Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1166
       
       
       
       
       
       
                                Ì857016%Î857016                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/16/2024           .                                
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       The Committee on Commerce and Tourism (DiCeglie) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 220.197, Florida Statutes, is created to
    6  read:
    7         220.197Main Street Historical Tourism and Revitalization
    8  Act; tax credits; reports.—
    9         (1)SHORT TITLE.—This act may be cited as the “Main Street
   10  Historical Tourism and Revitalization Act.”
   11         (2)DEFINITIONS.—As used in this section, the term:
   12         (a)“Active Main Street program” means an area
   13  participating under a recognized, coordinated Main Street
   14  America licensed program or the Orlando Main Streets program. An
   15  Active Main Street program must:
   16         1.Have broad-based community support for the commercial
   17  district revitalization process with strong support from the
   18  public and private sectors.
   19         2.Have a developed vision and mission statement relevant
   20  to community conditions.
   21         3.Have a comprehensive work plan.
   22         4.Possess a historic preservation ethic.
   23         5.Have an active board of directors and committees.
   24         6.Have an adequate operating budget.
   25         7.Have a paid professional program manager.
   26         8.Conduct a program of ongoing training for staff and
   27  volunteers.
   28         9.Report key statistics.
   29         10.Be a current, designated Florida Main Street program.
   30         (b)“Affordable housing unit” means a housing unit that is
   31  affordable, as defined in s. 420.0004(3).
   32         (c)“Certified historic structure” means a building,
   33  including its structural components, as defined in 36 C.F.R. s.
   34  67.2, which is of a character subject to the allowance for
   35  depreciation provided in s. 167 of the Internal Revenue Code of
   36  1986, as amended, and which is:
   37         1.Individually listed in the National Register of Historic
   38  Places; or
   39         2.Located within a registered historic district and
   40  certified by the United States Secretary of the Interior as
   41  being of historic significance to the registered historic
   42  district as set forth in 36 C.F.R. s. 67.2.
   43         (d)“Certified rehabilitation” means the rehabilitation of
   44  a certified historic structure that the United States Secretary
   45  of the Interior has certified to the United States Secretary of
   46  the Treasury as being consistent with the historic character of
   47  the certified historic structure and, if applicable, consistent
   48  with the registered historic district in which the certified
   49  historic structure is located as set forth in 36 C.F.R. s. 67.2.
   50         (e)“Division” means the Division of Historical Resources
   51  of the Department of State.
   52         (f)“Florida Main Street program” means a statewide
   53  historic preservation-based downtown revitalization assistance
   54  program created, maintained, and administered by the division
   55  under s. 267.031(5).
   56         (g)“Local program area” means the specific geographic area
   57  in which an Active Main Street program is conducted as approved
   58  and maintained by the division or in which the Orlando Main
   59  Streets program is conducted.
   60         (h)“Long-term leasehold” means a leasehold in a
   61  nonresidential real property for a term of 39 years or more or a
   62  leasehold in a residential real property for a term of 27.5
   63  years or more.
   64         (i)“National Register of Historic Places” means the list
   65  of historic properties significant in American history,
   66  architecture, archeology, engineering, and culture maintained by
   67  the United States Secretary of the Interior as authorized in 54
   68  U.S.C. s. 302101.
   69         (j)“Orlando Main Streets program” means a historic
   70  preservation-based district revitalization program administered
   71  by the City of Orlando.
   72         (k)“Placed in service” means when the property is placed
   73  in a condition or state of readiness and availability for a
   74  specifically assigned function. A building is placed in service
   75  when the appropriate work has been completed which would allow
   76  for occupancy of either the entire building or some identifiable
   77  portion of the building as detailed in Treasury Regulation 1.46
   78  3(d).
   79         (l)“Qualified expenses” means rehabilitation expenditures
   80  that qualify for the credit under 26 U.S.C. s. 47 incurred in
   81  this state.
   82         (m)“Registered historic district” means a district listed
   83  in the National Register of Historic Places or a district:
   84         1.Designated under general law or local ordinance and
   85  certified by the United States Secretary of the Interior as
   86  meeting criteria that will substantially achieve the purposes of
   87  preserving and rehabilitating buildings of historic significance
   88  to the district; and
   89         2.Certified by the United States Secretary of the Interior
   90  as meeting substantially all of the requirements for listing a
   91  district in the National Register of Historic Places.
   92         (3)ELIGIBILITY FOR TAX CREDIT.—For taxable years beginning
   93  on or after January 1, 2025, there is allowed a credit against
   94  any tax due for a taxable year under this chapter after the
   95  application of any other allowable credits by the taxpayer.
   96         (a)To claim and receive a tax credit under this section, a
   97  taxpayer must submit an application to the department for a tax
   98  credit for qualified expenses in the amount and under the
   99  conditions and limitations provided in this section against the
  100  tax due for a taxable year under this chapter and must provide
  101  the department with all of the following:
  102         1.An official certificate of eligibility from the
  103  division, signed by the State Historic Preservation Officer or
  104  the Deputy State Historic Preservation Officer, attesting that
  105  the project has been approved by the National Park Service and
  106  indicating whether the project is located within a local program
  107  area in this state.
  108         2.National Park Service Form 10-168c (Rev. 2023), titled
  109  “Historic Preservation Certification Application Part 3-Request
  110  for Certification of Completed Work,” or a similar form, signed
  111  by an officer of the National Park Service, attesting that the
  112  completed rehabilitation meets the United States Secretary of
  113  the Interior’s Standards for Rehabilitation and is consistent
  114  with the historic character of the property and, if applicable,
  115  the district in which the completed rehabilitation is located.
  116  The form may be obtained through the National Park Service.
  117         3.An identification of the dates during which the
  118  certified historic structure was rehabilitated and the date on
  119  which the certified historic structure was placed in service.
  120         4.Documentation that the taxpayer had an ownership or a
  121  long-term leasehold interest in the certified historic structure
  122  in the year during which such structure was placed in service
  123  after the certified rehabilitation was completed.
  124         5.A list of total qualified expenses incurred by the
  125  taxpayer in rehabilitating the certified historic structure. The
  126  taxpayer must submit an audited cost report issued by a
  127  certified public accountant which itemizes the qualified
  128  expenses incurred in rehabilitating the certified historic
  129  structure.
  130         6.An attestation of the total qualified expenses incurred
  131  in this state by the taxpayer in rehabilitating the certified
  132  historic structure in this state.
  133         7.The information required to be reported by the
  134  department in subsection (8) to enable the department to compile
  135  its annual report.
  136         (b)Within 60 days after receipt of the information
  137  required under paragraph (a), the department must approve or
  138  deny the application. If approved, the department must provide a
  139  letter of certification to the taxpayer consistent with any
  140  restrictions imposed. If the department denies any part of the
  141  requested credit, the department must inform the taxpayer of the
  142  grounds for the denial.
  143         (4)AMOUNT AND DISTRIBUTION OF TAX CREDIT.—
  144         (a)The total tax credit claimed annually may not exceed
  145  the amount of tax due after any other applicable tax credits and
  146  may not exceed the following:
  147         1.Twenty percent, up to a maximum of $200,000, of the
  148  total qualified expenses incurred in this state in
  149  rehabilitating at least one certified historic structure that
  150  has been approved by the National Park Service to receive the
  151  federal historic rehabilitation tax credit; or
  152         2.Thirty percent, up to a maximum of $200,000, of the
  153  total qualified expenses incurred in this state in
  154  rehabilitating at least one certified historic structure that
  155  has been approved by the National Park Service to receive the
  156  federal historic rehabilitation tax credit and that is located
  157  within a local program area in this state.
  158         (b)The tax credit may be used to offset the corporate
  159  income tax imposed in s. 220.11 and the insurance premium tax
  160  imposed in s. 624.509. An insurer claiming a credit against
  161  insurance premium tax liability under this section may not be
  162  required to pay any additional retaliatory tax levied pursuant
  163  to s. 624.5091 as a result of claiming such credit. Section
  164  624.5091 does not limit such credit in any manner.
  165         (c)The combined total amount of tax credits that may be
  166  granted for all taxpayers under this section is $25 million per
  167  state fiscal year.
  168         (d)A taxpayer may not receive more than $1 million in tax
  169  credits for a single development project, even if such credits
  170  are accrued over multiple tax years. However, additional tax
  171  credits purchased from another taxpayer or entity, and carryover
  172  tax credits from a prior tax year, may be used by such taxpayer
  173  if the additional tax credits were accrued from a different
  174  development project.
  175         (e)The department shall award the tax credits on a first
  176  come, first-served basis.
  177         (f)If the annual amount of approved tax credits exceeds
  178  the maximum provided in paragraph (c), applications must be
  179  rolled forward to be granted by the department during the
  180  following fiscal year.
  181         (5)CARRYFORWARD OF TAX CREDIT.—
  182         (a)If a taxpayer is eligible for a tax credit that exceeds
  183  taxes owed, the taxpayer may carry the unused tax credit forward
  184  for a period of up to 5 taxable years.
  185         (b)A carryforward is considered the remaining portion of a
  186  tax credit that cannot be claimed in the current tax year.
  187         (6)SALE OR TRANSFER OF TAX CREDIT.—
  188         (a)A taxpayer that incurs qualified expenses may sell or
  189  transfer all or part of the tax credit that may otherwise be
  190  claimed to another taxpayer.
  191         (b)A taxpayer to which all or part of the tax credit is
  192  sold or transferred may sell or transfer all or part of the tax
  193  credit that may otherwise be claimed to another taxpayer.
  194         (c)A taxpayer that sells or transfers a tax credit to
  195  another taxpayer must provide a copy of the certificate of
  196  eligibility together with the audited cost report to the
  197  purchaser or transferee.
  198         (d)Qualified expenses may be counted only once in
  199  determining the amount of an available tax credit, and more than
  200  one taxpayer may not claim a tax credit for the same qualified
  201  expenses.
  202         (e)There is a limit of two transactions for the sale or
  203  transfer of all or part of a tax credit.
  204         1.A taxpayer that sells or transfers a tax credit under
  205  this subsection and the purchaser or transferee shall jointly
  206  submit written notice of the sale or transfer to the department
  207  on a form adopted by the department no later than the 30th day
  208  after the date of the sale or transfer. The notice must include
  209  all of the following:
  210         a.The date of the sale or transfer.
  211         b.The amount of the tax credit sold or transferred.
  212         c.The name and federal tax identification number of the
  213  taxpayer that sold or transferred the tax credit and the
  214  purchaser or transferee.
  215         d.The amount of the tax credit owned by the taxpayer
  216  before the sale or transfer and the amount the selling or
  217  transferring taxpayer retained, if any, after the sale or
  218  transfer.
  219         2.The sale or transfer of a tax credit under this
  220  subsection does not extend the period for which a tax credit may
  221  be carried forward and does not increase the total amount of the
  222  tax credit that may be claimed.
  223         3.If a taxpayer claims a tax credit for qualified
  224  expenses, another taxpayer may not use the same expenses as the
  225  basis for claiming a tax credit.
  226         4.Notwithstanding the requirements of this subsection, a
  227  tax credit earned by, purchased by, or transferred to a
  228  partnership, limited liability company, S corporation, or other
  229  pass-through entity may be allocated to the partners, members,
  230  or shareholders of that entity and claimed under this section in
  231  accordance with any agreement among the partners, members, or
  232  shareholders and without regard to the ownership interest of the
  233  partners, members, or shareholders in the rehabilitated
  234  certified historic structure.
  235         (f)If the tax credit is reduced due to a determination,
  236  examination, or audit by the department, the tax deficiency must
  237  be recovered from the taxpayer that sold or transferred the tax
  238  credit or the purchaser or transferee that claimed the tax
  239  credit up to the amount of the tax credit taken.
  240         (g)Any subsequent deficiencies shall be assessed against
  241  the purchaser or transferee that claimed the tax credit or, in
  242  the case of multiple succeeding entities, in the order of tax
  243  credit succession.
  244         (7)AUDIT AUTHORITY; REVOCATION AND FORFEITURE OF TAX
  245  CREDITS; FRAUDULENT CLAIMS.—
  246         (a)The department may perform any additional financial and
  247  technical audits and examinations, including examining the
  248  accounts, books, or records of the taxpayer, to verify the
  249  legitimacy of the qualified expenses included in a tax credit
  250  return and to ensure compliance with this section. If requested
  251  by the department, the division must provide technical
  252  assistance for any technical audits or examinations performed
  253  under this subsection.
  254         (b)It is grounds for forfeiture of previously claimed and
  255  received tax credits if the department determines, as a result
  256  of an audit or information received from the division, the
  257  division, or the United States Department of the Interior or
  258  Internal Revenue Service, that a taxpayer received a tax credit
  259  pursuant to this section to which the taxpayer was not entitled.
  260  In the case of fraud, the taxpayer may not claim any future tax
  261  credits under this section.
  262         (c)The taxpayer must return forfeited tax credits to the
  263  department, and such funds shall be paid into the General
  264  Revenue Fund.
  265         (d)The taxpayer shall file with the department an amended
  266  tax return or such other report as the department prescribes and
  267  shall pay any required tax within 60 days after the taxpayer
  268  receives notification from the United States Internal Revenue
  269  Service that a previously approved tax credit has been revoked
  270  or modified, if uncontested, or within 60 days after a final
  271  order is issued following proceedings involving a contested
  272  revocation or modification order.
  273         (e)A notice of deficiency may be issued by the department
  274  at any time within 5 years after the date on which the taxpayer
  275  receives notification from the United States Internal Revenue
  276  Service that a previously approved tax credit has been revoked
  277  or modified. If a taxpayer fails to notify the department of any
  278  change in its tax credit claimed, a notice of deficiency may be
  279  issued at any time. In either case, the amount of any proposed
  280  assessment set forth in such notice of deficiency is limited to
  281  the amount of any deficiency resulting under this section from
  282  the recomputation of the taxpayer’s tax for the taxable year.
  283         (f)A taxpayer that fails to report and timely pay any tax
  284  due as a result of the forfeiture of its tax credit violates
  285  this section and is subject to applicable penalties and
  286  interest.
  287         (8)ANNUAL REPORT.—Based on the applications submitted and
  288  approved, the department must submit a report by December 1 of
  289  each year to the President of the Senate and the Speaker of the
  290  House of Representatives that identifies, in the aggregate, all
  291  of the following:
  292         (a)The number of people employed during the construction
  293  phases of the certified rehabilitation who worked to complete
  294  the project, including contractors and subcontractors.
  295         (b)The use of each newly rehabilitated building and the
  296  number of additional people employed for ongoing operations
  297  after the certified historic structure is placed in service.
  298         (c)The number of affordable housing units created or
  299  preserved.
  300         (d)The property values before and after the certified
  301  rehabilitations.
  302         (9)DEPARTMENT DUTIES.—The department shall:
  303         (a)Establish or amend any necessary forms required to
  304  claim a tax credit under this section.
  305         (b)Provide administrative guidelines and procedures
  306  required to administer this section, including rules
  307  establishing an entitlement to and sale or transfer of a tax
  308  credit under this section.
  309         (c)Provide examination and audit procedures required to
  310  administer this section.
  311         (10)RULES.—The department may adopt rules to administer
  312  this section.
  313         Section 2. Subsection (26) is added to section 213.053,
  314  Florida Statutes, to read:
  315         213.053 Confidentiality and information sharing.—
  316         (26)The department may make available to the Division of
  317  Historical Resources of the Department of State and the
  318  Secretary of the United States Department of the Interior or his
  319  or her delegate, exclusively for official purposes, information
  320  for the purposes of administering the Main Street Historical
  321  Tourism and Revitalization Act pursuant to s. 220.197.
  322         Section 3. Subsection (8) of section 220.02, Florida
  323  Statutes, is amended to read:
  324         220.02 Legislative intent.—
  325         (8) It is the intent of the Legislature that credits
  326  against either the corporate income tax or the franchise tax be
  327  applied in the following order: those enumerated in s. 631.828,
  328  those enumerated in s. 220.191, those enumerated in s. 220.181,
  329  those enumerated in s. 220.183, those enumerated in s. 220.182,
  330  those enumerated in s. 220.1895, those enumerated in s. 220.195,
  331  those enumerated in s. 220.184, those enumerated in s. 220.186,
  332  those enumerated in s. 220.1845, those enumerated in s. 220.19,
  333  those enumerated in s. 220.185, those enumerated in s. 220.1875,
  334  those enumerated in s. 220.1876, those enumerated in s.
  335  220.1877, those enumerated in s. 220.1878, those enumerated in
  336  s. 220.193, those enumerated in former s. 288.9916, those
  337  enumerated in former s. 220.1899, those enumerated in former s.
  338  220.194, those enumerated in s. 220.196, those enumerated in s.
  339  220.198, those enumerated in s. 220.1915, those enumerated in s.
  340  220.199, and those enumerated in s. 220.1991, and those
  341  enumerated in s. 220.197.
  342         Section 4. Paragraph (a) of subsection (1) of section
  343  220.13, Florida Statutes, is amended to read:
  344         220.13 “Adjusted federal income” defined.—
  345         (1) The term “adjusted federal income” means an amount
  346  equal to the taxpayer’s taxable income as defined in subsection
  347  (2), or such taxable income of more than one taxpayer as
  348  provided in s. 220.131, for the taxable year, adjusted as
  349  follows:
  350         (a) Additions.—There shall be added to such taxable income:
  351         1.a. The amount of any tax upon or measured by income,
  352  excluding taxes based on gross receipts or revenues, paid or
  353  accrued as a liability to the District of Columbia or any state
  354  of the United States which is deductible from gross income in
  355  the computation of taxable income for the taxable year.
  356         b. Notwithstanding sub-subparagraph a., if a credit taken
  357  under s. 220.1875, s. 220.1876, s. 220.1877, or s. 220.1878 is
  358  added to taxable income in a previous taxable year under
  359  subparagraph 11. and is taken as a deduction for federal tax
  360  purposes in the current taxable year, the amount of the
  361  deduction allowed shall not be added to taxable income in the
  362  current year. The exception in this sub-subparagraph is intended
  363  to ensure that the credit under s. 220.1875, s. 220.1876, s.
  364  220.1877, or s. 220.1878 is added in the applicable taxable year
  365  and does not result in a duplicate addition in a subsequent
  366  year.
  367         2. The amount of interest which is excluded from taxable
  368  income under s. 103(a) of the Internal Revenue Code or any other
  369  federal law, less the associated expenses disallowed in the
  370  computation of taxable income under s. 265 of the Internal
  371  Revenue Code or any other law, excluding 60 percent of any
  372  amounts included in alternative minimum taxable income, as
  373  defined in s. 55(b)(2) of the Internal Revenue Code, if the
  374  taxpayer pays tax under s. 220.11(3).
  375         3. In the case of a regulated investment company or real
  376  estate investment trust, an amount equal to the excess of the
  377  net long-term capital gain for the taxable year over the amount
  378  of the capital gain dividends attributable to the taxable year.
  379         4. That portion of the wages or salaries paid or incurred
  380  for the taxable year which is equal to the amount of the credit
  381  allowable for the taxable year under s. 220.181. This
  382  subparagraph shall expire on the date specified in s. 290.016
  383  for the expiration of the Florida Enterprise Zone Act.
  384         5. That portion of the ad valorem school taxes paid or
  385  incurred for the taxable year which is equal to the amount of
  386  the credit allowable for the taxable year under s. 220.182. This
  387  subparagraph shall expire on the date specified in s. 290.016
  388  for the expiration of the Florida Enterprise Zone Act.
  389         6. The amount taken as a credit under s. 220.195 which is
  390  deductible from gross income in the computation of taxable
  391  income for the taxable year.
  392         7. That portion of assessments to fund a guaranty
  393  association incurred for the taxable year which is equal to the
  394  amount of the credit allowable for the taxable year.
  395         8. In the case of a nonprofit corporation which holds a
  396  pari-mutuel permit and which is exempt from federal income tax
  397  as a farmers’ cooperative, an amount equal to the excess of the
  398  gross income attributable to the pari-mutuel operations over the
  399  attributable expenses for the taxable year.
  400         9. The amount taken as a credit for the taxable year under
  401  s. 220.1895.
  402         10. Up to nine percent of the eligible basis of any
  403  designated project which is equal to the credit allowable for
  404  the taxable year under s. 220.185.
  405         11. Any amount taken as a credit for the taxable year under
  406  s. 220.1875, s. 220.1876, s. 220.1877, or s. 220.1878. The
  407  addition in this subparagraph is intended to ensure that the
  408  same amount is not allowed for the tax purposes of this state as
  409  both a deduction from income and a credit against the tax. This
  410  addition is not intended to result in adding the same expense
  411  back to income more than once.
  412         12. The amount taken as a credit for the taxable year under
  413  s. 220.193.
  414         13. The amount taken as a credit for the taxable year under
  415  s. 220.196. The addition in this subparagraph is intended to
  416  ensure that the same amount is not allowed for the tax purposes
  417  of this state as both a deduction from income and a credit
  418  against the tax. The addition is not intended to result in
  419  adding the same expense back to income more than once.
  420         14. The amount taken as a credit for the taxable year
  421  pursuant to s. 220.198.
  422         15. The amount taken as a credit for the taxable year
  423  pursuant to s. 220.1915.
  424         16. The amount taken as a credit for the taxable year
  425  pursuant to s. 220.199.
  426         17. The amount taken as a credit for the taxable year
  427  pursuant to s. 220.1991.
  428         18.The amount taken as a credit for the taxable year
  429  pursuant to s. 220.197.
  430         Section 5. Subsection (7) of section 624.509, Florida
  431  Statutes, is amended to read:
  432         624.509 Premium tax; rate and computation.—
  433         (7) Credits and deductions against the tax imposed by this
  434  section shall be taken in the following order: deductions for
  435  assessments made pursuant to s. 440.51; credits for taxes paid
  436  under ss. 175.101 and 185.08; credits for income taxes paid
  437  under chapter 220 and the credit allowed under subsection (5),
  438  as these credits are limited by subsection (6); the credit
  439  allowed under s. 624.51057; the credit allowed under s.
  440  624.51058; the credit allowed under s. 624.5095; and all other
  441  available credits and deductions.
  442         Section 6. Section 624.5095, Florida Statutes, is created
  443  to read:
  444         624.5095Premium tax credits related to historic
  445  preservation.—
  446         (1)Tax credits accrued through a certified rehabilitation
  447  as defined in s. 220.197 and 36 C.F.R. s. 67.2 may be used
  448  against any tax due for the taxable year under s. 624.509(1), as
  449  limited under s. 624.509(6).
  450         (2)The certified rehabilitation may either be completed by
  451  the insurer pursuant to s. 220.197 or the insurer may purchase
  452  the tax credit from a different entity that accrued or purchased
  453  the tax credit pursuant s. 220.197.
  454         (3)An insurer claiming a tax credit under this section is
  455  not required to pay any additional retaliatory tax levied
  456  pursuant to s. 624.5091 as a result of claiming such credit. The
  457  tax credit under this section is not limited by s. 624.5091.
  458         Section 7. (1)The Department of Revenue may, and all
  459  conditions are deemed met to, adopt emergency rules under s.
  460  120.54(4), Florida Statutes, for the purpose of implementing the
  461  Main Street Historical Tourism and Revitalization Act.
  462         (2)Notwithstanding any other law, emergency rules adopted
  463  under this section are effective for 6 months after adoption and
  464  may be renewed during the pendency of procedures to adopt
  465  permanent rules addressing the subject of the emergency rules.
  466         (3)This section shall take effect upon this act becoming a
  467  law and expires July 1, 2025.
  468         Section 8. This act applies to taxable years beginning, and
  469  for qualified expenses incurred, on or after January 1, 2025.
  470         Section 9. Except as otherwise expressly provided in this
  471  act and except for this section, which shall take effect upon
  472  becoming a law, this act shall take effect July 1, 2024.
  473  
  474  ================= T I T L E  A M E N D M E N T ================
  475  And the title is amended as follows:
  476         Delete everything before the enacting clause
  477  and insert:
  478                        A bill to be entitled                      
  479         An act relating to the Florida Main Street Program and
  480         historic preservation tax credits; creating s.
  481         220.197, F.S.; providing a short title; defining
  482         terms; specifying eligibility requirements for
  483         receiving specified tax credits; specifying
  484         requirements for the Department of Revenue relating to
  485         approving and denying certain applications and
  486         granting credits; specifying requirements for such tax
  487         credits; requiring that applications be rolled forward
  488         in certain circumstances; authorizing the
  489         carryforward, sale, and transfer of such tax credits;
  490         providing a limitation; authorizing the department to
  491         perform certain audits and examinations; specifying
  492         requirements for taxpayers; authorizing the department
  493         to issue a notice of deficiency under certain
  494         circumstances; providing penalties; requiring the
  495         department to submit specified annual reports to the
  496         Legislature; providing duties of the department;
  497         authorizing the department to adopt rules; amending s.
  498         213.053, F.S.; authorizing the department to make
  499         certain information available to the Division of
  500         Historical Resources and the Secretary of the United
  501         States Department of the Interior for specified
  502         purposes; amending s. 220.02, F.S.; revising the order
  503         in which tax credits against the corporate income tax
  504         or the franchise tax are applied; amending s. 220.13,
  505         F.S.; revising the definition of the term “adjusted
  506         federal income”; amending s. 624.509, F.S.; revising
  507         the order in which tax credits and deductions against
  508         the insurance premium tax are applied; creating s.
  509         624.5095, F.S.; authorizing certain tax credits to be
  510         used against a specified tax; providing applicability;
  511         providing construction; authorizing the Department of
  512         Revenue to adopt emergency rules for a specified
  513         timeframe; providing for expiration of such authority;
  514         providing applicability; providing effective dates.
  515  
  516         WHEREAS, historic revitalization creates highly paid local
  517  construction jobs, and
  518         WHEREAS, historic rehabilitation increases the value of
  519  buildings and results in a growing state and local tax base, and
  520         WHEREAS, historic revitalization boosts heritage tourism
  521  and creates thriving downtowns that are attractive to main
  522  street businesses, and
  523         WHEREAS, reusing historic buildings creates affordable
  524  spaces for small business incubation, and
  525         WHEREAS, repurposing historic buildings saves resources and
  526  activates vacant spaces, and
  527         WHEREAS, historic rehabilitation projects leverage
  528  significant private investment, and
  529         WHEREAS, leveraging state tax incentives increases the
  530  effectiveness of federal Historic Preservation Tax Incentives
  531  and the Opportunity Zones Program to encourage the historic
  532  preservation of existing buildings, and
  533         WHEREAS, an increase in rehabilitation activity occurs when
  534  a state incentive is combined with federal Historic Preservation
  535  Tax Incentives, and
  536         WHEREAS, many historic buildings in this state need safety
  537  upgrades and other improvements that require both public and
  538  private investment to return these buildings as assets of their
  539  local communities, NOW, THEREFORE,