Amendment
Bill No. HB 7203

Amendment No. 061043

CHAMBER ACTION
Senate		House
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1	The Conference Committee on HB 7203 offered the following:
2
3	Conference Committee 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.  Paragraph (h) of subsection (1) of section
102	212.05, Florida Statutes, is amended to read:
103	212.05  Sales, storage, use tax.-It is hereby declared to
104	be the legislative intent that every person is exercising a
105	taxable privilege who engages in the business of selling
106	tangible personal property at retail in this state, including
107	the business of making mail order sales, or who rents or
108	furnishes any of the things or services taxable under this
109	chapter, or who stores for use or consumption in this state any
110	item or article of tangible personal property as defined herein
111	and who leases or rents such property within the state.
112	(1)  For the exercise of such privilege, a tax is levied on
113	each taxable transaction or incident, which tax is due and
114	payable as follows:
115	(h)1.a.  Except as provided in sub-subparagraph b., a tax
116	is imposed at the rate of 4 percent on the charges for the use
117	of coin-operated amusement machines. The tax shall be calculated
118	by dividing the gross receipts from such charges for the
119	applicable reporting period by a divisor, determined as provided
120	in this subparagraph, to compute gross taxable sales, and then
121	subtracting gross taxable sales from gross receipts to arrive at
122	the amount of tax due. For counties that do not impose a
123	discretionary sales surtax, the divisor is equal to 1.04; for
124	counties that impose a 0.5 percent discretionary sales surtax,
125	the divisor is equal to 1.045; for counties that impose a 1
126	percent discretionary sales surtax, the divisor is equal to
127	1.050; and for counties that impose a 2 percent sales surtax,
128	the divisor is equal to 1.060. If a county imposes a
129	discretionary sales surtax that is not listed in this
130	subparagraph, the department shall make the applicable divisor
131	available in an electronic format or otherwise. Additional
132	divisors shall bear the same mathematical relationship to the
133	next higher and next lower divisors as the new surtax rate bears
134	to the next higher and next lower surtax rates for which
135	divisors have been established. When a machine is activated by a
136	slug, token, coupon, or any similar device which has been
137	purchased, the tax is on the price paid by the user of the
138	device for such device.
139	b.  A tax is imposed at the rate of 1 percent on the
140	charges for the use of coin-operated amusement machines
141	described in s. 849.161(1)(a)1. and operated on the premises of
142	a facility licensed under s. 849.086 located in a city or county
143	that regulates the use of such machines and imposes an
144	additional licensing tax or registration fee on the operator or
145	on the machines. The operator of machines that meet the
146	requirements of this sub-subparagraph must notify the
147	department. The notification must contain the operator's name,
148	sales tax number, annual amusement machine certificate number,
149	business address of the facility, and a statement that the
150	machines are being operated at a facility licensed under s.
151	849.086 and are subject to tax as provided in this sub-
152	subparagraph. The tax shall be calculated by dividing the gross
153	receipts from such charges for the applicable reporting period
154	by a divisor, determined as provided in this sub-subparagraph,
155	to compute gross taxable sales, and then subtracting gross
156	taxable sales from gross receipts to arrive at the amount of tax
157	due. For purposes of this sub-subparagraph, for counties that do
158	not impose a discretionary sales surtax, the divisor is equal to
159	1.01; for counties that impose a 0.5 percent discretionary sales
160	surtax, the divisor is equal to 1.015; for counties that impose
161	a 1 percent discretionary sales surtax, the divisor is equal to
162	1.020; and for counties that impose a 2 percent sales surtax,
163	the divisor is equal to 1.030. If a county imposes a
164	discretionary sales surtax that is not listed in this sub-
165	subparagraph, the department shall make the applicable divisor
166	available in an electronic format or otherwise. Additional
167	divisors shall bear the same mathematical relationship to the
168	next higher and next lower divisors as the new surtax rate bears
169	to the next higher and next lower surtax rates for which
170	divisors have been established. When a machine is activated by a
171	slug, token, coupon, or any similar device that has been
172	purchased, the tax is on the price paid by the user of the
173	device for such device. The tax must be reported to the
174	department on a sales and use tax return initiated through the
175	electronic data interchange and remitted to the department by
176	electronic funds transfer. The dealer shall separately state the
177	tax due under this sub-subparagraph on the electronic return.
178	2.  As used in this paragraph, the term "operator" means
179	any person who possesses a coin-operated amusement machine for
180	the purpose of generating sales through that machine and who is
181	responsible for removing the receipts from the machine.
182	a.  If the owner of the machine is also the operator of it,
183	he or she shall be liable for payment of the tax without any
184	deduction for rent or a license fee paid to a location owner for
185	the use of any real property on which the machine is located.
186	b.  If the owner or lessee of the machine is also its
187	operator, he or she shall be liable for payment of the tax on
188	the purchase or lease of the machine, as well as the tax on
189	sales generated through the machine.
190	c.  If the proprietor of the business where the machine is
191	located does not own the machine, he or she shall be deemed to
192	be the lessee and operator of the machine and is responsible for
193	the payment of the tax on sales, unless such responsibility is
194	otherwise provided for in a written agreement between him or her
195	and the machine owner.
196	3.a.  An operator of a coin-operated amusement machine may
197	not operate or cause to be operated in this state any such
198	machine until the operator has registered with the department
199	and has conspicuously displayed an identifying certificate
200	issued by the department. The identifying certificate shall be
201	issued by the department upon application from the operator. The
202	identifying certificate shall include a unique number, and the
203	certificate shall be permanently marked with the operator's
204	name, the operator's sales tax number, and the maximum number of
205	machines to be operated under the certificate. An identifying
206	certificate shall not be transferred from one operator to
207	another. The identifying certificate must be conspicuously
208	displayed on the premises where the coin-operated amusement
209	machines are being operated.
210	b.  The operator of the machine must obtain an identifying
211	certificate before the machine is first operated in the state
212	and by July 1 of each year thereafter. The annual fee for each
213	certificate shall be based on the number of machines identified
214	on the application times $30 and is due and payable upon
215	application for the identifying device. The application shall
216	contain the operator's name, sales tax number, business address
217	where the machines are being operated, a statement regarding
218	whether the machines are being operated at a facility licensed
219	under s. 849.086 and are subject to tax as provided in sub-
220	subparagraph 1.b., and the number of machines in operation at
221	that place of business by the operator. No operator may operate
222	more machines than are listed on the certificate. A new
223	certificate is required if more machines are being operated at
224	that location than are listed on the certificate. The fee for
225	the new certificate shall be based on the number of additional
226	machines identified on the application form times $30.
227	c.  A penalty of $250 per machine is imposed on the
228	operator for failing to properly obtain and display the required
229	identifying certificate. A penalty of $250 is imposed on the
230	lessee of any machine placed in a place of business without a
231	proper current identifying certificate. Such penalties shall
232	apply in addition to all other applicable taxes, interest, and
233	penalties.
234	d.  Operators of coin-operated amusement machines must
235	obtain a separate sales and use tax certificate of registration
236	for each county in which such machines are located. One sales
237	and use tax certificate of registration is sufficient for all of
238	the operator's machines within a single county.
239	4.  The provisions of this paragraph do not apply to coin-
240	operated amusement machines owned and operated by churches or
241	synagogues.
242	5.  In addition to any other penalties imposed by this
243	chapter, a person who knowingly and willfully violates any
244	provision of this paragraph commits a misdemeanor of the second
245	degree, punishable as provided in s. 775.082 or s. 775.083.
246	6.  The department may adopt rules necessary to administer
247	the provisions of this paragraph.
248	Section 5.  Section 216.138, Florida Statutes, is amended
249	to read:
250	216.138  Authority to request additional analysis of
251	legislative proposals legislation.-
252	(1)  The President of the Senate or the Speaker of the
253	House of Representatives may request special impact sessions of
254	consensus estimating conferences to evaluate legislative
255	proposals proposed legislation based on tools and models not
256	generally employed by the consensus estimating conferences,
257	including cost-benefit, return-on-investment, or dynamic scoring
258	techniques, when suitable and appropriate for the legislative
259	proposals legislation being evaluated.
260	(2)  Unless exempt from s. 119.07(1), information used to
261	develop the analyses shall be available to the public. In
262	addition, all meetings of a special impact estimating conference
263	shall be open to the public. The President of the Senate and the
264	Speaker of the House of Representatives, jointly, shall be the
265	sole judge for the interpretation, implementation, and
266	enforcement of this subsection.
267	(3)  A special impact estimating conference shall consist
268	of four principals: one person from the Executive Office of the
269	Governor; the coordinator of the Office of Economic and
270	Demographic Research, or his or her designee; one person from
271	the professional staff of the Senate; and one person from the
272	professional staff of the House of Representatives. Each
273	principal shall have appropriate fiscal expertise in the subject
274	matter of the legislative proposal. A separate special impact
275	estimating conference may be appointed for each proposal.
276	(4)  After the designation of the four principals, a
277	special impact estimating conference shall convene to adopt
278	official information relating to the proposal.
279	(a)  A principal may invite any person to participate in a
280	special impact estimating conference. Such person shall be
281	designated as a participant. A participant shall, at the request
282	of any principal before or during any meeting of a conference,
283	collect and supply data, perform analyses, or provide other
284	information needed by a conference.
285	(b)  The principal from the Office of Economic and
286	Demographic Research may convene any of the conferences
287	established in s. 216.136 to reach a consensus on supplemental
288	information required for the analysis of the proposed
289	legislation.
290	(c)  All official information of a special impact
291	estimating conference shall be adopted by consensus of all of
292	the principals of the conference. For the purposes of this
293	section, the terms "official information" and "consensus" have
294	the same meanings as provided in s. 216.133.
295	Section 6.  Subsection (8) of section 220.02, Florida
296	Statutes, is amended to read:
297	220.02  Legislative intent.-
298	(8)  It is the intent of the Legislature that credits
299	against either the corporate income tax or the franchise tax be
300	applied in the following order: those enumerated in s. 631.828,
301	those enumerated in s. 220.191, those enumerated in s. 220.181,
302	those enumerated in s. 220.183, those enumerated in s. 220.182,
303	those enumerated in s. 220.1895, those enumerated in s. 221.02,
304	those enumerated in s. 220.184, those enumerated in s. 220.186,
305	those enumerated in s. 220.1845, those enumerated in s. 220.19,
306	those enumerated in s. 220.185, those enumerated in s. 220.1875,
307	those enumerated in s. 220.192, those enumerated in s. 220.193,
308	those enumerated in s. 288.9916, those enumerated in s.
309	220.1899, and those enumerated in s. 220.1896, those enumerated
310	in s. 220.194, and those enumerated in s. 220.196.
311	Section 7.  Effective January 1, 2012, subsection (8) of
312	section 220.02, Florida Statutes, as amended by this act, is
313	amended to read:
314	220.02  Legislative intent.-
315	(8)  It is the intent of the Legislature that credits
316	against either the corporate income tax or the franchise tax be
317	applied in the following order: those enumerated in s. 631.828,
318	those enumerated in s. 220.191, those enumerated in s. 220.181,
319	those enumerated in s. 220.183, those enumerated in s. 220.182,
320	those enumerated in s. 220.1895, those enumerated in s. 220.195
321	221.02, those enumerated in s. 220.184, those enumerated in s.
322	220.186, those enumerated in s. 220.1845, those enumerated in s.
323	220.19, those enumerated in s. 220.185, those enumerated in s.
324	220.1875, those enumerated in s. 220.192, those enumerated in s.
325	220.193, those enumerated in s. 288.9916, those enumerated in s.
326	220.1899, those enumerated in s. 220.1896, those enumerated in
327	s. 220.194, and those enumerated in 220.196.
328	Section 8.  Paragraphs (a) and (b) of subsection (1) of
329	section 220.13, Florida Statutes, are amended to read:
330	220.13  "Adjusted federal income" defined.-
331	(1)  The term "adjusted federal income" means an amount
332	equal to the taxpayer's taxable income as defined in subsection
333	(2), or such taxable income of more than one taxpayer as
334	provided in s. 220.131, for the taxable year, adjusted as
335	follows:
336	(a)  Additions.-There shall be added to such taxable
337	income:
338	1.  The amount of any tax upon or measured by income,
339	excluding taxes based on gross receipts or revenues, paid or
340	accrued as a liability to the District of Columbia or any state
341	of the United States which is deductible from gross income in
342	the computation of taxable income for the taxable year.
343	2.  The amount of interest which is excluded from taxable
344	income under s. 103(a) of the Internal Revenue Code or any other
345	federal law, less the associated expenses disallowed in the
346	computation of taxable income under s. 265 of the Internal
347	Revenue Code or any other law, excluding 60 percent of any
348	amounts included in alternative minimum taxable income, as
349	defined in s. 55(b)(2) of the Internal Revenue Code, if the
350	taxpayer pays tax under s. 220.11(3).
351	3.  In the case of a regulated investment company or real
352	estate investment trust, an amount equal to the excess of the
353	net long-term capital gain for the taxable year over the amount
354	of the capital gain dividends attributable to the taxable year.
355	4.  That portion of the wages or salaries paid or incurred
356	for the taxable year which is equal to the amount of the credit
357	allowable for the taxable year under s. 220.181. This
358	subparagraph shall expire on the date specified in s. 290.016
359	for the expiration of the Florida Enterprise Zone Act.
360	5.  That portion of the ad valorem school taxes paid or
361	incurred for the taxable year which is equal to the amount of
362	the credit allowable for the taxable year under s. 220.182. This
363	subparagraph shall expire on the date specified in s. 290.016
364	for the expiration of the Florida Enterprise Zone Act.
365	6.  The amount of emergency excise tax paid or accrued as a
366	liability to this state under chapter 221 which tax is
367	deductible from gross income in the computation of taxable
368	income for the taxable year.
369	7.  That portion of assessments to fund a guaranty
370	association incurred for the taxable year which is equal to the
371	amount of the credit allowable for the taxable year.
372	8.  In the case of a nonprofit corporation which holds a
373	pari-mutuel permit and which is exempt from federal income tax
374	as a farmers' cooperative, an amount equal to the excess of the
375	gross income attributable to the pari-mutuel operations over the
376	attributable expenses for the taxable year.
377	9.  The amount taken as a credit for the taxable year under
378	s. 220.1895.
379	10.  Up to nine percent of the eligible basis of any
380	designated project which is equal to the credit allowable for
381	the taxable year under s. 220.185.
382	11.  The amount taken as a credit for the taxable year
383	under s. 220.1875. The addition in this subparagraph is intended
384	to ensure that the same amount is not allowed for the tax
385	purposes of this state as both a deduction from income and a
386	credit against the tax. This addition is not intended to result
387	in adding the same expense back to income more than once.
388	12.  The amount taken as a credit for the taxable year
389	under s. 220.192.
390	13.  The amount taken as a credit for the taxable year
391	under s. 220.193.
392	14.  Any portion of a qualified investment, as defined in
393	s. 288.9913, which is claimed as a deduction by the taxpayer and
394	taken as a credit against income tax pursuant to s. 288.9916.
395	15.  The costs to acquire a tax credit pursuant to s.
396	288.1254(5) that are deducted from or otherwise reduce federal
397	taxable income for the taxable year.
398	16.  The amount taken as a credit for the taxable year
399	under s. 220.194.
400	17.  The amount taken as a credit for the taxable year
401	under s. 220.196. The addition in this subparagraph is intended
402	to ensure that the same amount is not allowed for the tax
403	purposes of this state as both a deduction from income and a
404	credit against the tax. The addition is not intended to result
405	in adding the same expense back to income more than once.
406	(b)  Subtractions.-
407	1.  There shall be subtracted from such taxable income:
408	a.  The net operating loss deduction allowable for federal
409	income tax purposes under s. 172 of the Internal Revenue Code
410	for the taxable year, except that any net operating loss that is
411	transferred pursuant to s. 220.194(6) may not be deducted by the
412	seller,
413	b.  The net capital loss allowable for federal income tax
414	purposes under s. 1212 of the Internal Revenue Code for the
415	taxable year,
416	c.  The excess charitable contribution deduction allowable
417	for federal income tax purposes under s. 170(d)(2) of the
418	Internal Revenue Code for the taxable year, and
419	d.  The excess contributions deductions allowable for
420	federal income tax purposes under s. 404 of the Internal Revenue
421	Code for the taxable year.
422
423	However, a net operating loss and a capital loss shall never be
424	carried back as a deduction to a prior taxable year, but all
425	deductions attributable to such losses shall be deemed net
426	operating loss carryovers and capital loss carryovers,
427	respectively, and treated in the same manner, to the same
428	extent, and for the same time periods as are prescribed for such
429	carryovers in ss. 172 and 1212, respectively, of the Internal
430	Revenue Code.
431	2.  There shall be subtracted from such taxable income any
432	amount to the extent included therein the following:
433	a.  Dividends treated as received from sources without the
434	United States, as determined under s. 862 of the Internal
435	Revenue Code.
436	b.  All amounts included in taxable income under s. 78 or
437	s. 951 of the Internal Revenue Code.
438
439	However, as to any amount subtracted under this subparagraph,
440	there shall be added to such taxable income all expenses
441	deducted on the taxpayer's return for the taxable year which are
442	attributable, directly or indirectly, to such subtracted amount.
443	Further, no amount shall be subtracted with respect to dividends
444	paid or deemed paid by a Domestic International Sales
445	Corporation.
446	3.  In computing "adjusted federal income" for taxable
447	years beginning after December 31, 1976, there shall be allowed
448	as a deduction the amount of wages and salaries paid or incurred
449	within this state for the taxable year for which no deduction is
450	allowed pursuant to s. 280C(a) of the Internal Revenue Code
451	(relating to credit for employment of certain new employees).
452	4.  There shall be subtracted from such taxable income any
453	amount of nonbusiness income included therein.
454	5.  There shall be subtracted any amount of taxes of
455	foreign countries allowable as credits for taxable years
456	beginning on or after September 1, 1985, under s. 901 of the
457	Internal Revenue Code to any corporation which derived less than
458	20 percent of its gross income or loss for its taxable year
459	ended in 1984 from sources within the United States, as
460	described in s. 861(a)(2)(A) of the Internal Revenue Code, not
461	including credits allowed under ss. 902 and 960 of the Internal
462	Revenue Code, withholding taxes on dividends within the meaning
463	of sub-subparagraph 2.a., and withholding taxes on royalties,
464	interest, technical service fees, and capital gains.
465	6.  Notwithstanding any other provision of this code,
466	except with respect to amounts subtracted pursuant to
467	subparagraphs 1. and 3., any increment of any apportionment
468	factor which is directly related to an increment of gross
469	receipts or income which is deducted, subtracted, or otherwise
470	excluded in determining adjusted federal income shall be
471	excluded from both the numerator and denominator of such
472	apportionment factor. Further, all valuations made for
473	apportionment factor purposes shall be made on a basis
474	consistent with the taxpayer's method of accounting for federal
475	income tax purposes.
476	Section 9.  Effective January 1, 2012, paragraph (a) of
477	subsection (1) of section 220.13, Florida Statutes, as amended
478	by this act, is amended to read:
479	220.13  "Adjusted federal income" defined.-
480	(1)  The term "adjusted federal income" means an amount
481	equal to the taxpayer's taxable income as defined in subsection
482	(2), or such taxable income of more than one taxpayer as
483	provided in s. 220.131, for the taxable year, adjusted as
484	follows:
485	(a)  Additions.-There shall be added to such taxable
486	income:
487	1.  The amount of any tax upon or measured by income,
488	excluding taxes based on gross receipts or revenues, paid or
489	accrued as a liability to the District of Columbia or any state
490	of the United States which is deductible from gross income in
491	the computation of taxable income for the taxable year.
492	2.  The amount of interest which is excluded from taxable
493	income under s. 103(a) of the Internal Revenue Code or any other
494	federal law, less the associated expenses disallowed in the
495	computation of taxable income under s. 265 of the Internal
496	Revenue Code or any other law, excluding 60 percent of any
497	amounts included in alternative minimum taxable income, as
498	defined in s. 55(b)(2) of the Internal Revenue Code, if the
499	taxpayer pays tax under s. 220.11(3).
500	3.  In the case of a regulated investment company or real
501	estate investment trust, an amount equal to the excess of the
502	net long-term capital gain for the taxable year over the amount
503	of the capital gain dividends attributable to the taxable year.
504	4.  That portion of the wages or salaries paid or incurred
505	for the taxable year which is equal to the amount of the credit
506	allowable for the taxable year under s. 220.181. This
507	subparagraph shall expire on the date specified in s. 290.016
508	for the expiration of the Florida Enterprise Zone Act.
509	5.  That portion of the ad valorem school taxes paid or
510	incurred for the taxable year which is equal to the amount of
511	the credit allowable for the taxable year under s. 220.182. This
512	subparagraph shall expire on the date specified in s. 290.016
513	for the expiration of the Florida Enterprise Zone Act.
514	6.  The amount taken as a credit under s. 220.195 of
515	emergency excise tax paid or accrued as a liability to this
516	state under chapter 221 which tax is deductible from gross
517	income in the computation of taxable income for the taxable
518	year.
519	7.  That portion of assessments to fund a guaranty
520	association incurred for the taxable year which is equal to the
521	amount of the credit allowable for the taxable year.
522	8.  In the case of a nonprofit corporation which holds a
523	pari-mutuel permit and which is exempt from federal income tax
524	as a farmers' cooperative, an amount equal to the excess of the
525	gross income attributable to the pari-mutuel operations over the
526	attributable expenses for the taxable year.
527	9.  The amount taken as a credit for the taxable year under
528	s. 220.1895.
529	10.  Up to nine percent of the eligible basis of any
530	designated project which is equal to the credit allowable for
531	the taxable year under s. 220.185.
532	11.  The amount taken as a credit for the taxable year
533	under s. 220.1875. The addition in this subparagraph is intended
534	to ensure that the same amount is not allowed for the tax
535	purposes of this state as both a deduction from income and a
536	credit against the tax. This addition is not intended to result
537	in adding the same expense back to income more than once.
538	12.  The amount taken as a credit for the taxable year
539	under s. 220.192.
540	13.  The amount taken as a credit for the taxable year
541	under s. 220.193.
542	14.  Any portion of a qualified investment, as defined in
543	s. 288.9913, which is claimed as a deduction by the taxpayer and
544	taken as a credit against income tax pursuant to s. 288.9916.
545	15.  The costs to acquire a tax credit pursuant to s.
546	288.1254(5) that are deducted from or otherwise reduce federal
547	taxable income for the taxable year.
548	16.  The amount taken as a credit for the taxable year
549	pursuant to s. 220.194.
550	17.  The amount taken as a credit for the taxable year
551	under s. 220.196. The addition in this subparagraph is intended
552	to ensure that the same amount is not allowed for the tax
553	purposes of this state as both a deduction from income and a
554	credit against the tax. The addition is not intended to result
555	in adding the same expense back to income more than once.
556	Section 10.  Subsection (5) of section 220.131, Florida
557	Statutes, is amended to read:
558	220.131  Adjusted federal income; affiliated groups.-
559	(5)  Each taxpayer shall apportion adjusted federal income
560	under s. 220.15 as a member of an affiliated group which files a
561	consolidated return under this section on the basis of
562	apportionment factors described in s. 220.15. For the purposes
563	of this subsection, each special industry member included in an
564	affiliated group filing a consolidated return hereunder, who
565	which member would otherwise be permitted to use a special
566	method of apportionment under s. 220.151 or s. 220.153, shall
567	construct the numerator of its sales, property, and payroll
568	factors, respectively, by multiplying the denominator of each
569	such factor by the premiums, or revenue miles, or single sales
570	factor ratio otherwise applicable under pursuant to s. 220.151
571	or s. 220.153 in the manner prescribed by the department by
572	rule.
573	Section 11.  Subsection (1) of section 220.15, Florida
574	Statutes, is amended to read:
575	220.15  Apportionment of adjusted federal income.-
576	(1)  Except as provided in ss. 220.151, and 220.152, and
577	220.153, adjusted federal income as defined in s. 220.13 shall
578	be apportioned to this state by taxpayers doing business within
579	and without this state by multiplying it by an apportionment
580	fraction composed of a sales factor representing 50 percent of
581	the fraction, a property factor representing 25 percent of the
582	fraction, and a payroll factor representing 25 percent of the
583	fraction. If any factor described in subsection (2), subsection
584	(4), or subsection (5) has a denominator that is zero or is
585	determined by the department to be insignificant, the relative
586	weights of the other factors in the denominator of the
587	apportionment fraction shall be as follows:
588	(a)  If the denominators for any two factors are zero or
589	are insignificant, the weighted percentage for the remaining
590	factor shall be 100 percent.
591	(b)  If the denominator for the sales factor is zero or is
592	insignificant, the weighted percentage for the property and
593	payroll factors shall change from 25 percent to 50 percent,
594	respectively.
595	(c)  If the denominator for either the property or payroll
596	factor is zero or is insignificant, the weighted percentage for
597	the other shall be 33 1/3 percent, and the weighted percentage
598	for the sales factor shall be 66 2/3 percent.
599	Section 12.  Section 220.153, Florida Statutes, is created
600	to read:
601	220.153  Apportionment by sales factor.-
602	(1)  DEFINITIONS.-As used in this section, the term:
603	(a)  "Office" means the Office of Tourism, Trade, and
604	Economic Development.
605	(b)  "Qualified capital expenditures" means expenditures in
606	this state for purposes substantially related to a business's
607	production or sale of goods or services. The expenditure must
608	fund the acquisition of additional real property (land,
609	buildings, including appurtenances, fixtures and fixed
610	equipment, structures, etc.), including additions, replacements,
611	major repairs, and renovations to real property which materially
612	extend its useful life or materially improve or change its
613	functional use and the furniture and equipment necessary to
614	furnish and operate a new or improved facility. The term
615	"qualified capital expenditures" does not include an expenditure
616	for a passive investment or for an investment intended for the
617	accumulation of reserves or the realization of profit for
618	distribution to any person holding an ownership interest in the
619	business. The term "qualified capital expenditures" does not
620	include expenditures to acquire an existing business or
621	expenditures in excess of $125 million to acquire land or
622	buildings.
623	(2)  APPORTIONMENT OF TAXES; ELIGIBILITY.-A taxpayer, not
624	including a financial organization as defined in s. 220.15(6) or
625	a bank, savings association, international banking facility, or
626	banking organization as defined in s. 220.62, doing business
627	within and without this state, who applies and demonstrates to
628	the office that, within a 2-year period beginning on or after
629	July 1, 2011, it has made qualified capital expenditures equal
630	to or exceeding $250 million may apportion its adjusted federal
631	income solely by the sales factor set forth in s. 220.15(5),
632	commencing in the taxable year that the office approves the
633	application, but not before a taxable year that begins on or
634	after January 1, 2013. Once approved, a taxpayer may elect to
635	apportion its adjusted federal income for any taxable year using
636	the method provided under this section or the method provided
637	under s. 220.15.
638	(3)  QUALIFICATION PROCESS.-
639	(a)  To qualify as a taxpayer who is eligible to apportion
640	its adjusted federal income under this section:
641	1.  The taxpayer must notify the office of its intent to
642	submit an application to apportion its adjusted federal income
643	in order to commence the 2-year period for measuring qualified
644	capital expenditures.
645	2.  The taxpayer must submit an application to apportion
646	its adjusted federal income under this section to the office
647	within 2 years after notifying the office of the taxpayer's
648	intent to qualify. The application must be made under oath and
649	provide such information as the office reasonably requires by
650	rule for determining the applicant's eligibility to apportion
651	adjusted federal income under this section. The taxpayer is
652	responsible for affirmatively demonstrating to the satisfaction
653	of the office that it meets the eligibility requirements.
654	(b)  The taxpayer notice and application forms shall be
655	established by the office by rule. The office shall acknowledge
656	receipt of the notice and approve or deny the application in
657	writing within 45 days after receipt.
658	(4)  REVIEW AUTHORITY; RECAPTURE OF TAX.-
659	(a)  In addition to its existing audit authority, the
660	department may perform any financial and technical review and
661	investigation, including examining the accounts, books, and
662	records of the taxpayer as necessary, to verify that the
663	taxpayer's tax return correctly computes and apportions adjusted
664	federal income and to ensure compliance with this chapter.
665	(b)  The office may, by order, revoke its decision to grant
666	eligibility for apportionment pursuant to this section, and may
667	also order the recalculation of apportionment factors to those
668	applicable under s. 220.15 if, as the result of an audit,
669	investigation, or examination, it determines that information
670	provided by the taxpayer in the application, or in a statement,
671	representation, record, report, plan, or other document provided
672	to the office to become eligible for apportionment, was
673	materially false at the time it was made and that an individual
674	acting on behalf of the taxpayer knew, or should have known,
675	that the information submitted was false. The taxpayer shall pay
676	such additional taxes and interest as may be due pursuant to
677	this chapter computed as the difference between the tax that
678	would have been due under the apportionment formula provided in
679	s. 220.15 for such years and the tax actually paid. In addition,
680	the department shall assess a penalty equal to 100 percent of
681	the additional tax due.
682	(c)  The office shall immediately notify the department of
683	an order affecting a taxpayer's eligibility to apportion tax
684	pursuant to this section. A taxpayer who is liable for past tax
685	must file an amended return with the department, or such other
686	report as the department prescribes by rule, and pay any
687	required tax, interest, and penalty within 60 days after the
688	taxpayer receives notification from the office that the
689	previously approved credits have been revoked. If the revocation
690	is contested, the taxpayer shall file an amended return or other
691	report within 30 days after an order becomes final. A taxpayer
692	who fails to pay the past tax, interest, and penalty by the due
693	date is subject to the penalties provided in s. 220.803.
694	(5)  RULES.-The office and the department may adopt rules
695	to administer this section.
696	Section 13.  Paragraph (f) of subsection (2) of section
697	220.1845, Florida Statutes, is amended to read:
698	220.1845  Contaminated site rehabilitation tax credit.-
699	(2)  AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.-
700	(f)  The total amount of the tax credits which may be
701	granted under this section is $5 $2 million annually.
702	Section 14.  Subsections (4), (5), and (11) of section
703	376.30781, Florida Statutes, are amended to read:
704	376.30781  Tax credits for rehabilitation of drycleaning-
705	solvent-contaminated sites and brownfield sites in designated
706	brownfield areas; application process; rulemaking authority;
707	revocation authority.-
708	(4)  The Department of Environmental Protection is
709	responsible for allocating the tax credits provided for in s.
710	220.1845, which may not exceed a total of $5 $2 million in tax
711	credits annually.
712	(5)  To claim the credit for site rehabilitation or solid
713	waste removal, each tax credit applicant must apply to the
714	Department of Environmental Protection for an allocation of the
715	$5 $2 million annual credit by filing a tax credit application
716	with the Division of Waste Management on a form developed by the
717	Department of Environmental Protection in cooperation with the
718	Department of Revenue. The form shall include an affidavit from
719	each tax credit applicant certifying that all information
720	contained in the application, including all records of costs
721	incurred and claimed in the tax credit application, are true and
722	correct. If the application is submitted pursuant to
723	subparagraph (3)(a)2., the form must include an affidavit signed
724	by the real property owner stating that it is not, and has never
725	been, the owner or operator of the drycleaning facility where
726	the contamination exists. Approval of tax credits must be
727	accomplished on a first-come, first-served basis based upon the
728	date and time complete applications are received by the Division
729	of Waste Management, subject to the limitations of subsection
730	(14). To be eligible for a tax credit, the tax credit applicant
731	must:
732	(a)  For site rehabilitation tax credits, have entered into
733	a voluntary cleanup agreement with the Department of
734	Environmental Protection for a drycleaning-solvent-contaminated
735	site or a Brownfield Site Rehabilitation Agreement, as
736	applicable, and have paid all deductibles pursuant to s.
737	376.3078(3)(e) for eligible drycleaning-solvent-cleanup program
738	sites, as applicable. A site rehabilitation tax credit applicant
739	must submit only a single completed application per site for
740	each calendar year's site rehabilitation costs. A site
741	rehabilitation application must be received by the Division of
742	Waste Management of the Department of Environmental Protection
743	by January 31 of the year after the calendar year for which site
744	rehabilitation costs are being claimed in a tax credit
745	application. All site rehabilitation costs claimed must have
746	been for work conducted between January 1 and December 31 of the
747	year for which the application is being submitted. All payment
748	requests must have been received and all costs must have been
749	paid prior to submittal of the tax credit application, but no
750	later than January 31 of the year after the calendar year for
751	which site rehabilitation costs are being claimed.
752	(b)  For solid waste removal tax credits, have entered into
753	a brownfield site rehabilitation agreement with the Department
754	of Environmental Protection. A solid waste removal tax credit
755	applicant must submit only a single complete application per
756	brownfield site, as defined in the brownfield site
757	rehabilitation agreement, for solid waste removal costs. A solid
758	waste removal tax credit application must be received by the
759	Division of Waste Management of the Department of Environmental
760	Protection subsequent to the completion of the requirements
761	listed in paragraph (3)(e).
762	(11)  If a tax credit applicant does not receive a tax
763	credit allocation due to an exhaustion of the $5 2 million
764	annual tax credit authorization, such application will then be
765	included in the same first-come, first-served order in the next
766	year's annual tax credit allocation, if any, based on the prior
767	year application.
768	Section 15.  Subsection (5) is added to section 220.16,
769	Florida Statutes, to read:
770	220.16  Allocation of nonbusiness income.-Nonbusiness
771	income shall be allocated as follows:
772	(5)  The amount of payments received in exchange for
773	transferring a net operating loss authorized by s. 220.194 is
774	allocable to the state.
775	Section 16.  Section 220.194, Florida Statutes, is created
776	to read:
777	220.194  Corporate income tax credits for spaceflight
778	projects.-
779	(1)  SHORT TITLE.-This section may be cited as the "Florida
780	Space Business Incentives Act."
781	(2)  PURPOSE.-The purpose of this section is to create
782	incentives to attract launch, payload, research and development,
783	and other space business to this state.
784	(3)  DEFINITIONS.-As used in this section, the term:
785	(a)  "Administrative support" means that 51 percent or more
786	of an activity supports a certified spaceflight business.
787	(b)  "Certified" means that a spaceflight business has been
788	certified by the office as meeting all of the requirements
789	necessary to obtain at least one of the approved tax credits
790	available under this section, including approval to transfer a
791	credit.
792	(c)  "New employee" means a state resident who begins or
793	maintains full-time employment in this state with a spaceflight
794	business on or after October 1, 2011. The term does not include
795	a person who is a partner, majority stockholder, or owner of the
796	business or a person who is employed in a temporary construction
797	job or primarily involved with the construction of real
798	property.
799	(d)  "New job" means the full-time employment of an
800	employee in a manner that is consistent with terms used by the
801	Agency for Workforce Innovation and the United States Department
802	of Labor for purposes of unemployment compensation tax
803	administration and employment estimation. In order to meet the
804	requirement for certification specified in paragraph (5)(b), a
805	new job must:
806	1.  Pay new employees at least 115 percent of the statewide
807	or countywide average annual private-sector wage for the 3
808	taxable years immediately preceding filing an application for
809	certification;
810	2.  Require a new employee to perform duties on a regular
811	full-time basis in this state for an average of at least 36
812	hours per week each month for the 3 taxable years immediately
813	preceding filing an application for certification; and
814	3.  Not be held by a person who has previously been
815	included as a new employee on an application for any credit
816	authorized under this section.
817	(e)  "Office" means the Office of Tourism, Trade, and
818	Economic Development.
819	(f)  "Payload" means an object built or assembled in this
820	state to be placed into earth's upper atmospheres or space.
821	(g)  "Reentry" means to return or attempt to return an
822	object from earth's upper atmospheres or space.
823	(h)  "Reentry service" means an activity conducted in this
824	state related to preparing a reentry vehicle and any payload for
825	reentry and the reentry.
826	(i)  "Space vehicle" means any spacecraft, satellite, space
827	station, upper-stage, launch vehicle, reentry vehicle, and
828	related ground-support systems and equipment.
829	(j)  "Spaceflight business" means a business that:
830	1.  Is registered with the Secretary of State to do
831	business in this state; and
832	2.  Is currently engaged in a spaceflight project. A
833	spaceflight business may participate in more than one
834	spaceflight project at a time and may conduct work on a
835	commercial, governmental, or United States defense-related
836	spaceflight project.
837	(k)  "Spaceflight project" means any of the following
838	activities performed in this state:
839	1.  Designing, manufacturing, testing, or assembling a
840	space vehicle or components thereof;
841	2.  Providing a launch service, payload processing service,
842	or reentry service; or
843	3.  Providing the payload for a launch vehicle or reentry
844	space vehicle;
845	4.  Administrative support; or
846	5.  Providing the launch vehicle or the reentry vehicle for
847	space tourists.
848	(l)  "Taxpayer" has the same meaning as provided in s.
849	220.03.
850	(4)  TAX CREDITS.-
851	(a)  If approved and certified pursuant to subsection (5),
852	the following tax credits may be taken on a return for a taxable
853	year beginning on or after October 1, 2015:
854	1.  A certified spaceflight business may take a
855	nontransferable corporate income tax credit for up to 50 percent
856	of the business's tax liability under this chapter for the
857	taxable year in which the credit is taken. The maximum
858	nontransferable tax credit amount that may be approved per
859	taxpayer for a taxable year is $1 million. No more than $3
860	million in total tax credits pursuant to this subparagraph may
861	be certified pursuant to subsection (5). No credit may be
862	approved after October 1, 2017.
863	2.  A certified spaceflight business may transfer, in whole
864	or in part, its Florida net operating loss that would otherwise
865	be available to be taken on a return filed under this chapter,
866	provided that the activity giving rise to such net operating
867	loss must have occurred after July 1, 2011. The transfer allowed
868	under this subparagraph will be in the form of a transferable
869	tax credit equal to the amount of the net operating loss
870	eligible to be transferred. The maximum transferable tax credit
871	amount that may be approved per taxpayer for a taxable year is
872	$2.5 million. No more than $7 million in total tax credits
873	pursuant to this subparagraph may be certified pursuant to
874	subsection (5). No credit may be approved after October 1, 2017.
875	a.  In order to transfer the credit, the business must:
876	(I)  Have been approved to transfer the tax credit for the
877	taxable year in which it is transferred;
878	(II)  Have incurred a qualifying net operating loss on
879	activity in this state after July 1, 2011, directly associated
880	with one or more spaceflight projects in any of its 3 previous
881	taxable years;
882	(III)  Not be 50 percent or more owned or controlled,
883	directly or indirectly, by another corporation that has
884	demonstrated positive net income in any of the 3 previous
885	taxable years of ongoing operations; and
886	(IV)  Not be part of a consolidated group of affiliated
887	corporations, as filed for federal income tax purposes, which in
888	the aggregate demonstrated positive net income in any of the 3
889	previous taxable years.
890	b.  The credit that may be transferred by a certified
891	spaceflight business:
892	(I)  Is limited to the amount of eligible net operating
893	losses incurred in the immediate 3 taxable years before the
894	transfer; and
895	(II)  Must be directly associated with a spaceflight
896	project in this state as verified through an audit or
897	examination by a certified public accountant licensed to do
898	business in this state and as verified by the office.
899	(b)  Each certified spaceflight business may only be
900	approved for a credit under subparagraph (a)1. once and may only
901	be approved to transfer a tax credit under subparagraph (a)2.
902	once, and a certified spaceflight business may not be approved
903	for both in a single state fiscal year.
904	(c)  Credits approved under subparagraph (a)1. may be taken
905	only against the corporate income tax liability generated by or
906	arising out of a spaceflight project in this state, as verified
907	through an audit or examination by a certified public accountant
908	licensed to do business in this state and as verified by the
909	office.
910	(d)  A certified spaceflight business may not file a
911	consolidated return in order to claim the tax incentives
912	described in this subsection.
913	(e)  The certified spaceflight business or transferee must
914	demonstrate to the satisfaction of the office and the department
915	that it is eligible to take the credits approved under this
916	section.
917	(5)  APPLICATION AND CERTIFICATION.-
918	(a)  In order to claim a tax credit under this section, a
919	spaceflight business must first submit an application to the
920	office for approval to earn tax credits or create transferable
921	tax credits. The application must be filed by the date
922	established by the office. In addition to any information that
923	the office may require, the applicant must provide a complete
924	description of the activity in this state which demonstrates to
925	the office the applicant's likelihood to be certified to take or
926	transfer a credit. The applicant must also provide a description
927	of the total amount and type of credits for which approval is
928	sought. The office may consult with Space Florida regarding the
929	qualifications of an applicant. The applicant shall provide an
930	affidavit certifying that all information contained in the
931	application is true and correct.
932	1.  Approval of the credits shall be provided on a first-
933	come, first-served basis, based on the date the completed
934	applications are received by the office. A taxpayer may not
935	submit more than one completed application per state fiscal
936	year. The office may not accept an incomplete placeholder
937	application, and the submission of such an application will not
938	secure a place in the first-come, first-served application line.
939	2.  The office has 60 days after the receipt of a completed
940	application within which to issue a notice of intent to deny or
941	approve an application for credits. The office must ensure that
942	the corporate income tax credits approved for all applicants
943	does not exceed the limits provided in this section.
944	(b)  In order to take a tax credit under subparagraph (a)1.
945	or, if applicable, to transfer an approved credit under
946	subparagraph (a)2., a spaceflight business must submit an
947	application for certification to the office along with a
948	nonrefundable $250 fee.
949	1.  The application must include:
950	a.  The name and physical in-state address of the taxpayer.
951	b.  Documentation demonstrating to the satisfaction of the
952	office that:
953	(I)  The taxpayer is a spaceflight business.
954	(II)  The business has engaged in a qualifying spaceflight
955	project before taking or transferring a credit under this
956	section.
957	c.  In addition to any requirement specific to a credit,
958	documentation that the business has:
959	(I)  Created 35 new jobs in this state directly associated
960	with spaceflight projects during its immediately preceding 3
961	taxable years. The business shall be deemed to have created new
962	jobs if the number of full-time jobs located in this state at
963	the time of application for certification is greater than the
964	total number of full-time jobs located in this state at the time
965	of application for approval to earn credits; and
966	(II)  Invested a total of at least $15 million in this
967	state on a spaceflight project during its immediately preceding
968	3 taxable years.
969	d.  The total amount and types of credits sought.
970	e.  An acknowledgment that a transfer of a tax credit is to
971	be accomplished pursuant to subsection (5).
972	f.  A copy of an audit or audits of the preceding 3 taxable
973	years, prepared by a certified public accountant licensed to
974	practice in this state, which identifies that portion of the
975	business's activities in this state related to spaceflight
976	projects in this state.
977	g.  An acknowledgement that the business must file an
978	annual report on the spaceflight project's progress with the
979	office.
980	h.  Any other information necessary to demonstrate that the
981	applicant meets the job creation, investment, and other
982	requirements of this section.
983	2.  Within 60 days after receipt of the application for
984	certification, the office shall evaluate the application and
985	recommend the business for certification or denial. The
986	executive director of the office must approve or deny the
987	application within 30 days after receiving the recommendation.
988	If approved, the office must provide a letter of certification
989	to the applicant consistent with any restrictions imposed. If
990	the office denies any part of the requested credit, the office
991	must inform the applicant of the grounds for the denial. A copy
992	of the certification shall be submitted to the department within
993	10 days after the executive director's approval.
994	(6)  TRANSFERABILITY OF CREDIT.-
995	(a)  A certified spaceflight business allowed to transfer
996	an approved credit, in whole or in part, to a taxpayer by
997	written agreement may do so without transferring any ownership
998	interest in the property generating the credit or any interest
999	in the entity owning such property.
1000	(b)  In order to perfect the transfer, the transferor shall
1001	provide the department with a written transfer statement that
1002	has been approved by the office notifying the department of the
1003	transferor's intent to transfer the tax credits to the
1004	transferee; the date that the transfer is effective; the
1005	transferee's name, address, and federal taxpayer identification
1006	number; the tax period; and the amount of tax credits to be
1007	transferred. Upon receipt of the approved transfer statement,
1008	the department shall provide the transferee and the office with
1009	a certificate reflecting the tax credit amounts transferred. A
1010	copy of the certificate must be attached to each tax return for
1011	which the transferee seeks to apply the credits.
1012	(7)  AUDIT AUTHORITY; RECAPTURE OF CREDITS.-
1013	(a)  In addition to its existing audit and investigative
1014	authority, the department may perform any additional financial
1015	and technical audits and investigations, including examining the
1016	accounts, books, and financial records of the tax credit
1017	applicant, which are necessary for verifying the accuracy of the
1018	return and to ensure compliance with this section. If requested
1019	by the department, the office and Space Florida must provide
1020	technical assistance for any technical audits or examinations
1021	performed under this subsection.
1022	(b)  Grounds for forfeiture of previously claimed tax
1023	credits approved under this section exist if the department
1024	determines, as a result of an audit or examination, or from
1025	information received from the office, that a certified
1026	spaceflight business, or in the case of transferred tax credits,
1027	a taxpayer received tax credits for which the certified
1028	spaceflight business or taxpayer was not entitled. The
1029	spaceflight business or transferee must file an amended return
1030	reflecting the disallowed credits and paying any tax due as a
1031	result of the amendment.
1032	(c)  If an amendment to, recomputation of, or
1033	redetermination of a certified spaceflight business's Florida
1034	corporate income tax return changes an item entered into the
1035	computation of a claimed credit, the taxpayer must notify the
1036	department by filing an amended return. The amount of any credit
1037	award not supported by the amended return shall be deemed a
1038	deficiency that must be remitted with the amended return and is
1039	subject to s. 220.23. The spaceflight business is also liable
1040	for a penalty equal to the credit claimed or transferred,
1041	reduced in proportion to the amount of the net operating loss
1042	certified for transfer which is disallowed over the amount of
1043	the net operating loss certified for the credit. The certified
1044	business and its successors must maintain all records necessary
1045	to support the reported net operating loss.
1046	(d)  The office may revoke or modify a certification
1047	granting eligibility for tax credits if it finds that the
1048	certified spaceflight business made a false statement or
1049	representation in any application, record, report, plan, or
1050	other document filed in an attempt to receive tax credits under
1051	this section. The office shall immediately notify the department
1052	of any revoked or modified orders affecting previously granted
1053	tax credits. The certified spaceflight business must also notify
1054	the department of any change in its claimed tax credit.
1055	(e)  The certified spaceflight business must file with the
1056	department an amended return or other report required by the
1057	department by rule and pay any required tax and interest within
1058	60 days after the certified business receives notification from
1059	the office that previously approved tax credits have been
1060	revoked or modified. If the revocation or modification order is
1061	contested, the spaceflight business must file the amended return
1062	or other report within 60 days after a final order is issued.
1063	(f)  The department may assess an additional tax, penalty,
1064	or interest pursuant to s. 95.091.
1065	(8)  RULES.-
1066	(a)  The office, in consultation with Space Florida, shall
1067	adopt rules to administer this section, including rules relating
1068	to application forms for credit approval and certification, and
1069	the application and certification procedures, guidelines, and
1070	requirements necessary to administer this section.
1071	(b)  The department may adopt rules to administer this
1072	section, including rules relating to:
1073	1.  The forms required to claim a tax credit under this
1074	section, the requirements and basis for establishing an
1075	entitlement to a credit, and the examination and audit
1076	procedures required to administer this section.
1077	2.  The implementation and administration of provisions
1078	allowing the transfer of a net operating loss as a tax credit,
1079	including rules that prescribe forms, reporting requirements,
1080	and specific procedures, guidelines, and requirements necessary
1081	to perform the transfer.
1082	3.  The minimum portion of the credit which is available
1083	for transfer.
1084	(9)  ANNUAL REPORT.-Beginning in 2014, the office, in
1085	cooperation with Space Florida and the department, shall submit
1086	an annual report summarizing activities relating to the Florida
1087	Space Business Incentives Act established under this section to
1088	the Governor, the President of the Senate, and the Speaker of
1089	the House of Representatives by each November 30.
1090	(10)  NONAPPLICABILITY.-This section does not apply to
1091	returns filed for any tax period before October 1, 2015.
1092	Section 17.  Effective January 1, 2012, section 220.195,
1093	Florida Statutes, is created to read:
1094	220.195  Emergency excise tax credit.-
1095	(1)  Beginning with taxable years ending in 2012, a
1096	taxpayer who has earned, but not yet taken, a credit for
1097	emergency excise tax paid under former s. 221.02 may take such
1098	credit against the tax imposed by this chapter.
1099	(2)  If a credit granted pursuant to this section is not
1100	fully used in taxable years ending in 2012 because of
1101	insufficient tax liability on the part of the taxpayer, the
1102	unused amount may be carried forward for a period not to exceed
1103	5 years. The carryover credit may be used in a subsequent year
1104	when the tax imposed by this chapter for such year exceeds the
1105	credit for such year, after applying the other credits and
1106	unused credit carryovers in the order provided in s. 220.02(8).
1107	Section 18.  Effective July 1, 2011, and applicable to
1108	taxable years beginning on or after January 1, 2012, section
1109	220.196, Florida Statutes, is created to read:
1110	220.196  Research and development tax credit.-
1111	(1)  DEFINITIONS.-As used in this section, the term:
1112	(a)  "Base amount" means the average of the business
1113	enterprise's qualified research expenses in this state allowed
1114	under 26 U.S.C. s. 41 for the 4 taxable years preceding the
1115	taxable year for which the credit is determined. The qualified
1116	research expenses taken into account in computing the base
1117	amount shall be determined on a basis consistent with the
1118	determination of qualified research expenses for the taxable
1119	year.
1120	(b)  "Business enterprise" means any corporation as defined
1121	in s. 220.03 which meets the definition of a target industry
1122	business as defined in s. 288.106.
1123	(c)  "Qualified research expenses" mean research expenses
1124	qualifying for the credit under 26 U.S.C. s. 41 for in-house
1125	research expenses incurred in this state or contract research
1126	expenses incurred in this state. The term does not include
1127	research conducted outside this state or research expenses that
1128	do not qualify for a credit under 26 U.S.C. s. 41.
1129	(2)  TAX CREDIT.-Subject to the limitations contained in
1130	paragraph (e), a business enterprise is eligible for a credit
1131	against the tax imposed by this chapter if the business
1132	enterprise has qualified research expenses in this state in the
1133	taxable year exceeding the base amount and, for the same taxable
1134	year, claims and is allowed a research credit for such qualified
1135	research expenses under 26 U.S.C. s. 41.
1136	(a)  The tax credit shall be 10 percent of the excess
1137	qualified research expenses over the base amount. However, the
1138	maximum tax credit for a business enterprise that has not been
1139	in existence for at least 4 taxable years immediately preceding
1140	the taxable year is reduced by 25 percent for each taxable year
1141	for which the business enterprise, or a predecessor corporation
1142	that was a business enterprise, did not exist.
1143	(b)  The credit taken in any taxable year may not exceed 50
1144	percent of the business enterprise's remaining net income tax
1145	liability under this chapter after all other credits have been
1146	applied under s. 220.02(8).
1147	(c)  Any unused credit authorized under this section may be
1148	carried forward and claimed by the taxpayer for up to 5 years.
1149	(d)  The combined total amount of tax credits which may be
1150	granted to all business enterprises under this section during
1151	any calendar year is $9 million. Applications may be filed with
1152	the department on or after March 20 for qualified research
1153	expenses incurred within the preceding calendar year, and
1154	credits shall be granted in the order in which completed
1155	applications are received.
1156	(3)  RECALCULATION OF CREDIT AMOUNT.-If the amount of
1157	qualified research expenses is reduced as a result of a federal
1158	audit or examination, the credit granted pursuant to this
1159	section must be recalculated. The taxpayer must file amended
1160	returns for all affected years pursuant to s. 220.23(2), and the
1161	taxpayer must pay to the department the difference between the
1162	initial credit amount taken and the recalculated credit amount
1163	with interest.
1164	(4)  RULES.-The department may adopt rules to administer
1165	this section, including, but not limited to, rules prescribing
1166	forms and application procedures and dates, and may establish
1167	guidelines for making an affirmative showing of qualification
1168	for a credit and any evidence needed to substantiate a claim for
1169	credit under this section.
1170	Section 19.  Effective January 1, 2012, subsection (4) of
1171	section 220.801, Florida Statutes, is amended to read:
1172	220.801  Penalties; failure to timely file returns.-
1173	(4)  The provisions of this section shall specifically
1174	apply to the notice of federal change required under s. 220.23,
1175	and to any tax returns required under chapter 221, relating to
1176	the emergency excise tax.
1177	Section 20.  Effective January 1, 2012, section 213.05,
1178	Florida Statutes, is amended to read:
1179	213.05  Department of Revenue; control and administration
1180	of revenue laws.-The Department of Revenue shall have only those
1181	responsibilities for ad valorem taxation specified to the
1182	department in chapter 192, taxation, general provisions; chapter
1183	193, assessments; chapter 194, administrative and judicial
1184	review of property taxes; chapter 195, property assessment
1185	administration and finance; chapter 196, exemption; chapter 197,
1186	tax collections, sales, and liens; chapter 199, intangible
1187	personal property taxes; and chapter 200, determination of
1188	millage. The Department of Revenue shall have the responsibility
1189	of regulating, controlling, and administering all revenue laws
1190	and performing all duties as provided in s. 125.0104, the Local
1191	Option Tourist Development Act; s. 125.0108, tourist impact tax;
1192	chapter 198, estate taxes; chapter 201, excise tax on documents;
1193	chapter 202, communications services tax; chapter 203, gross
1194	receipts taxes; chapter 206, motor and other fuel taxes; chapter
1195	211, tax on production of oil and gas and severance of solid
1196	minerals; chapter 212, tax on sales, use, and other
1197	transactions; chapter 220, income tax code; chapter 221,
1198	emergency excise tax; ss. 336.021 and 336.025, taxes on motor
1199	fuel and special fuel; s. 376.11, pollutant spill prevention and
1200	control; s. 403.718, waste tire fees; s. 403.7185, lead-acid
1201	battery fees; s. 538.09, registration of secondhand dealers; s.
1202	538.25, registration of secondary metals recyclers; s. 624.4621,
1203	group self-insurer's fund premium tax; s. 624.5091, retaliatory
1204	tax; s. 624.475, commercial self-insurance fund premium tax; ss.
1205	624.509-624.511, insurance code: administration and general
1206	provisions; s. 624.515, State Fire Marshal regulatory
1207	assessment; s. 627.357, medical malpractice self-insurance
1208	premium tax; s. 629.5011, reciprocal insurers premium tax; and
1209	s. 681.117, motor vehicle warranty enforcement.
1210	Section 21.  Paragraph (dd) is added to subsection (8) of
1211	section 213.053, Florida Statutes, as amended by chapter 2010-
1212	280, Laws of Florida, and effective January 1, 2012, subsection
1213	(1) and paragraph (k) of subsection (8) of that section are
1214	amended, to read:
1215	213.053  Confidentiality and information sharing.-
1216	(1)  This section applies to:
1217	(a)  Section 125.0104, county government;
1218	(b)  Section 125.0108, tourist impact tax;
1219	(c)  Chapter 175, municipal firefighters' pension trust
1220	funds;
1221	(d)  Chapter 185, municipal police officers' retirement
1222	trust funds;
1223	(e)  Chapter 198, estate taxes;
1224	(f)  Chapter 199, intangible personal property taxes;
1225	(g)  Chapter 201, excise tax on documents;
1226	(h)  Chapter 202, the Communications Services Tax
1227	Simplification Law;
1228	(i)  Chapter 203, gross receipts taxes;
1229	(j)  Chapter 211, tax on severance and production of
1230	minerals;
1231	(k)  Chapter 212, tax on sales, use, and other
1232	transactions;
1233	(l)  Chapter 220, income tax code;
1234	(m)  Chapter 221, emergency excise tax;
1235	(m)(n)  Section 252.372, emergency management,
1236	preparedness, and assistance surcharge;
1237	(n)(o)  Section 379.362(3), Apalachicola Bay oyster
1238	surcharge;
1239	(o)(p)  Chapter 376, pollutant spill prevention and
1240	control;
1241	(p)(q)  Section 403.718, waste tire fees;
1242	(q)(r)  Section 403.7185, lead-acid battery fees;
1243	(r)(s)  Section 538.09, registration of secondhand dealers;
1244	(s)(t)  Section 538.25, registration of secondary metals
1245	recyclers;
1246	(t)(u)  Sections 624.501 and 624.509-624.515, insurance
1247	code;
1248	(u)(v)  Section 681.117, motor vehicle warranty
1249	enforcement; and
1250	(v)(w)  Section 896.102, reports of financial transactions
1251	in trade or business.
1252	(8)  Notwithstanding any other provision of this section,
1253	the department may provide:
1254	(k)1.  Payment information relative to chapters 199, 201,
1255	202, 212, 220, 221, and 624 and former chapter 221 to the Office
1256	of Tourism, Trade, and Economic Development, or its employees or
1257	agents that are identified in writing by the office to the
1258	department, in the administration of the tax refund program for
1259	qualified defense contractors and space flight business
1260	contractors authorized by s. 288.1045 and the tax refund program
1261	for qualified target industry businesses authorized by s.
1262	288.106.
1263	2.  Information relative to tax credits taken by a business
1264	under s. 220.191 and exemptions or tax refunds received by a
1265	business under s. 212.08(5)(j) to the Office of Tourism, Trade,
1266	and Economic Development, or its employees or agents that are
1267	identified in writing by the office to the department, in the
1268	administration and evaluation of the capital investment tax
1269	credit program authorized in s. 220.191 and the semiconductor,
1270	defense, and space tax exemption program authorized in s.
1271	212.08(5)(j).
1272	3.  Information relative to tax credits taken by a taxpayer
1273	pursuant to the tax credit programs created in ss. 193.017;
1274	212.08(5)(g),(h),(n),(o) and (p); 212.08(15); 212.096; 212.097;
1275	212.098; 220.181; 220.182; 220.183; 220.184; 220.1845; 220.185;
1276	220.1895; 220.19; 220.191; 220.192; 220.193; 288.0656; 288.99;
1277	290.007; 376.30781; 420.5093; 420.5099; 550.0951; 550.26352;
1278	550.2704; 601.155; 624.509; 624.510; 624.5105; and 624.5107 to
1279	the Office of Tourism, Trade, and Economic Development, or its
1280	employees or agents that are identified in writing by the office
1281	to the department, for use in the administration or evaluation
1282	of such programs.
1283	4.  Information relative to single sales factor
1284	apportionment used by a taxpayer to the Office of Tourism,
1285	Trade, and Economic Development or its employees or agents who
1286	are identified in writing by the office to the department for
1287	use by the office to administer s. 220.153.
1288	(dd)  Information relating to tax credits taken under s.
1289	220.194 to the Office of Tourism, Trade, and Economic
1290	Development or to Space Florida.
1291
1292	Disclosure of information under this subsection shall be
1293	pursuant to a written agreement between the executive director
1294	and the agency. Such agencies, governmental or nongovernmental,
1295	shall be bound by the same requirements of confidentiality as
1296	the Department of Revenue. Breach of confidentiality is a
1297	misdemeanor of the first degree, punishable as provided by s.
1298	775.082 or s. 775.083.
1299	Section 22.  Effective January 1, 2012, subsection (12) of
1300	section 213.255, Florida Statutes, is amended to read:
1301	213.255  Interest.-Interest shall be paid on overpayments
1302	of taxes, payment of taxes not due, or taxes paid in error,
1303	subject to the following conditions:
1304	(12)  The rate of interest shall be the adjusted rate
1305	established pursuant to s. 213.235, except that the annual rate
1306	of interest shall never be greater than 11 percent. This annual
1307	rate of interest shall be applied to all refunds of taxes
1308	administered by the department except for corporate income taxes
1309	and emergency excise taxes governed by ss. 220.721 and 220.723.
1310	Section 23.  Effective January 1, 2012, chapter 221,
1311	Florida Statutes, consisting of sections 221.01, 221.02, 221.04,
1312	and 221.05, is repealed.
1313	Section 24.  Effective January 1, 2012, paragraph (a) of
1314	subsection (6) of section 288.075, Florida Statutes, is amended
1315	to read:
1316	288.075  Confidentiality of records.-
1317	(6)  ECONOMIC INCENTIVE PROGRAMS.-
1318	(a)  The following information held by an economic
1319	development agency pursuant to the administration of an economic
1320	incentive program for qualified businesses is confidential and
1321	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
1322	Constitution for a period not to exceed the duration of the
1323	incentive agreement, including an agreement authorizing a tax
1324	refund or tax credit, or upon termination of the incentive
1325	agreement:
1326	1.  The percentage of the business's sales occurring
1327	outside this state and, for businesses applying under s.
1328	288.1045, the percentage of the business's gross receipts
1329	derived from Department of Defense contracts during the 5 years
1330	immediately preceding the date the business's application is
1331	submitted.
1332	2.  The anticipated wages for the project jobs that the
1333	business plans to create, as reported on the application for
1334	certification.
1335	3.  The average wage actually paid by the business for
1336	those jobs created by the project or an employee's personal
1337	identifying information which is held as evidence of the
1338	achievement or nonachievement of the wage requirements of the
1339	tax refund, tax credit, or incentive agreement programs or of
1340	the job creation requirements of such programs.
1341	4.  The amount of:
1342	a.  Taxes on sales, use, and other transactions paid
1343	pursuant to chapter 212;
1344	b.  Corporate income taxes paid pursuant to chapter 220;
1345	c.  Intangible personal property taxes paid pursuant to
1346	chapter 199;
1347	d.  Emergency excise taxes paid pursuant to chapter 221;
1348	d.e.  Insurance premium taxes paid pursuant to chapter 624;
1349	e.f.  Excise taxes paid on documents pursuant to chapter
1350	201;
1351	f.g.  Ad valorem taxes paid, as defined in s. 220.03(1); or
1352	g.h.  State communications services taxes paid pursuant to
1353	chapter 202.
1354	Section 25.  Paragraph (c) of subsection (2) of section
1355	288.1045, Florida Statutes, and effective January 1, 2012,
1356	paragraph (f) of that subsection, are amended to read:
1357	288.1045  Qualified defense contractor and space flight
1358	business tax refund program.-
1359	(2)  GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.-
1360	(c)  A qualified applicant may not receive more than $7 $5
1361	million in tax refunds pursuant to this section in all fiscal
1362	years.
1363	(f)  After entering into a tax refund agreement pursuant to
1364	subsection (4), a qualified applicant may:
1365	1.  Receive refunds from the account for corporate income
1366	taxes due and paid pursuant to chapter 220 by that business
1367	beginning with the first taxable year of the business which
1368	begins after entering into the agreement.
1369	2.  Receive refunds from the account for the following
1370	taxes due and paid by that business after entering into the
1371	agreement:
1372	a.  Taxes on sales, use, and other transactions paid
1373	pursuant to chapter 212.
1374	b.  Intangible personal property taxes paid pursuant to
1375	chapter 199.
1376	c.  Emergency excise taxes paid pursuant to chapter 221.
1377	c.d.  Excise taxes paid on documents pursuant to chapter
1378	201.
1379	d.e.  Ad valorem taxes paid, as defined in s. 220.03(1)(a)
1380	on June 1, 1996.
1381	e.f.  State communications services taxes administered
1382	under chapter 202. This provision does not apply to the gross
1383	receipts tax imposed under chapter 203 and administered under
1384	chapter 202 or the local communications services tax authorized
1385	under s. 202.19.
1386
1387	However, a qualified applicant may not receive a tax refund
1388	pursuant to this section for any amount of credit, refund, or
1389	exemption granted such contractor for any of such taxes. If a
1390	refund for such taxes is provided by the office, which taxes are
1391	subsequently adjusted by the application of any credit, refund,
1392	or exemption granted to the qualified applicant other than that
1393	provided in this section, the qualified applicant shall
1394	reimburse the Economic Development Trust Fund for the amount of
1395	such credit, refund, or exemption. A qualified applicant must
1396	notify and tender payment to the office within 20 days after
1397	receiving a credit, refund, or exemption, other than that
1398	provided in this section. The addition of communications
1399	services taxes administered under chapter 202 is remedial in
1400	nature and retroactive to October 1, 2001. The office may make
1401	supplemental tax refund payments to allow for tax refunds for
1402	communications services taxes paid by an eligible qualified
1403	defense contractor after October 1, 2001.
1404	Section 26.  Paragraph (c) of subsection (3) of section
1405	288.106, Florida Statutes, and effective January 1, 2012,
1406	paragraph (d) of that subsection, are amended to read:
1407	288.106  Tax refund program for qualified target industry
1408	businesses.-
1409	(3)  TAX REFUND; ELIGIBLE AMOUNTS.-
1410	(c)  A qualified target industry business may not receive
1411	refund payments of more than 25 percent of the total tax refunds
1412	specified in the tax refund agreement under subparagraph
1413	(5)(a)1. in any fiscal year. Further, a qualified target
1414	industry business may not receive more than $1.5 million in
1415	refunds under this section in any single fiscal year, or more
1416	than $2.5 million in any single fiscal year if the project is
1417	located in an enterprise zone. A qualified target industry
1418	business may not receive more than $7 $5 million in refund
1419	payments under this section in all fiscal years, or more than
1420	$7.5 million if the project is located in an enterprise zone.
1421	(d)  After entering into a tax refund agreement under
1422	subsection (5), a qualified target industry business may:
1423	1.  Receive refunds from the account for the following
1424	taxes due and paid by that business beginning with the first
1425	taxable year of the business that begins after entering into the
1426	agreement:
1427	a.  Corporate income taxes under chapter 220.
1428	b.  Insurance premium tax under s. 624.509.
1429	2.  Receive refunds from the account for the following
1430	taxes due and paid by that business after entering into the
1431	agreement:
1432	a.  Taxes on sales, use, and other transactions under
1433	chapter 212.
1434	b.  Intangible personal property taxes under chapter 199.
1435	c.  Emergency excise taxes under chapter 221.
1436	c.d.  Excise taxes on documents under chapter 201.
1437	d.e.  Ad valorem taxes paid, as defined in s. 220.03(1).
1438	e.f.  State communications services taxes administered
1439	under chapter 202. This provision does not apply to the gross
1440	receipts tax imposed under chapter 203 and administered under
1441	chapter 202 or the local communications services tax authorized
1442	under s. 202.19.
1443	Section 27.  Paragraphs (b), (h), and (i) of subsection
1444	(1), paragraphs (c) and (e) of subsection (3), paragraph (b) of
1445	subsection (4), paragraph (c) of subsection (5), paragraph (a)
1446	of subsection (7), and subsection (10) of section 288.1254,
1447	Florida Statutes, are amended, and paragraphs (k), (l), (m),
1448	(n), and (o) are added to subsection (1) of that section, to
1449	read:
1450	288.1254  Entertainment industry financial incentive
1451	program.-
1452	(1)  DEFINITIONS.-As used in this section, the term:
1453	(b)  "Digital media project" means a production of
1454	interactive entertainment that is produced for distribution in
1455	commercial or educational markets. The term includes a video
1456	game or production intended for Internet or wireless
1457	distribution. The term does not include a production that
1458	contains deemed by the Office of Film and Entertainment to
1459	contain obscene content as defined in s. 847.001(10).
1460	(f)  "Production" means a theatrical or direct-to-video
1461	motion picture; a made-for-television motion picture; visual
1462	effects or digital animation sequences produced in conjunction
1463	with a motion picture; a commercial; a music video; an
1464	industrial or educational film; an infomercial; a documentary
1465	film; a television pilot program; a presentation for a
1466	television pilot program; a television series, including, but
1467	not limited to, a drama, a reality show, a comedy, a soap opera,
1468	a telenovela, a game show, an awards show, or a miniseries
1469	production; or a digital media project by the entertainment
1470	industry. One season of a television series is considered one
1471	production. The term does not include a weather or market
1472	program; a sporting event; a sports show; a gala; a production
1473	that solicits funds; a home shopping program; a political
1474	program; a political documentary; political advertising; a
1475	gambling-related project or production; a concert production; or
1476	a local, regional, or Internet-distributed-only news show,
1477	current-events show, pornographic production, or current-affairs
1478	show. A production may be produced on or by film, tape, or
1479	otherwise by means of a motion picture camera; electronic camera
1480	or device; tape device; computer; any combination of the
1481	foregoing; or any other means, method, or device.
1482	(h)  "Qualified expenditures" means production expenditures
1483	incurred in this state by a qualified production for:
1484	1.  Goods purchased or leased from, or services, including,
1485	but not limited to, insurance costs and bonding, payroll
1486	services, and legal fees, which are provided by, a vendor or
1487	supplier in this state that is registered with the Department of
1488	State or the Department of Revenue, has a physical location in
1489	this state, and employs one or more legal residents of this
1490	state. This does not include re-billed goods or services
1491	provided by an in-state company from out-of-state vendors or
1492	suppliers. When services are provided by the vendor or supplier
1493	include personal services or labor, only personal services or
1494	labor provided by residents of this state, evidenced by the
1495	required documentation of residency in this state, qualify.
1496	2.  Payments to legal residents of this state in the form
1497	of salary, wages, or other compensation up to a maximum of
1498	$400,000 per resident unless otherwise specified in subsection
1499	(4). A completed declaration of residency in this state must
1500	accompany the documentation submitted to the office for
1501	reimbursement.
1502
1503	For a qualified production involving an event, such as an awards
1504	show, the term does not include expenditures solely associated
1505	with the event itself and not directly required by the
1506	production. The term does not include expenditures incurred
1507	before certification, with the exception of those incurred for a
1508	commercial, a music video, or the pickup of additional episodes
1509	of a high-impact television series within a single season. Under
1510	no circumstances may the qualified production include in the
1511	calculation for qualified expenditures the original purchase
1512	price for equipment or other tangible property that is later
1513	sold or transferred by the qualified production for
1514	consideration. In such cases, the qualified expenditure is the
1515	net of the original purchase price minus the consideration
1516	received upon sale or transfer.
1517	(i)  "Qualified production" means a production in this
1518	state meeting the requirements of this section. The term does
1519	not include a production:
1520	1.  In which, for the first 2 years of the incentive
1521	program, less than 50 percent, and thereafter, less than 60
1522	percent, of the positions that make up its production cast and
1523	below-the-line production crew, or, in the case of digital media
1524	projects, less than 75 percent of such positions, are filled by
1525	legal residents of this state, whose residency is demonstrated
1526	by a valid Florida driver's license or other state-issued
1527	identification confirming residency, or students enrolled full-
1528	time in a film-and-entertainment-related course of study at an
1529	institution of higher education in this state; or
1530	2.  That contains is deemed by the Office of Film and
1531	Entertainment to contain obscene content as defined in s.
1532	847.001(10).
1533	(k)  "Qualified digital media production facility" means a
1534	building or series of buildings and their improvements in which
1535	data processing, visualization, and sound synchronization
1536	technologies are regularly applied for the production of
1537	qualified digital media projects or the digital animation
1538	components of qualified productions.
1539	(l)  "Qualified production facility" means a building or
1540	complex of buildings and their improvements and associated
1541	backlot facilities in which regular filming activity for film or
1542	television has occurred for a period of no less than one year
1543	and which contain at least one sound stage of at least 7,800
1544	square feet.
1545	(m)  "Regional population ratio" means the ratio of the
1546	population of a region to the population of this state. The
1547	regional population ratio applicable to a given fiscal year is
1548	the regional population ratio calculated by the Office of Film
1549	and Entertainment using the latest official estimates of
1550	population certified under s. 186.901, available on the first
1551	day of that fiscal year.
1552	(n)  "Regional tax credit ratio" means a ratio the
1553	numerator of which is the sum of tax credits awarded to
1554	productions in a region to date plus the tax credits certified,
1555	but not yet awarded, to productions currently in that region and
1556	the denominator of which is the sum of all tax credits awarded
1557	in the state to date plus all tax credits certified, but not yet
1558	awarded, to productions currently in the state. The regional tax
1559	credit ratio applicable to a given year is the regional tax
1560	credit ratio calculated by the Office of Film and Entertainment
1561	using credit award and certification information available on
1562	the first day of that fiscal year.
1563	(o)  "Underutilized region" for a given state fiscal year
1564	means a region with a regional tax credit ratio applicable to
1565	that fiscal year that is lower than its regional population
1566	ratio applicable to that fiscal year. The following regions are
1567	established for purposes of making this determination:
1568	1.  North Region, consisting of Alachua, Baker, Bay,
1569	Bradford, Calhoun, Clay, Columbia, Dixie, Duval, Escambia,
1570	Franklin, Gadsden, Gilchrist, Gulf, Hamilton, Holmes, Jackson,
1571	Jefferson, Lafayette, Leon, Levy, Liberty, Madison, Nassau,
1572	Okaloosa, Putnam, Santa Rosa, St. Johns, Suwannee, Taylor,
1573	Union, Wakulla, Walton, and Washington counties.
1574	2.  Central East Region, consisting of Brevard, Flagler,
1575	Indian River, Lake, Okeechobee, Orange, Osceola, Seminole, St.
1576	Lucie, and Volusia counties.
1577	3.  Central West Region, consisting of Citrus, Hernando,
1578	Hillsborough, Manatee, Marion, Polk, Pasco, Pinellas, Sarasota,
1579	and Sumter counties.
1580	4.  Southwest Region, consisting of Charlotte, Collier,
1581	DeSoto, Glades, Hardee, Hendry, Highlands, and Lee counties.
1582	5.  Southeast Region, consisting of Broward, Martin, Miami-
1583	Dade, Monroe, and Palm Beach counties.
1584	(3)  APPLICATION PROCEDURE; APPROVAL PROCESS.-
1585	(c)  Application process.-The Office of Film and
1586	Entertainment shall establish a process by which an application
1587	is accepted and reviewed and by which tax credit eligibility and
1588	award amount are determined. The Office of Film and
1589	Entertainment may request assistance from a duly appointed local
1590	film commission in determining compliance with this section. A
1591	certified high-impact television series may submit an initial
1592	application for no more than two successive seasons,
1593	notwithstanding the fact that the successive seasons have not
1594	been ordered. The successive season's qualified expenditure
1595	amounts shall be based on the current season's estimated
1596	qualified expenditures. Upon the completion of production of
1597	each season, a high-impact television series may submit an
1598	application for no more than one additional season.
1599	(e)  Grounds for denial.-The Office of Film and
1600	Entertainment shall deny an application if it determines that
1601	the application is not complete or the production or application
1602	does not meet the requirements of this section. Within 90 days
1603	after submitting a program application, except with respect to
1604	applications in the independent and emerging media queue, a
1605	production must provide proof of project financing to the Office
1606	of Film and Entertainment, otherwise the project is deemed
1607	denied and withdrawn. A project that has been withdrawn may
1608	submit a new application upon providing the Office of Film and
1609	Entertainment proof of financing.
1610	(4)  TAX CREDIT ELIGIBILITY; TAX CREDIT AWARDS; QUEUES;
1611	ELECTION AND DISTRIBUTION; CARRYFORWARD; CONSOLIDATED RETURNS;
1612	PARTNERSHIP AND NONCORPORATE DISTRIBUTIONS; MERGERS AND
1613	ACQUISITIONS.-
1614	(b)  Tax credit eligibility.-
1615	1.  General production queue.-Ninety-four percent of tax
1616	credits authorized pursuant to subsection (6) in any state
1617	fiscal year must be dedicated to the general production queue.
1618	The general production queue consists of all qualified
1619	productions other than those eligible for the commercial and
1620	music video queue or the independent and emerging media
1621	production queue. A qualified production that demonstrates a
1622	minimum of $625,000 in qualified expenditures is eligible for
1623	tax credits equal to 20 percent of its actual qualified
1624	expenditures, up to a maximum of $8 million. A qualified
1625	production that incurs qualified expenditures during multiple
1626	state fiscal years may combine those expenditures to satisfy the
1627	$625,000 minimum threshold.
1628	a.  An off-season certified production that is a feature
1629	film, independent film, or television series or pilot is
1630	eligible for an additional 5-percent tax credit on actual
1631	qualified expenditures. An off-season certified production that
1632	does not complete 75 percent of principal photography due to a
1633	disruption caused by a hurricane or tropical storm may not be
1634	disqualified from eligibility for the additional 5-percent
1635	credit as a result of the disruption.
1636	b.  If more than 25 percent of the sum of total tax credits
1637	awarded to productions after July 1, 2010, and total tax credits
1638	certified, but not yet awarded, to productions currently in this
1639	state has been awarded for television series, then no television
1640	series or pilot shall be eligible for tax credits under this
1641	subparagraph.
1642	c.  The calculations required by this sub-subparagraph
1643	shall use only credits available to be certified and awarded on
1644	or after July 1, 2011.
1645	(I)  If the provisions of sub-subparagraph b. are not
1646	applicable and less than 25 percent of the sum of the total tax
1647	credits awarded to productions and the total tax credits
1648	certified, but not yet awarded, to productions currently in this
1649	state has been to high-impact television series, any A qualified
1650	high-impact television series shall be allowed first position in
1651	this queue for tax credit awards not yet certified.
1652	(II)  If less than 20 percent of the sum of the total tax
1653	credits awarded to productions and the total tax credits
1654	certified, but not yet awarded, to productions currently in this
1655	state has been to digital media projects, any digital media
1656	project with qualified expenditures of greater than $4,500,000
1657	shall be allowed first position in this queue for tax credit
1658	awards not yet certified.
1659	(III)  For the purposes of determining position between a
1660	high-impact television series allowed first position and a
1661	digital media project allowed first position under this sub-
1662	subparagraph, tax credits shall be awarded on a first-come,
1663	first-served basis.
1664	d.  A qualified production that incurs at least 85 percent
1665	of its qualified expenditures within a region designated as an
1666	underutilized region at the time that the production is
1667	certified is eligible for an additional 5 percent tax credit.
1668	e.  Any qualified production that employs students enrolled
1669	full-time in a film and entertainment-related or digital media-
1670	related course of study at an institution of higher education in
1671	this state is eligible for an additional 15 percent tax credit
1672	on qualified expenditures that are wages, salaries, or other
1673	compensation paid to such students. The additional 15 percent
1674	tax credit shall also be applicable to persons hired within 12
1675	months of graduating from a film and entertainment-related or
1676	digital media-related course of study at an institution of
1677	higher education in this state. The additional 15 percent tax
1678	credit shall apply to qualified expenditures that are wages,
1679	salaries, or other compensation paid to such recent graduates
1680	for one year from the date of hiring.
1681	f.  A qualified production for which 50 percent or more of
1682	its principal photography occurs at a qualified production
1683	facility, or a qualified digital media project or the digital
1684	animation component of a qualified production for which 50
1685	percent or more of the project's or component's qualified
1686	expenditures are related to a qualified digital media production
1687	facility shall be eligible for an additional 5 percent tax
1688	credit on actual qualified expenditures for production activity
1689	at that facility.
1690	g.  No qualified production shall be eligible for tax
1691	credits provided under this paragraph totaling more than 30
1692	percent of its actual qualified expenses.
1693	2.  Commercial and music video queue.-Three percent of tax
1694	credits authorized pursuant to subsection (6) in any state
1695	fiscal year must be dedicated to the commercial and music video
1696	queue. A qualified production company that produces national or
1697	regional commercials or music videos may be eligible for a tax
1698	credit award if it demonstrates a minimum of $100,000 in
1699	qualified expenditures per national or regional commercial or
1700	music video and exceeds a combined threshold of $500,000 after
1701	combining actual qualified expenditures from qualified
1702	commercials and music videos during a single state fiscal year.
1703	After a qualified production company that produces commercials,
1704	music videos, or both reaches the threshold of $500,000, it is
1705	eligible to apply for certification for a tax credit award. The
1706	maximum credit award shall be equal to 20 percent of its actual
1707	qualified expenditures up to a maximum of $500,000. If there is
1708	a surplus at the end of a fiscal year after the Office of Film
1709	and Entertainment certifies and determines the tax credits for
1710	all qualified commercial and video projects, such surplus tax
1711	credits shall be carried forward to the following fiscal year
1712	and be available to any eligible qualified productions under the
1713	general production queue.
1714	3.  Independent and emerging media production queue.-Three
1715	percent of tax credits authorized pursuant to subsection (6) in
1716	any state fiscal year must be dedicated to the independent and
1717	emerging media production queue. This queue is intended to
1718	encourage Florida independent film and emerging media
1719	production. Any qualified production, excluding commercials,
1720	infomercials, or music videos, that demonstrates at least
1721	$100,000, but not more than $625,000, in total qualified
1722	expenditures is eligible for tax credits equal to 20 percent of
1723	its actual qualified expenditures. If a surplus exists at the
1724	end of a fiscal year after the Office of Film and Entertainment
1725	certifies and determines the tax credits for all qualified
1726	independent and emerging media production projects, such surplus
1727	tax credits shall be carried forward to the following fiscal
1728	year and be available to any eligible qualified productions
1729	under the general production queue.
1730	4.  Family-friendly productions.-A certified theatrical or
1731	direct-to-video motion picture production or video game
1732	determined by the Commissioner of Film and Entertainment, with
1733	the advice of the Florida Film and Entertainment Advisory
1734	Council, to be family-friendly, based on the review of the
1735	script and the review of the final release version, is eligible
1736	for an additional tax credit equal to 5 percent of its actual
1737	qualified expenditures. Family-friendly productions are those
1738	that have cross-generational appeal; would be considered
1739	suitable for viewing by children age 5 or older; are appropriate
1740	in theme, content, and language for a broad family audience;
1741	embody a responsible resolution of issues; and do not exhibit or
1742	imply any act of smoking, sex, nudity, or vulgar or profane
1743	language.
1744	(5)  TRANSFER OF TAX CREDITS.-
1745	(c)  Transferee rights and limitations.-The transferee is
1746	subject to the same rights and limitations as the certified
1747	production company awarded the tax credit, except that the
1748	initial transferee shall be permitted a one-time transfer of
1749	unused credits to no more than two subsequent transferees, and
1750	such transfers must occur in the same taxable year as the
1751	credits were received by the initial transferee, after which the
1752	subsequent transferees may not sell or otherwise transfer the
1753	tax credit.
1754	(7)  ANNUAL ALLOCATION OF TAX CREDITS.-
1755	(a)  The aggregate amount of the tax credits that may be
1756	certified pursuant to paragraph (3)(d) may not exceed:
1757	1.  For fiscal year 2010-2011, $53.5 million.
1758	2.  For fiscal year 2011-2012, $74.5 million.
1759	3.  For fiscal years 2012-2013, 2013-2014, and 2014-2015,
1760	$42 $38 million per fiscal year.
1761	(10)  ANNUAL REPORT.-Each October 1, the Office of Film and
1762	Entertainment shall provide an annual report for the previous
1763	fiscal year to the Governor, the President of the Senate, and
1764	the Speaker of the House of Representatives which outlines the
1765	return on investment and economic benefits to the state. The
1766	report shall also include an estimate of the full-time
1767	equivalent positions created by each production that received
1768	tax credits under s. 288.1254 and information relating to the
1769	distribution of productions receiving credits by geographic
1770	region and type of production.
1771	Section 28.  Subsection (5) of section 288.1258, Florida
1772	Statutes, is amended to read:
1773	288.1258  Entertainment industry qualified production
1774	companies; application procedure; categories; duties of the
1775	Department of Revenue; records and reports.-
1776	(5)  RELATIONSHIP OF TAX EXEMPTIONS AND INCENTIVES TO
1777	INDUSTRY GROWTH; REPORT TO THE LEGISLATURE.-The Office of Film
1778	and Entertainment shall keep annual records from the information
1779	provided on taxpayer applications for tax exemption certificates
1780	beginning January 1, 2001. These records shall reflect a ratio
1781	of the annual amount of sales and use tax exemptions under this
1782	section and incentives awarded pursuant to s. 288.1254 to the
1783	estimated amount of funds expended by certified productions,
1784	including productions that received incentives pursuant to s.
1785	288.1254. These records also shall reflect a separate ratio of
1786	the annual amount of sales and use tax exemptions under this
1787	section, plus the incentives awarded pursuant to s. 288.1254 to
1788	the estimated amount of funds expended by certified productions.
1789	In addition, the office shall maintain data showing annual
1790	growth in Florida-based entertainment industry companies and
1791	entertainment industry employment and wages. The employment
1792	information shall include an estimate of the full-time
1793	equivalent positions created by each production that received
1794	tax credits pursuant to s. 288.1254. The Office of Film and
1795	Entertainment shall report this information to the Legislature
1796	no later than December 1 of each year.
1797	Section 29.  Effective January 1, 2012, paragraph (d) is
1798	added to subsection (6) of section 290.0055, Florida Statutes,
1799	to read:
1800	290.0055  Local nominating procedure.-
1801	(6)
1802	(d)1.  The governing body of a jurisdiction which has
1803	nominated an application for an enterprise zone that is no
1804	larger than 12 square miles and includes a portion of the state
1805	designated as a rural area of critical economic concern under s.
1806	288.0656(7) may apply to the Office of Tourism, Trade, and
1807	Economic Development to expand the boundary of the enterprise
1808	zone by not more than 3 square miles. An application to expand
1809	the boundary of an enterprise zone under this paragraph must be
1810	submitted by December 31, 2012.
1811	2.  Notwithstanding the area limitations specified in
1812	subsection (4), the Office of Tourism, Trade, and Economic
1813	Development may approve the request for a boundary amendment if
1814	the area continues to satisfy the remaining requirements of this
1815	section.
1816	3.  The Office of Tourism, Trade, and Economic Development
1817	shall establish the initial effective date of an enterprise zone
1818	designated under this paragraph.
1819	Section 30.  Effective January 1, 2012, section 290.00726,
1820	Florida Statutes, is created to read:
1821	290.00726  Enterprise zone designation for Martin County.-
1822	Martin County may apply to the Office of Tourism, Trade, and
1823	Economic Development for designation of one enterprise zone for
1824	an area within Martin County, which zone shall encompass an area
1825	of up to 10 square miles consisting of land within the primary
1826	urban services boundary and focusing on Indiantown, but
1827	excluding property owned by Florida Power and Light to the west,
1828	two areas to the north designated as estate residential, and the
1829	county-owned Timer Powers Recreational Area. Within the
1830	designated enterprise zone, Martin County shall exempt
1831	residential condominiums from benefiting from state enterprise
1832	zone incentives, unless prohibited by law. The application must
1833	have been submitted by December 31, 2011, and must comply with
1834	the requirements of s. 290.0055. Notwithstanding s. 290.0065
1835	limiting the total number of enterprise zones designated and the
1836	number of enterprise zones within a population category, the
1837	Office of Tourism, Trade, and Economic Development may designate
1838	one enterprise zone under this section. The Office of Tourism,
1839	Trade, and Economic Development shall establish the initial
1840	effective date of the enterprise zone designated under this
1841	section.
1842	Section 31.  Section 290.00727, Florida Statutes, is
1843	created to read:
1844	290.00727  Enterprise zone designation for the City of Palm
1845	Bay.-The City of Palm Bay may apply to the Office of Tourism,
1846	Trade, and Economic Development for designation of one
1847	enterprise zone for an area within the northeast portion of the
1848	city, which zone shall encompass an area of up to 5 square
1849	miles. The application must have been submitted by December 31,
1850	2011, and must comply with the requirements of s. 290.0055.
1851	Notwithstanding s. 290.0065 limiting the total number of
1852	enterprise zones designated and the number of enterprise zones
1853	within a population category, the Office of Tourism, Trade, and
1854	Economic Development may designate one enterprise zone under
1855	this section. The Office of Tourism, Trade, and Economic
1856	Development shall establish the initial effective date of the
1857	enterprise zone designated under this section.
1858	Section 32.  Section 290.00728, Florida Statutes, is
1859	created to read:
1860	290.00728  Enterprise zone designation for Lake County.-
1861	Lake County may apply to the Office of Tourism, Trade, and
1862	Economic Development for designation of one enterprise zone,
1863	which zone shall encompass an area of up to 10 square miles
1864	within Lake County. The application must have been submitted by
1865	December 31, 2011, and must comply with the requirements of s.
1866	290.0055. Notwithstanding s. 290.0065 limiting the total number
1867	of enterprise zones designated and the number of enterprise
1868	zones within a population category, the Office of Tourism,
1869	Trade, and Economic Development may designate one enterprise
1870	zone under this section. The Office of Tourism, Trade, and
1871	Economic Development shall establish the initial effective date
1872	of the enterprise zone designated under this section.
1873	Section 33.  Effective January 1, 2012, subsection (1) of
1874	section 334.30, Florida Statutes, is amended to read:
1875	334.30  Public-private transportation facilities.-The
1876	Legislature finds and declares that there is a public need for
1877	the rapid construction of safe and efficient transportation
1878	facilities for the purpose of traveling within the state, and
1879	that it is in the public's interest to provide for the
1880	construction of additional safe, convenient, and economical
1881	transportation facilities.
1882	(1)  The department may receive or solicit proposals and,
1883	with legislative approval as evidenced by approval of the
1884	project in the department's work program, enter into agreements
1885	with private entities, or consortia thereof, for the building,
1886	operation, ownership, or financing of transportation facilities.
1887	The department may advance projects programmed in the adopted 5-
1888	year work program or projects increasing transportation capacity
1889	and greater than $500 million in the 10-year Strategic
1890	Intermodal Plan using funds provided by public-private
1891	partnerships or private entities to be reimbursed from
1892	department funds for the project as programmed in the adopted
1893	work program. The department shall by rule establish an
1894	application fee for the submission of unsolicited proposals
1895	under this section. The fee must be sufficient to pay the costs
1896	of evaluating the proposals. The department may engage the
1897	services of private consultants to assist in the evaluation.
1898	Before approval, the department must determine that the proposed
1899	project:
1900	(a)  Is in the public's best interest;
1901	(b)  Would not require state funds to be used unless the
1902	project is on the State Highway System;
1903	(c)  Would have adequate safeguards in place to ensure that
1904	no additional costs or service disruptions would be realized by
1905	the traveling public and residents of the state in the event of
1906	default or cancellation of the agreement by the department;
1907	(d)  Would have adequate safeguards in place to ensure that
1908	the department or the private entity has the opportunity to add
1909	capacity to the proposed project and other transportation
1910	facilities serving similar origins and destinations; and
1911	(e)  Would be owned by the department upon completion or
1912	termination of the agreement.
1913
1914	The department shall ensure that all reasonable costs to the
1915	state, related to transportation facilities that are not part of
1916	the State Highway System, are borne by the private entity. The
1917	department shall also ensure that all reasonable costs to the
1918	state and substantially affected local governments and
1919	utilities, related to the private transportation facility, are
1920	borne by the private entity for transportation facilities that
1921	are owned by private entities. For projects on the State Highway
1922	System, the department may use state resources to participate in
1923	funding and financing the project as provided for under the
1924	department's enabling legislation. Because the Legislature
1925	recognizes that private entities or consortia thereof would
1926	perform a governmental or public purpose or function when they
1927	enter into agreements with the department to design, build,
1928	operate, own, or finance transportation facilities, the
1929	transportation facilities, including leasehold interests
1930	thereof, are exempt from ad valorem taxes as provided in chapter
1931	196 to the extent property is owned by the state or other
1932	government entity, and from intangible taxes as provided in
1933	chapter 199 and special assessments of the state, any city,
1934	town, county, special district, political subdivision of the
1935	state, or any other governmental entity. The private entities or
1936	consortia thereof are exempt from tax imposed by chapter 201 on
1937	all documents or obligations to pay money which arise out of the
1938	agreements to design, build, operate, own, lease, or finance
1939	transportation facilities. Any private entities or consortia
1940	thereof must pay any applicable corporate taxes as provided in
1941	chapter chapters 220 and 221, and unemployment compensation
1942	taxes as provided in chapter 443, and sales and use tax as
1943	provided in chapter 212 shall be applicable. The private
1944	entities or consortia thereof must also register and collect the
1945	tax imposed by chapter 212 on all their direct sales and leases
1946	that are subject to tax under chapter 212. The agreement between
1947	the private entity or consortia thereof and the department
1948	establishing a transportation facility under this chapter
1949	constitutes documentation sufficient to claim any exemption
1950	under this section.
1951	Section 34.  Effective January 1, 2012, subsection (4),
1952	paragraph (a) of subsection (6), and subsection (7) of section
1953	624.509, Florida Statutes, are amended to read:
1954	624.509  Premium tax; rate and computation.-
1955	(4)  The income tax imposed under chapter 220 and the
1956	emergency excise tax imposed under chapter 221 which is are paid
1957	by any insurer shall be credited against, and to the extent
1958	thereof shall discharge, the liability for tax imposed by this
1959	section for the annual period in which such tax payments are
1960	made. As to any insurer issuing policies insuring against loss
1961	or damage from the risks of fire, tornado, and certain casualty
1962	lines, the tax imposed by this section, as intended and
1963	contemplated by this subsection, shall be construed to mean the
1964	net amount of such tax remaining after there has been credited
1965	thereon such gross premium receipts tax as may be payable by
1966	such insurer in pursuance of the imposition of such tax by any
1967	incorporated cities or towns in the state for firefighters'
1968	relief and pension funds and police officers' retirement funds
1969	maintained in such cities or towns, as provided in and by
1970	relevant provisions of the Florida Statutes. For purposes of
1971	this subsection, payments of estimated income tax under chapter
1972	220 and of estimated emergency excise tax under chapter 221
1973	shall be deemed paid either at the time the insurer actually
1974	files its annual returns under chapter 220 or at the time such
1975	returns are required to be filed, whichever first occurs, and
1976	not at such earlier time as such payments of estimated tax are
1977	actually made.
1978	(6)(a)  The total of the credit granted for the taxes paid
1979	by the insurer under chapter chapters 220 and 221 and the credit
1980	granted by subsection (5) may shall not exceed 65 percent of the
1981	tax due under subsection (1) after deducting therefrom the taxes
1982	paid by the insurer under ss. 175.101 and 185.08 and any
1983	assessments pursuant to s. 440.51.
1984	(7)  Credits and deductions against the tax imposed by this
1985	section shall be taken in the following order: deductions for
1986	assessments made pursuant to s. 440.51; credits for taxes paid
1987	under ss. 175.101 and 185.08; credits for income taxes paid
1988	under chapter 220, the emergency excise tax paid under chapter
1989	221 and the credit allowed under subsection (5), as these
1990	credits are limited by subsection (6); all other available
1991	credits and deductions.
1992	Section 35.  Effective January 1, 2012, subsection (1) of
1993	section 624.51055, Florida Statutes, is amended to read:
1994	624.51055  Credit for contributions to eligible nonprofit
1995	scholarship-funding organizations.-
1996	(1)  There is allowed a credit of 100 percent of an
1997	eligible contribution made to an eligible nonprofit scholarship-
1998	funding organization under s. 1002.395 against any tax due for a
1999	taxable year under s. 624.509(1). However, such a credit may not
2000	exceed 75 percent of the tax due under s. 624.509(1) after
2001	deducting from such tax deductions for assessments made pursuant
2002	to s. 440.51; credits for taxes paid under ss. 175.101 and
2003	185.08; credits for income taxes paid under chapter 220; credits
2004	for the emergency excise tax paid under chapter 221; and the
2005	credit allowed under s. 624.509(5), as such credit is limited by
2006	s. 624.509(6). An insurer claiming a credit against premium tax
2007	liability under this section shall not be required to pay any
2008	additional retaliatory tax levied pursuant to s. 624.5091 as a
2009	result of claiming such credit. Section 624.5091 does not limit
2010	such credit in any manner.
2011	Section 36.  (1)  The executive director of the Department
2012	of Revenue is authorized, and all conditions are deemed met, to
2013	adopt emergency rules under ss. 120.536(1) and 120.54(4),
2014	Florida Statutes, for the purpose of implementing this act.
2015	(2)  Notwithstanding any other provision of law, such
2016	emergency rules shall remain in effect for 6 months after the
2017	date adopted and may be renewed during the pendency of
2018	procedures to adopt permanent rules addressing the subject of
2019	the emergency rules.
2020	Section 37.  (1)  The tax levied under chapter 212, Florida
2021	Statutes, may not be collected during the period from 12:01 a.m.
2022	on August 12, 2011, through 11:59 p.m. on August 14, 2011, on
2023	the sale of:
2024	(a)  Clothing, wallets, or bags, including handbags,
2025	backpacks, fanny packs, and diaper bags, but excluding
2026	briefcases, suitcases, and other garment bags, having a sales
2027	price of $75 or less per item. As used in this paragraph, the
2028	term "clothing" means:
2029	1.  Any article of wearing apparel intended to be worn on
2030	or about the human body, excluding watches, watchbands, jewelry,
2031	umbrellas, or handkerchiefs; and
2032	2.  All footwear, excluding skis, swim fins, roller blades,
2033	and skates.
2034	(b)  School supplies having a sales price of $15 or less
2035	per item. As used in this paragraph, the term "school supplies"
2036	means pens, pencils, erasers, crayons, notebooks, notebook
2037	filler paper, legal pads, binders, lunch boxes, construction
2038	paper, markers, folders, poster board, composition books, poster
2039	paper, scissors, cellophane tape, glue or paste, rulers,
2040	computer disks, protractors, compasses, and calculators.
2041	(2)  The tax exemptions in this section do not apply to
2042	sales within a theme park or entertainment complex as defined in
2043	s. 509.013(9), Florida Statutes, a public lodging establishment
2044	as defined in s. 509.013(4), Florida Statutes, or an airport as
2045	defined in s. 330.27(2), Florida Statutes.
2046	(3)  The Department of Revenue may, and all conditions are
2047	deemed met to, adopt emergency rules pursuant to ss. 120.536(1)
2048	and 120.54, Florida Statutes, to administer this section.
2049	(4)  This section shall take effect upon this act becoming
2050	a law.
2051	Section 38.  Effective upon this act becoming a law, and
2052	for the 2010-2011 fiscal year, the sum of $218,905 in
2053	nonrecurring funds is appropriated from the General Revenue Fund
2054	to the Department of Revenue for purposes of administering
2055	section 37. Funds remaining unexpended or unencumbered from this
2056	appropriation as of June 30, 2011, shall revert and be
2057	reappropriated for the same purpose in the 2011-2012 fiscal
2058	year.
2059	Section 39.  Effective upon this act becoming a law,
2060	section 288.987, Florida Statutes, is created to read:
2061	288.987  Florida Defense Support Task Force.-
2062	(1)  The Florida Defense Support Task Force is created.
2063	(2)  The mission of the task force is to make
2064	recommendations to prepare the state to effectively compete in
2065	any federal base realignment and closure action, to support the
2066	state's position in research and development related to or
2067	arising out of military missions and contracting, and to improve
2068	the state's military-friendly environment for service members,
2069	military dependents, military retirees, and businesses that
2070	bring military and base-related jobs to the state.
2071	(3)  The task force shall be comprised of the Governor or
2072	his or her designee, and 12 members appointed as follows:
2073	(a)  Four members appointed by the Governor.
2074	(b)  Four members appointed by the President of the Senate.
2075	(c)  Four members appointed by the Speaker of the House of
2076	Representatives.
2077	(d)  Appointed members must represent defense-related
2078	industries or communities that host military bases and
2079	installations. All appointments must be made by August 1, 2011.
2080	Members shall serve for a term of 4 years, with the first term
2081	ending July 1, 2015. However, if members of the Legislature are
2082	appointed to the task force, those members shall serve until the
2083	expiration of their legislative term and may be reappointed
2084	once. A vacancy shall be filled for the remainder of the
2085	unexpired term in the same manner as the initial appointment.
2086	All members of the council are eligible for reappointment. A
2087	member who serves in the Legislature may participate in all task
2088	force activities, but may only vote on matters that are
2089	advisory.
2090	(4)  The President of the Senate and the Speaker of the
2091	House of Representatives shall each designate one of their
2092	appointees to serve as chair of the task force. The chair shall
2093	rotate each July 1. The appointee designated by the President of
2094	the Senate shall serve as initial chair. If the Governor,
2095	instead of his or her designee, participates in the activities
2096	of the task force, then the Governor shall serve as chair.
2097	(5)  The Director of the Office of Tourism, Trade, and
2098	Economic Development within the Executive Office of the
2099	Governor, or his or her designee, shall serve as the ex officio,
2100	nonvoting executive director of the task force.
2101	(6)  The chair shall schedule and conduct the first meeting
2102	of the task force by October 1, 2011. The task force shall
2103	submit a progress report and work plan for the remainder of the
2104	2011-2012 fiscal year to the Governor, the President of the
2105	Senate, and the Speaker of the House of Representatives by
2106	February 1, 2012, and shall submit an annual report each
2107	February 1 thereafter.
2108	(7)  The Office of Tourism, Trade, and Economic Development
2109	shall contract with the task force for expenditure of
2110	appropriated funds, which may be used by the task force for
2111	economic and product research and development, joint planning
2112	with host communities to accommodate military missions and
2113	prevent base encroachment, advocacy on the state's behalf with
2114	federal civilian and military officials, assistance to school
2115	districts in providing a smooth transition for large numbers of
2116	additional military-related students, job training and placement
2117	for military spouses in communities with high proportions of
2118	active duty military personnel, and promotion of the state to
2119	military and related contractors and employers. The task force
2120	may annually spend up to $200,000 of funds appropriated to the
2121	Executive Office of the Governor, Office of Tourism, Trade, and
2122	Economic Development, for the task force for staffing and
2123	administrative expenses of the task force, including travel and
2124	per diem costs incurred by task force members who are not
2125	otherwise eligible for state reimbursement.
2126	Section 40.  There is appropriated for state fiscal year
2127	2011-2012 to the Executive Office of the Governor, Office of
2128	Tourism, Trade, and Economic Development:
2129	(1)  The sum of $15 million in nonrecurring funds from the
2130	General Revenue Fund for the Innovation Incentive Fund program.
2131	(2)  The sum of $42 million in nonrecurring funds from the
2132	General Revenue Fund for the Quick Action Closing Fund program.
2133	From these funds, preference shall be given to those projects
2134	that include at least a 20 percent local match of cash or in-
2135	kind contributions, which contributions provide a cash savings
2136	to the private business entity receiving the incentive awards.
2137	(3)  The sum of $10 million in nonrecurring funds from the
2138	General Revenue Fund for the Institute for the Commercialization
2139	of Public Research.
2140	(4)  The sum of $5 million in nonrecurring funds from the
2141	General Revenue Fund for the Florida Defense Support Task Force.
2142	Section 41.  Except as otherwise expressly provided in this
2143	act and except for this section, which shall take effect upon
2144	this act becoming a law, this act shall take effect July 1,
2145	2011.
2146
2147
2148	-----------------------------------------------------
2149	T I T L E  A M E N D M E N T
2150	Remove the entire title and insert:
2151	A bill to be entitled
2152	An act relating to economic development; amending s.
2153	14.2015, F.S.; authorizing the Office of Tourism, Trade,
2154	and Economic Development to administer corporate income
2155	tax credits for spaceflight projects; amending ss. 72.011
2156	and 72.041, F.S.; deleting a reference to conform to
2157	changes made by this act; amending s. 212.05, F.S.;
2158	lowering the tax rate on the charges for the use of coin-
2159	operated amusement machines at licensed cardroom
2160	facilities operated at pari-mutuel facilities, located in
2161	certain cities or counties; requiring the operator of the
2162	machines to provide certain notice; providing methods and
2163	rates for calculating the tax; providing criteria for the
2164	application, payment, and reporting of the tax; amending
2165	s. 216.138, F.S.; providing for special impact estimating
2166	conferences to evaluate legislative proposals; requiring
2167	conference meetings to be open to the public; specifying
2168	the four principals of the conference; authorizing the
2169	convening of any special estimating conference by a
2170	specified principal in order to adopt certain supplemental
2171	information; requiring all official information of a
2172	special impact estimating conference to be adopted by
2173	consensus; authorizing a principal to invite any person to
2174	participate in the conference; providing definitions;
2175	amending ss. 220.02 and 220.13, F.S.; revising references
2176	to conform to changes made by this act; revising the order
2177	in which credits against the corporate income tax or
2178	franchise tax may be taken to include credits for certain
2179	spaceflight projects and certain research and development;
2180	redefining the term "adjusted federal income" to include
2181	the amount of certain tax credits taken relating to
2182	spaceflight projects and research and development;
2183	providing application; prohibiting a deduction from
2184	taxable income for any net operating loss if a credit
2185	against corporate income taxes relating to a spaceflight
2186	project has been taken or transferred; amending s.
2187	220.131, F.S.; conforming provisions to changes made by
2188	this act; amending s. 220.15, F.S.; conforming provisions
2189	to changes made by this act; creating s. 220.153, F.S.;
2190	defining the terms "office" and "qualified capital
2191	expenditures"; providing for the apportionment of certain
2192	taxpayer's adjusted federal income solely by the sales
2193	factor provided in s. 220.15, F.S.; providing for
2194	eligibility based on the taxpayer's capital expenditures;
2195	providing a qualification and application process;
2196	authorizing the Department of Revenue to examine and
2197	verify that a taxpayer has correctly apportioned its
2198	taxes; authorizing the Office of Tourism, Trade, and
2199	Economic Development to approve and revoke approval of an
2200	application; providing for the recapture of unpaid taxes,
2201	interest, and penalties; authorizing the Office of
2202	Tourism, Trade, and Economic Development and the
2203	Department of Revenue to adopt rules; amending s.
2204	220.1845, F.S.; increasing the annual tax credit cap
2205	relating to contaminated site rehabilitation; amending s.
2206	376.30781, F.S.; conforming references; amending s.
2207	220.16, F.S.; requiring that the amount of payments
2208	received in exchange for transferring a net operating loss
2209	for spaceflight projects be allocated to the state;
2210	creating s. 220.194, F.S.; providing a short title;
2211	providing legislative purpose; defining terms; authorizing
2212	a certified spaceflight business to take or transfer
2213	corporate income tax credits related to spaceflight
2214	projects carried out in this state; specifying tax credit
2215	amounts and business eligibility criteria; providing
2216	limitations; requiring a business to demonstrate to the
2217	satisfaction of the office and the department its
2218	eligibility to claim a tax credit; requiring a business to
2219	submit an application to the office for approval to earn
2220	credits; specifying the required contents of the
2221	application; requiring the office to approve or deny an
2222	application within 60 days after receipt; specifying the
2223	approval process; requiring a spaceflight business to
2224	submit an application for certification to the office;
2225	specifying the required contents of an application for
2226	certification; specifying the approval process; requiring
2227	the office to submit a copy of an approved certification
2228	to the department; providing procedures for transferring a
2229	tax credit to a taxpayer; authorizing the department to
2230	perform audits and investigations necessary to verify the
2231	accuracy of returns relating to the tax credit; specifying
2232	circumstances under which the office may revoke or modify
2233	a certification that grants eligibility for tax credits;
2234	requiring a certified spaceflight business to file an
2235	amended return and pay any required tax within 60 days
2236	after receiving notice that previously approved tax
2237	credits have been revoked or modified; authorizing the
2238	department to assess additional taxes, interest, or
2239	penalties; authorizing the office and the department to
2240	adopt rules; requiring the office to submit an annual
2241	report to the Governor and Legislature regarding the
2242	Florida Space Business Incentives Act; creating s.
2243	220.195, F.S.; creating a corporate income tax credit to
2244	continue credits available under the emergency excise tax;
2245	creating s. 220.196, F.S.; providing application;
2246	providing definitions; providing a tax credit for certain
2247	research and development expenses; providing eligibility
2248	requirements for research and development tax credits;
2249	providing limitations regarding eligibility; providing an
2250	amount for such credit; providing a maximum amount of
2251	credit that may be taken during a taxable year by a
2252	business enterprise; providing that any unused credit may
2253	be carried forward for a specified period; limiting the
2254	total amount of tax credits which may be approved by the
2255	department in a calendar year; providing that applications
2256	for credits may be filed on or after a specified date;
2257	requiring that the credits be granted in the order in
2258	which applications are received; requiring the
2259	recalculation of a credit under certain circumstances;
2260	authorizing the department to adopt rules; amending ss.
2261	220.801, 213.05, 213.053, and 213.255, F.S.; deleting
2262	references to conform to changes made by this act;
2263	authorizing the department to share information with the
2264	office relating to single sales factor apportionment used
2265	by a taxpayer; authorizing the department to share
2266	information relating to corporate income tax credits for
2267	spaceflight projects with the office; repealing chapter
2268	221, F.S.; repealing the emergency excise tax and related
2269	provisions; amending ss. 288.075, 288.1045, and 288.106,
2270	F.S.; deleting references to conform to changes made by
2271	this act; revising a provision to conform to changes made
2272	by this act; amending s. 288.1254, F.S.; revising and
2273	providing definitions; revising criteria for awarding tax
2274	credits and increasing the amount of credits to be awarded
2275	under the entertainment industry financial incentive
2276	program; revising the application procedure and approval
2277	process; permitting an initial transferee of tax credits
2278	to make a one-time transfer of unused tax credits;
2279	amending s. 288.1258, F.S.; changing the recordkeeping
2280	requirements of the Office of Film and Entertainment;
2281	amending s. 290.0055, F.S.; authorizing certain governing
2282	bodies to apply to the Office of Tourism, Trade, and
2283	Economic Development to amend the boundary of an
2284	enterprise zone that includes a rural area of critical
2285	economic concern; providing a limitation; providing an
2286	application deadline; authorizing the office to approve
2287	the amendment application subject to certain requirements;
2288	requiring the office to establish the effective date of
2289	certain enterprise zones; creating s. 290.00726, F.S.;
2290	authorizing Martin County to apply to the Office of
2291	Tourism, Trade, and Economic Development for designation
2292	of an enterprise zone; providing application requirements;
2293	authorizing the office to designate an enterprise zone in
2294	Martin County; providing responsibilities of the office;
2295	creating s. 290.00727, F.S.; authorizing the City of Palm
2296	Bay to apply to the Office of Tourism, Trade, and Economic
2297	Development for designation of an enterprise zone;
2298	providing application requirements; authorizing the office
2299	to designate an enterprise zone in the City of Palm Bay;
2300	providing responsibilities of the office; creating s.
2301	290.00728, F.S.; authorizing Lake County to apply to the
2302	Office of Tourism, Trade, and Economic Development for
2303	designation of an enterprise zone; providing application
2304	requirements; authorizing the office to designate an
2305	enterprise zone in Lake County; providing responsibilities
2306	of the office; amending ss. 334.30, 624.509, and
2307	624.51055, F.S.; deleting references to conform to changes
2308	made by this act; authorizing the executive director of
2309	the Department of Revenue to adopt emergency rules;
2310	specifying a period during this year when the sale of
2311	clothing, wallets, bags, and school supplies are exempt
2312	from the sales tax; providing definitions; providing
2313	exceptions; authorizing the Department of Revenue to adopt
2314	emergency rules; providing an appropriation; creating s.
2315	288.987, F.S.; creating the Florida Defense Support Task
2316	Force; providing for the task force's mission, membership
2317	composition, appointment of membership, and
2318	administration; authorizing the expenditure of
2319	appropriated funds by the task force for specified
2320	purposes; providing appropriations to the Executive Office
2321	of the Governor, Office of Tourism, Trade and Economic
2322	Development; providing effective dates.

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