Florida Senate - 2013                                     SB 752
       
       
       
       By Senator Hukill
       
       
       
       
       8-00597-13                                             2013752__
    1                        A bill to be entitled                      
    2         An act relating to capital investment tax credits;
    3         amending ss. 220.191 and 288.108, F.S.; adding certain
    4         indoor agricultural enterprises to the list of high
    5         impact sectors eligible for the capital investment tax
    6         credit; providing an effective date.
    7  
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Paragraph (g) of subsection (1) of section
   11  220.191, Florida Statutes, is amended to read:
   12         220.191 Capital investment tax credit.—
   13         (1) DEFINITIONS.—For purposes of this section:
   14         (g) “Qualifying project” means a facility in this state
   15  meeting one or more of the following criteria:
   16         1. A new or expanding facility in this state which creates
   17  at least 100 new jobs in this state and is in one of the high
   18  impact sectors identified by Enterprise Florida, Inc., and
   19  certified by the Department of Economic Opportunity pursuant to
   20  s. 288.108(6), including, but not limited to, aviation,
   21  aerospace, automotive, and silicon technology industries and
   22  indoor agricultural enterprises that use alternative energy
   23  technologies. However, between July 1, 2011, and June 30, 2014,
   24  the requirement that a facility be in a high-impact sector is
   25  waived for any otherwise eligible business from another state
   26  which locates all or a portion of its business to a
   27  Disproportionally Affected County. For purposes of this section,
   28  the term “Disproportionally Affected County” means Bay County,
   29  Escambia County, Franklin County, Gulf County, Okaloosa County,
   30  Santa Rosa County, Walton County, or Wakulla County.
   31         2. A new or expanded facility in this state which is
   32  engaged in a target industry designated pursuant to the
   33  procedure specified in s. 288.106(2) and which is induced by
   34  this credit to create or retain at least 1,000 jobs in this
   35  state, provided that at least 100 of those jobs are new, pay an
   36  annual average wage of at least 130 percent of the average
   37  private sector wage in the area as defined in s. 288.106(2), and
   38  make a cumulative capital investment of at least $100 million.
   39  Jobs may be considered retained only if there is significant
   40  evidence that the loss of jobs is imminent. Notwithstanding
   41  subsection (2), annual credits against the tax imposed by this
   42  chapter may not exceed 50 percent of the increased annual
   43  corporate income tax liability or the premium tax liability
   44  generated by or arising out of a project qualifying under this
   45  subparagraph. A facility that qualifies under this subparagraph
   46  for an annual credit against the tax imposed by this chapter may
   47  take the tax credit for up to a period not to exceed 5 years.
   48         3. A new or expanded headquarters facility in this state
   49  which locates in an enterprise zone and brownfield area and is
   50  induced by this credit to create at least 1,500 jobs that, which
   51  on average, pay at least 200 percent of the statewide average
   52  annual private sector wage, as published by the Department of
   53  Economic Opportunity, and which new or expanded headquarters
   54  facility makes a cumulative capital investment in this state of
   55  at least $250 million.
   56         Section 2. Paragraph (i) of subsection (6) of section
   57  288.108, Florida Statutes, is amended to read:
   58         288.108 High-impact business.—
   59         (6) SELECTION AND DESIGNATION OF HIGH-IMPACT SECTORS.—
   60         (i) For the purposes of this subsection, a high-impact
   61  sector consists of the silicon technology sector and the indoor
   62  farming technology sector are high-impact sectors that
   63  Enterprise Florida, Inc., has found to be focused around the
   64  type of high-impact businesses for which the incentive created
   65  in this subsection is required and will create the kinds of
   66  sector-wide sector and economy-wide economy wide benefits that
   67  justify the use of state resources to encourage these
   68  investments and require substantial inducements to compete with
   69  the incentive packages offered by other states and nations.
   70         Section 3. This act shall take effect July 1, 2013.