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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 244, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator McKay moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 2, between lines 29 and 30,

15

16  insert:

17         Section 1.  Section 199.1055, Florida Statutes, is

18  created to read:

19         199.1055  Contaminated site rehabilitation tax

20  credit.--

21         (1)  AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.--

22         (a)  A credit in the amount of 35 percent of the costs

23  of voluntary cleanup activity that is integral to site

24  rehabilitation at the following sites is allowed against any

25  tax due for a taxable year under s. 199.032, less any credit

26  allowed by s. 220.68 for that year:

27         1.  A drycleaning-solvent-contaminated site eligible

28  for state-funded site rehabilitation under s. 376.3078(3);

29         2.  A drycleaning-solvent-contaminated site at which

30  cleanup is undertaken by the real property owner pursuant to

31  s. 376.3078(11), if the real property owner is not also, and

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 244, 1st Eng.

    Amendment No.    





 1  has never been, the owner or operator of the drycleaning

 2  facility where the contamination exists; or

 3         3.  A brownfield site in a designated brownfield area

 4  under s. 376.80.

 5         (b)  A taxpayer, or multiple taxpayers working jointly

 6  to clean up a single site, may not receive more than $250,000

 7  per year in tax credits for each site voluntarily

 8  rehabilitated. Multiple taxpayers shall receive tax credits in

 9  the same proportion as their contribution to payment of

10  cleanup costs. Subject to the same conditions and limitations

11  as provided in this section a municipality or county which

12  voluntarily rehabilitates a site may receive not more than

13  $250,000 per year in tax credits which it can subsequently

14  transfer subject to the provisions in (g). 

15         (c)  If the credit granted under this section is not

16  fully used in any one year because of insufficient tax

17  liability on the part of the taxpayer, the unused amount may

18  be carried forward for a period not to exceed 5 years.

19         (d)  A taxpayer that receives a credit under s.

20  220.1845 is ineligible to receive credit under this section in

21  a given tax year.

22         (e)  A taxpayer that receives state-funded site

23  rehabilitation pursuant to s. 376.3078(3) for rehabilitation

24  of a drycleaning-solvent-contaminated site is ineligible to

25  receive credit under this section for costs incurred by the

26  taxpayer in conjunction with the rehabilitation of that site

27  during the same time period that state-administered site

28  rehabilitation was underway.

29         (f)  The total amount of the tax credits which may be

30  granted under this section and s. 220.1845 is $5 million

31  annually.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 244, 1st Eng.

    Amendment No.    





 1         (g)  1.  Tax credits that may be available under this

 2  section to an entity eligible under s. 376.30781 may be

 3  transferred after a merger or acquisition to the surviving or

 4  acquiring entity and used in the same manner with the same

 5  limitations.

 6         2.  The entity or its surviving or acquiring entity as

 7  described in (g)1., may transfer any unused credit in whole or

 8  in units of no less than 25 percent of the remaining credit.

 9  The entity acquiring such credit may use it in the same manner

10  and with the same limitation as described in this section.

11  Such transferred credits may not be transferred again although

12  they may succeed to a surviving or acquiring entity subject to

13  the same conditions and limitations as described in this

14  section.

15         3.  In the event the credit provided for under this

16  section is reduced either as a result of a determination by

17  the Department of Environmental Protection or an examination

18  or audit by the Department of Revenue, such tax deficiency

19  shall be recovered from the first entity, or the surviving or

20  acquiring entity, to have claimed such credit up to the amount

21  of credit taken.  Any subsequent deficiencies shall be

22  assessed against any entity acquiring and claiming such

23  credit, or in the case of multiple succeeding entities in the

24  order of credit succession. 

25         (h)  In order to encourage completion of site

26  rehabilitation at contaminated sites being voluntarily cleaned

27  up and eligible for a tax credit under this section, the

28  taxpayer may claim an additional 10 percent of the total

29  cleanup costs, not to exceed $50,000, in the final year of

30  cleanup as evidenced by the Department of Environmental

31  Protection issuing a "No Further Action" order for that site.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 244, 1st Eng.

    Amendment No.    





 1         (2)  FILING REQUIREMENTS.--Any taxpayer that wishes to

 2  obtain credit under this section must submit with its return a

 3  tax credit certificate approving partial tax credits issued by

 4  the Department of Environmental Protection under s. 376.30781.

 5         (3)  ADMINISTRATION; AUDIT AUTHORITY; TAX CREDIT

 6  FORFEITURE.--

 7         (a)  The Department of Revenue may adopt rules to

 8  prescribe any necessary forms required to claim a tax credit

 9  under this section and to provide the administrative

10  guidelines and procedures required to administer this section.

11         (b)  In addition to its existing audit and

12  investigation authority relating to chapters 199 and 220, the

13  Department of Revenue may perform any additional financial and

14  technical audits and investigations, including examining the

15  accounts, books, or records of the tax credit applicant, which

16  are necessary to verify the site-rehabilitation costs included

17  in a tax credit return and to ensure compliance with this

18  section. The Department of Environmental Protection shall

19  provide technical assistance, when requested by the Department

20  of Revenue, on any technical audits performed under this

21  section.

22         (c)  It is grounds for forfeiture of previously claimed

23  and received tax credits if the Department of Revenue

24  determines, as a result of either an audit or information

25  received from the Department of Environmental Protection, that

26  a taxpayer received tax credits under this section to which

27  the taxpayer was not entitled. In the case of fraud, the

28  taxpayer shall be prohibited from claiming any future tax

29  credits under this section or s. 220.1845.

30         1.  The taxpayer is responsible for returning forfeited

31  tax credits to the Department of Revenue and such funds shall

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 244, 1st Eng.

    Amendment No.    





 1  be paid into the General Revenue Fund of the state.

 2         2.  The taxpayer shall file with the Department of

 3  Revenue an amended tax return or such other report as the

 4  Department of Revenue prescribes by rule and shall pay any

 5  required tax within 60 days after the taxpayer receives

 6  notification from the Department of Environmental Protection

 7  pursuant to s. 376.30781 that previously approved tax credits

 8  have been revoked or modified, if uncontested, or within 60

 9  days after a final order is issued following proceedings

10  involving a contested revocation or modification order.

11         3.  A notice of deficiency may be issued by the

12  Department of Revenue at any time within 5 years after the

13  date the taxpayer receives notification from the Department of

14  Environmental Protection pursuant to s. 376.30781 that

15  previously approved tax credits have been revoked or modified.

16  If a taxpayer fails to notify the Department of Revenue of any

17  change in its tax credit claimed, a notice of deficiency may

18  be issued at any time. In either case, the amount of any

19  proposed assessment set forth in such notice of deficiency

20  shall be limited to the amount of any deficiency resulting

21  under this section from the recomputation of the taxpayer's

22  tax for the taxable year.

23         4.  Any taxpayer that fails to report and timely pay

24  any tax due as a result of the forfeiture of its tax credit is

25  in violation of this section and is subject to applicable

26  penalty and interest.

27         Section 2.  Subsection (10) of section 220.02, Florida

28  Statutes, is amended to read:

29         220.02  Legislative intent.--

30         (10)  It is the intent of the Legislature that credits

31  against either the corporate income tax or the franchise tax

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 244, 1st Eng.

    Amendment No.    





 1  be applied in the following order: those enumerated in s.

 2  220.68, those enumerated in s. 631.719(1), those enumerated in

 3  s. 631.705, those enumerated in s. 220.18, those enumerated in

 4  s. 631.828, those enumerated in s. 220.181, those enumerated

 5  in s. 220.183, those enumerated in s. 220.182, those

 6  enumerated in s. 220.1895, those enumerated in s. 221.02,

 7  those enumerated in s. 220.184, those enumerated in s.

 8  220.186, and those enumerated in s. 220.188, and those

 9  enumerated in s. 220.1845.

10         Section 3.  Section 220.1845, Florida Statutes, is

11  created to read:

12         220.1845  Contaminated site rehabilitation tax

13  credit.--

14         (1)  AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.--

15         (a)  A credit in the amount of 35 percent of the costs

16  of voluntary cleanup activity that is integral to site

17  rehabilitation at the following sites is allowed against any

18  tax due for a taxable year under this chapter:

19         1.  A drycleaning-solvent-contaminated site eligible

20  for state-funded site rehabilitation under s. 376.3078(3);

21         2.  A drycleaning-solvent-contaminated site at which

22  cleanup is undertaken by the real property owner pursuant to

23  s. 376.3078(11), if the real property owner is not also, and

24  has never been, the owner or operator of the drycleaning

25  facility where the contamination exists; or

26         3.  A brownfield site in a designated brownfield area

27  under s. 376.80.

28         (b)  A taxpayer, or multiple taxpayers working jointly

29  to clean up a single site, may not receive more than $250,000

30  per year in tax credits for each site voluntarily

31  rehabilitated. Multiple taxpayers shall receive tax credits in

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 244, 1st Eng.

    Amendment No.    





 1  the same proportion as their contribution to payment of

 2  cleanup costs. Subject to the same conditions and limitations

 3  as provided in this section a municipality or county which

 4  voluntarily rehabilitates a site may receive not more than

 5  $250,000 per year in tax credits which it can subsequently

 6  transfer subject to the provisions in (h). 

 7         (c)  If the credit granted under this section is not

 8  fully used in any one year because of insufficient tax

 9  liability on the part of the corporation, the unused amount

10  may be carried forward for a period not to exceed 5 years. The

11  carryover credit may be used in a subsequent year when the tax

12  imposed by this chapter for that year exceeds the credit for

13  which the corporation is eligible in that year under this

14  section after applying the other credits and unused carryovers

15  in the order provided by s. 220.02(10).

16         (d)  A taxpayer that files a consolidated return in

17  this state as a member of an affiliated group under s.

18  220.131(1) may be allowed the credit on a consolidated return

19  basis up to the amount of tax imposed upon and paid by the

20  taxpayer that incurred the rehabilitation costs.

21         (e)  A taxpayer that receives credit under s. 199.1055

22  is ineligible to receive credit under this section in a given

23  tax year.

24         (f)  A taxpayer that receives state-funded site

25  rehabilitation under s. 376.3078(3) for rehabilitation of a

26  drycleaning-solvent-contaminated site is ineligible to receive

27  credit under this section for costs incurred by the taxpayer

28  in conjunction with the rehabilitation of that site during the

29  same time period that state-administered site rehabilitation

30  was underway.

31         (g)  The total amount of the tax credits which may be

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 244, 1st Eng.

    Amendment No.    





 1  granted under this section and s. 199.1055 is $5 million

 2  annually.

 3         (h)  1.  Tax credits that may be available under this

 4  section to an entity eligible under s. 376.30781 may be

 5  transferred after a merger or acquisition to the surviving or

 6  acquiring entity and used in the same manner and with the same

 7  limitations.

 8         2.  The entity or its surviving or acquiring entity as

 9  described in (h)1., may transfer any unused credit in whole or

10  in units of no less than 25 percent of the remaining credit.

11  The entity acquiring such credit may use it in the same manner

12  and with the same limitation as described in this section.

13  Such transferred credits may not be transferred again although

14  they may succeed to a surviving or acquiring entity subject to

15  the same conditions and limitations as described in this

16  section.

17         3.  In the event the credit provided for under this

18  section is reduced either as a result of a determination by

19  the Department of Environmental Protection or an examination

20  or audit by the Department of Revenue, such tax deficiency

21  shall be recovered from the first entity, or the surviving or

22  acquiring entity, to have claimed such credit up to the amount

23  of credit taken.  Any subsequent deficiencies shall be

24  assessed against any entity acquiring and claiming such

25  credit, or in the case of multiple succeeding entities in the

26  order of credit succession. 

27         (i)  In order to encourage completion of site

28  rehabilitation at contaminated sites being voluntarily cleaned

29  up and eligible for a tax credit under this section, the

30  taxpayer may claim an additional 10 percent of the total

31  cleanup costs, not to exceed $50,000, in the final year of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 244, 1st Eng.

    Amendment No.    





 1  cleanup as evidenced by the Department of Environmental

 2  Protection issuing a "No Further Action" order for that site.

 3         (2)  FILING REQUIREMENTS.--Any corporation that wishes

 4  to obtain credit under this section must submit with its

 5  return a tax credit certificate approving partial tax credits

 6  issued by the Department of Environmental Protection under s.

 7  376.30781.

 8         (3)  ADMINISTRATION; AUDIT AUTHORITY; TAX CREDIT

 9  FORFEITURE.--

10         (a)  The Department of Revenue may adopt rules to

11  prescribe any necessary forms required to claim a tax credit

12  under this section and to provide the administrative

13  guidelines and procedures required to administer this section.

14         (b)  In addition to its existing audit and

15  investigation authority relating to chapters 199 and 220, the

16  Department of Revenue may perform any additional financial and

17  technical audits and investigations, including examining the

18  accounts, books, or records of the tax credit applicant, which

19  are necessary to verify the site-rehabilitation costs included

20  in a tax credit return and to ensure compliance with this

21  section. The Department of Environmental Protection shall

22  provide technical assistance, when requested by the Department

23  of Revenue, on any technical audits performed pursuant to this

24  section.

25         (c)  It is grounds for forfeiture of previously claimed

26  and received tax credits if the Department of Revenue

27  determines, as a result of either an audit or information

28  received from the Department of Environmental Protection, that

29  a taxpayer received tax credits pursuant to this section to

30  which the taxpayer was not entitled. In the case of fraud, the

31  taxpayer shall be prohibited from claiming any future tax

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 244, 1st Eng.

    Amendment No.    





 1  credits under this section or s. 199.1055.

 2         1.  The taxpayer is responsible for returning forfeited

 3  tax credits to the Department of Revenue and such funds shall

 4  be paid into the General Revenue Fund of the state.

 5         2.  The taxpayer shall file with the Department of

 6  Revenue an amended tax return or such other report as the

 7  Department of Revenue prescribes by rule and shall pay any

 8  required tax within 60 days after the taxpayer receives

 9  notification from the Department of Environmental Protection

10  pursuant to s. 376.30781 that previously approved tax credits

11  have been revoked or modified, if uncontested, or within 60

12  days after a final order is issued following proceedings

13  involving a contested revocation or modification order.

14         3.  A notice of deficiency may be issued by the

15  Department of Revenue at any time within 5 years after the

16  date the taxpayer receives notification from the Department of

17  Environmental Protection pursuant to s. 376.30781 that

18  previously approved tax credits have been revoked or modified.

19  If a taxpayer fails to notify the Department of Revenue of any

20  change in its tax credit claimed, a notice of deficiency may

21  be issued at any time. In either case, the amount of any

22  proposed assessment set forth in such notice of deficiency

23  shall be limited to the amount of any deficiency resulting

24  under this section from the recomputation of the taxpayer's

25  tax for the taxable year.

26         4.  Any taxpayer that fails to report and timely pay

27  any tax due as a result of the forfeiture of its tax credit is

28  in violation of this section and is subject to applicable

29  penalty and interest.

30         Section 4.  Section 376.30781, Florida Statutes, is

31  created to read:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 244, 1st Eng.

    Amendment No.    





 1         376.30781  Partial tax credits for rehabilitation of

 2  drycleaning-solvent-contaminated sites and brownfield sites in

 3  designated brownfield areas; application process; rulemaking

 4  authority; revocation authority.--

 5         (1)  The Legislature finds that:

 6         (a)  To facilitate property transactions and economic

 7  growth and development, it is in the interest of the state to

 8  encourage the cleanup, at the earliest possible time, of

 9  drycleaning-solvent-contaminated sites and brownfield sites in

10  designated brownfield areas.

11         (b)  It is the intent of the Legislature to encourage

12  the voluntary cleanup of drycleaning-solvent-contaminated

13  sites and brownfield sites in designated brownfield areas by

14  providing a partial tax credit for the restoration of such

15  property in specified circumstances.

16         (2)(a)  A credit in the amount of 35 percent of the

17  costs of voluntary cleanup activity that is integral to site

18  rehabilitation at the following sites is allowed pursuant to

19  ss. 199.1055 and 220.1845:

20         1.  A drycleaning-solvent-contaminated site eligible

21  for state-funded site rehabilitation under s. 376.3078(3);

22         2.  A drycleaning-solvent-contaminated site at which

23  cleanup is undertaken by the real property owner pursuant to

24  s. 376.3078(10), if the real property owner is not also, and

25  has never been, the owner or operator of the drycleaning

26  facility where the contamination exists; or

27         3.  A brownfield site in a designated brownfield area

28  under s. 376.80.

29         (b)  A taxpayer, or multiple taxpayers working jointly

30  to clean up a single site, may not receive more than $250,000

31  per year in tax credits for each site voluntarily

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 244, 1st Eng.

    Amendment No.    





 1  rehabilitated. Multiple taxpayers shall receive tax credits in

 2  the same proportion as their contribution to payment of

 3  cleanup costs. Tax credits are available only for site

 4  rehabilitation conducted during the tax year in which the tax

 5  credit application is submitted.

 6         (c)  In order to encourage completion of site

 7  rehabilitation at contaminated sites that are being

 8  voluntarily cleaned up and that are eligible for a tax credit

 9  under this section, the tax credit applicant may claim an

10  additional 10 percent of the total cleanup costs, not to

11  exceed $50,000, in the final year of cleanup as evidenced by

12  the Department of Environmental Protection issuing a "No

13  Further Action" order for that site.

14         (3)  The Department of Environmental Protection shall

15  be responsible for allocating the tax credits provided for in

16  ss. 199.1055 and 220.1845, not to exceed a total of $5 million

17  in tax credits annually.

18         (4)  To claim the credit, each applicant must apply to

19  the Department of Environmental Protection for an allocation

20  of the $5 million annual credit by December 31 on a form

21  developed by the Department of Environmental Protection in

22  cooperation with the Department of Revenue. The form shall

23  include an affidavit from each applicant certifying that all

24  information contained in the application, including all

25  records of costs incurred and claimed in the tax credit

26  application, are true and correct. If the application is

27  submitted pursuant to subparagraph (2)(a)2., the form must

28  include an affidavit signed by the real property owner stating

29  that it is not, and has never been, the owner or operator of

30  the drycleaning facility where the contamination exists.

31  Approval of partial tax credits must be accomplished on a

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 244, 1st Eng.

    Amendment No.    





 1  first-come, first-served basis based upon the date complete

 2  applications are received by the Division of Waste Management.

 3  An applicant shall submit only one application per site per

 4  year. To be eligible for a tax credit the applicant must:

 5         (a)  Have entered into a voluntary cleanup agreement

 6  with the Department of Environmental Protection for a

 7  drycleaning-solvent-contaminated site or a Brownfield Site

 8  Rehabilitation Agreement, as applicable; and

 9         (b)  Have paid all deductibles pursuant to s.

10  376.3078(3)(d) for eligible drycleaning-solvent-cleanup

11  program sites.

12         (5)  To obtain the tax credit certificate, an applicant

13  must annually file an application for certification, which

14  must be received by the Department of Environmental Protection

15  by December 31. The applicant must provide all pertinent

16  information requested on the tax credit application form,

17  including, at a minimum, the name and address of the applicant

18  and the address and tracking identification number of the

19  eligible site. Along with the application form, the applicant

20  must submit the following:

21         (a)  A nonrefundable review fee of $250 made payable to

22  the Water Quality Assurance Trust Fund to cover the

23  administrative costs associated with the department's review

24  of the tax credit application;

25         (b)  Copies of contracts and documentation of contract

26  negotiations, accounts, invoices, sales tickets, or other

27  payment records from purchases, sales, leases, or other

28  transactions involving actual costs incurred for that tax year

29  related to site rehabilitation, as that term is defined in ss.

30  376.301 and 376.79;

31         (c)  Proof that the documentation submitted pursuant to

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 244, 1st Eng.

    Amendment No.    





 1  paragraph (b) has been reviewed and verified by an independent

 2  certified public accountant in accordance with standards

 3  established by the American Institute of Certified Public

 4  Accountants. Specifically, the certified public accountant

 5  must attest to the accuracy and validity of the costs incurred

 6  and paid by conducting an independent review of the data

 7  presented by the applicant.  Accuracy and validity of costs

 8  incurred and paid would be determined once the level of effort

 9  was certified by an appropriate professional registered in

10  this state in each contributing technical discipline.  The

11  certified public accountant's report would also attest that

12  the costs included in the application form are not duplicated

13  within the application. A copy of the accountant's report

14  shall be submitted to the Department of Environmental

15  Protection with the tax credit application; and

16         (d)  A certification form stating that site

17  rehabilitation activities associated with the documentation

18  submitted pursuant to paragraph (b) have been conducted under

19  the observation of, and related technical documents have been

20  signed and sealed by, an appropriate professional registered

21  in this state in each contributing technical discipline. The

22  certification form shall be signed and sealed by the

23  appropriate registered professionals stating that the costs

24  incurred were integral, necessary, and required for site

25  rehabilitation, as that term is defined in ss. 376.301 and

26  376.79.

27         (6)  The certified public accountant and appropriate

28  registered professionals submitting forms as part of a tax

29  credit application must verify such forms. Verification must

30  be accomplished as provided in s. 92.525(1)(b) and subject to

31  the provisions of s. 92.525(3).

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 244, 1st Eng.

    Amendment No.    





 1         (7)  The Department of Environmental Protection shall

 2  review the tax credit application and any supplemental

 3  documentation submitted by each applicant, for the purpose of

 4  verifying that the applicant has met the qualifying criteria

 5  in subsections (2) and (4) and has submitted all required

 6  documentation listed in subsection (5). Upon verification that

 7  the applicant has met these requirements, the department shall

 8  issue a written decision granting eligibility for partial tax

 9  credits (a tax credit certificate) in the amount of 35 percent

10  of the total costs claimed, subject to the $250,000

11  limitation, for the tax year in which the tax credit

12  application is submitted based on the report of the certified

13  public accountant and the certifications from the appropriate

14  registered technical professionals.

15         (8)  On or before March 1, the Department of

16  Environmental Protection shall inform each eligible applicant

17  of the amount of its partial tax credit and provide each

18  eligible applicant with a tax credit certificate that must be

19  submitted with its tax return to the Department of Revenue to

20  claim the tax credit. Credits will not result in the payment

21  of refunds if total credits exceed the amount of tax owed.

22         (9)  If an applicant does not receive a tax credit

23  allocation due to an exhaustion of the $5-million annual tax

24  credit authorization, such application will then be included

25  in the same first-come, first-served order in the next year's

26  annual tax credit allocation, if any, based on the prior year

27  application.

28         (10)  The Department of Environmental Protection may

29  adopt rules to prescribe the necessary forms required to claim

30  tax credits under this section and to provide the

31  administrative guidelines and procedures required to

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 244, 1st Eng.

    Amendment No.    





 1  administer this section. Prior to the adoption of rules

 2  regulating the tax credit application, the department shall,

 3  by September 1, 1998, establish reasonable interim application

 4  requirements and forms.

 5         (11)  The Department of Environmental Protection may

 6  revoke or modify any written decision granting eligibility for

 7  partial tax credits under this section if it is discovered

 8  that the tax credit applicant submitted any false statement,

 9  representation, or certification in any application, record,

10  report, plan, or other document filed in an attempt to receive

11  partial tax credits under this section. The Department of

12  Environmental Protection shall immediately notify the

13  Department of Revenue of any revoked or modified orders

14  affecting previously granted partial tax credits.

15  Additionally, the taxpayer must notify the Department of

16  Revenue of any change in its tax credit claimed.

17         (12)  An owner, operator, or real property owner who

18  receives state-funded site rehabilitation under s. 376.3078(3)

19  for rehabilitation of a drycleaning-solvent-contaminated site

20  is ineligible to receive a tax credit under s. 199.1055 or s.

21  220.1845 for costs incurred by the taxpayer in conjunction

22  with the rehabilitation of that site during the same time

23  period that state-administered site rehabilitation was

24  underway.

25         Section 5.  Paragraph (o) is added to subsection (7) of

26  section 213.053, Florida Statutes, to read:

27         213.053  Confidentiality and information sharing.--

28         (7)  Notwithstanding any other provision of this

29  section, the department may provide:

30         (o)  Information relative to ss. 199.1055, 220.1845,

31  and 376.30781 to the Department of Environmental Protection in

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    10:41 AM   04/28/98                             s0244c1c-26e01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 244, 1st Eng.

    Amendment No.    





 1  the conduct of its official business.

 2

 3  Disclosure of information under this subsection shall be

 4  pursuant to a written agreement between the executive director

 5  and the agency.  Such agencies, governmental or

 6  nongovernmental, shall be bound by the same requirements of

 7  confidentiality as the Department of Revenue.  Breach of

 8  confidentiality is a misdemeanor of the first degree,

 9  punishable as provided by s. 775.082 or s. 775.083.

10

11  (Redesignate subsequent sections.)

12

13

14  ================ T I T L E   A M E N D M E N T ===============

15  And the title is amended as follows:

16         On page 1, between lines 2 and 3,

17

18  insert:

19         creating s. 199.1055, F.S.; providing for a

20         contaminated site rehabilitation tax credit

21         against the intangible personal property tax;

22         authorizing the Department of Revenue to adopt

23         rules; amending s. 220.02, F.S.; providing for

24         an additional cross-reference; creating s.

25         220.1845, F.S.; providing for a contaminated

26         site rehabilitation tax credit against the

27         corporate income tax; authorizing the

28         Department of Revenue to adopt rules; creating

29         s. 376.30781, F.S.; providing for a partial tax

30         credit for the rehabilitation of

31         drycleaning-solvent-contaminated sites and

                                  17
    10:41 AM   04/28/98                             s0244c1c-26e01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 244, 1st Eng.

    Amendment No.    





 1         brownfield sites; providing for the Department

 2         of Environmental Protection to allocate such

 3         partial credits; providing procedures for

 4         application for tax credits; providing for a

 5         nonrefundable review fee; providing

 6         verification requirements; authorizing the

 7         Department of Environmental Protection to adopt

 8         rules; providing for revocation or modification

 9         of eligibility for tax credit under certain

10         conditions; amending s. 213.053, F.S.;

11         providing for information-sharing;

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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