Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. HB 33-A, 1st Eng.
       
       
       
       
       
       
                                Ì153900tÎ153900                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RE            .                                
                  06/11/2015           .                                
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       The Committee on Appropriations (Hukill and Benacquisto)
       recommended the following:
       
    1         Senate Amendment to Amendment (496616) (with title
    2  amendment)
    3  
    4         Delete lines 14 - 1306
    5  and insert:
    6         Section 2. Paragraphs (a) and (b) of subsection (1) of
    7  section 202.12, Florida Statutes, are amended to read:
    8         202.12 Sales of communications services.—The Legislature
    9  finds that every person who engages in the business of selling
   10  communications services at retail in this state is exercising a
   11  taxable privilege. It is the intent of the Legislature that the
   12  tax imposed by chapter 203 be administered as provided in this
   13  chapter.
   14         (1) For the exercise of such privilege, a tax is levied on
   15  each taxable transaction, and the tax is due and payable as
   16  follows:
   17         (a) Except as otherwise provided in this subsection, at the
   18  a rate of 4.92 6.65 percent applied to the sales price of the
   19  communications service that which:
   20         1. Originates and terminates in this state, or
   21         2. Originates or terminates in this state and is charged to
   22  a service address in this state,
   23  
   24  when sold at retail, computed on each taxable sale for the
   25  purpose of remitting the tax due. The gross receipts tax imposed
   26  by chapter 203 shall be collected on the same taxable
   27  transactions and remitted with the tax imposed by this
   28  paragraph. If no tax is imposed by this paragraph due to the
   29  exemption provided under by reason of s. 202.125(1), the tax
   30  imposed by chapter 203 shall nevertheless be collected and
   31  remitted in the manner and at the time prescribed for tax
   32  collections and remittances under this chapter.
   33         (b) At the rate of 9.07 10.8 percent applied to on the
   34  retail sales price of any direct-to-home satellite service
   35  received in this state. The proceeds of the tax imposed under
   36  this paragraph shall be accounted for and distributed in
   37  accordance with s. 202.18(2). The gross receipts tax imposed by
   38  chapter 203 shall be collected on the same taxable transactions
   39  and remitted with the tax imposed by this paragraph.
   40         Section 3. Section 202.12001, Florida Statutes, is amended
   41  to read:
   42         202.12001 Combined rate for tax collected pursuant to ss.
   43  202.12(1)(a) and 203.01(1)(b).—In complying with ss. 1-3, ch.
   44  2010-149, Laws of Florida, the dealer of communication services
   45  may collect a combined rate of 5.07 6.8 percent, composed
   46  comprised of the 4.92 6.65 percent and 0.15 percent rates
   47  required by ss. 202.12(1)(a) and 203.01(1)(b)3., respectively,
   48  if as long as the provider properly reflects the tax collected
   49  with respect to the two provisions as required in the return to
   50  the department of Revenue.
   51         Section 4. Effective August 1, 2015, subsection (2) of
   52  section 202.18, Florida Statutes, is amended to read:
   53         202.18 Allocation and disposition of tax proceeds.—The
   54  proceeds of the communications services taxes remitted under
   55  this chapter shall be treated as follows:
   56         (2) The proceeds of the taxes remitted under s.
   57  202.12(1)(b) shall be allocated divided as follows:
   58         (a) The portion of the such proceeds which constitutes
   59  gross receipts taxes, imposed at the rate prescribed in chapter
   60  203, shall be deposited as provided by law and in accordance
   61  with s. 9, Art. XII of the State Constitution.
   62         (b) Fifty-five and nine-tenths Sixty-three percent of the
   63  remainder shall be allocated to the state and distributed
   64  pursuant to s. 212.20(6), except that the proceeds allocated
   65  pursuant to s. 212.20(6)(d)2. shall be prorated to the
   66  participating counties in the same proportion as that month’s
   67  collection of the taxes and fees imposed pursuant to chapter 212
   68  and paragraph (1)(b).
   69         (c)1. During each calendar year, the remaining portion of
   70  the such proceeds shall be transferred to the Local Government
   71  Half-cent Sales Tax Clearing Trust Fund. Seventy percent of such
   72  proceeds shall be allocated in the same proportion as the
   73  allocation of total receipts of the half-cent sales tax under s.
   74  218.61 and the emergency distribution under s. 218.65 in the
   75  prior state fiscal year. Thirty percent of such proceeds shall
   76  be distributed pursuant to s. 218.67.
   77         2. The proportion of the proceeds allocated based on the
   78  emergency distribution under s. 218.65 shall be distributed
   79  pursuant to s. 218.65.
   80         3. In each calendar year, the proportion of the proceeds
   81  allocated based on the half-cent sales tax under s. 218.61 shall
   82  be allocated to each county in the same proportion as the
   83  county’s percentage of total sales tax allocation for the prior
   84  state fiscal year and distributed pursuant to s. 218.62.
   85         4. The department shall distribute the appropriate amount
   86  to each municipality and county each month at the same time that
   87  local communications services taxes are distributed pursuant to
   88  subsection (3).
   89         Section 5. Effective October 1, 2015, subsection (1) of
   90  section 202.27, Florida Statutes, is amended to read:
   91         202.27 Return filing; rules for self-accrual.—
   92         (1) For the purpose of ascertaining the amount of tax
   93  payable under this chapter and chapter 203, each every dealer
   94  must has the duty to file a return and remit the taxes required
   95  to be collected in any calendar month to the department, on or
   96  before the 20th day of the subsequent month, upon forms prepared
   97  and furnished by the department or in a format prescribed by it.
   98  The department shall, by rule, prescribe the information to be
   99  furnished by taxpayers on such returns. For the purpose of
  100  determining the taxes required to be remitted under this
  101  subsection, a dealer may elect to use an alternative-period
  102  basis. As used in this subsection, the term “alternative-period
  103  basis” means any month-long period, other than a calendar month,
  104  with an end date on or after the 15th day of the calendar month.
  105  The election shall be made on forms prepared and furnished by
  106  the department or in a format prescribed by the department. A
  107  dealer making such election is bound by the election for at
  108  least 12 months. If an election is made, the dealer must file a
  109  return and remit the taxes required to be collected in the
  110  chosen alternative-period basis to the department on or before
  111  the 20th day of the subsequent month.
  112         Section 6. Effective October 1, 2015, paragraph (d) is
  113  added to subsection (1) of section 202.28, Florida Statutes, to
  114  read:
  115         202.28 Credit for collecting tax; penalties.—
  116         (1) Except as otherwise provided in s. 202.22, for the
  117  purpose of compensating persons providing communications
  118  services for the keeping of prescribed records, the filing of
  119  timely tax returns, and the proper accounting and remitting of
  120  taxes, persons collecting taxes imposed under this chapter and
  121  under s. 203.01(1)(a)2. shall be allowed to deduct 0.75 percent
  122  of the amount of the tax due and accounted for and remitted to
  123  the department.
  124         (d) A disallowance of a collection allowance based on a
  125  delinquent tax payment is limited to the percentage of the total
  126  tax due which was delinquent when the payment was remitted to
  127  the department. The taxpayer has the burden to demonstrate the
  128  percentage of the payment which is not delinquent if that
  129  percentage is not readily evident at the time of payment.
  130         Section 7. The amendments made by this act to ss. 202.27
  131  and 202.28, Florida Statutes, are remedial in nature and apply
  132  retroactively, but do not provide a basis for an assessment of
  133  any unpaid tax or create a right to a refund of or credit for
  134  any tax paid before October 1, 2015. Communications services tax
  135  returns filed by dealers on an alternative-period basis before
  136  October 1, 2015, are deemed to have been filed pursuant to the
  137  election provided in s. 202.27(1), Florida Statutes, as amended
  138  by this act.
  139         Section 8. Section 203.001, Florida Statutes, is amended to
  140  read:
  141         203.001 Combined rate for tax collected pursuant to ss.
  142  202.12(1)(a) and 203.01(1)(b).—In complying with ss. 1-3, ch.
  143  2010-149, Laws of Florida, the dealer of communication services
  144  may collect a combined rate of 5.07 6.8 percent, composed
  145  comprised of the 4.92 6.65 percent and 0.15 percent rates
  146  required by ss. 202.12(1)(a) and 203.01(1)(b)3., respectively,
  147  if as long as the provider properly reflects the tax collected
  148  with respect to the two provisions as required in the return to
  149  the Department of Revenue.
  150         Section 9. The amendments made by this act to ss.
  151  202.12(1), 202.12001, and 203.001, Florida Statutes, apply to
  152  taxable transactions on bills for communications services dated
  153  on or after July 1, 2015.
  154         Section 10. Paragraph (e) is added to subsection (1) of
  155  section 206.9825, Florida Statutes, to read:
  156         206.9825 Aviation fuel tax.—
  157         (1)
  158         (e)1. Sales of aviation fuel to, and exclusively used for
  159  flight training through a school of aeronautics or college of
  160  aviation by, a college based in this state which is a tax-exempt
  161  organization under s. 501(c)(3) of the Internal Revenue Code or
  162  a university based in this state are exempt from the tax imposed
  163  by this part if the college or university:
  164         a. Is accredited by or has applied for accreditation by the
  165  Aviation Accreditation Board International; and
  166         b. Offers a graduate program in aeronautical or aerospace
  167  engineering or offers flight training through a school of
  168  aeronautics or college of aviation.
  169         2. A licensed wholesaler or terminal supplier that sells
  170  aviation fuel to a college or university qualified under this
  171  paragraph and that does not collect the aviation fuel tax from
  172  the college or university on such sale may receive an ultimate
  173  vendor credit for the 6.9-cent excise tax previously paid on the
  174  aviation fuel delivered to such college or university.
  175         3. A college or university qualified under this paragraph
  176  which purchases fuel from a retail supplier, including a fixed
  177  base operator, and pays the 6.9-cent excise tax on the purchase
  178  may apply for and receive a refund of the aviation fuel tax
  179  paid.
  180         Section 11. Subsections (29) and (32) of section 212.02,
  181  Florida Statutes, are amended to read:
  182         212.02 Definitions.—The following terms and phrases when
  183  used in this chapter have the meanings ascribed to them in this
  184  section, except where the context clearly indicates a different
  185  meaning:
  186         (29) “Livestock” includes all animals of the equine,
  187  bovine, or swine class, including goats, sheep, mules, horses,
  188  hogs, cattle, ostriches, and other grazing animals raised for
  189  commercial purposes. The term “livestock” shall also includes
  190  all aquaculture products, as defined in s. 597.0015 and
  191  identified by the Department of Agriculture and Consumer
  192  Services pursuant to s. 597.003, include fish raised for
  193  commercial purposes.
  194         (32) “Agricultural production” means the production of
  195  plants and animals useful to humans, including the preparation,
  196  planting, cultivating, or harvesting of these products or any
  197  other practices necessary to accomplish production through the
  198  harvest phase, including storage of raw products on a farm. The
  199  term and includes aquaculture, horticulture, floriculture,
  200  viticulture, forestry, dairy, livestock, poultry, bees, and any
  201  and all forms of farm products and farm production.
  202         Section 12. Paragraph (a) of subsection (2) of section
  203  212.04, Florida Statutes, is amended to read:
  204         212.04 Admissions tax; rate, procedure, enforcement.—
  205         (2)(a) A tax may not be levied on:
  206         1. Admissions to athletic or other events sponsored by
  207  elementary schools, junior high schools, middle schools, high
  208  schools, community colleges, public or private colleges and
  209  universities, deaf and blind schools, facilities of the youth
  210  services programs of the Department of Children and Families,
  211  and state correctional institutions if only student, faculty, or
  212  inmate talent is used. However, this exemption does not apply to
  213  admission to athletic events sponsored by a state university,
  214  and the proceeds of the tax collected on such admissions shall
  215  be retained and used by each institution to support women’s
  216  athletics as provided in s. 1006.71(2)(c).
  217         2. Dues, membership fees, and admission charges imposed by
  218  not-for-profit sponsoring organizations. To receive this
  219  exemption, the sponsoring organization must qualify as a not
  220  for-profit entity under s. 501(c)(3) of the Internal Revenue
  221  Code of 1954, as amended.
  222         3. Admission charges to an event sponsored by a
  223  governmental entity, sports authority, or sports commission if
  224  held in a convention hall, exhibition hall, auditorium, stadium,
  225  theater, arena, civic center, performing arts center, or
  226  publicly owned recreational facility and if 100 percent of the
  227  risk of success or failure lies with the sponsor of the event
  228  and 100 percent of the funds at risk for the event belong to the
  229  sponsor, and student or faculty talent is not exclusively used.
  230  As used in this subparagraph, the terms “sports authority” and
  231  “sports commission” mean a nonprofit organization that is exempt
  232  from federal income tax under s. 501(c)(3) of the Internal
  233  Revenue Code and that contracts with a county or municipal
  234  government for the purpose of promoting and attracting sports
  235  tourism events to the community with which it contracts.
  236         4. An admission paid by a student, or on the student’s
  237  behalf, to any required place of sport or recreation if the
  238  student’s participation in the sport or recreational activity is
  239  required as a part of a program or activity sponsored by, and
  240  under the jurisdiction of, the student’s educational institution
  241  if his or her attendance is as a participant and not as a
  242  spectator.
  243         5. Admissions to the National Football League championship
  244  game or Pro Bowl; admissions to any semifinal game or
  245  championship game of a national collegiate tournament;
  246  admissions to a Major League Baseball, Major League Soccer,
  247  National Basketball Association, or National Hockey League all
  248  star game; admissions to the Major League Baseball Home Run
  249  Derby held before the Major League Baseball All-Star Game; or
  250  admissions to National Basketball Association all-star events
  251  produced by the National Basketball Association and held at a
  252  facility such as an arena, convention center, or municipal
  253  facility.
  254         6. A participation fee or sponsorship fee imposed by a
  255  governmental entity as described in s. 212.08(6) for an athletic
  256  or recreational program if the governmental entity by itself, or
  257  in conjunction with an organization exempt under s. 501(c)(3) of
  258  the Internal Revenue Code of 1954, as amended, sponsors,
  259  administers, plans, supervises, directs, and controls the
  260  athletic or recreational program.
  261         7. Admissions to live theater, live opera, or live ballet
  262  productions in this state which are sponsored by an organization
  263  that has received a determination from the Internal Revenue
  264  Service that the organization is exempt from federal income tax
  265  under s. 501(c)(3) of the Internal Revenue Code of 1954, as
  266  amended, if the organization actively participates in planning
  267  and conducting the event, is responsible for the safety and
  268  success of the event, is organized for the purpose of sponsoring
  269  live theater, live opera, or live ballet productions in this
  270  state, has more than 10,000 subscribing members and has among
  271  the stated purposes in its charter the promotion of arts
  272  education in the communities it serves, and will receive at
  273  least 20 percent of the net profits, if any, of the events the
  274  organization sponsors and will bear the risk of at least 20
  275  percent of the losses, if any, from the events it sponsors if
  276  the organization employs other persons as agents to provide
  277  services in connection with a sponsored event. Before March 1 of
  278  each year, such organization may apply to the department for a
  279  certificate of exemption for admissions to such events sponsored
  280  in this state by the organization during the immediately
  281  following state fiscal year. The application must state the
  282  total dollar amount of admissions receipts collected by the
  283  organization or its agents from such events in this state
  284  sponsored by the organization or its agents in the year
  285  immediately preceding the year in which the organization applies
  286  for the exemption. Such organization shall receive the exemption
  287  only to the extent of $1.5 million multiplied by the ratio that
  288  such receipts bear to the total of such receipts of all
  289  organizations applying for the exemption in such year; however,
  290  such exemption granted to any organization may not exceed 6
  291  percent of such admissions receipts collected by the
  292  organization or its agents in the year immediately preceding the
  293  year in which the organization applies for the exemption. Each
  294  organization receiving the exemption shall report each month to
  295  the department the total admissions receipts collected from such
  296  events sponsored by the organization during the preceding month
  297  and shall remit to the department an amount equal to 6 percent
  298  of such receipts reduced by any amount remaining under the
  299  exemption. Tickets for such events sold by such organizations
  300  may not reflect the tax otherwise imposed under this section.
  301         8. Entry fees for participation in freshwater fishing
  302  tournaments.
  303         9. Participation or entry fees charged to participants in a
  304  game, race, or other sport or recreational event if spectators
  305  are charged a taxable admission to such event.
  306         10. Admissions to any postseason collegiate football game
  307  sanctioned by the National Collegiate Athletic Association.
  308         11. Admissions to and membership fees for gun clubs. For
  309  purposes of this subparagraph, the term “gun club” means an
  310  organization whose primary purpose is to offer its members
  311  access to one or more shooting ranges for target or skeet
  312  shooting.
  313         Section 13. Subsection (5) of section 212.05, Florida
  314  Statutes, is amended to read:
  315         212.05 Sales, storage, use tax.—It is hereby declared to be
  316  the legislative intent that every person is exercising a taxable
  317  privilege who engages in the business of selling tangible
  318  personal property at retail in this state, including the
  319  business of making mail order sales, or who rents or furnishes
  320  any of the things or services taxable under this chapter, or who
  321  stores for use or consumption in this state any item or article
  322  of tangible personal property as defined herein and who leases
  323  or rents such property within the state.
  324         (5) Notwithstanding any other provision of this chapter,
  325  the maximum amount of tax imposed under this chapter and
  326  collected on each sale or use of a boat in this state may not
  327  exceed $18,000 and on each repair of a boat in this state may
  328  not exceed $60,000.
  329         Section 14. Subsection (3), paragraphs (a) and (p) of
  330  subsection (5), and paragraphs (r) and (ll) of subsection (7) of
  331  section 212.08, Florida Statutes, are amended, and paragraph
  332  (nnn) is added to subsection (7) of that section, to read:
  333         212.08 Sales, rental, use, consumption, distribution, and
  334  storage tax; specified exemptions.—The sale at retail, the
  335  rental, the use, the consumption, the distribution, and the
  336  storage to be used or consumed in this state of the following
  337  are hereby specifically exempt from the tax imposed by this
  338  chapter.
  339         (3) EXEMPTIONS; CERTAIN FARM EQUIPMENT.—
  340         (a) The There shall be no tax may not be imposed on the
  341  sale, rental, lease, use, consumption, repair, or storage for
  342  use in this state of power farm equipment or irrigation
  343  equipment, including replacement parts and accessories for power
  344  farm equipment or irrigation equipment, which are used
  345  exclusively on a farm or in a forest in the agricultural
  346  production of crops or products as produced by those
  347  agricultural industries included in s. 570.02(1), or for fire
  348  prevention and suppression work with respect to such crops or
  349  products. Harvesting may not be construed to include processing
  350  activities. This exemption is not forfeited by moving farm
  351  equipment between farms or forests.
  352         (b) The tax may not be imposed on that portion of the sales
  353  price below $20,000 for a trailer weighing 12,000 pounds or less
  354  and purchased by a farmer for exclusive use in agricultural
  355  production or to transport farm products from his or her farm to
  356  the place where the farmer transfers ownership of the farm
  357  products to another. This exemption is not forfeited by using a
  358  trailer to transport the farmer’s farm equipment. The exemption
  359  provided under this paragraph does not apply to the lease or
  360  rental of a trailer.
  361         (c) The exemptions provided in paragraphs (a) and (b) are
  362  However, this exemption shall not be allowed unless the
  363  purchaser, renter, or lessee signs a certificate stating that
  364  the farm equipment is to be used exclusively on a farm or in a
  365  forest for agricultural production or for fire prevention and
  366  suppression, as required under by this subsection. Possession by
  367  a seller, lessor, or other dealer of a written certification by
  368  the purchaser, renter, or lessee certifying the purchaser’s,
  369  renter’s, or lessee’s entitlement to an exemption permitted by
  370  this subsection relieves the seller from the responsibility of
  371  collecting the tax on the nontaxable amounts, and the department
  372  shall look solely to the purchaser for recovery of such tax if
  373  it determines that the purchaser was not entitled to the
  374  exemption.
  375         (5) EXEMPTIONS; ACCOUNT OF USE.—
  376         (a) Items in agricultural use and certain nets.—There are
  377  exempt from the tax imposed by this chapter nets designed and
  378  used exclusively by commercial fisheries; disinfectants,
  379  fertilizers, insecticides, pesticides, herbicides, fungicides,
  380  and weed killers used for application on crops or groves,
  381  including commercial nurseries and home vegetable gardens, used
  382  in dairy barns or on poultry farms for the purpose of protecting
  383  poultry or livestock, or used directly on poultry or livestock;
  384  portable containers or movable receptacles in which portable
  385  containers are placed, used for processing farm products; field
  386  and garden seeds, including flower seeds; nursery stock,
  387  seedlings, cuttings, or other propagative material purchased for
  388  growing stock; seeds, seedlings, cuttings, and plants used to
  389  produce food for human consumption; cloth, plastic, and other
  390  similar materials used for shade, mulch, or protection from
  391  frost or insects on a farm; stakes used by a farmer to support
  392  plants during agricultural production; generators used on
  393  poultry farms; and liquefied petroleum gas or other fuel used to
  394  heat a structure in which started pullets or broilers are
  395  raised; however, such exemption is shall not be allowed unless
  396  the purchaser or lessee signs a certificate stating that the
  397  item to be exempted is for the exclusive use designated herein.
  398  Also exempt are cellophane wrappers, glue for tin and glass
  399  (apiarists), mailing cases for honey, shipping cases, window
  400  cartons, and baling wire and twine used for baling hay, when
  401  used by a farmer to contain, produce, or process an agricultural
  402  commodity.
  403         (p) Community contribution tax credit for donations.—
  404         1. Authorization.—Persons who are registered with the
  405  department under s. 212.18 to collect or remit sales or use tax
  406  and who make donations to eligible sponsors are eligible for tax
  407  credits against their state sales and use tax liabilities as
  408  provided in this paragraph:
  409         a. The credit shall be computed as 50 percent of the
  410  person’s approved annual community contribution.
  411         b. The credit shall be granted as a refund against state
  412  sales and use taxes reported on returns and remitted in the 12
  413  months preceding the date of application to the department for
  414  the credit as required in sub-subparagraph 3.c. If the annual
  415  credit is not fully used through such refund because of
  416  insufficient tax payments during the applicable 12-month period,
  417  the unused amount may be included in an application for a refund
  418  made pursuant to sub-subparagraph 3.c. in subsequent years
  419  against the total tax payments made for such year. Carryover
  420  credits may be applied for a 3-year period without regard to any
  421  time limitation that would otherwise apply under s. 215.26.
  422         c. A person may not receive more than $200,000 in annual
  423  tax credits for all approved community contributions made in any
  424  one year.
  425         d. All proposals for the granting of the tax credit require
  426  the prior approval of the Department of Economic Opportunity.
  427         e. The total amount of tax credits which may be granted for
  428  all programs approved under this paragraph, s. 220.183, and s.
  429  624.5105 is $18.4 million in fiscal year 2015-2016, $21.4
  430  million in fiscal year 2016-2017, and $21.4 million in fiscal
  431  year 2017-2018 annually for projects that provide housing for
  432  persons with special needs or homeownership opportunities for
  433  low-income households or very-low-income households as those
  434  terms are defined in s. 420.9071 and $3.5 million annually for
  435  all other projects. As used in this paragraph, the term “person
  436  with special needs” has the same meaning as in s. 420.0004 and
  437  the terms “low-income person,” “low-income household,” “very
  438  low-income person,” and “very-low-income household” have the
  439  same meaning as in s. 420.9071.
  440         f. A person who is eligible to receive the credit provided
  441  in this paragraph, s. 220.183, or s. 624.5105 may receive the
  442  credit only under one section of the person’s choice.
  443         2. Eligibility requirements.—
  444         a. A community contribution by a person must be in the
  445  following form:
  446         (I) Cash or other liquid assets;
  447         (II) Real property;
  448         (III) Goods or inventory; or
  449         (IV) Other physical resources identified by the Department
  450  of Economic Opportunity.
  451         b. All community contributions must be reserved exclusively
  452  for use in a project. As used in this sub-subparagraph, the term
  453  “project” means activity undertaken by an eligible sponsor which
  454  is designed to construct, improve, or substantially rehabilitate
  455  housing that is affordable to low-income households or very-low
  456  income households as those terms are defined in s. 420.9071;
  457  designed to provide housing opportunities for persons with
  458  special needs; designed to provide commercial, industrial, or
  459  public resources and facilities; or designed to improve
  460  entrepreneurial and job-development opportunities for low-income
  461  persons. A project may be the investment necessary to increase
  462  access to high-speed broadband capability in a rural community
  463  that had an enterprise zone designated pursuant to chapter 290
  464  as of May 1, 2015 rural communities with enterprise zones,
  465  including projects that result in improvements to communications
  466  assets that are owned by a business. A project may include the
  467  provision of museum educational programs and materials that are
  468  directly related to a project approved between January 1, 1996,
  469  and December 31, 1999, and located in an area which was in an
  470  enterprise zone designated pursuant to s. 290.0065 as of May 1,
  471  2015. This paragraph does not preclude projects that propose to
  472  construct or rehabilitate housing for low-income households or
  473  very-low-income households on scattered sites or housing
  474  opportunities for persons with special needs. With respect to
  475  housing, contributions may be used to pay the following eligible
  476  special needs, low-income, and very-low-income housing-related
  477  activities:
  478         (I) Project development impact and management fees for
  479  special needs, low-income, or very-low-income housing projects;
  480         (II) Down payment and closing costs for persons with
  481  special needs, low-income persons, and very-low-income persons,
  482  as those terms are defined in s. 420.9071;
  483         (III) Administrative costs, including housing counseling
  484  and marketing fees, not to exceed 10 percent of the community
  485  contribution, directly related to special needs, low-income, or
  486  very-low-income projects; and
  487         (IV) Removal of liens recorded against residential property
  488  by municipal, county, or special district local governments if
  489  satisfaction of the lien is a necessary precedent to the
  490  transfer of the property to a low-income person or very-low
  491  income person, as those terms are defined in s. 420.9071, for
  492  the purpose of promoting home ownership. Contributions for lien
  493  removal must be received from a nonrelated third party.
  494         c. The project must be undertaken by an “eligible sponsor,”
  495  which includes:
  496         (I) A community action program;
  497         (II) A nonprofit community-based development organization
  498  whose mission is the provision of housing for persons with
  499  specials needs, low-income households, or very-low-income
  500  households or increasing entrepreneurial and job-development
  501  opportunities for low-income persons;
  502         (III) A neighborhood housing services corporation;
  503         (IV) A local housing authority created under chapter 421;
  504         (V) A community redevelopment agency created under s.
  505  163.356;
  506         (VI) A historic preservation district agency or
  507  organization;
  508         (VII) A regional workforce board;
  509         (VIII) A direct-support organization as provided in s.
  510  1009.983;
  511         (IX) An enterprise zone development agency created under s.
  512  290.0056;
  513         (X) A community-based organization incorporated under
  514  chapter 617 which is recognized as educational, charitable, or
  515  scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
  516  and whose bylaws and articles of incorporation include
  517  affordable housing, economic development, or community
  518  development as the primary mission of the corporation;
  519         (XI) Units of local government;
  520         (XII) Units of state government; or
  521         (XIII) Any other agency that the Department of Economic
  522  Opportunity designates by rule.
  523  
  524  A contributing person may not have a financial interest in the
  525  eligible sponsor.
  526         d. The project must be located in an area which was in an
  527  designated an enterprise zone designated pursuant to chapter 290
  528  as of May 1, 2015, or a Front Porch Florida Community, unless
  529  the project increases access to high-speed broadband capability
  530  in a rural community that had an enterprise zone designated
  531  pursuant to chapter 290 as of May 1, 2015, for rural communities
  532  that have enterprise zones but is physically located outside the
  533  designated rural zone boundaries. Any project designed to
  534  construct or rehabilitate housing for low-income households or
  535  very-low-income households or housing opportunities for persons
  536  with special needs as those terms are defined in s. 420.9071 is
  537  exempt from the area requirement of this sub-subparagraph.
  538         e.(I) If, during the first 10 business days of the state
  539  fiscal year, eligible tax credit applications for projects that
  540  provide housing opportunities for persons with special needs or
  541  homeownership opportunities for low-income households or very
  542  low-income households as those terms are defined in s. 420.9071
  543  are received for less than the annual tax credits available for
  544  those projects, the Department of Economic Opportunity shall
  545  grant tax credits for those applications and grant remaining tax
  546  credits on a first-come, first-served basis for subsequent
  547  eligible applications received before the end of the state
  548  fiscal year. If, during the first 10 business days of the state
  549  fiscal year, eligible tax credit applications for projects that
  550  provide housing opportunities for persons with special needs or
  551  homeownership opportunities for low-income households or very
  552  low-income households as those terms are defined in s. 420.9071
  553  are received for more than the annual tax credits available for
  554  those projects, the Department of Economic Opportunity shall
  555  grant the tax credits for those applications as follows:
  556         (A) If tax credit applications submitted for approved
  557  projects of an eligible sponsor do not exceed $200,000 in total,
  558  the credits shall be granted in full if the tax credit
  559  applications are approved.
  560         (B) If tax credit applications submitted for approved
  561  projects of an eligible sponsor exceed $200,000 in total, the
  562  amount of tax credits granted pursuant to sub-sub-sub
  563  subparagraph (A) shall be subtracted from the amount of
  564  available tax credits, and the remaining credits shall be
  565  granted to each approved tax credit application on a pro rata
  566  basis.
  567         (II) If, during the first 10 business days of the state
  568  fiscal year, eligible tax credit applications for projects other
  569  than those that provide housing opportunities for persons with
  570  special needs or homeownership opportunities for low-income
  571  households or very-low-income households as those terms are
  572  defined in s. 420.9071 are received for less than the annual tax
  573  credits available for those projects, the Department of Economic
  574  Opportunity shall grant tax credits for those applications and
  575  shall grant remaining tax credits on a first-come, first-served
  576  basis for subsequent eligible applications received before the
  577  end of the state fiscal year. If, during the first 10 business
  578  days of the state fiscal year, eligible tax credit applications
  579  for projects other than those that provide housing opportunities
  580  for persons with special needs or homeownership opportunities
  581  for low-income households or very-low-income households as those
  582  terms are defined in s. 420.9071 are received for more than the
  583  annual tax credits available for those projects, the Department
  584  of Economic Opportunity shall grant the tax credits for those
  585  applications on a pro rata basis.
  586         3. Application requirements.—
  587         a. An Any eligible sponsor seeking to participate in this
  588  program must submit a proposal to the Department of Economic
  589  Opportunity which sets forth the name of the sponsor, a
  590  description of the project, and the area in which the project is
  591  located, together with such supporting information as is
  592  prescribed by rule. The proposal must also contain a resolution
  593  from the local governmental unit in which the project is located
  594  certifying that the project is consistent with local plans and
  595  regulations.
  596         b. A Any person seeking to participate in this program must
  597  submit an application for tax credit to the Department of
  598  Economic Opportunity which sets forth the name of the sponsor, a
  599  description of the project, and the type, value, and purpose of
  600  the contribution. The sponsor shall verify, in writing, the
  601  terms of the application and indicate its receipt of the
  602  contribution, and such verification must accompany the
  603  application for tax credit. The person must submit a separate
  604  tax credit application to the Department of Economic Opportunity
  605  for each individual contribution that it makes to each
  606  individual project.
  607         c. A Any person who has received notification from the
  608  Department of Economic Opportunity that a tax credit has been
  609  approved must apply to the department to receive the refund.
  610  Application must be made on the form prescribed for claiming
  611  refunds of sales and use taxes and be accompanied by a copy of
  612  the notification. A person may submit only one application for
  613  refund to the department within a 12-month period.
  614         4. Administration.—
  615         a. The Department of Economic Opportunity may adopt rules
  616  necessary to administer this paragraph, including rules for the
  617  approval or disapproval of proposals by a person.
  618         b. The decision of the Department of Economic Opportunity
  619  must be in writing, and, if approved, the notification shall
  620  state the maximum credit allowable to the person. Upon approval,
  621  the Department of Economic Opportunity shall transmit a copy of
  622  the decision to the department.
  623         c. The Department of Economic Opportunity shall
  624  periodically monitor all projects in a manner consistent with
  625  available resources to ensure that resources are used in
  626  accordance with this paragraph; however, each project must be
  627  reviewed at least once every 2 years.
  628         d. The Department of Economic Opportunity shall, in
  629  consultation with the statewide and regional housing and
  630  financial intermediaries, market the availability of the
  631  community contribution tax credit program to community-based
  632  organizations.
  633         5. Expiration.—This paragraph expires June 30, 2018 2016;
  634  however, any accrued credit carryover that is unused on that
  635  date may be used until the expiration of the 3-year carryover
  636  period for such credit.
  637         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
  638  entity by this chapter do not inure to any transaction that is
  639  otherwise taxable under this chapter when payment is made by a
  640  representative or employee of the entity by any means,
  641  including, but not limited to, cash, check, or credit card, even
  642  when that representative or employee is subsequently reimbursed
  643  by the entity. In addition, exemptions provided to any entity by
  644  this subsection do not inure to any transaction that is
  645  otherwise taxable under this chapter unless the entity has
  646  obtained a sales tax exemption certificate from the department
  647  or the entity obtains or provides other documentation as
  648  required by the department. Eligible purchases or leases made
  649  with such a certificate must be in strict compliance with this
  650  subsection and departmental rules, and any person who makes an
  651  exempt purchase with a certificate that is not in strict
  652  compliance with this subsection and the rules is liable for and
  653  shall pay the tax. The department may adopt rules to administer
  654  this subsection.
  655         (r) School books and school lunches; institution of higher
  656  learning prepaid meal plans.—This exemption applies to school
  657  books used in regularly prescribed courses of study, and to
  658  school lunches served in public, parochial, or nonprofit schools
  659  operated for and attended by pupils of grades K through 12.
  660  Yearbooks, magazines, newspapers, directories, bulletins, and
  661  similar publications distributed by such educational
  662  institutions to their students are also exempt. School books and
  663  food sold or served at a college or institution community
  664  colleges and other institutions of higher learning are taxable,
  665  except that prepaid meal plans purchased for use from a college
  666  or other institution of higher learning by students currently
  667  enrolled or preparing to enroll in a at that college or other
  668  institution of higher learning are exempt. As used in this
  669  paragraph, the term “prepaid meal plans” means payment in
  670  advance, or payment using financial aid, once disbursed, to a
  671  college or institution of higher learning, or to a management
  672  entity under contract to provide prepaid meal plans on behalf of
  673  a college or institution of higher learning, for the provision
  674  of a defined quantities of dollar equivalencies or meal plans
  675  quantity of units that must expire at the end of an academic
  676  term and, cannot be refunded to the student upon expiration, and
  677  which may only be exchanged for food. Prepaid meal plans that
  678  contain a defined number of meals or a defined number of dollar
  679  equivalencies qualify for this exemption. However, the
  680  taxability of the dollar equivalencies of the prepaid meal plans
  681  shall be determined upon the plan’s use, and tax shall be due
  682  when the dollar equivalencies are used to make a purchase if
  683  that purchase is otherwise subject to sales tax pursuant to this
  684  chapter. As used in this paragraph, the term “dollar
  685  equivalencies” includes university-specific dollars on a
  686  declining balance, such as flex bucks or dining bucks.
  687         (ll) Parent-teacher organizations, parent-teacher
  688  associations, and schools having grades K through 12.—
  689         1. Sales or leases to parent-teacher organizations and
  690  associations the purpose of which is to raise funds for schools
  691  that teach grades K through 12 and that are associated with
  692  schools having grades K through 12 are exempt from the tax
  693  imposed by this chapter.
  694         2. Parent-teacher organizations and associations described
  695  in subparagraph 1., and schools having grades K through 12, may
  696  pay tax to their suppliers on the cost price of school materials
  697  and supplies purchased, rented, or leased for resale or rental
  698  to students in grades K through 12, of items sold for
  699  fundraising purposes, and of items sold through vending machines
  700  located on the school premises, in lieu of collecting the tax
  701  imposed by this chapter from the purchaser. This subparagraph
  702  paragraph also applies to food or beverages sold through vending
  703  machines located in the student lunchroom or dining room of a
  704  school having kindergarten through grade 12.
  705         3. In lieu of collecting the tax imposed by this chapter
  706  from the purchaser, school support organizations may pay tax to
  707  their suppliers on the cost price of food, drink, and supplies
  708  necessary to serve such food and drink when the food, drink, and
  709  supplies are purchased for resale. For purposes of this
  710  subparagraph, the term “school support organization” means an
  711  organization whose sole purpose is to raise funds to support
  712  extracurricular activities at public, parochial, or nonprofit
  713  schools that teach students in grades K through 12.
  714         (nnn) Importation of motor vehicles; active United States
  715  Armed Forces members.-The importation of a motor vehicle
  716  purchased and used for 6 months or more in a foreign country by
  717  an active member of the United States Armed Forces or his or her
  718  spouse is also exempt from the tax imposed by this chapter when
  719  the vehicle is imported, registered, or titled in this state for
  720  personal use by the member or his or her spouse. Proof of the
  721  active status of the member, and, when applicable, proof of the
  722  spouse’s relationship to the member, must be provided when the
  723  vehicle is titled and registered in this state.
  724         Section 15. (1) The executive director of the Department of
  725  Revenue is authorized, and all conditions are deemed to be met,
  726  to adopt emergency rules pursuant to s. 120.54(4), Florida
  727  Statutes, for the purpose of implementing the amendments made by
  728  this act to ss. 202.12, 202.27, and 212.08(7), Florida Statutes.
  729         (2) Notwithstanding any other provision of law, emergency
  730  rules adopted pursuant to subsection (1) are effective for 6
  731  months after adoption and may be renewed during the pendency of
  732  procedures to adopt permanent rules addressing the subject of
  733  the emergency rules.
  734         (3) This section expires July 1, 2018.
  735         Section 16. Effective September 1, 2015, paragraph (d) of
  736  subsection (6) of section 212.20, Florida Statutes, is amended
  737  to read:
  738         212.20 Funds collected, disposition; additional powers of
  739  department; operational expense; refund of taxes adjudicated
  740  unconstitutionally collected.—
  741         (6) Distribution of all proceeds under this chapter and ss.
  742  202.18(1)(b) and (2)(b) and 203.01(1)(a)3. is as follows:
  743         (d) The proceeds of all other taxes and fees imposed
  744  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
  745  and (2)(b) shall be distributed as follows:
  746         1. In any fiscal year, the greater of $500 million, minus
  747  an amount equal to 4.6 percent of the proceeds of the taxes
  748  collected pursuant to chapter 201, or 5.2 percent of all other
  749  taxes and fees imposed pursuant to this chapter or remitted
  750  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
  751  monthly installments into the General Revenue Fund.
  752         2. After the distribution under subparagraph 1., 8.9744
  753  8.8854 percent of the amount remitted by a sales tax dealer
  754  located within a participating county pursuant to s. 218.61
  755  shall be transferred into the Local Government Half-cent Sales
  756  Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
  757  be transferred shall be reduced by 0.1 percent, and the
  758  department shall distribute this amount to the Public Employees
  759  Relations Commission Trust Fund less $5,000 each month, which
  760  shall be added to the amount calculated in subparagraph 3. and
  761  distributed accordingly.
  762         3. After the distribution under subparagraphs 1. and 2.,
  763  0.0966 0.0956 percent shall be transferred to the Local
  764  Government Half-cent Sales Tax Clearing Trust Fund and
  765  distributed pursuant to s. 218.65.
  766         4. After the distributions under subparagraphs 1., 2., and
  767  3., 2.0810 2.0603 percent of the available proceeds shall be
  768  transferred monthly to the Revenue Sharing Trust Fund for
  769  Counties pursuant to s. 218.215.
  770         5. After the distributions under subparagraphs 1., 2., and
  771  3., 1.3653 1.3517 percent of the available proceeds shall be
  772  transferred monthly to the Revenue Sharing Trust Fund for
  773  Municipalities pursuant to s. 218.215. If the total revenue to
  774  be distributed pursuant to this subparagraph is at least as
  775  great as the amount due from the Revenue Sharing Trust Fund for
  776  Municipalities and the former Municipal Financial Assistance
  777  Trust Fund in state fiscal year 1999-2000, no municipality shall
  778  receive less than the amount due from the Revenue Sharing Trust
  779  Fund for Municipalities and the former Municipal Financial
  780  Assistance Trust Fund in state fiscal year 1999-2000. If the
  781  total proceeds to be distributed are less than the amount
  782  received in combination from the Revenue Sharing Trust Fund for
  783  Municipalities and the former Municipal Financial Assistance
  784  Trust Fund in state fiscal year 1999-2000, each municipality
  785  shall receive an amount proportionate to the amount it was due
  786  in state fiscal year 1999-2000.
  787         6. Of the remaining proceeds:
  788         a. In each fiscal year, the sum of $29,915,500 shall be
  789  divided into as many equal parts as there are counties in the
  790  state, and one part shall be distributed to each county. The
  791  distribution among the several counties must begin each fiscal
  792  year on or before January 5th and continue monthly for a total
  793  of 4 months. If a local or special law required that any moneys
  794  accruing to a county in fiscal year 1999-2000 under the then
  795  existing provisions of s. 550.135 be paid directly to the
  796  district school board, special district, or a municipal
  797  government, such payment must continue until the local or
  798  special law is amended or repealed. The state covenants with
  799  holders of bonds or other instruments of indebtedness issued by
  800  local governments, special districts, or district school boards
  801  before July 1, 2000, that it is not the intent of this
  802  subparagraph to adversely affect the rights of those holders or
  803  relieve local governments, special districts, or district school
  804  boards of the duty to meet their obligations as a result of
  805  previous pledges or assignments or trusts entered into which
  806  obligated funds received from the distribution to county
  807  governments under then-existing s. 550.135. This distribution
  808  specifically is in lieu of funds distributed under s. 550.135
  809  before July 1, 2000.
  810         b. The department shall distribute $166,667 monthly to each
  811  applicant certified as a facility for a new or retained
  812  professional sports franchise pursuant to s. 288.1162. Up to
  813  $41,667 shall be distributed monthly by the department to each
  814  certified applicant as defined in s. 288.11621 for a facility
  815  for a spring training franchise. However, not more than $416,670
  816  may be distributed monthly in the aggregate to all certified
  817  applicants for facilities for spring training franchises.
  818  Distributions begin 60 days after such certification and
  819  continue for not more than 30 years, except as otherwise
  820  provided in s. 288.11621. A certified applicant identified in
  821  this sub-subparagraph may not receive more in distributions than
  822  expended by the applicant for the public purposes provided in s.
  823  288.1162(5) or s. 288.11621(3).
  824         c. Beginning 30 days after notice by the Department of
  825  Economic Opportunity to the Department of Revenue that an
  826  applicant has been certified as the professional golf hall of
  827  fame pursuant to s. 288.1168 and is open to the public, $166,667
  828  shall be distributed monthly, for up to 300 months, to the
  829  applicant.
  830         d. Beginning 30 days after notice by the Department of
  831  Economic Opportunity to the Department of Revenue that the
  832  applicant has been certified as the International Game Fish
  833  Association World Center facility pursuant to s. 288.1169, and
  834  the facility is open to the public, $83,333 shall be distributed
  835  monthly, for up to 168 months, to the applicant. This
  836  distribution is subject to reduction pursuant to s. 288.1169. A
  837  lump sum payment of $999,996 shall be made after certification
  838  and before July 1, 2000.
  839         e. The department shall distribute up to $83,333 monthly to
  840  each certified applicant as defined in s. 288.11631 for a
  841  facility used by a single spring training franchise, or up to
  842  $166,667 monthly to each certified applicant as defined in s.
  843  288.11631 for a facility used by more than one spring training
  844  franchise. Monthly distributions begin 60 days after such
  845  certification or July 1, 2016, whichever is later, and continue
  846  for not more than 20 years to each certified applicant as
  847  defined in s. 288.11631 for a facility used by a single spring
  848  training franchise or not more than 25 years to each certified
  849  applicant as defined in s. 288.11631 for a facility used by more
  850  than one spring training franchise. A certified applicant
  851  identified in this sub-subparagraph may not receive more in
  852  distributions than expended by the applicant for the public
  853  purposes provided in s. 288.11631(3).
  854         f. Beginning 45 days after notice by the Department of
  855  Economic Opportunity to the Department of Revenue that an
  856  applicant has been approved by the Legislature and certified by
  857  the Department of Economic Opportunity under s. 288.11625 or
  858  upon a date specified by the Department of Economic Opportunity
  859  as provided under s. 288.11625(6)(d), the department shall
  860  distribute each month an amount equal to one-twelfth of the
  861  annual distribution amount certified by the Department of
  862  Economic Opportunity for the applicant. The department may not
  863  distribute more than $7 million in the 2014-2015 fiscal year or
  864  more than $13 million annually thereafter under this sub
  865  subparagraph.
  866         g. Beginning December 1, 2015, and ending June 30, 2016,
  867  the department shall distribute $26,286 monthly to the State
  868  Transportation Trust Fund. Beginning July 1, 2016, the
  869  department shall distribute $15,333 monthly to the State
  870  Transportation Trust Fund.
  871         7. All other proceeds must remain in the General Revenue
  872  Fund.
  873         Section 17. If a communications services dealer is unable
  874  to implement the reduction in communications services tax rates
  875  specified in s. 202.12(1)(a) and (b), Florida Statutes, as
  876  amended by this act, by July 1, 2015, the dealer must remit all
  877  taxes collected at the previous rate during the implementation
  878  period to the Department of Revenue, and:
  879         (1)Must begin collecting tax at the rates specified in s.
  880  202.12(1)(a) and (b), Florida Statutes, as amended by this act,
  881  by October 1, 2015.
  882         (2)Must credit each customer the amount of any tax
  883  collected on or after July 1, 2015, which exceeds the tax that
  884  is due under s. 202.12(1)(a) and (b), Florida Statutes, as
  885  amended by this act. Such credit must be provided to each
  886  affected customer’s account by December 31, 2015.
  887         (3)May take a credit on its communications services tax
  888  return for the amounts that have been credited to customers.
  889         Section 18. Effective upon this act becoming a law,
  890  paragraphs (d) and (t) of subsection (1) of section 220.03,
  891  Florida Statutes, are amended to read:
  892         220.03 Definitions.—
  893         (1) SPECIFIC TERMS.—When used in this code, and when not
  894  otherwise distinctly expressed or manifestly incompatible with
  895  the intent thereof, the following terms shall have the following
  896  meanings:
  897         (d) “Community contribution” means the grant by a business
  898  firm of any of the following items:
  899         1. Cash or other liquid assets.
  900         2. Real property.
  901         3. Goods or inventory.
  902         4. Other physical resources as identified by the
  903  department.
  904  
  905  This paragraph expires June 30, 2018 on the date specified in s.
  906  290.016 for the expiration of the Florida Enterprise Zone Act.
  907         (t) “Project” means any activity undertaken by an eligible
  908  sponsor, as defined in s. 220.183(2)(c), which is designed to
  909  construct, improve, or substantially rehabilitate housing that
  910  is affordable to low-income or very-low-income households as
  911  defined in s. 420.9071(19) and (28); designed to provide housing
  912  opportunities for persons with special needs as defined in s.
  913  420.0004; designed to provide commercial, industrial, or public
  914  resources and facilities; or designed to improve entrepreneurial
  915  and job-development opportunities for low-income persons. A
  916  project may be the investment necessary to increase access to
  917  high-speed broadband capability in a rural community that had an
  918  enterprise zone designated pursuant to chapter 290 as of May 1,
  919  2015 rural communities with enterprise zones, including projects
  920  that result in improvements to communications assets that are
  921  owned by a business. A project may include the provision of
  922  museum educational programs and materials that are directly
  923  related to any project approved between January 1, 1996, and
  924  December 31, 1999, and located in an area that was in an
  925  enterprise zone designated pursuant to s. 290.0065 as of May 1,
  926  2015. This paragraph does not preclude projects that propose to
  927  construct or rehabilitate low-income or very-low-income housing
  928  on scattered sites or housing opportunities for persons with
  929  special needs as defined in s. 420.0004. With respect to
  930  housing, contributions may be used to pay the following eligible
  931  project-related activities:
  932         1. Project development, impact, and management fees for
  933  special needs, low-income, or very-low-income housing projects;
  934         2. Down payment and closing costs for eligible persons, as
  935  defined in s. 420.9071(19) and (28);
  936         3. Administrative costs, including housing counseling and
  937  marketing fees, not to exceed 10 percent of the community
  938  contribution, directly related to special needs, low-income, or
  939  very-low-income projects; and
  940         4. Removal of liens recorded against residential property
  941  by municipal, county, or special-district local governments when
  942  satisfaction of the lien is a necessary precedent to the
  943  transfer of the property to an eligible person, as defined in s.
  944  420.9071(19) and (28), for the purpose of promoting home
  945  ownership. Contributions for lien removal must be received from
  946  a nonrelated third party.
  947  
  948  The provisions of This paragraph expires shall expire and be
  949  void on June 30, 2018 2015.
  950         Section 19. Paragraph (c) of subsection (1), paragraphs
  951  (b), (c), and (d) of subsection (2), and subsection (5) of
  952  section 220.183, Florida Statutes, are amended to read:
  953         220.183 Community contribution tax credit.—
  954         (1) AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX
  955  CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM
  956  SPENDING.—
  957         (c) The total amount of tax credit which may be granted for
  958  all programs approved under this section, s. 212.08(5)(p), and
  959  s. 624.5105 is $18.4 million in fiscal year 2015-2016, $21.4
  960  million in fiscal year 2016-2017, and $21.4 million in fiscal
  961  year 2017-2018 annually for projects that provide housing
  962  opportunities for persons with special needs as defined in s.
  963  420.0004 and homeownership opportunities for low-income
  964  households or very-low-income households as defined in s.
  965  420.9071 and $3.5 million annually for all other projects.
  966         (2) ELIGIBILITY REQUIREMENTS.—
  967         (b)1. All community contributions must be reserved
  968  exclusively for use in projects as defined in s. 220.03(1)(t).
  969         2. If, during the first 10 business days of the state
  970  fiscal year, eligible tax credit applications for projects that
  971  provide housing opportunities for persons with special needs as
  972  defined in s. 420.0004 or homeownership opportunities for low
  973  income or very-low-income households as defined in s.
  974  420.9071(19) and (28) are received for less than the annual tax
  975  credits available for those projects, the Department of Economic
  976  Opportunity shall grant tax credits for those applications and
  977  shall grant remaining tax credits on a first-come, first-served
  978  basis for any subsequent eligible applications received before
  979  the end of the state fiscal year. If, during the first 10
  980  business days of the state fiscal year, eligible tax credit
  981  applications for projects that provide housing opportunities for
  982  persons with special needs as defined in s. 420.0004 or
  983  homeownership opportunities for low-income or very-low-income
  984  households as defined in s. 420.9071(19) and (28) are received
  985  for more than the annual tax credits available for those
  986  projects, the Department of Economic Opportunity shall grant the
  987  tax credits for those applications as follows:
  988         a. If tax credit applications submitted for approved
  989  projects of an eligible sponsor do not exceed $200,000 in total,
  990  the credit shall be granted in full if the tax credit
  991  applications are approved.
  992         b. If tax credit applications submitted for approved
  993  projects of an eligible sponsor exceed $200,000 in total, the
  994  amount of tax credits granted under sub-subparagraph a. shall be
  995  subtracted from the amount of available tax credits, and the
  996  remaining credits shall be granted to each approved tax credit
  997  application on a pro rata basis.
  998         3. If, during the first 10 business days of the state
  999  fiscal year, eligible tax credit applications for projects other
 1000  than those that provide housing opportunities for persons with
 1001  special needs as defined in s. 420.0004 or homeownership
 1002  opportunities for low-income or very-low-income households as
 1003  defined in s. 420.9071(19) and (28) are received for less than
 1004  the annual tax credits available for those projects, the
 1005  Department of Economic Opportunity shall grant tax credits for
 1006  those applications and shall grant remaining tax credits on a
 1007  first-come, first-served basis for any subsequent eligible
 1008  applications received before the end of the state fiscal year.
 1009  If, during the first 10 business days of the state fiscal year,
 1010  eligible tax credit applications for projects other than those
 1011  that provide housing opportunities for persons with special
 1012  needs as defined in s. 420.0004 or homeownership opportunities
 1013  for low-income or very-low-income households as defined in s.
 1014  420.9071(19) and (28) are received for more than the annual tax
 1015  credits available for those projects, the Department of Economic
 1016  Opportunity shall grant the tax credits for those applications
 1017  on a pro rata basis.
 1018         (c) The project must be undertaken by an “eligible
 1019  sponsor,” defined here as:
 1020         1. A community action program;
 1021         2. A nonprofit community-based development organization
 1022  whose mission is the provision of housing for persons with
 1023  special needs or low-income or very-low-income households or
 1024  increasing entrepreneurial and job-development opportunities for
 1025  low-income persons;
 1026         3. A neighborhood housing services corporation;
 1027         4. A local housing authority, created pursuant to chapter
 1028  421;
 1029         5. A community redevelopment agency, created pursuant to s.
 1030  163.356;
 1031         6. A historic preservation district agency or organization;
 1032         7. A regional workforce board;
 1033         8. A direct-support organization as provided in s.
 1034  1009.983;
 1035         9. An enterprise zone development agency created pursuant
 1036  to s. 290.0056;
 1037         10. A community-based organization incorporated under
 1038  chapter 617 which is recognized as educational, charitable, or
 1039  scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
 1040  and whose bylaws and articles of incorporation include
 1041  affordable housing, economic development, or community
 1042  development as the primary mission of the corporation;
 1043         11. Units of local government;
 1044         12. Units of state government; or
 1045         13. Such other agency as the Department of Economic
 1046  Opportunity may, from time to time, designate by rule.
 1047  
 1048  In no event shall a contributing business firm have a financial
 1049  interest in the eligible sponsor.
 1050         (d) The project shall be located in an area that was
 1051  designated as an enterprise zone pursuant to chapter 290 as of
 1052  May 1, 2015, or a Front Porch Florida Community. Any project
 1053  designed to construct or rehabilitate housing for low-income or
 1054  very-low-income households as defined in s. 420.9071(19) and
 1055  (28) or provide housing opportunities for persons with special
 1056  needs as defined in s. 420.0004 is exempt from the area
 1057  requirement of this paragraph. This section does not preclude
 1058  projects that propose to construct or rehabilitate housing for
 1059  low-income or very-low-income households on scattered sites or
 1060  provide housing opportunities for persons with special needs.
 1061  Any project designed to provide increased access to high-speed
 1062  broadband capabilities which includes coverage of a rural
 1063  enterprise zone may locate the project’s infrastructure in any
 1064  area of a rural county.
 1065         (5) EXPIRATION.—The provisions of this section, except
 1066  paragraph (1)(e), expire and are void on June 30, 2018 2016.
 1067         Section 20. Paragraph (f) of subsection (2) of section
 1068  220.1845, Florida Statutes, is amended to read:
 1069         220.1845 Contaminated site rehabilitation tax credit.—
 1070         (2) AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.—
 1071         (f) The total amount of the tax credits which may be
 1072  granted under this section is $21.6 million in the 2015-2016
 1073  fiscal year and $5 million annually thereafter.
 1074         Section 21. Subsection (2) of section 220.196, Florida
 1075  Statutes, is amended to read:
 1076         220.196 Research and development tax credit.—
 1077         (2) TAX CREDIT.—
 1078         (a) As provided in this section Subject to the limitations
 1079  contained in paragraph (e), a business enterprise is eligible
 1080  for a credit against the tax imposed by this chapter if it: the
 1081  business enterprise
 1082         1. Has qualified research expenses in this state in the
 1083  taxable year exceeding the base amount; and, for the same
 1084  taxable year,
 1085         2. Claims and is allowed a research credit for such
 1086  qualified research expenses under 26 U.S.C. s. 41 for the same
 1087  taxable year as subparagraph 1.; and
 1088         3. Is a qualified target industry business as defined in s.
 1089  288.106(2)(n). Only qualified target industry businesses in the
 1090  manufacturing, life sciences, information technology, aviation
 1091  and aerospace, homeland security and defense, cloud information
 1092  technology, marine sciences, materials science, and
 1093  nanotechnology industries may qualify for a tax credit under
 1094  this section. A business applying for a credit pursuant to this
 1095  section shall include a letter from the Department of Economic
 1096  Opportunity certifying whether the business meets the
 1097  requirements of this subparagraph with its application for
 1098  credit. The Department of Economic Opportunity shall provide
 1099  such a letter upon receiving a request.
 1100         (b)(a) The tax credit shall be 10 percent of the excess
 1101  qualified research expenses over the base amount. However, the
 1102  maximum tax credit for a business enterprise that has not been
 1103  in existence for at least 4 taxable years immediately preceding
 1104  the taxable year is reduced by 25 percent for each taxable year
 1105  for which the business enterprise, or a predecessor corporation
 1106  that was a business enterprise, did not exist.
 1107         (c)(b) The credit taken in any taxable year may not exceed
 1108  50 percent of the business enterprise’s remaining net income tax
 1109  liability under this chapter after all other credits have been
 1110  applied under s. 220.02(8).
 1111         (d)(c) Any unused credit authorized under this section may
 1112  be carried forward and claimed by the taxpayer for up to 5
 1113  years.
 1114         (e)(d) The combined total amount of tax credits which may
 1115  be granted to all business enterprises under this section during
 1116  any calendar year is $9 million, except that the total amount
 1117  that may be awarded in calendar year 2016 is $23 million.
 1118  Applications may be filed with the department on or after March
 1119  20 and before March 27 for qualified research expenses incurred
 1120  within the preceding calendar year. If the total, and credits
 1121  for all applicants exceed the maximum amount allowed under this
 1122  paragraph, the credits shall be allocated on a prorated basis
 1123  granted in the order in which completed applications are
 1124  received.
 1125         Section 22. Subsections (4), (5), and (11) of section
 1126  376.30781, Florida Statutes, are amended to read:
 1127         376.30781 Tax credits for rehabilitation of drycleaning
 1128  solvent-contaminated sites and brownfield sites in designated
 1129  brownfield areas; application process; rulemaking authority;
 1130  revocation authority.—
 1131         (4) The Department of Environmental Protection is
 1132  responsible for allocating the tax credits provided for in s.
 1133  220.1845, which may not exceed a total of $21.6 million in tax
 1134  credits in the 2015-2016 fiscal year and $5 million in tax
 1135  credits annually thereafter.
 1136         (5) To claim the credit for site rehabilitation or solid
 1137  waste removal, each tax credit applicant must apply to the
 1138  Department of Environmental Protection for an allocation of the
 1139  $5 million annual credit provided in s. 220.1845 by filing a tax
 1140  credit application with the Division of Waste Management on a
 1141  form developed by the Department of Environmental Protection in
 1142  cooperation with the Department of Revenue. The form shall
 1143  include an affidavit from each tax credit applicant certifying
 1144  that all information contained in the application, including all
 1145  records of costs incurred and claimed in the tax credit
 1146  application, are true and correct. If the application is
 1147  submitted pursuant to subparagraph (3)(a)2., the form must
 1148  include an affidavit signed by the real property owner stating
 1149  that it is not, and has never been, the owner or operator of the
 1150  drycleaning facility where the contamination exists. Approval of
 1151  tax credits must be accomplished on a first-come, first-served
 1152  basis based upon the date and time complete applications are
 1153  received by the Division of Waste Management, subject to the
 1154  limitations of subsection (14). To be eligible for a tax credit,
 1155  the tax credit applicant must:
 1156         (a) For site rehabilitation tax credits, have entered into
 1157  a voluntary cleanup agreement with the Department of
 1158  Environmental Protection for a drycleaning-solvent-contaminated
 1159  site or a Brownfield Site Rehabilitation Agreement, as
 1160  applicable, and have paid all deductibles pursuant to s.
 1161  376.3078(3)(e) for eligible drycleaning-solvent-cleanup program
 1162  sites, as applicable. A site rehabilitation tax credit applicant
 1163  must submit only a single completed application per site for
 1164  each calendar year’s site rehabilitation costs. A site
 1165  rehabilitation application must be received by the Division of
 1166  Waste Management of the Department of Environmental Protection
 1167  by January 31 of the year after the calendar year for which site
 1168  rehabilitation costs are being claimed in a tax credit
 1169  application. All site rehabilitation costs claimed must have
 1170  been for work conducted between January 1 and December 31 of the
 1171  year for which the application is being submitted. All payment
 1172  requests must have been received and all costs must have been
 1173  paid prior to submittal of the tax credit application, but no
 1174  later than January 31 of the year after the calendar year for
 1175  which site rehabilitation costs are being claimed.
 1176         (b) For solid waste removal tax credits, have entered into
 1177  a brownfield site rehabilitation agreement with the Department
 1178  of Environmental Protection. A solid waste removal tax credit
 1179  applicant must submit only a single complete application per
 1180  brownfield site, as defined in the brownfield site
 1181  rehabilitation agreement, for solid waste removal costs. A solid
 1182  waste removal tax credit application must be received by the
 1183  Division of Waste Management of the Department of Environmental
 1184  Protection subsequent to the completion of the requirements
 1185  listed in paragraph (3)(e).
 1186         (11) If a tax credit applicant does not receive a tax
 1187  credit allocation due to an exhaustion of the $5 million annual
 1188  tax credit provided in s. 220.1845 authorization, such
 1189  application will then be included in the same first-come, first
 1190  served order in the next year’s annual tax credit allocation, if
 1191  any, based on the prior year application.
 1192         Section 23. Subsection (8) of section 624.509, Florida
 1193  Statutes, is amended to read:
 1194         624.509 Premium tax; rate and computation.—
 1195         (8) The premium tax authorized by this section may not be
 1196  imposed on:
 1197         (a) Any portion of the title insurance premium, as defined
 1198  in s. 627.7711, retained by a title insurance agent or agency.
 1199  It is the intent of the Legislature that the continuation of
 1200  this exemption be contingent on title insurers adding employees
 1201  to their payroll. Between July 1, 2014, and July 1, 2016, title
 1202  insurers currently holding a valid certificate of authority from
 1203  this state shall, in the aggregate, add a minimum of 600
 1204  Florida-based employees to their payroll, as verified by the
 1205  Department of Economic Opportunity. The department shall submit
 1206  such verification to the President of the Senate and the Speaker
 1207  of the House of Representatives by October 1, 2016. This
 1208  paragraph expires December 31, 2017, unless reenacted by the
 1209  Department of Economic Opportunity determines that title
 1210  insurers holding a valid certificate of authority as of July 1,
 1211  2014, have added, in aggregate, at least 600 Florida-based full
 1212  time equivalent positions above those existing on July 1, 2014,
 1213  including positions obtained from a temporary employment agency
 1214  or employee leasing company or through a union agreement or
 1215  coemployment under a professional employer organization
 1216  agreement by July 1, 2017. For purposes of this paragraph, a
 1217  full-time equivalent position means a position in which the
 1218  employee works an average of at least 36 hours per week each
 1219  month.
 1220         1. The Department of Economic Opportunity may verify
 1221  information provided by title insurers concerning additional
 1222  positions created with any appropriate agency or authority,
 1223  including the Department of Revenue.
 1224         2. To facilitate verification of additional positions
 1225  created by title insurers, the Department of Economic
 1226  Opportunity may provide a list of employees holding additional
 1227  positions created by title insurers to any appropriate agency or
 1228  authority, including the Department of Revenue.
 1229         3. The Department of Economic Opportunity shall submit such
 1230  determination to the President of the Senate, the Speaker of the
 1231  House of Representatives, and the Department of Revenue by
 1232  October 1, 2017. Legislature before that date; or
 1233         (b) Receipts of annuity premiums or considerations paid by
 1234  holders in this state if the tax savings derived are credited to
 1235  the annuity holders. Upon request by the Department of Revenue,
 1236  an insurer availing itself of this provision shall submit to the
 1237  department evidence that establishes that the tax savings
 1238  derived have been credited to annuity holders. As used in this
 1239  paragraph, the term “holders” includes employers contributing to
 1240  an employee’s pension, annuity, or profit-sharing plan.
 1241         Section 24. Paragraph (c) of subsection (1), paragraphs (d)
 1242  and (e) of subsection (2), and subsection (6) of section
 1243  624.5105, Florida Statutes, are amended to read:
 1244         624.5105 Community contribution tax credit; authorization;
 1245  limitations; eligibility and application requirements;
 1246  administration; definitions; expiration.—
 1247         (1) AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.—
 1248         (c) The total amount of tax credit which may be granted for
 1249  all programs approved under this section and ss. 212.08(5)(p)
 1250  and 220.183 is $18.4 million in fiscal year 2015-2016, $21.4
 1251  million in fiscal year 2016-2017, and $21.4 million in fiscal
 1252  year 2017-2018 annually for projects that provide housing
 1253  opportunities for persons with special needs as defined in s.
 1254  420.0004 or homeownership opportunities for low-income or very
 1255  low-income households as defined in s. 420.9071 and $3.5 million
 1256  annually for all other projects.
 1257         (2) ELIGIBILITY REQUIREMENTS.—
 1258         (d) The project shall be located in an area that was
 1259  designated as an enterprise zone pursuant to chapter 290 as of
 1260  May 1, 2015, or a Front Porch Community. Any project designed to
 1261  provide housing opportunities for persons with special needs as
 1262  defined in s. 420.0004 or to construct or rehabilitate housing
 1263  for low-income or very-low-income households as defined in s.
 1264  420.9071(19) and (28) is exempt from the area requirement of
 1265  this paragraph.
 1266         (e)1. If, during the first 10 business days of the state
 1267  fiscal year, eligible tax credit applications for projects that
 1268  provide housing opportunities for persons with special needs as
 1269  defined in s. 420.0004 or homeownership opportunities for low
 1270  income or very-low-income households as defined in s.
 1271  420.9071(19) and (28) are received for less than the annual tax
 1272  credits available for those projects, the Department of Economic
 1273  Opportunity shall grant tax credits for those applications and
 1274  shall grant remaining tax credits on a first-come, first-served
 1275  basis for any subsequent eligible applications received before
 1276  the end of the state fiscal year. If, during the first 10
 1277  business days of the state fiscal year, eligible tax credit
 1278  applications for projects that provide housing opportunities for
 1279  persons with special needs as defined in s. 420.0004 or
 1280  homeownership opportunities for low-income or very-low-income
 1281  households as defined in s. 420.9071(19) and (28) are received
 1282  for more than the annual tax credits available for those
 1283  projects, the Department of Economic Opportunity shall grant the
 1284  tax credits for those applications as follows:
 1285         a. If tax credit applications submitted for approved
 1286  projects of an eligible sponsor do not exceed $200,000 in total,
 1287  the credits shall be granted in full if the tax credit
 1288  applications are approved.
 1289         b. If tax credit applications submitted for approved
 1290  projects of an eligible sponsor exceed $200,000 in total, the
 1291  amount of tax credits granted under sub-subparagraph a. shall be
 1292  subtracted from the amount of available tax credits, and the
 1293  remaining credits shall be granted to each approved tax credit
 1294  application on a pro rata basis.
 1295         2. If, during the first 10 business days of the state
 1296  fiscal year, eligible tax credit applications for projects other
 1297  than those that provide housing opportunities for persons with
 1298  special needs as defined in s. 420.0004 or homeownership
 1299  opportunities for low-income or very-low-income households as
 1300  defined in s. 420.9071(19) and (28) are received for less than
 1301  the annual tax credits available for those projects, the
 1302  Department of Economic Opportunity shall grant tax credits for
 1303  those applications and shall grant remaining tax credits on a
 1304  first-come, first-served basis for any subsequent eligible
 1305  applications received before the end of the state fiscal year.
 1306  If, during the first 10 business days of the state fiscal year,
 1307  eligible tax credit applications for projects other than those
 1308  that provide housing opportunities for persons with special
 1309  needs as defined in s. 420.0004 or homeownership opportunities
 1310  for low-income or very-low-income households as defined in s.
 1311  420.9071(19) and (28) are received for more than the annual tax
 1312  credits available for those projects, the Department of Economic
 1313  Opportunity shall grant the tax credits for those applications
 1314  on a pro rata basis.
 1315         (6) EXPIRATION.—The provisions of this section, except
 1316  paragraph (1)(e), expire and are void on June 30, 2018 2016.
 1317  
 1318  ================= T I T L E  A M E N D M E N T ================
 1319  And the title is amended as follows:
 1320         Delete line 1601
 1321  and insert:
 1322         tax, and gross receipts tax; requiring communications
 1323         services dealers to provide credits by a specified
 1324         date to their customers for taxes collected in excess
 1325         of those authorized by certain provisions of the act;
 1326         authorizing such dealers to take credits on their
 1327         communications services tax returns for certain
 1328         amounts credited to their customers; amending s.
 1329         220.03, F.S.;