Amendment
Bill No. CS/HB 143

Amendment No. 756967

CHAMBER ACTION
Senate		House
.
.
.

---

---

1	Representative Precourt offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5
6	Section 1.  Paragraph (f) of subsection (2) of section
7	14.2015, Florida Statutes, is amended to read:
8	14.2015  Office of Tourism, Trade, and Economic
9	Development; creation; powers and duties.-
10	(2)  The purpose of the Office of Tourism, Trade, and
11	Economic Development is to assist the Governor in working with
12	the Legislature, state agencies, business leaders, and economic
13	development professionals to formulate and implement coherent
14	and consistent policies and strategies designed to provide
15	economic opportunities for all Floridians. To accomplish such
16	purposes, the Office of Tourism, Trade, and Economic Development
17	shall:
18	(f)1.  Administer the Florida Enterprise Zone Act under ss.
19	290.001-290.016, the community contribution tax credit program
20	under ss. 220.183 and 624.5105, the tax refund program for
21	qualified target industry businesses under s. 288.106, the tax-
22	refund program for qualified defense contractors and space
23	flight business contractors under s. 288.1045, contracts for
24	transportation projects under s. 288.063, the sports franchise
25	facility programs under ss. 288.1162 and 288.11621, the
26	professional golf hall of fame facility program under s.
27	288.1168, the expedited permitting process under s. 403.973, the
28	Rural Community Development Revolving Loan Fund under s.
29	288.065, the Regional Rural Development Grants Program under s.
30	288.018, the Certified Capital Company Act under s. 288.99, the
31	Florida State Rural Development Council, the Rural Economic
32	Development Initiative, the corporate income tax credits for
33	spaceflight projects under s. 220.194, and other programs that
34	are specifically assigned to the office by law, by the
35	appropriations process, or by the Governor.
36	1.  Notwithstanding any other provisions of law, the office
37	may expend interest earned from the investment of program funds
38	deposited in the Grants and Donations Trust Fund to contract for
39	the administration of the programs, or portions of the programs,
40	enumerated in this paragraph or assigned to the office by law,
41	by the appropriations process, or by the Governor. Such
42	expenditures are shall be subject to review under chapter 216.
43	2.  The office may enter into contracts in connection with
44	the fulfillment of its duties concerning the Florida First
45	Business Bond Pool under chapter 159, tax incentives under
46	chapters 212 and 220, tax incentives under the Certified Capital
47	Company Act in chapter 288, foreign offices under chapter 288,
48	the Enterprise Zone program under chapter 290, the Seaport
49	Employment Training program under chapter 311, the Florida
50	Professional Sports Team License Plates under chapter 320,
51	Spaceport Florida under chapter 331, Expedited Permitting under
52	chapter 403, and in carrying out other functions that are
53	specifically assigned to the office by law, by the
54	appropriations process, or by the Governor.
55	Section 2.  Effective January 1, 2012, paragraph (a) of
56	subsection (1) of section 72.011, Florida Statutes, is amended
57	to read:
58	72.011  Jurisdiction of circuit courts in specific tax
59	matters; administrative hearings and appeals; time for
60	commencing action; parties; deposits.-
61	(1)(a)  A taxpayer may contest the legality of any
62	assessment or denial of refund of tax, fee, surcharge, permit,
63	interest, or penalty provided for under s. 125.0104, s.
64	125.0108, chapter 198, chapter 199, chapter 201, chapter 202,
65	chapter 203, chapter 206, chapter 207, chapter 210, chapter 211,
66	chapter 212, chapter 213, chapter 220, chapter 221, s.
67	379.362(3), chapter 376, s. 403.717, s. 403.718, s. 403.7185, s.
68	538.09, s. 538.25, chapter 550, chapter 561, chapter 562,
69	chapter 563, chapter 564, chapter 565, chapter 624, or s.
70	681.117 by filing an action in circuit court; or, alternatively,
71	the taxpayer may file a petition under the applicable provisions
72	of chapter 120. However, once an action has been initiated under
73	s. 120.56, s. 120.565, s. 120.569, s. 120.57, or s.
74	120.80(14)(b), no action relating to the same subject matter may
75	be filed by the taxpayer in circuit court, and judicial review
76	shall be exclusively limited to appellate review pursuant to s.
77	120.68; and once an action has been initiated in circuit court,
78	no action may be brought under chapter 120.
79	Section 3.  Effective January 1, 2012, section 72.041,
80	Florida Statutes, is amended to read:
81	72.041  Tax liabilities arising under the laws of other
82	states.-Actions to enforce lawfully imposed sales, use, and
83	corporate income taxes and motor and other fuel taxes of another
84	state may be brought in a court of this state under the
85	following conditions:
86	(1)  The state seeking to institute an action for the
87	collection, assessment, or enforcement of a lawfully imposed tax
88	must have extended a like courtesy to this state;
89	(2)  Venue for any action under this section shall be the
90	circuit court of the county in which the defendant resides;
91	(3)  This section does not apply to the enforcement of tax
92	warrants of another state unless the warrant has been obtained
93	as a result of a judgment entered by a court of competent
94	jurisdiction in the taxing state or unless the courts of the
95	state seeking to enforce its warrant allow the enforcement of
96	the warrants issued by the Department of Revenue pursuant to
97	chapters 206, 212, 213, and 220, and 221; and
98	(4)  All tax liabilities owing to this state or any of its
99	subdivisions shall be paid first and shall be prior in right to
100	any tax liability arising under the laws of other states.
101	Section 4.  Section 216.138, Florida Statutes, is amended
102	to read:
103	216.138  Authority to request additional analysis of
104	legislative proposals legislation.-
105	(1)  The President of the Senate or the Speaker of the
106	House of Representatives may request special impact sessions of
107	consensus estimating conferences to evaluate legislative
108	proposals proposed legislation based on tools and models not
109	generally employed by the consensus estimating conferences,
110	including cost-benefit, return-on-investment, or dynamic scoring
111	techniques, when suitable and appropriate for the legislative
112	proposals legislation being evaluated.
113	(2)  Unless exempt from s. 119.07(1), information used to
114	develop the analyses shall be available to the public. In
115	addition, all meetings of a special impact estimating conference
116	shall be open to the public. The President of the Senate and the
117	Speaker of the House of Representatives, jointly, shall be the
118	sole judge for the interpretation, implementation, and
119	enforcement of this subsection.
120	(3)  A special impact estimating conference shall consist
121	of four principals: one person from the Executive Office of the
122	Governor; the coordinator of the Office of Economic and
123	Demographic Research, or his or her designee; one person from
124	the professional staff of the Senate; and one person from the
125	professional staff of the House of Representatives. Each
126	principal shall have appropriate fiscal expertise in the subject
127	matter of the legislative proposal. A separate special impact
128	estimating conference may be appointed for each proposal.
129	(4)  After the designation of the four principals, a
130	special impact estimating conference shall convene to adopt
131	official information relating to the proposal.
132	(a)  A principal may invite any person to participate in a
133	special impact estimating conference. Such person shall be
134	designated as a participant. A participant shall, at the request
135	of any principal before or during any meeting of a conference,
136	collect and supply data, perform analyses, or provide other
137	information needed by a conference.
138	(b)  The principal from the Office of Economic and
139	Demographic Research may convene any of the conferences
140	established in s. 216.136 to reach a consensus on supplemental
141	information required for the analysis of the proposed
142	legislation.
143	(c)  All official information of a special impact
144	estimating conference shall be adopted by consensus of all of
145	the principals of the conference. For the purposes of this
146	section, the terms "official information" and "consensus" have
147	the same meanings as provided in s. 216.133.
148	Section 5.  Subsection (8) of section 220.02, Florida
149	Statutes, is amended to read:
150	220.02  Legislative intent.-
151	(8)  It is the intent of the Legislature that credits
152	against either the corporate income tax or the franchise tax be
153	applied in the following order: those enumerated in s. 631.828,
154	those enumerated in s. 220.191, those enumerated in s. 220.181,
155	those enumerated in s. 220.183, those enumerated in s. 220.182,
156	those enumerated in s. 220.1895, those enumerated in s. 221.02,
157	those enumerated in s. 220.184, those enumerated in s. 220.186,
158	those enumerated in s. 220.1845, those enumerated in s. 220.19,
159	those enumerated in s. 220.185, those enumerated in s. 220.1875,
160	those enumerated in s. 220.192, those enumerated in s. 220.193,
161	those enumerated in s. 288.9916, those enumerated in s.
162	220.1899, and those enumerated in s. 220.1896, those enumerated
163	in s. 220.194, and those enumerated in s. 220.196.
164	Section 6.  Effective January 1, 2012, subsection (8) of
165	section 220.02, Florida Statutes, as amended by this act, is
166	amended to read:
167	220.02  Legislative intent.-
168	(8)  It is the intent of the Legislature that credits
169	against either the corporate income tax or the franchise tax be
170	applied in the following order: those enumerated in s. 631.828,
171	those enumerated in s. 220.191, those enumerated in s. 220.181,
172	those enumerated in s. 220.183, those enumerated in s. 220.182,
173	those enumerated in s. 220.1895, those enumerated in s. 220.195
174	221.02, those enumerated in s. 220.184, those enumerated in s.
175	220.186, those enumerated in s. 220.1845, those enumerated in s.
176	220.19, those enumerated in s. 220.185, those enumerated in s.
177	220.1875, those enumerated in s. 220.192, those enumerated in s.
178	220.193, those enumerated in s. 288.9916, those enumerated in s.
179	220.1899, those enumerated in s. 220.1896, those enumerated in
180	s. 220.194, and those enumerated in 220.196.
181	Section 7.  Paragraphs (a) and (b) of subsection (1) of
182	section 220.13, Florida Statutes, are amended to read:
183	220.13  "Adjusted federal income" defined.-
184	(1)  The term "adjusted federal income" means an amount
185	equal to the taxpayer's taxable income as defined in subsection
186	(2), or such taxable income of more than one taxpayer as
187	provided in s. 220.131, for the taxable year, adjusted as
188	follows:
189	(a)  Additions.-There shall be added to such taxable
190	income:
191	1.  The amount of any tax upon or measured by income,
192	excluding taxes based on gross receipts or revenues, paid or
193	accrued as a liability to the District of Columbia or any state
194	of the United States which is deductible from gross income in
195	the computation of taxable income for the taxable year.
196	2.  The amount of interest which is excluded from taxable
197	income under s. 103(a) of the Internal Revenue Code or any other
198	federal law, less the associated expenses disallowed in the
199	computation of taxable income under s. 265 of the Internal
200	Revenue Code or any other law, excluding 60 percent of any
201	amounts included in alternative minimum taxable income, as
202	defined in s. 55(b)(2) of the Internal Revenue Code, if the
203	taxpayer pays tax under s. 220.11(3).
204	3.  In the case of a regulated investment company or real
205	estate investment trust, an amount equal to the excess of the
206	net long-term capital gain for the taxable year over the amount
207	of the capital gain dividends attributable to the taxable year.
208	4.  That portion of the wages or salaries paid or incurred
209	for the taxable year which is equal to the amount of the credit
210	allowable for the taxable year under s. 220.181. This
211	subparagraph shall expire on the date specified in s. 290.016
212	for the expiration of the Florida Enterprise Zone Act.
213	5.  That portion of the ad valorem school taxes paid or
214	incurred for the taxable year which is equal to the amount of
215	the credit allowable for the taxable year under s. 220.182. This
216	subparagraph shall expire on the date specified in s. 290.016
217	for the expiration of the Florida Enterprise Zone Act.
218	6.  The amount of emergency excise tax paid or accrued as a
219	liability to this state under chapter 221 which tax is
220	deductible from gross income in the computation of taxable
221	income for the taxable year.
222	7.  That portion of assessments to fund a guaranty
223	association incurred for the taxable year which is equal to the
224	amount of the credit allowable for the taxable year.
225	8.  In the case of a nonprofit corporation which holds a
226	pari-mutuel permit and which is exempt from federal income tax
227	as a farmers' cooperative, an amount equal to the excess of the
228	gross income attributable to the pari-mutuel operations over the
229	attributable expenses for the taxable year.
230	9.  The amount taken as a credit for the taxable year under
231	s. 220.1895.
232	10.  Up to nine percent of the eligible basis of any
233	designated project which is equal to the credit allowable for
234	the taxable year under s. 220.185.
235	11.  The amount taken as a credit for the taxable year
236	under s. 220.1875. The addition in this subparagraph is intended
237	to ensure that the same amount is not allowed for the tax
238	purposes of this state as both a deduction from income and a
239	credit against the tax. This addition is not intended to result
240	in adding the same expense back to income more than once.
241	12.  The amount taken as a credit for the taxable year
242	under s. 220.192.
243	13.  The amount taken as a credit for the taxable year
244	under s. 220.193.
245	14.  Any portion of a qualified investment, as defined in
246	s. 288.9913, which is claimed as a deduction by the taxpayer and
247	taken as a credit against income tax pursuant to s. 288.9916.
248	15.  The costs to acquire a tax credit pursuant to s.
249	288.1254(5) that are deducted from or otherwise reduce federal
250	taxable income for the taxable year.
251	16.  The amount taken as a credit for the taxable year
252	under s. 220.194.
253	17.  The amount taken as a credit for the taxable year
254	under s. 220.196. The addition in this subparagraph is intended
255	to ensure that the same amount is not allowed for the tax
256	purposes of this state as both a deduction from income and a
257	credit against the tax. The addition is not intended to result
258	in adding the same expense back to income more than once.
259	(b)  Subtractions.-
260	1.  There shall be subtracted from such taxable income:
261	a.  The net operating loss deduction allowable for federal
262	income tax purposes under s. 172 of the Internal Revenue Code
263	for the taxable year, except that any net operating loss that is
264	transferred pursuant to s. 220.194(6) may not be deducted by the
265	seller,
266	b.  The net capital loss allowable for federal income tax
267	purposes under s. 1212 of the Internal Revenue Code for the
268	taxable year,
269	c.  The excess charitable contribution deduction allowable
270	for federal income tax purposes under s. 170(d)(2) of the
271	Internal Revenue Code for the taxable year, and
272	d.  The excess contributions deductions allowable for
273	federal income tax purposes under s. 404 of the Internal Revenue
274	Code for the taxable year.
275
276	However, a net operating loss and a capital loss shall never be
277	carried back as a deduction to a prior taxable year, but all
278	deductions attributable to such losses shall be deemed net
279	operating loss carryovers and capital loss carryovers,
280	respectively, and treated in the same manner, to the same
281	extent, and for the same time periods as are prescribed for such
282	carryovers in ss. 172 and 1212, respectively, of the Internal
283	Revenue Code.
284	2.  There shall be subtracted from such taxable income any
285	amount to the extent included therein the following:
286	a.  Dividends treated as received from sources without the
287	United States, as determined under s. 862 of the Internal
288	Revenue Code.
289	b.  All amounts included in taxable income under s. 78 or
290	s. 951 of the Internal Revenue Code.
291
292	However, as to any amount subtracted under this subparagraph,
293	there shall be added to such taxable income all expenses
294	deducted on the taxpayer's return for the taxable year which are
295	attributable, directly or indirectly, to such subtracted amount.
296	Further, no amount shall be subtracted with respect to dividends
297	paid or deemed paid by a Domestic International Sales
298	Corporation.
299	3.  In computing "adjusted federal income" for taxable
300	years beginning after December 31, 1976, there shall be allowed
301	as a deduction the amount of wages and salaries paid or incurred
302	within this state for the taxable year for which no deduction is
303	allowed pursuant to s. 280C(a) of the Internal Revenue Code
304	(relating to credit for employment of certain new employees).
305	4.  There shall be subtracted from such taxable income any
306	amount of nonbusiness income included therein.
307	5.  There shall be subtracted any amount of taxes of
308	foreign countries allowable as credits for taxable years
309	beginning on or after September 1, 1985, under s. 901 of the
310	Internal Revenue Code to any corporation which derived less than
311	20 percent of its gross income or loss for its taxable year
312	ended in 1984 from sources within the United States, as
313	described in s. 861(a)(2)(A) of the Internal Revenue Code, not
314	including credits allowed under ss. 902 and 960 of the Internal
315	Revenue Code, withholding taxes on dividends within the meaning
316	of sub-subparagraph 2.a., and withholding taxes on royalties,
317	interest, technical service fees, and capital gains.
318	6.  Notwithstanding any other provision of this code,
319	except with respect to amounts subtracted pursuant to
320	subparagraphs 1. and 3., any increment of any apportionment
321	factor which is directly related to an increment of gross
322	receipts or income which is deducted, subtracted, or otherwise
323	excluded in determining adjusted federal income shall be
324	excluded from both the numerator and denominator of such
325	apportionment factor. Further, all valuations made for
326	apportionment factor purposes shall be made on a basis
327	consistent with the taxpayer's method of accounting for federal
328	income tax purposes.
329	Section 8.  Effective January 1, 2012, paragraph (a) of
330	subsection (1) of section 220.13, Florida Statutes, as amended
331	by this act, is amended to read:
332	220.13  "Adjusted federal income" defined.-
333	(1)  The term "adjusted federal income" means an amount
334	equal to the taxpayer's taxable income as defined in subsection
335	(2), or such taxable income of more than one taxpayer as
336	provided in s. 220.131, for the taxable year, adjusted as
337	follows:
338	(a)  Additions.-There shall be added to such taxable
339	income:
340	1.  The amount of any tax upon or measured by income,
341	excluding taxes based on gross receipts or revenues, paid or
342	accrued as a liability to the District of Columbia or any state
343	of the United States which is deductible from gross income in
344	the computation of taxable income for the taxable year.
345	2.  The amount of interest which is excluded from taxable
346	income under s. 103(a) of the Internal Revenue Code or any other
347	federal law, less the associated expenses disallowed in the
348	computation of taxable income under s. 265 of the Internal
349	Revenue Code or any other law, excluding 60 percent of any
350	amounts included in alternative minimum taxable income, as
351	defined in s. 55(b)(2) of the Internal Revenue Code, if the
352	taxpayer pays tax under s. 220.11(3).
353	3.  In the case of a regulated investment company or real
354	estate investment trust, an amount equal to the excess of the
355	net long-term capital gain for the taxable year over the amount
356	of the capital gain dividends attributable to the taxable year.
357	4.  That portion of the wages or salaries paid or incurred
358	for the taxable year which is equal to the amount of the credit
359	allowable for the taxable year under s. 220.181. This
360	subparagraph shall expire on the date specified in s. 290.016
361	for the expiration of the Florida Enterprise Zone Act.
362	5.  That portion of the ad valorem school taxes paid or
363	incurred for the taxable year which is equal to the amount of
364	the credit allowable for the taxable year under s. 220.182. This
365	subparagraph shall expire on the date specified in s. 290.016
366	for the expiration of the Florida Enterprise Zone Act.
367	6.  The amount taken as a credit under s. 220.195 of
368	emergency excise tax paid or accrued as a liability to this
369	state under chapter 221 which tax is deductible from gross
370	income in the computation of taxable income for the taxable
371	year.
372	7.  That portion of assessments to fund a guaranty
373	association incurred for the taxable year which is equal to the
374	amount of the credit allowable for the taxable year.
375	8.  In the case of a nonprofit corporation which holds a
376	pari-mutuel permit and which is exempt from federal income tax
377	as a farmers' cooperative, an amount equal to the excess of the
378	gross income attributable to the pari-mutuel operations over the
379	attributable expenses for the taxable year.
380	9.  The amount taken as a credit for the taxable year under
381	s. 220.1895.
382	10.  Up to nine percent of the eligible basis of any
383	designated project which is equal to the credit allowable for
384	the taxable year under s. 220.185.
385	11.  The amount taken as a credit for the taxable year
386	under s. 220.1875. The addition in this subparagraph is intended
387	to ensure that the same amount is not allowed for the tax
388	purposes of this state as both a deduction from income and a
389	credit against the tax. This addition is not intended to result
390	in adding the same expense back to income more than once.
391	12.  The amount taken as a credit for the taxable year
392	under s. 220.192.
393	13.  The amount taken as a credit for the taxable year
394	under s. 220.193.
395	14.  Any portion of a qualified investment, as defined in
396	s. 288.9913, which is claimed as a deduction by the taxpayer and
397	taken as a credit against income tax pursuant to s. 288.9916.
398	15.  The costs to acquire a tax credit pursuant to s.
399	288.1254(5) that are deducted from or otherwise reduce federal
400	taxable income for the taxable year.
401	16.  The amount taken as a credit for the taxable year
402	pursuant to s. 220.194.
403	17.  The amount taken as a credit for the taxable year
404	under s. 220.196. The addition in this subparagraph is intended
405	to ensure that the same amount is not allowed for the tax
406	purposes of this state as both a deduction from income and a
407	credit against the tax. The addition is not intended to result
408	in adding the same expense back to income more than once.
409	Section 9.  Subsection (5) of section 220.131, Florida
410	Statutes, is amended to read:
411	220.131  Adjusted federal income; affiliated groups.-
412	(5)  Each taxpayer shall apportion adjusted federal income
413	under s. 220.15 as a member of an affiliated group which files a
414	consolidated return under this section on the basis of
415	apportionment factors described in s. 220.15. For the purposes
416	of this subsection, each special industry member included in an
417	affiliated group filing a consolidated return hereunder, who
418	which member would otherwise be permitted to use a special
419	method of apportionment under s. 220.151 or s. 220.153, shall
420	construct the numerator of its sales, property, and payroll
421	factors, respectively, by multiplying the denominator of each
422	such factor by the premiums, or revenue miles, or single sales
423	factor ratio otherwise applicable under pursuant to s. 220.151
424	or s. 220.153 in the manner prescribed by the department by
425	rule.
426	Section 10.  Subsection (1) of section 220.15, Florida
427	Statutes, is amended to read:
428	220.15  Apportionment of adjusted federal income.-
429	(1)  Except as provided in ss. 220.151, and 220.152, and
430	220.153, adjusted federal income as defined in s. 220.13 shall
431	be apportioned to this state by taxpayers doing business within
432	and without this state by multiplying it by an apportionment
433	fraction composed of a sales factor representing 50 percent of
434	the fraction, a property factor representing 25 percent of the
435	fraction, and a payroll factor representing 25 percent of the
436	fraction. If any factor described in subsection (2), subsection
437	(4), or subsection (5) has a denominator that is zero or is
438	determined by the department to be insignificant, the relative
439	weights of the other factors in the denominator of the
440	apportionment fraction shall be as follows:
441	(a)  If the denominators for any two factors are zero or
442	are insignificant, the weighted percentage for the remaining
443	factor shall be 100 percent.
444	(b)  If the denominator for the sales factor is zero or is
445	insignificant, the weighted percentage for the property and
446	payroll factors shall change from 25 percent to 50 percent,
447	respectively.
448	(c)  If the denominator for either the property or payroll
449	factor is zero or is insignificant, the weighted percentage for
450	the other shall be 33 1/3 percent, and the weighted percentage
451	for the sales factor shall be 66 2/3 percent.
452	Section 11.  Section 220.153, Florida Statutes, is created
453	to read:
454	220.153  Apportionment by sales factor.-
455	(1)  DEFINITIONS.-As used in this section, the term:
456	(a)  "Office" means the Office of Tourism, Trade, and
457	Economic Development.
458	(b)  "Qualified capital expenditures" means expenditures in
459	this state for purposes substantially related to a business's
460	production or sale of goods or services. The expenditure must
461	fund the acquisition of additional real property (land,
462	buildings, including appurtenances, fixtures and fixed
463	equipment, structures, etc.), including additions, replacements,
464	major repairs, and renovations to real property which materially
465	extend its useful life or materially improve or change its
466	functional use and the furniture and equipment necessary to
467	furnish and operate a new or improved facility. The term
468	"qualified capital expenditures" does not include an expenditure
469	for a passive investment or for an investment intended for the
470	accumulation of reserves or the realization of profit for
471	distribution to any person holding an ownership interest in the
472	business. The term "qualified capital expenditures" does not
473	include expenditures to acquire an existing business or
474	expenditures in excess of $125 million to acquire land or
475	buildings.
476	(2)  APPORTIONMENT OF TAXES; ELIGIBILITY.-A taxpayer, not
477	including a financial organization as defined in s. 220.15(6) or
478	a bank, savings association, international banking facility, or
479	banking organization as defined in s. 220.62, doing business
480	within and without this state, who applies and demonstrates to
481	the office that, within a 2-year period beginning on or after
482	July 1, 2011, it has made qualified capital expenditures equal
483	to or exceeding $250 million may apportion its adjusted federal
484	income solely by the sales factor set forth in s. 220.15(5),
485	commencing in the taxable year that the office approves the
486	application, but not before a taxable year that begins on or
487	after January 1, 2013. Once approved, a taxpayer may elect to
488	apportion its adjusted federal income for any taxable year using
489	the method provided under this section or the method provided
490	under s. 220.15.
491	(3)  QUALIFICATION PROCESS.-
492	(a)  To qualify as a taxpayer who is eligible to apportion
493	its adjusted federal income under this section:
494	1.  The taxpayer must notify the office of its intent to
495	submit an application to apportion its adjusted federal income
496	in order to commence the 2-year period for measuring qualified
497	capital expenditures.
498	2.  The taxpayer must submit an application to apportion
499	its adjusted federal income under this section to the office
500	within 2 years after notifying the office of the taxpayer's
501	intent to qualify. The application must be made under oath and
502	provide such information as the office reasonably requires by
503	rule for determining the applicant's eligibility to apportion
504	adjusted federal income under this section. The taxpayer is
505	responsible for affirmatively demonstrating to the satisfaction
506	of the office that it meets the eligibility requirements.
507	(b)  The taxpayer notice and application forms shall be
508	established by the office by rule. The office shall acknowledge
509	receipt of the notice and approve or deny the application in
510	writing within 45 days after receipt.
511	(4)  REVIEW AUTHORITY; RECAPTURE OF TAX.-
512	(a)  In addition to its existing audit authority, the
513	department may perform any financial and technical review and
514	investigation, including examining the accounts, books, and
515	records of the taxpayer as necessary, to verify that the
516	taxpayer's tax return correctly computes and apportions adjusted
517	federal income and to ensure compliance with this chapter.
518	(b)  The office may, by order, revoke its decision to grant
519	eligibility for apportionment pursuant to this section, and may
520	also order the recalculation of apportionment factors to those
521	applicable under s. 220.15 if, as the result of an audit,
522	investigation, or examination, it determines that information
523	provided by the taxpayer in the application, or in a statement,
524	representation, record, report, plan, or other document provided
525	to the office to become eligible for apportionment, was
526	materially false at the time it was made and that an individual
527	acting on behalf of the taxpayer knew, or should have known,
528	that the information submitted was false. The taxpayer shall pay
529	such additional taxes and interest as may be due pursuant to
530	this chapter computed as the difference between the tax that
531	would have been due under the apportionment formula provided in
532	s. 220.15 for such years and the tax actually paid. In addition,
533	the department shall assess a penalty equal to 100 percent of
534	the additional tax due.
535	(c)  The office shall immediately notify the department of
536	an order affecting a taxpayer's eligibility to apportion tax
537	pursuant to this section. A taxpayer who is liable for past tax
538	must file an amended return with the department, or such other
539	report as the department prescribes by rule, and pay any
540	required tax, interest, and penalty within 60 days after the
541	taxpayer receives notification from the office that the
542	previously approved credits have been revoked. If the revocation
543	is contested, the taxpayer shall file an amended return or other
544	report within 30 days after an order becomes final. A taxpayer
545	who fails to pay the past tax, interest, and penalty by the due
546	date is subject to the penalties provided in s. 220.803.
547	(5)  RULES.-The office and the department may adopt rules
548	to administer this section.
549	Section 12.  Paragraph (f) of subsection (2) of section
550	220.1845, Florida Statutes, is amended to read:
551	220.1845  Contaminated site rehabilitation tax credit.-
552	(2)  AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.-
553	(f)  The total amount of the tax credits which may be
554	granted under this section is $5 $2 million annually.
555	Section 13.  Subsections (4), (5), and (11) of section
556	376.30781, Florida Statutes, are amended to read:
557	376.30781  Tax credits for rehabilitation of drycleaning-
558	solvent-contaminated sites and brownfield sites in designated
559	brownfield areas; application process; rulemaking authority;
560	revocation authority.-
561	(4)  The Department of Environmental Protection is
562	responsible for allocating the tax credits provided for in s.
563	220.1845, which may not exceed a total of $5 $2 million in tax
564	credits annually.
565	(5)  To claim the credit for site rehabilitation or solid
566	waste removal, each tax credit applicant must apply to the
567	Department of Environmental Protection for an allocation of the
568	$5 $2 million annual credit by filing a tax credit application
569	with the Division of Waste Management on a form developed by the
570	Department of Environmental Protection in cooperation with the
571	Department of Revenue. The form shall include an affidavit from
572	each tax credit applicant certifying that all information
573	contained in the application, including all records of costs
574	incurred and claimed in the tax credit application, are true and
575	correct. If the application is submitted pursuant to
576	subparagraph (3)(a)2., the form must include an affidavit signed
577	by the real property owner stating that it is not, and has never
578	been, the owner or operator of the drycleaning facility where
579	the contamination exists. Approval of tax credits must be
580	accomplished on a first-come, first-served basis based upon the
581	date and time complete applications are received by the Division
582	of Waste Management, subject to the limitations of subsection
583	(14). To be eligible for a tax credit, the tax credit applicant
584	must:
585	(a)  For site rehabilitation tax credits, have entered into
586	a voluntary cleanup agreement with the Department of
587	Environmental Protection for a drycleaning-solvent-contaminated
588	site or a Brownfield Site Rehabilitation Agreement, as
589	applicable, and have paid all deductibles pursuant to s.
590	376.3078(3)(e) for eligible drycleaning-solvent-cleanup program
591	sites, as applicable. A site rehabilitation tax credit applicant
592	must submit only a single completed application per site for
593	each calendar year's site rehabilitation costs. A site
594	rehabilitation application must be received by the Division of
595	Waste Management of the Department of Environmental Protection
596	by January 31 of the year after the calendar year for which site
597	rehabilitation costs are being claimed in a tax credit
598	application. All site rehabilitation costs claimed must have
599	been for work conducted between January 1 and December 31 of the
600	year for which the application is being submitted. All payment
601	requests must have been received and all costs must have been
602	paid prior to submittal of the tax credit application, but no
603	later than January 31 of the year after the calendar year for
604	which site rehabilitation costs are being claimed.
605	(b)  For solid waste removal tax credits, have entered into
606	a brownfield site rehabilitation agreement with the Department
607	of Environmental Protection. A solid waste removal tax credit
608	applicant must submit only a single complete application per
609	brownfield site, as defined in the brownfield site
610	rehabilitation agreement, for solid waste removal costs. A solid
611	waste removal tax credit application must be received by the
612	Division of Waste Management of the Department of Environmental
613	Protection subsequent to the completion of the requirements
614	listed in paragraph (3)(e).
615	(11)  If a tax credit applicant does not receive a tax
616	credit allocation due to an exhaustion of the $5 2 million
617	annual tax credit authorization, such application will then be
618	included in the same first-come, first-served order in the next
619	year's annual tax credit allocation, if any, based on the prior
620	year application.
621	Section 14.  Subsection (5) is added to section 220.16,
622	Florida Statutes, to read:
623	220.16  Allocation of nonbusiness income.-Nonbusiness
624	income shall be allocated as follows:
625	(5)  The amount of payments received in exchange for
626	transferring a net operating loss authorized by s. 220.194 is
627	allocable to the state.
628	Section 15.  Section 220.194, Florida Statutes, is created
629	to read:
630	220.194  Corporate income tax credits for spaceflight
631	projects.-
632	(1)  SHORT TITLE.-This section may be cited as the "Florida
633	Space Business Incentives Act."
634	(2)  PURPOSE.-The purpose of this section is to create
635	incentives to attract launch, payload, research and development,
636	and other space business to this state.
637	(3)  DEFINITIONS.-As used in this section, the term:
638	(a)  "Administrative support" means that 51 percent or more
639	of an activity supports a certified spaceflight business.
640	(b)  "Certified" means that a spaceflight business has been
641	certified by the office as meeting all of the requirements
642	necessary to obtain at least one of the approved tax credits
643	available under this section, including approval to transfer a
644	credit.
645	(c)  "New employee" means a state resident who begins or
646	maintains full-time employment in this state with a spaceflight
647	business on or after October 1, 2011. The term does not include
648	a person who is a partner, majority stockholder, or owner of the
649	business or a person who is employed in a temporary construction
650	job or primarily involved with the construction of real
651	property.
652	(d)  "New job" means the full-time employment of an
653	employee in a manner that is consistent with terms used by the
654	Agency for Workforce Innovation and the United States Department
655	of Labor for purposes of unemployment compensation tax
656	administration and employment estimation. In order to meet the
657	requirement for certification specified in paragraph (5)(b), a
658	new job must:
659	1.  Pay new employees at least 115 percent of the statewide
660	or countywide average annual private-sector wage for the 3
661	taxable years immediately preceding filing an application for
662	certification;
663	2.  Require a new employee to perform duties on a regular
664	full-time basis in this state for an average of at least 36
665	hours per week each month for the 3 taxable years immediately
666	preceding filing an application for certification; and
667	3.  Not be held by a person who has previously been
668	included as a new employee on an application for any credit
669	authorized under this section.
670	(e)  "Office" means the Office of Tourism, Trade, and
671	Economic Development.
672	(f)  "Payload" means an object built or assembled in this
673	state to be placed into earth's upper atmospheres or space.
674	(g)  "Reentry" means to return or attempt to return an
675	object from earth's upper atmospheres or space.
676	(h)  "Reentry service" means an activity conducted in this
677	state related to preparing a reentry vehicle and any payload for
678	reentry and the reentry.
679	(i)  "Space vehicle" means any spacecraft, satellite, space
680	station, upper-stage, launch vehicle, reentry vehicle, and
681	related ground-support systems and equipment.
682	(j)  "Spaceflight business" means a business that:
683	1.  Is registered with the Secretary of State to do
684	business in this state; and
685	2.  Is currently engaged in a spaceflight project. A
686	spaceflight business may participate in more than one
687	spaceflight project at a time and may conduct work on a
688	commercial, governmental, or United States defense-related
689	spaceflight project.
690	(k)  "Spaceflight project" means any of the following
691	activities performed in this state:
692	1.  Designing, manufacturing, testing, or assembling a
693	space vehicle or components thereof;
694	2.  Providing a launch service, payload processing service,
695	or reentry service; or
696	3.  Providing the payload for a launch vehicle or reentry
697	space vehicle;
698	4.  Administrative support; or
699	5.  Providing the launch vehicle or the reentry vehicle for
700	space tourists.
701	(l)  "Taxpayer" has the same meaning as provided in s.
702	220.03.
703	(4)  TAX CREDITS.-
704	(a)  If approved and certified pursuant to subsection (5),
705	the following tax credits may be taken on a return for a taxable
706	year beginning on or after October 1, 2015:
707	1.  A certified spaceflight business may take a
708	nontransferable corporate income tax credit for up to 50 percent
709	of the business's tax liability under this chapter for the
710	taxable year in which the credit is taken. The maximum
711	nontransferable tax credit amount that may be approved per
712	taxpayer for a taxable year is $1 million. No more than $3
713	million in total tax credits pursuant to this subparagraph may
714	be certified pursuant to subsection (5). No credit may be
715	approved after October 1, 2017.
716	2.  A certified spaceflight business may transfer, in whole
717	or in part, its Florida net operating loss that would otherwise
718	be available to be taken on a return filed under this chapter,
719	provided that the activity giving rise to such net operating
720	loss must have occurred after July 1, 2011. The transfer allowed
721	under this subparagraph will be in the form of a transferable
722	tax credit equal to the amount of the net operating loss
723	eligible to be transferred. The maximum transferable tax credit
724	amount that may be approved per taxpayer for a taxable year is
725	$2.5 million. No more than $7 million in total tax credits
726	pursuant to this subparagraph may be certified pursuant to
727	subsection (5). No credit may be approved after October 1, 2017.
728	a.  In order to transfer the credit, the business must:
729	(I)  Have been approved to transfer the tax credit for the
730	taxable year in which it is transferred;
731	(II)  Have incurred a qualifying net operating loss on
732	activity in this state after July 1, 2011, directly associated
733	with one or more spaceflight projects in any of its 3 previous
734	taxable years;
735	(III)  Not be 50 percent or more owned or controlled,
736	directly or indirectly, by another corporation that has
737	demonstrated positive net income in any of the 3 previous
738	taxable years of ongoing operations; and
739	(IV)  Not be part of a consolidated group of affiliated
740	corporations, as filed for federal income tax purposes, which in
741	the aggregate demonstrated positive net income in any of the 3
742	previous taxable years.
743	b.  The credit that may be transferred by a certified
744	spaceflight business:
745	(I)  Is limited to the amount of eligible net operating
746	losses incurred in the immediate 3 taxable years before the
747	transfer; and
748	(II)  Must be directly associated with a spaceflight
749	project in this state as verified through an audit or
750	examination by a certified public accountant licensed to do
751	business in this state and as verified by the office.
752	(b)  Each certified spaceflight business may only be
753	approved for a credit under subparagraph (a)1. once and may only
754	be approved to transfer a tax credit under subparagraph (a)2.
755	once, and a certified spaceflight business may not be approved
756	for both in a single state fiscal year.
757	(c)  Credits approved under subparagraph (a)1. may be taken
758	only against the corporate income tax liability generated by or
759	arising out of a spaceflight project in this state, as verified
760	through an audit or examination by a certified public accountant
761	licensed to do business in this state and as verified by the
762	office.
763	(d)  A certified spaceflight business may not file a
764	consolidated return in order to claim the tax incentives
765	described in this subsection.
766	(e)  The certified spaceflight business or transferee must
767	demonstrate to the satisfaction of the office and the department
768	that it is eligible to take the credits approved under this
769	section.
770	(5)  APPLICATION AND CERTIFICATION.-
771	(a)  In order to claim a tax credit under this section, a
772	spaceflight business must first submit an application to the
773	office for approval to earn tax credits or create transferable
774	tax credits. The application must be filed by the date
775	established by the office. In addition to any information that
776	the office may require, the applicant must provide a complete
777	description of the activity in this state which demonstrates to
778	the office the applicant's likelihood to be certified to take or
779	transfer a credit. The applicant must also provide a description
780	of the total amount and type of credits for which approval is
781	sought. The office may consult with Space Florida regarding the
782	qualifications of an applicant. The applicant shall provide an
783	affidavit certifying that all information contained in the
784	application is true and correct.
785	1.  Approval of the credits shall be provided on a first-
786	come, first-served basis, based on the date the completed
787	applications are received by the office. A taxpayer may not
788	submit more than one completed application per state fiscal
789	year. The office may not accept an incomplete placeholder
790	application, and the submission of such an application will not
791	secure a place in the first-come, first-served application line.
792	2.  The office has 60 days after the receipt of a completed
793	application within which to issue a notice of intent to deny or
794	approve an application for credits. The office must ensure that
795	the corporate income tax credits approved for all applicants
796	does not exceed the limits provided in this section.
797	(b)  In order to take a tax credit under subparagraph (a)1.
798	or, if applicable, to transfer an approved credit under
799	subparagraph (a)2., a spaceflight business must submit an
800	application for certification to the office along with a
801	nonrefundable $250 fee.
802	1.  The application must include:
803	a.  The name and physical in-state address of the taxpayer.
804	b.  Documentation demonstrating to the satisfaction of the
805	office that:
806	(I)  The taxpayer is a spaceflight business.
807	(II)  The business has engaged in a qualifying spaceflight
808	project before taking or transferring a credit under this
809	section.
810	c.  In addition to any requirement specific to a credit,
811	documentation that the business has:
812	(I)  Created 35 new jobs in this state directly associated
813	with spaceflight projects during its immediately preceding 3
814	taxable years. The business shall be deemed to have created new
815	jobs if the number of full-time jobs located in this state at
816	the time of application for certification is greater than the
817	total number of full-time jobs located in this state at the time
818	of application for approval to earn credits; and
819	(II)  Invested a total of at least $15 million in this
820	state on a spaceflight project during its immediately preceding
821	3 taxable years.
822	d.  The total amount and types of credits sought.
823	e.  An acknowledgment that a transfer of a tax credit is to
824	be accomplished pursuant to subsection (5).
825	f.  A copy of an audit or audits of the preceding 3 taxable
826	years, prepared by a certified public accountant licensed to
827	practice in this state, which identifies that portion of the
828	business's activities in this state related to spaceflight
829	projects in this state.
830	g.  An acknowledgement that the business must file an
831	annual report on the spaceflight project's progress with the
832	office.
833	h.  Any other information necessary to demonstrate that the
834	applicant meets the job creation, investment, and other
835	requirements of this section.
836	2.  Within 60 days after receipt of the application for
837	certification, the office shall evaluate the application and
838	recommend the business for certification or denial. The
839	executive director of the office must approve or deny the
840	application within 30 days after receiving the recommendation.
841	If approved, the office must provide a letter of certification
842	to the applicant consistent with any restrictions imposed. If
843	the office denies any part of the requested credit, the office
844	must inform the applicant of the grounds for the denial. A copy
845	of the certification shall be submitted to the department within
846	10 days after the executive director's approval.
847	(6)  TRANSFERABILITY OF CREDIT.-
848	(a)  A certified spaceflight business allowed to transfer
849	an approved credit, in whole or in part, to a taxpayer by
850	written agreement may do so without transferring any ownership
851	interest in the property generating the credit or any interest
852	in the entity owning such property.
853	(b)  In order to perfect the transfer, the transferor shall
854	provide the department with a written transfer statement that
855	has been approved by the office notifying the department of the
856	transferor's intent to transfer the tax credits to the
857	transferee; the date that the transfer is effective; the
858	transferee's name, address, and federal taxpayer identification
859	number; the tax period; and the amount of tax credits to be
860	transferred. Upon receipt of the approved transfer statement,
861	the department shall provide the transferee and the office with
862	a certificate reflecting the tax credit amounts transferred. A
863	copy of the certificate must be attached to each tax return for
864	which the transferee seeks to apply the credits.
865	(7)  AUDIT AUTHORITY; RECAPTURE OF CREDITS.-
866	(a)  In addition to its existing audit and investigative
867	authority, the department may perform any additional financial
868	and technical audits and investigations, including examining the
869	accounts, books, and financial records of the tax credit
870	applicant, which are necessary for verifying the accuracy of the
871	return and to ensure compliance with this section. If requested
872	by the department, the office and Space Florida must provide
873	technical assistance for any technical audits or examinations
874	performed under this subsection.
875	(b)  Grounds for forfeiture of previously claimed tax
876	credits approved under this section exist if the department
877	determines, as a result of an audit or examination, or from
878	information received from the office, that a certified
879	spaceflight business, or in the case of transferred tax credits,
880	a taxpayer received tax credits for which the certified
881	spaceflight business or taxpayer was not entitled. The
882	spaceflight business or transferee must file an amended return
883	reflecting the disallowed credits and paying any tax due as a
884	result of the amendment.
885	(c)  If an amendment to, recomputation of, or
886	redetermination of a certified spaceflight business's Florida
887	corporate income tax return changes an item entered into the
888	computation of a claimed credit, the taxpayer must notify the
889	department by filing an amended return. The amount of any credit
890	award not supported by the amended return shall be deemed a
891	deficiency that must be remitted with the amended return and is
892	subject to s. 220.23. The spaceflight business is also liable
893	for a penalty equal to the credit claimed or transferred,
894	reduced in proportion to the amount of the net operating loss
895	certified for transfer which is disallowed over the amount of
896	the net operating loss certified for the credit. The certified
897	business and its successors must maintain all records necessary
898	to support the reported net operating loss.
899	(d)  The office may revoke or modify a certification
900	granting eligibility for tax credits if it finds that the
901	certified spaceflight business made a false statement or
902	representation in any application, record, report, plan, or
903	other document filed in an attempt to receive tax credits under
904	this section. The office shall immediately notify the department
905	of any revoked or modified orders affecting previously granted
906	tax credits. The certified spaceflight business must also notify
907	the department of any change in its claimed tax credit.
908	(e)  The certified spaceflight business must file with the
909	department an amended return or other report required by the
910	department by rule and pay any required tax and interest within
911	60 days after the certified business receives notification from
912	the office that previously approved tax credits have been
913	revoked or modified. If the revocation or modification order is
914	contested, the spaceflight business must file the amended return
915	or other report within 60 days after a final order is issued.
916	(f)  The department may assess an additional tax, penalty,
917	or interest pursuant to s. 95.091.
918	(8)  RULES.-
919	(a)  The office, in consultation with Space Florida, shall
920	adopt rules to administer this section, including rules relating
921	to application forms for credit approval and certification, and
922	the application and certification procedures, guidelines, and
923	requirements necessary to administer this section.
924	(b)  The department may adopt rules to administer this
925	section, including rules relating to:
926	1.  The forms required to claim a tax credit under this
927	section, the requirements and basis for establishing an
928	entitlement to a credit, and the examination and audit
929	procedures required to administer this section.
930	2.  The implementation and administration of provisions
931	allowing the transfer of a net operating loss as a tax credit,
932	including rules that prescribe forms, reporting requirements,
933	and specific procedures, guidelines, and requirements necessary
934	to perform the transfer.
935	3.  The minimum portion of the credit which is available
936	for transfer.
937	(9)  ANNUAL REPORT.-Beginning in 2014, the office, in
938	cooperation with Space Florida and the department, shall submit
939	an annual report summarizing activities relating to the Florida
940	Space Business Incentives Act established under this section to
941	the Governor, the President of the Senate, and the Speaker of
942	the House of Representatives by each November 30.
943	(10)  NONAPPLICABILITY.-This section does not apply to
944	returns filed for any tax period before October 1, 2015.
945	Section 16.  Effective January 1, 2012, section 220.195,
946	Florida Statutes, is created to read:
947	220.195  Emergency excise tax credit.-
948	(1)  Beginning with taxable years ending in 2012, a
949	taxpayer who has earned, but not yet taken, a credit for
950	emergency excise tax paid under former s. 221.02 may take such
951	credit against the tax imposed by this chapter.
952	(2)  If a credit granted pursuant to this section is not
953	fully used in taxable years ending in 2012 because of
954	insufficient tax liability on the part of the taxpayer, the
955	unused amount may be carried forward for a period not to exceed
956	5 years. The carryover credit may be used in a subsequent year
957	when the tax imposed by this chapter for such year exceeds the
958	credit for such year, after applying the other credits and
959	unused credit carryovers in the order provided in s. 220.02(8).
960	Section 17.  Effective July 1, 2011, and applicable to
961	taxable years beginning on or after January 1, 2012, section
962	220.196, Florida Statutes, is created to read:
963	220.196  Research and development tax credit.-
964	(1)  DEFINITIONS.-As used in this section, the term:
965	(a)  "Base amount" means the average of the business
966	enterprise's qualified research expenses in this state allowed
967	under 26 U.S.C. s. 41 for the 4 taxable years preceding the
968	taxable year for which the credit is determined. The qualified
969	research expenses taken into account in computing the base
970	amount shall be determined on a basis consistent with the
971	determination of qualified research expenses for the taxable
972	year.
973	(b)  "Business enterprise" means any corporation as defined
974	in s. 220.03 which meets the definition of a target industry
975	business as defined in s. 288.106.
976	(c)  "Qualified research expenses" mean research expenses
977	qualifying for the credit under 26 U.S.C. s. 41 for in-house
978	research expenses incurred in this state or contract research
979	expenses incurred in this state. The term does not include
980	research conducted outside this state or research expenses that
981	do not qualify for a credit under 26 U.S.C. s. 41.
982	(2)  TAX CREDIT.-Subject to the limitations contained in
983	paragraph (e), a business enterprise is eligible for a credit
984	against the tax imposed by this chapter if the business
985	enterprise has qualified research expenses in this state in the
986	taxable year exceeding the base amount and, for the same taxable
987	year, claims and is allowed a research credit for such qualified
988	research expenses under 26 U.S.C. s. 41.
989	(a)  The tax credit shall be 10 percent of the excess
990	qualified research expenses over the base amount. However, the
991	maximum tax credit for a business enterprise that has not been
992	in existence for at least 4 taxable years immediately preceding
993	the taxable year is reduced by 25 percent for each taxable year
994	for which the business enterprise, or a predecessor corporation
995	that was a business enterprise, did not exist.
996	(b)  The credit taken in any taxable year may not exceed 50
997	percent of the business enterprise's remaining net income tax
998	liability under this chapter after all other credits have been
999	applied under s. 220.02(8).
1000	(c)  Any unused credit authorized under this section may be
1001	carried forward and claimed by the taxpayer for up to 5 years.
1002	(d)  The combined total amount of tax credits which may be
1003	granted to all business enterprises under this section during
1004	any calendar year is $9 million. Applications may be filed with
1005	the department on or after March 20 for qualified research
1006	expenses incurred within the preceding calendar year, and
1007	credits shall be granted in the order in which completed
1008	applications are received.
1009	(3)  RECALCULATION OF CREDIT AMOUNT.-If the amount of
1010	qualified research expenses is reduced as a result of a federal
1011	audit or examination, the credit granted pursuant to this
1012	section must be recalculated. The taxpayer must file amended
1013	returns for all affected years pursuant to s. 220.23(2), and the
1014	taxpayer must pay to the department the difference between the
1015	initial credit amount taken and the recalculated credit amount
1016	with interest.
1017	(4)  RULES.-The department may adopt rules to administer
1018	this section, including, but not limited to, rules prescribing
1019	forms and application procedures and dates, and may establish
1020	guidelines for making an affirmative showing of qualification
1021	for a credit and any evidence needed to substantiate a claim for
1022	credit under this section.
1023	Section 18.  Effective January 1, 2012, subsection (4) of
1024	section 220.801, Florida Statutes, is amended to read:
1025	220.801  Penalties; failure to timely file returns.-
1026	(4)  The provisions of this section shall specifically
1027	apply to the notice of federal change required under s. 220.23,
1028	and to any tax returns required under chapter 221, relating to
1029	the emergency excise tax.
1030	Section 19.  Effective January 1, 2012, section 213.05,
1031	Florida Statutes, is amended to read:
1032	213.05  Department of Revenue; control and administration
1033	of revenue laws.-The Department of Revenue shall have only those
1034	responsibilities for ad valorem taxation specified to the
1035	department in chapter 192, taxation, general provisions; chapter
1036	193, assessments; chapter 194, administrative and judicial
1037	review of property taxes; chapter 195, property assessment
1038	administration and finance; chapter 196, exemption; chapter 197,
1039	tax collections, sales, and liens; chapter 199, intangible
1040	personal property taxes; and chapter 200, determination of
1041	millage. The Department of Revenue shall have the responsibility
1042	of regulating, controlling, and administering all revenue laws
1043	and performing all duties as provided in s. 125.0104, the Local
1044	Option Tourist Development Act; s. 125.0108, tourist impact tax;
1045	chapter 198, estate taxes; chapter 201, excise tax on documents;
1046	chapter 202, communications services tax; chapter 203, gross
1047	receipts taxes; chapter 206, motor and other fuel taxes; chapter
1048	211, tax on production of oil and gas and severance of solid
1049	minerals; chapter 212, tax on sales, use, and other
1050	transactions; chapter 220, income tax code; chapter 221,
1051	emergency excise tax; ss. 336.021 and 336.025, taxes on motor
1052	fuel and special fuel; s. 376.11, pollutant spill prevention and
1053	control; s. 403.718, waste tire fees; s. 403.7185, lead-acid
1054	battery fees; s. 538.09, registration of secondhand dealers; s.
1055	538.25, registration of secondary metals recyclers; s. 624.4621,
1056	group self-insurer's fund premium tax; s. 624.5091, retaliatory
1057	tax; s. 624.475, commercial self-insurance fund premium tax; ss.
1058	624.509-624.511, insurance code: administration and general
1059	provisions; s. 624.515, State Fire Marshal regulatory
1060	assessment; s. 627.357, medical malpractice self-insurance
1061	premium tax; s. 629.5011, reciprocal insurers premium tax; and
1062	s. 681.117, motor vehicle warranty enforcement.
1063	Section 20.  Paragraph (dd) is added to subsection (8) of
1064	section 213.053, Florida Statutes, as amended by chapter 2010-
1065	280, Laws of Florida, and effective January 1, 2012, subsection
1066	(1) and paragraph (k) of subsection (8) of that section are
1067	amended, to read:
1068	213.053  Confidentiality and information sharing.-
1069	(1)  This section applies to:
1070	(a)  Section 125.0104, county government;
1071	(b)  Section 125.0108, tourist impact tax;
1072	(c)  Chapter 175, municipal firefighters' pension trust
1073	funds;
1074	(d)  Chapter 185, municipal police officers' retirement
1075	trust funds;
1076	(e)  Chapter 198, estate taxes;
1077	(f)  Chapter 199, intangible personal property taxes;
1078	(g)  Chapter 201, excise tax on documents;
1079	(h)  Chapter 202, the Communications Services Tax
1080	Simplification Law;
1081	(i)  Chapter 203, gross receipts taxes;
1082	(j)  Chapter 211, tax on severance and production of
1083	minerals;
1084	(k)  Chapter 212, tax on sales, use, and other
1085	transactions;
1086	(l)  Chapter 220, income tax code;
1087	(m)  Chapter 221, emergency excise tax;
1088	(m)(n)  Section 252.372, emergency management,
1089	preparedness, and assistance surcharge;
1090	(n)(o)  Section 379.362(3), Apalachicola Bay oyster
1091	surcharge;
1092	(o)(p)  Chapter 376, pollutant spill prevention and
1093	control;
1094	(p)(q)  Section 403.718, waste tire fees;
1095	(q)(r)  Section 403.7185, lead-acid battery fees;
1096	(r)(s)  Section 538.09, registration of secondhand dealers;
1097	(s)(t)  Section 538.25, registration of secondary metals
1098	recyclers;
1099	(t)(u)  Sections 624.501 and 624.509-624.515, insurance
1100	code;
1101	(u)(v)  Section 681.117, motor vehicle warranty
1102	enforcement; and
1103	(v)(w)  Section 896.102, reports of financial transactions
1104	in trade or business.
1105	(8)  Notwithstanding any other provision of this section,
1106	the department may provide:
1107	(k)1.  Payment information relative to chapters 199, 201,
1108	202, 212, 220, 221, and 624 and former chapter 221 to the Office
1109	of Tourism, Trade, and Economic Development, or its employees or
1110	agents that are identified in writing by the office to the
1111	department, in the administration of the tax refund program for
1112	qualified defense contractors and space flight business
1113	contractors authorized by s. 288.1045 and the tax refund program
1114	for qualified target industry businesses authorized by s.
1115	288.106.
1116	2.  Information relative to tax credits taken by a business
1117	under s. 220.191 and exemptions or tax refunds received by a
1118	business under s. 212.08(5)(j) to the Office of Tourism, Trade,
1119	and Economic Development, or its employees or agents that are
1120	identified in writing by the office to the department, in the
1121	administration and evaluation of the capital investment tax
1122	credit program authorized in s. 220.191 and the semiconductor,
1123	defense, and space tax exemption program authorized in s.
1124	212.08(5)(j).
1125	3.  Information relative to tax credits taken by a taxpayer
1126	pursuant to the tax credit programs created in ss. 193.017;
1127	212.08(5)(g),(h),(n),(o) and (p); 212.08(15); 212.096; 212.097;
1128	212.098; 220.181; 220.182; 220.183; 220.184; 220.1845; 220.185;
1129	220.1895; 220.19; 220.191; 220.192; 220.193; 288.0656; 288.99;
1130	290.007; 376.30781; 420.5093; 420.5099; 550.0951; 550.26352;
1131	550.2704; 601.155; 624.509; 624.510; 624.5105; and 624.5107 to
1132	the Office of Tourism, Trade, and Economic Development, or its
1133	employees or agents that are identified in writing by the office
1134	to the department, for use in the administration or evaluation
1135	of such programs.
1136	4.  Information relative to single sales factor
1137	apportionment used by a taxpayer to the Office of Tourism,
1138	Trade, and Economic Development or its employees or agents who
1139	are identified in writing by the office to the department for
1140	use by the office to administer s. 220.153.
1141	(dd)  Information relating to tax credits taken under s.
1142	220.194 to the Office of Tourism, Trade, and Economic
1143	Development or to Space Florida.
1144
1145	Disclosure of information under this subsection shall be
1146	pursuant to a written agreement between the executive director
1147	and the agency. Such agencies, governmental or nongovernmental,
1148	shall be bound by the same requirements of confidentiality as
1149	the Department of Revenue. Breach of confidentiality is a
1150	misdemeanor of the first degree, punishable as provided by s.
1151	775.082 or s. 775.083.
1152	Section 21.  Effective January 1, 2012, subsection (12) of
1153	section 213.255, Florida Statutes, is amended to read:
1154	213.255  Interest.-Interest shall be paid on overpayments
1155	of taxes, payment of taxes not due, or taxes paid in error,
1156	subject to the following conditions:
1157	(12)  The rate of interest shall be the adjusted rate
1158	established pursuant to s. 213.235, except that the annual rate
1159	of interest shall never be greater than 11 percent. This annual
1160	rate of interest shall be applied to all refunds of taxes
1161	administered by the department except for corporate income taxes
1162	and emergency excise taxes governed by ss. 220.721 and 220.723.
1163	Section 22.  Effective January 1, 2012, chapter 221,
1164	Florida Statutes, consisting of sections 221.01, 221.02, 221.04,
1165	and 221.05, is repealed.
1166	Section 23.  Effective January 1, 2012, paragraph (a) of
1167	subsection (6) of section 288.075, Florida Statutes, is amended
1168	to read:
1169	288.075  Confidentiality of records.-
1170	(6)  ECONOMIC INCENTIVE PROGRAMS.-
1171	(a)  The following information held by an economic
1172	development agency pursuant to the administration of an economic
1173	incentive program for qualified businesses is confidential and
1174	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
1175	Constitution for a period not to exceed the duration of the
1176	incentive agreement, including an agreement authorizing a tax
1177	refund or tax credit, or upon termination of the incentive
1178	agreement:
1179	1.  The percentage of the business's sales occurring
1180	outside this state and, for businesses applying under s.
1181	288.1045, the percentage of the business's gross receipts
1182	derived from Department of Defense contracts during the 5 years
1183	immediately preceding the date the business's application is
1184	submitted.
1185	2.  The anticipated wages for the project jobs that the
1186	business plans to create, as reported on the application for
1187	certification.
1188	3.  The average wage actually paid by the business for
1189	those jobs created by the project or an employee's personal
1190	identifying information which is held as evidence of the
1191	achievement or nonachievement of the wage requirements of the
1192	tax refund, tax credit, or incentive agreement programs or of
1193	the job creation requirements of such programs.
1194	4.  The amount of:
1195	a.  Taxes on sales, use, and other transactions paid
1196	pursuant to chapter 212;
1197	b.  Corporate income taxes paid pursuant to chapter 220;
1198	c.  Intangible personal property taxes paid pursuant to
1199	chapter 199;
1200	d.  Emergency excise taxes paid pursuant to chapter 221;
1201	d.e.  Insurance premium taxes paid pursuant to chapter 624;
1202	e.f.  Excise taxes paid on documents pursuant to chapter
1203	201;
1204	f.g.  Ad valorem taxes paid, as defined in s. 220.03(1); or
1205	g.h.  State communications services taxes paid pursuant to
1206	chapter 202.
1207	Section 24.  Paragraph (c) of subsection (2) of section
1208	288.1045, Florida Statutes, and effective January 1, 2012,
1209	paragraph (f) of that subsection, are amended to read:
1210	288.1045  Qualified defense contractor and space flight
1211	business tax refund program.-
1212	(2)  GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.-
1213	(c)  A qualified applicant may not receive more than $7 $5
1214	million in tax refunds pursuant to this section in all fiscal
1215	years.
1216	(f)  After entering into a tax refund agreement pursuant to
1217	subsection (4), a qualified applicant may:
1218	1.  Receive refunds from the account for corporate income
1219	taxes due and paid pursuant to chapter 220 by that business
1220	beginning with the first taxable year of the business which
1221	begins after entering into the agreement.
1222	2.  Receive refunds from the account for the following
1223	taxes due and paid by that business after entering into the
1224	agreement:
1225	a.  Taxes on sales, use, and other transactions paid
1226	pursuant to chapter 212.
1227	b.  Intangible personal property taxes paid pursuant to
1228	chapter 199.
1229	c.  Emergency excise taxes paid pursuant to chapter 221.
1230	c.d.  Excise taxes paid on documents pursuant to chapter
1231	201.
1232	d.e.  Ad valorem taxes paid, as defined in s. 220.03(1)(a)
1233	on June 1, 1996.
1234	e.f.  State communications services taxes administered
1235	under chapter 202. This provision does not apply to the gross
1236	receipts tax imposed under chapter 203 and administered under
1237	chapter 202 or the local communications services tax authorized
1238	under s. 202.19.
1239
1240	However, a qualified applicant may not receive a tax refund
1241	pursuant to this section for any amount of credit, refund, or
1242	exemption granted such contractor for any of such taxes. If a
1243	refund for such taxes is provided by the office, which taxes are
1244	subsequently adjusted by the application of any credit, refund,
1245	or exemption granted to the qualified applicant other than that
1246	provided in this section, the qualified applicant shall
1247	reimburse the Economic Development Trust Fund for the amount of
1248	such credit, refund, or exemption. A qualified applicant must
1249	notify and tender payment to the office within 20 days after
1250	receiving a credit, refund, or exemption, other than that
1251	provided in this section. The addition of communications
1252	services taxes administered under chapter 202 is remedial in
1253	nature and retroactive to October 1, 2001. The office may make
1254	supplemental tax refund payments to allow for tax refunds for
1255	communications services taxes paid by an eligible qualified
1256	defense contractor after October 1, 2001.
1257	Section 25.  Paragraph (c) of subsection (3) of section
1258	288.106, Florida Statutes, and effective January 1, 2012,
1259	paragraph (d) of that subsection, are amended to read:
1260	288.106  Tax refund program for qualified target industry
1261	businesses.-
1262	(3)  TAX REFUND; ELIGIBLE AMOUNTS.-
1263	(c)  A qualified target industry business may not receive
1264	refund payments of more than 25 percent of the total tax refunds
1265	specified in the tax refund agreement under subparagraph
1266	(5)(a)1. in any fiscal year. Further, a qualified target
1267	industry business may not receive more than $1.5 million in
1268	refunds under this section in any single fiscal year, or more
1269	than $2.5 million in any single fiscal year if the project is
1270	located in an enterprise zone. A qualified target industry
1271	business may not receive more than $7 $5 million in refund
1272	payments under this section in all fiscal years, or more than
1273	$7.5 million if the project is located in an enterprise zone.
1274	(d)  After entering into a tax refund agreement under
1275	subsection (5), a qualified target industry business may:
1276	1.  Receive refunds from the account for the following
1277	taxes due and paid by that business beginning with the first
1278	taxable year of the business that begins after entering into the
1279	agreement:
1280	a.  Corporate income taxes under chapter 220.
1281	b.  Insurance premium tax under s. 624.509.
1282	2.  Receive refunds from the account for the following
1283	taxes due and paid by that business after entering into the
1284	agreement:
1285	a.  Taxes on sales, use, and other transactions under
1286	chapter 212.
1287	b.  Intangible personal property taxes under chapter 199.
1288	c.  Emergency excise taxes under chapter 221.
1289	c.d.  Excise taxes on documents under chapter 201.
1290	d.e.  Ad valorem taxes paid, as defined in s. 220.03(1).
1291	e.f.  State communications services taxes administered
1292	under chapter 202. This provision does not apply to the gross
1293	receipts tax imposed under chapter 203 and administered under
1294	chapter 202 or the local communications services tax authorized
1295	under s. 202.19.
1296	Section 26.  Paragraphs (b), (h), and (i) of subsection
1297	(1), paragraphs (c) and (e) of subsection (3), paragraph (b) of
1298	subsection (4), paragraph (c) of subsection (5), paragraph (a)
1299	of subsection (7), and subsection (10) of section 288.1254,
1300	Florida Statutes, are amended, and paragraphs (k), (l), (m),
1301	(n), and (o) are added to subsection (1) of that section, to
1302	read:
1303	288.1254  Entertainment industry financial incentive
1304	program.-
1305	(1)  DEFINITIONS.-As used in this section, the term:
1306	(b)  "Digital media project" means a production of
1307	interactive entertainment that is produced for distribution in
1308	commercial or educational markets. The term includes a video
1309	game or production intended for Internet or wireless
1310	distribution. The term does not include a production that
1311	contains deemed by the Office of Film and Entertainment to
1312	contain obscene content as defined in s. 847.001(10).
1313	(f)  "Production" means a theatrical or direct-to-video
1314	motion picture; a made-for-television motion picture; visual
1315	effects or digital animation sequences produced in conjunction
1316	with a motion picture; a commercial; a music video; an
1317	industrial or educational film; an infomercial; a documentary
1318	film; a television pilot program; a presentation for a
1319	television pilot program; a television series, including, but
1320	not limited to, a drama, a reality show, a comedy, a soap opera,
1321	a telenovela, a game show, an awards show, or a miniseries
1322	production; or a digital media project by the entertainment
1323	industry. One season of a television series is considered one
1324	production. The term does not include a weather or market
1325	program; a sporting event; a sports show; a gala; a production
1326	that solicits funds; a home shopping program; a political
1327	program; a political documentary; political advertising; a
1328	gambling-related project or production; a concert production; or
1329	a local, regional, or Internet-distributed-only news show,
1330	current-events show, pornographic production, or current-affairs
1331	show. A production may be produced on or by film, tape, or
1332	otherwise by means of a motion picture camera; electronic camera
1333	or device; tape device; computer; any combination of the
1334	foregoing; or any other means, method, or device.
1335	(h)  "Qualified expenditures" means production expenditures
1336	incurred in this state by a qualified production for:
1337	1.  Goods purchased or leased from, or services, including,
1338	but not limited to, insurance costs and bonding, payroll
1339	services, and legal fees, which are provided by, a vendor or
1340	supplier in this state that is registered with the Department of
1341	State or the Department of Revenue, has a physical location in
1342	this state, and employs one or more legal residents of this
1343	state. This does not include re-billed goods or services
1344	provided by an in-state company from out-of-state vendors or
1345	suppliers. When services are provided by the vendor or supplier
1346	include personal services or labor, only personal services or
1347	labor provided by residents of this state, evidenced by the
1348	required documentation of residency in this state, qualify.
1349	2.  Payments to legal residents of this state in the form
1350	of salary, wages, or other compensation up to a maximum of
1351	$400,000 per resident unless otherwise specified in subsection
1352	(4). A completed declaration of residency in this state must
1353	accompany the documentation submitted to the office for
1354	reimbursement.
1355
1356	For a qualified production involving an event, such as an awards
1357	show, the term does not include expenditures solely associated
1358	with the event itself and not directly required by the
1359	production. The term does not include expenditures incurred
1360	before certification, with the exception of those incurred for a
1361	commercial, a music video, or the pickup of additional episodes
1362	of a high-impact television series within a single season. Under
1363	no circumstances may the qualified production include in the
1364	calculation for qualified expenditures the original purchase
1365	price for equipment or other tangible property that is later
1366	sold or transferred by the qualified production for
1367	consideration. In such cases, the qualified expenditure is the
1368	net of the original purchase price minus the consideration
1369	received upon sale or transfer.
1370	(i)  "Qualified production" means a production in this
1371	state meeting the requirements of this section. The term does
1372	not include a production:
1373	1.  In which, for the first 2 years of the incentive
1374	program, less than 50 percent, and thereafter, less than 60
1375	percent, of the positions that make up its production cast and
1376	below-the-line production crew, or, in the case of digital media
1377	projects, less than 75 percent of such positions, are filled by
1378	legal residents of this state, whose residency is demonstrated
1379	by a valid Florida driver's license or other state-issued
1380	identification confirming residency, or students enrolled full-
1381	time in a film-and-entertainment-related course of study at an
1382	institution of higher education in this state; or
1383	2.  That contains is deemed by the Office of Film and
1384	Entertainment to contain obscene content as defined in s.
1385	847.001(10).
1386	(k)  "Qualified digital media production facility" means a
1387	building or series of buildings and their improvements in which
1388	data processing, visualization, and sound synchronization
1389	technologies are regularly applied for the production of
1390	qualified digital media projects or the digital animation
1391	components of qualified productions.
1392	(l)  "Qualified production facility" means a building or
1393	complex of buildings and their improvements and associated
1394	backlot facilities in which regular filming activity for film or
1395	television has occurred for a period of no less than one year
1396	and which contain at least one sound stage of at least 7,800
1397	square feet.
1398	(m)  "Regional population ratio" means the ratio of the
1399	population of a region to the population of this state. The
1400	regional population ratio applicable to a given fiscal year is
1401	the regional population ratio calculated by the Office of Film
1402	and Entertainment using the latest official estimates of
1403	population certified under s. 186.901, available on the first
1404	day of that fiscal year.
1405	(n)  "Regional tax credit ratio" means a ratio the
1406	numerator of which is the sum of tax credits awarded to
1407	productions in a region to date plus the tax credits certified,
1408	but not yet awarded, to productions currently in that region and
1409	the denominator of which is the sum of all tax credits awarded
1410	in the state to date plus all tax credits certified, but not yet
1411	awarded, to productions currently in the state. The regional tax
1412	credit ratio applicable to a given year is the regional tax
1413	credit ratio calculated by the Office of Film and Entertainment
1414	using credit award and certification information available on
1415	the first day of that fiscal year.
1416	(o)  "Underutilized region" for a given state fiscal year
1417	means a region with a regional tax credit ratio applicable to
1418	that fiscal year that is lower than its regional population
1419	ratio applicable to that fiscal year. The following regions are
1420	established for purposes of making this determination:
1421	1.  North Region, consisting of Alachua, Baker, Bay,
1422	Bradford, Calhoun, Clay, Columbia, Dixie, Duval, Escambia,
1423	Franklin, Gadsden, Gilchrist, Gulf, Hamilton, Holmes, Jackson,
1424	Jefferson, Lafayette, Leon, Levy, Liberty, Madison, Nassau,
1425	Okaloosa, Putnam, Santa Rosa, St. Johns, Suwannee, Taylor,
1426	Union, Wakulla, Walton, and Washington counties.
1427	2.  Central East Region, consisting of Brevard, Flagler,
1428	Indian River, Lake, Okeechobee, Orange, Osceola, Seminole, St.
1429	Lucie, and Volusia counties.
1430	3.  Central West Region, consisting of Citrus, Hernando,
1431	Hillsborough, Manatee, Marion, Polk, Pasco, Pinellas, Sarasota,
1432	and Sumter counties.
1433	4.  Southwest Region, consisting of Charlotte, Collier,
1434	DeSoto, Glades, Hardee, Hendry, Highlands, and Lee counties.
1435	5.  Southeast Region, consisting of Broward, Martin, Miami-
1436	Dade, Monroe, and Palm Beach counties.
1437	(3)  APPLICATION PROCEDURE; APPROVAL PROCESS.-
1438	(c)  Application process.-The Office of Film and
1439	Entertainment shall establish a process by which an application
1440	is accepted and reviewed and by which tax credit eligibility and
1441	award amount are determined. The Office of Film and
1442	Entertainment may request assistance from a duly appointed local
1443	film commission in determining compliance with this section. A
1444	certified high-impact television series may submit an initial
1445	application for no more than two successive seasons,
1446	notwithstanding the fact that the successive seasons have not
1447	been ordered. The successive season's qualified expenditure
1448	amounts shall be based on the current season's estimated
1449	qualified expenditures. Upon the completion of production of
1450	each season, a high-impact television series may submit an
1451	application for no more than one additional season.
1452	(e)  Grounds for denial.-The Office of Film and
1453	Entertainment shall deny an application if it determines that
1454	the application is not complete or the production or application
1455	does not meet the requirements of this section. Within 90 days
1456	after submitting a program application, except with respect to
1457	applications in the independent and emerging media queue, a
1458	production must provide proof of project financing to the Office
1459	of Film and Entertainment, otherwise the project is deemed
1460	denied and withdrawn. A project that has been withdrawn may
1461	submit a new application upon providing the Office of Film and
1462	Entertainment proof of financing.
1463	(4)  TAX CREDIT ELIGIBILITY; TAX CREDIT AWARDS; QUEUES;
1464	ELECTION AND DISTRIBUTION; CARRYFORWARD; CONSOLIDATED RETURNS;
1465	PARTNERSHIP AND NONCORPORATE DISTRIBUTIONS; MERGERS AND
1466	ACQUISITIONS.-
1467	(b)  Tax credit eligibility.-
1468	1.  General production queue.-Ninety-four percent of tax
1469	credits authorized pursuant to subsection (6) in any state
1470	fiscal year must be dedicated to the general production queue.
1471	The general production queue consists of all qualified
1472	productions other than those eligible for the commercial and
1473	music video queue or the independent and emerging media
1474	production queue. A qualified production that demonstrates a
1475	minimum of $625,000 in qualified expenditures is eligible for
1476	tax credits equal to 20 percent of its actual qualified
1477	expenditures, up to a maximum of $8 million. A qualified
1478	production that incurs qualified expenditures during multiple
1479	state fiscal years may combine those expenditures to satisfy the
1480	$625,000 minimum threshold.
1481	a.  An off-season certified production that is a feature
1482	film, independent film, or television series or pilot is
1483	eligible for an additional 5-percent tax credit on actual
1484	qualified expenditures. An off-season certified production that
1485	does not complete 75 percent of principal photography due to a
1486	disruption caused by a hurricane or tropical storm may not be
1487	disqualified from eligibility for the additional 5-percent
1488	credit as a result of the disruption.
1489	b.  If more than 25 percent of the sum of total tax credits
1490	awarded to productions after July 1, 2010, and total tax credits
1491	certified, but not yet awarded, to productions currently in this
1492	state has been awarded for television series, then no television
1493	series or pilot shall be eligible for tax credits under this
1494	subparagraph.
1495	c.  The calculations required by this sub-subparagraph
1496	shall use only credits available to be certified and awarded on
1497	or after July 1, 2011.
1498	(I)  If the provisions of sub-subparagraph b. are not
1499	applicable and less than 25 percent of the sum of the total tax
1500	credits awarded to productions and the total tax credits
1501	certified, but not yet awarded, to productions currently in this
1502	state has been to high-impact television series, any A qualified
1503	high-impact television series shall be allowed first position in
1504	this queue for tax credit awards not yet certified.
1505	(II)  If less than 20 percent of the sum of the total tax
1506	credits awarded to productions and the total tax credits
1507	certified, but not yet awarded, to productions currently in this
1508	state has been to digital media projects, any digital media
1509	project with qualified expenditures of greater than $4,500,000
1510	shall be allowed first position in this queue for tax credit
1511	awards not yet certified.
1512	(III)  For the purposes of determining position between a
1513	high-impact television series allowed first position and a
1514	digital media project allowed first position under this sub-
1515	subparagraph, tax credits shall be awarded on a first-come,
1516	first-served basis.
1517	d.  A qualified production that incurs at least 85 percent
1518	of its qualified expenditures within a region designated as an
1519	underutilized region at the time that the production is
1520	certified is eligible for an additional 5 percent tax credit.
1521	e.  Any qualified production that employs students enrolled
1522	full-time in a film and entertainment-related or digital media-
1523	related course of study at an institution of higher education in
1524	this state is eligible for an additional 15 percent tax credit
1525	on qualified expenditures that are wages, salaries, or other
1526	compensation paid to such students. The additional 15 percent
1527	tax credit shall also be applicable to persons hired within 12
1528	months of graduating from a film and entertainment-related or
1529	digital media-related course of study at an institution of
1530	higher education in this state. The additional 15 percent tax
1531	credit shall apply to qualified expenditures that are wages,
1532	salaries, or other compensation paid to such recent graduates
1533	for one year from the date of hiring.
1534	f.  A qualified production for which 50 percent or more of
1535	its principal photography occurs at a qualified production
1536	facility, or a qualified digital media project or the digital
1537	animation component of a qualified production for which 50
1538	percent or more of the project's or component's qualified
1539	expenditures are related to a qualified digital media production
1540	facility shall be eligible for an additional 5 percent tax
1541	credit on actual qualified expenditures for production activity
1542	at that facility.
1543	g.  No qualified production shall be eligible for tax
1544	credits provided under this paragraph totaling more than 30
1545	percent of its actual qualified expenses.
1546	2.  Commercial and music video queue.-Three percent of tax
1547	credits authorized pursuant to subsection (6) in any state
1548	fiscal year must be dedicated to the commercial and music video
1549	queue. A qualified production company that produces national or
1550	regional commercials or music videos may be eligible for a tax
1551	credit award if it demonstrates a minimum of $100,000 in
1552	qualified expenditures per national or regional commercial or
1553	music video and exceeds a combined threshold of $500,000 after
1554	combining actual qualified expenditures from qualified
1555	commercials and music videos during a single state fiscal year.
1556	After a qualified production company that produces commercials,
1557	music videos, or both reaches the threshold of $500,000, it is
1558	eligible to apply for certification for a tax credit award. The
1559	maximum credit award shall be equal to 20 percent of its actual
1560	qualified expenditures up to a maximum of $500,000. If there is
1561	a surplus at the end of a fiscal year after the Office of Film
1562	and Entertainment certifies and determines the tax credits for
1563	all qualified commercial and video projects, such surplus tax
1564	credits shall be carried forward to the following fiscal year
1565	and be available to any eligible qualified productions under the
1566	general production queue.
1567	3.  Independent and emerging media production queue.-Three
1568	percent of tax credits authorized pursuant to subsection (6) in
1569	any state fiscal year must be dedicated to the independent and
1570	emerging media production queue. This queue is intended to
1571	encourage Florida independent film and emerging media
1572	production. Any qualified production, excluding commercials,
1573	infomercials, or music videos, that demonstrates at least
1574	$100,000, but not more than $625,000, in total qualified
1575	expenditures is eligible for tax credits equal to 20 percent of
1576	its actual qualified expenditures. If a surplus exists at the
1577	end of a fiscal year after the Office of Film and Entertainment
1578	certifies and determines the tax credits for all qualified
1579	independent and emerging media production projects, such surplus
1580	tax credits shall be carried forward to the following fiscal
1581	year and be available to any eligible qualified productions
1582	under the general production queue.
1583	4.  Family-friendly productions.-A certified theatrical or
1584	direct-to-video motion picture production or video game
1585	determined by the Commissioner of Film and Entertainment, with
1586	the advice of the Florida Film and Entertainment Advisory
1587	Council, to be family-friendly, based on the review of the
1588	script and the review of the final release version, is eligible
1589	for an additional tax credit equal to 5 percent of its actual
1590	qualified expenditures. Family-friendly productions are those
1591	that have cross-generational appeal; would be considered
1592	suitable for viewing by children age 5 or older; are appropriate
1593	in theme, content, and language for a broad family audience;
1594	embody a responsible resolution of issues; and do not exhibit or
1595	imply any act of smoking, sex, nudity, or vulgar or profane
1596	language.
1597	(5)  TRANSFER OF TAX CREDITS.-
1598	(c)  Transferee rights and limitations.-The transferee is
1599	subject to the same rights and limitations as the certified
1600	production company awarded the tax credit, except that the
1601	initial transferee shall be permitted a one-time transfer of
1602	unused credits to no more than two subsequent transferees, and
1603	such transfers must occur in the same taxable year as the
1604	credits were received by the initial transferee, after which the
1605	subsequent transferees may not sell or otherwise transfer the
1606	tax credit.
1607	(7)  ANNUAL ALLOCATION OF TAX CREDITS.-
1608	(a)  The aggregate amount of the tax credits that may be
1609	certified pursuant to paragraph (3)(d) may not exceed:
1610	1.  For fiscal year 2010-2011, $53.5 million.
1611	2.  For fiscal year 2011-2012, $74.5 million.
1612	3.  For fiscal years 2012-2013, 2013-2014, and 2014-2015,
1613	$42 $38 million per fiscal year.
1614	(10)  ANNUAL REPORT.-Each October 1, the Office of Film and
1615	Entertainment shall provide an annual report for the previous
1616	fiscal year to the Governor, the President of the Senate, and
1617	the Speaker of the House of Representatives which outlines the
1618	return on investment and economic benefits to the state. The
1619	report shall also include an estimate of the full-time
1620	equivalent positions created by each production that received
1621	tax credits under s. 288.1254 and information relating to the
1622	distribution of productions receiving credits by geographic
1623	region and type of production.
1624	Section 27.  Subsection (5) of section 288.1258, Florida
1625	Statutes, is amended to read:
1626	288.1258  Entertainment industry qualified production
1627	companies; application procedure; categories; duties of the
1628	Department of Revenue; records and reports.-
1629	(5)  RELATIONSHIP OF TAX EXEMPTIONS AND INCENTIVES TO
1630	INDUSTRY GROWTH; REPORT TO THE LEGISLATURE.-The Office of Film
1631	and Entertainment shall keep annual records from the information
1632	provided on taxpayer applications for tax exemption certificates
1633	beginning January 1, 2001. These records shall reflect a ratio
1634	of the annual amount of sales and use tax exemptions under this
1635	section and incentives awarded pursuant to s. 288.1254 to the
1636	estimated amount of funds expended by certified productions,
1637	including productions that received incentives pursuant to s.
1638	288.1254. These records also shall reflect a separate ratio of
1639	the annual amount of sales and use tax exemptions under this
1640	section, plus the incentives awarded pursuant to s. 288.1254 to
1641	the estimated amount of funds expended by certified productions.
1642	In addition, the office shall maintain data showing annual
1643	growth in Florida-based entertainment industry companies and
1644	entertainment industry employment and wages. The employment
1645	information shall include an estimate of the full-time
1646	equivalent positions created by each production that received
1647	tax credits pursuant to s. 288.1254. The Office of Film and
1648	Entertainment shall report this information to the Legislature
1649	no later than December 1 of each year.
1650	Section 28.  Effective January 1, 2012, paragraph (d) is
1651	added to subsection (6) of section 290.0055, Florida Statutes,
1652	to read:
1653	290.0055  Local nominating procedure.-
1654	(6)
1655	(d)1.  The governing body of a jurisdiction which has
1656	nominated an application for an enterprise zone that is no
1657	larger than 12 square miles and includes a portion of the state
1658	designated as a rural area of critical economic concern under s.
1659	288.0656(7) may apply to the Office of Tourism, Trade, and
1660	Economic Development to expand the boundary of the enterprise
1661	zone by not more than 3 square miles. An application to expand
1662	the boundary of an enterprise zone under this paragraph must be
1663	submitted by December 31, 2012.
1664	2.  Notwithstanding the area limitations specified in
1665	subsection (4), the Office of Tourism, Trade, and Economic
1666	Development may approve the request for a boundary amendment if
1667	the area continues to satisfy the remaining requirements of this
1668	section.
1669	3.  The Office of Tourism, Trade, and Economic Development
1670	shall establish the initial effective date of an enterprise zone
1671	designated under this paragraph.
1672	Section 29.  Effective January 1, 2012, section 290.00726,
1673	Florida Statutes, is created to read:
1674	290.00726  Enterprise zone designation for Martin County.-
1675	Martin County may apply to the Office of Tourism, Trade, and
1676	Economic Development for designation of one enterprise zone for
1677	an area within Martin County, which zone shall encompass an area
1678	of up to 10 square miles consisting of land within the primary
1679	urban services boundary and focusing on Indiantown, but
1680	excluding property owned by Florida Power and Light to the west,
1681	two areas to the north designated as estate residential, and the
1682	county-owned Timer Powers Recreational Area. Within the
1683	designated enterprise zone, Martin County shall exempt
1684	residential condominiums from benefiting from state enterprise
1685	zone incentives, unless prohibited by law. The application must
1686	have been submitted by December 31, 2011, and must comply with
1687	the requirements of s. 290.0055. Notwithstanding s. 290.0065
1688	limiting the total number of enterprise zones designated and the
1689	number of enterprise zones within a population category, the
1690	Office of Tourism, Trade, and Economic Development may designate
1691	one enterprise zone under this section. The Office of Tourism,
1692	Trade, and Economic Development shall establish the initial
1693	effective date of the enterprise zone designated under this
1694	section.
1695	Section 30.  Section 290.00727, Florida Statutes, is
1696	created to read:
1697	290.00727  Enterprise zone designation for the City of Palm
1698	Bay.-The City of Palm Bay may apply to the Office of Tourism,
1699	Trade, and Economic Development for designation of one
1700	enterprise zone for an area within the northeast portion of the
1701	city, which zone shall encompass an area of up to 5 square
1702	miles. The application must have been submitted by December 31,
1703	2011, and must comply with the requirements of s. 290.0055.
1704	Notwithstanding s. 290.0065 limiting the total number of
1705	enterprise zones designated and the number of enterprise zones
1706	within a population category, the Office of Tourism, Trade, and
1707	Economic Development may designate one enterprise zone under
1708	this section. The Office of Tourism, Trade, and Economic
1709	Development shall establish the initial effective date of the
1710	enterprise zone designated under this section.
1711	Section 31.  Section 290.00728, Florida Statutes, is
1712	created to read:
1713	290.00728  Enterprise zone designation for Lake County.-
1714	Lake County may apply to the Office of Tourism, Trade, and
1715	Economic Development for designation of one enterprise zone,
1716	which zone shall encompass an area of up to 10 square miles
1717	within Lake County. The application must have been submitted by
1718	December 31, 2011, and must comply with the requirements of s.
1719	290.0055. Notwithstanding s. 290.0065 limiting the total number
1720	of enterprise zones designated and the number of enterprise
1721	zones within a population category, the Office of Tourism,
1722	Trade, and Economic Development may designate one enterprise
1723	zone under this section. The Office of Tourism, Trade, and
1724	Economic Development shall establish the initial effective date
1725	of the enterprise zone designated under this section.
1726	Section 32.  Effective January 1, 2012, subsection (1) of
1727	section 334.30, Florida Statutes, is amended to read:
1728	334.30  Public-private transportation facilities.-The
1729	Legislature finds and declares that there is a public need for
1730	the rapid construction of safe and efficient transportation
1731	facilities for the purpose of traveling within the state, and
1732	that it is in the public's interest to provide for the
1733	construction of additional safe, convenient, and economical
1734	transportation facilities.
1735	(1)  The department may receive or solicit proposals and,
1736	with legislative approval as evidenced by approval of the
1737	project in the department's work program, enter into agreements
1738	with private entities, or consortia thereof, for the building,
1739	operation, ownership, or financing of transportation facilities.
1740	The department may advance projects programmed in the adopted 5-
1741	year work program or projects increasing transportation capacity
1742	and greater than $500 million in the 10-year Strategic
1743	Intermodal Plan using funds provided by public-private
1744	partnerships or private entities to be reimbursed from
1745	department funds for the project as programmed in the adopted
1746	work program. The department shall by rule establish an
1747	application fee for the submission of unsolicited proposals
1748	under this section. The fee must be sufficient to pay the costs
1749	of evaluating the proposals. The department may engage the
1750	services of private consultants to assist in the evaluation.
1751	Before approval, the department must determine that the proposed
1752	project:
1753	(a)  Is in the public's best interest;
1754	(b)  Would not require state funds to be used unless the
1755	project is on the State Highway System;
1756	(c)  Would have adequate safeguards in place to ensure that
1757	no additional costs or service disruptions would be realized by
1758	the traveling public and residents of the state in the event of
1759	default or cancellation of the agreement by the department;
1760	(d)  Would have adequate safeguards in place to ensure that
1761	the department or the private entity has the opportunity to add
1762	capacity to the proposed project and other transportation
1763	facilities serving similar origins and destinations; and
1764	(e)  Would be owned by the department upon completion or
1765	termination of the agreement.
1766
1767	The department shall ensure that all reasonable costs to the
1768	state, related to transportation facilities that are not part of
1769	the State Highway System, are borne by the private entity. The
1770	department shall also ensure that all reasonable costs to the
1771	state and substantially affected local governments and
1772	utilities, related to the private transportation facility, are
1773	borne by the private entity for transportation facilities that
1774	are owned by private entities. For projects on the State Highway
1775	System, the department may use state resources to participate in
1776	funding and financing the project as provided for under the
1777	department's enabling legislation. Because the Legislature
1778	recognizes that private entities or consortia thereof would
1779	perform a governmental or public purpose or function when they
1780	enter into agreements with the department to design, build,
1781	operate, own, or finance transportation facilities, the
1782	transportation facilities, including leasehold interests
1783	thereof, are exempt from ad valorem taxes as provided in chapter
1784	196 to the extent property is owned by the state or other
1785	government entity, and from intangible taxes as provided in
1786	chapter 199 and special assessments of the state, any city,
1787	town, county, special district, political subdivision of the
1788	state, or any other governmental entity. The private entities or
1789	consortia thereof are exempt from tax imposed by chapter 201 on
1790	all documents or obligations to pay money which arise out of the
1791	agreements to design, build, operate, own, lease, or finance
1792	transportation facilities. Any private entities or consortia
1793	thereof must pay any applicable corporate taxes as provided in
1794	chapter chapters 220 and 221, and unemployment compensation
1795	taxes as provided in chapter 443, and sales and use tax as
1796	provided in chapter 212 shall be applicable. The private
1797	entities or consortia thereof must also register and collect the
1798	tax imposed by chapter 212 on all their direct sales and leases
1799	that are subject to tax under chapter 212. The agreement between
1800	the private entity or consortia thereof and the department
1801	establishing a transportation facility under this chapter
1802	constitutes documentation sufficient to claim any exemption
1803	under this section.
1804	Section 33.  Effective January 1, 2012, subsection (4),
1805	paragraph (a) of subsection (6), and subsection (7) of section
1806	624.509, Florida Statutes, are amended to read:
1807	624.509  Premium tax; rate and computation.-
1808	(4)  The income tax imposed under chapter 220 and the
1809	emergency excise tax imposed under chapter 221 which is are paid
1810	by any insurer shall be credited against, and to the extent
1811	thereof shall discharge, the liability for tax imposed by this
1812	section for the annual period in which such tax payments are
1813	made. As to any insurer issuing policies insuring against loss
1814	or damage from the risks of fire, tornado, and certain casualty
1815	lines, the tax imposed by this section, as intended and
1816	contemplated by this subsection, shall be construed to mean the
1817	net amount of such tax remaining after there has been credited
1818	thereon such gross premium receipts tax as may be payable by
1819	such insurer in pursuance of the imposition of such tax by any
1820	incorporated cities or towns in the state for firefighters'
1821	relief and pension funds and police officers' retirement funds
1822	maintained in such cities or towns, as provided in and by
1823	relevant provisions of the Florida Statutes. For purposes of
1824	this subsection, payments of estimated income tax under chapter
1825	220 and of estimated emergency excise tax under chapter 221
1826	shall be deemed paid either at the time the insurer actually
1827	files its annual returns under chapter 220 or at the time such
1828	returns are required to be filed, whichever first occurs, and
1829	not at such earlier time as such payments of estimated tax are
1830	actually made.
1831	(6)(a)  The total of the credit granted for the taxes paid
1832	by the insurer under chapter chapters 220 and 221 and the credit
1833	granted by subsection (5) may shall not exceed 65 percent of the
1834	tax due under subsection (1) after deducting therefrom the taxes
1835	paid by the insurer under ss. 175.101 and 185.08 and any
1836	assessments pursuant to s. 440.51.
1837	(7)  Credits and deductions against the tax imposed by this
1838	section shall be taken in the following order: deductions for
1839	assessments made pursuant to s. 440.51; credits for taxes paid
1840	under ss. 175.101 and 185.08; credits for income taxes paid
1841	under chapter 220, the emergency excise tax paid under chapter
1842	221 and the credit allowed under subsection (5), as these
1843	credits are limited by subsection (6); all other available
1844	credits and deductions.
1845	Section 34.  Effective January 1, 2012, subsection (1) of
1846	section 624.51055, Florida Statutes, is amended to read:
1847	624.51055  Credit for contributions to eligible nonprofit
1848	scholarship-funding organizations.-
1849	(1)  There is allowed a credit of 100 percent of an
1850	eligible contribution made to an eligible nonprofit scholarship-
1851	funding organization under s. 1002.395 against any tax due for a
1852	taxable year under s. 624.509(1). However, such a credit may not
1853	exceed 75 percent of the tax due under s. 624.509(1) after
1854	deducting from such tax deductions for assessments made pursuant
1855	to s. 440.51; credits for taxes paid under ss. 175.101 and
1856	185.08; credits for income taxes paid under chapter 220; credits
1857	for the emergency excise tax paid under chapter 221; and the
1858	credit allowed under s. 624.509(5), as such credit is limited by
1859	s. 624.509(6). An insurer claiming a credit against premium tax
1860	liability under this section shall not be required to pay any
1861	additional retaliatory tax levied pursuant to s. 624.5091 as a
1862	result of claiming such credit. Section 624.5091 does not limit
1863	such credit in any manner.
1864	Section 35.  (1)  The executive director of the Department
1865	of Revenue is authorized, and all conditions are deemed met, to
1866	adopt emergency rules under ss. 120.536(1) and 120.54(4),
1867	Florida Statutes, for the purpose of implementing this act.
1868	(2)  Notwithstanding any other provision of law, such
1869	emergency rules shall remain in effect for 6 months after the
1870	date adopted and may be renewed during the pendency of
1871	procedures to adopt permanent rules addressing the subject of
1872	the emergency rules.
1873	Section 36.  (1)  The tax levied under chapter 212, Florida
1874	Statutes, may not be collected during the period from 12:01 a.m.
1875	on August 12, 2011, through 11:59 p.m. on August 14, 2011, on
1876	the sale of:
1877	(a)  Clothing, wallets, or bags, including handbags,
1878	backpacks, fanny packs, and diaper bags, but excluding
1879	briefcases, suitcases, and other garment bags, having a sales
1880	price of $75 or less per item. As used in this paragraph, the
1881	term "clothing" means:
1882	1.  Any article of wearing apparel intended to be worn on
1883	or about the human body, excluding watches, watchbands, jewelry,
1884	umbrellas, or handkerchiefs; and
1885	2.  All footwear, excluding skis, swim fins, roller blades,
1886	and skates.
1887	(b)  School supplies having a sales price of $15 or less
1888	per item. As used in this paragraph, the term "school supplies"
1889	means pens, pencils, erasers, crayons, notebooks, notebook
1890	filler paper, legal pads, binders, lunch boxes, construction
1891	paper, markers, folders, poster board, composition books, poster
1892	paper, scissors, cellophane tape, glue or paste, rulers,
1893	computer disks, protractors, compasses, and calculators.
1894	(2)  The tax exemptions in this section do not apply to
1895	sales within a theme park or entertainment complex as defined in
1896	s. 509.013(9), Florida Statutes, a public lodging establishment
1897	as defined in s. 509.013(4), Florida Statutes, or an airport as
1898	defined in s. 330.27(2), Florida Statutes.
1899	(3)  The Department of Revenue may, and all conditions are
1900	deemed met to, adopt emergency rules pursuant to ss. 120.536(1)
1901	and 120.54, Florida Statutes, to administer this section.
1902	(4)  This section shall take effect upon this act becoming
1903	a law.
1904	Section 37.  Effective upon this act becoming a law, and
1905	for the 2010-2011 fiscal year, the sum of $218,905 in
1906	nonrecurring funds is appropriated from the General Revenue Fund
1907	to the Department of Revenue for purposes of administering
1908	section 36. Funds remaining unexpended or unencumbered from this
1909	appropriation as of June 30, 2011, shall revert and be
1910	reappropriated for the same purpose in the 2011-2012 fiscal
1911	year.
1912	Section 38.  Effective upon this act becoming a law,
1913	section 288.987, Florida Statutes, is created to read:
1914	288.987  Florida Defense Support Task Force.-
1915	(1)  The Florida Defense Support Task Force is created.
1916	(2)  The mission of the task force is to make
1917	recommendations to prepare the state to effectively compete in
1918	any federal base realignment and closure action, to support the
1919	state's position in research and development related to or
1920	arising out of military missions and contracting, and to improve
1921	the state's military-friendly environment for service members,
1922	military dependents, military retirees, and businesses that
1923	bring military and base-related jobs to the state.
1924	(3)  The task force shall be comprised of the Governor or
1925	his or her designee, and 12 members appointed as follows:
1926	(a)  Four members appointed by the Governor.
1927	(b)  Four members appointed by the President of the Senate.
1928	(c)  Four members appointed by the Speaker of the House of
1929	Representatives.
1930	(d)  Appointed members must represent defense-related
1931	industries or communities that host military bases and
1932	installations. All appointments must be made by August 1, 2011.
1933	Members shall serve for a term of 4 years, with the first term
1934	ending July 1, 2015. However, if members of the Legislature are
1935	appointed to the task force, those members shall serve until the
1936	expiration of their legislative term and may be reappointed
1937	once. A vacancy shall be filled for the remainder of the
1938	unexpired term in the same manner as the initial appointment.
1939	All members of the council are eligible for reappointment. A
1940	member who serves in the Legislature may participate in all task
1941	force activities, but may only vote on matters that are
1942	advisory.
1943	(4)  The President of the Senate and the Speaker of the
1944	House of Representatives shall each designate one of their
1945	appointees to serve as chair of the task force. The chair shall
1946	rotate each July 1. The appointee designated by the President of
1947	the Senate shall serve as initial chair. If the Governor,
1948	instead of his or her designee, participates in the activities
1949	of the task force, then the Governor shall serve as chair.
1950	(5)  The Director of the Office of Tourism, Trade, and
1951	Economic Development within the Executive Office of the
1952	Governor, or his or her designee, shall serve as the ex officio,
1953	nonvoting executive director of the task force.
1954	(6)  The chair shall schedule and conduct the first meeting
1955	of the task force by October 1, 2011. The task force shall
1956	submit a progress report and work plan for the remainder of the
1957	2011-2012 fiscal year to the Governor, the President of the
1958	Senate, and the Speaker of the House of Representatives by
1959	February 1, 2012, and shall submit an annual report each
1960	February 1 thereafter.
1961	(7)  The Office of Tourism, Trade, and Economic Development
1962	shall contract with the task force for expenditure of
1963	appropriated funds, which may be used by the task force for
1964	economic and product research and development, joint planning
1965	with host communities to accommodate military missions and
1966	prevent base encroachment, advocacy on the state's behalf with
1967	federal civilian and military officials, assistance to school
1968	districts in providing a smooth transition for large numbers of
1969	additional military-related students, job training and placement
1970	for military spouses in communities with high proportions of
1971	active duty military personnel, and promotion of the state to
1972	military and related contractors and employers. The task force
1973	may annually spend up to $200,000 of funds appropriated to the
1974	Executive Office of the Governor, Office of Tourism, Trade, and
1975	Economic Development, for the task force for staffing and
1976	administrative expenses of the task force, including travel and
1977	per diem costs incurred by task force members who are not
1978	otherwise eligible for state reimbursement.
1979	Section 39.  There is appropriated for state fiscal year
1980	2011-2012 to the Executive Office of the Governor, Office of
1981	Tourism, Trade, and Economic Development:
1982	(1)  The sum of $15 million in nonrecurring funds from the
1983	General Revenue Fund for the Innovation Incentive Fund program.
1984	(2)  The sum of $42 million in nonrecurring funds from the
1985	General Revenue Fund for the Quick Action Closing Fund program.
1986	From these funds, preference shall be given to those projects
1987	that include at least a 20 percent local match of cash or in-
1988	kind contributions, which contributions provide a cash savings
1989	to the private business entity receiving the incentive awards.
1990	(3)  The sum of $10 million in nonrecurring funds from the
1991	General Revenue Fund for the Institute for the Commercialization
1992	of Public Research.
1993	(4)  The sum of $5 million in nonrecurring funds from the
1994	General Revenue Fund for the Florida Defense Support Task Force.
1995	Section 40.  Except as otherwise expressly provided in this
1996	act and except for this section, which shall take effect upon
1997	this act becoming a law, this act shall take effect July 1,
1998	2011.
1999
2000
2001	-----------------------------------------------------
2002	T I T L E  A M E N D M E N T
2003	Remove the entire title and insert:
2004	A bill to be entitled
2005	An act relating to economic development; amending s.
2006	14.2015, F.S.; authorizing the Office of Tourism, Trade,
2007	and Economic Development to administer corporate income
2008	tax credits for spaceflight projects; amending ss. 72.011
2009	and 72.041, F.S.; deleting a reference to conform to
2010	changes made by this act; amending s. 216.138, F.S.;
2011	providing for special impact estimating conferences to
2012	evaluate legislative proposals; requiring conference
2013	meetings to be open to the public; specifying the four
2014	principals of the conference; authorizing the convening of
2015	any special estimating conference by a specified principal
2016	in order to adopt certain supplemental information;
2017	requiring all official information of a special impact
2018	estimating conference to be adopted by consensus;
2019	authorizing a principal to invite any person to
2020	participate in the conference; providing definitions;
2021	amending ss. 220.02 and 220.13, F.S.; revising references
2022	to conform to changes made by this act; revising the order
2023	in which credits against the corporate income tax or
2024	franchise tax may be taken to include credits for certain
2025	spaceflight projects and certain research and development;
2026	redefining the term "adjusted federal income" to include
2027	the amount of certain tax credits taken relating to
2028	spaceflight projects and research and development;
2029	providing application; prohibiting a deduction from
2030	taxable income for any net operating loss if a credit
2031	against corporate income taxes relating to a spaceflight
2032	project has been taken or transferred; amending s.
2033	220.131, F.S.; conforming provisions to changes made by
2034	this act; amending s. 220.15, F.S.; conforming provisions
2035	to changes made by this act; creating s. 220.153, F.S.;
2036	defining the terms "office" and "qualified capital
2037	expenditures"; providing for the apportionment of certain
2038	taxpayer's adjusted federal income solely by the sales
2039	factor provided in s. 220.15, F.S.; providing for
2040	eligibility based on the taxpayer's capital expenditures;
2041	providing a qualification and application process;
2042	authorizing the Department of Revenue to examine and
2043	verify that a taxpayer has correctly apportioned its
2044	taxes; authorizing the Office of Tourism, Trade, and
2045	Economic Development to approve and revoke approval of an
2046	application; providing for the recapture of unpaid taxes,
2047	interest, and penalties; authorizing the Office of
2048	Tourism, Trade, and Economic Development and the
2049	Department of Revenue to adopt rules; amending s.
2050	220.1845, F.S.; increasing the annual tax credit cap
2051	relating to contaminated site rehabilitation; amending s.
2052	376.30781, F.S.; conforming references; amending s.
2053	220.16, F.S.; requiring that the amount of payments
2054	received in exchange for transferring a net operating loss
2055	for spaceflight projects be allocated to the state;
2056	creating s. 220.194, F.S.; providing a short title;
2057	providing legislative purpose; defining terms; authorizing
2058	a certified spaceflight business to take or transfer
2059	corporate income tax credits related to spaceflight
2060	projects carried out in this state; specifying tax credit
2061	amounts and business eligibility criteria; providing
2062	limitations; requiring a business to demonstrate to the
2063	satisfaction of the office and the department its
2064	eligibility to claim a tax credit; requiring a business to
2065	submit an application to the office for approval to earn
2066	credits; specifying the required contents of the
2067	application; requiring the office to approve or deny an
2068	application within 60 days after receipt; specifying the
2069	approval process; requiring a spaceflight business to
2070	submit an application for certification to the office;
2071	specifying the required contents of an application for
2072	certification; specifying the approval process; requiring
2073	the office to submit a copy of an approved certification
2074	to the department; providing procedures for transferring a
2075	tax credit to a taxpayer; authorizing the department to
2076	perform audits and investigations necessary to verify the
2077	accuracy of returns relating to the tax credit; specifying
2078	circumstances under which the office may revoke or modify
2079	a certification that grants eligibility for tax credits;
2080	requiring a certified spaceflight business to file an
2081	amended return and pay any required tax within 60 days
2082	after receiving notice that previously approved tax
2083	credits have been revoked or modified; authorizing the
2084	department to assess additional taxes, interest, or
2085	penalties; authorizing the office and the department to
2086	adopt rules; requiring the office to submit an annual
2087	report to the Governor and Legislature regarding the
2088	Florida Space Business Incentives Act; creating s.
2089	220.195, F.S.; creating a corporate income tax credit to
2090	continue credits available under the emergency excise tax;
2091	creating s. 220.196, F.S.; providing application;
2092	providing definitions; providing a tax credit for certain
2093	research and development expenses; providing eligibility
2094	requirements for research and development tax credits;
2095	providing limitations regarding eligibility; providing an
2096	amount for such credit; providing a maximum amount of
2097	credit that may be taken during a taxable year by a
2098	business enterprise; providing that any unused credit may
2099	be carried forward for a specified period; limiting the
2100	total amount of tax credits which may be approved by the
2101	department in a calendar year; providing that applications
2102	for credits may be filed on or after a specified date;
2103	requiring that the credits be granted in the order in
2104	which applications are received; requiring the
2105	recalculation of a credit under certain circumstances;
2106	authorizing the department to adopt rules; amending ss.
2107	220.801, 213.05, 213.053, and 213.255, F.S.; deleting
2108	references to conform to changes made by this act;
2109	authorizing the department to share information with the
2110	office relating to single sales factor apportionment used
2111	by a taxpayer; authorizing the department to share
2112	information relating to corporate income tax credits for
2113	spaceflight projects with the office; repealing chapter
2114	221, F.S.; repealing the emergency excise tax and related
2115	provisions; amending ss. 288.075, 288.1045, and 288.106,
2116	F.S.; deleting references to conform to changes made by
2117	this act; revising a provision to conform to changes made
2118	by this act; amending s. 288.1254, F.S.; revising and
2119	providing definitions; revising criteria for awarding tax
2120	credits and increasing the amount of credits to be awarded
2121	under the entertainment industry financial incentive
2122	program; revising the application procedure and approval
2123	process; permitting an initial transferee of tax credits
2124	to make a one-time transfer of unused tax credits;
2125	amending s. 288.1258, F.S.; changing the recordkeeping
2126	requirements of the Office of Film and Entertainment;
2127	amending s. 290.0055, F.S.; authorizing certain governing
2128	bodies to apply to the Office of Tourism, Trade, and
2129	Economic Development to amend the boundary of an
2130	enterprise zone that includes a rural area of critical
2131	economic concern; providing a limitation; providing an
2132	application deadline; authorizing the office to approve
2133	the amendment application subject to certain requirements;
2134	requiring the office to establish the effective date of
2135	certain enterprise zones; creating s. 290.00726, F.S.;
2136	authorizing Martin County to apply to the Office of
2137	Tourism, Trade, and Economic Development for designation
2138	of an enterprise zone; providing application requirements;
2139	authorizing the office to designate an enterprise zone in
2140	Martin County; providing responsibilities of the office;
2141	creating s. 290.00727, F.S.; authorizing the City of Palm
2142	Bay to apply to the Office of Tourism, Trade, and Economic
2143	Development for designation of an enterprise zone;
2144	providing application requirements; authorizing the office
2145	to designate an enterprise zone in the City of Palm Bay;
2146	providing responsibilities of the office; creating s.
2147	290.00728, F.S.; authorizing Lake County to apply to the
2148	Office of Tourism, Trade, and Economic Development for
2149	designation of an enterprise zone; providing application
2150	requirements; authorizing the office to designate an
2151	enterprise zone in Lake County; providing responsibilities
2152	of the office; amending ss. 334.30, 624.509, and
2153	624.51055, F.S.; deleting references to conform to changes
2154	made by this act; authorizing the executive director of
2155	the Department of Revenue to adopt emergency rules;
2156	specifying a period during this year when the sale of
2157	clothing, wallets, bags, and school supplies are exempt
2158	from the sales tax; providing definitions; providing
2159	exceptions; authorizing the Department of Revenue to adopt
2160	emergency rules; providing an appropriation; creating s.
2161	288.987, F.S.; creating the Florida Defense Support Task
2162	Force; providing for the task force's mission, membership
2163	composition, appointment of membership, and
2164	administration; authorizing the expenditure of
2165	appropriated funds by the task force for specified
2166	purposes; providing appropriations to the Executive Office
2167	of the Governor, Office of Tourism, Trade and Economic
2168	Development; providing effective dates.

CODING: Words stricken are deletions; words underlined are additions.