Florida Senate - 2025 SB 1322 By Senator Simon 3-01365A-25 20251322__ 1 A bill to be entitled 2 An act relating to tax credits for investment in rural 3 communities; creating s. 288.062, F.S.; providing a 4 short title; providing definitions; requiring the 5 Department of Commerce to accept applications for 6 approval as rural funds in a specified manner; 7 requiring that certain information be submitted in an 8 application; requiring the department to approve or 9 deny applications within a specified timeframe; 10 prohibiting the department from approving more than a 11 certain amount of investment authority; requiring the 12 department to deny applications under certain 13 circumstances; authorizing an applicant whose 14 application was denied to provide additional 15 information within a certain timeframe to cure defects 16 in the application; requiring the department to review 17 and reconsider such applications within a certain 18 timeframe; prohibiting the department from reducing 19 the investment authority of an application or denying 20 an application unless certain conditions are met; 21 requiring the department to certify approved 22 applications; providing requirements for certified 23 rural funds; requiring the department to provide a tax 24 credit certificate to certain taxpayers; requiring the 25 department to revoke a rural fund’s certification 26 under specified conditions; requiring the department 27 to distribute revoked investment authority among 28 certain rural funds; authorizing rural funds to 29 allocate associated investor contribution authority to 30 certain taxpayers; granting a credit against state tax 31 liability for specified investors; providing 32 restrictions on the credit; requiring that taxpayers 33 claiming a credit submit a copy of the tax credit 34 certificate with their tax return; requiring the 35 department to revoke a tax credit certificate under 36 certain circumstances; authorizing rural funds to 37 request certain determinations from the department; 38 specifying a timeframe within which rural funds may 39 correct violations to avoid revocation of a tax credit 40 certificate; authorizing the department to distribute 41 reverted investment authority among certain rural 42 funds; authorizing rural funds to submit an exit 43 application; providing a timeframe and procedures for 44 the department to use in handling exit applications; 45 prohibiting the department from revoking a rural 46 fund’s tax credit certificate after it exits the 47 program; requiring rural funds to submit an annual 48 report to the department beginning on a date certain; 49 requiring that the annual report include certain 50 information; prohibiting applications from being 51 accepted after a date certain; providing an effective 52 date. 53 54 Be It Enacted by the Legislature of the State of Florida: 55 56 Section 1. Section 288.062, Florida Statutes, is created to 57 read: 58 288.062 Florida Rural Jobs Act.— 59 (1) This section may be cited as the “Florida Rural Jobs 60 Act.” 61 (2) As used in this section the term: 62 (a) “Affiliate” means an entity that directly, or 63 indirectly through one or more intermediaries, controls, is 64 controlled by, or is under common control with another entity. 65 For the purposes of this paragraph, an entity is controlled by 66 another entity if the controlling entity holds, directly or 67 indirectly, the majority voting or ownership interest in the 68 controlled entity or has control over the day-to-day operations 69 of the controlled entity. 70 (b) “Credit allowance date” means the date on which the 71 department provides a tax credit certificate under paragraph 72 (8)(b). 73 (c) “Department” means the Department of Commerce. 74 (d) “Eligible business” means a business that, at the time 75 a rural fund initially invests in the business: 76 1. Has fewer than 250 employees; and 77 2. Has its principal business operations in this state. 78 (e) “Eligible investment” means any capital or equity 79 investment in an eligible business or any loan to an eligible 80 business with a stated maturity at least 1 year after the date 81 of issuance. 82 (f) “Investment authority” means the amount certified by 83 the department under subsection (7). 84 (g) “Investor contribution” means a cash investment in a 85 rural fund. The cash investment shall purchase an equity 86 interest in the rural fund or purchase at par value or premium a 87 debt instrument that has a maturity date at least 7 years after 88 the credit allowance date and a repayment schedule that is no 89 greater than level principal amortization over 7 years. 90 (h) “Jobs retained” means the number of full-time high-wage 91 employment positions that existed before the initial eligible 92 investment in an eligible business and for which the eligible 93 business’ chief executive officer or similar officer certifies 94 that the employment positions would have been eliminated but for 95 the initial eligible investment. 96 (i) “Principal business operation” means the location or 97 locations at which at least 60 percent of a business’s employees 98 work or at which the employees who are paid at least 60 percent 99 of the business’s payroll are located. A business that agrees to 100 relocate or hire new employees using the proceeds of an eligible 101 investment to establish its principal business operation in this 102 state is deemed to have its principal business operations in the 103 new location, provided the business satisfies this definition 104 within 180 days after receiving the eligible investment. 105 (j) “Rural fund” means an entity certified by the 106 department under subsection (7). 107 (k) “State tax” means a tax identified in chapter 220, s. 108 624.509, or s. 624.5091. 109 (3) On or before November 1, 2025, the department shall 110 accept applications for approval as a rural fund on a form 111 adopted by the department. The application must include all of 112 the following: 113 (a) The total investment authority sought by the applicant. 114 (b) Evidence that the applicant or an affiliate of the 115 applicant is licensed as a rural business investment company 116 defined in 7 U.S.C. s. 2009cc or as a small business investment 117 company under 15 U.S.C. s. 681. The applicant or the affiliate 118 must include a certificate executed by an executive officer of 119 the applicant attesting that such license remains in effect and 120 has not been revoked. 121 (c) Evidence that, as of the date the application is 122 submitted, the applicant or affiliates of the applicant have 123 invested at least $100 million in nonpublic companies located in 124 counties within the United States with a population of fewer 125 than 75,000 as of the United States Decennial Census of 2010. 126 (d) An estimate of the total number of new annual jobs that 127 will be created and jobs that will be retained over the life of 128 the program in this state because of the applicant’s proposed 129 eligible investments. 130 (e) A business plan that includes a revenue impact 131 assessment projecting state and local tax revenues to be 132 generated, as well as state expenditures to be reduced, by the 133 applicant’s proposed eligible investments, prepared by a 134 nationally recognized third-party independent economic 135 forecasting firm using a dynamic economic forecasting model that 136 analyzes the applicant’s business plan over the 10 years after 137 the date the application is submitted to the department. 138 (4)(a) Within 30 days after receipt of a completed 139 application, the department shall approve or deny the 140 application. 141 (b) The department shall deem applications that are 142 received on the same day as having been received simultaneously. 143 If requests for investment authority exceed the remaining tax 144 credit limitation under paragraph (c), the department must 145 proportionally reduce the investment authority and the investor 146 contributions for each approved application that day to avoid 147 exceeding the limit. 148 (c) The department shall approve investment authority up to 149 an amount that would allow no more than $7.143 million in tax 150 credits to be taken in any 1 year, excluding any credits carried 151 forward pursuant to paragraph (10)(a). 152 (5) The department shall deny an application if: 153 (a) The application is incomplete. 154 (b) The applicant does not satisfy the criteria set forth 155 in subsection (3). 156 (c) The revenue impact assessment submitted under paragraph 157 (3)(e) does not demonstrate that the applicant’s business plan 158 will result in a positive revenue impact on this state over a 159 10-year period which exceeds the cumulative amount of tax 160 credits that would be issued to the applicant’s investors. 161 (d) The department has already approved the maximum amount 162 of investment authority and investor contributions allowed under 163 subsection (4). 164 (6) If the department denies an application, the applicant, 165 within 15 days after the denial, may provide additional 166 information to the department to cure any defects in the 167 application as identified by the department. The department 168 shall review and reconsider such applications within 15 days 169 after receipt and before approving any pending applications 170 submitted after the original submission date of the reconsidered 171 application. 172 (7) The department may not reduce the requested investment 173 authority or deny a rural fund application for reasons other 174 than those described in subsection (4) or subsection (5). After 175 approving an application, the department shall certify: 176 (a) The applicant as a rural fund. 177 (b) The amount of the applicant’s investment authority. 178 (8)(a) Within 90 days after receiving the certification 179 issued under subsection (7), the rural fund shall collect all 180 investor contributions and collect additional investments of 181 cash which, when added to the investor contributions, at least 182 equal the rural fund’s investment authority. Within 95 days 183 after receiving the certification issued under subsection (7), 184 the rural fund shall send to the department documentation that 185 the rural fund has collected the amounts described in this 186 subsection. At least 10 percent of the rural fund’s investment 187 authority must consist of equity investments contributed by 188 affiliates of the rural fund. The rural fund shall report to the 189 department the date on which the investor contributions and 190 additional investments of cash were collected. 191 (b) Upon receipt of the documentation required by paragraph 192 (a), the department shall provide to each taxpayer who has made 193 an investor contribution in the amount of the investor 194 contribution a tax credit certificate. 195 (9) If the rural fund fails to comply with subsection (8), 196 the department must revoke the rural fund’s certification and 197 the corresponding investment authority and investor 198 contributions will not count toward the limits on the program 199 size set forth in subsection (4). The department shall first 200 award revoked investment authority pro rata to each rural fund 201 that was awarded less than the investment authority for which it 202 applied, and a rural fund may allocate the associated investor 203 contribution authority to any taxpayer with state tax liability 204 in its discretion. Any remaining investment authority may be 205 awarded by the department to new applicants. 206 (10)(a) Any taxpayer that makes an investor contribution is 207 vested with an earned credit against state tax liability equal 208 to that investor’s investor contribution. The credit may be used 209 over 7 years such that 7.14 percent of the credit is applied in 210 each of the taxable years that includes the year of the credit 211 allowance date through the fourth anniversary of the credit 212 allowance date, unless a specific request is made to carry 213 forward the credit allowance for a period not to exceed 10 214 years. 215 (b) The credit is nonrefundable and may not be sold, 216 transferred, or allocated to any other entity other than an 217 affiliate that was an affiliate at the time of the submission of 218 the investor’s affidavit included in the rural fund’s 219 application. 220 (c) The amount of the credit claimed by a taxpayer may not 221 exceed the amount of such taxpayer’s state tax liability for the 222 tax year for which the credit is claimed. 223 (d) A taxpayer claiming a credit under this section shall 224 submit a copy of the tax credit certificate with the taxpayer’s 225 return for each taxable year for which the credit is claimed. 226 (11) The department must revoke the tax credit certificates 227 issued under paragraph (8)(b) if any of the following occurs 228 with respect to a rural fund before the rural fund exits the 229 program in accordance with paragraph (15): 230 (a) The rural fund does not invest 60 percent of its 231 investment authority in eligible investments in this state 232 within 2 years after the credit allowance date. 233 (b) The rural fund does not invest 100 percent of its 234 investment authority in eligible investments in this state 235 within 3 years after the credit allowance date. 236 (c) The rural fund, after initially satisfying paragraph 237 (b), fails to maintain eligible investments equal to 100 percent 238 of its investment authority until the sixth anniversary of the 239 credit allowance date. For purposes of this paragraph, an 240 investment is maintained even if it is sold or repaid, so long 241 as the rural fund reinvests an amount equal to the capital 242 returned or recovered from the original investment, exclusive of 243 any profits realized, in other eligible investments in this 244 state within 12 months after the receipt of such capital. 245 Amounts received periodically by a rural fund shall be treated 246 as continuously invested in eligible investments if the amounts 247 are reinvested in one or more eligible investments by the end of 248 the following calendar year; however, there is no requirement to 249 reinvest capital after the sixth anniversary for purposes of 250 eligibility under this paragraph. 251 (d) The rural fund, before exiting the program in 252 accordance with paragraph (15) or 30 days after the seventh 253 anniversary of the credit allowance date, makes a distribution 254 or payment that results in the rural fund having less than 100 255 percent of its investment authority invested in eligible 256 investments in this state or available for investment in 257 eligible investments and held in cash and other marketable 258 securities. 259 (e) The rural fund invests in an eligible business that 260 directly, or indirectly through an affiliate, owns, has the 261 right to acquire an ownership interest in, makes a loan to, or 262 makes an investment in the rural fund of an affiliate of the 263 rural fund or an investor in the rural fund. 264 265 The department in its sole discretion may, upon request, and if 266 the department believes that the investment aligns with the 267 purposes of this section, allow paragraphs (a), (b), and (c) to 268 be satisfied by investments in businesses that are not eligible 269 businesses or located in nonrural areas. 270 (12) Before making an eligible investment, a rural fund may 271 request a written opinion from the department as to whether the 272 business in which it proposes to invest satisfies the definition 273 of an eligible business. The department, no later than 15 274 business days after the date of receipt of the request, shall 275 provide the rural fund with a determination letter providing its 276 opinion. If the department fails to issue a determination letter 277 within that timeframe, the business in which the rural fund 278 proposes to invest shall be considered an eligible business. 279 (13) Before revoking a tax credit certificate under 280 subsection (11), the department shall notify the rural fund of 281 the reasons for the pending revocation. The rural fund shall 282 have 180 days after the date the notice was received to correct 283 any violation outlined in the notice to the satisfaction of the 284 department and avoid revocation of the tax credit certificate. 285 (14) If the department revokes any tax credit certificates 286 under subsection (11), the associated investment authority and 287 investor contributions may not count toward the limit on total 288 investment authority and investor contributions described in 289 subsection (4). The department shall award any remaining 290 investment authority to restore any reduction under paragraph 291 (4)(b). 292 (15) On or after the seventh anniversary of the credit 293 allowance date, a rural fund may apply to the department to exit 294 the program and no longer be subject to regulation. The 295 department shall approve or deny the application within 15 days 296 after receipt. In evaluating the application, the fact that no 297 tax credit certificates have been revoked and that the rural 298 fund has not received a notice of revocation that has not been 299 cured pursuant to subsection (13) is sufficient evidence that 300 the rural fund is eligible for exit. The department may not 301 unreasonably deny an application submitted under this 302 subsection. If the application is denied, the notice of denial 303 shall include the reasons for the determination. 304 (16) The department may not revoke a tax credit certificate 305 after a rural fund exits the program. 306 (17)(a) Each rural fund shall submit to the department a 307 report on or before the 15th business day after the second and 308 third anniversaries of the credit allowance date which provides 309 documentation that the rural fund has invested the amounts 310 required in paragraphs (11)(a) and (b). Such report shall also 311 include all of the following: 312 1. The name and location of each eligible business 313 receiving an eligible investment, including either the written 314 determination under subsection (12) or evidence that the 315 business qualified as an eligible business at the time the 316 investment was made, if not previously reported. 317 2. A bank statement evidencing each eligible investment, if 318 not previously reported. 319 3. The number of jobs created and retained as a result of 320 each eligible investment, and the average salary of each 321 position. 322 4. Any other information required by the department. 323 (b) On or before March 1 of the subsequent calendar year 324 after the final report required in paragraph (a), and annually 325 until its exit from the program in accordance with paragraph 326 (15), the rural fund shall submit to the department a report 327 that identifies each eligible investment made by the rural fund 328 and shall include: 329 1. The number of jobs created and retained as a result of 330 the eligible investment and the annual salary of each position. 331 2. Any other information required by the department. 332 (18) The department may not accept any new applications 333 after December 1, 2034. 334 Section 2. This act shall take effect July 1, 2025.