Florida Senate - 2015                                    SB 1128
       
       
        
       By Senator Stargel
       
       
       
       
       
       15-00628-15                                           20151128__
    1                        A bill to be entitled                      
    2         An act relating to the capital investment tax credit;
    3         amending s. 220.191, F.S.; redefining and defining
    4         terms; revising the annual tax credit that may be
    5         granted for a qualifying project that has a date of
    6         certification on or after a specified date; decreasing
    7         the minimum amount of a cumulative capital investment
    8         that results in a qualifying project being ineligible
    9         for the tax credit; conforming cross-references;
   10         requiring the certification of a business as eligible
   11         to receive the tax credit, which is executed by the
   12         Department of Economic Opportunity, to be in writing
   13         and to include specified information; limiting the
   14         total amount of tax credits which may be granted
   15         annually to a specified amount; specifying procedures,
   16         requirements, and limitations for the tracking by the
   17         department of the total amount of tax credits granted
   18         annually; authorizing the Department of Revenue to
   19         adopt certain rules with respect to a qualifying
   20         project with a date of certification before a
   21         specified date; reenacting s. 288.1089(2)(d), F.S.,
   22         relating to the Innovation Incentive Program, to
   23         incorporate the amendment made to s. 220.191, F.S., in
   24         a reference thereto; providing an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Paragraph (b) of subsection (1) of section
   29  220.191, Florida Statutes, is amended, paragraphs (c) and (e)
   30  are added to that subsection, present paragraph (c) of that
   31  subsection is redesignated as paragraph (d), present paragraphs
   32  (d), (e), and (f) of that subsection are redesignated as
   33  paragraphs (f), (g), and (h), respectively, present paragraph
   34  (g) of that subsection is amended, and subsection (2), paragraph
   35  (a) of subsection (3), and subsections (5) and (8) of that
   36  section are amended, to read:
   37         220.191 Capital investment tax credit.—
   38         (1) DEFINITIONS.—For purposes of this section:
   39         (b) “Cumulative capital investment” for:
   40         1. New or expanding businesses means the total capital
   41  investment in land, buildings, and equipment made in connection
   42  with a qualifying project during the period from the beginning
   43  of construction of the project to the commencement of
   44  operations.
   45         2. Existing businesses means the total capital investment
   46  in land, buildings, and equipment made in connection with a
   47  qualifying project during a period of up to 5 years as
   48  determined by the Department of Economic Opportunity as part of
   49  the certification process.
   50         (c) “Date of certification” means the date that the
   51  Department of Economic Opportunity initially certifies in
   52  writing that a qualifying project is eligible for the capital
   53  investment tax credit. A revision of the terms of the
   54  certification, including a change to the cumulative capital
   55  investment, does not change the date of certification.
   56         (e) “Existing facility” means a facility that has been
   57  located in this state for at least 1 year before submitting an
   58  application to the Department of Economic Opportunity for
   59  certification pursuant to subsection (5).
   60         (i)(g) “Qualifying project” means a facility in this state
   61  meeting one or more of the following criteria:
   62         1. A new or expanding facility in this state which creates
   63  at least 100 new jobs in this state and is in one of the high
   64  impact sectors identified by Enterprise Florida, Inc., and
   65  certified by the Department of Economic Opportunity pursuant to
   66  s. 288.108(6), including, but not limited to, aviation,
   67  aerospace, automotive, and silicon technology industries.
   68  However, between July 1, 2011, and June 30, 2014, the
   69  requirement that a facility be in a high-impact sector is waived
   70  for any otherwise eligible business from another state which
   71  locates all or a portion of its business to a Disproportionally
   72  Affected County. For purposes of this section, the term
   73  “Disproportionally Affected County” means Bay County, Escambia
   74  County, Franklin County, Gulf County, Okaloosa County, Santa
   75  Rosa County, Walton County, or Wakulla County.
   76         2. A new or expanded facility in this state which is
   77  engaged in a target industry designated pursuant to the
   78  procedure specified in s. 288.106(2) and which is induced by
   79  this credit to create or retain at least 1,000 jobs in this
   80  state, provided that at least 100 of those jobs that are new,
   81  pay an annual average wage of at least 115 130 percent of the
   82  average private sector wage in the area as defined in s.
   83  288.106(2), and make a cumulative capital investment of at least
   84  $100 million. Jobs may be considered retained only if there is
   85  significant evidence that the loss of jobs is imminent.
   86  Notwithstanding subsection (2), annual credits against the tax
   87  imposed by this chapter may not exceed 50 percent of the
   88  increased annual corporate income tax liability or the premium
   89  tax liability generated by or arising out of a project
   90  qualifying under this subparagraph. A facility that qualifies
   91  under this subparagraph for an annual credit against the tax
   92  imposed by this chapter may take the tax credit for a period not
   93  to exceed 5 years.
   94         3. A new or expanded facility in this state which is
   95  engaged in a target industry designated pursuant to the
   96  procedure specified in s. 288.106(2), and which is induced by
   97  this credit to create at least 1,000 jobs paying an annual wage
   98  of at least 100 percent of the average private sector wage in
   99  the area as defined in s. 288.106(2), and makes a cumulative
  100  capital investment of at least $100 million.
  101         4.3. A new or expanded headquarters facility in this state
  102  which locates in an enterprise zone and brownfield area and is
  103  induced by this credit to create at least 1,500 jobs which on
  104  average pay at least 200 percent of the statewide average annual
  105  private sector wage, as published by the Department of Economic
  106  Opportunity, and which new or expanded headquarters facility
  107  makes a cumulative capital investment in this state of at least
  108  $250 million.
  109         5. An existing facility that is engaged in a target
  110  industry designated pursuant to the procedure specified in s.
  111  288.106(2), and that makes a cumulative capital investment in
  112  this state of at least $25 million.
  113         6. A new facility that is engaged in a target industry
  114  designated pursuant s. 288.106(2) that makes a cumulative
  115  capital investment of at least $10 million but less than $25
  116  million, and that is located in a rural area of opportunity as
  117  defined in s. 288.0656.
  118         (2)(a) An annual credit against the tax imposed by this
  119  chapter shall be granted to a any qualifying business in an
  120  amount equal to 5 percent of the eligible capital costs
  121  generated by a qualifying project, for a period not to exceed 20
  122  years beginning with the commencement of operations of the
  123  project.
  124         (a) For a qualifying project with a date of certification
  125  before July 1, 2015, unless assigned as described in this
  126  subsection:
  127         1., The tax credit shall be granted against only the
  128  corporate income tax liability or the premium tax liability
  129  generated by or arising out of the qualifying project, and the
  130  sum of all tax credits granted provided pursuant to this section
  131  may shall not exceed 100 percent of the eligible capital costs
  132  of the project. A In no event may any credit granted under this
  133  section may not be carried forward or backward by a any
  134  qualifying business with respect to a subsequent or prior year.
  135         2. The annual tax credit granted under this section shall
  136  not exceed the following percentages of the annual corporate
  137  income tax liability or the premium tax liability generated by
  138  or arising out of a qualifying project:
  139         a.1. One hundred percent for a qualifying project that
  140  which results in a cumulative capital investment of at least
  141  $100 million.
  142         b.2. Seventy-five percent for a qualifying project that
  143  which results in a cumulative capital investment of at least $50
  144  million but less than $100 million.
  145         c.3. Fifty percent for a qualifying project that which
  146  results in a cumulative capital investment of at least $25
  147  million but less than $50 million.
  148         (b) For a qualifying project with a date of certification
  149  on or after July 1, 2015:
  150         1. The tax credit shall be granted against the annual
  151  corporate income tax liability or the premium tax liability, and
  152  the sum of all tax credits granted pursuant to this section may
  153  not exceed 100 percent of the eligible capital costs of the
  154  project. A credit granted under this section may not be carried
  155  forward or backward by a qualifying business with respect to a
  156  subsequent or prior year.
  157         2. The annual tax credit granted under this section may not
  158  exceed the following percentages of the annual corporate income
  159  tax liability or the premium tax liability:
  160         a. One hundred percent for a qualifying project that
  161  results in a cumulative capital investment of at least $100
  162  million.
  163         b. Seventy-five percent for a qualifying project that
  164  results in a cumulative capital investment of at least $50
  165  million but less than $100 million.
  166         c. Fifty percent for a qualifying project that results in a
  167  cumulative capital investment of at least $25 million but less
  168  than $50 million.
  169         d. One hundred percent for a qualifying project that
  170  results in a cumulative capital investment of at least $10
  171  million but less than $25 million and occurs in a rural area of
  172  opportunity as defined in s. 288.0656.
  173         (c)(b) A qualifying project that which results in a
  174  cumulative capital investment of less than $10 $25 million is
  175  not eligible for the capital investment tax credit. An insurance
  176  company claiming a credit against premium tax liability under
  177  this program may shall not be required to pay any additional
  178  retaliatory tax levied pursuant to s. 624.5091 as a result of
  179  claiming such credit. Because credits under this section are
  180  available to an insurance company, s. 624.5091 does not limit
  181  such credit in any manner.
  182         (d)(c) A qualifying business that establishes a qualifying
  183  project that includes locating a new solar panel manufacturing
  184  facility in this state that generates a minimum of 400 jobs
  185  within 6 months after commencement of operations with an average
  186  salary of at least $50,000 may assign or transfer the annual
  187  credit, or any portion thereof, granted under this section to
  188  any other business. However, the amount of the tax credit that
  189  may be transferred in any year shall be the lesser of the
  190  qualifying business’s state corporate income tax liability for
  191  that year, as limited by the percentages applicable under
  192  paragraph (a) or paragraph (b) and as calculated prior to taking
  193  any credit pursuant to this section, or the credit amount
  194  granted for that year. A business receiving the transferred or
  195  assigned credits may use the credits only in the year received,
  196  and the credits may not be carried forward or backward. To
  197  perfect the transfer, the transferor shall provide the
  198  department with a written transfer statement notifying the
  199  department of the transferor’s intent to transfer the tax
  200  credits to the transferee; the date the transfer is effective;
  201  the transferee’s name, address, and federal taxpayer
  202  identification number; the tax period; and the amount of tax
  203  credits to be transferred. The department shall, upon receipt of
  204  a transfer statement conforming to the requirements of this
  205  paragraph, provide the transferee with a certificate reflecting
  206  the tax credit amounts transferred. A copy of the certificate
  207  must be attached to each tax return for which the transferee
  208  seeks to apply such tax credits.
  209         (e)(d) If the credit granted under sub-subparagraph (a)2.a.
  210  or sub-subparagraph (b)2.a. subparagraph (a)1. is not fully used
  211  in any one year because of insufficient tax liability on the
  212  part of the qualifying business, the unused amounts may be used
  213  in any one year or years beginning with the 21st year after the
  214  commencement of operations of the project and ending the 30th
  215  year after the commencement of operations of the project.
  216         (3)(a) Notwithstanding subsection (2), an annual credit
  217  against the tax imposed by this chapter shall be granted to a
  218  qualifying business which establishes a qualifying project
  219  pursuant to subparagraph (1)(i)4. subparagraph (1)(g)3., in an
  220  amount equal to the lesser of $15 million or 5 percent of the
  221  eligible capital costs made in connection with a qualifying
  222  project, for a period not to exceed 20 years beginning with the
  223  commencement of operations of the project. The tax credit shall
  224  be granted against the corporate income tax liability of the
  225  qualifying business and as further provided in paragraph (c).
  226  The total tax credit provided pursuant to this subsection shall
  227  be equal to no more than 100 percent of the eligible capital
  228  costs of the qualifying project.
  229         (5)(a) Applications shall be reviewed and certified
  230  pursuant to s. 288.061. The Department of Economic Opportunity,
  231  upon a recommendation by Enterprise Florida, Inc., shall first
  232  certify in writing a business as eligible to receive tax credits
  233  pursuant to this section prior to the commencement of operations
  234  of a qualifying project, and such certification shall be
  235  transmitted to the Department of Revenue. The certification must
  236  state the anticipated cumulative capital investment and the date
  237  of the commencement of operations if applicable. Upon receipt of
  238  the certification, the Department of Revenue shall enter into a
  239  written agreement with the qualifying business specifying, at a
  240  minimum, the method by which income generated by or arising out
  241  of the qualifying project will be determined.
  242         (b) Beginning July 1, 2015, the total amount of tax credits
  243  granted under this section may not exceed $50 million annually.
  244  The Department of Economic Opportunity shall track the value of
  245  all credits certified on or after July 1, 2015. If the
  246  certification of an applicant would make the cumulative value of
  247  all credits exceed $50 million annually, the project must be
  248  denied certification for the credit. To determine whether the
  249  $50 million cap will be met, the Department of Economic
  250  Opportunity must assume that each project will use the full
  251  value of 5 percent of the cumulative capital investment. If the
  252  amount of a project’s cumulative capital investment decreases
  253  between the date of certification and the commencement of
  254  operations, the Department of Economic Opportunity shall
  255  correspondingly revise its assessment of the available
  256  allocation for this credit. The Department of Economic
  257  Opportunity may not increase the value of a tax credit in excess
  258  of the amount specified in the letter of certification. A
  259  revision of the amount of cumulative capital investment does not
  260  change the date of certification for the project.
  261         (8) For a qualifying project with a date of certification
  262  before July 1, 2015, the Department of Revenue may specify by
  263  rule the methods by which a project’s pro forma annual taxable
  264  income is determined.
  265         Section 2. For the purpose of incorporating the amendment
  266  made by this act to section 220.191, Florida Statutes, in a
  267  reference thereto, paragraph (d) of subsection (2) of section
  268  288.1089, Florida Statutes, is reenacted to read:
  269         288.1089 Innovation Incentive Program.—
  270         (2) As used in this section, the term:
  271         (d) “Cumulative investment” means cumulative capital
  272  investment and all eligible capital costs, as defined in s.
  273  220.191.
  274         Section 3. This act shall take effect July 1, 2015.