Amendment
Bill No. CS/HB 143

Amendment No. 046765

CHAMBER ACTION
Senate		House
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1	Representative Precourt offered the following:
2
3	Amendment to Amendment (740310) (with title amendment)
4	Remove line 3 and insert:
5	Delete everything after the enacting clause and insert:
6
7	Section 1.  Paragraph (f) of subsection (2) of section
8	14.2015, Florida Statutes, is amended to read:
9	14.2015  Office of Tourism, Trade, and Economic
10	Development; creation; powers and duties.-
11	(2)  The purpose of the Office of Tourism, Trade, and
12	Economic Development is to assist the Governor in working with
13	the Legislature, state agencies, business leaders, and economic
14	development professionals to formulate and implement coherent
15	and consistent policies and strategies designed to provide
16	economic opportunities for all Floridians. To accomplish such
17	purposes, the Office of Tourism, Trade, and Economic Development
18	shall:
19	(f)1.  Administer the Florida Enterprise Zone Act under ss.
20	290.001-290.016, the community contribution tax credit program
21	under ss. 220.183 and 624.5105, the tax refund program for
22	qualified target industry businesses under s. 288.106, the tax-
23	refund program for qualified defense contractors and space
24	flight business contractors under s. 288.1045, contracts for
25	transportation projects under s. 288.063, the sports franchise
26	facility programs under ss. 288.1162 and 288.11621, the
27	professional golf hall of fame facility program under s.
28	288.1168, the expedited permitting process under s. 403.973, the
29	Rural Community Development Revolving Loan Fund under s.
30	288.065, the Regional Rural Development Grants Program under s.
31	288.018, the Certified Capital Company Act under s. 288.99, the
32	Florida State Rural Development Council, the Rural Economic
33	Development Initiative, the corporate income tax credits for
34	spaceflight projects under s. 220.194, and other programs that
35	are specifically assigned to the office by law, by the
36	appropriations process, or by the Governor.
37	1.  Notwithstanding any other provisions of law, the office
38	may expend interest earned from the investment of program funds
39	deposited in the Grants and Donations Trust Fund to contract for
40	the administration of the programs, or portions of the programs,
41	enumerated in this paragraph or assigned to the office by law,
42	by the appropriations process, or by the Governor. Such
43	expenditures are shall be subject to review under chapter 216.
44	2.  The office may enter into contracts in connection with
45	the fulfillment of its duties concerning the Florida First
46	Business Bond Pool under chapter 159, tax incentives under
47	chapters 212 and 220, tax incentives under the Certified Capital
48	Company Act in chapter 288, foreign offices under chapter 288,
49	the Enterprise Zone program under chapter 290, the Seaport
50	Employment Training program under chapter 311, the Florida
51	Professional Sports Team License Plates under chapter 320,
52	Spaceport Florida under chapter 331, Expedited Permitting under
53	chapter 403, and in carrying out other functions that are
54	specifically assigned to the office by law, by the
55	appropriations process, or by the Governor.
56	Section 2.  Effective January 1, 2012, paragraph (a) of
57	subsection (1) of section 72.011, Florida Statutes, is amended
58	to read:
59	72.011  Jurisdiction of circuit courts in specific tax
60	matters; administrative hearings and appeals; time for
61	commencing action; parties; deposits.-
62	(1)(a)  A taxpayer may contest the legality of any
63	assessment or denial of refund of tax, fee, surcharge, permit,
64	interest, or penalty provided for under s. 125.0104, s.
65	125.0108, chapter 198, chapter 199, chapter 201, chapter 202,
66	chapter 203, chapter 206, chapter 207, chapter 210, chapter 211,
67	chapter 212, chapter 213, chapter 220, chapter 221, s.
68	379.362(3), chapter 376, s. 403.717, s. 403.718, s. 403.7185, s.
69	538.09, s. 538.25, chapter 550, chapter 561, chapter 562,
70	chapter 563, chapter 564, chapter 565, chapter 624, or s.
71	681.117 by filing an action in circuit court; or, alternatively,
72	the taxpayer may file a petition under the applicable provisions
73	of chapter 120. However, once an action has been initiated under
74	s. 120.56, s. 120.565, s. 120.569, s. 120.57, or s.
75	120.80(14)(b), no action relating to the same subject matter may
76	be filed by the taxpayer in circuit court, and judicial review
77	shall be exclusively limited to appellate review pursuant to s.
78	120.68; and once an action has been initiated in circuit court,
79	no action may be brought under chapter 120.
80	Section 3.  Effective January 1, 2012, section 72.041,
81	Florida Statutes, is amended to read:
82	72.041  Tax liabilities arising under the laws of other
83	states.-Actions to enforce lawfully imposed sales, use, and
84	corporate income taxes and motor and other fuel taxes of another
85	state may be brought in a court of this state under the
86	following conditions:
87	(1)  The state seeking to institute an action for the
88	collection, assessment, or enforcement of a lawfully imposed tax
89	must have extended a like courtesy to this state;
90	(2)  Venue for any action under this section shall be the
91	circuit court of the county in which the defendant resides;
92	(3)  This section does not apply to the enforcement of tax
93	warrants of another state unless the warrant has been obtained
94	as a result of a judgment entered by a court of competent
95	jurisdiction in the taxing state or unless the courts of the
96	state seeking to enforce its warrant allow the enforcement of
97	the warrants issued by the Department of Revenue pursuant to
98	chapters 206, 212, 213, and 220, and 221; and
99	(4)  All tax liabilities owing to this state or any of its
100	subdivisions shall be paid first and shall be prior in right to
101	any tax liability arising under the laws of other states.
102	Section 4.  Section 216.138, Florida Statutes, is amended
103	to read:
104	216.138  Authority to request additional analysis of
105	legislative proposals legislation.-
106	(1)  The President of the Senate or the Speaker of the
107	House of Representatives may request special impact sessions of
108	consensus estimating conferences to evaluate legislative
109	proposals proposed legislation based on tools and models not
110	generally employed by the consensus estimating conferences,
111	including cost-benefit, return-on-investment, or dynamic scoring
112	techniques, when suitable and appropriate for the legislative
113	proposals legislation being evaluated.
114	(2)  Unless exempt from s. 119.07(1), information used to
115	develop the analyses shall be available to the public. In
116	addition, all meetings of a special impact estimating conference
117	shall be open to the public. The President of the Senate and the
118	Speaker of the House of Representatives, jointly, shall be the
119	sole judge for the interpretation, implementation, and
120	enforcement of this subsection.
121	(3)  A special impact estimating conference shall consist
122	of four principals: one person from the Executive Office of the
123	Governor; the coordinator of the Office of Economic and
124	Demographic Research, or his or her designee; one person from
125	the professional staff of the Senate; and one person from the
126	professional staff of the House of Representatives. Each
127	principal shall have appropriate fiscal expertise in the subject
128	matter of the legislative proposal. A separate special impact
129	estimating conference may be appointed for each proposal.
130	(4)  After the designation of the four principals, a
131	special impact estimating conference shall convene to adopt
132	official information relating to the proposal.
133	(a)  A principal may invite any person to participate in a
134	special impact estimating conference. Such person shall be
135	designated as a participant. A participant shall, at the request
136	of any principal before or during any meeting of a conference,
137	collect and supply data, perform analyses, or provide other
138	information needed by a conference.
139	(b)  The principal from the Office of Economic and
140	Demographic Research may convene any of the conferences
141	established in s. 216.136 to reach a consensus on supplemental
142	information required for the analysis of the proposed
143	legislation.
144	(c)  All official information of a special impact
145	estimating conference shall be adopted by consensus of all of
146	the principals of the conference. For the purposes of this
147	section, the terms "official information" and "consensus" have
148	the same meanings as provided in s. 216.133.
149	Section 5.  Subsection (8) of section 220.02, Florida
150	Statutes, is amended to read:
151	220.02  Legislative intent.-
152	(8)  It is the intent of the Legislature that credits
153	against either the corporate income tax or the franchise tax be
154	applied in the following order: those enumerated in s. 631.828,
155	those enumerated in s. 220.191, those enumerated in s. 220.181,
156	those enumerated in s. 220.183, those enumerated in s. 220.182,
157	those enumerated in s. 220.1895, those enumerated in s. 221.02,
158	those enumerated in s. 220.184, those enumerated in s. 220.186,
159	those enumerated in s. 220.1845, those enumerated in s. 220.19,
160	those enumerated in s. 220.185, those enumerated in s. 220.1875,
161	those enumerated in s. 220.192, those enumerated in s. 220.193,
162	those enumerated in s. 288.9916, those enumerated in s.
163	220.1899, and those enumerated in s. 220.1896, those enumerated
164	in s. 220.194, and those enumerated in s. 220.196.
165	Section 6.  Effective January 1, 2012, subsection (8) of
166	section 220.02, Florida Statutes, as amended by this act, is
167	amended to read:
168	220.02  Legislative intent.-
169	(8)  It is the intent of the Legislature that credits
170	against either the corporate income tax or the franchise tax be
171	applied in the following order: those enumerated in s. 631.828,
172	those enumerated in s. 220.191, those enumerated in s. 220.181,
173	those enumerated in s. 220.183, those enumerated in s. 220.182,
174	those enumerated in s. 220.1895, those enumerated in s. 220.195
175	221.02, those enumerated in s. 220.184, those enumerated in s.
176	220.186, those enumerated in s. 220.1845, those enumerated in s.
177	220.19, those enumerated in s. 220.185, those enumerated in s.
178	220.1875, those enumerated in s. 220.192, those enumerated in s.
179	220.193, those enumerated in s. 288.9916, those enumerated in s.
180	220.1899, those enumerated in s. 220.1896, those enumerated in
181	s. 220.194, and those enumerated in 220.196.
182	Section 7.  Paragraphs (a) and (b) of subsection (1) of
183	section 220.13, Florida Statutes, are amended to read:
184	220.13  "Adjusted federal income" defined.-
185	(1)  The term "adjusted federal income" means an amount
186	equal to the taxpayer's taxable income as defined in subsection
187	(2), or such taxable income of more than one taxpayer as
188	provided in s. 220.131, for the taxable year, adjusted as
189	follows:
190	(a)  Additions.-There shall be added to such taxable
191	income:
192	1.  The amount of any tax upon or measured by income,
193	excluding taxes based on gross receipts or revenues, paid or
194	accrued as a liability to the District of Columbia or any state
195	of the United States which is deductible from gross income in
196	the computation of taxable income for the taxable year.
197	2.  The amount of interest which is excluded from taxable
198	income under s. 103(a) of the Internal Revenue Code or any other
199	federal law, less the associated expenses disallowed in the
200	computation of taxable income under s. 265 of the Internal
201	Revenue Code or any other law, excluding 60 percent of any
202	amounts included in alternative minimum taxable income, as
203	defined in s. 55(b)(2) of the Internal Revenue Code, if the
204	taxpayer pays tax under s. 220.11(3).
205	3.  In the case of a regulated investment company or real
206	estate investment trust, an amount equal to the excess of the
207	net long-term capital gain for the taxable year over the amount
208	of the capital gain dividends attributable to the taxable year.
209	4.  That portion of the wages or salaries paid or incurred
210	for the taxable year which is equal to the amount of the credit
211	allowable for the taxable year under s. 220.181. This
212	subparagraph shall expire on the date specified in s. 290.016
213	for the expiration of the Florida Enterprise Zone Act.
214	5.  That portion of the ad valorem school taxes paid or
215	incurred for the taxable year which is equal to the amount of
216	the credit allowable for the taxable year under s. 220.182. This
217	subparagraph shall expire on the date specified in s. 290.016
218	for the expiration of the Florida Enterprise Zone Act.
219	6.  The amount of emergency excise tax paid or accrued as a
220	liability to this state under chapter 221 which tax is
221	deductible from gross income in the computation of taxable
222	income for the taxable year.
223	7.  That portion of assessments to fund a guaranty
224	association incurred for the taxable year which is equal to the
225	amount of the credit allowable for the taxable year.
226	8.  In the case of a nonprofit corporation which holds a
227	pari-mutuel permit and which is exempt from federal income tax
228	as a farmers' cooperative, an amount equal to the excess of the
229	gross income attributable to the pari-mutuel operations over the
230	attributable expenses for the taxable year.
231	9.  The amount taken as a credit for the taxable year under
232	s. 220.1895.
233	10.  Up to nine percent of the eligible basis of any
234	designated project which is equal to the credit allowable for
235	the taxable year under s. 220.185.
236	11.  The amount taken as a credit for the taxable year
237	under s. 220.1875. The addition in this subparagraph is intended
238	to ensure that the same amount is not allowed for the tax
239	purposes of this state as both a deduction from income and a
240	credit against the tax. This addition is not intended to result
241	in adding the same expense back to income more than once.
242	12.  The amount taken as a credit for the taxable year
243	under s. 220.192.
244	13.  The amount taken as a credit for the taxable year
245	under s. 220.193.
246	14.  Any portion of a qualified investment, as defined in
247	s. 288.9913, which is claimed as a deduction by the taxpayer and
248	taken as a credit against income tax pursuant to s. 288.9916.
249	15.  The costs to acquire a tax credit pursuant to s.
250	288.1254(5) that are deducted from or otherwise reduce federal
251	taxable income for the taxable year.
252	16.  The amount taken as a credit for the taxable year
253	under s. 220.194.
254	17.  The amount taken as a credit for the taxable year
255	under s. 220.196. The addition in this subparagraph is intended
256	to ensure that the same amount is not allowed for the tax
257	purposes of this state as both a deduction from income and a
258	credit against the tax. The addition is not intended to result
259	in adding the same expense back to income more than once.
260	(b)  Subtractions.-
261	1.  There shall be subtracted from such taxable income:
262	a.  The net operating loss deduction allowable for federal
263	income tax purposes under s. 172 of the Internal Revenue Code
264	for the taxable year, except that any net operating loss that is
265	transferred pursuant to s. 220.194(6) may not be deducted by the
266	seller,
267	b.  The net capital loss allowable for federal income tax
268	purposes under s. 1212 of the Internal Revenue Code for the
269	taxable year,
270	c.  The excess charitable contribution deduction allowable
271	for federal income tax purposes under s. 170(d)(2) of the
272	Internal Revenue Code for the taxable year, and
273	d.  The excess contributions deductions allowable for
274	federal income tax purposes under s. 404 of the Internal Revenue
275	Code for the taxable year.
276
277	However, a net operating loss and a capital loss shall never be
278	carried back as a deduction to a prior taxable year, but all
279	deductions attributable to such losses shall be deemed net
280	operating loss carryovers and capital loss carryovers,
281	respectively, and treated in the same manner, to the same
282	extent, and for the same time periods as are prescribed for such
283	carryovers in ss. 172 and 1212, respectively, of the Internal
284	Revenue Code.
285	2.  There shall be subtracted from such taxable income any
286	amount to the extent included therein the following:
287	a.  Dividends treated as received from sources without the
288	United States, as determined under s. 862 of the Internal
289	Revenue Code.
290	b.  All amounts included in taxable income under s. 78 or
291	s. 951 of the Internal Revenue Code.
292
293	However, as to any amount subtracted under this subparagraph,
294	there shall be added to such taxable income all expenses
295	deducted on the taxpayer's return for the taxable year which are
296	attributable, directly or indirectly, to such subtracted amount.
297	Further, no amount shall be subtracted with respect to dividends
298	paid or deemed paid by a Domestic International Sales
299	Corporation.
300	3.  In computing "adjusted federal income" for taxable
301	years beginning after December 31, 1976, there shall be allowed
302	as a deduction the amount of wages and salaries paid or incurred
303	within this state for the taxable year for which no deduction is
304	allowed pursuant to s. 280C(a) of the Internal Revenue Code
305	(relating to credit for employment of certain new employees).
306	4.  There shall be subtracted from such taxable income any
307	amount of nonbusiness income included therein.
308	5.  There shall be subtracted any amount of taxes of
309	foreign countries allowable as credits for taxable years
310	beginning on or after September 1, 1985, under s. 901 of the
311	Internal Revenue Code to any corporation which derived less than
312	20 percent of its gross income or loss for its taxable year
313	ended in 1984 from sources within the United States, as
314	described in s. 861(a)(2)(A) of the Internal Revenue Code, not
315	including credits allowed under ss. 902 and 960 of the Internal
316	Revenue Code, withholding taxes on dividends within the meaning
317	of sub-subparagraph 2.a., and withholding taxes on royalties,
318	interest, technical service fees, and capital gains.
319	6.  Notwithstanding any other provision of this code,
320	except with respect to amounts subtracted pursuant to
321	subparagraphs 1. and 3., any increment of any apportionment
322	factor which is directly related to an increment of gross
323	receipts or income which is deducted, subtracted, or otherwise
324	excluded in determining adjusted federal income shall be
325	excluded from both the numerator and denominator of such
326	apportionment factor. Further, all valuations made for
327	apportionment factor purposes shall be made on a basis
328	consistent with the taxpayer's method of accounting for federal
329	income tax purposes.
330	Section 8.  Effective January 1, 2012, paragraph (a) of
331	subsection (1) of section 220.13, Florida Statutes, as amended
332	by this act, is amended to read:
333	220.13  "Adjusted federal income" defined.-
334	(1)  The term "adjusted federal income" means an amount
335	equal to the taxpayer's taxable income as defined in subsection
336	(2), or such taxable income of more than one taxpayer as
337	provided in s. 220.131, for the taxable year, adjusted as
338	follows:
339	(a)  Additions.-There shall be added to such taxable
340	income:
341	1.  The amount of any tax upon or measured by income,
342	excluding taxes based on gross receipts or revenues, paid or
343	accrued as a liability to the District of Columbia or any state
344	of the United States which is deductible from gross income in
345	the computation of taxable income for the taxable year.
346	2.  The amount of interest which is excluded from taxable
347	income under s. 103(a) of the Internal Revenue Code or any other
348	federal law, less the associated expenses disallowed in the
349	computation of taxable income under s. 265 of the Internal
350	Revenue Code or any other law, excluding 60 percent of any
351	amounts included in alternative minimum taxable income, as
352	defined in s. 55(b)(2) of the Internal Revenue Code, if the
353	taxpayer pays tax under s. 220.11(3).
354	3.  In the case of a regulated investment company or real
355	estate investment trust, an amount equal to the excess of the
356	net long-term capital gain for the taxable year over the amount
357	of the capital gain dividends attributable to the taxable year.
358	4.  That portion of the wages or salaries paid or incurred
359	for the taxable year which is equal to the amount of the credit
360	allowable for the taxable year under s. 220.181. This
361	subparagraph shall expire on the date specified in s. 290.016
362	for the expiration of the Florida Enterprise Zone Act.
363	5.  That portion of the ad valorem school taxes paid or
364	incurred for the taxable year which is equal to the amount of
365	the credit allowable for the taxable year under s. 220.182. This
366	subparagraph shall expire on the date specified in s. 290.016
367	for the expiration of the Florida Enterprise Zone Act.
368	6.  The amount taken as a credit under s. 220.195 of
369	emergency excise tax paid or accrued as a liability to this
370	state under chapter 221 which tax is deductible from gross
371	income in the computation of taxable income for the taxable
372	year.
373	7.  That portion of assessments to fund a guaranty
374	association incurred for the taxable year which is equal to the
375	amount of the credit allowable for the taxable year.
376	8.  In the case of a nonprofit corporation which holds a
377	pari-mutuel permit and which is exempt from federal income tax
378	as a farmers' cooperative, an amount equal to the excess of the
379	gross income attributable to the pari-mutuel operations over the
380	attributable expenses for the taxable year.
381	9.  The amount taken as a credit for the taxable year under
382	s. 220.1895.
383	10.  Up to nine percent of the eligible basis of any
384	designated project which is equal to the credit allowable for
385	the taxable year under s. 220.185.
386	11.  The amount taken as a credit for the taxable year
387	under s. 220.1875. The addition in this subparagraph is intended
388	to ensure that the same amount is not allowed for the tax
389	purposes of this state as both a deduction from income and a
390	credit against the tax. This addition is not intended to result
391	in adding the same expense back to income more than once.
392	12.  The amount taken as a credit for the taxable year
393	under s. 220.192.
394	13.  The amount taken as a credit for the taxable year
395	under s. 220.193.
396	14.  Any portion of a qualified investment, as defined in
397	s. 288.9913, which is claimed as a deduction by the taxpayer and
398	taken as a credit against income tax pursuant to s. 288.9916.
399	15.  The costs to acquire a tax credit pursuant to s.
400	288.1254(5) that are deducted from or otherwise reduce federal
401	taxable income for the taxable year.
402	16.  The amount taken as a credit for the taxable year
403	pursuant to s. 220.194.
404	17.  The amount taken as a credit for the taxable year
405	under s. 220.196. The addition in this subparagraph is intended
406	to ensure that the same amount is not allowed for the tax
407	purposes of this state as both a deduction from income and a
408	credit against the tax. The addition is not intended to result
409	in adding the same expense back to income more than once.
410	Section 9.  Subsection (5) of section 220.131, Florida
411	Statutes, is amended to read:
412	220.131  Adjusted federal income; affiliated groups.-
413	(5)  Each taxpayer shall apportion adjusted federal income
414	under s. 220.15 as a member of an affiliated group which files a
415	consolidated return under this section on the basis of
416	apportionment factors described in s. 220.15. For the purposes
417	of this subsection, each special industry member included in an
418	affiliated group filing a consolidated return hereunder, who
419	which member would otherwise be permitted to use a special
420	method of apportionment under s. 220.151 or s. 220.153, shall
421	construct the numerator of its sales, property, and payroll
422	factors, respectively, by multiplying the denominator of each
423	such factor by the premiums, or revenue miles, or single sales
424	factor ratio otherwise applicable under pursuant to s. 220.151
425	or s. 220.153 in the manner prescribed by the department by
426	rule.
427	Section 10.  Subsection (1) of section 220.15, Florida
428	Statutes, is amended to read:
429	220.15  Apportionment of adjusted federal income.-
430	(1)  Except as provided in ss. 220.151, and 220.152, and
431	220.153, adjusted federal income as defined in s. 220.13 shall
432	be apportioned to this state by taxpayers doing business within
433	and without this state by multiplying it by an apportionment
434	fraction composed of a sales factor representing 50 percent of
435	the fraction, a property factor representing 25 percent of the
436	fraction, and a payroll factor representing 25 percent of the
437	fraction. If any factor described in subsection (2), subsection
438	(4), or subsection (5) has a denominator that is zero or is
439	determined by the department to be insignificant, the relative
440	weights of the other factors in the denominator of the
441	apportionment fraction shall be as follows:
442	(a)  If the denominators for any two factors are zero or
443	are insignificant, the weighted percentage for the remaining
444	factor shall be 100 percent.
445	(b)  If the denominator for the sales factor is zero or is
446	insignificant, the weighted percentage for the property and
447	payroll factors shall change from 25 percent to 50 percent,
448	respectively.
449	(c)  If the denominator for either the property or payroll
450	factor is zero or is insignificant, the weighted percentage for
451	the other shall be 33 1/3 percent, and the weighted percentage
452	for the sales factor shall be 66 2/3 percent.
453	Section 11.  Section 220.153, Florida Statutes, is created
454	to read:
455	220.153  Apportionment by sales factor.-
456	(1)  DEFINITIONS.-As used in this section, the term:
457	(a)  "Office" means the Office of Tourism, Trade, and
458	Economic Development.
459	(b)  "Qualified capital expenditures" means expenditures in
460	this state for purposes substantially related to a business's
461	production or sale of goods or services. The expenditure must
462	fund the acquisition of additional real property (land,
463	buildings, including appurtenances, fixtures and fixed
464	equipment, structures, etc.), including additions, replacements,
465	major repairs, and renovations to real property which materially
466	extend its useful life or materially improve or change its
467	functional use and the furniture and equipment necessary to
468	furnish and operate a new or improved facility. The term
469	"qualified capital expenditures" does not include an expenditure
470	for a passive investment or for an investment intended for the
471	accumulation of reserves or the realization of profit for
472	distribution to any person holding an ownership interest in the
473	business. The term "qualified capital expenditures" does not
474	include expenditures to acquire an existing business or
475	expenditures in excess of $125 million to acquire land or
476	buildings.
477	(2)  APPORTIONMENT OF TAXES; ELIGIBILITY.-A taxpayer, not
478	including a financial organization as defined in s. 220.15(6) or
479	a bank, savings association, international banking facility, or
480	banking organization as defined in s. 220.62, doing business
481	within and without this state, who applies and demonstrates to
482	the office that, within a 2-year period beginning on or after
483	July 1, 2011, it has made qualified capital expenditures equal
484	to or exceeding $250 million may apportion its adjusted federal
485	income solely by the sales factor set forth in s. 220.15(5),
486	commencing in the taxable year that the office approves the
487	application, but not before a taxable year that begins on or
488	after January 1, 2013. Once approved, a taxpayer may elect to
489	apportion its adjusted federal income for any taxable year using
490	the method provided under this section or the method provided
491	under s. 220.15.
492	(3)  QUALIFICATION PROCESS.-
493	(a)  To qualify as a taxpayer who is eligible to apportion
494	its adjusted federal income under this section:
495	1.  The taxpayer must notify the office of its intent to
496	submit an application to apportion its adjusted federal income
497	in order to commence the 2-year period for measuring qualified
498	capital expenditures.
499	2.  The taxpayer must submit an application to apportion
500	its adjusted federal income under this section to the office
501	within 2 years after notifying the office of the taxpayer's
502	intent to qualify. The application must be made under oath and
503	provide such information as the office reasonably requires by
504	rule for determining the applicant's eligibility to apportion
505	adjusted federal income under this section. The taxpayer is
506	responsible for affirmatively demonstrating to the satisfaction
507	of the office that it meets the eligibility requirements.
508	(b)  The taxpayer notice and application forms shall be
509	established by the office by rule. The office shall acknowledge
510	receipt of the notice and approve or deny the application in
511	writing within 45 days after receipt.
512	(4)  REVIEW AUTHORITY; RECAPTURE OF TAX.-
513	(a)  In addition to its existing audit authority, the
514	department may perform any financial and technical review and
515	investigation, including examining the accounts, books, and
516	records of the taxpayer as necessary, to verify that the
517	taxpayer's tax return correctly computes and apportions adjusted
518	federal income and to ensure compliance with this chapter.
519	(b)  The office may, by order, revoke its decision to grant
520	eligibility for apportionment pursuant to this section, and may
521	also order the recalculation of apportionment factors to those
522	applicable under s. 220.15 if, as the result of an audit,
523	investigation, or examination, it determines that information
524	provided by the taxpayer in the application, or in a statement,
525	representation, record, report, plan, or other document provided
526	to the office to become eligible for apportionment, was
527	materially false at the time it was made and that an individual
528	acting on behalf of the taxpayer knew, or should have known,
529	that the information submitted was false. The taxpayer shall pay
530	such additional taxes and interest as may be due pursuant to
531	this chapter computed as the difference between the tax that
532	would have been due under the apportionment formula provided in
533	s. 220.15 for such years and the tax actually paid. In addition,
534	the department shall assess a penalty equal to 100 percent of
535	the additional tax due.
536	(c)  The office shall immediately notify the department of
537	an order affecting a taxpayer's eligibility to apportion tax
538	pursuant to this section. A taxpayer who is liable for past tax
539	must file an amended return with the department, or such other
540	report as the department prescribes by rule, and pay any
541	required tax, interest, and penalty within 60 days after the
542	taxpayer receives notification from the office that the
543	previously approved credits have been revoked. If the revocation
544	is contested, the taxpayer shall file an amended return or other
545	report within 30 days after an order becomes final. A taxpayer
546	who fails to pay the past tax, interest, and penalty by the due
547	date is subject to the penalties provided in s. 220.803.
548	(5)  RULES.-The office and the department may adopt rules
549	to administer this section.
550	Section 12.  Paragraph (f) of subsection (2) of section
551	220.1845, Florida Statutes, is amended to read:
552	220.1845  Contaminated site rehabilitation tax credit.-
553	(2)  AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.-
554	(f)  The total amount of the tax credits which may be
555	granted under this section is $5 $2 million annually.
556	Section 13.  Subsections (4), (5), and (11) of section
557	376.30781, Florida Statutes, are amended to read:
558	376.30781  Tax credits for rehabilitation of drycleaning-
559	solvent-contaminated sites and brownfield sites in designated
560	brownfield areas; application process; rulemaking authority;
561	revocation authority.-
562	(4)  The Department of Environmental Protection is
563	responsible for allocating the tax credits provided for in s.
564	220.1845, which may not exceed a total of $5 $2 million in tax
565	credits annually.
566	(5)  To claim the credit for site rehabilitation or solid
567	waste removal, each tax credit applicant must apply to the
568	Department of Environmental Protection for an allocation of the
569	$5 $2 million annual credit by filing a tax credit application
570	with the Division of Waste Management on a form developed by the
571	Department of Environmental Protection in cooperation with the
572	Department of Revenue. The form shall include an affidavit from
573	each tax credit applicant certifying that all information
574	contained in the application, including all records of costs
575	incurred and claimed in the tax credit application, are true and
576	correct. If the application is submitted pursuant to
577	subparagraph (3)(a)2., the form must include an affidavit signed
578	by the real property owner stating that it is not, and has never
579	been, the owner or operator of the drycleaning facility where
580	the contamination exists. Approval of tax credits must be
581	accomplished on a first-come, first-served basis based upon the
582	date and time complete applications are received by the Division
583	of Waste Management, subject to the limitations of subsection
584	(14). To be eligible for a tax credit, the tax credit applicant
585	must:
586	(a)  For site rehabilitation tax credits, have entered into
587	a voluntary cleanup agreement with the Department of
588	Environmental Protection for a drycleaning-solvent-contaminated
589	site or a Brownfield Site Rehabilitation Agreement, as
590	applicable, and have paid all deductibles pursuant to s.
591	376.3078(3)(e) for eligible drycleaning-solvent-cleanup program
592	sites, as applicable. A site rehabilitation tax credit applicant
593	must submit only a single completed application per site for
594	each calendar year's site rehabilitation costs. A site
595	rehabilitation application must be received by the Division of
596	Waste Management of the Department of Environmental Protection
597	by January 31 of the year after the calendar year for which site
598	rehabilitation costs are being claimed in a tax credit
599	application. All site rehabilitation costs claimed must have
600	been for work conducted between January 1 and December 31 of the
601	year for which the application is being submitted. All payment
602	requests must have been received and all costs must have been
603	paid prior to submittal of the tax credit application, but no
604	later than January 31 of the year after the calendar year for
605	which site rehabilitation costs are being claimed.
606	(b)  For solid waste removal tax credits, have entered into
607	a brownfield site rehabilitation agreement with the Department
608	of Environmental Protection. A solid waste removal tax credit
609	applicant must submit only a single complete application per
610	brownfield site, as defined in the brownfield site
611	rehabilitation agreement, for solid waste removal costs. A solid
612	waste removal tax credit application must be received by the
613	Division of Waste Management of the Department of Environmental
614	Protection subsequent to the completion of the requirements
615	listed in paragraph (3)(e).
616	(11)  If a tax credit applicant does not receive a tax
617	credit allocation due to an exhaustion of the $5 2 million
618	annual tax credit authorization, such application will then be
619	included in the same first-come, first-served order in the next
620	year's annual tax credit allocation, if any, based on the prior
621	year application.
622	Section 14.  Subsection (5) is added to section 220.16,
623	Florida Statutes, to read:
624	220.16  Allocation of nonbusiness income.-Nonbusiness
625	income shall be allocated as follows:
626	(5)  The amount of payments received in exchange for
627	transferring a net operating loss authorized by s. 220.194 is
628	allocable to the state.
629	Section 15.  Section 220.194, Florida Statutes, is created
630	to read:
631	220.194  Corporate income tax credits for spaceflight
632	projects.-
633	(1)  SHORT TITLE.-This section may be cited as the "Florida
634	Space Business Incentives Act."
635	(2)  PURPOSE.-The purpose of this section is to create
636	incentives to attract launch, payload, research and development,
637	and other space business to this state.
638	(3)  DEFINITIONS.-As used in this section, the term:
639	(a)  "Administrative support" means that 51 percent or more
640	of an activity supports a certified spaceflight business.
641	(b)  "Certified" means that a spaceflight business has been
642	certified by the office as meeting all of the requirements
643	necessary to obtain at least one of the approved tax credits
644	available under this section, including approval to transfer a
645	credit.
646	(c)  "New employee" means a state resident who begins or
647	maintains full-time employment in this state with a spaceflight
648	business on or after October 1, 2011. The term does not include
649	a person who is a partner, majority stockholder, or owner of the
650	business or a person who is employed in a temporary construction
651	job or primarily involved with the construction of real
652	property.
653	(d)  "New job" means the full-time employment of an
654	employee in a manner that is consistent with terms used by the
655	Agency for Workforce Innovation and the United States Department
656	of Labor for purposes of unemployment compensation tax
657	administration and employment estimation. In order to meet the
658	requirement for certification specified in paragraph (5)(b), a
659	new job must:
660	1.  Pay new employees at least 115 percent of the statewide
661	or countywide average annual private-sector wage for the 3
662	taxable years immediately preceding filing an application for
663	certification;
664	2.  Require a new employee to perform duties on a regular
665	full-time basis in this state for an average of at least 36
666	hours per week each month for the 3 taxable years immediately
667	preceding filing an application for certification; and
668	3.  Not be held by a person who has previously been
669	included as a new employee on an application for any credit
670	authorized under this section.
671	(e)  "Office" means the Office of Tourism, Trade, and
672	Economic Development.
673	(f)  "Payload" means an object built or assembled in this
674	state to be placed into earth's upper atmospheres or space.
675	(g)  "Reentry" means to return or attempt to return an
676	object from earth's upper atmospheres or space.
677	(h)  "Reentry service" means an activity conducted in this
678	state related to preparing a reentry vehicle and any payload for
679	reentry and the reentry.
680	(i)  "Space vehicle" means any spacecraft, satellite, space
681	station, upper-stage, launch vehicle, reentry vehicle, and
682	related ground-support systems and equipment.
683	(j)  "Spaceflight business" means a business that:
684	1.  Is registered with the Secretary of State to do
685	business in this state; and
686	2.  Is currently engaged in a spaceflight project. A
687	spaceflight business may participate in more than one
688	spaceflight project at a time and may conduct work on a
689	commercial, governmental, or United States defense-related
690	spaceflight project.
691	(k)  "Spaceflight project" means any of the following
692	activities performed in this state:
693	1.  Designing, manufacturing, testing, or assembling a
694	space vehicle or components thereof;
695	2.  Providing a launch service, payload processing service,
696	or reentry service; or
697	3.  Providing the payload for a launch vehicle or reentry
698	space vehicle;
699	4.  Administrative support; or
700	5.  Providing the launch vehicle or the reentry vehicle for
701	space tourists.
702	(l)  "Taxpayer" has the same meaning as provided in s.
703	220.03.
704	(4)  TAX CREDITS.-
705	(a)  If approved and certified pursuant to subsection (5),
706	the following tax credits may be taken on a return for a taxable
707	year beginning on or after October 1, 2015:
708	1.  A certified spaceflight business may take a
709	nontransferable corporate income tax credit for up to 50 percent
710	of the business's tax liability under this chapter for the
711	taxable year in which the credit is taken. The maximum
712	nontransferable tax credit amount that may be approved per
713	taxpayer for a taxable year is $1 million. No more than $3
714	million in total tax credits pursuant to this subparagraph may
715	be certified pursuant to subsection (5). No credit may be
716	approved after October 1, 2017.
717	2.  A certified spaceflight business may transfer, in whole
718	or in part, its Florida net operating loss that would otherwise
719	be available to be taken on a return filed under this chapter,
720	provided that the activity giving rise to such net operating
721	loss must have occurred after July 1, 2011. The transfer allowed
722	under this subparagraph will be in the form of a transferable
723	tax credit equal to the amount of the net operating loss
724	eligible to be transferred. The maximum transferable tax credit
725	amount that may be approved per taxpayer for a taxable year is
726	$2.5 million. No more than $7 million in total tax credits
727	pursuant to this subparagraph may be certified pursuant to
728	subsection (5). No credit may be approved after October 1, 2017.
729	a.  In order to transfer the credit, the business must:
730	(I)  Have been approved to transfer the tax credit for the
731	taxable year in which it is transferred;
732	(II)  Have incurred a qualifying net operating loss on
733	activity in this state after July 1, 2011, directly associated
734	with one or more spaceflight projects in any of its 3 previous
735	taxable years;
736	(III)  Not be 50 percent or more owned or controlled,
737	directly or indirectly, by another corporation that has
738	demonstrated positive net income in any of the 3 previous
739	taxable years of ongoing operations; and
740	(IV)  Not be part of a consolidated group of affiliated
741	corporations, as filed for federal income tax purposes, which in
742	the aggregate demonstrated positive net income in any of the 3
743	previous taxable years.
744	b.  The credit that may be transferred by a certified
745	spaceflight business:
746	(I)  Is limited to the amount of eligible net operating
747	losses incurred in the immediate 3 taxable years before the
748	transfer; and
749	(II)  Must be directly associated with a spaceflight
750	project in this state as verified through an audit or
751	examination by a certified public accountant licensed to do
752	business in this state and as verified by the office.
753	(b)  Each certified spaceflight business may only be
754	approved for a credit under subparagraph (a)1. once and may only
755	be approved to transfer a tax credit under subparagraph (a)2.
756	once, and a certified spaceflight business may not be approved
757	for both in a single state fiscal year.
758	(c)  Credits approved under subparagraph (a)1. may be taken
759	only against the corporate income tax liability generated by or
760	arising out of a spaceflight project in this state, as verified
761	through an audit or examination by a certified public accountant
762	licensed to do business in this state and as verified by the
763	office.
764	(d)  A certified spaceflight business may not file a
765	consolidated return in order to claim the tax incentives
766	described in this subsection.
767	(e)  The certified spaceflight business or transferee must
768	demonstrate to the satisfaction of the office and the department
769	that it is eligible to take the credits approved under this
770	section.
771	(5)  APPLICATION AND CERTIFICATION.-
772	(a)  In order to claim a tax credit under this section, a
773	spaceflight business must first submit an application to the
774	office for approval to earn tax credits or create transferable
775	tax credits. The application must be filed by the date
776	established by the office. In addition to any information that
777	the office may require, the applicant must provide a complete
778	description of the activity in this state which demonstrates to
779	the office the applicant's likelihood to be certified to take or
780	transfer a credit. The applicant must also provide a description
781	of the total amount and type of credits for which approval is
782	sought. The office may consult with Space Florida regarding the
783	qualifications of an applicant. The applicant shall provide an
784	affidavit certifying that all information contained in the
785	application is true and correct.
786	1.  Approval of the credits shall be provided on a first-
787	come, first-served basis, based on the date the completed
788	applications are received by the office. A taxpayer may not
789	submit more than one completed application per state fiscal
790	year. The office may not accept an incomplete placeholder
791	application, and the submission of such an application will not
792	secure a place in the first-come, first-served application line.
793	2.  The office has 60 days after the receipt of a completed
794	application within which to issue a notice of intent to deny or
795	approve an application for credits. The office must ensure that
796	the corporate income tax credits approved for all applicants
797	does not exceed the limits provided in this section.
798	(b)  In order to take a tax credit under subparagraph (a)1.
799	or, if applicable, to transfer an approved credit under
800	subparagraph (a)2., a spaceflight business must submit an
801	application for certification to the office along with a
802	nonrefundable $250 fee.
803	1.  The application must include:
804	a.  The name and physical in-state address of the taxpayer.
805	b.  Documentation demonstrating to the satisfaction of the
806	office that:
807	(I)  The taxpayer is a spaceflight business.
808	(II)  The business has engaged in a qualifying spaceflight
809	project before taking or transferring a credit under this
810	section.
811	c.  In addition to any requirement specific to a credit,
812	documentation that the business has:
813	(I)  Created 35 new jobs in this state directly associated
814	with spaceflight projects during its immediately preceding 3
815	taxable years. The business shall be deemed to have created new
816	jobs if the number of full-time jobs located in this state at
817	the time of application for certification is greater than the
818	total number of full-time jobs located in this state at the time
819	of application for approval to earn credits; and
820	(II)  Invested a total of at least $15 million in this
821	state on a spaceflight project during its immediately preceding
822	3 taxable years.
823	d.  The total amount and types of credits sought.
824	e.  An acknowledgment that a transfer of a tax credit is to
825	be accomplished pursuant to subsection (5).
826	f.  A copy of an audit or audits of the preceding 3 taxable
827	years, prepared by a certified public accountant licensed to
828	practice in this state, which identifies that portion of the
829	business's activities in this state related to spaceflight
830	projects in this state.
831	g.  An acknowledgement that the business must file an
832	annual report on the spaceflight project's progress with the
833	office.
834	h.  Any other information necessary to demonstrate that the
835	applicant meets the job creation, investment, and other
836	requirements of this section.
837	2.  Within 60 days after receipt of the application for
838	certification, the office shall evaluate the application and
839	recommend the business for certification or denial. The
840	executive director of the office must approve or deny the
841	application within 30 days after receiving the recommendation.
842	If approved, the office must provide a letter of certification
843	to the applicant consistent with any restrictions imposed. If
844	the office denies any part of the requested credit, the office
845	must inform the applicant of the grounds for the denial. A copy
846	of the certification shall be submitted to the department within
847	10 days after the executive director's approval.
848	(6)  TRANSFERABILITY OF CREDIT.-
849	(a)  A certified spaceflight business allowed to transfer
850	an approved credit, in whole or in part, to a taxpayer by
851	written agreement may do so without transferring any ownership
852	interest in the property generating the credit or any interest
853	in the entity owning such property.
854	(b)  In order to perfect the transfer, the transferor shall
855	provide the department with a written transfer statement that
856	has been approved by the office notifying the department of the
857	transferor's intent to transfer the tax credits to the
858	transferee; the date that the transfer is effective; the
859	transferee's name, address, and federal taxpayer identification
860	number; the tax period; and the amount of tax credits to be
861	transferred. Upon receipt of the approved transfer statement,
862	the department shall provide the transferee and the office with
863	a certificate reflecting the tax credit amounts transferred. A
864	copy of the certificate must be attached to each tax return for
865	which the transferee seeks to apply the credits.
866	(7)  AUDIT AUTHORITY; RECAPTURE OF CREDITS.-
867	(a)  In addition to its existing audit and investigative
868	authority, the department may perform any additional financial
869	and technical audits and investigations, including examining the
870	accounts, books, and financial records of the tax credit
871	applicant, which are necessary for verifying the accuracy of the
872	return and to ensure compliance with this section. If requested
873	by the department, the office and Space Florida must provide
874	technical assistance for any technical audits or examinations
875	performed under this subsection.
876	(b)  Grounds for forfeiture of previously claimed tax
877	credits approved under this section exist if the department
878	determines, as a result of an audit or examination, or from
879	information received from the office, that a certified
880	spaceflight business, or in the case of transferred tax credits,
881	a taxpayer received tax credits for which the certified
882	spaceflight business or taxpayer was not entitled. The
883	spaceflight business or transferee must file an amended return
884	reflecting the disallowed credits and paying any tax due as a
885	result of the amendment.
886	(c)  If an amendment to, recomputation of, or
887	redetermination of a certified spaceflight business's Florida
888	corporate income tax return changes an item entered into the
889	computation of a claimed credit, the taxpayer must notify the
890	department by filing an amended return. The amount of any credit
891	award not supported by the amended return shall be deemed a
892	deficiency that must be remitted with the amended return and is
893	subject to s. 220.23. The spaceflight business is also liable
894	for a penalty equal to the credit claimed or transferred,
895	reduced in proportion to the amount of the net operating loss
896	certified for transfer which is disallowed over the amount of
897	the net operating loss certified for the credit. The certified
898	business and its successors must maintain all records necessary
899	to support the reported net operating loss.
900	(d)  The office may revoke or modify a certification
901	granting eligibility for tax credits if it finds that the
902	certified spaceflight business made a false statement or
903	representation in any application, record, report, plan, or
904	other document filed in an attempt to receive tax credits under
905	this section. The office shall immediately notify the department
906	of any revoked or modified orders affecting previously granted
907	tax credits. The certified spaceflight business must also notify
908	the department of any change in its claimed tax credit.
909	(e)  The certified spaceflight business must file with the
910	department an amended return or other report required by the
911	department by rule and pay any required tax and interest within
912	60 days after the certified business receives notification from
913	the office that previously approved tax credits have been
914	revoked or modified. If the revocation or modification order is
915	contested, the spaceflight business must file the amended return
916	or other report within 60 days after a final order is issued.
917	(f)  The department may assess an additional tax, penalty,
918	or interest pursuant to s. 95.091.
919	(8)  RULES.-
920	(a)  The office, in consultation with Space Florida, shall
921	adopt rules to administer this section, including rules relating
922	to application forms for credit approval and certification, and
923	the application and certification procedures, guidelines, and
924	requirements necessary to administer this section.
925	(b)  The department may adopt rules to administer this
926	section, including rules relating to:
927	1.  The forms required to claim a tax credit under this
928	section, the requirements and basis for establishing an
929	entitlement to a credit, and the examination and audit
930	procedures required to administer this section.
931	2.  The implementation and administration of provisions
932	allowing the transfer of a net operating loss as a tax credit,
933	including rules that prescribe forms, reporting requirements,
934	and specific procedures, guidelines, and requirements necessary
935	to perform the transfer.
936	3.  The minimum portion of the credit which is available
937	for transfer.
938	(9)  ANNUAL REPORT.-Beginning in 2014, the office, in
939	cooperation with Space Florida and the department, shall submit
940	an annual report summarizing activities relating to the Florida
941	Space Business Incentives Act established under this section to
942	the Governor, the President of the Senate, and the Speaker of
943	the House of Representatives by each November 30.
944	(10)  NONAPPLICABILITY.-This section does not apply to
945	returns filed for any tax period before October 1, 2015.
946	Section 16.  Effective January 1, 2012, section 220.195,
947	Florida Statutes, is created to read:
948	220.195  Emergency excise tax credit.-
949	(1)  Beginning with taxable years ending in 2012, a
950	taxpayer who has earned, but not yet taken, a credit for
951	emergency excise tax paid under former s. 221.02 may take such
952	credit against the tax imposed by this chapter.
953	(2)  If a credit granted pursuant to this section is not
954	fully used in taxable years ending in 2012 because of
955	insufficient tax liability on the part of the taxpayer, the
956	unused amount may be carried forward for a period not to exceed
957	5 years. The carryover credit may be used in a subsequent year
958	when the tax imposed by this chapter for such year exceeds the
959	credit for such year, after applying the other credits and
960	unused credit carryovers in the order provided in s. 220.02(8).
961	Section 17.  Effective July 1, 2011, and applicable to
962	taxable years beginning on or after January 1, 2012, section
963	220.196, Florida Statutes, is created to read:
964	220.196  Research and development tax credit.-
965	(1)  DEFINITIONS.-As used in this section, the term:
966	(a)  "Base amount" means the average of the business
967	enterprise's qualified research expenses in this state allowed
968	under 26 U.S.C. s. 41 for the 4 taxable years preceding the
969	taxable year for which the credit is determined. The qualified
970	research expenses taken into account in computing the base
971	amount shall be determined on a basis consistent with the
972	determination of qualified research expenses for the taxable
973	year.
974	(b)  "Business enterprise" means any corporation as defined
975	in s. 220.03 which meets the definition of a target industry
976	business as defined in s. 288.106.
977	(c)  "Qualified research expenses" mean research expenses
978	qualifying for the credit under 26 U.S.C. s. 41 for in-house
979	research expenses incurred in this state or contract research
980	expenses incurred in this state. The term does not include
981	research conducted outside this state or research expenses that
982	do not qualify for a credit under 26 U.S.C. s. 41.
983	(2)  TAX CREDIT.-Subject to the limitations contained in
984	paragraph (e), a business enterprise is eligible for a credit
985	against the tax imposed by this chapter if the business
986	enterprise has qualified research expenses in this state in the
987	taxable year exceeding the base amount and, for the same taxable
988	year, claims and is allowed a research credit for such qualified
989	research expenses under 26 U.S.C. s. 41.
990	(a)  The tax credit shall be 10 percent of the excess
991	qualified research expenses over the base amount. However, the
992	maximum tax credit for a business enterprise that has not been
993	in existence for at least 4 taxable years immediately preceding
994	the taxable year is reduced by 25 percent for each taxable year
995	for which the business enterprise, or a predecessor corporation
996	that was a business enterprise, did not exist.
997	(b)  The credit taken in any taxable year may not exceed 50
998	percent of the business enterprise's remaining net income tax
999	liability under this chapter after all other credits have been
1000	applied under s. 220.02(8).
1001	(c)  Any unused credit authorized under this section may be
1002	carried forward and claimed by the taxpayer for up to 5 years.
1003	(d)  The combined total amount of tax credits which may be
1004	granted to all business enterprises under this section during
1005	any calendar year is $9 million. Applications may be filed with
1006	the department on or after March 20 for qualified research
1007	expenses incurred within the preceding calendar year, and
1008	credits shall be granted in the order in which completed
1009	applications are received.
1010	(3)  RECALCULATION OF CREDIT AMOUNT.-If the amount of
1011	qualified research expenses is reduced as a result of a federal
1012	audit or examination, the credit granted pursuant to this
1013	section must be recalculated. The taxpayer must file amended
1014	returns for all affected years pursuant to s. 220.23(2), and the
1015	taxpayer must pay to the department the difference between the
1016	initial credit amount taken and the recalculated credit amount
1017	with interest.
1018	(4)  RULES.-The department may adopt rules to administer
1019	this section, including, but not limited to, rules prescribing
1020	forms and application procedures and dates, and may establish
1021	guidelines for making an affirmative showing of qualification
1022	for a credit and any evidence needed to substantiate a claim for
1023	credit under this section.
1024	Section 18.  Effective January 1, 2012, subsection (4) of
1025	section 220.801, Florida Statutes, is amended to read:
1026	220.801  Penalties; failure to timely file returns.-
1027	(4)  The provisions of this section shall specifically
1028	apply to the notice of federal change required under s. 220.23,
1029	and to any tax returns required under chapter 221, relating to
1030	the emergency excise tax.
1031	Section 19.  Effective January 1, 2012, section 213.05,
1032	Florida Statutes, is amended to read:
1033	213.05  Department of Revenue; control and administration
1034	of revenue laws.-The Department of Revenue shall have only those
1035	responsibilities for ad valorem taxation specified to the
1036	department in chapter 192, taxation, general provisions; chapter
1037	193, assessments; chapter 194, administrative and judicial
1038	review of property taxes; chapter 195, property assessment
1039	administration and finance; chapter 196, exemption; chapter 197,
1040	tax collections, sales, and liens; chapter 199, intangible
1041	personal property taxes; and chapter 200, determination of
1042	millage. The Department of Revenue shall have the responsibility
1043	of regulating, controlling, and administering all revenue laws
1044	and performing all duties as provided in s. 125.0104, the Local
1045	Option Tourist Development Act; s. 125.0108, tourist impact tax;
1046	chapter 198, estate taxes; chapter 201, excise tax on documents;
1047	chapter 202, communications services tax; chapter 203, gross
1048	receipts taxes; chapter 206, motor and other fuel taxes; chapter
1049	211, tax on production of oil and gas and severance of solid
1050	minerals; chapter 212, tax on sales, use, and other
1051	transactions; chapter 220, income tax code; chapter 221,
1052	emergency excise tax; ss. 336.021 and 336.025, taxes on motor
1053	fuel and special fuel; s. 376.11, pollutant spill prevention and
1054	control; s. 403.718, waste tire fees; s. 403.7185, lead-acid
1055	battery fees; s. 538.09, registration of secondhand dealers; s.
1056	538.25, registration of secondary metals recyclers; s. 624.4621,
1057	group self-insurer's fund premium tax; s. 624.5091, retaliatory
1058	tax; s. 624.475, commercial self-insurance fund premium tax; ss.
1059	624.509-624.511, insurance code: administration and general
1060	provisions; s. 624.515, State Fire Marshal regulatory
1061	assessment; s. 627.357, medical malpractice self-insurance
1062	premium tax; s. 629.5011, reciprocal insurers premium tax; and
1063	s. 681.117, motor vehicle warranty enforcement.
1064	Section 20.  Paragraph (dd) is added to subsection (8) of
1065	section 213.053, Florida Statutes, as amended by chapter 2010-
1066	280, Laws of Florida, and effective January 1, 2012, subsection
1067	(1) and paragraph (k) of subsection (8) of that section are
1068	amended, to read:
1069	213.053  Confidentiality and information sharing.-
1070	(1)  This section applies to:
1071	(a)  Section 125.0104, county government;
1072	(b)  Section 125.0108, tourist impact tax;
1073	(c)  Chapter 175, municipal firefighters' pension trust
1074	funds;
1075	(d)  Chapter 185, municipal police officers' retirement
1076	trust funds;
1077	(e)  Chapter 198, estate taxes;
1078	(f)  Chapter 199, intangible personal property taxes;
1079	(g)  Chapter 201, excise tax on documents;
1080	(h)  Chapter 202, the Communications Services Tax
1081	Simplification Law;
1082	(i)  Chapter 203, gross receipts taxes;
1083	(j)  Chapter 211, tax on severance and production of
1084	minerals;
1085	(k)  Chapter 212, tax on sales, use, and other
1086	transactions;
1087	(l)  Chapter 220, income tax code;
1088	(m)  Chapter 221, emergency excise tax;
1089	(m)(n)  Section 252.372, emergency management,
1090	preparedness, and assistance surcharge;
1091	(n)(o)  Section 379.362(3), Apalachicola Bay oyster
1092	surcharge;
1093	(o)(p)  Chapter 376, pollutant spill prevention and
1094	control;
1095	(p)(q)  Section 403.718, waste tire fees;
1096	(q)(r)  Section 403.7185, lead-acid battery fees;
1097	(r)(s)  Section 538.09, registration of secondhand dealers;
1098	(s)(t)  Section 538.25, registration of secondary metals
1099	recyclers;
1100	(t)(u)  Sections 624.501 and 624.509-624.515, insurance
1101	code;
1102	(u)(v)  Section 681.117, motor vehicle warranty
1103	enforcement; and
1104	(v)(w)  Section 896.102, reports of financial transactions
1105	in trade or business.
1106	(8)  Notwithstanding any other provision of this section,
1107	the department may provide:
1108	(k)1.  Payment information relative to chapters 199, 201,
1109	202, 212, 220, 221, and 624 and former chapter 221 to the Office
1110	of Tourism, Trade, and Economic Development, or its employees or
1111	agents that are identified in writing by the office to the
1112	department, in the administration of the tax refund program for
1113	qualified defense contractors and space flight business
1114	contractors authorized by s. 288.1045 and the tax refund program
1115	for qualified target industry businesses authorized by s.
1116	288.106.
1117	2.  Information relative to tax credits taken by a business
1118	under s. 220.191 and exemptions or tax refunds received by a
1119	business under s. 212.08(5)(j) to the Office of Tourism, Trade,
1120	and Economic Development, or its employees or agents that are
1121	identified in writing by the office to the department, in the
1122	administration and evaluation of the capital investment tax
1123	credit program authorized in s. 220.191 and the semiconductor,
1124	defense, and space tax exemption program authorized in s.
1125	212.08(5)(j).
1126	3.  Information relative to tax credits taken by a taxpayer
1127	pursuant to the tax credit programs created in ss. 193.017;
1128	212.08(5)(g),(h),(n),(o) and (p); 212.08(15); 212.096; 212.097;
1129	212.098; 220.181; 220.182; 220.183; 220.184; 220.1845; 220.185;
1130	220.1895; 220.19; 220.191; 220.192; 220.193; 288.0656; 288.99;
1131	290.007; 376.30781; 420.5093; 420.5099; 550.0951; 550.26352;
1132	550.2704; 601.155; 624.509; 624.510; 624.5105; and 624.5107 to
1133	the Office of Tourism, Trade, and Economic Development, or its
1134	employees or agents that are identified in writing by the office
1135	to the department, for use in the administration or evaluation
1136	of such programs.
1137	4.  Information relative to single sales factor
1138	apportionment used by a taxpayer to the Office of Tourism,
1139	Trade, and Economic Development or its employees or agents who
1140	are identified in writing by the office to the department for
1141	use by the office to administer s. 220.153.
1142	(dd)  Information relating to tax credits taken under s.
1143	220.194 to the Office of Tourism, Trade, and Economic
1144	Development or to Space Florida.
1145
1146	Disclosure of information under this subsection shall be
1147	pursuant to a written agreement between the executive director
1148	and the agency. Such agencies, governmental or nongovernmental,
1149	shall be bound by the same requirements of confidentiality as
1150	the Department of Revenue. Breach of confidentiality is a
1151	misdemeanor of the first degree, punishable as provided by s.
1152	775.082 or s. 775.083.
1153	Section 21.  Effective January 1, 2012, subsection (12) of
1154	section 213.255, Florida Statutes, is amended to read:
1155	213.255  Interest.-Interest shall be paid on overpayments
1156	of taxes, payment of taxes not due, or taxes paid in error,
1157	subject to the following conditions:
1158	(12)  The rate of interest shall be the adjusted rate
1159	established pursuant to s. 213.235, except that the annual rate
1160	of interest shall never be greater than 11 percent. This annual
1161	rate of interest shall be applied to all refunds of taxes
1162	administered by the department except for corporate income taxes
1163	and emergency excise taxes governed by ss. 220.721 and 220.723.
1164	Section 22.  Effective January 1, 2012, chapter 221,
1165	Florida Statutes, consisting of sections 221.01, 221.02, 221.04,
1166	and 221.05, is repealed.
1167	Section 23.  Effective January 1, 2012, paragraph (a) of
1168	subsection (6) of section 288.075, Florida Statutes, is amended
1169	to read:
1170	288.075  Confidentiality of records.-
1171	(6)  ECONOMIC INCENTIVE PROGRAMS.-
1172	(a)  The following information held by an economic
1173	development agency pursuant to the administration of an economic
1174	incentive program for qualified businesses is confidential and
1175	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
1176	Constitution for a period not to exceed the duration of the
1177	incentive agreement, including an agreement authorizing a tax
1178	refund or tax credit, or upon termination of the incentive
1179	agreement:
1180	1.  The percentage of the business's sales occurring
1181	outside this state and, for businesses applying under s.
1182	288.1045, the percentage of the business's gross receipts
1183	derived from Department of Defense contracts during the 5 years
1184	immediately preceding the date the business's application is
1185	submitted.
1186	2.  The anticipated wages for the project jobs that the
1187	business plans to create, as reported on the application for
1188	certification.
1189	3.  The average wage actually paid by the business for
1190	those jobs created by the project or an employee's personal
1191	identifying information which is held as evidence of the
1192	achievement or nonachievement of the wage requirements of the
1193	tax refund, tax credit, or incentive agreement programs or of
1194	the job creation requirements of such programs.
1195	4.  The amount of:
1196	a.  Taxes on sales, use, and other transactions paid
1197	pursuant to chapter 212;
1198	b.  Corporate income taxes paid pursuant to chapter 220;
1199	c.  Intangible personal property taxes paid pursuant to
1200	chapter 199;
1201	d.  Emergency excise taxes paid pursuant to chapter 221;
1202	d.e.  Insurance premium taxes paid pursuant to chapter 624;
1203	e.f.  Excise taxes paid on documents pursuant to chapter
1204	201;
1205	f.g.  Ad valorem taxes paid, as defined in s. 220.03(1); or
1206	g.h.  State communications services taxes paid pursuant to
1207	chapter 202.
1208	Section 24.  Paragraph (c) of subsection (2) of section
1209	288.1045, Florida Statutes, and effective January 1, 2012,
1210	paragraph (f) of that subsection, are amended to read:
1211	288.1045  Qualified defense contractor and space flight
1212	business tax refund program.-
1213	(2)  GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.-
1214	(c)  A qualified applicant may not receive more than $7 $5
1215	million in tax refunds pursuant to this section in all fiscal
1216	years.
1217	(f)  After entering into a tax refund agreement pursuant to
1218	subsection (4), a qualified applicant may:
1219	1.  Receive refunds from the account for corporate income
1220	taxes due and paid pursuant to chapter 220 by that business
1221	beginning with the first taxable year of the business which
1222	begins after entering into the agreement.
1223	2.  Receive refunds from the account for the following
1224	taxes due and paid by that business after entering into the
1225	agreement:
1226	a.  Taxes on sales, use, and other transactions paid
1227	pursuant to chapter 212.
1228	b.  Intangible personal property taxes paid pursuant to
1229	chapter 199.
1230	c.  Emergency excise taxes paid pursuant to chapter 221.
1231	c.d.  Excise taxes paid on documents pursuant to chapter
1232	201.
1233	d.e.  Ad valorem taxes paid, as defined in s. 220.03(1)(a)
1234	on June 1, 1996.
1235	e.f.  State communications services taxes administered
1236	under chapter 202. This provision does not apply to the gross
1237	receipts tax imposed under chapter 203 and administered under
1238	chapter 202 or the local communications services tax authorized
1239	under s. 202.19.
1240
1241	However, a qualified applicant may not receive a tax refund
1242	pursuant to this section for any amount of credit, refund, or
1243	exemption granted such contractor for any of such taxes. If a
1244	refund for such taxes is provided by the office, which taxes are
1245	subsequently adjusted by the application of any credit, refund,
1246	or exemption granted to the qualified applicant other than that
1247	provided in this section, the qualified applicant shall
1248	reimburse the Economic Development Trust Fund for the amount of
1249	such credit, refund, or exemption. A qualified applicant must
1250	notify and tender payment to the office within 20 days after
1251	receiving a credit, refund, or exemption, other than that
1252	provided in this section. The addition of communications
1253	services taxes administered under chapter 202 is remedial in
1254	nature and retroactive to October 1, 2001. The office may make
1255	supplemental tax refund payments to allow for tax refunds for
1256	communications services taxes paid by an eligible qualified
1257	defense contractor after October 1, 2001.
1258	Section 25.  Paragraph (c) of subsection (3) of section
1259	288.106, Florida Statutes, and effective January 1, 2012,
1260	paragraph (d) of that subsection, are amended to read:
1261	288.106  Tax refund program for qualified target industry
1262	businesses.-
1263	(3)  TAX REFUND; ELIGIBLE AMOUNTS.-
1264	(c)  A qualified target industry business may not receive
1265	refund payments of more than 25 percent of the total tax refunds
1266	specified in the tax refund agreement under subparagraph
1267	(5)(a)1. in any fiscal year. Further, a qualified target
1268	industry business may not receive more than $1.5 million in
1269	refunds under this section in any single fiscal year, or more
1270	than $2.5 million in any single fiscal year if the project is
1271	located in an enterprise zone. A qualified target industry
1272	business may not receive more than $7 $5 million in refund
1273	payments under this section in all fiscal years, or more than
1274	$7.5 million if the project is located in an enterprise zone.
1275	(d)  After entering into a tax refund agreement under
1276	subsection (5), a qualified target industry business may:
1277	1.  Receive refunds from the account for the following
1278	taxes due and paid by that business beginning with the first
1279	taxable year of the business that begins after entering into the
1280	agreement:
1281	a.  Corporate income taxes under chapter 220.
1282	b.  Insurance premium tax under s. 624.509.
1283	2.  Receive refunds from the account for the following
1284	taxes due and paid by that business after entering into the
1285	agreement:
1286	a.  Taxes on sales, use, and other transactions under
1287	chapter 212.
1288	b.  Intangible personal property taxes under chapter 199.
1289	c.  Emergency excise taxes under chapter 221.
1290	c.d.  Excise taxes on documents under chapter 201.
1291	d.e.  Ad valorem taxes paid, as defined in s. 220.03(1).
1292	e.f.  State communications services taxes administered
1293	under chapter 202. This provision does not apply to the gross
1294	receipts tax imposed under chapter 203 and administered under
1295	chapter 202 or the local communications services tax authorized
1296	under s. 202.19.
1297	Section 26.  Paragraphs (b), (h), and (i) of subsection
1298	(1), paragraphs (c) and (e) of subsection (3), paragraph (b) of
1299	subsection (4), paragraph (c) of subsection (5), paragraph (a)
1300	of subsection (7), and subsection (10) of section 288.1254,
1301	Florida Statutes, are amended, and paragraphs (k), (l), (m),
1302	(n), and (o) are added to subsection (1) of that section, to
1303	read:
1304	288.1254  Entertainment industry financial incentive
1305	program.-
1306	(1)  DEFINITIONS.-As used in this section, the term:
1307	(b)  "Digital media project" means a production of
1308	interactive entertainment that is produced for distribution in
1309	commercial or educational markets. The term includes a video
1310	game or production intended for Internet or wireless
1311	distribution. The term does not include a production that
1312	contains deemed by the Office of Film and Entertainment to
1313	contain obscene content as defined in s. 847.001(10).
1314	(f)  "Production" means a theatrical or direct-to-video
1315	motion picture; a made-for-television motion picture; visual
1316	effects or digital animation sequences produced in conjunction
1317	with a motion picture; a commercial; a music video; an
1318	industrial or educational film; an infomercial; a documentary
1319	film; a television pilot program; a presentation for a
1320	television pilot program; a television series, including, but
1321	not limited to, a drama, a reality show, a comedy, a soap opera,
1322	a telenovela, a game show, an awards show, or a miniseries
1323	production; or a digital media project by the entertainment
1324	industry. One season of a television series is considered one
1325	production. The term does not include a weather or market
1326	program; a sporting event; a sports show; a gala; a production
1327	that solicits funds; a home shopping program; a political
1328	program; a political documentary; political advertising; a
1329	gambling-related project or production; a concert production; or
1330	a local, regional, or Internet-distributed-only news show,
1331	current-events show, pornographic production, or current-affairs
1332	show. A production may be produced on or by film, tape, or
1333	otherwise by means of a motion picture camera; electronic camera
1334	or device; tape device; computer; any combination of the
1335	foregoing; or any other means, method, or device.
1336	(h)  "Qualified expenditures" means production expenditures
1337	incurred in this state by a qualified production for:
1338	1.  Goods purchased or leased from, or services, including,
1339	but not limited to, insurance costs and bonding, payroll
1340	services, and legal fees, which are provided by, a vendor or
1341	supplier in this state that is registered with the Department of
1342	State or the Department of Revenue, has a physical location in
1343	this state, and employs one or more legal residents of this
1344	state. This does not include re-billed goods or services
1345	provided by an in-state company from out-of-state vendors or
1346	suppliers. When services are provided by the vendor or supplier
1347	include personal services or labor, only personal services or
1348	labor provided by residents of this state, evidenced by the
1349	required documentation of residency in this state, qualify.
1350	2.  Payments to legal residents of this state in the form
1351	of salary, wages, or other compensation up to a maximum of
1352	$400,000 per resident unless otherwise specified in subsection
1353	(4). A completed declaration of residency in this state must
1354	accompany the documentation submitted to the office for
1355	reimbursement.
1356
1357	For a qualified production involving an event, such as an awards
1358	show, the term does not include expenditures solely associated
1359	with the event itself and not directly required by the
1360	production. The term does not include expenditures incurred
1361	before certification, with the exception of those incurred for a
1362	commercial, a music video, or the pickup of additional episodes
1363	of a high-impact television series within a single season. Under
1364	no circumstances may the qualified production include in the
1365	calculation for qualified expenditures the original purchase
1366	price for equipment or other tangible property that is later
1367	sold or transferred by the qualified production for
1368	consideration. In such cases, the qualified expenditure is the
1369	net of the original purchase price minus the consideration
1370	received upon sale or transfer.
1371	(i)  "Qualified production" means a production in this
1372	state meeting the requirements of this section. The term does
1373	not include a production:
1374	1.  In which, for the first 2 years of the incentive
1375	program, less than 50 percent, and thereafter, less than 60
1376	percent, of the positions that make up its production cast and
1377	below-the-line production crew, or, in the case of digital media
1378	projects, less than 75 percent of such positions, are filled by
1379	legal residents of this state, whose residency is demonstrated
1380	by a valid Florida driver's license or other state-issued
1381	identification confirming residency, or students enrolled full-
1382	time in a film-and-entertainment-related course of study at an
1383	institution of higher education in this state; or
1384	2.  That contains is deemed by the Office of Film and
1385	Entertainment to contain obscene content as defined in s.
1386	847.001(10).
1387	(k)  "Qualified digital media production facility" means a
1388	building or series of buildings and their improvements in which
1389	data processing, visualization, and sound synchronization
1390	technologies are regularly applied for the production of
1391	qualified digital media projects or the digital animation
1392	components of qualified productions.
1393	(l)  "Qualified production facility" means a building or
1394	complex of buildings and their improvements and associated
1395	backlot facilities in which regular filming activity for film or
1396	television has occurred for a period of no less than one year
1397	and which contain at least one sound stage of at least 7,800
1398	square feet.
1399	(m)  "Regional population ratio" means the ratio of the
1400	population of a region to the population of this state. The
1401	regional population ratio applicable to a given fiscal year is
1402	the regional population ratio calculated by the Office of Film
1403	and Entertainment using the latest official estimates of
1404	population certified under s. 186.901, available on the first
1405	day of that fiscal year.
1406	(n)  "Regional tax credit ratio" means a ratio the
1407	numerator of which is the sum of tax credits awarded to
1408	productions in a region to date plus the tax credits certified,
1409	but not yet awarded, to productions currently in that region and
1410	the denominator of which is the sum of all tax credits awarded
1411	in the state to date plus all tax credits certified, but not yet
1412	awarded, to productions currently in the state. The regional tax
1413	credit ratio applicable to a given year is the regional tax
1414	credit ratio calculated by the Office of Film and Entertainment
1415	using credit award and certification information available on
1416	the first day of that fiscal year.
1417	(o)  "Underutilized region" for a given state fiscal year
1418	means a region with a regional tax credit ratio applicable to
1419	that fiscal year that is lower than its regional population
1420	ratio applicable to that fiscal year. The following regions are
1421	established for purposes of making this determination:
1422	1.  North Region, consisting of Alachua, Baker, Bay,
1423	Bradford, Calhoun, Clay, Columbia, Dixie, Duval, Escambia,
1424	Franklin, Gadsden, Gilchrist, Gulf, Hamilton, Holmes, Jackson,
1425	Jefferson, Lafayette, Leon, Levy, Liberty, Madison, Nassau,
1426	Okaloosa, Putnam, Santa Rosa, St. Johns, Suwannee, Taylor,
1427	Union, Wakulla, Walton, and Washington counties.
1428	2.  Central East Region, consisting of Brevard, Flagler,
1429	Indian River, Lake, Okeechobee, Orange, Osceola, Seminole, St.
1430	Lucie, and Volusia counties.
1431	3.  Central West Region, consisting of Citrus, Hernando,
1432	Hillsborough, Manatee, Marion, Polk, Pasco, Pinellas, Sarasota,
1433	and Sumter counties.
1434	4.  Southwest Region, consisting of Charlotte, Collier,
1435	DeSoto, Glades, Hardee, Hendry, Highlands, and Lee counties.
1436	5.  Southeast Region, consisting of Broward, Martin, Miami-
1437	Dade, Monroe, and Palm Beach counties.
1438	(3)  APPLICATION PROCEDURE; APPROVAL PROCESS.-
1439	(c)  Application process.-The Office of Film and
1440	Entertainment shall establish a process by which an application
1441	is accepted and reviewed and by which tax credit eligibility and
1442	award amount are determined. The Office of Film and
1443	Entertainment may request assistance from a duly appointed local
1444	film commission in determining compliance with this section. A
1445	certified high-impact television series may submit an initial
1446	application for no more than two successive seasons,
1447	notwithstanding the fact that the successive seasons have not
1448	been ordered. The successive season's qualified expenditure
1449	amounts shall be based on the current season's estimated
1450	qualified expenditures. Upon the completion of production of
1451	each season, a high-impact television series may submit an
1452	application for no more than one additional season.
1453	(e)  Grounds for denial.-The Office of Film and
1454	Entertainment shall deny an application if it determines that
1455	the application is not complete or the production or application
1456	does not meet the requirements of this section. Within 90 days
1457	after submitting a program application, except with respect to
1458	applications in the independent and emerging media queue, a
1459	production must provide proof of project financing to the Office
1460	of Film and Entertainment, otherwise the project is deemed
1461	denied and withdrawn. A project that has been withdrawn may
1462	submit a new application upon providing the Office of Film and
1463	Entertainment proof of financing.
1464	(4)  TAX CREDIT ELIGIBILITY; TAX CREDIT AWARDS; QUEUES;
1465	ELECTION AND DISTRIBUTION; CARRYFORWARD; CONSOLIDATED RETURNS;
1466	PARTNERSHIP AND NONCORPORATE DISTRIBUTIONS; MERGERS AND
1467	ACQUISITIONS.-
1468	(b)  Tax credit eligibility.-
1469	1.  General production queue.-Ninety-four percent of tax
1470	credits authorized pursuant to subsection (6) in any state
1471	fiscal year must be dedicated to the general production queue.
1472	The general production queue consists of all qualified
1473	productions other than those eligible for the commercial and
1474	music video queue or the independent and emerging media
1475	production queue. A qualified production that demonstrates a
1476	minimum of $625,000 in qualified expenditures is eligible for
1477	tax credits equal to 20 percent of its actual qualified
1478	expenditures, up to a maximum of $8 million. A qualified
1479	production that incurs qualified expenditures during multiple
1480	state fiscal years may combine those expenditures to satisfy the
1481	$625,000 minimum threshold.
1482	a.  An off-season certified production that is a feature
1483	film, independent film, or television series or pilot is
1484	eligible for an additional 5-percent tax credit on actual
1485	qualified expenditures. An off-season certified production that
1486	does not complete 75 percent of principal photography due to a
1487	disruption caused by a hurricane or tropical storm may not be
1488	disqualified from eligibility for the additional 5-percent
1489	credit as a result of the disruption.
1490	b.  If more than 25 percent of the sum of total tax credits
1491	awarded to productions after July 1, 2010, and total tax credits
1492	certified, but not yet awarded, to productions currently in this
1493	state has been awarded for television series, then no television
1494	series or pilot shall be eligible for tax credits under this
1495	subparagraph.
1496	c.  The calculations required by this sub-subparagraph
1497	shall use only credits available to be certified and awarded on
1498	or after July 1, 2011.
1499	(I)  If the provisions of sub-subparagraph b. are not
1500	applicable and less than 25 percent of the sum of the total tax
1501	credits awarded to productions and the total tax credits
1502	certified, but not yet awarded, to productions currently in this
1503	state has been to high-impact television series, any A qualified
1504	high-impact television series shall be allowed first position in
1505	this queue for tax credit awards not yet certified.
1506	(II)  If less than 20 percent of the sum of the total tax
1507	credits awarded to productions and the total tax credits
1508	certified, but not yet awarded, to productions currently in this
1509	state has been to digital media projects, any digital media
1510	project with qualified expenditures of greater than $4,500,000
1511	shall be allowed first position in this queue for tax credit
1512	awards not yet certified.
1513	(III)  For the purposes of determining position between a
1514	high-impact television series allowed first position and a
1515	digital media project allowed first position under this sub-
1516	subparagraph, tax credits shall be awarded on a first-come,
1517	first-served basis.
1518	d.  A qualified production that incurs at least 85 percent
1519	of its qualified expenditures within a region designated as an
1520	underutilized region at the time that the production is
1521	certified is eligible for an additional 5 percent tax credit.
1522	e.  Any qualified production that employs students enrolled
1523	full-time in a film and entertainment-related or digital media-
1524	related course of study at an institution of higher education in
1525	this state is eligible for an additional 15 percent tax credit
1526	on qualified expenditures that are wages, salaries, or other
1527	compensation paid to such students. The additional 15 percent
1528	tax credit shall also be applicable to persons hired within 12
1529	months of graduating from a film and entertainment-related or
1530	digital media-related course of study at an institution of
1531	higher education in this state. The additional 15 percent tax
1532	credit shall apply to qualified expenditures that are wages,
1533	salaries, or other compensation paid to such recent graduates
1534	for one year from the date of hiring.
1535	f.  A qualified production for which 50 percent or more of
1536	its principal photography occurs at a qualified production
1537	facility, or a qualified digital media project or the digital
1538	animation component of a qualified production for which 50
1539	percent or more of the project's or component's qualified
1540	expenditures are related to a qualified digital media production
1541	facility shall be eligible for an additional 5 percent tax
1542	credit on actual qualified expenditures for production activity
1543	at that facility.
1544	g.  No qualified production shall be eligible for tax
1545	credits provided under this paragraph totaling more than 30
1546	percent of its actual qualified expenses.
1547	2.  Commercial and music video queue.-Three percent of tax
1548	credits authorized pursuant to subsection (6) in any state
1549	fiscal year must be dedicated to the commercial and music video
1550	queue. A qualified production company that produces national or
1551	regional commercials or music videos may be eligible for a tax
1552	credit award if it demonstrates a minimum of $100,000 in
1553	qualified expenditures per national or regional commercial or
1554	music video and exceeds a combined threshold of $500,000 after
1555	combining actual qualified expenditures from qualified
1556	commercials and music videos during a single state fiscal year.
1557	After a qualified production company that produces commercials,
1558	music videos, or both reaches the threshold of $500,000, it is
1559	eligible to apply for certification for a tax credit award. The
1560	maximum credit award shall be equal to 20 percent of its actual
1561	qualified expenditures up to a maximum of $500,000. If there is
1562	a surplus at the end of a fiscal year after the Office of Film
1563	and Entertainment certifies and determines the tax credits for
1564	all qualified commercial and video projects, such surplus tax
1565	credits shall be carried forward to the following fiscal year
1566	and be available to any eligible qualified productions under the
1567	general production queue.
1568	3.  Independent and emerging media production queue.-Three
1569	percent of tax credits authorized pursuant to subsection (6) in
1570	any state fiscal year must be dedicated to the independent and
1571	emerging media production queue. This queue is intended to
1572	encourage Florida independent film and emerging media
1573	production. Any qualified production, excluding commercials,
1574	infomercials, or music videos, that demonstrates at least
1575	$100,000, but not more than $625,000, in total qualified
1576	expenditures is eligible for tax credits equal to 20 percent of
1577	its actual qualified expenditures. If a surplus exists at the
1578	end of a fiscal year after the Office of Film and Entertainment
1579	certifies and determines the tax credits for all qualified
1580	independent and emerging media production projects, such surplus
1581	tax credits shall be carried forward to the following fiscal
1582	year and be available to any eligible qualified productions
1583	under the general production queue.
1584	4.  Family-friendly productions.-A certified theatrical or
1585	direct-to-video motion picture production or video game
1586	determined by the Commissioner of Film and Entertainment, with
1587	the advice of the Florida Film and Entertainment Advisory
1588	Council, to be family-friendly, based on the review of the
1589	script and the review of the final release version, is eligible
1590	for an additional tax credit equal to 5 percent of its actual
1591	qualified expenditures. Family-friendly productions are those
1592	that have cross-generational appeal; would be considered
1593	suitable for viewing by children age 5 or older; are appropriate
1594	in theme, content, and language for a broad family audience;
1595	embody a responsible resolution of issues; and do not exhibit or
1596	imply any act of smoking, sex, nudity, or vulgar or profane
1597	language.
1598	(5)  TRANSFER OF TAX CREDITS.-
1599	(c)  Transferee rights and limitations.-The transferee is
1600	subject to the same rights and limitations as the certified
1601	production company awarded the tax credit, except that the
1602	initial transferee shall be permitted a one-time transfer of
1603	unused credits to no more than two subsequent transferees, and
1604	such transfers must occur in the same taxable year as the
1605	credits were received by the initial transferee, after which the
1606	subsequent transferees may not sell or otherwise transfer the
1607	tax credit.
1608	(7)  ANNUAL ALLOCATION OF TAX CREDITS.-
1609	(a)  The aggregate amount of the tax credits that may be
1610	certified pursuant to paragraph (3)(d) may not exceed:
1611	1.  For fiscal year 2010-2011, $53.5 million.
1612	2.  For fiscal year 2011-2012, $74.5 million.
1613	3.  For fiscal years 2012-2013, 2013-2014, and 2014-2015,
1614	$42 $38 million per fiscal year.
1615	(10)  ANNUAL REPORT.-Each October 1, the Office of Film and
1616	Entertainment shall provide an annual report for the previous
1617	fiscal year to the Governor, the President of the Senate, and
1618	the Speaker of the House of Representatives which outlines the
1619	return on investment and economic benefits to the state. The
1620	report shall also include an estimate of the full-time
1621	equivalent positions created by each production that received
1622	tax credits under s. 288.1254 and information relating to the
1623	distribution of productions receiving credits by geographic
1624	region and type of production.
1625	Section 27.  Subsection (5) of section 288.1258, Florida
1626	Statutes, is amended to read:
1627	288.1258  Entertainment industry qualified production
1628	companies; application procedure; categories; duties of the
1629	Department of Revenue; records and reports.-
1630	(5)  RELATIONSHIP OF TAX EXEMPTIONS AND INCENTIVES TO
1631	INDUSTRY GROWTH; REPORT TO THE LEGISLATURE.-The Office of Film
1632	and Entertainment shall keep annual records from the information
1633	provided on taxpayer applications for tax exemption certificates
1634	beginning January 1, 2001. These records shall reflect a ratio
1635	of the annual amount of sales and use tax exemptions under this
1636	section and incentives awarded pursuant to s. 288.1254 to the
1637	estimated amount of funds expended by certified productions,
1638	including productions that received incentives pursuant to s.
1639	288.1254. These records also shall reflect a separate ratio of
1640	the annual amount of sales and use tax exemptions under this
1641	section, plus the incentives awarded pursuant to s. 288.1254 to
1642	the estimated amount of funds expended by certified productions.
1643	In addition, the office shall maintain data showing annual
1644	growth in Florida-based entertainment industry companies and
1645	entertainment industry employment and wages. The employment
1646	information shall include an estimate of the full-time
1647	equivalent positions created by each production that received
1648	tax credits pursuant to s. 288.1254. The Office of Film and
1649	Entertainment shall report this information to the Legislature
1650	no later than December 1 of each year.
1651	Section 28.  Effective January 1, 2012, paragraph (d) is
1652	added to subsection (6) of section 290.0055, Florida Statutes,
1653	to read:
1654	290.0055  Local nominating procedure.-
1655	(6)
1656	(d)1.  The governing body of a jurisdiction which has
1657	nominated an application for an enterprise zone that is no
1658	larger than 12 square miles and includes a portion of the state
1659	designated as a rural area of critical economic concern under s.
1660	288.0656(7) may apply to the Office of Tourism, Trade, and
1661	Economic Development to expand the boundary of the enterprise
1662	zone by not more than 3 square miles. An application to expand
1663	the boundary of an enterprise zone under this paragraph must be
1664	submitted by December 31, 2012.
1665	2.  Notwithstanding the area limitations specified in
1666	subsection (4), the Office of Tourism, Trade, and Economic
1667	Development may approve the request for a boundary amendment if
1668	the area continues to satisfy the remaining requirements of this
1669	section.
1670	3.  The Office of Tourism, Trade, and Economic Development
1671	shall establish the initial effective date of an enterprise zone
1672	designated under this paragraph.
1673	Section 29.  Effective January 1, 2012, section 290.00726,
1674	Florida Statutes, is created to read:
1675	290.00726  Enterprise zone designation for Martin County.-
1676	Martin County may apply to the Office of Tourism, Trade, and
1677	Economic Development for designation of one enterprise zone for
1678	an area within Martin County, which zone shall encompass an area
1679	of up to 10 square miles consisting of land within the primary
1680	urban services boundary and focusing on Indiantown, but
1681	excluding property owned by Florida Power and Light to the west,
1682	two areas to the north designated as estate residential, and the
1683	county-owned Timer Powers Recreational Area. Within the
1684	designated enterprise zone, Martin County shall exempt
1685	residential condominiums from benefiting from state enterprise
1686	zone incentives, unless prohibited by law. The application must
1687	have been submitted by December 31, 2011, and must comply with
1688	the requirements of s. 290.0055. Notwithstanding s. 290.0065
1689	limiting the total number of enterprise zones designated and the
1690	number of enterprise zones within a population category, the
1691	Office of Tourism, Trade, and Economic Development may designate
1692	one enterprise zone under this section. The Office of Tourism,
1693	Trade, and Economic Development shall establish the initial
1694	effective date of the enterprise zone designated under this
1695	section.
1696	Section 30.  Section 290.00727, Florida Statutes, is
1697	created to read:
1698	290.00727  Enterprise zone designation for the City of Palm
1699	Bay.-The City of Palm Bay may apply to the Office of Tourism,
1700	Trade, and Economic Development for designation of one
1701	enterprise zone for an area within the northeast portion of the
1702	city, which zone shall encompass an area of up to 5 square
1703	miles. The application must have been submitted by December 31,
1704	2011, and must comply with the requirements of s. 290.0055.
1705	Notwithstanding s. 290.0065 limiting the total number of
1706	enterprise zones designated and the number of enterprise zones
1707	within a population category, the Office of Tourism, Trade, and
1708	Economic Development may designate one enterprise zone under
1709	this section. The Office of Tourism, Trade, and Economic
1710	Development shall establish the initial effective date of the
1711	enterprise zone designated under this section.
1712	Section 31.  Section 290.00728, Florida Statutes, is
1713	created to read:
1714	290.00728  Enterprise zone designation for Lake County.-
1715	Lake County may apply to the Office of Tourism, Trade, and
1716	Economic Development for designation of one enterprise zone,
1717	which zone shall encompass an area of up to 10 square miles
1718	within Lake County. The application must have been submitted by
1719	December 31, 2011, and must comply with the requirements of s.
1720	290.0055. Notwithstanding s. 290.0065 limiting the total number
1721	of enterprise zones designated and the number of enterprise
1722	zones within a population category, the Office of Tourism,
1723	Trade, and Economic Development may designate one enterprise
1724	zone under this section. The Office of Tourism, Trade, and
1725	Economic Development shall establish the initial effective date
1726	of the enterprise zone designated under this section.
1727	Section 32.  Effective January 1, 2012, subsection (1) of
1728	section 334.30, Florida Statutes, is amended to read:
1729	334.30  Public-private transportation facilities.-The
1730	Legislature finds and declares that there is a public need for
1731	the rapid construction of safe and efficient transportation
1732	facilities for the purpose of traveling within the state, and
1733	that it is in the public's interest to provide for the
1734	construction of additional safe, convenient, and economical
1735	transportation facilities.
1736	(1)  The department may receive or solicit proposals and,
1737	with legislative approval as evidenced by approval of the
1738	project in the department's work program, enter into agreements
1739	with private entities, or consortia thereof, for the building,
1740	operation, ownership, or financing of transportation facilities.
1741	The department may advance projects programmed in the adopted 5-
1742	year work program or projects increasing transportation capacity
1743	and greater than $500 million in the 10-year Strategic
1744	Intermodal Plan using funds provided by public-private
1745	partnerships or private entities to be reimbursed from
1746	department funds for the project as programmed in the adopted
1747	work program. The department shall by rule establish an
1748	application fee for the submission of unsolicited proposals
1749	under this section. The fee must be sufficient to pay the costs
1750	of evaluating the proposals. The department may engage the
1751	services of private consultants to assist in the evaluation.
1752	Before approval, the department must determine that the proposed
1753	project:
1754	(a)  Is in the public's best interest;
1755	(b)  Would not require state funds to be used unless the
1756	project is on the State Highway System;
1757	(c)  Would have adequate safeguards in place to ensure that
1758	no additional costs or service disruptions would be realized by
1759	the traveling public and residents of the state in the event of
1760	default or cancellation of the agreement by the department;
1761	(d)  Would have adequate safeguards in place to ensure that
1762	the department or the private entity has the opportunity to add
1763	capacity to the proposed project and other transportation
1764	facilities serving similar origins and destinations; and
1765	(e)  Would be owned by the department upon completion or
1766	termination of the agreement.
1767
1768	The department shall ensure that all reasonable costs to the
1769	state, related to transportation facilities that are not part of
1770	the State Highway System, are borne by the private entity. The
1771	department shall also ensure that all reasonable costs to the
1772	state and substantially affected local governments and
1773	utilities, related to the private transportation facility, are
1774	borne by the private entity for transportation facilities that
1775	are owned by private entities. For projects on the State Highway
1776	System, the department may use state resources to participate in
1777	funding and financing the project as provided for under the
1778	department's enabling legislation. Because the Legislature
1779	recognizes that private entities or consortia thereof would
1780	perform a governmental or public purpose or function when they
1781	enter into agreements with the department to design, build,
1782	operate, own, or finance transportation facilities, the
1783	transportation facilities, including leasehold interests
1784	thereof, are exempt from ad valorem taxes as provided in chapter
1785	196 to the extent property is owned by the state or other
1786	government entity, and from intangible taxes as provided in
1787	chapter 199 and special assessments of the state, any city,
1788	town, county, special district, political subdivision of the
1789	state, or any other governmental entity. The private entities or
1790	consortia thereof are exempt from tax imposed by chapter 201 on
1791	all documents or obligations to pay money which arise out of the
1792	agreements to design, build, operate, own, lease, or finance
1793	transportation facilities. Any private entities or consortia
1794	thereof must pay any applicable corporate taxes as provided in
1795	chapter chapters 220 and 221, and unemployment compensation
1796	taxes as provided in chapter 443, and sales and use tax as
1797	provided in chapter 212 shall be applicable. The private
1798	entities or consortia thereof must also register and collect the
1799	tax imposed by chapter 212 on all their direct sales and leases
1800	that are subject to tax under chapter 212. The agreement between
1801	the private entity or consortia thereof and the department
1802	establishing a transportation facility under this chapter
1803	constitutes documentation sufficient to claim any exemption
1804	under this section.
1805	Section 33.  Effective January 1, 2012, subsection (4),
1806	paragraph (a) of subsection (6), and subsection (7) of section
1807	624.509, Florida Statutes, are amended to read:
1808	624.509  Premium tax; rate and computation.-
1809	(4)  The income tax imposed under chapter 220 and the
1810	emergency excise tax imposed under chapter 221 which is are paid
1811	by any insurer shall be credited against, and to the extent
1812	thereof shall discharge, the liability for tax imposed by this
1813	section for the annual period in which such tax payments are
1814	made. As to any insurer issuing policies insuring against loss
1815	or damage from the risks of fire, tornado, and certain casualty
1816	lines, the tax imposed by this section, as intended and
1817	contemplated by this subsection, shall be construed to mean the
1818	net amount of such tax remaining after there has been credited
1819	thereon such gross premium receipts tax as may be payable by
1820	such insurer in pursuance of the imposition of such tax by any
1821	incorporated cities or towns in the state for firefighters'
1822	relief and pension funds and police officers' retirement funds
1823	maintained in such cities or towns, as provided in and by
1824	relevant provisions of the Florida Statutes. For purposes of
1825	this subsection, payments of estimated income tax under chapter
1826	220 and of estimated emergency excise tax under chapter 221
1827	shall be deemed paid either at the time the insurer actually
1828	files its annual returns under chapter 220 or at the time such
1829	returns are required to be filed, whichever first occurs, and
1830	not at such earlier time as such payments of estimated tax are
1831	actually made.
1832	(6)(a)  The total of the credit granted for the taxes paid
1833	by the insurer under chapter chapters 220 and 221 and the credit
1834	granted by subsection (5) may shall not exceed 65 percent of the
1835	tax due under subsection (1) after deducting therefrom the taxes
1836	paid by the insurer under ss. 175.101 and 185.08 and any
1837	assessments pursuant to s. 440.51.
1838	(7)  Credits and deductions against the tax imposed by this
1839	section shall be taken in the following order: deductions for
1840	assessments made pursuant to s. 440.51; credits for taxes paid
1841	under ss. 175.101 and 185.08; credits for income taxes paid
1842	under chapter 220, the emergency excise tax paid under chapter
1843	221 and the credit allowed under subsection (5), as these
1844	credits are limited by subsection (6); all other available
1845	credits and deductions.
1846	Section 34.  Effective January 1, 2012, subsection (1) of
1847	section 624.51055, Florida Statutes, is amended to read:
1848	624.51055  Credit for contributions to eligible nonprofit
1849	scholarship-funding organizations.-
1850	(1)  There is allowed a credit of 100 percent of an
1851	eligible contribution made to an eligible nonprofit scholarship-
1852	funding organization under s. 1002.395 against any tax due for a
1853	taxable year under s. 624.509(1). However, such a credit may not
1854	exceed 75 percent of the tax due under s. 624.509(1) after
1855	deducting from such tax deductions for assessments made pursuant
1856	to s. 440.51; credits for taxes paid under ss. 175.101 and
1857	185.08; credits for income taxes paid under chapter 220; credits
1858	for the emergency excise tax paid under chapter 221; and the
1859	credit allowed under s. 624.509(5), as such credit is limited by
1860	s. 624.509(6). An insurer claiming a credit against premium tax
1861	liability under this section shall not be required to pay any
1862	additional retaliatory tax levied pursuant to s. 624.5091 as a
1863	result of claiming such credit. Section 624.5091 does not limit
1864	such credit in any manner.
1865	Section 35.  (1)  The executive director of the Department
1866	of Revenue is authorized, and all conditions are deemed met, to
1867	adopt emergency rules under ss. 120.536(1) and 120.54(4),
1868	Florida Statutes, for the purpose of implementing this act.
1869	(2)  Notwithstanding any other provision of law, such
1870	emergency rules shall remain in effect for 6 months after the
1871	date adopted and may be renewed during the pendency of
1872	procedures to adopt permanent rules addressing the subject of
1873	the emergency rules.
1874	Section 36.  (1)  The tax levied under chapter 212, Florida
1875	Statutes, may not be collected during the period from 12:01 a.m.
1876	on August 12, 2011, through 11:59 p.m. on August 14, 2011, on
1877	the sale of:
1878	(a)  Clothing, wallets, or bags, including handbags,
1879	backpacks, fanny packs, and diaper bags, but excluding
1880	briefcases, suitcases, and other garment bags, having a sales
1881	price of $75 or less per item. As used in this paragraph, the
1882	term "clothing" means:
1883	1.  Any article of wearing apparel intended to be worn on
1884	or about the human body, excluding watches, watchbands, jewelry,
1885	umbrellas, or handkerchiefs; and
1886	2.  All footwear, excluding skis, swim fins, roller blades,
1887	and skates.
1888	(b)  School supplies having a sales price of $15 or less
1889	per item. As used in this paragraph, the term "school supplies"
1890	means pens, pencils, erasers, crayons, notebooks, notebook
1891	filler paper, legal pads, binders, lunch boxes, construction
1892	paper, markers, folders, poster board, composition books, poster
1893	paper, scissors, cellophane tape, glue or paste, rulers,
1894	computer disks, protractors, compasses, and calculators.
1895	(2)  The tax exemptions in this section do not apply to
1896	sales within a theme park or entertainment complex as defined in
1897	s. 509.013(9), Florida Statutes, a public lodging establishment
1898	as defined in s. 509.013(4), Florida Statutes, or an airport as
1899	defined in s. 330.27(2), Florida Statutes.
1900	(3)  The Department of Revenue may, and all conditions are
1901	deemed met to, adopt emergency rules pursuant to ss. 120.536(1)
1902	and 120.54, Florida Statutes, to administer this section.
1903	(4)  This section shall take effect upon this act becoming
1904	a law.
1905	Section 37.  Effective upon this act becoming a law, and
1906	for the 2010-2011 fiscal year, the sum of $218,905 in
1907	nonrecurring funds is appropriated from the General Revenue Fund
1908	to the Department of Revenue for purposes of administering
1909	section 36. Funds remaining unexpended or unencumbered from this
1910	appropriation as of June 30, 2011, shall revert and be
1911	reappropriated for the same purpose in the 2011-2012 fiscal
1912	year.
1913	Section 38.  Effective upon this act becoming a law,
1914	section 288.987, Florida Statutes, is created to read:
1915	288.987  Florida Defense Support Task Force.-
1916	(1)  The Florida Defense Support Task Force is created.
1917	(2)  The mission of the task force is to make
1918	recommendations to prepare the state to effectively compete in
1919	any federal base realignment and closure action, to support the
1920	state's position in research and development related to or
1921	arising out of military missions and contracting, and to improve
1922	the state's military-friendly environment for service members,
1923	military dependents, military retirees, and businesses that
1924	bring military and base-related jobs to the state.
1925	(3)  The task force shall be comprised of the Governor or
1926	his or her designee, and 12 members appointed as follows:
1927	(a)  Four members appointed by the Governor.
1928	(b)  Four members appointed by the President of the Senate.
1929	(c)  Four members appointed by the Speaker of the House of
1930	Representatives.
1931	(d)  Appointed members must represent defense-related
1932	industries or communities that host military bases and
1933	installations. All appointments must be made by August 1, 2011.
1934	Members shall serve for a term of 4 years, with the first term
1935	ending July 1, 2015. However, if members of the Legislature are
1936	appointed to the task force, those members shall serve until the
1937	expiration of their legislative term and may be reappointed
1938	once. A vacancy shall be filled for the remainder of the
1939	unexpired term in the same manner as the initial appointment.
1940	All members of the council are eligible for reappointment. A
1941	member who serves in the Legislature may participate in all task
1942	force activities, but may only vote on matters that are
1943	advisory.
1944	(4)  The President of the Senate and the Speaker of the
1945	House of Representatives shall each designate one of their
1946	appointees to serve as chair of the task force. The chair shall
1947	rotate each July 1. The appointee designated by the President of
1948	the Senate shall serve as initial chair. If the Governor,
1949	instead of his or her designee, participates in the activities
1950	of the task force, then the Governor shall serve as chair.
1951	(5)  The Director of the Office of Tourism, Trade, and
1952	Economic Development within the Executive Office of the
1953	Governor, or his or her designee, shall serve as the ex officio,
1954	nonvoting executive director of the task force.
1955	(6)  The chair shall schedule and conduct the first meeting
1956	of the task force by October 1, 2011. The task force shall
1957	submit a progress report and work plan for the remainder of the
1958	2011-2012 fiscal year to the Governor, the President of the
1959	Senate, and the Speaker of the House of Representatives by
1960	February 1, 2012, and shall submit an annual report each
1961	February 1 thereafter.
1962	(7)  The Office of Tourism, Trade, and Economic Development
1963	shall contract with the task force for expenditure of
1964	appropriated funds, which may be used by the task force for
1965	economic and product research and development, joint planning
1966	with host communities to accommodate military missions and
1967	prevent base encroachment, advocacy on the state's behalf with
1968	federal civilian and military officials, assistance to school
1969	districts in providing a smooth transition for large numbers of
1970	additional military-related students, job training and placement
1971	for military spouses in communities with high proportions of
1972	active duty military personnel, and promotion of the state to
1973	military and related contractors and employers. The task force
1974	may annually spend up to $200,000 of funds appropriated to the
1975	Executive Office of the Governor, Office of Tourism, Trade, and
1976	Economic Development, for the task force for staffing and
1977	administrative expenses of the task force, including travel and
1978	per diem costs incurred by task force members who are not
1979	otherwise eligible for state reimbursement.
1980	Section 39.  There is appropriated for state fiscal year
1981	2011-2012 to the Executive Office of the Governor, Office of
1982	Tourism, Trade, and Economic Development:
1983	(1)  The sum of $15 million in nonrecurring funds from the
1984	General Revenue Fund for the Innovation Incentive Fund program.
1985	(2)  The sum of $42 million in nonrecurring funds from the
1986	General Revenue Fund for the Quick Action Closing Fund program.
1987	From these funds, preference shall be given to those projects
1988	that include at least a 20 percent local match of cash or in-
1989	kind contributions, which contributions provide a cash savings
1990	to the private business entity receiving the incentive awards.
1991	(3)  The sum of $10 million in nonrecurring funds from the
1992	General Revenue Fund for the Institute for the Commercialization
1993	of Public Research.
1994	(4)  The sum of $5 million in nonrecurring funds from the
1995	General Revenue Fund for the Florida Defense Support Task Force.
1996	Section 40.  Except as otherwise expressly provided in this
1997	act and except for this section, which shall take effect upon
1998	this act becoming a law, this act shall take effect July 1,
1999	2011.
2000
2001
2002	-----------------------------------------------------
2003	T I T L E  A M E N D M E N T
2004	Remove line 7 and insert:
2005	Delete the entire title and insert:
2006
2007	A bill to be entitled
2008	An act relating to economic development; amending s.
2009	14.2015, F.S.; authorizing the Office of Tourism, Trade,
2010	and Economic Development to administer corporate income
2011	tax credits for spaceflight projects; amending ss. 72.011
2012	and 72.041, F.S.; deleting a reference to conform to
2013	changes made by this act; amending s. 216.138, F.S.;
2014	providing for special impact estimating conferences to
2015	evaluate legislative proposals; requiring conference
2016	meetings to be open to the public; specifying the four
2017	principals of the conference; authorizing the convening of
2018	any special estimating conference by a specified principal
2019	in order to adopt certain supplemental information;
2020	requiring all official information of a special impact
2021	estimating conference to be adopted by consensus;
2022	authorizing a principal to invite any person to
2023	participate in the conference; providing definitions;
2024	amending ss. 220.02 and 220.13, F.S.; revising references
2025	to conform to changes made by this act; revising the order
2026	in which credits against the corporate income tax or
2027	franchise tax may be taken to include credits for certain
2028	spaceflight projects and certain research and development;
2029	redefining the term "adjusted federal income" to include
2030	the amount of certain tax credits taken relating to
2031	spaceflight projects and research and development;
2032	providing application; prohibiting a deduction from
2033	taxable income for any net operating loss if a credit
2034	against corporate income taxes relating to a spaceflight
2035	project has been taken or transferred; amending s.
2036	220.131, F.S.; conforming provisions to changes made by
2037	this act; amending s. 220.15, F.S.; conforming provisions
2038	to changes made by this act; creating s. 220.153, F.S.;
2039	defining the terms "office" and "qualified capital
2040	expenditures"; providing for the apportionment of certain
2041	taxpayer's adjusted federal income solely by the sales
2042	factor provided in s. 220.15, F.S.; providing for
2043	eligibility based on the taxpayer's capital expenditures;
2044	providing a qualification and application process;
2045	authorizing the Department of Revenue to examine and
2046	verify that a taxpayer has correctly apportioned its
2047	taxes; authorizing the Office of Tourism, Trade, and
2048	Economic Development to approve and revoke approval of an
2049	application; providing for the recapture of unpaid taxes,
2050	interest, and penalties; authorizing the Office of
2051	Tourism, Trade, and Economic Development and the
2052	Department of Revenue to adopt rules; amending s.
2053	220.1845, F.S.; increasing the annual tax credit cap
2054	relating to contaminated site rehabilitation; amending s.
2055	376.30781, F.S.; conforming references; amending s.
2056	220.16, F.S.; requiring that the amount of payments
2057	received in exchange for transferring a net operating loss
2058	for spaceflight projects be allocated to the state;
2059	creating s. 220.194, F.S.; providing a short title;
2060	providing legislative purpose; defining terms; authorizing
2061	a certified spaceflight business to take or transfer
2062	corporate income tax credits related to spaceflight
2063	projects carried out in this state; specifying tax credit
2064	amounts and business eligibility criteria; providing
2065	limitations; requiring a business to demonstrate to the
2066	satisfaction of the office and the department its
2067	eligibility to claim a tax credit; requiring a business to
2068	submit an application to the office for approval to earn
2069	credits; specifying the required contents of the
2070	application; requiring the office to approve or deny an
2071	application within 60 days after receipt; specifying the
2072	approval process; requiring a spaceflight business to
2073	submit an application for certification to the office;
2074	specifying the required contents of an application for
2075	certification; specifying the approval process; requiring
2076	the office to submit a copy of an approved certification
2077	to the department; providing procedures for transferring a
2078	tax credit to a taxpayer; authorizing the department to
2079	perform audits and investigations necessary to verify the
2080	accuracy of returns relating to the tax credit; specifying
2081	circumstances under which the office may revoke or modify
2082	a certification that grants eligibility for tax credits;
2083	requiring a certified spaceflight business to file an
2084	amended return and pay any required tax within 60 days
2085	after receiving notice that previously approved tax
2086	credits have been revoked or modified; authorizing the
2087	department to assess additional taxes, interest, or
2088	penalties; authorizing the office and the department to
2089	adopt rules; requiring the office to submit an annual
2090	report to the Governor and Legislature regarding the
2091	Florida Space Business Incentives Act; creating s.
2092	220.195, F.S.; creating a corporate income tax credit to
2093	continue credits available under the emergency excise tax;
2094	creating s. 220.196, F.S.; providing application;
2095	providing definitions; providing a tax credit for certain
2096	research and development expenses; providing eligibility
2097	requirements for research and development tax credits;
2098	providing limitations regarding eligibility; providing an
2099	amount for such credit; providing a maximum amount of
2100	credit that may be taken during a taxable year by a
2101	business enterprise; providing that any unused credit may
2102	be carried forward for a specified period; limiting the
2103	total amount of tax credits which may be approved by the
2104	department in a calendar year; providing that applications
2105	for credits may be filed on or after a specified date;
2106	requiring that the credits be granted in the order in
2107	which applications are received; requiring the
2108	recalculation of a credit under certain circumstances;
2109	authorizing the department to adopt rules; amending ss.
2110	220.801, 213.05, 213.053, and 213.255, F.S.; deleting
2111	references to conform to changes made by this act;
2112	authorizing the department to share information with the
2113	office relating to single sales factor apportionment used
2114	by a taxpayer; authorizing the department to share
2115	information relating to corporate income tax credits for
2116	spaceflight projects with the office; repealing chapter
2117	221, F.S.; repealing the emergency excise tax and related
2118	provisions; amending ss. 288.075, 288.1045, and 288.106,
2119	F.S.; deleting references to conform to changes made by
2120	this act; revising a provision to conform to changes made
2121	by this act; amending s. 288.1254, F.S.; revising and
2122	providing definitions; revising criteria for awarding tax
2123	credits and increasing the amount of credits to be awarded
2124	under the entertainment industry financial incentive
2125	program; revising the application procedure and approval
2126	process; permitting an initial transferee of tax credits
2127	to make a one-time transfer of unused tax credits;
2128	amending s. 288.1258, F.S.; changing the recordkeeping
2129	requirements of the Office of Film and Entertainment;
2130	amending s. 290.0055, F.S.; authorizing certain governing
2131	bodies to apply to the Office of Tourism, Trade, and
2132	Economic Development to amend the boundary of an
2133	enterprise zone that includes a rural area of critical
2134	economic concern; providing a limitation; providing an
2135	application deadline; authorizing the office to approve
2136	the amendment application subject to certain requirements;
2137	requiring the office to establish the effective date of
2138	certain enterprise zones; creating s. 290.00726, F.S.;
2139	authorizing Martin County to apply to the Office of
2140	Tourism, Trade, and Economic Development for designation
2141	of an enterprise zone; providing application requirements;
2142	authorizing the office to designate an enterprise zone in
2143	Martin County; providing responsibilities of the office;
2144	creating s. 290.00727, F.S.; authorizing the City of Palm
2145	Bay to apply to the Office of Tourism, Trade, and Economic
2146	Development for designation of an enterprise zone;
2147	providing application requirements; authorizing the office
2148	to designate an enterprise zone in the City of Palm Bay;
2149	providing responsibilities of the office; creating s.
2150	290.00728, F.S.; authorizing Lake County to apply to the
2151	Office of Tourism, Trade, and Economic Development for
2152	designation of an enterprise zone; providing application
2153	requirements; authorizing the office to designate an
2154	enterprise zone in Lake County; providing responsibilities
2155	of the office; amending ss. 334.30, 624.509, and
2156	624.51055, F.S.; deleting references to conform to changes
2157	made by this act; authorizing the executive director of
2158	the Department of Revenue to adopt emergency rules;
2159	specifying a period during this year when the sale of
2160	clothing, wallets, bags, and school supplies are exempt
2161	from the sales tax; providing definitions; providing
2162	exceptions; authorizing the Department of Revenue to adopt
2163	emergency rules; providing an appropriation; creating s.
2164	288.987, F.S.; creating the Florida Defense Support Task
2165	Force; providing for the task force's mission, membership
2166	composition, appointment of membership, and
2167	administration; authorizing the expenditure of
2168	appropriated funds by the task force for specified
2169	purposes; providing appropriations to the Executive Office
2170	of the Governor, Office of Tourism, Trade and Economic
2171	Development; providing effective dates.

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