Florida Senate - 2023 CS for SB 358 By the Committee on Finance and Tax; and Senators Burgess and Calatayud 593-02813-23 2023358c1 1 A bill to be entitled 2 An act relating to residential graywater system tax 3 credits; amending s. 213.053, F.S.; authorizing the 4 Department of Revenue to provide certain information 5 to the Department of Environmental Protection; 6 creating s. 220.199, F.S.; defining terms; providing a 7 tax credit to developers and homebuilders for certain 8 graywater systems purchased during the taxable year; 9 providing a cap on the amount of the tax credit per 10 system; specifying information the developer or 11 homebuilder must provide to the Department of 12 Environmental Protection; requiring the Department of 13 Environmental Protection to certify to the applicant 14 and the Department of Revenue its determination of an 15 applicant’s eligibility for the tax credit within a 16 specified timeframe; authorizing tax credits to be 17 carried forward for up to a specified number of years; 18 requiring the Department of Revenue and the Department 19 of Environmental Protection to adopt rules; amending 20 s. 220.02, F.S.; revising the order in which credits 21 may be taken to include credits created by the act; 22 amending s. 220.13, F.S.; revising the definition of 23 the term “adjusted federal income” to include credits 24 created by the act; providing an effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Paragraph (o) of subsection (8) of section 29 213.053, Florida Statutes, is amended to read: 30 213.053 Confidentiality and information sharing.— 31 (8) Notwithstanding any other provision of this section, 32 the department may provide: 33 (o) Information relative to ss. 220.1845, 220.199, and 34 376.30781 to the Department of Environmental Protection in the 35 conduct of its official business. 36 37 Disclosure of information under this subsection shall be 38 pursuant to a written agreement between the executive director 39 and the agency. Such agencies, governmental or nongovernmental, 40 shall be bound by the same requirements of confidentiality as 41 the Department of Revenue. Breach of confidentiality is a 42 misdemeanor of the first degree, punishable as provided by s. 43 775.082 or s. 775.083. 44 Section 2. Section 220.199, Florida Statutes, is created to 45 read: 46 220.199 Residential graywater system tax credit.— 47 (1) For purposes of this section, the term: 48 (a) “Developer” has the same meaning as in s. 380.031(2). 49 (b) “Graywater” has the same meaning as in s. 50 381.0065(2)(f). 51 (2) For taxable years beginning on or after January 1, 52 2024, a developer or homebuilder is eligible to receive a credit 53 against the tax imposed by this chapter in an amount up to 50 54 percent of the cost of each NSF/ANSI 350 Class R certified 55 noncommercial, residential graywater system purchased during the 56 taxable year. The tax credit may not exceed $4,200 for each 57 system purchased. 58 (3) To claim a credit under this section, a developer or 59 homebuilder must submit an application to the Department of 60 Environmental Protection which includes documentation showing 61 that the developer or homebuilder has purchased for use in this 62 state a graywater system meeting the requirements of subsection 63 (2) and that the graywater system meets the functionality 64 assurances provided in s. 403.892(3)(c). The Department of 65 Environmental Protection shall make a determination on the 66 eligibility of the applicant for the credit sought and shall 67 certify the determination to the applicant and the Department of 68 Revenue within 60 days after receipt of a completed application. 69 The taxpayer must attach the certification from the Department 70 of Environmental Protection to the tax return on which the 71 credit is claimed. 72 (4) Any unused tax credit authorized under this section may 73 be carried forward and claimed by the taxpayer for up to 2 74 taxable years. 75 (5) The Department of Revenue shall adopt rules to 76 administer this section, including, but not limited to, rules 77 prescribing forms for a credit and any evidence needed to 78 substantiate a claim for a credit under this section. 79 (6) The Department of Environmental Protection shall adopt 80 rules to administer this section, including, but not limited to, 81 rules relating to application forms for credit approval and 82 certification and the application and certification procedures, 83 guidelines, and requirements necessary to administer this 84 section. 85 Section 3. Subsection (8) of section 220.02, Florida 86 Statutes, is amended to read: 87 220.02 Legislative intent.— 88 (8) It is the intent of the Legislature that credits 89 against either the corporate income tax or the franchise tax be 90 applied in the following order: those enumerated in s. 631.828, 91 those enumerated in s. 220.191, those enumerated in s. 220.181, 92 those enumerated in s. 220.183, those enumerated in s. 220.182, 93 those enumerated in s. 220.1895, those enumerated in s. 220.195, 94 those enumerated in s. 220.184, those enumerated in s. 220.186, 95 those enumerated in s. 220.1845, those enumerated in s. 220.19, 96 those enumerated in s. 220.185, those enumerated in s. 220.1875, 97 those enumerated in s. 220.1876, those enumerated in s. 98 220.1877, those enumerated in s. 220.193, those enumerated in s. 99 288.9916, those enumerated in s. 220.1899, those enumerated in 100 s. 220.194, those enumerated in s. 220.196, those enumerated in 101 s. 220.198,andthose enumerated in s. 220.1915, and those 102 enumerated in s. 220.199. 103 Section 4. Paragraph (a) of subsection (1) of section 104 220.13, Florida Statutes, is amended to read: 105 220.13 “Adjusted federal income” defined.— 106 (1) The term “adjusted federal income” means an amount 107 equal to the taxpayer’s taxable income as defined in subsection 108 (2), or such taxable income of more than one taxpayer as 109 provided in s. 220.131, for the taxable year, adjusted as 110 follows: 111 (a) Additions.—There shall be added to such taxable income: 112 1.a. The amount of any tax upon or measured by income, 113 excluding taxes based on gross receipts or revenues, paid or 114 accrued as a liability to the District of Columbia or any state 115 of the United States which is deductible from gross income in 116 the computation of taxable income for the taxable year. 117 b. Notwithstanding sub-subparagraph a., if a credit taken 118 under s. 220.1875, s. 220.1876, or s. 220.1877 is added to 119 taxable income in a previous taxable year under subparagraph 11. 120 and is taken as a deduction for federal tax purposes in the 121 current taxable year, the amount of the deduction allowed shall 122 not be added to taxable income in the current year. The 123 exception in this sub-subparagraph is intended to ensure that 124 the credit under s. 220.1875, s. 220.1876, or s. 220.1877 is 125 added in the applicable taxable year and does not result in a 126 duplicate addition in a subsequent year. 127 2. The amount of interest which is excluded from taxable 128 income under s. 103(a) of the Internal Revenue Code or any other 129 federal law, less the associated expenses disallowed in the 130 computation of taxable income under s. 265 of the Internal 131 Revenue Code or any other law, excluding 60 percent of any 132 amounts included in alternative minimum taxable income, as 133 defined in s. 55(b)(2) of the Internal Revenue Code, if the 134 taxpayer pays tax under s. 220.11(3). 135 3. In the case of a regulated investment company or real 136 estate investment trust, an amount equal to the excess of the 137 net long-term capital gain for the taxable year over the amount 138 of the capital gain dividends attributable to the taxable year. 139 4. That portion of the wages or salaries paid or incurred 140 for the taxable year which is equal to the amount of the credit 141 allowable for the taxable year under s. 220.181. This 142 subparagraph shall expire on the date specified in s. 290.016 143 for the expiration of the Florida Enterprise Zone Act. 144 5. That portion of the ad valorem school taxes paid or 145 incurred for the taxable year which is equal to the amount of 146 the credit allowable for the taxable year under s. 220.182. This 147 subparagraph shall expire on the date specified in s. 290.016 148 for the expiration of the Florida Enterprise Zone Act. 149 6. The amount taken as a credit under s. 220.195 which is 150 deductible from gross income in the computation of taxable 151 income for the taxable year. 152 7. That portion of assessments to fund a guaranty 153 association incurred for the taxable year which is equal to the 154 amount of the credit allowable for the taxable year. 155 8. In the case of a nonprofit corporation which holds a 156 pari-mutuel permit and which is exempt from federal income tax 157 as a farmers’ cooperative, an amount equal to the excess of the 158 gross income attributable to the pari-mutuel operations over the 159 attributable expenses for the taxable year. 160 9. The amount taken as a credit for the taxable year under 161 s. 220.1895. 162 10. Up to nine percent of the eligible basis of any 163 designated project which is equal to the credit allowable for 164 the taxable year under s. 220.185. 165 11. Any amount taken as a credit for the taxable year under 166 s. 220.1875, s. 220.1876, or s. 220.1877. The addition in this 167 subparagraph is intended to ensure that the same amount is not 168 allowed for the tax purposes of this state as both a deduction 169 from income and a credit against the tax. This addition is not 170 intended to result in adding the same expense back to income 171 more than once. 172 12. The amount taken as a credit for the taxable year under 173 s. 220.193. 174 13. Any portion of a qualified investment, as defined in s. 175 288.9913, which is claimed as a deduction by the taxpayer and 176 taken as a credit against income tax pursuant to s. 288.9916. 177 14. The costs to acquire a tax credit pursuant to s. 178 288.1254(5) that are deducted from or otherwise reduce federal 179 taxable income for the taxable year. 180 15. The amount taken as a credit for the taxable year 181 pursuant to s. 220.194. 182 16. The amount taken as a credit for the taxable year under 183 s. 220.196. The addition in this subparagraph is intended to 184 ensure that the same amount is not allowed for the tax purposes 185 of this state as both a deduction from income and a credit 186 against the tax. The addition is not intended to result in 187 adding the same expense back to income more than once. 188 17. The amount taken as a credit for the taxable year 189 pursuant to s. 220.198. 190 18. The amount taken as a credit for the taxable year 191 pursuant to s. 220.1915. 192 19. The amount taken as a credit for the taxable year 193 pursuant to s. 220.199. 194 Section 5. This act shall take effect July 1, 2023.