Florida Senate - 2014                                    SB 1156
       
       
        
       By Senator Stargel
       
       
       
       
       
       15-01112A-14                                          20141156__
    1                        A bill to be entitled                      
    2         An act relating to the capital investment tax credit;
    3         amending s. 220.191, F.S.; deleting unused terms;
    4         revising the definition of the term “qualifying
    5         project”; deleting a provision prohibiting the use of
    6         tax credits by certain affiliated companies or related
    7         entities under certain circumstances; requiring a
    8         qualifying business to demonstrate to the Department
    9         of Economic Opportunity that it qualifies for the tax
   10         credits and requiring the department to so notify the
   11         Department of Revenue; providing a maximum amount of
   12         capital investment tax credits that may be granted
   13         annually; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraphs (d) and (g) of subsection (1),
   18  paragraphs (a) and (c) of subsection (3), and subsection (7) of
   19  section 220.191, Florida Statutes, are amended, and subsection
   20  (9) is added to that section, to read:
   21         220.191 Capital investment tax credit.—
   22         (1) DEFINITIONS.—For purposes of this section:
   23         (d) “Income generated by or arising out of the qualifying
   24  project” means the qualifying project’s annual taxable income as
   25  determined by generally accepted accounting principles and under
   26  s. 220.13.
   27         (f)(g) “Qualifying project” means a facility in this state
   28  meeting one or more of the following criteria:
   29         1. Is a new or expanding facility that in this state which
   30  creates at least 100 new jobs in this state and is in one of the
   31  high-impact sectors identified by Enterprise Florida, Inc., and
   32  is certified by the Department of Economic Opportunity pursuant
   33  to s. 288.108(6), including, but not limited to, aviation,
   34  aerospace, automotive, and silicon technology industries.
   35  However, between July 1, 2011, and June 30, 2014, the
   36  requirement that a facility be in a high-impact sector is waived
   37  for an any otherwise eligible business from another state which
   38  locates all or a portion of its business to a disproportionally
   39  affected county. For purposes of this section, the term
   40  “disproportionally affected county” means Bay County, Escambia
   41  County, Franklin County, Gulf County, Okaloosa County, Santa
   42  Rosa County, Walton County, or Wakulla County.
   43         2. Is a new or expanded facility that in this state which
   44  is engaged in a target industry designated pursuant to the
   45  procedure specified in s. 288.106(2) and which is induced by
   46  this credit to create or retain at least 1,000 jobs in this
   47  state, provided that at least 100 of those jobs paying are new,
   48  pay an annual average wage of at least 115 130 percent of the
   49  average private sector wage in the area as defined in s.
   50  288.106(2), and make a cumulative capital investment of at least
   51  $100 million. Jobs may be considered retained only if there is
   52  significant evidence that the loss of jobs is imminent.
   53  Notwithstanding subsection (2), annual credits against the tax
   54  imposed by this chapter may not exceed 50 percent of the
   55  increased annual corporate income tax liability or the premium
   56  tax liability generated by or arising out of a project
   57  qualifying under this subparagraph. A facility that qualifies
   58  under this subparagraph for an annual credit against the tax
   59  imposed by this chapter may take the tax credit for a period not
   60  to exceed 5 years.
   61         3. Is a new or expanded facility that is engaged in a
   62  target industry business as defined in s. 288.106(2) and is
   63  induced by this credit to create at least 1,000 jobs paying an
   64  annual wage of at least 100 percent of the average private
   65  sector wage in the area, as defined in s. 288.106(2), and make a
   66  cumulative capital investment of at least $100 million.
   67         4.3.Is a new or expanded headquarters facility that in
   68  this state which locates in an enterprise zone and brownfield
   69  area and is induced by this credit to create at least 1,500 jobs
   70  which on average pay at least 200 percent of the statewide
   71  average annual private sector wage, as published by the
   72  Department of Economic Opportunity, and which new or expanded
   73  headquarters facility makes a cumulative capital investment in
   74  this state of at least $250 million.
   75         5. Is an existing facility within a target business
   76  industry as defined in s. 288.106 which makes a cumulative
   77  capital investment in this state of at least $25 million.
   78         (3)(a) Notwithstanding subsection (2), an annual credit
   79  against the tax imposed by this chapter shall be granted to a
   80  qualifying business that which establishes a qualifying project
   81  pursuant to subparagraph (1)(g)4. (1)(g)3., in an amount equal
   82  to the lesser of $15 million or 5 percent of the eligible
   83  capital costs made in connection with a qualifying project, for
   84  up to a period not to exceed 20 years beginning with the
   85  commencement of operations of the project. The tax credit shall
   86  be granted against the corporate income tax liability of the
   87  qualifying business and as further provided in paragraph (c).
   88  The total tax credit provided pursuant to this subsection shall
   89  be equal to no more than 100 percent of the eligible capital
   90  costs of the qualifying project.
   91         (c) The credit granted under this subsection may be used in
   92  whole or in part by the qualifying business or any corporation
   93  that is either a member of that qualifying business’s affiliated
   94  group of corporations, is a related entity taxable as a
   95  cooperative under subchapter T of the Internal Revenue Code, or,
   96  if the qualifying business is an entity taxable as a cooperative
   97  under subchapter T of the Internal Revenue Code, is related to
   98  the qualifying business. An Any entity related to the qualifying
   99  business may continue to file as a member of a Florida-nexus
  100  consolidated group pursuant to a prior election made under s.
  101  220.131(1), Florida Statutes (1985), even if the parent of the
  102  group changes due to a direct or indirect acquisition of the
  103  former common parent of the group. A Any credit can be used by
  104  any of the affiliated companies or related entities referenced
  105  in this paragraph to the same extent as it could have been used
  106  by the qualifying business. However, any such use shall not
  107  operate to increase the amount of the credit or extend the
  108  period within which the credit must be used.
  109         (7) It shall be the responsibility of The qualifying
  110  business is responsible for to affirmatively demonstrating
  111  demonstrate to the satisfaction of the Department of Economic
  112  Opportunity Revenue that such business meets the applicable job
  113  creation and capital investment requirements of this section.
  114  The Department of Economic Opportunity shall notify the
  115  Department of Revenue in writing that the qualifying business
  116  has satisfied such requirements before issuing tax credits
  117  pursuant to this section.
  118         (9) The total amount of tax credits issued under this
  119  section may not exceed $50 million annually.
  120         Section 2. This act shall take effect July 1, 2014.