HB 7203

1	A bill to be entitled
2	An act relating to economic development; amending ss.
3	72.011 and 72.041, F.S.; deleting a reference to conform
4	to changes made by this act; amending ss. 220.02 and
5	220.13, F.S.; revising references to conform to changes
6	made by this act; amending s. 220.131, F.S.; conforming
7	provisions to changes made by this act; creating s.
8	220.153, F.S.; defining the terms "full-time employee" and
9	"qualified capital expenditures"; providing for the
10	apportionment of certain taxpayer's adjusted federal
11	income solely by the sales factor provided in s. 220.15,
12	F.S.; providing for eligibility based on the taxpayer's
13	capital expenditures and number of full-time employees;
14	providing an application process; authorizing the
15	Department of Revenue to examine and verify that a
16	taxpayer has correctly apportioned its taxes; authorizing
17	the Office of Tourism, Trade, and Economic Development to
18	approve and revoke approval of an application; providing
19	for the recapture of unpaid taxes, interest, and
20	penalties; authorizing the Office of Tourism, Trade, and
21	Economic Development and the Department of Revenue to
22	adopt rules; creating s. 220.194, F.S.; creating a
23	corporate income tax credit to continue credits available
24	under the emergency excise tax; amending ss. 220.801,
25	213.05, 213.053, and 213.255, F.S.; deleting references to
26	conform to changes made by this act; authorizing the
27	department to share information with the office relating
28	to single sales factor apportionment used by a taxpayer;
29	repealing chapter 221, F.S.; repealing the emergency
30	excise tax and related provisions; amending ss. 288.075,
31	288.1045, and 288.106, F.S.; deleting references to
32	conform to changes made by this act; amending s. 288.1254,
33	F.S.; revising a definition and providing definitions;
34	revising criteria for awarding tax credits and increasing
35	the amount of credits to be awarded under the
36	entertainment industry financial incentive program;
37	revising the application procedure and approval process;
38	amending s. 288.1258, F.S.; changing the recordkeeping
39	requirements of the Office of Film and Entertainment;
40	amending s. 290.0055, F.S.; authorizing certain governing
41	bodies to apply to the Office of Tourism, Trade, and
42	Economic Development to amend the boundary of an
43	enterprise zone that includes a rural area of critical
44	economic concern; providing a limitation; providing an
45	application deadline; authorizing the office to approve
46	the amendment application subject to certain requirements;
47	requiring the office to establish the effective date of
48	certain enterprise zones; creating s. 290.00726, F.S.;
49	authorizing Martin County to apply to the Office of
50	Tourism, Trade, and Economic Development for designation
51	of an enterprise zone; providing application requirements;
52	authorizing the office to designate an enterprise zone in
53	Martin County; providing responsibilities of the office;
54	creating s. 290.00727, F.S.; authorizing the City of Palm
55	Bay to apply to the Office of Tourism, Trade, and Economic
56	Development for designation of an enterprise zone;
57	providing application requirements; authorizing the office
58	to designate an enterprise zone in the City of Palm Bay;
59	providing responsibilities of the office; amending ss.
60	334.30, 624.509, and 624.51055, F.S.; deleting references
61	to conform to changes made by this act; authorizing the
62	executive director of the Department of Revenue to adopt
63	emergency rules; providing appropriations; providing
64	effective dates.
65
66	Be It Enacted by the Legislature of the State of Florida:
67
68	Section 1.  Effective January 1, 2012, paragraph (a) of
69	subsection (1) of section 72.011, Florida Statutes, is amended
70	to read:
71	72.011  Jurisdiction of circuit courts in specific tax
72	matters; administrative hearings and appeals; time for
73	commencing action; parties; deposits.-
74	(1)(a)  A taxpayer may contest the legality of any
75	assessment or denial of refund of tax, fee, surcharge, permit,
76	interest, or penalty provided for under s. 125.0104, s.
77	125.0108, chapter 198, chapter 199, chapter 201, chapter 202,
78	chapter 203, chapter 206, chapter 207, chapter 210, chapter 211,
79	chapter 212, chapter 213, chapter 220, chapter 221, s.
80	379.362(3), chapter 376, s. 403.717, s. 403.718, s. 403.7185, s.
81	538.09, s. 538.25, chapter 550, chapter 561, chapter 562,
82	chapter 563, chapter 564, chapter 565, chapter 624, or s.
83	681.117 by filing an action in circuit court; or, alternatively,
84	the taxpayer may file a petition under the applicable provisions
85	of chapter 120. However, once an action has been initiated under
86	s. 120.56, s. 120.565, s. 120.569, s. 120.57, or s.
87	120.80(14)(b), no action relating to the same subject matter may
88	be filed by the taxpayer in circuit court, and judicial review
89	shall be exclusively limited to appellate review pursuant to s.
90	120.68; and once an action has been initiated in circuit court,
91	no action may be brought under chapter 120.
92	Section 2.  Effective January 1, 2012, section 72.041,
93	Florida Statutes, is amended to read:
94	72.041  Tax liabilities arising under the laws of other
95	states.-Actions to enforce lawfully imposed sales, use, and
96	corporate income taxes and motor and other fuel taxes of another
97	state may be brought in a court of this state under the
98	following conditions:
99	(1)  The state seeking to institute an action for the
100	collection, assessment, or enforcement of a lawfully imposed tax
101	must have extended a like courtesy to this state;
102	(2)  Venue for any action under this section shall be the
103	circuit court of the county in which the defendant resides;
104	(3)  This section does not apply to the enforcement of tax
105	warrants of another state unless the warrant has been obtained
106	as a result of a judgment entered by a court of competent
107	jurisdiction in the taxing state or unless the courts of the
108	state seeking to enforce its warrant allow the enforcement of
109	the warrants issued by the Department of Revenue pursuant to
110	chapters 206, 212, 213, and 220, and 221; and
111	(4)  All tax liabilities owing to this state or any of its
112	subdivisions shall be paid first and shall be prior in right to
113	any tax liability arising under the laws of other states.
114	Section 3.  Effective January 1, 2012, subsection (8) of
115	section 220.02, Florida Statutes, is amended to read:
116	220.02  Legislative intent.-
117	(8)  It is the intent of the Legislature that credits
118	against either the corporate income tax or the franchise tax be
119	applied in the following order: those enumerated in s. 631.828,
120	those enumerated in s. 220.191, those enumerated in s. 220.181,
121	those enumerated in s. 220.183, those enumerated in s. 220.182,
122	those enumerated in s. 220.1895, those enumerated in s. 220.194
123	221.02, those enumerated in s. 220.184, those enumerated in s.
124	220.186, those enumerated in s. 220.1845, those enumerated in s.
125	220.19, those enumerated in s. 220.185, those enumerated in s.
126	220.1875, those enumerated in s. 220.192, those enumerated in s.
127	220.193, those enumerated in s. 288.9916, those enumerated in s.
128	220.1899, and those enumerated in s. 220.1896.
129	Section 4.  Effective January 1, 2012, paragraph (a) of
130	subsection (1) of section 220.13, Florida Statutes, is amended
131	to read:
132	220.13  "Adjusted federal income" defined.-
133	(1)  The term "adjusted federal income" means an amount
134	equal to the taxpayer's taxable income as defined in subsection
135	(2), or such taxable income of more than one taxpayer as
136	provided in s. 220.131, for the taxable year, adjusted as
137	follows:
138	(a)  Additions.-There shall be added to such taxable
139	income:
140	1.  The amount of any tax upon or measured by income,
141	excluding taxes based on gross receipts or revenues, paid or
142	accrued as a liability to the District of Columbia or any state
143	of the United States which is deductible from gross income in
144	the computation of taxable income for the taxable year.
145	2.  The amount of interest which is excluded from taxable
146	income under s. 103(a) of the Internal Revenue Code or any other
147	federal law, less the associated expenses disallowed in the
148	computation of taxable income under s. 265 of the Internal
149	Revenue Code or any other law, excluding 60 percent of any
150	amounts included in alternative minimum taxable income, as
151	defined in s. 55(b)(2) of the Internal Revenue Code, if the
152	taxpayer pays tax under s. 220.11(3).
153	3.  In the case of a regulated investment company or real
154	estate investment trust, an amount equal to the excess of the
155	net long-term capital gain for the taxable year over the amount
156	of the capital gain dividends attributable to the taxable year.
157	4.  That portion of the wages or salaries paid or incurred
158	for the taxable year which is equal to the amount of the credit
159	allowable for the taxable year under s. 220.181. This
160	subparagraph shall expire on the date specified in s. 290.016
161	for the expiration of the Florida Enterprise Zone Act.
162	5.  That portion of the ad valorem school taxes paid or
163	incurred for the taxable year which is equal to the amount of
164	the credit allowable for the taxable year under s. 220.182. This
165	subparagraph shall expire on the date specified in s. 290.016
166	for the expiration of the Florida Enterprise Zone Act.
167	6.  The amount taken as a credit under s. 220.194 of
168	emergency excise tax paid or accrued as a liability to this
169	state under chapter 221 which tax is deductible from gross
170	income in the computation of taxable income for the taxable
171	year.
172	7.  That portion of assessments to fund a guaranty
173	association incurred for the taxable year which is equal to the
174	amount of the credit allowable for the taxable year.
175	8.  In the case of a nonprofit corporation which holds a
176	pari-mutuel permit and which is exempt from federal income tax
177	as a farmers' cooperative, an amount equal to the excess of the
178	gross income attributable to the pari-mutuel operations over the
179	attributable expenses for the taxable year.
180	9.  The amount taken as a credit for the taxable year under
181	s. 220.1895.
182	10.  Up to nine percent of the eligible basis of any
183	designated project which is equal to the credit allowable for
184	the taxable year under s. 220.185.
185	11.  The amount taken as a credit for the taxable year
186	under s. 220.1875. The addition in this subparagraph is intended
187	to ensure that the same amount is not allowed for the tax
188	purposes of this state as both a deduction from income and a
189	credit against the tax. This addition is not intended to result
190	in adding the same expense back to income more than once.
191	12.  The amount taken as a credit for the taxable year
192	under s. 220.192.
193	13.  The amount taken as a credit for the taxable year
194	under s. 220.193.
195	14.  Any portion of a qualified investment, as defined in
196	s. 288.9913, which is claimed as a deduction by the taxpayer and
197	taken as a credit against income tax pursuant to s. 288.9916.
198	15.  The costs to acquire a tax credit pursuant to s.
199	288.1254(5) that are deducted from or otherwise reduce federal
200	taxable income for the taxable year.
201	Section 5.  Subsection (5) of section 220.131, Florida
202	Statutes, is amended to read:
203	220.131  Adjusted federal income; affiliated groups.-
204	(5)  Each taxpayer shall apportion adjusted federal income
205	under s. 220.15 as a member of an affiliated group which files a
206	consolidated return under this section on the basis of
207	apportionment factors described in s. 220.15. For the purposes
208	of this subsection, each special industry member included in an
209	affiliated group filing a consolidated return hereunder, who
210	which member would otherwise be permitted to use a special
211	method of apportionment under s. 220.151 or s. 220.153, shall
212	construct the numerator of its sales, property, and payroll
213	factors, respectively, by multiplying the denominator of each
214	such factor by the premiums or revenue miles factor ratio
215	otherwise applicable under pursuant to s. 220.151 in the manner
216	prescribed by the department by rule.
217	Section 6.  Section 220.153, Florida Statutes, is created
218	to read:
219	220.153  Apportionment by sales factor.-
220	(1)  DEFINITIONS.-As used in this section, the term:
221	(a)  "Full-time employee" means an employee who works an
222	average of at least 36 hours per week for an entire year and
223	receives an average weekly wage greater than the lower of the
224	state or local average weekly wages for the taxpayer's industry;
225	however, a full-time employee does not include an employee who
226	is hired to construct improvements to real property.
227	(b)  "Qualified capital expenditures" means expenditures in
228	this state for purposes substantially related to a business's
229	production or sale of goods or services for funding the
230	acquisition of additional real property (land, buildings,
231	including appurtenances, fixtures and fixed equipment,
232	structures, etc.), including additions, replacements, major
233	repairs, and renovations to real property which materially
234	extend its useful life or materially improve or change its
235	functional use and including furniture and equipment necessary
236	to furnish and operate a new or improved facility. The term
237	"qualified capital expenditures" does not include the outlay of
238	capital to fund any passive investment intended for the
239	accumulation of reserves or the realization of profit for
240	distribution to any person holding an ownership interest in the
241	business.
242	(2)  APPORTIONMENT OF TAXES; ELIGIBILITY.-A taxpayer, not
243	including a financial organization as defined in s. 220.15(6) or
244	a bank, savings association, international banking facility, or
245	banking organization as defined in s. 220.62, doing business
246	within and without this state, who applies and demonstrates to
247	the Office of Tourism, Trade, and Economic Development that, on
248	or after July 1, 2013, it has made qualified capital
249	expenditures equal to or exceeding $250 million and has
250	continuously maintained at least the number of full-time
251	employees who were employed by the taxpayer in this state at the
252	time it notified the office of its intent to apply for
253	apportionment pursuant to this section may apportion its
254	adjusted federal income solely by the sales factor set forth in
255	s. 220.15(5), commencing in the taxable year of such
256	determination.
257	(3)  APPLICATION PROCESS.-
258	(a)  To qualify as a taxpayer who is eligible to apportion
259	its adjusted federal income under this section:
260	1.  The taxpayer must notify the Office of Tourism, Trade,
261	and Economic Development of its intent to submit an application
262	to apportion its adjusted federal income in order to commence
263	the 2-year period for measuring qualified capital expenditures.
264	2.  The application must be submitted within 2 years after
265	notifying the office of the taxpayer's intent to qualify. The
266	application must be made under oath and provide such information
267	as the office reasonably requires by rule for determining the
268	applicant's eligibility to apportion adjusted federal income.
269	The taxpayer is responsible for affirmatively demonstrating to
270	the satisfaction of the office that it meets the eligibility
271	requirements.
272	(b)  The taxpayer notice and application forms shall be
273	established by the office by rule. The office shall acknowledge
274	receipt of the notice and approve or deny the application in
275	writing within 45 days after receipt.
276	(c)  Upon approval, the taxpayer, by the due date for
277	filing its tax return for the taxable year during which its
278	eligibility has been determined, including any extensions
279	thereof, may elect to apportion its adjusted federal income by
280	filing a return for the taxable year using the method provided
281	under this chapter.
282	(d)  Once made, a taxpayer may not revoke the election for
283	4 tax years, at which time the taxpayer may renew the election
284	by the due date, or extended due date, for filing its tax return
285	by filing a return for the next taxable year using the method
286	provided under this chapter. If the taxpayer does not renew the
287	election, it shall apportion its adjusted federal income
288	pursuant to s. 220.15 and must reapply to apportion its adjusted
289	federal income pursuant to this section.
290	(4)  REVIEW AUTHORITY; RECAPTURE OF TAX.-
291	(a)  In addition to its existing audit authority, the
292	department may perform any financial and technical review and
293	investigation, including examining the accounts, books, and
294	records of the taxpayer as necessary, to verify that the
295	taxpayer's tax return correctly computes and apportions adjusted
296	federal income and to ensure compliance with this chapter.
297	(b)  The Office of Tourism, Trade, and Economic Development
298	may, by order, revoke its decision to grant eligibility for
299	apportionment, and may also order the recalculation of
300	apportionment factors to those applicable under s. 220.15 if, as
301	the result of an audit, investigation, or examination, it
302	determines that information provided by the taxpayer in the
303	application, or in a statement, representation, record, report,
304	plan, or other document provided to the office to become
305	eligible for apportionment, was materially false at the time it
306	was made and that an individual acting on behalf of the taxpayer
307	knew, or should have known, that the information submitted was
308	false. The taxpayer shall pay such additional taxes and interest
309	as may be due pursuant to this chapter computed as the
310	difference between the tax that would have been due under the
311	apportionment formula provided in s. 220.15 for such years and
312	the tax actually paid. In addition, the department shall assess
313	a penalty equal to 100 percent of the additional tax due.
314	(c)  The Office of Tourism, Trade, and Economic Development
315	shall immediately notify the department of an order affecting a
316	taxpayer's eligibility to apportion tax pursuant to this
317	section. A taxpayer who is liable for past tax must file an
318	amended return with the department, or such other report as the
319	department prescribes by rule, and pay any required tax,
320	interest, and penalty within 60 days after the taxpayer receives
321	notification from the office that the previously approved
322	credits have been revoked. If the revocation is contested, the
323	taxpayer shall file an amended return or other report within 30
324	days after an order becomes final. A taxpayer who fails to pay
325	the past tax, interest, and penalty by the due date is subject
326	to the penalties provided in s. 220.803.
327	(5)  RULES.-The Office of Tourism, Trade, and Economic
328	Development and the department may adopt rules to administer
329	this section.
330	Section 7.  Effective January 1, 2012, section 220.194,
331	Florida Statutes, is created to read:
332	220.194  Emergency excise tax credit.-
333	(1)  Beginning with taxable years ending in 2012, a
334	taxpayer who has earned, but not yet taken, a credit for
335	emergency excise tax paid under former s. 221.02 may take such
336	credit against the tax imposed by this chapter.
337	(2)  If a credit granted pursuant to this section is not
338	fully used in taxable years ending in 2012 because of
339	insufficient tax liability on the part of the taxpayer, the
340	unused amount may be carried forward for a period not to exceed
341	5 years. The carryover credit may be used in a subsequent year
342	when the tax imposed by this chapter for such year exceeds the
343	credit for such year, after applying the other credits and
344	unused credit carryovers in the order provided in s. 220.02(8).
345	Section 8.  Effective January 1, 2012, subsection (4) of
346	section 220.801, Florida Statutes, is amended to read:
347	220.801  Penalties; failure to timely file returns.-
348	(4)  The provisions of this section shall specifically
349	apply to the notice of federal change required under s. 220.23,
350	and to any tax returns required under chapter 221, relating to
351	the emergency excise tax.
352	Section 9.  Effective January 1, 2012, section 213.05,
353	Florida Statutes, is amended to read:
354	213.05  Department of Revenue; control and administration
355	of revenue laws.-The Department of Revenue shall have only those
356	responsibilities for ad valorem taxation specified to the
357	department in chapter 192, taxation, general provisions; chapter
358	193, assessments; chapter 194, administrative and judicial
359	review of property taxes; chapter 195, property assessment
360	administration and finance; chapter 196, exemption; chapter 197,
361	tax collections, sales, and liens; chapter 199, intangible
362	personal property taxes; and chapter 200, determination of
363	millage. The Department of Revenue shall have the responsibility
364	of regulating, controlling, and administering all revenue laws
365	and performing all duties as provided in s. 125.0104, the Local
366	Option Tourist Development Act; s. 125.0108, tourist impact tax;
367	chapter 198, estate taxes; chapter 201, excise tax on documents;
368	chapter 202, communications services tax; chapter 203, gross
369	receipts taxes; chapter 206, motor and other fuel taxes; chapter
370	211, tax on production of oil and gas and severance of solid
371	minerals; chapter 212, tax on sales, use, and other
372	transactions; chapter 220, income tax code; chapter 221,
373	emergency excise tax; ss. 336.021 and 336.025, taxes on motor
374	fuel and special fuel; s. 376.11, pollutant spill prevention and
375	control; s. 403.718, waste tire fees; s. 403.7185, lead-acid
376	battery fees; s. 538.09, registration of secondhand dealers; s.
377	538.25, registration of secondary metals recyclers; s. 624.4621,
378	group self-insurer's fund premium tax; s. 624.5091, retaliatory
379	tax; s. 624.475, commercial self-insurance fund premium tax; ss.
380	624.509-624.511, insurance code: administration and general
381	provisions; s. 624.515, State Fire Marshal regulatory
382	assessment; s. 627.357, medical malpractice self-insurance
383	premium tax; s. 629.5011, reciprocal insurers premium tax; and
384	s. 681.117, motor vehicle warranty enforcement.
385	Section 10.  Effective January 1, 2012, subsection (1) and
386	paragraph (k) of subsection (8) of section 213.053, Florida
387	Statutes, as amended by chapter 2010-280, Laws of Florida, are
388	amended to read:
389	213.053  Confidentiality and information sharing.-
390	(1)  This section applies to:
391	(a)  Section 125.0104, county government;
392	(b)  Section 125.0108, tourist impact tax;
393	(c)  Chapter 175, municipal firefighters' pension trust
394	funds;
395	(d)  Chapter 185, municipal police officers' retirement
396	trust funds;
397	(e)  Chapter 198, estate taxes;
398	(f)  Chapter 199, intangible personal property taxes;
399	(g)  Chapter 201, excise tax on documents;
400	(h)  Chapter 202, the Communications Services Tax
401	Simplification Law;
402	(i)  Chapter 203, gross receipts taxes;
403	(j)  Chapter 211, tax on severance and production of
404	minerals;
405	(k)  Chapter 212, tax on sales, use, and other
406	transactions;
407	(l)  Chapter 220, income tax code;
408	(m)  Chapter 221, emergency excise tax;
409	(m)(n)  Section 252.372, emergency management,
410	preparedness, and assistance surcharge;
411	(n)(o)  Section 379.362(3), Apalachicola Bay oyster
412	surcharge;
413	(o)(p)  Chapter 376, pollutant spill prevention and
414	control;
415	(p)(q)  Section 403.718, waste tire fees;
416	(q)(r)  Section 403.7185, lead-acid battery fees;
417	(r)(s)  Section 538.09, registration of secondhand dealers;
418	(s)(t)  Section 538.25, registration of secondary metals
419	recyclers;
420	(t)(u)  Sections 624.501 and 624.509-624.515, insurance
421	code;
422	(u)(v)  Section 681.117, motor vehicle warranty
423	enforcement; and
424	(v)(w)  Section 896.102, reports of financial transactions
425	in trade or business.
426	(8)  Notwithstanding any other provision of this section,
427	the department may provide:
428	(k)1.  Payment information relative to chapters 199, 201,
429	202, 212, 220, 221, and 624 and former chapter 221 to the Office
430	of Tourism, Trade, and Economic Development, or its employees or
431	agents that are identified in writing by the office to the
432	department, in the administration of the tax refund program for
433	qualified defense contractors and space flight business
434	contractors authorized by s. 288.1045 and the tax refund program
435	for qualified target industry businesses authorized by s.
436	288.106.
437	2.  Information relative to tax credits taken by a business
438	under s. 220.191 and exemptions or tax refunds received by a
439	business under s. 212.08(5)(j) to the Office of Tourism, Trade,
440	and Economic Development, or its employees or agents that are
441	identified in writing by the office to the department, in the
442	administration and evaluation of the capital investment tax
443	credit program authorized in s. 220.191 and the semiconductor,
444	defense, and space tax exemption program authorized in s.
445	212.08(5)(j).
446	3.  Information relative to tax credits taken by a taxpayer
447	pursuant to the tax credit programs created in ss. 193.017;
448	212.08(5)(g),(h),(n),(o) and (p); 212.08(15); 212.096; 212.097;
449	212.098; 220.181; 220.182; 220.183; 220.184; 220.1845; 220.185;
450	220.1895; 220.19; 220.191; 220.192; 220.193; 288.0656; 288.99;
451	290.007; 376.30781; 420.5093; 420.5099; 550.0951; 550.26352;
452	550.2704; 601.155; 624.509; 624.510; 624.5105; and 624.5107 to
453	the Office of Tourism, Trade, and Economic Development, or its
454	employees or agents that are identified in writing by the office
455	to the department, for use in the administration or evaluation
456	of such programs.
457	4.  Information relative to single sales factor
458	apportionment used by a taxpayer to the Office of Tourism,
459	Trade, and Economic Development or its employees or agents who
460	are identified in writing by the office to the department for
461	use by the office to administer s. 220.153.
462
463	Disclosure of information under this subsection shall be
464	pursuant to a written agreement between the executive director
465	and the agency. Such agencies, governmental or nongovernmental,
466	shall be bound by the same requirements of confidentiality as
467	the Department of Revenue. Breach of confidentiality is a
468	misdemeanor of the first degree, punishable as provided by s.
469	775.082 or s. 775.083.
470	Section 11.  Effective January 1, 2012, subsection (12) of
471	section 213.255, Florida Statutes, is amended to read:
472	213.255  Interest.-Interest shall be paid on overpayments
473	of taxes, payment of taxes not due, or taxes paid in error,
474	subject to the following conditions:
475	(12)  The rate of interest shall be the adjusted rate
476	established pursuant to s. 213.235, except that the annual rate
477	of interest shall never be greater than 11 percent. This annual
478	rate of interest shall be applied to all refunds of taxes
479	administered by the department except for corporate income taxes
480	and emergency excise taxes governed by ss. 220.721 and 220.723.
481	Section 12.  Effective January 1, 2012, chapter 221,
482	Florida Statutes, consisting of sections 221.01, 221.02, 221.04,
483	and 221.05, is repealed.
484	Section 13.  Effective January 1, 2012, paragraph (a) of
485	subsection (6) of section 288.075, Florida Statutes, is amended
486	to read:
487	288.075  Confidentiality of records.-
488	(6)  ECONOMIC INCENTIVE PROGRAMS.-
489	(a)  The following information held by an economic
490	development agency pursuant to the administration of an economic
491	incentive program for qualified businesses is confidential and
492	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
493	Constitution for a period not to exceed the duration of the
494	incentive agreement, including an agreement authorizing a tax
495	refund or tax credit, or upon termination of the incentive
496	agreement:
497	1.  The percentage of the business's sales occurring
498	outside this state and, for businesses applying under s.
499	288.1045, the percentage of the business's gross receipts
500	derived from Department of Defense contracts during the 5 years
501	immediately preceding the date the business's application is
502	submitted.
503	2.  The anticipated wages for the project jobs that the
504	business plans to create, as reported on the application for
505	certification.
506	3.  The average wage actually paid by the business for
507	those jobs created by the project or an employee's personal
508	identifying information which is held as evidence of the
509	achievement or nonachievement of the wage requirements of the
510	tax refund, tax credit, or incentive agreement programs or of
511	the job creation requirements of such programs.
512	4.  The amount of:
513	a.  Taxes on sales, use, and other transactions paid
514	pursuant to chapter 212;
515	b.  Corporate income taxes paid pursuant to chapter 220;
516	c.  Intangible personal property taxes paid pursuant to
517	chapter 199;
518	d.  Emergency excise taxes paid pursuant to chapter 221;
519	d.e.  Insurance premium taxes paid pursuant to chapter 624;
520	e.f.  Excise taxes paid on documents pursuant to chapter
521	201;
522	f.g.  Ad valorem taxes paid, as defined in s. 220.03(1); or
523	g.h.  State communications services taxes paid pursuant to
524	chapter 202.
525	Section 14.  Effective January 1, 2012, paragraph (f) of
526	subsection (2) of section 288.1045, Florida Statutes, is amended
527	to read:
528	288.1045  Qualified defense contractor and space flight
529	business tax refund program.-
530	(2)  GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.-
531	(f)  After entering into a tax refund agreement pursuant to
532	subsection (4), a qualified applicant may:
533	1.  Receive refunds from the account for corporate income
534	taxes due and paid pursuant to chapter 220 by that business
535	beginning with the first taxable year of the business which
536	begins after entering into the agreement.
537	2.  Receive refunds from the account for the following
538	taxes due and paid by that business after entering into the
539	agreement:
540	a.  Taxes on sales, use, and other transactions paid
541	pursuant to chapter 212.
542	b.  Intangible personal property taxes paid pursuant to
543	chapter 199.
544	c.  Emergency excise taxes paid pursuant to chapter 221.
545	c.d.  Excise taxes paid on documents pursuant to chapter
546	201.
547	d.e.  Ad valorem taxes paid, as defined in s. 220.03(1)(a)
548	on June 1, 1996.
549	e.f.  State communications services taxes administered
550	under chapter 202. This provision does not apply to the gross
551	receipts tax imposed under chapter 203 and administered under
552	chapter 202 or the local communications services tax authorized
553	under s. 202.19.
554
555	However, a qualified applicant may not receive a tax refund
556	pursuant to this section for any amount of credit, refund, or
557	exemption granted such contractor for any of such taxes. If a
558	refund for such taxes is provided by the office, which taxes are
559	subsequently adjusted by the application of any credit, refund,
560	or exemption granted to the qualified applicant other than that
561	provided in this section, the qualified applicant shall
562	reimburse the Economic Development Trust Fund for the amount of
563	such credit, refund, or exemption. A qualified applicant must
564	notify and tender payment to the office within 20 days after
565	receiving a credit, refund, or exemption, other than that
566	provided in this section. The addition of communications
567	services taxes administered under chapter 202 is remedial in
568	nature and retroactive to October 1, 2001. The office may make
569	supplemental tax refund payments to allow for tax refunds for
570	communications services taxes paid by an eligible qualified
571	defense contractor after October 1, 2001.
572	Section 15.  Effective January 1, 2012, paragraph (d) of
573	subsection (3) of section 288.106, Florida Statutes, is amended
574	to read:
575	288.106  Tax refund program for qualified target industry
576	businesses.-
577	(3)  TAX REFUND; ELIGIBLE AMOUNTS.-
578	(d)  After entering into a tax refund agreement under
579	subsection (5), a qualified target industry business may:
580	1.  Receive refunds from the account for the following
581	taxes due and paid by that business beginning with the first
582	taxable year of the business that begins after entering into the
583	agreement:
584	a.  Corporate income taxes under chapter 220.
585	b.  Insurance premium tax under s. 624.509.
586	2.  Receive refunds from the account for the following
587	taxes due and paid by that business after entering into the
588	agreement:
589	a.  Taxes on sales, use, and other transactions under
590	chapter 212.
591	b.  Intangible personal property taxes under chapter 199.
592	c.  Emergency excise taxes under chapter 221.
593	c.d.  Excise taxes on documents under chapter 201.
594	d.e.  Ad valorem taxes paid, as defined in s. 220.03(1).
595	e.f.  State communications services taxes administered
596	under chapter 202. This provision does not apply to the gross
597	receipts tax imposed under chapter 203 and administered under
598	chapter 202 or the local communications services tax authorized
599	under s. 202.19.
600	Section 16.  Paragraph (h) of subsection (1), paragraphs
601	(c) and (e) of subsection (3), paragraph (b) of subsection (4),
602	and paragraph (a) of subsection (7) of section 288.1254, Florida
603	Statutes are amended, and paragraphs (k), (l), (m), and (n) are
604	added to subsection (1) of that section, to read:
605	288.1254  Entertainment industry financial incentive
606	program.-
607	(1)  DEFINITIONS.-As used in this section, the term:
608	(h)  "Qualified expenditures" means production expenditures
609	incurred in this state by a qualified production for:
610	1.  Goods purchased or leased from, or services, including,
611	but not limited to, insurance costs and bonding, payroll
612	services, and legal fees, which are provided by, a vendor or
613	supplier in this state that is registered with the Department of
614	State or the Department of Revenue, has a physical location in
615	this state, and employs one or more legal residents of this
616	state. This does not include re-billed goods or services
617	provided by an in-state company from out-of-state vendors or
618	suppliers. When services are provided by the vendor or supplier
619	include personal services or labor, only personal services or
620	labor provided by residents of this state, evidenced by the
621	required documentation of residency in this state, qualify.
622	2.  Payments to legal residents of this state in the form
623	of salary, wages, or other compensation up to a maximum of
624	$400,000 per resident unless otherwise specified in subsection
625	(4). A completed declaration of residency in this state must
626	accompany the documentation submitted to the office for
627	reimbursement.
628
629	For a qualified production involving an event, such as an awards
630	show, the term does not include expenditures solely associated
631	with the event itself and not directly required by the
632	production. The term does not include expenditures incurred
633	before certification, with the exception of those incurred for a
634	commercial, a music video, or the pickup of additional episodes
635	of a high-impact television series within a single season. Under
636	no circumstances may the qualified production include in the
637	calculation for qualified expenditures the original purchase
638	price for equipment or other tangible property that is later
639	sold or transferred by the qualified production for
640	consideration. In such cases, the qualified expenditure is the
641	net of the original purchase price minus the consideration
642	received upon sale or transfer.
643	(k)  "Qualified production facility" means a building or
644	complex of buildings and their improvements and associated
645	backlot facilities in which films and television productions are
646	or are intended to be regularly produced and which contain at
647	least one sound stage of at least 7,800 square feet, have
648	sufficient air-conditioning for shooting without the need for
649	supplemental units, and incorporate a permanent grid designed to
650	bear the load requirements for lighting for motion picture
651	production and sufficient built-in electric service for shooting
652	without the need for generators.
653	(l)  "Regional population ratio" means the ratio of the
654	population of a region to the population of this state. The
655	regional population ratio applicable to a given fiscal year is
656	the regional population ratio calculated by the Office of Film
657	and Entertainment using the latest official estimates of
658	population certified under s. 186.901, available on the first
659	day of that fiscal year.
660	(m)  "Regional tax credit ratio" means a ratio the
661	numerator of which is of the sum of tax credits awarded to
662	productions in a region to date plus the tax credits certified,
663	but not yet awarded, to productions currently in that region and
664	the denominator of which is the sum of all tax credits awarded
665	in the state to date plus all tax credits certified, but not yet
666	awarded, to productions currently in the state. The regional tax
667	credit ratio applicable to a given year is the regional tax
668	credit ratio calculated by the Office of Film and Entertainment
669	using credit award and certification information available on
670	the first day of that fiscal year.
671	(n)  "Underutilized region" for a given state fiscal year
672	means a region with a regional tax credit ratio applicable to
673	that fiscal year that is lower than its regional population
674	ratio applicable to that fiscal year. The following regions are
675	established for purposes of making this determination:
676	1.  North Region, consisting of Alachua, Baker, Bay,
677	Bradford, Calhoun, Clay, Columbia, Dixie, Duval, Escambia,
678	Franklin, Gadsden, Gilchrist, Gulf, Hamilton, Holmes, Jackson,
679	Jefferson, Lafayette, Leon, Levy, Liberty, Madison, Nassau,
680	Okaloosa, Putnam, Santa Rosa, St. Johns, Suwannee, Taylor,
681	Union, Wakulla, Walton, and Washington counties.
682	2.  Central East Region, consisting of Brevard, Flagler,
683	Indian River, Lake, Okeechobee, Orange, Osceola, Seminole, St.
684	Lucie, and Volusia counties.
685	3.  Central West Region, consisting of Citrus, Hernando,
686	Hillsborough, Manatee, Marion, Polk, Pasco, Pinellas, Sarasota,
687	and Sumter counties.
688	4.  Southwest Region, consisting of Charlotte, Collier,
689	DeSoto, Glades, Hardee, Hendry, Highlands, and Lee counties.
690	5.  Southeast Region, consisting of Broward, Martin, Miami-
691	Dade, Monroe, and Palm Beach counties.
692	(3)  APPLICATION PROCEDURE; APPROVAL PROCESS.-
693	(c)  Application process.-The Office of Film and
694	Entertainment shall establish a process by which an application
695	is accepted and reviewed and by which tax credit eligibility and
696	award amount are determined. The Office of Film and
697	Entertainment may request assistance from a duly appointed local
698	film commission in determining compliance with this section. A
699	high-impact television series may submit an application for no
700	more than two successive seasons, notwithstanding the fact that
701	the successive season has not been ordered. The successive
702	season qualified expenditure amounts shall be based on the
703	current season's estimated qualified expenditures.
704	(e)  Grounds for denial.-The Office of Film and
705	Entertainment shall deny an application if it determines that
706	the application is not complete or the production or application
707	does not meet the requirements of this section. Within 90 days
708	after submitting a program application, except with respect to
709	applications in the independent Florida filmmaker queue, a
710	production must establish verification of project financing to
711	the Office of Film and Entertainment, otherwise the project is
712	deemed denied and removed from the respective queue. A project
713	that has been denied is eligible for resubmittal upon proof of
714	financing.
715	(4)  TAX CREDIT ELIGIBILITY; TAX CREDIT AWARDS; QUEUES;
716	ELECTION AND DISTRIBUTION; CARRYFORWARD; CONSOLIDATED RETURNS;
717	PARTNERSHIP AND NONCORPORATE DISTRIBUTIONS; MERGERS AND
718	ACQUISITIONS.-
719	(b)  Tax credit eligibility.-
720	1.  General production queue.-Ninety-four percent of tax
721	credits authorized pursuant to subsection (6) in any state
722	fiscal year must be dedicated to the general production queue.
723	The general production queue consists of all qualified
724	productions other than those eligible for the commercial and
725	music video queue or the independent and emerging media
726	production queue. A qualified production that demonstrates a
727	minimum of $625,000 in qualified expenditures is eligible for
728	tax credits equal to 20 percent of its actual qualified
729	expenditures, up to a maximum of $8 million. A qualified
730	production that incurs qualified expenditures during multiple
731	state fiscal years may combine those expenditures to satisfy the
732	$625,000 minimum threshold.
733	a.  An off-season certified production that is a feature
734	film, independent film, or television series or pilot is
735	eligible for an additional 5-percent tax credit on actual
736	qualified expenditures. An off-season certified production that
737	does not complete 75 percent of principal photography due to a
738	disruption caused by a hurricane or tropical storm may not be
739	disqualified from eligibility for the additional 5-percent
740	credit as a result of the disruption.
741	b.  The calculations required by this sub-subparagraph
742	shall use only credits available to be certified and awarded on
743	or after July 1, 2011.
744	(I)  If less than 35 percent of the sum of the total tax
745	credits awarded to productions and the total tax credits
746	certified, but not yet awarded, to productions currently in this
747	state has been to high-impact television series, any A qualified
748	high-impact television series shall be allowed first position in
749	this queue for tax credit awards not yet certified.
750	(II)  If less than 20 percent of the sum of the total tax
751	credits awarded to productions and the total tax credits
752	certified, but not yet awarded, to productions currently in this
753	state has been to digital media projects, any digital media
754	project shall be allowed first position in this queue for tax
755	credit awards not yet certified.
756	(III)  For the purposes of determining position between a
757	high-impact television series allowed first position and a
758	digital media project allowed first position under this sub-
759	subparagraph, tax credits shall be awarded on a first-come,
760	first-served basis.
761	c.  A qualified production that incurs at least 85 percent
762	of its qualified expenditures within a region designated as an
763	underutilized region at the time that the production is
764	certified is eligible for an additional 5 percent tax credit.
765	d.  Any qualified production that employs students enrolled
766	full-time in a film and entertainment-related or digital media-
767	related course of study at an institution of higher education in
768	this state is eligible for an additional 15 percent tax credit
769	on qualified expenditures that are wages, salaries, or other
770	compensation paid to such students.
771	e.  A qualified production for which 50 percent or more of
772	its principal photography occurs at a qualified production
773	facility is eligible for an additional 5 percent tax credit on
774	actual qualified expenditures.
775	2.  Commercial and music video queue.-Three percent of tax
776	credits authorized pursuant to subsection (6) in any state
777	fiscal year must be dedicated to the commercial and music video
778	queue. A qualified production company that produces national or
779	regional commercials or music videos may be eligible for a tax
780	credit award if it demonstrates a minimum of $100,000 in
781	qualified expenditures per national or regional commercial or
782	music video and exceeds a combined threshold of $500,000 after
783	combining actual qualified expenditures from qualified
784	commercials and music videos during a single state fiscal year.
785	After a qualified production company that produces commercials,
786	music videos, or both reaches the threshold of $500,000, it is
787	eligible to apply for certification for a tax credit award. The
788	maximum credit award shall be equal to 20 percent of its actual
789	qualified expenditures up to a maximum of $500,000. If there is
790	a surplus at the end of a fiscal year after the Office of Film
791	and Entertainment certifies and determines the tax credits for
792	all qualified commercial and video projects, such surplus tax
793	credits shall be carried forward to the following fiscal year
794	and be available to any eligible qualified productions under the
795	general production queue.
796	3.  Independent and emerging media production queue.-Three
797	percent of tax credits authorized pursuant to subsection (6) in
798	any state fiscal year must be dedicated to the independent and
799	emerging media production queue. This queue is intended to
800	encourage Florida independent film and emerging media
801	production. Any qualified production, excluding commercials,
802	infomercials, or music videos, that demonstrates at least
803	$100,000, but not more than $625,000, in total qualified
804	expenditures is eligible for tax credits equal to 20 percent of
805	its actual qualified expenditures. If a surplus exists at the
806	end of a fiscal year after the Office of Film and Entertainment
807	certifies and determines the tax credits for all qualified
808	independent and emerging media production projects, such surplus
809	tax credits shall be carried forward to the following fiscal
810	year and be available to any eligible qualified productions
811	under the general production queue.
812	4.  Family-friendly productions.-A certified theatrical or
813	direct-to-video motion picture production or video game
814	determined by the Commissioner of Film and Entertainment, with
815	the advice of the Florida Film and Entertainment Advisory
816	Council, to be family-friendly, based on the review of the
817	script and the review of the final release version, is eligible
818	for an additional tax credit equal to 5 percent of its actual
819	qualified expenditures. Family-friendly productions are those
820	that have cross-generational appeal; would be considered
821	suitable for viewing by children age 5 or older; are appropriate
822	in theme, content, and language for a broad family audience;
823	embody a responsible resolution of issues; and do not exhibit or
824	imply any act of smoking, sex, nudity, or vulgar or profane
825	language.
826	(7)  ANNUAL ALLOCATION OF TAX CREDITS.-
827	(a)  The aggregate amount of the tax credits that may be
828	certified pursuant to paragraph (3)(d) may not exceed:
829	1.  For fiscal year 2010-2011, $53.5 million.
830	2.  For fiscal year 2011-2012, $74.5 million.
831	3.  For fiscal years 2012-2013, 2013-2014, and 2014-2015,
832	$50 $38 million per fiscal year.
833	Section 17.  Subsection (5) of section 288.1258, Florida
834	Statutes, is amended to read:
835	288.1258  Entertainment industry qualified production
836	companies; application procedure; categories; duties of the
837	Department of Revenue; records and reports.-
838	(5)  RELATIONSHIP OF TAX EXEMPTIONS AND INCENTIVES TO
839	INDUSTRY GROWTH; REPORT TO THE LEGISLATURE.-The Office of Film
840	and Entertainment shall keep annual records from the information
841	provided on taxpayer applications for tax exemption certificates
842	beginning January 1, 2001. These records shall reflect a ratio
843	of the annual amount of sales and use tax exemptions under this
844	section and incentives awarded pursuant to s. 288.1254 to the
845	estimated amount of funds expended by certified productions,
846	including productions that received incentives pursuant to s.
847	288.1254. These records also shall reflect a separate ratio of
848	the annual amount of sales and use tax exemptions under this
849	section, plus the incentives awarded pursuant to s. 288.1254 to
850	the estimated amount of funds expended by certified productions.
851	In addition, the office shall maintain data showing annual
852	growth in Florida-based entertainment industry companies and
853	entertainment industry employment and wages. The employment
854	information shall include an estimate of the full-time
855	equivalent positions created by each production that received
856	tax credits pursuant to s. 288.1254. The Office of Film and
857	Entertainment shall report this information to the Legislature
858	no later than December 1 of each year.
859	Section 18.  Effective January 1, 2012, paragraph (d) is
860	added to subsection (6) of section 290.0055, Florida Statutes,
861	to read:
862	290.0055  Local nominating procedure.-
863	(6)
864	(d)1.  The governing body of a jurisdiction which has
865	nominated an application for an enterprise zone that is no
866	larger than 12 square miles and includes a portion of the state
867	designated as a rural area of critical economic concern under s.
868	288.0656(7) may apply to the Office of Tourism, Trade, and
869	Economic Development to expand the boundary of the enterprise
870	zone by not more than 3 square miles. An application to expand
871	the boundary of an enterprise zone under this paragraph must be
872	submitted by December 31, 2012.
873	2.  Notwithstanding the area limitations specified in
874	subsection (4), the Office of Tourism, Trade, and Economic
875	Development may approve the request for a boundary amendment if
876	the area continues to satisfy the remaining requirements of this
877	section.
878	3.  The Office of Tourism, Trade, and Economic Development
879	shall establish the initial effective date of an enterprise zone
880	designated under this paragraph.
881	Section 19.  Effective January 1, 2012, section 290.00726,
882	Florida Statutes, is created to read:
883	290.00726  Enterprise zone designation for Martin County.-
884	Martin County may apply to the Office of Tourism, Trade, and
885	Economic Development for designation of one enterprise zone for
886	an area within Martin County, which zone shall encompass an area
887	of up to 10 square miles consisting of land within the primary
888	urban services boundary and focusing on Indiantown, but
889	excluding property owned by Florida Power and Light to the west,
890	two areas to the north designated as estate residential, and the
891	county-owned Timer Powers Recreational Area. Within the
892	designated enterprise zone, Martin County shall exempt
893	residential condominiums from benefiting from state enterprise
894	zone incentives, unless prohibited by law. The application must
895	have been submitted by December 31, 2011, and must comply with
896	the requirements of s. 290.0055. Notwithstanding s. 290.0065
897	limiting the total number of enterprise zones designated and the
898	number of enterprise zones within a population category, the
899	Office of Tourism, Trade, and Economic Development may designate
900	one enterprise zone under this section. The Office of Tourism,
901	Trade, and Economic Development shall establish the initial
902	effective date of the enterprise zone designated under this
903	section.
904	Section 20.  Section 290.00727, Florida Statutes, is
905	created to read:
906	290.00727  Enterprise zone designation for the City of Palm
907	Bay.-The City of Palm Bay may apply to the Office of Tourism,
908	Trade, and Economic Development for designation of one
909	enterprise zone for an area within the northeast portion of the
910	city, which zone shall encompass an area of up to 5 square
911	miles. The application must have been submitted by December 31,
912	2011, and must comply with the requirements of s. 290.0055.
913	Notwithstanding s. 290.0065 limiting the total number of
914	enterprise zones designated and the number of enterprise zones
915	within a population category, the Office of Tourism, Trade, and
916	Economic Development may designate one enterprise zone under
917	this section. The Office of Tourism, Trade, and Economic
918	Development shall establish the initial effective date of the
919	enterprise zone designated under this section.
920	Section 21.  Effective January 1, 2012, subsection (1) of
921	section 334.30, Florida Statutes, is amended to read:
922	334.30  Public-private transportation facilities.-The
923	Legislature finds and declares that there is a public need for
924	the rapid construction of safe and efficient transportation
925	facilities for the purpose of traveling within the state, and
926	that it is in the public's interest to provide for the
927	construction of additional safe, convenient, and economical
928	transportation facilities.
929	(1)  The department may receive or solicit proposals and,
930	with legislative approval as evidenced by approval of the
931	project in the department's work program, enter into agreements
932	with private entities, or consortia thereof, for the building,
933	operation, ownership, or financing of transportation facilities.
934	The department may advance projects programmed in the adopted 5-
935	year work program or projects increasing transportation capacity
936	and greater than $500 million in the 10-year Strategic
937	Intermodal Plan using funds provided by public-private
938	partnerships or private entities to be reimbursed from
939	department funds for the project as programmed in the adopted
940	work program. The department shall by rule establish an
941	application fee for the submission of unsolicited proposals
942	under this section. The fee must be sufficient to pay the costs
943	of evaluating the proposals. The department may engage the
944	services of private consultants to assist in the evaluation.
945	Before approval, the department must determine that the proposed
946	project:
947	(a)  Is in the public's best interest;
948	(b)  Would not require state funds to be used unless the
949	project is on the State Highway System;
950	(c)  Would have adequate safeguards in place to ensure that
951	no additional costs or service disruptions would be realized by
952	the traveling public and residents of the state in the event of
953	default or cancellation of the agreement by the department;
954	(d)  Would have adequate safeguards in place to ensure that
955	the department or the private entity has the opportunity to add
956	capacity to the proposed project and other transportation
957	facilities serving similar origins and destinations; and
958	(e)  Would be owned by the department upon completion or
959	termination of the agreement.
960
961	The department shall ensure that all reasonable costs to the
962	state, related to transportation facilities that are not part of
963	the State Highway System, are borne by the private entity. The
964	department shall also ensure that all reasonable costs to the
965	state and substantially affected local governments and
966	utilities, related to the private transportation facility, are
967	borne by the private entity for transportation facilities that
968	are owned by private entities. For projects on the State Highway
969	System, the department may use state resources to participate in
970	funding and financing the project as provided for under the
971	department's enabling legislation. Because the Legislature
972	recognizes that private entities or consortia thereof would
973	perform a governmental or public purpose or function when they
974	enter into agreements with the department to design, build,
975	operate, own, or finance transportation facilities, the
976	transportation facilities, including leasehold interests
977	thereof, are exempt from ad valorem taxes as provided in chapter
978	196 to the extent property is owned by the state or other
979	government entity, and from intangible taxes as provided in
980	chapter 199 and special assessments of the state, any city,
981	town, county, special district, political subdivision of the
982	state, or any other governmental entity. The private entities or
983	consortia thereof are exempt from tax imposed by chapter 201 on
984	all documents or obligations to pay money which arise out of the
985	agreements to design, build, operate, own, lease, or finance
986	transportation facilities. Any private entities or consortia
987	thereof must pay any applicable corporate taxes as provided in
988	chapter chapters 220 and 221, and unemployment compensation
989	taxes as provided in chapter 443, and sales and use tax as
990	provided in chapter 212 shall be applicable. The private
991	entities or consortia thereof must also register and collect the
992	tax imposed by chapter 212 on all their direct sales and leases
993	that are subject to tax under chapter 212. The agreement between
994	the private entity or consortia thereof and the department
995	establishing a transportation facility under this chapter
996	constitutes documentation sufficient to claim any exemption
997	under this section.
998	Section 22.  Effective January 1, 2012, subsection (4),
999	paragraph (a) of subsection (6), and subsection (7) of section
1000	624.509, Florida Statutes, are amended to read:
1001	624.509  Premium tax; rate and computation.-
1002	(4)  The income tax imposed under chapter 220 and the
1003	emergency excise tax imposed under chapter 221 which is are paid
1004	by any insurer shall be credited against, and to the extent
1005	thereof shall discharge, the liability for tax imposed by this
1006	section for the annual period in which such tax payments are
1007	made. As to any insurer issuing policies insuring against loss
1008	or damage from the risks of fire, tornado, and certain casualty
1009	lines, the tax imposed by this section, as intended and
1010	contemplated by this subsection, shall be construed to mean the
1011	net amount of such tax remaining after there has been credited
1012	thereon such gross premium receipts tax as may be payable by
1013	such insurer in pursuance of the imposition of such tax by any
1014	incorporated cities or towns in the state for firefighters'
1015	relief and pension funds and police officers' retirement funds
1016	maintained in such cities or towns, as provided in and by
1017	relevant provisions of the Florida Statutes. For purposes of
1018	this subsection, payments of estimated income tax under chapter
1019	220 and of estimated emergency excise tax under chapter 221
1020	shall be deemed paid either at the time the insurer actually
1021	files its annual returns under chapter 220 or at the time such
1022	returns are required to be filed, whichever first occurs, and
1023	not at such earlier time as such payments of estimated tax are
1024	actually made.
1025	(6)(a)  The total of the credit granted for the taxes paid
1026	by the insurer under chapter chapters 220 and 221 and the credit
1027	granted by subsection (5) may shall not exceed 65 percent of the
1028	tax due under subsection (1) after deducting therefrom the taxes
1029	paid by the insurer under ss. 175.101 and 185.08 and any
1030	assessments pursuant to s. 440.51.
1031	(7)  Credits and deductions against the tax imposed by this
1032	section shall be taken in the following order: deductions for
1033	assessments made pursuant to s. 440.51; credits for taxes paid
1034	under ss. 175.101 and 185.08; credits for income taxes paid
1035	under chapter 220, the emergency excise tax paid under chapter
1036	221 and the credit allowed under subsection (5), as these
1037	credits are limited by subsection (6); all other available
1038	credits and deductions.
1039	Section 23.  Effective January 1, 2012, subsection (1) of
1040	section 624.51055, Florida Statutes, is amended to read:
1041	624.51055  Credit for contributions to eligible nonprofit
1042	scholarship-funding organizations.-
1043	(1)  There is allowed a credit of 100 percent of an
1044	eligible contribution made to an eligible nonprofit scholarship-
1045	funding organization under s. 1002.395 against any tax due for a
1046	taxable year under s. 624.509(1). However, such a credit may not
1047	exceed 75 percent of the tax due under s. 624.509(1) after
1048	deducting from such tax deductions for assessments made pursuant
1049	to s. 440.51; credits for taxes paid under ss. 175.101 and
1050	185.08; credits for income taxes paid under chapter 220; credits
1051	for the emergency excise tax paid under chapter 221; and the
1052	credit allowed under s. 624.509(5), as such credit is limited by
1053	s. 624.509(6). An insurer claiming a credit against premium tax
1054	liability under this section shall not be required to pay any
1055	additional retaliatory tax levied pursuant to s. 624.5091 as a
1056	result of claiming such credit. Section 624.5091 does not limit
1057	such credit in any manner.
1058	Section 24.  (1)  The executive director of the Department
1059	of Revenue is authorized, and all conditions are deemed met, to
1060	adopt emergency rules under ss. 120.536(1) and 120.54(4),
1061	Florida Statutes, for the purpose of implementing this act.
1062	(2)  Notwithstanding any other provision of law, such
1063	emergency rules shall remain in effect for 6 months after the
1064	date adopted and may be renewed during the pendency of
1065	procedures to adopt permanent rules addressing the subject of
1066	the emergency rules.
1067	Section 25.  Effective July 1, 2011, there is appropriated
1068	for the 2011-2012 state fiscal year to the Office of Tourism,
1069	Trade, and Economic Development within the Executive Office of
1070	the Governor:
1071	(1)  The sum of $44,500,000 in nonrecurring funds from the
1072	General Revenue Fund to the State Economic Enhancement and
1073	Development Trust Fund for the purposes set forth in this
1074	section.
1075	(2)  The sum of $44,500,000 from the State Economic
1076	Enhancement and Development Trust Fund to the Office of Tourism,
1077	Trade and Economic Development within the Executive Office of
1078	the Governor for business expansion and creation opportunities
1079	using any one or more of the following incentive programs:
1080	(a)  Quick-response training for economic development
1081	pursuant to s. 288.047.
1082	(b)  The Incumbent Worker Training Program pursuant to s.
1083	445.003.
1084	(c)  Contracts for transportation projects pursuant to s.
1085	288.063.
1086	(d)  The qualified defense contractor and space flight
1087	business tax refund program pursuant to s. 288.1045.
1088	(e)  The tax refund program for qualified target industry
1089	businesses pursuant to s. 288.106.
1090	(f)  Brownfield redevelopment bonus refunds pursuant to s.
1091	288.107.
1092	(g)  High-impact business pursuant to s. 288.108.
1093	(h)  The Quick Action Closing Fund pursuant to s. 288.1088.
1094	(i)  The Innovation Incentive Program pursuant to s.
1095	288.1089.
1096	(j)  Space Florida for business development.
1097	Section 26.  Except as otherwise expressly provided in this
1098	act, this act shall take effect July 1, 2011.

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