Florida Senate - 2024                             CS for SB 1166
       
       
        
       By the Committee on Commerce and Tourism; and Senator DiCeglie
       
       
       
       
       
       577-02151-24                                          20241166c1
    1                        A bill to be entitled                      
    2         An act relating to the Florida Main Street Program and
    3         historic preservation tax credits; creating s.
    4         220.197, F.S.; providing a short title; defining
    5         terms; specifying eligibility requirements for
    6         receiving specified tax credits; specifying
    7         requirements for the Department of Revenue relating to
    8         approving and denying certain applications and
    9         granting credits; specifying requirements for such tax
   10         credits; requiring that applications be rolled forward
   11         in certain circumstances; authorizing the
   12         carryforward, sale, and transfer of such tax credits;
   13         providing a limitation; authorizing the department to
   14         perform certain audits and examinations; specifying
   15         requirements for taxpayers; authorizing the department
   16         to issue a notice of deficiency under certain
   17         circumstances; providing penalties; requiring the
   18         department to submit specified annual reports to the
   19         Legislature; providing duties of the department;
   20         authorizing the department to adopt rules; amending s.
   21         213.053, F.S.; authorizing the department to make
   22         certain information available to the Division of
   23         Historical Resources and the Secretary of the United
   24         States Department of the Interior for specified
   25         purposes; amending s. 220.02, F.S.; revising the order
   26         in which tax credits against the corporate income tax
   27         or the franchise tax are applied; amending s. 220.13,
   28         F.S.; revising the definition of the term “adjusted
   29         federal income”; amending s. 624.509, F.S.; revising
   30         the order in which tax credits and deductions against
   31         the insurance premium tax are applied; creating s.
   32         624.5095, F.S.; authorizing certain tax credits to be
   33         used against a specified tax; providing applicability;
   34         providing construction; authorizing the Department of
   35         Revenue to adopt emergency rules for a specified
   36         timeframe; providing for expiration of such authority;
   37         providing applicability; providing effective dates.
   38  
   39         WHEREAS, historic revitalization creates highly paid local
   40  construction jobs, and
   41         WHEREAS, historic rehabilitation increases the value of
   42  buildings and results in a growing state and local tax base, and
   43         WHEREAS, historic revitalization boosts heritage tourism
   44  and creates thriving downtowns that are attractive to main
   45  street businesses, and
   46         WHEREAS, reusing historic buildings creates affordable
   47  spaces for small business incubation, and
   48         WHEREAS, repurposing historic buildings saves resources and
   49  activates vacant spaces, and
   50         WHEREAS, historic rehabilitation projects leverage
   51  significant private investment, and
   52         WHEREAS, leveraging state tax incentives increases the
   53  effectiveness of federal Historic Preservation Tax Incentives
   54  and the Opportunity Zones Program to encourage the historic
   55  preservation of existing buildings, and
   56         WHEREAS, an increase in rehabilitation activity occurs when
   57  a state incentive is combined with federal Historic Preservation
   58  Tax Incentives, and
   59         WHEREAS, many historic buildings in this state need safety
   60  upgrades and other improvements that require both public and
   61  private investment to return these buildings as assets of their
   62  local communities, NOW, THEREFORE,
   63  
   64  Be It Enacted by the Legislature of the State of Florida:
   65  
   66         Section 1. Section 220.197, Florida Statutes, is created to
   67  read:
   68         220.197Main Street Historical Tourism and Revitalization
   69  Act; tax credits; reports.—
   70         (1)SHORT TITLE.—This act may be cited as the “Main Street
   71  Historical Tourism and Revitalization Act.”
   72         (2)DEFINITIONS.—As used in this section, the term:
   73         (a)“Active Main Street program” means an area
   74  participating under a recognized, coordinated Main Street
   75  America licensed program or the Orlando Main Streets program. An
   76  Active Main Street program must:
   77         1.Have broad-based community support for the commercial
   78  district revitalization process with strong support from the
   79  public and private sectors.
   80         2.Have a developed vision and mission statement relevant
   81  to community conditions.
   82         3.Have a comprehensive work plan.
   83         4.Possess a historic preservation ethic.
   84         5.Have an active board of directors and committees.
   85         6.Have an adequate operating budget.
   86         7.Have a paid professional program manager.
   87         8.Conduct a program of ongoing training for staff and
   88  volunteers.
   89         9.Report key statistics.
   90         10.Be a current, designated Florida Main Street program.
   91         (b)“Affordable housing unit” means a housing unit that is
   92  affordable, as defined in s. 420.0004(3).
   93         (c)“Certified historic structure” means a building,
   94  including its structural components, as defined in 36 C.F.R. s.
   95  67.2, which is of a character subject to the allowance for
   96  depreciation provided in s. 167 of the Internal Revenue Code of
   97  1986, as amended, and which is:
   98         1.Individually listed in the National Register of Historic
   99  Places; or
  100         2.Located within a registered historic district and
  101  certified by the United States Secretary of the Interior as
  102  being of historic significance to the registered historic
  103  district as set forth in 36 C.F.R. s. 67.2.
  104         (d)“Certified rehabilitation” means the rehabilitation of
  105  a certified historic structure that the United States Secretary
  106  of the Interior has certified to the United States Secretary of
  107  the Treasury as being consistent with the historic character of
  108  the certified historic structure and, if applicable, consistent
  109  with the registered historic district in which the certified
  110  historic structure is located as set forth in 36 C.F.R. s. 67.2.
  111         (e)“Division” means the Division of Historical Resources
  112  of the Department of State.
  113         (f)“Florida Main Street program” means a statewide
  114  historic preservation-based downtown revitalization assistance
  115  program created, maintained, and administered by the division
  116  under s. 267.031(5).
  117         (g)“Local program area” means the specific geographic area
  118  in which an Active Main Street program is conducted as approved
  119  and maintained by the division or in which the Orlando Main
  120  Streets program is conducted.
  121         (h)“Long-term leasehold” means a leasehold in a
  122  nonresidential real property for a term of 39 years or more or a
  123  leasehold in a residential real property for a term of 27.5
  124  years or more.
  125         (i)“National Register of Historic Places” means the list
  126  of historic properties significant in American history,
  127  architecture, archeology, engineering, and culture maintained by
  128  the United States Secretary of the Interior as authorized in 54
  129  U.S.C. s. 302101.
  130         (j)“Orlando Main Streets program” means a historic
  131  preservation-based district revitalization program administered
  132  by the City of Orlando.
  133         (k)“Placed in service” means when the property is placed
  134  in a condition or state of readiness and availability for a
  135  specifically assigned function. A building is placed in service
  136  when the appropriate work has been completed which would allow
  137  for occupancy of either the entire building or some identifiable
  138  portion of the building as detailed in Treasury Regulation 1.46
  139  3(d).
  140         (l)“Qualified expenses” means rehabilitation expenditures
  141  that qualify for the credit under 26 U.S.C. s. 47 incurred in
  142  this state.
  143         (m)“Registered historic district” means a district listed
  144  in the National Register of Historic Places or a district:
  145         1.Designated under general law or local ordinance and
  146  certified by the United States Secretary of the Interior as
  147  meeting criteria that will substantially achieve the purposes of
  148  preserving and rehabilitating buildings of historic significance
  149  to the district; and
  150         2.Certified by the United States Secretary of the Interior
  151  as meeting substantially all of the requirements for listing a
  152  district in the National Register of Historic Places.
  153         (3)ELIGIBILITY FOR TAX CREDIT.—For taxable years beginning
  154  on or after January 1, 2025, there is allowed a credit against
  155  any tax due for a taxable year under this chapter after the
  156  application of any other allowable credits by the taxpayer.
  157         (a)To claim and receive a tax credit under this section, a
  158  taxpayer must submit an application to the department for a tax
  159  credit for qualified expenses in the amount and under the
  160  conditions and limitations provided in this section against the
  161  tax due for a taxable year under this chapter and must provide
  162  the department with all of the following:
  163         1.An official certificate of eligibility from the
  164  division, signed by the State Historic Preservation Officer or
  165  the Deputy State Historic Preservation Officer, attesting that
  166  the project has been approved by the National Park Service and
  167  indicating whether the project is located within a local program
  168  area in this state.
  169         2.National Park Service Form 10-168c (Rev. 2023), titled
  170  “Historic Preservation Certification Application Part 3-Request
  171  for Certification of Completed Work,” or a similar form, signed
  172  by an officer of the National Park Service, attesting that the
  173  completed rehabilitation meets the United States Secretary of
  174  the Interior’s Standards for Rehabilitation and is consistent
  175  with the historic character of the property and, if applicable,
  176  the district in which the completed rehabilitation is located.
  177  The form may be obtained through the National Park Service.
  178         3.An identification of the dates during which the
  179  certified historic structure was rehabilitated and the date on
  180  which the certified historic structure was placed in service.
  181         4.Documentation that the taxpayer had an ownership or a
  182  long-term leasehold interest in the certified historic structure
  183  in the year during which such structure was placed in service
  184  after the certified rehabilitation was completed.
  185         5.A list of total qualified expenses incurred by the
  186  taxpayer in rehabilitating the certified historic structure. The
  187  taxpayer must submit an audited cost report issued by a
  188  certified public accountant which itemizes the qualified
  189  expenses incurred in rehabilitating the certified historic
  190  structure.
  191         6.An attestation of the total qualified expenses incurred
  192  in this state by the taxpayer in rehabilitating the certified
  193  historic structure in this state.
  194         7.The information required to be reported by the
  195  department in subsection (8) to enable the department to compile
  196  its annual report.
  197         (b)Within 60 days after receipt of the information
  198  required under paragraph (a), the department must approve or
  199  deny the application. If approved, the department must provide a
  200  letter of certification to the taxpayer consistent with any
  201  restrictions imposed. If the department denies any part of the
  202  requested credit, the department must inform the taxpayer of the
  203  grounds for the denial.
  204         (4)AMOUNT AND DISTRIBUTION OF TAX CREDIT.—
  205         (a)The total tax credit claimed annually may not exceed
  206  the amount of tax due after any other applicable tax credits and
  207  may not exceed the following:
  208         1.Twenty percent, up to a maximum of $200,000, of the
  209  total qualified expenses incurred in this state in
  210  rehabilitating at least one certified historic structure that
  211  has been approved by the National Park Service to receive the
  212  federal historic rehabilitation tax credit; or
  213         2.Thirty percent, up to a maximum of $200,000, of the
  214  total qualified expenses incurred in this state in
  215  rehabilitating at least one certified historic structure that
  216  has been approved by the National Park Service to receive the
  217  federal historic rehabilitation tax credit and that is located
  218  within a local program area in this state.
  219         (b)The tax credit may be used to offset the corporate
  220  income tax imposed in s. 220.11 and the insurance premium tax
  221  imposed in s. 624.509. An insurer claiming a credit against
  222  insurance premium tax liability under this section may not be
  223  required to pay any additional retaliatory tax levied pursuant
  224  to s. 624.5091 as a result of claiming such credit. Section
  225  624.5091 does not limit such credit in any manner.
  226         (c)The combined total amount of tax credits that may be
  227  granted for all taxpayers under this section is $25 million per
  228  state fiscal year.
  229         (d)A taxpayer may not receive more than $1 million in tax
  230  credits for a single development project, even if such credits
  231  are accrued over multiple tax years. However, additional tax
  232  credits purchased from another taxpayer or entity, and carryover
  233  tax credits from a prior tax year, may be used by such taxpayer
  234  if the additional tax credits were accrued from a different
  235  development project.
  236         (e)The department shall award the tax credits on a first
  237  come, first-served basis.
  238         (f)If the annual amount of approved tax credits exceeds
  239  the maximum provided in paragraph (c), applications must be
  240  rolled forward to be granted by the department during the
  241  following fiscal year.
  242         (5)CARRYFORWARD OF TAX CREDIT.—
  243         (a)If a taxpayer is eligible for a tax credit that exceeds
  244  taxes owed, the taxpayer may carry the unused tax credit forward
  245  for a period of up to 5 taxable years.
  246         (b)A carryforward is considered the remaining portion of a
  247  tax credit that cannot be claimed in the current tax year.
  248         (6)SALE OR TRANSFER OF TAX CREDIT.—
  249         (a)A taxpayer that incurs qualified expenses may sell or
  250  transfer all or part of the tax credit that may otherwise be
  251  claimed to another taxpayer.
  252         (b)A taxpayer to which all or part of the tax credit is
  253  sold or transferred may sell or transfer all or part of the tax
  254  credit that may otherwise be claimed to another taxpayer.
  255         (c)A taxpayer that sells or transfers a tax credit to
  256  another taxpayer must provide a copy of the certificate of
  257  eligibility together with the audited cost report to the
  258  purchaser or transferee.
  259         (d)Qualified expenses may be counted only once in
  260  determining the amount of an available tax credit, and more than
  261  one taxpayer may not claim a tax credit for the same qualified
  262  expenses.
  263         (e)There is a limit of two transactions for the sale or
  264  transfer of all or part of a tax credit.
  265         1.A taxpayer that sells or transfers a tax credit under
  266  this subsection and the purchaser or transferee shall jointly
  267  submit written notice of the sale or transfer to the department
  268  on a form adopted by the department no later than the 30th day
  269  after the date of the sale or transfer. The notice must include
  270  all of the following:
  271         a.The date of the sale or transfer.
  272         b.The amount of the tax credit sold or transferred.
  273         c.The name and federal tax identification number of the
  274  taxpayer that sold or transferred the tax credit and the
  275  purchaser or transferee.
  276         d.The amount of the tax credit owned by the taxpayer
  277  before the sale or transfer and the amount the selling or
  278  transferring taxpayer retained, if any, after the sale or
  279  transfer.
  280         2.The sale or transfer of a tax credit under this
  281  subsection does not extend the period for which a tax credit may
  282  be carried forward and does not increase the total amount of the
  283  tax credit that may be claimed.
  284         3.If a taxpayer claims a tax credit for qualified
  285  expenses, another taxpayer may not use the same expenses as the
  286  basis for claiming a tax credit.
  287         4.Notwithstanding the requirements of this subsection, a
  288  tax credit earned by, purchased by, or transferred to a
  289  partnership, limited liability company, S corporation, or other
  290  pass-through entity may be allocated to the partners, members,
  291  or shareholders of that entity and claimed under this section in
  292  accordance with any agreement among the partners, members, or
  293  shareholders and without regard to the ownership interest of the
  294  partners, members, or shareholders in the rehabilitated
  295  certified historic structure.
  296         (f)If the tax credit is reduced due to a determination,
  297  examination, or audit by the department, the tax deficiency must
  298  be recovered from the taxpayer that sold or transferred the tax
  299  credit or the purchaser or transferee that claimed the tax
  300  credit up to the amount of the tax credit taken.
  301         (g)Any subsequent deficiencies shall be assessed against
  302  the purchaser or transferee that claimed the tax credit or, in
  303  the case of multiple succeeding entities, in the order of tax
  304  credit succession.
  305         (7)AUDIT AUTHORITY; REVOCATION AND FORFEITURE OF TAX
  306  CREDITS; FRAUDULENT CLAIMS.—
  307         (a)The department may perform any additional financial and
  308  technical audits and examinations, including examining the
  309  accounts, books, or records of the taxpayer, to verify the
  310  legitimacy of the qualified expenses included in a tax credit
  311  return and to ensure compliance with this section. If requested
  312  by the department, the division must provide technical
  313  assistance for any technical audits or examinations performed
  314  under this subsection.
  315         (b)It is grounds for forfeiture of previously claimed and
  316  received tax credits if the department determines, as a result
  317  of an audit or information received from the division, the
  318  division, or the United States Department of the Interior or
  319  Internal Revenue Service, that a taxpayer received a tax credit
  320  pursuant to this section to which the taxpayer was not entitled.
  321  In the case of fraud, the taxpayer may not claim any future tax
  322  credits under this section.
  323         (c)The taxpayer must return forfeited tax credits to the
  324  department, and such funds shall be paid into the General
  325  Revenue Fund.
  326         (d)The taxpayer shall file with the department an amended
  327  tax return or such other report as the department prescribes and
  328  shall pay any required tax within 60 days after the taxpayer
  329  receives notification from the United States Internal Revenue
  330  Service that a previously approved tax credit has been revoked
  331  or modified, if uncontested, or within 60 days after a final
  332  order is issued following proceedings involving a contested
  333  revocation or modification order.
  334         (e)A notice of deficiency may be issued by the department
  335  at any time within 5 years after the date on which the taxpayer
  336  receives notification from the United States Internal Revenue
  337  Service that a previously approved tax credit has been revoked
  338  or modified. If a taxpayer fails to notify the department of any
  339  change in its tax credit claimed, a notice of deficiency may be
  340  issued at any time. In either case, the amount of any proposed
  341  assessment set forth in such notice of deficiency is limited to
  342  the amount of any deficiency resulting under this section from
  343  the recomputation of the taxpayer’s tax for the taxable year.
  344         (f)A taxpayer that fails to report and timely pay any tax
  345  due as a result of the forfeiture of its tax credit violates
  346  this section and is subject to applicable penalties and
  347  interest.
  348         (8)ANNUAL REPORT.—Based on the applications submitted and
  349  approved, the department must submit a report by December 1 of
  350  each year to the President of the Senate and the Speaker of the
  351  House of Representatives that identifies, in the aggregate, all
  352  of the following:
  353         (a)The number of people employed during the construction
  354  phases of the certified rehabilitation who worked to complete
  355  the project, including contractors and subcontractors.
  356         (b)The use of each newly rehabilitated building and the
  357  number of additional people employed for ongoing operations
  358  after the certified historic structure is placed in service.
  359         (c)The number of affordable housing units created or
  360  preserved.
  361         (d)The property values before and after the certified
  362  rehabilitations.
  363         (9)DEPARTMENT DUTIES.—The department shall:
  364         (a)Establish or amend any necessary forms required to
  365  claim a tax credit under this section.
  366         (b)Provide administrative guidelines and procedures
  367  required to administer this section, including rules
  368  establishing an entitlement to and sale or transfer of a tax
  369  credit under this section.
  370         (c)Provide examination and audit procedures required to
  371  administer this section.
  372         (10)RULES.—The department may adopt rules to administer
  373  this section.
  374         Section 2. Subsection (26) is added to section 213.053,
  375  Florida Statutes, to read:
  376         213.053 Confidentiality and information sharing.—
  377         (26)The department may make available to the Division of
  378  Historical Resources of the Department of State and the
  379  Secretary of the United States Department of the Interior or his
  380  or her delegate, exclusively for official purposes, information
  381  for the purposes of administering the Main Street Historical
  382  Tourism and Revitalization Act pursuant to s. 220.197.
  383         Section 3. Subsection (8) of section 220.02, Florida
  384  Statutes, is amended to read:
  385         220.02 Legislative intent.—
  386         (8) It is the intent of the Legislature that credits
  387  against either the corporate income tax or the franchise tax be
  388  applied in the following order: those enumerated in s. 631.828,
  389  those enumerated in s. 220.191, those enumerated in s. 220.181,
  390  those enumerated in s. 220.183, those enumerated in s. 220.182,
  391  those enumerated in s. 220.1895, those enumerated in s. 220.195,
  392  those enumerated in s. 220.184, those enumerated in s. 220.186,
  393  those enumerated in s. 220.1845, those enumerated in s. 220.19,
  394  those enumerated in s. 220.185, those enumerated in s. 220.1875,
  395  those enumerated in s. 220.1876, those enumerated in s.
  396  220.1877, those enumerated in s. 220.1878, those enumerated in
  397  s. 220.193, those enumerated in former s. 288.9916, those
  398  enumerated in former s. 220.1899, those enumerated in former s.
  399  220.194, those enumerated in s. 220.196, those enumerated in s.
  400  220.198, those enumerated in s. 220.1915, those enumerated in s.
  401  220.199, and those enumerated in s. 220.1991, and those
  402  enumerated in s. 220.197.
  403         Section 4. Paragraph (a) of subsection (1) of section
  404  220.13, Florida Statutes, is amended to read:
  405         220.13 “Adjusted federal income” defined.—
  406         (1) The term “adjusted federal income” means an amount
  407  equal to the taxpayer’s taxable income as defined in subsection
  408  (2), or such taxable income of more than one taxpayer as
  409  provided in s. 220.131, for the taxable year, adjusted as
  410  follows:
  411         (a) Additions.—There shall be added to such taxable income:
  412         1.a. The amount of any tax upon or measured by income,
  413  excluding taxes based on gross receipts or revenues, paid or
  414  accrued as a liability to the District of Columbia or any state
  415  of the United States which is deductible from gross income in
  416  the computation of taxable income for the taxable year.
  417         b. Notwithstanding sub-subparagraph a., if a credit taken
  418  under s. 220.1875, s. 220.1876, s. 220.1877, or s. 220.1878 is
  419  added to taxable income in a previous taxable year under
  420  subparagraph 11. and is taken as a deduction for federal tax
  421  purposes in the current taxable year, the amount of the
  422  deduction allowed shall not be added to taxable income in the
  423  current year. The exception in this sub-subparagraph is intended
  424  to ensure that the credit under s. 220.1875, s. 220.1876, s.
  425  220.1877, or s. 220.1878 is added in the applicable taxable year
  426  and does not result in a duplicate addition in a subsequent
  427  year.
  428         2. The amount of interest which is excluded from taxable
  429  income under s. 103(a) of the Internal Revenue Code or any other
  430  federal law, less the associated expenses disallowed in the
  431  computation of taxable income under s. 265 of the Internal
  432  Revenue Code or any other law, excluding 60 percent of any
  433  amounts included in alternative minimum taxable income, as
  434  defined in s. 55(b)(2) of the Internal Revenue Code, if the
  435  taxpayer pays tax under s. 220.11(3).
  436         3. In the case of a regulated investment company or real
  437  estate investment trust, an amount equal to the excess of the
  438  net long-term capital gain for the taxable year over the amount
  439  of the capital gain dividends attributable to the taxable year.
  440         4. That portion of the wages or salaries paid or incurred
  441  for the taxable year which is equal to the amount of the credit
  442  allowable for the taxable year under s. 220.181. This
  443  subparagraph shall expire on the date specified in s. 290.016
  444  for the expiration of the Florida Enterprise Zone Act.
  445         5. That portion of the ad valorem school taxes paid or
  446  incurred for the taxable year which is equal to the amount of
  447  the credit allowable for the taxable year under s. 220.182. This
  448  subparagraph shall expire on the date specified in s. 290.016
  449  for the expiration of the Florida Enterprise Zone Act.
  450         6. The amount taken as a credit under s. 220.195 which is
  451  deductible from gross income in the computation of taxable
  452  income for the taxable year.
  453         7. That portion of assessments to fund a guaranty
  454  association incurred for the taxable year which is equal to the
  455  amount of the credit allowable for the taxable year.
  456         8. In the case of a nonprofit corporation which holds a
  457  pari-mutuel permit and which is exempt from federal income tax
  458  as a farmers’ cooperative, an amount equal to the excess of the
  459  gross income attributable to the pari-mutuel operations over the
  460  attributable expenses for the taxable year.
  461         9. The amount taken as a credit for the taxable year under
  462  s. 220.1895.
  463         10. Up to nine percent of the eligible basis of any
  464  designated project which is equal to the credit allowable for
  465  the taxable year under s. 220.185.
  466         11. Any amount taken as a credit for the taxable year under
  467  s. 220.1875, s. 220.1876, s. 220.1877, or s. 220.1878. The
  468  addition in this subparagraph is intended to ensure that the
  469  same amount is not allowed for the tax purposes of this state as
  470  both a deduction from income and a credit against the tax. This
  471  addition is not intended to result in adding the same expense
  472  back to income more than once.
  473         12. The amount taken as a credit for the taxable year under
  474  s. 220.193.
  475         13. The amount taken as a credit for the taxable year under
  476  s. 220.196. The addition in this subparagraph is intended to
  477  ensure that the same amount is not allowed for the tax purposes
  478  of this state as both a deduction from income and a credit
  479  against the tax. The addition is not intended to result in
  480  adding the same expense back to income more than once.
  481         14. The amount taken as a credit for the taxable year
  482  pursuant to s. 220.198.
  483         15. The amount taken as a credit for the taxable year
  484  pursuant to s. 220.1915.
  485         16. The amount taken as a credit for the taxable year
  486  pursuant to s. 220.199.
  487         17. The amount taken as a credit for the taxable year
  488  pursuant to s. 220.1991.
  489         18.The amount taken as a credit for the taxable year
  490  pursuant to s. 220.197.
  491         Section 5. Subsection (7) of section 624.509, Florida
  492  Statutes, is amended to read:
  493         624.509 Premium tax; rate and computation.—
  494         (7) Credits and deductions against the tax imposed by this
  495  section shall be taken in the following order: deductions for
  496  assessments made pursuant to s. 440.51; credits for taxes paid
  497  under ss. 175.101 and 185.08; credits for income taxes paid
  498  under chapter 220 and the credit allowed under subsection (5),
  499  as these credits are limited by subsection (6); the credit
  500  allowed under s. 624.51057; the credit allowed under s.
  501  624.51058; the credit allowed under s. 624.5095; and all other
  502  available credits and deductions.
  503         Section 6. Section 624.5095, Florida Statutes, is created
  504  to read:
  505         624.5095Premium tax credits related to historic
  506  preservation.—
  507         (1)Tax credits accrued through a certified rehabilitation
  508  as defined in s. 220.197 and 36 C.F.R. s. 67.2 may be used
  509  against any tax due for the taxable year under s. 624.509(1), as
  510  limited under s. 624.509(6).
  511         (2)The certified rehabilitation may either be completed by
  512  the insurer pursuant to s. 220.197 or the insurer may purchase
  513  the tax credit from a different entity that accrued or purchased
  514  the tax credit pursuant s. 220.197.
  515         (3)An insurer claiming a tax credit under this section is
  516  not required to pay any additional retaliatory tax levied
  517  pursuant to s. 624.5091 as a result of claiming such credit. The
  518  tax credit under this section is not limited by s. 624.5091.
  519         Section 7. (1)The Department of Revenue may, and all
  520  conditions are deemed met to, adopt emergency rules under s.
  521  120.54(4), Florida Statutes, for the purpose of implementing the
  522  Main Street Historical Tourism and Revitalization Act.
  523         (2)Notwithstanding any other law, emergency rules adopted
  524  under this section are effective for 6 months after adoption and
  525  may be renewed during the pendency of procedures to adopt
  526  permanent rules addressing the subject of the emergency rules.
  527         (3)This section shall take effect upon this act becoming a
  528  law and expires July 1, 2025.
  529         Section 8. This act applies to taxable years beginning, and
  530  for qualified expenses incurred, on or after January 1, 2025.
  531         Section 9. Except as otherwise expressly provided in this
  532  act and except for this section, which shall take effect upon
  533  becoming a law, this act shall take effect July 1, 2024.