Florida Senate - 2011                                     SB 842
       
       
       
       By Senator Latvala
       
       
       
       
       16-00723-11                                            2011842__
    1                        A bill to be entitled                      
    2         An act relating to tax credits for the rehabilitation
    3         of contaminated sites; amending s. 220.1845, F.S.;
    4         increasing the annual amount of tax credits available
    5         for the rehabilitation of contaminated sites; amending
    6         s. 376.30781, F.S.; increasing the annual amount of
    7         tax credits available for the cleanup of sites
    8         contaminated with drycleaning solvents and the cleanup
    9         of certain brownfield sites; providing an effective
   10         date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraph (f) of subsection (2) of section
   15  220.1845, Florida Statutes, is amended to read:
   16         220.1845 Contaminated site rehabilitation tax credit.—
   17         (2) AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.—
   18         (f) The total amount of the tax credits which may be
   19  granted under this section is $4 $2 million annually.
   20         Section 2. Subsections (4), (5), and (11) of section
   21  376.30781, Florida Statutes, are amended to read:
   22         376.30781 Tax credits for rehabilitation of drycleaning
   23  solvent-contaminated sites and brownfield sites in designated
   24  brownfield areas; application process; rulemaking authority;
   25  revocation authority.—
   26         (4) The Department of Environmental Protection is
   27  responsible for allocating the tax credits provided for in s.
   28  220.1845, which may not exceed a total of $4 $2 million in tax
   29  credits annually.
   30         (5) To claim the credit for site rehabilitation or solid
   31  waste removal, each tax credit applicant must apply to the
   32  Department of Environmental Protection for an allocation of the
   33  $4 $2 million annual credit by filing a tax credit application
   34  with the Division of Waste Management on a form developed by the
   35  Department of Environmental Protection in cooperation with the
   36  Department of Revenue. The form shall include an affidavit from
   37  each tax credit applicant certifying that all information
   38  contained in the application, including all records of costs
   39  incurred and claimed in the tax credit application, are true and
   40  correct. If the application is submitted pursuant to
   41  subparagraph (3)(a)2., the form must include an affidavit signed
   42  by the real property owner stating that it is not, and has never
   43  been, the owner or operator of the drycleaning facility where
   44  the contamination exists. Approval of tax credits must be
   45  accomplished on a first-come, first-served basis based upon the
   46  date and time complete applications are received by the Division
   47  of Waste Management, subject to the limitations of subsection
   48  (14). To be eligible for a tax credit, the tax credit applicant
   49  must:
   50         (a) For site rehabilitation tax credits, have entered into
   51  a voluntary cleanup agreement with the Department of
   52  Environmental Protection for a drycleaning-solvent-contaminated
   53  site or a Brownfield Site Rehabilitation Agreement, as
   54  applicable, and have paid all deductibles pursuant to s.
   55  376.3078(3)(e) for eligible drycleaning-solvent-cleanup program
   56  sites, as applicable. A site rehabilitation tax credit applicant
   57  must submit only a single completed application per site for
   58  each calendar year’s site rehabilitation costs. A site
   59  rehabilitation application must be received by the Division of
   60  Waste Management of the Department of Environmental Protection
   61  by January 31 of the year after the calendar year for which site
   62  rehabilitation costs are being claimed in a tax credit
   63  application. All site rehabilitation costs claimed must have
   64  been for work conducted between January 1 and December 31 of the
   65  year for which the application is being submitted. All payment
   66  requests must have been received and all costs must have been
   67  paid prior to submittal of the tax credit application, but no
   68  later than January 31 of the year after the calendar year for
   69  which site rehabilitation costs are being claimed.
   70         (b) For solid waste removal tax credits, have entered into
   71  a brownfield site rehabilitation agreement with the Department
   72  of Environmental Protection. A solid waste removal tax credit
   73  applicant must submit only a single complete application per
   74  brownfield site, as defined in the brownfield site
   75  rehabilitation agreement, for solid waste removal costs. A solid
   76  waste removal tax credit application must be received by the
   77  Division of Waste Management of the Department of Environmental
   78  Protection subsequent to the completion of the requirements
   79  listed in paragraph (3)(e).
   80         (11) If a tax credit applicant does not receive a tax
   81  credit allocation due to an exhaustion of the $4 2 million
   82  annual tax credit authorization, such application will then be
   83  included in the same first-come, first-served order in the next
   84  year’s annual tax credit allocation, if any, based on the prior
   85  year application.
   86         Section 3. This act shall take effect July 1, 2011.