Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. HB 33-A, 1st Eng.
       
       
       
       
       
       
                                Ì8076729Î807672                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: AE/2R          .          Floor: SA1/C          
             06/12/2015 11:02 AM       .      06/15/2015 11:25 AM       
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       The Committee on Appropriations (Hukill and Benacquisto)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (d) is added to subsection (2) of
    6  section 193.0235, Florida Statutes, to read:
    7         193.0235 Ad valorem taxes and non-ad valorem assessments
    8  against subdivision property.—
    9         (2) As used in this section, the term “common element”
   10  includes:
   11         (d) Property located within the same county as the
   12  subdivision and used for at least 10 years exclusively for the
   13  benefit of lot owners within the subdivision.
   14         Section 2. Paragraphs (a) and (b) of subsection (1) of
   15  section 202.12, Florida Statutes, are amended to read:
   16         202.12 Sales of communications services.—The Legislature
   17  finds that every person who engages in the business of selling
   18  communications services at retail in this state is exercising a
   19  taxable privilege. It is the intent of the Legislature that the
   20  tax imposed by chapter 203 be administered as provided in this
   21  chapter.
   22         (1) For the exercise of such privilege, a tax is levied on
   23  each taxable transaction, and the tax is due and payable as
   24  follows:
   25         (a) Except as otherwise provided in this subsection, at the
   26  a rate of 4.92 6.65 percent applied to the sales price of the
   27  communications service that which:
   28         1. Originates and terminates in this state, or
   29         2. Originates or terminates in this state and is charged to
   30  a service address in this state,
   31  
   32  when sold at retail, computed on each taxable sale for the
   33  purpose of remitting the tax due. The gross receipts tax imposed
   34  by chapter 203 shall be collected on the same taxable
   35  transactions and remitted with the tax imposed by this
   36  paragraph. If no tax is imposed by this paragraph due to the
   37  exemption provided under by reason of s. 202.125(1), the tax
   38  imposed by chapter 203 shall nevertheless be collected and
   39  remitted in the manner and at the time prescribed for tax
   40  collections and remittances under this chapter.
   41         (b) At the rate of 9.07 10.8 percent applied to on the
   42  retail sales price of any direct-to-home satellite service
   43  received in this state. The proceeds of the tax imposed under
   44  this paragraph shall be accounted for and distributed in
   45  accordance with s. 202.18(2). The gross receipts tax imposed by
   46  chapter 203 shall be collected on the same taxable transactions
   47  and remitted with the tax imposed by this paragraph.
   48         Section 3. Section 202.12001, Florida Statutes, is amended
   49  to read:
   50         202.12001 Combined rate for tax collected pursuant to ss.
   51  202.12(1)(a) and 203.01(1)(b).—In complying with ss. 1-3, ch.
   52  2010-149, Laws of Florida, the dealer of communication services
   53  may collect a combined rate of 5.07 6.8 percent, composed
   54  comprised of the 4.92 6.65 percent and 0.15 percent rates
   55  required by ss. 202.12(1)(a) and 203.01(1)(b)3., respectively,
   56  if as long as the provider properly reflects the tax collected
   57  with respect to the two provisions as required in the return to
   58  the department of Revenue.
   59         Section 4. Effective August 1, 2015, subsection (2) of
   60  section 202.18, Florida Statutes, is amended to read:
   61         202.18 Allocation and disposition of tax proceeds.—The
   62  proceeds of the communications services taxes remitted under
   63  this chapter shall be treated as follows:
   64         (2) The proceeds of the taxes remitted under s.
   65  202.12(1)(b) shall be allocated divided as follows:
   66         (a) The portion of the such proceeds which constitutes
   67  gross receipts taxes, imposed at the rate prescribed in chapter
   68  203, shall be deposited as provided by law and in accordance
   69  with s. 9, Art. XII of the State Constitution.
   70         (b) Fifty-five and nine-tenths Sixty-three percent of the
   71  remainder shall be allocated to the state and distributed
   72  pursuant to s. 212.20(6), except that the proceeds allocated
   73  pursuant to s. 212.20(6)(d)2. shall be prorated to the
   74  participating counties in the same proportion as that month’s
   75  collection of the taxes and fees imposed pursuant to chapter 212
   76  and paragraph (1)(b).
   77         (c)1. During each calendar year, the remaining portion of
   78  the such proceeds shall be transferred to the Local Government
   79  Half-cent Sales Tax Clearing Trust Fund. Seventy percent of such
   80  proceeds shall be allocated in the same proportion as the
   81  allocation of total receipts of the half-cent sales tax under s.
   82  218.61 and the emergency distribution under s. 218.65 in the
   83  prior state fiscal year. Thirty percent of such proceeds shall
   84  be distributed pursuant to s. 218.67.
   85         2. The proportion of the proceeds allocated based on the
   86  emergency distribution under s. 218.65 shall be distributed
   87  pursuant to s. 218.65.
   88         3. In each calendar year, the proportion of the proceeds
   89  allocated based on the half-cent sales tax under s. 218.61 shall
   90  be allocated to each county in the same proportion as the
   91  county’s percentage of total sales tax allocation for the prior
   92  state fiscal year and distributed pursuant to s. 218.62.
   93         4. The department shall distribute the appropriate amount
   94  to each municipality and county each month at the same time that
   95  local communications services taxes are distributed pursuant to
   96  subsection (3).
   97         Section 5. Effective October 1, 2015, subsection (1) of
   98  section 202.27, Florida Statutes, is amended to read:
   99         202.27 Return filing; rules for self-accrual.—
  100         (1) For the purpose of ascertaining the amount of tax
  101  payable under this chapter and chapter 203, each every dealer
  102  must has the duty to file a return and remit the taxes required
  103  to be collected in any calendar month to the department, on or
  104  before the 20th day of the subsequent month, upon forms prepared
  105  and furnished by the department or in a format prescribed by it.
  106  The department shall, by rule, prescribe the information to be
  107  furnished by taxpayers on such returns. For the purpose of
  108  determining the taxes required to be remitted under this
  109  subsection, a dealer may elect to use an alternative-period
  110  basis. As used in this subsection, the term “alternative-period
  111  basis” means any month-long period, other than a calendar month,
  112  with an end date on or after the 15th day of the calendar month.
  113  The election shall be made on forms prepared and furnished by
  114  the department or in a format prescribed by the department. A
  115  dealer making such election is bound by the election for at
  116  least 12 months. If an election is made, the dealer must file a
  117  return and remit the taxes required to be collected in the
  118  chosen alternative-period basis to the department on or before
  119  the 20th day of the subsequent month.
  120         Section 6. Effective October 1, 2015, paragraph (d) is
  121  added to subsection (1) of section 202.28, Florida Statutes, to
  122  read:
  123         202.28 Credit for collecting tax; penalties.—
  124         (1) Except as otherwise provided in s. 202.22, for the
  125  purpose of compensating persons providing communications
  126  services for the keeping of prescribed records, the filing of
  127  timely tax returns, and the proper accounting and remitting of
  128  taxes, persons collecting taxes imposed under this chapter and
  129  under s. 203.01(1)(a)2. shall be allowed to deduct 0.75 percent
  130  of the amount of the tax due and accounted for and remitted to
  131  the department.
  132         (d) A disallowance of a collection allowance based on a
  133  delinquent tax payment is limited to the percentage of the total
  134  tax due which was delinquent when the payment was remitted to
  135  the department. The taxpayer has the burden to demonstrate the
  136  percentage of the payment which is not delinquent if that
  137  percentage is not readily evident at the time of payment.
  138         Section 7. The amendments made by this act to ss. 202.27
  139  and 202.28, Florida Statutes, are remedial in nature and apply
  140  retroactively, but do not provide a basis for an assessment of
  141  any unpaid tax or create a right to a refund of or credit for
  142  any tax paid before October 1, 2015. Communications services tax
  143  returns filed by dealers on an alternative-period basis before
  144  October 1, 2015, are deemed to have been filed pursuant to the
  145  election provided in s. 202.27(1), Florida Statutes, as amended
  146  by this act.
  147         Section 8. Section 203.001, Florida Statutes, is amended to
  148  read:
  149         203.001 Combined rate for tax collected pursuant to ss.
  150  202.12(1)(a) and 203.01(1)(b).—In complying with ss. 1-3, ch.
  151  2010-149, Laws of Florida, the dealer of communication services
  152  may collect a combined rate of 5.07 6.8 percent, composed
  153  comprised of the 4.92 6.65 percent and 0.15 percent rates
  154  required by ss. 202.12(1)(a) and 203.01(1)(b)3., respectively,
  155  if as long as the provider properly reflects the tax collected
  156  with respect to the two provisions as required in the return to
  157  the Department of Revenue.
  158         Section 9. The amendments made by this act to ss.
  159  202.12(1), 202.12001, and 203.001, Florida Statutes, apply to
  160  taxable communications services transactions on bills dated on
  161  or after July 1, 2015.
  162         Section 10. Paragraph (e) is added to subsection (1) of
  163  section 206.9825, Florida Statutes, to read:
  164         206.9825 Aviation fuel tax.—
  165         (1)
  166         (e)1. Sales of aviation fuel to, and exclusively used for
  167  flight training through a school of aeronautics or college of
  168  aviation by, a college based in this state which is a tax-exempt
  169  organization under s. 501(c)(3) of the Internal Revenue Code or
  170  a university based in this state are exempt from the tax imposed
  171  by this part if the college or university:
  172         a. Is accredited by or has applied for accreditation by the
  173  Aviation Accreditation Board International; and
  174         b. Offers a graduate program in aeronautical or aerospace
  175  engineering or offers flight training through a school of
  176  aeronautics or college of aviation.
  177         2. A licensed wholesaler or terminal supplier that sells
  178  aviation fuel to a college or university qualified under this
  179  paragraph and that does not collect the aviation fuel tax from
  180  the college or university on such sale may receive an ultimate
  181  vendor credit for the 6.9-cent excise tax previously paid on the
  182  aviation fuel delivered to such college or university.
  183         3. A college or university qualified under this paragraph
  184  which purchases fuel from a retail supplier, including a fixed
  185  base operator, and pays the 6.9-cent excise tax on the purchase
  186  may apply for and receive a refund of the aviation fuel tax
  187  paid.
  188         Section 11. Subsections (29) and (32) of section 212.02,
  189  Florida Statutes, are amended to read:
  190         212.02 Definitions.—The following terms and phrases when
  191  used in this chapter have the meanings ascribed to them in this
  192  section, except where the context clearly indicates a different
  193  meaning:
  194         (29) “Livestock” includes all animals of the equine,
  195  bovine, or swine class, including goats, sheep, mules, horses,
  196  hogs, cattle, ostriches, and other grazing animals raised for
  197  commercial purposes. The term “livestock” shall also includes
  198  all aquaculture products, as defined in s. 597.0015 and
  199  identified by the Department of Agriculture and Consumer
  200  Services pursuant to s. 597.003, include fish raised for
  201  commercial purposes.
  202         (32) “Agricultural production” means the production of
  203  plants and animals useful to humans, including the preparation,
  204  planting, cultivating, or harvesting of these products or any
  205  other practices necessary to accomplish production through the
  206  harvest phase, including storage of raw products on a farm. The
  207  term and includes aquaculture, horticulture, floriculture,
  208  viticulture, forestry, dairy, livestock, poultry, bees, and any
  209  and all forms of farm products and farm production.
  210         Section 12. Paragraph (a) of subsection (2) of section
  211  212.04, Florida Statutes, is amended to read:
  212         212.04 Admissions tax; rate, procedure, enforcement.—
  213         (2)(a) A tax may not be levied on:
  214         1. Admissions to athletic or other events sponsored by
  215  elementary schools, junior high schools, middle schools, high
  216  schools, community colleges, public or private colleges and
  217  universities, deaf and blind schools, facilities of the youth
  218  services programs of the Department of Children and Families,
  219  and state correctional institutions if only student, faculty, or
  220  inmate talent is used. However, this exemption does not apply to
  221  admission to athletic events sponsored by a state university,
  222  and the proceeds of the tax collected on such admissions shall
  223  be retained and used by each institution to support women’s
  224  athletics as provided in s. 1006.71(2)(c).
  225         2. Dues, membership fees, and admission charges imposed by
  226  not-for-profit sponsoring organizations. To receive this
  227  exemption, the sponsoring organization must qualify as a not
  228  for-profit entity under s. 501(c)(3) of the Internal Revenue
  229  Code of 1954, as amended.
  230         3. Admission charges to an event sponsored by a
  231  governmental entity, sports authority, or sports commission if
  232  held in a convention hall, exhibition hall, auditorium, stadium,
  233  theater, arena, civic center, performing arts center, or
  234  publicly owned recreational facility and if 100 percent of the
  235  risk of success or failure lies with the sponsor of the event
  236  and 100 percent of the funds at risk for the event belong to the
  237  sponsor, and student or faculty talent is not exclusively used.
  238  As used in this subparagraph, the terms “sports authority” and
  239  “sports commission” mean a nonprofit organization that is exempt
  240  from federal income tax under s. 501(c)(3) of the Internal
  241  Revenue Code and that contracts with a county or municipal
  242  government for the purpose of promoting and attracting sports
  243  tourism events to the community with which it contracts.
  244         4. An admission paid by a student, or on the student’s
  245  behalf, to any required place of sport or recreation if the
  246  student’s participation in the sport or recreational activity is
  247  required as a part of a program or activity sponsored by, and
  248  under the jurisdiction of, the student’s educational institution
  249  if his or her attendance is as a participant and not as a
  250  spectator.
  251         5. Admissions to the National Football League championship
  252  game or Pro Bowl; admissions to any semifinal game or
  253  championship game of a national collegiate tournament;
  254  admissions to a Major League Baseball, Major League Soccer,
  255  National Basketball Association, or National Hockey League all
  256  star game; admissions to the Major League Baseball Home Run
  257  Derby held before the Major League Baseball All-Star Game; or
  258  admissions to National Basketball Association all-star events
  259  produced by the National Basketball Association and held at a
  260  facility such as an arena, convention center, or municipal
  261  facility.
  262         6. A participation fee or sponsorship fee imposed by a
  263  governmental entity as described in s. 212.08(6) for an athletic
  264  or recreational program if the governmental entity by itself, or
  265  in conjunction with an organization exempt under s. 501(c)(3) of
  266  the Internal Revenue Code of 1954, as amended, sponsors,
  267  administers, plans, supervises, directs, and controls the
  268  athletic or recreational program.
  269         7. Admissions to live theater, live opera, or live ballet
  270  productions in this state which are sponsored by an organization
  271  that has received a determination from the Internal Revenue
  272  Service that the organization is exempt from federal income tax
  273  under s. 501(c)(3) of the Internal Revenue Code of 1954, as
  274  amended, if the organization actively participates in planning
  275  and conducting the event, is responsible for the safety and
  276  success of the event, is organized for the purpose of sponsoring
  277  live theater, live opera, or live ballet productions in this
  278  state, has more than 10,000 subscribing members and has among
  279  the stated purposes in its charter the promotion of arts
  280  education in the communities it serves, and will receive at
  281  least 20 percent of the net profits, if any, of the events the
  282  organization sponsors and will bear the risk of at least 20
  283  percent of the losses, if any, from the events it sponsors if
  284  the organization employs other persons as agents to provide
  285  services in connection with a sponsored event. Before March 1 of
  286  each year, such organization may apply to the department for a
  287  certificate of exemption for admissions to such events sponsored
  288  in this state by the organization during the immediately
  289  following state fiscal year. The application must state the
  290  total dollar amount of admissions receipts collected by the
  291  organization or its agents from such events in this state
  292  sponsored by the organization or its agents in the year
  293  immediately preceding the year in which the organization applies
  294  for the exemption. Such organization shall receive the exemption
  295  only to the extent of $1.5 million multiplied by the ratio that
  296  such receipts bear to the total of such receipts of all
  297  organizations applying for the exemption in such year; however,
  298  such exemption granted to any organization may not exceed 6
  299  percent of such admissions receipts collected by the
  300  organization or its agents in the year immediately preceding the
  301  year in which the organization applies for the exemption. Each
  302  organization receiving the exemption shall report each month to
  303  the department the total admissions receipts collected from such
  304  events sponsored by the organization during the preceding month
  305  and shall remit to the department an amount equal to 6 percent
  306  of such receipts reduced by any amount remaining under the
  307  exemption. Tickets for such events sold by such organizations
  308  may not reflect the tax otherwise imposed under this section.
  309         8. Entry fees for participation in freshwater fishing
  310  tournaments.
  311         9. Participation or entry fees charged to participants in a
  312  game, race, or other sport or recreational event if spectators
  313  are charged a taxable admission to such event.
  314         10. Admissions to any postseason collegiate football game
  315  sanctioned by the National Collegiate Athletic Association.
  316         11. Admissions to and membership fees for gun clubs. For
  317  purposes of this subparagraph, the term “gun club” means an
  318  organization whose primary purpose is to offer its members
  319  access to one or more shooting ranges for target or skeet
  320  shooting.
  321         Section 13. Subsection (5) of section 212.05, Florida
  322  Statutes, is amended to read:
  323         212.05 Sales, storage, use tax.—It is hereby declared to be
  324  the legislative intent that every person is exercising a taxable
  325  privilege who engages in the business of selling tangible
  326  personal property at retail in this state, including the
  327  business of making mail order sales, or who rents or furnishes
  328  any of the things or services taxable under this chapter, or who
  329  stores for use or consumption in this state any item or article
  330  of tangible personal property as defined herein and who leases
  331  or rents such property within the state.
  332         (5) Notwithstanding any other provision of this chapter,
  333  the maximum amount of tax imposed under this chapter and
  334  collected on each sale or use of a boat in this state may not
  335  exceed $18,000 and on each repair of a boat in this state may
  336  not exceed $60,000.
  337         Section 14. Subsection (3), paragraphs (a) and (p) of
  338  subsection (5), and paragraphs (r) and (ll) of subsection (7) of
  339  section 212.08, Florida Statutes, are amended, and paragraph
  340  (nnn) is added to subsection (7) of that section, to read:
  341         212.08 Sales, rental, use, consumption, distribution, and
  342  storage tax; specified exemptions.—The sale at retail, the
  343  rental, the use, the consumption, the distribution, and the
  344  storage to be used or consumed in this state of the following
  345  are hereby specifically exempt from the tax imposed by this
  346  chapter.
  347         (3) EXEMPTIONS; CERTAIN FARM EQUIPMENT.—
  348         (a) The There shall be no tax may not be imposed on the
  349  sale, rental, lease, use, consumption, repair, or storage for
  350  use in this state of power farm equipment or irrigation
  351  equipment, including replacement parts and accessories for power
  352  farm equipment or irrigation equipment, which are used
  353  exclusively on a farm or in a forest in the agricultural
  354  production of crops or products as produced by those
  355  agricultural industries included in s. 570.02(1), or for fire
  356  prevention and suppression work with respect to such crops or
  357  products. Harvesting may not be construed to include processing
  358  activities. This exemption is not forfeited by moving farm
  359  equipment between farms or forests.
  360         (b) The tax may not be imposed on that portion of the sales
  361  price below $20,000 for a trailer weighing 12,000 pounds or less
  362  and purchased by a farmer for exclusive use in agricultural
  363  production or to transport farm products from his or her farm to
  364  the place where the farmer transfers ownership of the farm
  365  products to another. This exemption is not forfeited by using a
  366  trailer to transport the farmer’s farm equipment. The exemption
  367  provided under this paragraph does not apply to the lease or
  368  rental of a trailer.
  369         (c) The exemptions provided in paragraphs (a) and (b) are
  370  However, this exemption shall not be allowed unless the
  371  purchaser, renter, or lessee signs a certificate stating that
  372  the farm equipment is to be used exclusively on a farm or in a
  373  forest for agricultural production or for fire prevention and
  374  suppression, as required under by this subsection. Possession by
  375  a seller, lessor, or other dealer of a written certification by
  376  the purchaser, renter, or lessee certifying the purchaser’s,
  377  renter’s, or lessee’s entitlement to an exemption permitted by
  378  this subsection relieves the seller from the responsibility of
  379  collecting the tax on the nontaxable amounts, and the department
  380  shall look solely to the purchaser for recovery of such tax if
  381  it determines that the purchaser was not entitled to the
  382  exemption.
  383         (5) EXEMPTIONS; ACCOUNT OF USE.—
  384         (a) Items in agricultural use and certain nets.—There are
  385  exempt from the tax imposed by this chapter nets designed and
  386  used exclusively by commercial fisheries; disinfectants,
  387  fertilizers, insecticides, pesticides, herbicides, fungicides,
  388  and weed killers used for application on crops or groves,
  389  including commercial nurseries and home vegetable gardens, used
  390  in dairy barns or on poultry farms for the purpose of protecting
  391  poultry or livestock, or used directly on poultry or livestock;
  392  portable containers or movable receptacles in which portable
  393  containers are placed, used for processing farm products; field
  394  and garden seeds, including flower seeds; nursery stock,
  395  seedlings, cuttings, or other propagative material purchased for
  396  growing stock; seeds, seedlings, cuttings, and plants used to
  397  produce food for human consumption; cloth, plastic, and other
  398  similar materials used for shade, mulch, or protection from
  399  frost or insects on a farm; stakes used by a farmer to support
  400  plants during agricultural production; generators used on
  401  poultry farms; and liquefied petroleum gas or other fuel used to
  402  heat a structure in which started pullets or broilers are
  403  raised; however, such exemption is shall not be allowed unless
  404  the purchaser or lessee signs a certificate stating that the
  405  item to be exempted is for the exclusive use designated herein.
  406  Also exempt are cellophane wrappers, glue for tin and glass
  407  (apiarists), mailing cases for honey, shipping cases, window
  408  cartons, and baling wire and twine used for baling hay, when
  409  used by a farmer to contain, produce, or process an agricultural
  410  commodity.
  411         (p) Community contribution tax credit for donations.—
  412         1. Authorization.—Persons who are registered with the
  413  department under s. 212.18 to collect or remit sales or use tax
  414  and who make donations to eligible sponsors are eligible for tax
  415  credits against their state sales and use tax liabilities as
  416  provided in this paragraph:
  417         a. The credit shall be computed as 50 percent of the
  418  person’s approved annual community contribution.
  419         b. The credit shall be granted as a refund against state
  420  sales and use taxes reported on returns and remitted in the 12
  421  months preceding the date of application to the department for
  422  the credit as required in sub-subparagraph 3.c. If the annual
  423  credit is not fully used through such refund because of
  424  insufficient tax payments during the applicable 12-month period,
  425  the unused amount may be included in an application for a refund
  426  made pursuant to sub-subparagraph 3.c. in subsequent years
  427  against the total tax payments made for such year. Carryover
  428  credits may be applied for a 3-year period without regard to any
  429  time limitation that would otherwise apply under s. 215.26.
  430         c. A person may not receive more than $200,000 in annual
  431  tax credits for all approved community contributions made in any
  432  one year.
  433         d. All proposals for the granting of the tax credit require
  434  the prior approval of the Department of Economic Opportunity.
  435         e. The total amount of tax credits which may be granted for
  436  all programs approved under this paragraph, s. 220.183, and s.
  437  624.5105 is $18.4 million in the 2015-2016 fiscal year, $21.4
  438  million in the 2016-2017 fiscal year, and $21.4 million in the
  439  2017-2018 fiscal year annually for projects that provide housing
  440  opportunities for persons with special needs or homeownership
  441  opportunities for low-income households or very-low-income
  442  households as those terms are defined in s. 420.9071 and $3.5
  443  million annually for all other projects. As used in this
  444  paragraph, the term “person with special needs” has the same
  445  meaning as in s. 420.0004 and the terms “low-income person,”
  446  “low-income household,” “very-low-income person,” and “very-low
  447  income household” have the same meaning as in s. 420.9071.
  448         f. A person who is eligible to receive the credit provided
  449  in this paragraph, s. 220.183, or s. 624.5105 may receive the
  450  credit only under one section of the person’s choice.
  451         2. Eligibility requirements.—
  452         a. A community contribution by a person must be in the
  453  following form:
  454         (I) Cash or other liquid assets;
  455         (II) Real property;
  456         (III) Goods or inventory; or
  457         (IV) Other physical resources identified by the Department
  458  of Economic Opportunity.
  459         b. All community contributions must be reserved exclusively
  460  for use in a project. As used in this sub-subparagraph, the term
  461  “project” means activity undertaken by an eligible sponsor which
  462  is designed to construct, improve, or substantially rehabilitate
  463  housing that is affordable to low-income households or very-low
  464  income households as those terms are defined in s. 420.9071;
  465  designed to provide housing opportunities for persons with
  466  special needs; designed to provide commercial, industrial, or
  467  public resources and facilities; or designed to improve
  468  entrepreneurial and job-development opportunities for low-income
  469  persons. A project may be the investment necessary to increase
  470  access to high-speed broadband capability in a rural community
  471  that had an enterprise zone designated pursuant to chapter 290
  472  as of May 1, 2015 rural communities with enterprise zones,
  473  including projects that result in improvements to communications
  474  assets that are owned by a business. A project may include the
  475  provision of museum educational programs and materials that are
  476  directly related to a project approved between January 1, 1996,
  477  and December 31, 1999, and located in an area which was in an
  478  enterprise zone designated pursuant to s. 290.0065 as of May 1,
  479  2015. This paragraph does not preclude projects that propose to
  480  construct or rehabilitate housing for low-income households or
  481  very-low-income households on scattered sites or housing
  482  opportunities for persons with special needs. With respect to
  483  housing, contributions may be used to pay the following eligible
  484  special needs, low-income, and very-low-income housing-related
  485  activities:
  486         (I) Project development impact and management fees for
  487  special needs, low-income, or very-low-income housing projects;
  488         (II) Down payment and closing costs for persons with
  489  special needs, low-income persons, and very-low-income persons,
  490  as those terms are defined in s. 420.9071;
  491         (III) Administrative costs, including housing counseling
  492  and marketing fees, not to exceed 10 percent of the community
  493  contribution, directly related to special needs, low-income, or
  494  very-low-income projects; and
  495         (IV) Removal of liens recorded against residential property
  496  by municipal, county, or special district local governments if
  497  satisfaction of the lien is a necessary precedent to the
  498  transfer of the property to a low-income person or very-low
  499  income person, as those terms are defined in s. 420.9071, for
  500  the purpose of promoting home ownership. Contributions for lien
  501  removal must be received from a nonrelated third party.
  502         c. The project must be undertaken by an “eligible sponsor,”
  503  which includes:
  504         (I) A community action program;
  505         (II) A nonprofit community-based development organization
  506  whose mission is the provision of housing for persons with
  507  specials needs, low-income households, or very-low-income
  508  households or increasing entrepreneurial and job-development
  509  opportunities for low-income persons;
  510         (III) A neighborhood housing services corporation;
  511         (IV) A local housing authority created under chapter 421;
  512         (V) A community redevelopment agency created under s.
  513  163.356;
  514         (VI) A historic preservation district agency or
  515  organization;
  516         (VII) A regional workforce board;
  517         (VIII) A direct-support organization as provided in s.
  518  1009.983;
  519         (IX) An enterprise zone development agency created under s.
  520  290.0056;
  521         (X) A community-based organization incorporated under
  522  chapter 617 which is recognized as educational, charitable, or
  523  scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
  524  and whose bylaws and articles of incorporation include
  525  affordable housing, economic development, or community
  526  development as the primary mission of the corporation;
  527         (XI) Units of local government;
  528         (XII) Units of state government; or
  529         (XIII) Any other agency that the Department of Economic
  530  Opportunity designates by rule.
  531  
  532  A contributing person may not have a financial interest in the
  533  eligible sponsor.
  534         d. The project must be located in an area which was in an
  535  designated an enterprise zone designated pursuant to chapter 290
  536  as of May 1, 2015, or a Front Porch Florida Community, unless
  537  the project increases access to high-speed broadband capability
  538  in a rural community that had an enterprise zone designated
  539  pursuant to chapter 290 as of May 1, 2015, for rural communities
  540  that have enterprise zones but is physically located outside the
  541  designated rural zone boundaries. Any project designed to
  542  construct or rehabilitate housing for low-income households or
  543  very-low-income households or housing opportunities for persons
  544  with special needs as those terms are defined in s. 420.9071 is
  545  exempt from the area requirement of this sub-subparagraph.
  546         e.(I) If, during the first 10 business days of the state
  547  fiscal year, eligible tax credit applications for projects that
  548  provide housing opportunities for persons with special needs or
  549  homeownership opportunities for low-income households or very
  550  low-income households as those terms are defined in s. 420.9071
  551  are received for less than the annual tax credits available for
  552  those projects, the Department of Economic Opportunity shall
  553  grant tax credits for those applications and grant remaining tax
  554  credits on a first-come, first-served basis for subsequent
  555  eligible applications received before the end of the state
  556  fiscal year. If, during the first 10 business days of the state
  557  fiscal year, eligible tax credit applications for projects that
  558  provide housing opportunities for persons with special needs or
  559  homeownership opportunities for low-income households or very
  560  low-income households as those terms are defined in s. 420.9071
  561  are received for more than the annual tax credits available for
  562  those projects, the Department of Economic Opportunity shall
  563  grant the tax credits for those applications as follows:
  564         (A) If tax credit applications submitted for approved
  565  projects of an eligible sponsor do not exceed $200,000 in total,
  566  the credits shall be granted in full if the tax credit
  567  applications are approved.
  568         (B) If tax credit applications submitted for approved
  569  projects of an eligible sponsor exceed $200,000 in total, the
  570  amount of tax credits granted pursuant to sub-sub-sub
  571  subparagraph (A) shall be subtracted from the amount of
  572  available tax credits, and the remaining credits shall be
  573  granted to each approved tax credit application on a pro rata
  574  basis.
  575         (II) If, during the first 10 business days of the state
  576  fiscal year, eligible tax credit applications for projects other
  577  than those that provide housing opportunities for persons with
  578  special needs or homeownership opportunities for low-income
  579  households or very-low-income households as those terms are
  580  defined in s. 420.9071 are received for less than the annual tax
  581  credits available for those projects, the Department of Economic
  582  Opportunity shall grant tax credits for those applications and
  583  shall grant remaining tax credits on a first-come, first-served
  584  basis for subsequent eligible applications received before the
  585  end of the state fiscal year. If, during the first 10 business
  586  days of the state fiscal year, eligible tax credit applications
  587  for projects other than those that provide housing opportunities
  588  for persons with special needs or homeownership opportunities
  589  for low-income households or very-low-income households as those
  590  terms are defined in s. 420.9071 are received for more than the
  591  annual tax credits available for those projects, the Department
  592  of Economic Opportunity shall grant the tax credits for those
  593  applications on a pro rata basis.
  594         3. Application requirements.—
  595         a. An Any eligible sponsor seeking to participate in this
  596  program must submit a proposal to the Department of Economic
  597  Opportunity which sets forth the name of the sponsor, a
  598  description of the project, and the area in which the project is
  599  located, together with such supporting information as is
  600  prescribed by rule. The proposal must also contain a resolution
  601  from the local governmental unit in which the project is located
  602  certifying that the project is consistent with local plans and
  603  regulations.
  604         b. A Any person seeking to participate in this program must
  605  submit an application for tax credit to the Department of
  606  Economic Opportunity which sets forth the name of the sponsor, a
  607  description of the project, and the type, value, and purpose of
  608  the contribution. The sponsor shall verify, in writing, the
  609  terms of the application and indicate its receipt of the
  610  contribution, and such verification must accompany the
  611  application for tax credit. The person must submit a separate
  612  tax credit application to the Department of Economic Opportunity
  613  for each individual contribution that it makes to each
  614  individual project.
  615         c. A Any person who has received notification from the
  616  Department of Economic Opportunity that a tax credit has been
  617  approved must apply to the department to receive the refund.
  618  Application must be made on the form prescribed for claiming
  619  refunds of sales and use taxes and be accompanied by a copy of
  620  the notification. A person may submit only one application for
  621  refund to the department within a 12-month period.
  622         4. Administration.—
  623         a. The Department of Economic Opportunity may adopt rules
  624  necessary to administer this paragraph, including rules for the
  625  approval or disapproval of proposals by a person.
  626         b. The decision of the Department of Economic Opportunity
  627  must be in writing, and, if approved, the notification shall
  628  state the maximum credit allowable to the person. Upon approval,
  629  the Department of Economic Opportunity shall transmit a copy of
  630  the decision to the department.
  631         c. The Department of Economic Opportunity shall
  632  periodically monitor all projects in a manner consistent with
  633  available resources to ensure that resources are used in
  634  accordance with this paragraph; however, each project must be
  635  reviewed at least once every 2 years.
  636         d. The Department of Economic Opportunity shall, in
  637  consultation with the statewide and regional housing and
  638  financial intermediaries, market the availability of the
  639  community contribution tax credit program to community-based
  640  organizations.
  641         5. Expiration.—This paragraph expires June 30, 2018 2016;
  642  however, any accrued credit carryover that is unused on that
  643  date may be used until the expiration of the 3-year carryover
  644  period for such credit.
  645         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
  646  entity by this chapter do not inure to any transaction that is
  647  otherwise taxable under this chapter when payment is made by a
  648  representative or employee of the entity by any means,
  649  including, but not limited to, cash, check, or credit card, even
  650  when that representative or employee is subsequently reimbursed
  651  by the entity. In addition, exemptions provided to any entity by
  652  this subsection do not inure to any transaction that is
  653  otherwise taxable under this chapter unless the entity has
  654  obtained a sales tax exemption certificate from the department
  655  or the entity obtains or provides other documentation as
  656  required by the department. Eligible purchases or leases made
  657  with such a certificate must be in strict compliance with this
  658  subsection and departmental rules, and any person who makes an
  659  exempt purchase with a certificate that is not in strict
  660  compliance with this subsection and the rules is liable for and
  661  shall pay the tax. The department may adopt rules to administer
  662  this subsection.
  663         (r) School books and school lunches; institution of higher
  664  learning prepaid meal plans.—This exemption applies to school
  665  books used in regularly prescribed courses of study, and to
  666  school lunches served in public, parochial, or nonprofit schools
  667  operated for and attended by pupils of grades K through 12.
  668  Yearbooks, magazines, newspapers, directories, bulletins, and
  669  similar publications distributed by such educational
  670  institutions to their students are also exempt. School books and
  671  food sold or served at a college or institution community
  672  colleges and other institutions of higher learning are taxable,
  673  except that prepaid meal plans purchased for use from a college
  674  or other institution of higher learning by students currently
  675  enrolled or preparing to enroll in a at that college or other
  676  institution of higher learning are exempt. As used in this
  677  paragraph, the term “prepaid meal plans” means payment in
  678  advance, or payment using financial aid, once disbursed, to a
  679  college or institution of higher learning, or to a management
  680  entity under contract to provide prepaid meal plans on behalf of
  681  a college or institution of higher learning, for the provision
  682  of a defined quantities of dollar equivalencies or meal plans
  683  quantity of units that must expire at the end of an academic
  684  term and, cannot be refunded to the student upon expiration, and
  685  which may only be exchanged for food. Prepaid meal plans that
  686  contain a defined number of meals or a defined number of dollar
  687  equivalencies qualify for this exemption. However, the
  688  taxability of the dollar equivalencies of the prepaid meal plans
  689  shall be determined upon the plan’s use, and tax shall be due
  690  when the dollar equivalencies are used to make a purchase if
  691  that purchase is otherwise subject to sales tax pursuant to this
  692  chapter. As used in this paragraph, the term “dollar
  693  equivalencies” includes university-specific dollars on a
  694  declining balance, such as flex bucks or dining bucks.
  695         (ll) Parent-teacher organizations, parent-teacher
  696  associations, and schools having grades K through 12.—
  697         1. Sales or leases to parent-teacher organizations and
  698  associations the purpose of which is to raise funds for schools
  699  that teach grades K through 12 and that are associated with
  700  schools having grades K through 12 are exempt from the tax
  701  imposed by this chapter.
  702         2. Parent-teacher organizations and associations described
  703  in subparagraph 1., and schools having grades K through 12, may
  704  pay tax to their suppliers on the cost price of school materials
  705  and supplies purchased, rented, or leased for resale or rental
  706  to students in grades K through 12, of items sold for
  707  fundraising purposes, and of items sold through vending machines
  708  located on the school premises, in lieu of collecting the tax
  709  imposed by this chapter from the purchaser. This subparagraph
  710  paragraph also applies to food or beverages sold through vending
  711  machines located in the student lunchroom or dining room of a
  712  school having kindergarten through grade 12.
  713         3. In lieu of collecting the tax imposed by this chapter
  714  from the purchaser, school support organizations may pay tax to
  715  their suppliers on the cost price of food, drink, and supplies
  716  necessary to serve such food and drink when the food, drink, and
  717  supplies are purchased for resale. For purposes of this
  718  subparagraph, the term “school support organization” means an
  719  organization whose sole purpose is to raise funds to support
  720  extracurricular activities at public, parochial, or nonprofit
  721  schools that teach students in grades K through 12.
  722         (nnn) Importation of motor vehicles; active United States
  723  Armed Forces members.The importation of a motor vehicle
  724  purchased and used for 6 months or more in a foreign country by
  725  an active member of the United States Armed Forces or his or her
  726  spouse is also exempt from the tax imposed by this chapter when
  727  the vehicle is imported, registered, or titled in this state for
  728  personal use by the member or his or her spouse. Proof of the
  729  active status of the member, and, when applicable, proof of the
  730  spouse’s relationship to the member, must be provided when the
  731  vehicle is titled and registered in this state.
  732         Section 15. (1) The executive director of the Department of
  733  Revenue is authorized, and all conditions are deemed to be met,
  734  to adopt emergency rules pursuant to s. 120.54(4), Florida
  735  Statutes, for the purpose of implementing the amendments made by
  736  this act to ss. 202.12, 202.27, and 212.08(7), Florida Statutes.
  737         (2) Notwithstanding any other provision of law, emergency
  738  rules adopted pursuant to subsection (1) are effective for 6
  739  months after adoption and may be renewed during the pendency of
  740  procedures to adopt permanent rules addressing the subject of
  741  the emergency rules.
  742         (3) This section expires July 1, 2018.
  743         Section 16. Effective September 1, 2015, paragraph (d) of
  744  subsection (6) of section 212.20, Florida Statutes, is amended
  745  to read:
  746         212.20 Funds collected, disposition; additional powers of
  747  department; operational expense; refund of taxes adjudicated
  748  unconstitutionally collected.—
  749         (6) Distribution of all proceeds under this chapter and ss.
  750  202.18(1)(b) and (2)(b) and 203.01(1)(a)3. is as follows:
  751         (d) The proceeds of all other taxes and fees imposed
  752  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
  753  and (2)(b) shall be distributed as follows:
  754         1. In any fiscal year, the greater of $500 million, minus
  755  an amount equal to 4.6 percent of the proceeds of the taxes
  756  collected pursuant to chapter 201, or 5.2 percent of all other
  757  taxes and fees imposed pursuant to this chapter or remitted
  758  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
  759  monthly installments into the General Revenue Fund.
  760         2. After the distribution under subparagraph 1., 8.9744
  761  8.8854 percent of the amount remitted by a sales tax dealer
  762  located within a participating county pursuant to s. 218.61
  763  shall be transferred into the Local Government Half-cent Sales
  764  Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
  765  be transferred shall be reduced by 0.1 percent, and the
  766  department shall distribute this amount to the Public Employees
  767  Relations Commission Trust Fund less $5,000 each month, which
  768  shall be added to the amount calculated in subparagraph 3. and
  769  distributed accordingly.
  770         3. After the distribution under subparagraphs 1. and 2.,
  771  0.0966 0.0956 percent shall be transferred to the Local
  772  Government Half-cent Sales Tax Clearing Trust Fund and
  773  distributed pursuant to s. 218.65.
  774         4. After the distributions under subparagraphs 1., 2., and
  775  3., 2.0810 2.0603 percent of the available proceeds shall be
  776  transferred monthly to the Revenue Sharing Trust Fund for
  777  Counties pursuant to s. 218.215.
  778         5. After the distributions under subparagraphs 1., 2., and
  779  3., 1.3653 1.3517 percent of the available proceeds shall be
  780  transferred monthly to the Revenue Sharing Trust Fund for
  781  Municipalities pursuant to s. 218.215. If the total revenue to
  782  be distributed pursuant to this subparagraph is at least as
  783  great as the amount due from the Revenue Sharing Trust Fund for
  784  Municipalities and the former Municipal Financial Assistance
  785  Trust Fund in state fiscal year 1999-2000, no municipality shall
  786  receive less than the amount due from the Revenue Sharing Trust
  787  Fund for Municipalities and the former Municipal Financial
  788  Assistance Trust Fund in state fiscal year 1999-2000. If the
  789  total proceeds to be distributed are less than the amount
  790  received in combination from the Revenue Sharing Trust Fund for
  791  Municipalities and the former Municipal Financial Assistance
  792  Trust Fund in state fiscal year 1999-2000, each municipality
  793  shall receive an amount proportionate to the amount it was due
  794  in state fiscal year 1999-2000.
  795         6. Of the remaining proceeds:
  796         a. In each fiscal year, the sum of $29,915,500 shall be
  797  divided into as many equal parts as there are counties in the
  798  state, and one part shall be distributed to each county. The
  799  distribution among the several counties must begin each fiscal
  800  year on or before January 5th and continue monthly for a total
  801  of 4 months. If a local or special law required that any moneys
  802  accruing to a county in fiscal year 1999-2000 under the then
  803  existing provisions of s. 550.135 be paid directly to the
  804  district school board, special district, or a municipal
  805  government, such payment must continue until the local or
  806  special law is amended or repealed. The state covenants with
  807  holders of bonds or other instruments of indebtedness issued by
  808  local governments, special districts, or district school boards
  809  before July 1, 2000, that it is not the intent of this
  810  subparagraph to adversely affect the rights of those holders or
  811  relieve local governments, special districts, or district school
  812  boards of the duty to meet their obligations as a result of
  813  previous pledges or assignments or trusts entered into which
  814  obligated funds received from the distribution to county
  815  governments under then-existing s. 550.135. This distribution
  816  specifically is in lieu of funds distributed under s. 550.135
  817  before July 1, 2000.
  818         b. The department shall distribute $166,667 monthly to each
  819  applicant certified as a facility for a new or retained
  820  professional sports franchise pursuant to s. 288.1162. Up to
  821  $41,667 shall be distributed monthly by the department to each
  822  certified applicant as defined in s. 288.11621 for a facility
  823  for a spring training franchise. However, not more than $416,670
  824  may be distributed monthly in the aggregate to all certified
  825  applicants for facilities for spring training franchises.
  826  Distributions begin 60 days after such certification and
  827  continue for not more than 30 years, except as otherwise
  828  provided in s. 288.11621. A certified applicant identified in
  829  this sub-subparagraph may not receive more in distributions than
  830  expended by the applicant for the public purposes provided in s.
  831  288.1162(5) or s. 288.11621(3).
  832         c. Beginning 30 days after notice by the Department of
  833  Economic Opportunity to the Department of Revenue that an
  834  applicant has been certified as the professional golf hall of
  835  fame pursuant to s. 288.1168 and is open to the public, $166,667
  836  shall be distributed monthly, for up to 300 months, to the
  837  applicant.
  838         d. Beginning 30 days after notice by the Department of
  839  Economic Opportunity to the Department of Revenue that the
  840  applicant has been certified as the International Game Fish
  841  Association World Center facility pursuant to s. 288.1169, and
  842  the facility is open to the public, $83,333 shall be distributed
  843  monthly, for up to 168 months, to the applicant. This
  844  distribution is subject to reduction pursuant to s. 288.1169. A
  845  lump sum payment of $999,996 shall be made after certification
  846  and before July 1, 2000.
  847         e. The department shall distribute up to $83,333 monthly to
  848  each certified applicant as defined in s. 288.11631 for a
  849  facility used by a single spring training franchise, or up to
  850  $166,667 monthly to each certified applicant as defined in s.
  851  288.11631 for a facility used by more than one spring training
  852  franchise. Monthly distributions begin 60 days after such
  853  certification or July 1, 2016, whichever is later, and continue
  854  for not more than 20 years to each certified applicant as
  855  defined in s. 288.11631 for a facility used by a single spring
  856  training franchise or not more than 25 years to each certified
  857  applicant as defined in s. 288.11631 for a facility used by more
  858  than one spring training franchise. A certified applicant
  859  identified in this sub-subparagraph may not receive more in
  860  distributions than expended by the applicant for the public
  861  purposes provided in s. 288.11631(3).
  862         f. Beginning 45 days after notice by the Department of
  863  Economic Opportunity to the Department of Revenue that an
  864  applicant has been approved by the Legislature and certified by
  865  the Department of Economic Opportunity under s. 288.11625 or
  866  upon a date specified by the Department of Economic Opportunity
  867  as provided under s. 288.11625(6)(d), the department shall
  868  distribute each month an amount equal to one-twelfth of the
  869  annual distribution amount certified by the Department of
  870  Economic Opportunity for the applicant. The department may not
  871  distribute more than $7 million in the 2014-2015 fiscal year or
  872  more than $13 million annually thereafter under this sub
  873  subparagraph.
  874         g. Beginning December 1, 2015, and ending June 30, 2016,
  875  the department shall distribute $26,286 monthly to the State
  876  Transportation Trust Fund. Beginning July 1, 2016, the
  877  department shall distribute $15,333 monthly to the State
  878  Transportation Trust Fund.
  879         7. All other proceeds must remain in the General Revenue
  880  Fund.
  881         Section 17. If a communications services dealer is unable
  882  to implement the reduction in communications services tax rates
  883  specified in s. 202.12(1)(a) and (b), Florida Statutes, as
  884  amended by this act, by July 1, 2015, the dealer must remit all
  885  taxes collected at the previous rate during the implementation
  886  period to the Department of Revenue, and:
  887         (1)Must begin collecting tax at the rates specified in s.
  888  202.12(1)(a) and (b), Florida Statutes, as amended by this act,
  889  by October 1, 2015.
  890         (2)Must credit each customer the amount of any tax
  891  collected on bills dated on or after July 1, 2015, which exceeds
  892  the tax that is due under s. 202.12(1)(a) and (b), Florida
  893  Statutes, as amended by this act. Such credit must be provided
  894  to each affected customer’s account by March 1, 2016. The
  895  inability of a communications services provider to provide a
  896  credit to a customer’s account due to the customer’s termination
  897  of service does not create a cause of action against the
  898  provider.
  899         (3)May take a credit on its communications services tax
  900  return for the amounts that have been credited to customers.
  901         Section 18. Effective upon this act becoming a law,
  902  paragraphs (d) and (t) of subsection (1) of section 220.03,
  903  Florida Statutes, are amended to read:
  904         220.03 Definitions.—
  905         (1) SPECIFIC TERMS.—When used in this code, and when not
  906  otherwise distinctly expressed or manifestly incompatible with
  907  the intent thereof, the following terms shall have the following
  908  meanings:
  909         (d) “Community contribution” means the grant by a business
  910  firm of any of the following items:
  911         1. Cash or other liquid assets.
  912         2. Real property.
  913         3. Goods or inventory.
  914         4. Other physical resources as identified by the
  915  department.
  916  
  917  This paragraph expires June 30, 2018 on the date specified in s.
  918  290.016 for the expiration of the Florida Enterprise Zone Act.
  919         (t) “Project” means any activity undertaken by an eligible
  920  sponsor, as defined in s. 220.183(2)(c), which is designed to
  921  construct, improve, or substantially rehabilitate housing that
  922  is affordable to low-income or very-low-income households as
  923  defined in s. 420.9071(19) and (28); designed to provide housing
  924  opportunities for persons with special needs as defined in s.
  925  420.0004; designed to provide commercial, industrial, or public
  926  resources and facilities; or designed to improve entrepreneurial
  927  and job-development opportunities for low-income persons. A
  928  project may be the investment necessary to increase access to
  929  high-speed broadband capability in a rural community that had an
  930  enterprise zone designated pursuant to chapter 290 as of May 1,
  931  2015 rural communities with enterprise zones, including projects
  932  that result in improvements to communications assets that are
  933  owned by a business. A project may include the provision of
  934  museum educational programs and materials that are directly
  935  related to any project approved between January 1, 1996, and
  936  December 31, 1999, and located in an area that was in an
  937  enterprise zone designated pursuant to s. 290.0065 as of May 1,
  938  2015. This paragraph does not preclude projects that propose to
  939  construct or rehabilitate low-income or very-low-income housing
  940  on scattered sites or housing opportunities for persons with
  941  special needs as defined in s. 420.0004. With respect to
  942  housing, contributions may be used to pay the following eligible
  943  project-related activities:
  944         1. Project development, impact, and management fees for
  945  special needs, low-income, or very-low-income housing projects;
  946         2. Down payment and closing costs for eligible persons, as
  947  defined in s. 420.9071(19) and (28);
  948         3. Administrative costs, including housing counseling and
  949  marketing fees, not to exceed 10 percent of the community
  950  contribution, directly related to special needs, low-income, or
  951  very-low-income projects; and
  952         4. Removal of liens recorded against residential property
  953  by municipal, county, or special-district local governments when
  954  satisfaction of the lien is a necessary precedent to the
  955  transfer of the property to an eligible person, as defined in s.
  956  420.9071(19) and (28), for the purpose of promoting home
  957  ownership. Contributions for lien removal must be received from
  958  a nonrelated third party.
  959  
  960  The provisions of This paragraph expires shall expire and be
  961  void on June 30, 2018 2015.
  962         Section 19. Paragraph (c) of subsection (1), paragraphs
  963  (b), (c), and (d) of subsection (2), and subsection (5) of
  964  section 220.183, Florida Statutes, are amended to read:
  965         220.183 Community contribution tax credit.—
  966         (1) AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX
  967  CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM
  968  SPENDING.—
  969         (c) The total amount of tax credit which may be granted for
  970  all programs approved under this section, s. 212.08(5)(p), and
  971  s. 624.5105 is $18.4 million in the 2015-2016 fiscal year, $21.4
  972  million in the 2016-2017 fiscal year, and $21.4 million in the
  973  2017-2018 fiscal year annually for projects that provide housing
  974  opportunities for persons with special needs as defined in s.
  975  420.0004 and homeownership opportunities for low-income
  976  households or very-low-income households as defined in s.
  977  420.9071 and $3.5 million annually for all other projects.
  978         (2) ELIGIBILITY REQUIREMENTS.—
  979         (b)1. All community contributions must be reserved
  980  exclusively for use in projects as defined in s. 220.03(1)(t).
  981         2. If, during the first 10 business days of the state
  982  fiscal year, eligible tax credit applications for projects that
  983  provide housing opportunities for persons with special needs as
  984  defined in s. 420.0004 or homeownership opportunities for low
  985  income or very-low-income households as defined in s.
  986  420.9071(19) and (28) are received for less than the annual tax
  987  credits available for those projects, the Department of Economic
  988  Opportunity shall grant tax credits for those applications and
  989  shall grant remaining tax credits on a first-come, first-served
  990  basis for any subsequent eligible applications received before
  991  the end of the state fiscal year. If, during the first 10
  992  business days of the state fiscal year, eligible tax credit
  993  applications for projects that provide housing opportunities for
  994  persons with special needs as defined in s. 420.0004 or
  995  homeownership opportunities for low-income or very-low-income
  996  households as defined in s. 420.9071(19) and (28) are received
  997  for more than the annual tax credits available for those
  998  projects, the Department of Economic Opportunity shall grant the
  999  tax credits for those applications as follows:
 1000         a. If tax credit applications submitted for approved
 1001  projects of an eligible sponsor do not exceed $200,000 in total,
 1002  the credit shall be granted in full if the tax credit
 1003  applications are approved.
 1004         b. If tax credit applications submitted for approved
 1005  projects of an eligible sponsor exceed $200,000 in total, the
 1006  amount of tax credits granted under sub-subparagraph a. shall be
 1007  subtracted from the amount of available tax credits, and the
 1008  remaining credits shall be granted to each approved tax credit
 1009  application on a pro rata basis.
 1010         3. If, during the first 10 business days of the state
 1011  fiscal year, eligible tax credit applications for projects other
 1012  than those that provide housing opportunities for persons with
 1013  special needs as defined in s. 420.0004 or homeownership
 1014  opportunities for low-income or very-low-income households as
 1015  defined in s. 420.9071(19) and (28) are received for less than
 1016  the annual tax credits available for those projects, the
 1017  Department of Economic Opportunity shall grant tax credits for
 1018  those applications and shall grant remaining tax credits on a
 1019  first-come, first-served basis for any subsequent eligible
 1020  applications received before the end of the state fiscal year.
 1021  If, during the first 10 business days of the state fiscal year,
 1022  eligible tax credit applications for projects other than those
 1023  that provide housing opportunities for persons with special
 1024  needs as defined in s. 420.0004 or homeownership opportunities
 1025  for low-income or very-low-income households as defined in s.
 1026  420.9071(19) and (28) are received for more than the annual tax
 1027  credits available for those projects, the Department of Economic
 1028  Opportunity shall grant the tax credits for those applications
 1029  on a pro rata basis.
 1030         (c) The project must be undertaken by an “eligible
 1031  sponsor,” defined here as:
 1032         1. A community action program;
 1033         2. A nonprofit community-based development organization
 1034  whose mission is the provision of housing for persons with
 1035  special needs or low-income or very-low-income households or
 1036  increasing entrepreneurial and job-development opportunities for
 1037  low-income persons;
 1038         3. A neighborhood housing services corporation;
 1039         4. A local housing authority, created pursuant to chapter
 1040  421;
 1041         5. A community redevelopment agency, created pursuant to s.
 1042  163.356;
 1043         6. A historic preservation district agency or organization;
 1044         7. A regional workforce board;
 1045         8. A direct-support organization as provided in s.
 1046  1009.983;
 1047         9. An enterprise zone development agency created pursuant
 1048  to s. 290.0056;
 1049         10. A community-based organization incorporated under
 1050  chapter 617 which is recognized as educational, charitable, or
 1051  scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
 1052  and whose bylaws and articles of incorporation include
 1053  affordable housing, economic development, or community
 1054  development as the primary mission of the corporation;
 1055         11. Units of local government;
 1056         12. Units of state government; or
 1057         13. Such other agency as the Department of Economic
 1058  Opportunity may, from time to time, designate by rule.
 1059  
 1060  In no event shall a contributing business firm have a financial
 1061  interest in the eligible sponsor.
 1062         (d) The project shall be located in an area that was
 1063  designated as an enterprise zone pursuant to chapter 290 as of
 1064  May 1, 2015, or a Front Porch Florida Community. Any project
 1065  designed to construct or rehabilitate housing for low-income or
 1066  very-low-income households as defined in s. 420.9071(19) and
 1067  (28) or provide housing opportunities for persons with special
 1068  needs as defined in s. 420.0004 is exempt from the area
 1069  requirement of this paragraph. This section does not preclude
 1070  projects that propose to construct or rehabilitate housing for
 1071  low-income or very-low-income households on scattered sites or
 1072  provide housing opportunities for persons with special needs.
 1073  Any project designed to provide increased access to high-speed
 1074  broadband capabilities which includes coverage of a rural
 1075  enterprise zone may locate the project’s infrastructure in any
 1076  area of a rural county.
 1077         (5) EXPIRATION.—The provisions of this section, except
 1078  paragraph (1)(e), expire and are void on June 30, 2018 2016.
 1079         Section 20. Paragraph (f) of subsection (2) of section
 1080  220.1845, Florida Statutes, is amended to read:
 1081         220.1845 Contaminated site rehabilitation tax credit.—
 1082         (2) AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.—
 1083         (f) The total amount of the tax credits which may be
 1084  granted under this section is $21.6 million in the 2015-2016
 1085  fiscal year and $5 million annually thereafter.
 1086         Section 21. Subsection (2) of section 220.196, Florida
 1087  Statutes, is amended to read:
 1088         220.196 Research and development tax credit.—
 1089         (2) TAX CREDIT.—
 1090         (a) As provided in this section Subject to the limitations
 1091  contained in paragraph (e), a business enterprise is eligible
 1092  for a credit against the tax imposed by this chapter if it: the
 1093  business enterprise
 1094         1. Has qualified research expenses in this state in the
 1095  taxable year exceeding the base amount; and, for the same
 1096  taxable year,
 1097         2. Claims and is allowed a research credit for such
 1098  qualified research expenses under 26 U.S.C. s. 41 for the same
 1099  taxable year as subparagraph 1.; and
 1100         3. Is a qualified target industry business as defined in s.
 1101  288.106(2)(n). Only qualified target industry businesses in the
 1102  manufacturing, life sciences, information technology, aviation
 1103  and aerospace, homeland security and defense, cloud information
 1104  technology, marine sciences, materials science, and
 1105  nanotechnology industries may qualify for a tax credit under
 1106  this section. A business applying for a credit pursuant to this
 1107  section shall include a letter from the Department of Economic
 1108  Opportunity certifying whether the business meets the
 1109  requirements of this subparagraph with its application for
 1110  credit. The Department of Economic Opportunity shall provide
 1111  such a letter upon receiving a request.
 1112         (b)(a) The tax credit shall be 10 percent of the excess
 1113  qualified research expenses over the base amount. However, the
 1114  maximum tax credit for a business enterprise that has not been
 1115  in existence for at least 4 taxable years immediately preceding
 1116  the taxable year is reduced by 25 percent for each taxable year
 1117  for which the business enterprise, or a predecessor corporation
 1118  that was a business enterprise, did not exist.
 1119         (c)(b) The credit taken in any taxable year may not exceed
 1120  50 percent of the business enterprise’s remaining net income tax
 1121  liability under this chapter after all other credits have been
 1122  applied under s. 220.02(8).
 1123         (d)(c) Any unused credit authorized under this section may
 1124  be carried forward and claimed by the taxpayer for up to 5
 1125  years.
 1126         (e)(d) The combined total amount of tax credits which may
 1127  be granted to all business enterprises under this section during
 1128  any calendar year is $9 million, except that the total amount
 1129  that may be awarded in the 2016 calendar year is $23 million.
 1130  Applications may be filed with the department on or after March
 1131  20 and before March 27 for qualified research expenses incurred
 1132  within the preceding calendar year. If the total, and credits
 1133  for all applicants exceed the maximum amount allowed under this
 1134  paragraph, the credits shall be allocated on a prorated basis
 1135  granted in the order in which completed applications are
 1136  received.
 1137         Section 22. Subsections (4), (5), and (11) of section
 1138  376.30781, Florida Statutes, are amended to read:
 1139         376.30781 Tax credits for rehabilitation of drycleaning
 1140  solvent-contaminated sites and brownfield sites in designated
 1141  brownfield areas; application process; rulemaking authority;
 1142  revocation authority.—
 1143         (4) The Department of Environmental Protection is
 1144  responsible for allocating the tax credits provided for in s.
 1145  220.1845, which may not exceed a total of $21.6 million in tax
 1146  credits in the 2015-2016 fiscal year and $5 million in tax
 1147  credits annually thereafter.
 1148         (5) To claim the credit for site rehabilitation or solid
 1149  waste removal, each tax credit applicant must apply to the
 1150  Department of Environmental Protection for an allocation of the
 1151  $5 million annual credit provided in s. 220.1845 by filing a tax
 1152  credit application with the Division of Waste Management on a
 1153  form developed by the Department of Environmental Protection in
 1154  cooperation with the Department of Revenue. The form shall
 1155  include an affidavit from each tax credit applicant certifying
 1156  that all information contained in the application, including all
 1157  records of costs incurred and claimed in the tax credit
 1158  application, are true and correct. If the application is
 1159  submitted pursuant to subparagraph (3)(a)2., the form must
 1160  include an affidavit signed by the real property owner stating
 1161  that it is not, and has never been, the owner or operator of the
 1162  drycleaning facility where the contamination exists. Approval of
 1163  tax credits must be accomplished on a first-come, first-served
 1164  basis based upon the date and time complete applications are
 1165  received by the Division of Waste Management, subject to the
 1166  limitations of subsection (14). To be eligible for a tax credit,
 1167  the tax credit applicant must:
 1168         (a) For site rehabilitation tax credits, have entered into
 1169  a voluntary cleanup agreement with the Department of
 1170  Environmental Protection for a drycleaning-solvent-contaminated
 1171  site or a Brownfield Site Rehabilitation Agreement, as
 1172  applicable, and have paid all deductibles pursuant to s.
 1173  376.3078(3)(e) for eligible drycleaning-solvent-cleanup program
 1174  sites, as applicable. A site rehabilitation tax credit applicant
 1175  must submit only a single completed application per site for
 1176  each calendar year’s site rehabilitation costs. A site
 1177  rehabilitation application must be received by the Division of
 1178  Waste Management of the Department of Environmental Protection
 1179  by January 31 of the year after the calendar year for which site
 1180  rehabilitation costs are being claimed in a tax credit
 1181  application. All site rehabilitation costs claimed must have
 1182  been for work conducted between January 1 and December 31 of the
 1183  year for which the application is being submitted. All payment
 1184  requests must have been received and all costs must have been
 1185  paid prior to submittal of the tax credit application, but no
 1186  later than January 31 of the year after the calendar year for
 1187  which site rehabilitation costs are being claimed.
 1188         (b) For solid waste removal tax credits, have entered into
 1189  a brownfield site rehabilitation agreement with the Department
 1190  of Environmental Protection. A solid waste removal tax credit
 1191  applicant must submit only a single complete application per
 1192  brownfield site, as defined in the brownfield site
 1193  rehabilitation agreement, for solid waste removal costs. A solid
 1194  waste removal tax credit application must be received by the
 1195  Division of Waste Management of the Department of Environmental
 1196  Protection subsequent to the completion of the requirements
 1197  listed in paragraph (3)(e).
 1198         (11) If a tax credit applicant does not receive a tax
 1199  credit allocation due to an exhaustion of the $5 million annual
 1200  tax credit provided in s. 220.1845 authorization, such
 1201  application will then be included in the same first-come, first
 1202  served order in the next year’s annual tax credit allocation, if
 1203  any, based on the prior year application.
 1204         Section 23. Subsection (8) of section 624.509, Florida
 1205  Statutes, is amended to read:
 1206         624.509 Premium tax; rate and computation.—
 1207         (8) The premium tax authorized by this section may not be
 1208  imposed on:
 1209         (a) Any portion of the title insurance premium, as defined
 1210  in s. 627.7711, retained by a title insurance agent or agency.
 1211  It is the intent of the Legislature that the continuation of
 1212  this exemption be contingent on title insurers adding employees
 1213  to their payroll. Between July 1, 2014, and July 1, 2016, title
 1214  insurers currently holding a valid certificate of authority from
 1215  this state shall, in the aggregate, add a minimum of 600
 1216  Florida-based employees to their payroll, as verified by the
 1217  Department of Economic Opportunity. The department shall submit
 1218  such verification to the President of the Senate and the Speaker
 1219  of the House of Representatives by October 1, 2016. This
 1220  paragraph expires December 31, 2017, unless reenacted by the
 1221  Department of Economic Opportunity determines that title
 1222  insurers holding a valid certificate of authority as of July 1,
 1223  2014, have added, in aggregate, at least 600 Florida-based full
 1224  time equivalent positions above those existing on July 1, 2014,
 1225  including positions obtained from a temporary employment agency
 1226  or employee leasing company or through a union agreement or
 1227  coemployment under a professional employer organization
 1228  agreement by July 1, 2017. For purposes of this paragraph, the
 1229  term full-time equivalent position means a position in which
 1230  the employee works an average of at least 36 hours per week each
 1231  month.
 1232         1. The Department of Economic Opportunity may verify
 1233  information provided by title insurers concerning additional
 1234  positions created with any appropriate agency or authority,
 1235  including the Department of Revenue.
 1236         2. To facilitate verification of additional positions
 1237  created by title insurers, the Department of Economic
 1238  Opportunity may provide a list of employees holding additional
 1239  positions created by title insurers to any appropriate agency or
 1240  authority, including the Department of Revenue.
 1241         3. The Department of Economic Opportunity shall submit such
 1242  determination to the President of the Senate, the Speaker of the
 1243  House of Representatives, and the Department of Revenue by
 1244  October 1, 2017. Legislature before that date; or
 1245         (b) Receipts of annuity premiums or considerations paid by
 1246  holders in this state if the tax savings derived are credited to
 1247  the annuity holders. Upon request by the Department of Revenue,
 1248  an insurer availing itself of this provision shall submit to the
 1249  department evidence that establishes that the tax savings
 1250  derived have been credited to annuity holders. As used in this
 1251  paragraph, the term “holders” includes employers contributing to
 1252  an employee’s pension, annuity, or profit-sharing plan.
 1253         Section 24. Paragraph (c) of subsection (1), paragraphs (d)
 1254  and (e) of subsection (2), and subsection (6) of section
 1255  624.5105, Florida Statutes, are amended to read:
 1256         624.5105 Community contribution tax credit; authorization;
 1257  limitations; eligibility and application requirements;
 1258  administration; definitions; expiration.—
 1259         (1) AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.—
 1260         (c) The total amount of tax credit which may be granted for
 1261  all programs approved under this section and ss. 212.08(5)(p)
 1262  and 220.183 is $18.4 million in the 2015-2016 fiscal year, $21.4
 1263  million in the 2016-2017 fiscal year, and $21.4 million in the
 1264  2017-2018 fiscal year annually for projects that provide housing
 1265  opportunities for persons with special needs as defined in s.
 1266  420.0004 or homeownership opportunities for low-income or very
 1267  low-income households as defined in s. 420.9071 and $3.5 million
 1268  annually for all other projects.
 1269         (2) ELIGIBILITY REQUIREMENTS.—
 1270         (d) The project shall be located in an area that was
 1271  designated as an enterprise zone pursuant to chapter 290 as of
 1272  May 1, 2015, or a Front Porch Community. Any project designed to
 1273  provide housing opportunities for persons with special needs as
 1274  defined in s. 420.0004 or to construct or rehabilitate housing
 1275  for low-income or very-low-income households as defined in s.
 1276  420.9071(19) and (28) is exempt from the area requirement of
 1277  this paragraph.
 1278         (e)1. If, during the first 10 business days of the state
 1279  fiscal year, eligible tax credit applications for projects that
 1280  provide housing opportunities for persons with special needs as
 1281  defined in s. 420.0004 or homeownership opportunities for low
 1282  income or very-low-income households as defined in s.
 1283  420.9071(19) and (28) are received for less than the annual tax
 1284  credits available for those projects, the Department of Economic
 1285  Opportunity shall grant tax credits for those applications and
 1286  shall grant remaining tax credits on a first-come, first-served
 1287  basis for any subsequent eligible applications received before
 1288  the end of the state fiscal year. If, during the first 10
 1289  business days of the state fiscal year, eligible tax credit
 1290  applications for projects that provide housing opportunities for
 1291  persons with special needs as defined in s. 420.0004 or
 1292  homeownership opportunities for low-income or very-low-income
 1293  households as defined in s. 420.9071(19) and (28) are received
 1294  for more than the annual tax credits available for those
 1295  projects, the Department of Economic Opportunity shall grant the
 1296  tax credits for those applications as follows:
 1297         a. If tax credit applications submitted for approved
 1298  projects of an eligible sponsor do not exceed $200,000 in total,
 1299  the credits shall be granted in full if the tax credit
 1300  applications are approved.
 1301         b. If tax credit applications submitted for approved
 1302  projects of an eligible sponsor exceed $200,000 in total, the
 1303  amount of tax credits granted under sub-subparagraph a. shall be
 1304  subtracted from the amount of available tax credits, and the
 1305  remaining credits shall be granted to each approved tax credit
 1306  application on a pro rata basis.
 1307         2. If, during the first 10 business days of the state
 1308  fiscal year, eligible tax credit applications for projects other
 1309  than those that provide housing opportunities for persons with
 1310  special needs as defined in s. 420.0004 or homeownership
 1311  opportunities for low-income or very-low-income households as
 1312  defined in s. 420.9071(19) and (28) are received for less than
 1313  the annual tax credits available for those projects, the
 1314  Department of Economic Opportunity shall grant tax credits for
 1315  those applications and shall grant remaining tax credits on a
 1316  first-come, first-served basis for any subsequent eligible
 1317  applications received before the end of the state fiscal year.
 1318  If, during the first 10 business days of the state fiscal year,
 1319  eligible tax credit applications for projects other than those
 1320  that provide housing opportunities for persons with special
 1321  needs as defined in s. 420.0004 or homeownership opportunities
 1322  for low-income or very-low-income households as defined in s.
 1323  420.9071(19) and (28) are received for more than the annual tax
 1324  credits available for those projects, the Department of Economic
 1325  Opportunity shall grant the tax credits for those applications
 1326  on a pro rata basis.
 1327         (6) EXPIRATION.—The provisions of this section, except
 1328  paragraph (1)(e), expire and are void on June 30, 2018 2016.
 1329         Section 25. For the purpose of incorporating the amendment
 1330  made by this act to section 220.183, Florida Statutes, in a
 1331  reference thereto, subsection (8) of section 220.02, Florida
 1332  Statutes, is reenacted to read:
 1333         220.02 Legislative intent.—
 1334         (8) It is the intent of the Legislature that credits
 1335  against either the corporate income tax or the franchise tax be
 1336  applied in the following order: those enumerated in s. 631.828,
 1337  those enumerated in s. 220.191, those enumerated in s. 220.181,
 1338  those enumerated in s. 220.183, those enumerated in s. 220.182,
 1339  those enumerated in s. 220.1895, those enumerated in s. 220.195,
 1340  those enumerated in s. 220.184, those enumerated in s. 220.186,
 1341  those enumerated in s. 220.1845, those enumerated in s. 220.19,
 1342  those enumerated in s. 220.185, those enumerated in s. 220.1875,
 1343  those enumerated in s. 220.192, those enumerated in s. 220.193,
 1344  those enumerated in s. 288.9916, those enumerated in s.
 1345  220.1899, those enumerated in s. 220.194, and those enumerated
 1346  in s. 220.196.
 1347         Section 26. For the purpose of incorporating the amendment
 1348  made by this act to section 624.5105, Florida Statutes, in a
 1349  reference thereto, paragraph (g) of subsection (1) of section
 1350  220.183, Florida Statutes, is reenacted to read:
 1351         220.183 Community contribution tax credit.—
 1352         (1) AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX
 1353  CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM
 1354  SPENDING.—
 1355         (g) A taxpayer who is eligible to receive the credit
 1356  provided for in s. 624.5105 is not eligible to receive the
 1357  credit provided by this section.
 1358         Section 27. For the purpose of incorporating the amendments
 1359  made by this act to sections 212.08, 220.183, and 624.5105,
 1360  Florida Statutes, in references thereto, paragraph (a) of
 1361  subsection (4) of section 377.809, Florida Statutes, is
 1362  reenacted to read:
 1363         377.809 Energy Economic Zone Pilot Program.—
 1364         (4)(a) Beginning July 1, 2012, all the incentives and
 1365  benefits provided for enterprise zones pursuant to state law
 1366  shall be available to the energy economic zones designated
 1367  pursuant to this section on or before July 1, 2010. In order to
 1368  provide incentives, by March 1, 2012, each local governing body
 1369  that has jurisdiction over an energy economic zone must, by
 1370  local ordinance, establish the boundary of the energy economic
 1371  zone, specify applicable energy-efficiency standards, and
 1372  determine eligibility criteria for the application of state and
 1373  local incentives and benefits in the energy economic zone.
 1374  However, in order to receive benefits provided under s. 288.106,
 1375  a business must be a qualified target industry business under s.
 1376  288.106 for state purposes. An energy economic zone’s boundary
 1377  may be revised by local ordinance. Such incentives and benefits
 1378  include those in ss. 212.08, 212.096, 220.181, 220.182, 220.183,
 1379  288.106, and 624.5105 and the public utility discounts provided
 1380  in s. 290.007(8). The exemption provided in s. 212.08(5)(c)
 1381  shall be for renewable energy as defined in s. 377.803. For
 1382  purposes of this section, any applicable requirements for
 1383  employee residency for higher refund or credit thresholds must
 1384  be based on employee residency in the energy economic zone or an
 1385  enterprise zone. A business in an energy economic zone may also
 1386  be eligible for funding under ss. 288.047 and 445.003, and a
 1387  transportation project in an energy economic zone shall be
 1388  provided priority in funding under s. 339.2821. Other projects
 1389  shall be given priority ranking to the extent practicable for
 1390  grants administered under state energy programs.
 1391         Section 28. Clothes, school supplies, and personal
 1392  computers and personal computer-related accessories sales tax
 1393  holiday.—
 1394         (1) The tax levied under chapter 212, Florida Statutes, may
 1395  not be collected during the period from 12:01 a.m. on August 7,
 1396  2015, through 11:59 p.m. on August 16, 2015, on the retail sale
 1397  of:
 1398         (a) Clothing, wallets, or bags, including handbags,
 1399  backpacks, fanny packs, and diaper bags, but excluding
 1400  briefcases, suitcases, and other garment bags, having a sales
 1401  price of $100 or less per item. As used in this paragraph, the
 1402  term “clothing” means:
 1403         1. Any article of wearing apparel intended to be worn on or
 1404  about the human body, excluding watches, watchbands, jewelry,
 1405  umbrellas, and handkerchiefs; and
 1406         2. All footwear, excluding skis, swim fins, roller blades,
 1407  and skates.
 1408         (b) School supplies having a sales price of $15 or less per
 1409  item. As used in this paragraph, the term “school supplies”
 1410  means pens, pencils, erasers, crayons, notebooks, notebook
 1411  filler paper, legal pads, binders, lunch boxes, construction
 1412  paper, markers, folders, poster board, composition books, poster
 1413  paper, scissors, cellophane tape, glue or paste, rulers,
 1414  computer disks, protractors, compasses, and calculators.
 1415         (2) The tax levied under chapter 212, Florida
 1416  Statutes, may not be collected during the period from 12:01 a.m.
 1417  on August 7, 2015, through 11:59 p.m. on August 16, 2015, on the
 1418  first $750 of the sales price of personal computers or personal
 1419  computer-related accessories purchased for noncommercial home or
 1420  personal use. As used in this subsection, the term:
 1421         (a) “Personal computers” includes electronic book readers,
 1422  laptops, desktops, handhelds, tablets, or tower computers. The
 1423  term does not include cellular telephones, video game consoles,
 1424  digital media receivers, or devices that are not primarily
 1425  designed to process data.
 1426         (b) “Personal computer-related accessories” includes
 1427  keyboards, mice, personal digital assistants, monitors, other
 1428  peripheral devices, modems, routers, and nonrecreational
 1429  software, regardless of whether the accessories are used in
 1430  association with a personal computer base unit. The term does
 1431  not include furniture or systems, devices, software, or
 1432  peripherals that are designed or intended primarily for
 1433  recreational use.
 1434         (c) “Monitors” does not include devices that include a
 1435  television tuner.
 1436         (3) The tax exemptions provided in this section do not
 1437  apply to sales within a theme park or entertainment complex as
 1438  defined in s. 509.013(9), Florida Statutes, within a public
 1439  lodging establishment as defined in s. 509.013(4), Florida
 1440  Statutes, or within an airport as defined in s. 330.27(2),
 1441  Florida Statutes.
 1442         (4) The Department of Revenue may, and all conditions are
 1443  deemed met to, adopt emergency rules pursuant to ss. 120.536(1)
 1444  and 120.54, Florida Statutes, to administer this section.
 1445         (5) For the 2015-2016 fiscal year, the sum of $233,730 in
 1446  nonrecurring funds is appropriated from the General Revenue Fund
 1447  to the Department of Revenue for the purpose of implementing
 1448  this section.
 1449         Section 29. (1) The tax levied under chapter 212, Florida
 1450  Statutes, may not be collected on the retail sale of textbooks
 1451  that are required or recommended for use in a course offered by
 1452  a public postsecondary educational institution as described in
 1453  s. 1000.04, Florida Statutes, or a nonpublic postsecondary
 1454  educational institution that is eligible to participate in a
 1455  tuition assistance program authorized by s. 1009.89 or s.
 1456  1009.891, Florida Statutes. As used in this section, the term
 1457  “textbook” means any required or recommended manual of
 1458  instruction or any instructional materials for any field of
 1459  study. As used in this section, the term “instructional
 1460  materials” means any educational materials, in printed or
 1461  digital format, that are required or recommended for use in a
 1462  course in any field of study. To demonstrate that a sale is not
 1463  subject to tax, the student must provide a physical or an
 1464  electronic copy of the following to the vendor:
 1465         (a) The student’s identification number; and
 1466         (b) An applicable course syllabus or list of required and
 1467  recommended textbooks and instructional materials that meet the
 1468  criteria in s. 1004.085(3), Florida Statutes.
 1469  
 1470  The vendor must maintain proper documentation, as prescribed by
 1471  department rule, to identify the complete transaction or portion
 1472  of the transaction that involves the sale of textbooks that are
 1473  not subject to tax.
 1474         (2) The tax exemptions provided in this section do not
 1475  apply to sales within a theme park or entertainment complex as
 1476  defined in s. 509.013(9), Florida Statutes, within a public
 1477  lodging establishment as defined in s. 509.013(4), Florida
 1478  Statutes, or within an airport as defined in s. 330.27(2),
 1479  Florida Statutes.
 1480         (3) The Department of Revenue may, and all conditions are
 1481  deemed met to, adopt emergency rules pursuant to ss. 120.536(1)
 1482  and 120.54, Florida Statutes, to administer this section.
 1483         (4)This section is repealed June 30, 2016.
 1484         Section 30. (1)A business may apply to the Department of
 1485  Economic Opportunity for the incentives specified in subsection
 1486  (2) if each of the following criteria is satisfied:
 1487         (a)The business has entered into a contract with the
 1488  Department of Economic Opportunity for a project under ss.
 1489  288.0659, 288.1045, 288.106, 288.107, 288.108, 288.1088, or
 1490  288.1089, Florida Statutes, between January 1, 2012, and July 1,
 1491  2015.
 1492         (b)The contract is deemed active by the Department of
 1493  Economic Opportunity and has not expired or been terminated.
 1494         (c)The project that is the subject of the contract is
 1495  located within the boundaries of an enterprise zone designated
 1496  pursuant to chapter 290, Florida Statutes, as the boundaries
 1497  existed on May 1, 2015.
 1498         (2)For a project described under paragraph (1)(c), a
 1499  business qualified under subsection (1) may apply for the
 1500  following incentives:
 1501         (a)The property tax exemption for a licensed child care
 1502  facility under s. 196.095, Florida Statutes 2014.
 1503         (b) The building sales tax refund under s. 212.08(5)(g),
 1504  Florida Statutes 2014.
 1505         (c) The business property sales tax refund under s.
 1506  212.08(5)(h), Florida Statutes 2014.
 1507         (d) The electrical energy sales tax exemption under s.
 1508  212.08(15), Florida Statutes 2014.
 1509         (e) The enterprise zone jobs tax credit under s. 212.096,
 1510  Florida Statutes 2014.
 1511         (f) The enterprise zone jobs tax credit under s. 220.181,
 1512  Florida Statutes 2014.
 1513         (g) The enterprise zone property tax credit under s.
 1514  220.182, Florida Statutes 2014.
 1515         (3) The Department of Economic Opportunity must provide a
 1516  list of businesses that are qualified under subsection (1) to
 1517  the Department of Revenue by December 31, 2015. The Department
 1518  of Economic Opportunity must also provide notice to the
 1519  Department of Revenue within 10 days after the expiration or
 1520  termination of a contract.
 1521         (4) From January 1, 2016, to December 31, 2018, the
 1522  Department of Economic Opportunity is designated to perform all
 1523  the duties and responsibilities that were performed by the
 1524  governing body or enterprise zone development agency having
 1525  jurisdiction over the enterprise zone under ss. 196.095,
 1526  212.08(5)(g) and (h), 212.08(15), 212.096, 220.181, and 220.182,
 1527  Florida Statutes 2014, including receipt and review of
 1528  applications and verifications.
 1529         (5) The incentives described in subsection (2) are to be
 1530  treated as if they had not expired on December 31, 2015.
 1531         (6) This section is effective January 1, 2016, and expires
 1532  on December 31, 2018.
 1533         Section 31. For the 2015-2016 fiscal year, the sum of
 1534  $44,060 in nonrecurring funds is appropriated from the General
 1535  Revenue Fund to the Department of Revenue for the purpose of
 1536  implementing the amendments made by this act to chapter 202,
 1537  Florida Statutes, and s. 203.001, Florida Statutes.
 1538         Section 32. If any law amended by this act was also amended
 1539  by a law enacted during the 2015 Regular Session of the
 1540  Legislature, such laws shall be construed as if enacted during
 1541  the same session of the Legislature, and full effect shall be
 1542  given to each if possible.
 1543         Section 33. Except as otherwise expressly provided in this
 1544  act and except for this section, which shall take effect upon
 1545  this act becoming a law, this act shall take effect July 1,
 1546  2015.
 1547  
 1548  ================= T I T L E  A M E N D M E N T ================
 1549  And the title is amended as follows:
 1550         Delete everything before the enacting clause
 1551  and insert:
 1552                        A bill to be entitled                      
 1553         An act relating to taxation; amending s. 193.0235,
 1554         F.S.; revising the definition of the term “common
 1555         element” for purposes of prorating ad valorem taxes
 1556         for certain properties under certain circumstances;
 1557         amending s. 202.12, F.S.; reducing the tax rates
 1558         applied to the sale of communications services and the
 1559         retail sale of direct-to-home satellite services;
 1560         amending s. 202.12001, F.S.; conforming rates to the
 1561         reduction of the communications services tax; amending
 1562         s. 202.18, F.S.; revising the allocation of tax
 1563         revenues received from the communications services
 1564         tax; amending s. 202.27, F.S.; authorizing dealers of
 1565         communications services to elect to use an
 1566         alternative-period basis for filing and remitting
 1567         communications services taxes; defining the term
 1568         “alternate-period basis”; specifying requirements for
 1569         the election; amending s. 202.28, F.S.; limiting the
 1570         disallowance of the collection allowance under
 1571         specified circumstances; providing that specified
 1572         provisions of the act are remedial, apply
 1573         retroactively, and do not provide a basis for certain
 1574         assessments or create a right to certain refunds or
 1575         credits; specifying that communication sales tax
 1576         returns filed before a certain date are deemed to have
 1577         been filed pursuant to a specified provision of the
 1578         act; amending s. 203.001, F.S.; conforming rates to
 1579         the reduction of the communications services tax;
 1580         providing applicability for certain provisions of the
 1581         act; amending s. 206.9825, F.S.; providing an aviation
 1582         fuel tax exemption and authorizing a refund of such
 1583         taxes paid for certain colleges and universities that
 1584         offer graduate programs in aeronautical or aerospace
 1585         engineering or flight training and certain wholesalers
 1586         and terminal suppliers; amending s. 212.02, F.S.;
 1587         revising the definitions of the terms “livestock” and
 1588         “agricultural production”; amending s. 212.04, F.S.;
 1589         exempting from the sales and use tax admissions to and
 1590         membership fees for gun clubs; defining the term “gun
 1591         club”; amending s. 212.05, F.S.; limiting the amount
 1592         of tax that may be imposed and collected on each
 1593         repair of a boat; amending s. 212.08, F.S.; exempting
 1594         from the sales and use tax irrigation equipment,
 1595         replacement parts and accessories for power farm
 1596         equipment and irrigation equipment, certain trailers,
 1597         stakes used by farmers to support plants during
 1598         agricultural production, and certain motor vehicles
 1599         purchased by active members of the United States Armed
 1600         Forces or their spouses; specifying for certain fiscal
 1601         years the total amount of community contribution tax
 1602         credits which may be granted against the sales and use
 1603         tax for contributions made to eligible sponsors of
 1604         specified projects; expanding such tax credit to
 1605         include contributions made to eligible sponsors of
 1606         housing projects for persons with certain special
 1607         needs; defining terms; requiring enterprise zones to
 1608         have been designated as of a certain date for purposes
 1609         of such tax credit; extending the expiration date
 1610         applicable to the granting of such tax credit;
 1611         revising provisions related to the exemption of
 1612         prepaid meal plans at colleges and institutions of
 1613         higher learning; authorizing school support
 1614         organizations to pay tax to their suppliers on the
 1615         cost price of food, drink, and supplies purchased for
 1616         resale in lieu of collecting tax on their final sales;
 1617         authorizing the executive director of the Department
 1618         of Revenue to adopt emergency rules to implement
 1619         specified amendments made by the act; specifying the
 1620         duration of such rules; amending s. 212.20, F.S.;
 1621         revising the distributions of tax revenues received
 1622         from the sales and use tax, communications services
 1623         tax, and gross receipts tax; requiring communications
 1624         services dealers to provide credits by a specified
 1625         date to their customers for taxes collected in excess
 1626         of those authorized by certain provisions of the act;
 1627         specifying that a cause of action is not created if
 1628         such dealers are unable to provide the credits under
 1629         certain circumstances; authorizing such dealers to
 1630         take credits on their communications services tax
 1631         returns for certain amounts credited to their
 1632         customers; amending s. 220.03, F.S.; extending the
 1633         expiration date applicable to the definition of the
 1634         term “community contribution”; revising, and extending
 1635         the expiration date applicable to, the definition of
 1636         the term “project”; amending s. 220.183, F.S.;
 1637         specifying for certain fiscal years the total amount
 1638         of community contribution tax credits which may be
 1639         granted for contributions made to eligible sponsors of
 1640         specified projects; expanding such tax credit to
 1641         include contributions made to eligible sponsors of
 1642         housing projects for persons with certain special
 1643         needs; requiring enterprise zones to have been
 1644         designated as of a certain date for purposes of such
 1645         tax credit; extending the expiration date applicable
 1646         to the granting of such tax credit; amending s.
 1647         220.1845, F.S.; increasing the total amount of
 1648         contaminated site rehabilitation tax credits that may
 1649         be granted for 1 fiscal year; amending s. 220.196,
 1650         F.S.; revising eligibility requirements for certain
 1651         research and development tax credits for certain
 1652         business enterprises; increasing the total amount of
 1653         tax credits that may be granted to business
 1654         enterprises during a specified calendar year; revising
 1655         the deadline for the filing of an application for the
 1656         tax credit; providing for the proration of tax credits
 1657         under certain circumstances; amending s. 376.30781,
 1658         F.S.; increasing the total amount of tax credits for
 1659         the rehabilitation of drycleaning-solvent-contaminated
 1660         sites and brownfield sites in designated brownfield
 1661         areas which may be granted for 1 fiscal year;
 1662         conforming provisions to changes made by act; amending
 1663         s. 624.509, F.S.; requiring expiration by a specified
 1664         date of an exemption from the premium tax for any
 1665         portion of the title insurance premium retained by a
 1666         title insurance agent or agency unless the Department
 1667         of Economic Opportunity makes a specified
 1668         determination relating to certain increases in full
 1669         time equivalent positions by title insurers;
 1670         authorizing the department to verify certain
 1671         information provided by title insurers; requiring the
 1672         department to submit its determination to the
 1673         Legislature and the Department of Revenue by a certain
 1674         date; amending s. 624.5105, F.S.; specifying for
 1675         certain fiscal years the total amount of community
 1676         contribution tax credits which may be granted for
 1677         contributions made to eligible sponsors of specified
 1678         projects; expanding such tax credit to include
 1679         contributions made to eligible sponsors of housing
 1680         projects for persons with certain special needs;
 1681         requiring enterprise zones to have been designated as
 1682         of a certain date for purposes of such tax credit;
 1683         extending the expiration date applicable to the
 1684         granting of such tax credit; reenacting s. 220.02(8),
 1685         F.S., relating to legislative intent for the corporate
 1686         income tax code, to incorporate the amendment made by
 1687         the act to s. 220.183, F.S., in a reference thereto;
 1688         reenacting s. 220.183(1)(g), F.S., relating to the
 1689         community contribution tax credit, to incorporate
 1690         amendments made by the act to s. 624.5105, F.S., in
 1691         references thereto; reenacting s. 377.809(4)(a), F.S.,
 1692         relating to the Energy Economic Zone Pilot Program, to
 1693         incorporate amendments made by the act to ss. 212.08,
 1694         220.183, and 624.5105, F.S., in references thereto;
 1695         providing an exemption from the sales and use tax for
 1696         the retail sale of certain clothes, school supplies,
 1697         and personal computers and personal computer-related
 1698         accessories during a specified period; providing
 1699         exceptions to the exemption; authorizing the
 1700         Department of Revenue to adopt emergency rules;
 1701         providing an appropriation to the Department of
 1702         Revenue for administrative purposes; providing an
 1703         exemption from the sales and use tax for the retail
 1704         sale of certain textbooks; defining terms; providing
 1705         exceptions to the exemption; authorizing the
 1706         Department of Revenue to adopt emergency rules;
 1707         providing that businesses that enter into certain
 1708         contracts with the Department of Economic Opportunity
 1709         for certain economic development programs may apply
 1710         for specified tax exemptions, refunds, and credits for
 1711         certain projects; specifying the duties and
 1712         responsibilities of the Department of Economic
 1713         Opportunity; providing an appropriation to the
 1714         Department of Revenue to implement certain amendments
 1715         made by the act; providing for construction of the act
 1716         in pari materia with laws enacted during the 2015
 1717         Regular Session of the Legislature; providing
 1718         effective dates.