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         288.062Florida 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.