CS/HB 641

1
A bill to be entitled
2An act relating to the contaminated site rehabilitation
3tax credit; amending s. 220.1845, F.S.; increasing the
4annual tax credit cap; amending s. 376.30781, F.S.;
5conforming references; providing an effective date.
6
7Be It Enacted by the Legislature of the State of Florida:
8
9     Section 1.  Paragraph (f) of subsection (2) of section
10220.1845, Florida Statutes, is amended to read:
11     220.1845  Contaminated site rehabilitation tax credit.-
12     (2)  AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.-
13     (f)  The total amount of the tax credits which may be
14granted under this section is $5 $2 million annually.
15     Section 2.  Subsections (4), (5), and (11) of section
16376.30781, Florida Statutes, are amended to read:
17     376.30781  Tax credits for rehabilitation of drycleaning-
18solvent-contaminated sites and brownfield sites in designated
19brownfield areas; application process; rulemaking authority;
20revocation authority.-
21     (4)  The Department of Environmental Protection is
22responsible for allocating the tax credits provided for in s.
23220.1845, which may not exceed a total of $5 $2 million in tax
24credits annually.
25     (5)  To claim the credit for site rehabilitation or solid
26waste removal, each tax credit applicant must apply to the
27Department of Environmental Protection for an allocation of the
28$5 $2 million annual credit by filing a tax credit application
29with the Division of Waste Management on a form developed by the
30Department of Environmental Protection in cooperation with the
31Department of Revenue. The form shall include an affidavit from
32each tax credit applicant certifying that all information
33contained in the application, including all records of costs
34incurred and claimed in the tax credit application, are true and
35correct. If the application is submitted pursuant to
36subparagraph (3)(a)2., the form must include an affidavit signed
37by the real property owner stating that it is not, and has never
38been, the owner or operator of the drycleaning facility where
39the contamination exists. Approval of tax credits must be
40accomplished on a first-come, first-served basis based upon the
41date and time complete applications are received by the Division
42of Waste Management, subject to the limitations of subsection
43(14). To be eligible for a tax credit, the tax credit applicant
44must:
45     (a)  For site rehabilitation tax credits, have entered into
46a voluntary cleanup agreement with the Department of
47Environmental Protection for a drycleaning-solvent-contaminated
48site or a Brownfield Site Rehabilitation Agreement, as
49applicable, and have paid all deductibles pursuant to s.
50376.3078(3)(e) for eligible drycleaning-solvent-cleanup program
51sites, as applicable. A site rehabilitation tax credit applicant
52must submit only a single completed application per site for
53each calendar year's site rehabilitation costs. A site
54rehabilitation application must be received by the Division of
55Waste Management of the Department of Environmental Protection
56by January 31 of the year after the calendar year for which site
57rehabilitation costs are being claimed in a tax credit
58application. All site rehabilitation costs claimed must have
59been for work conducted between January 1 and December 31 of the
60year for which the application is being submitted. All payment
61requests must have been received and all costs must have been
62paid prior to submittal of the tax credit application, but no
63later than January 31 of the year after the calendar year for
64which site rehabilitation costs are being claimed.
65     (b)  For solid waste removal tax credits, have entered into
66a brownfield site rehabilitation agreement with the Department
67of Environmental Protection. A solid waste removal tax credit
68applicant must submit only a single complete application per
69brownfield site, as defined in the brownfield site
70rehabilitation agreement, for solid waste removal costs. A solid
71waste removal tax credit application must be received by the
72Division of Waste Management of the Department of Environmental
73Protection subsequent to the completion of the requirements
74listed in paragraph (3)(e).
75     (11)  If a tax credit applicant does not receive a tax
76credit allocation due to an exhaustion of the $5 2 million
77annual tax credit authorization, such application will then be
78included in the same first-come, first-served order in the next
79year's annual tax credit allocation, if any, based on the prior
80year application.
81     Section 3.  This act shall take effect July 1, 2011.


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