federal law, less the associated expenses disallowed in the
  124  computation of taxable income under s. 265 of the Internal
  125  Revenue Code or any other law, excluding 60 percent of any
  126  amounts included in alternative minimum taxable income, as
  127  defined in s. 55(b)(2) of the Internal Revenue Code, if the
  128  taxpayer pays tax under s. 220.11(3).
  129         3. In the case of a regulated investment company or real
  130  estate investment trust, an amount equal to the excess of the
  131  net long-term capital gain for the taxable year over the amount
  132  of the capital gain dividends attributable to the taxable year.
  133         4. That portion of the wages or salaries paid or incurred
  134  for the taxable year which is equal to the amount of the credit
  135  allowable for the taxable year under s. 220.181. This
  136  subparagraph shall expire on the date specified in s. 290.016
  137  for the expiration of the Florida Enterprise Zone Act.
  138         5. That portion of the ad valorem school taxes paid or
  139  incurred for the taxable year which is equal to the amount of
  140  the credit allowable for the taxable year under s. 220.182. This
  141  subparagraph shall expire on the date specified in s. 290.016
  142  for the expiration of the Florida Enterprise Zone Act.
  143         6. The amount taken as a credit under s. 220.195 which is
  144  deductible from gross income in the computation of taxable
  145  income for the taxable year.
  146         7. That portion of assessments to fund a guaranty
  147  association incurred for the taxable year which is equal to the
  148  amount of the credit allowable for the taxable year.
  149         8. In the case of a nonprofit corporation which holds a
  150  pari-mutuel permit and which is exempt from federal income tax
  151  as a farmers’ cooperative, an amount equal to the excess of the
  152  gross income attributable to the pari-mutuel operations over the
  153  attributable expenses for the taxable year.
  154         9. The amount taken as a credit for the taxable year under
  155  s. 220.1895.
  156         10. Up to nine percent of the eligible basis of any
  157  designated project which is equal to the credit allowable for
  158  the taxable year under s. 220.185.
  159         11. The amount taken as a credit for the taxable year under
  160  s. 220.1875. The addition in this subparagraph is intended to
  161  ensure that the same amount is not allowed for the tax purposes
  162  of this state as both a deduction from income and a credit
  163  against the tax. This addition is not intended to result in
  164  adding the same expense back to income more than once.
  165         12. The amount taken as a credit for the taxable year under
  166  s. 220.192.
  167         12.13. The amount taken as a credit for the taxable year
  168  under s. 220.193.
  169         13.14. Any portion of a qualified investment, as defined in
  170  s. 288.9913, which is claimed as a deduction by the taxpayer and
  171  taken as a credit against income tax pursuant to s. 288.9916.
  172         14.15. The costs to acquire a tax credit pursuant to s.
  173  288.1254(5) that are deducted from or otherwise reduce federal
  174  taxable income for the taxable year.
  175         15.16. The amount taken as a credit for the taxable year
  176  pursuant to s. 220.194.
  177         16.17. The amount taken as a credit for the taxable year
  178  under s. 220.196. The addition in this subparagraph is intended
  179  to ensure that the same amount is not allowed for the tax
  180  purposes of this state as both a deduction from income and a
  181  credit against the tax. The addition is not intended to result
  182  in adding the same expense back to income more than once.
  183         17.The amount taken as a credit for the taxable year under
  184  s. 220.197.
  185         Section 4. This act shall take effect July 1, 2020.