Florida Senate - 2017 SB 378
By Senator Flores
1 A bill to be entitled
2 An act relating to taxation; amending s. 202.12, F.S.;
3 revising the tax rates on the sales of certain
4 communications services and direct-to-home satellite
5 services; amending s. 202.12001, F.S.; conforming a
6 provision to changes made by the act; making a
7 technical change; amending s. 202.18, F.S.; revising
8 the allocation of proceeds from the communications
9 services tax on direct-to-home satellite services;
10 amending s. 203.001, F.S.; conforming a provision to
11 changes made by the act; making a technical change;
12 amending s. 212.20, F.S.; revising the distribution of
13 proceeds from certain sales and use taxes and
14 communications services taxes to specified trust
15 funds; specifying requirements and procedures for a
16 communications services dealer that is unable to
17 implement the reduction in communications services tax
18 rates by a specified date; providing construction;
19 providing applicability; authorizing the executive
20 director of the Department of Revenue to adopt
21 emergency rules; providing an expiration date;
22 amending s. 624.509, F.S.; deleting the credit against
23 the insurance premium tax which is based on the amount
24 paid in salaries to certain employees within this
25 state; conforming provisions to changes made by the
26 act; amending ss. 624.5091 and 624.51055, F.S.;
27 conforming provisions to changes made by the act;
28 providing applicability; providing effective dates.
30 Be It Enacted by the Legislature of the State of Florida:
32 Section 1. Effective July 1, 2017, paragraphs (a) and (b)
33 of subsection (1) of section 202.12, Florida Statutes, are
34 amended to read:
35 202.12 Sales of communications services.—The Legislature
36 finds that every person who engages in the business of selling
37 communications services at retail in this state is exercising a
38 taxable privilege. It is the intent of the Legislature that the
39 tax imposed by chapter 203 be administered as provided in this
41 (1) For the exercise of such privilege, a tax is levied on
42 each taxable transaction and is due and payable as follows:
43 (a) Except as otherwise provided in this subsection, at the
44 rate of 2.92
4.92 percent applied to the sales price of the
45 communications service that:
46 1. Originates and terminates in this state, or
47 2. Originates or terminates in this state and is charged to
48 a service address in this state,
50 when sold at retail, computed on each taxable sale for the
51 purpose of remitting the tax due. The gross receipts tax imposed
52 by chapter 203 shall be collected on the same taxable
53 transactions and remitted with the tax imposed by this
54 paragraph. If no tax is imposed by this paragraph due to the
55 exemption provided under s. 202.125(1), the tax imposed by
56 chapter 203 shall nevertheless be collected and remitted in the
57 manner and at the time prescribed for tax collections and
58 remittances under this chapter.
59 (b) At the rate of 7.07 9.07 percent applied to the retail
60 sales price of any direct-to-home satellite service received in
61 this state. The proceeds of the tax imposed under this paragraph
62 shall be accounted for and distributed in accordance with s.
63 202.18(2). The gross receipts tax imposed by chapter 203 shall
64 be collected on the same taxable transactions and remitted with
65 the tax imposed by this paragraph.
66 Section 2. Effective July 1, 2017, section 202.12001,
67 Florida Statutes, is amended to read:
68 202.12001 Combined rate for tax collected pursuant to ss.
69 202.12(1)(a) and 203.01(1)(b).—In complying with ss. 1-3, ch.
70 2010-149, Laws of Florida, the dealer of communications
71 communication services may collect a combined rate of 3.07 5.07
72 percent, composed of the 2.92 4.92 percent and 0.15 percent
73 rates required by ss. 202.12(1)(a) and 203.01(1)(b)3.,
74 respectively, if the provider properly reflects the tax
75 collected with respect to the two provisions as required in the
76 return to the department.
77 Section 3. Effective July 1, 2017, paragraph (b) of
78 subsection (2) of section 202.18, Florida Statutes, is amended
79 to read:
80 202.18 Allocation and disposition of tax proceeds.—The
81 proceeds of the communications services taxes remitted under
82 this chapter shall be treated as follows:
83 (2) The proceeds of the taxes remitted under s.
84 202.12(1)(b) shall be allocated as follows:
85 (b) Forty-three and four-tenths Fifty-five and nine-tenths
86 percent of the remainder shall be allocated to the state and
87 distributed pursuant to s. 212.20(6), except that the proceeds
88 allocated pursuant to s. 212.20(6)(d)2. shall be prorated to the
89 participating counties in the same proportion as that month’s
90 collection of the taxes and fees imposed pursuant to chapter 212
91 and paragraph (1)(b).
92 Section 4. Effective July 1, 2017, section 203.001, Florida
93 Statutes, is amended to read:
94 203.001 Combined rate for tax collected pursuant to ss.
95 202.12(1)(a) and 203.01(1)(b).—In complying with ss. 1-3, ch.
96 2010-149, Laws of Florida, the dealer of communications
97 communication services may collect a combined rate of 3.07 5.07
98 percent, composed of the 2.92 4.92 percent and 0.15 percent
99 rates required by ss. 202.12(1)(a) and 203.01(1)(b)3.,
100 respectively, if the provider properly reflects the tax
101 collected with respect to the two provisions as required in the
102 return to the Department of Revenue.
103 Section 5. Effective July 1, 2017, paragraph (d) of
104 subsection (6) of section 212.20, Florida Statutes, is amended
105 to read:
106 212.20 Funds collected, disposition; additional powers of
107 department; operational expense; refund of taxes adjudicated
108 unconstitutionally collected.—
109 (6) Distribution of all proceeds under this chapter and ss.
110 202.18(1)(b) and (2)(b) and 203.01(1)(a)3. is as follows:
111 (d) The proceeds of all other taxes and fees imposed
112 pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
113 and (2)(b) shall be distributed as follows:
114 1. In any fiscal year, the greater of $500 million, minus
115 an amount equal to 4.6 percent of the proceeds of the taxes
116 collected pursuant to chapter 201, or 5.2 percent of all other
117 taxes and fees imposed pursuant to this chapter or remitted
118 pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
119 monthly installments into the General Revenue Fund.
120 2. After the distribution under subparagraph 1., 9.0691
121 8.9744 percent of the amount remitted by a sales tax dealer
122 located within a participating county pursuant to s. 218.61
123 shall be transferred into the Local Government Half-cent Sales
124 Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
125 be transferred shall be reduced by 0.1 percent, and the
126 department shall distribute this amount to the Public Employees
127 Relations Commission Trust Fund less $5,000 each month, which
128 shall be added to the amount calculated in subparagraph 3. and
129 distributed accordingly.
130 3. After the distribution under subparagraphs 1. and 2.,
131 0.0976 0.0966 percent shall be transferred to the Local
132 Government Half-cent Sales Tax Clearing Trust Fund and
133 distributed pursuant to s. 218.65.
134 4. After the distributions under subparagraphs 1., 2., and
135 3., 2.1022 2.0810 percent of the available proceeds shall be
136 transferred monthly to the Revenue Sharing Trust Fund for
137 Counties pursuant to s. 218.215.
138 5. After the distributions under subparagraphs 1., 2., and
139 3., 1.3792 1.3653 percent of the available proceeds shall be
140 transferred monthly to the Revenue Sharing Trust Fund for
141 Municipalities pursuant to s. 218.215. If the total revenue to
142 be distributed pursuant to this subparagraph is at least as
143 great as the amount due from the Revenue Sharing Trust Fund for
144 Municipalities and the former Municipal Financial Assistance
145 Trust Fund in state fiscal year 1999-2000, no municipality shall
146 receive less than the amount due from the Revenue Sharing Trust
147 Fund for Municipalities and the former Municipal Financial
148 Assistance Trust Fund in state fiscal year 1999-2000. If the
149 total proceeds to be distributed are less than the amount
150 received in combination from the Revenue Sharing Trust Fund for
151 Municipalities and the former Municipal Financial Assistance
152 Trust Fund in state fiscal year 1999-2000, each municipality
153 shall receive an amount proportionate to the amount it was due
154 in state fiscal year 1999-2000.
155 6. Of the remaining proceeds:
156 a. In each fiscal year, the sum of $29,915,500 shall be
157 divided into as many equal parts as there are counties in the
158 state, and one part shall be distributed to each county. The
159 distribution among the several counties must begin each fiscal
160 year on or before January 5th and continue monthly for a total
161 of 4 months. If a local or special law required that any moneys
162 accruing to a county in fiscal year 1999-2000 under the then
163 existing provisions of s. 550.135 be paid directly to the
164 district school board, special district, or a municipal
165 government, such payment must continue until the local or
166 special law is amended or repealed. The state covenants with
167 holders of bonds or other instruments of indebtedness issued by
168 local governments, special districts, or district school boards
169 before July 1, 2000, that it is not the intent of this
170 subparagraph to adversely affect the rights of those holders or
171 relieve local governments, special districts, or district school
172 boards of the duty to meet their obligations as a result of
173 previous pledges or assignments or trusts entered into which
174 obligated funds received from the distribution to county
175 governments under then-existing s. 550.135. This distribution
176 specifically is in lieu of funds distributed under s. 550.135
177 before July 1, 2000.
178 b. The department shall distribute $166,667 monthly to each
179 applicant certified as a facility for a new or retained
180 professional sports franchise pursuant to s. 288.1162. Up to
181 $41,667 shall be distributed monthly by the department to each
182 certified applicant as defined in s. 288.11621 for a facility
183 for a spring training franchise. However, not more than $416,670
184 may be distributed monthly in the aggregate to all certified
185 applicants for facilities for spring training franchises.
186 Distributions begin 60 days after such certification and
187 continue for not more than 30 years, except as otherwise
188 provided in s. 288.11621. A certified applicant identified in
189 this sub-subparagraph may not receive more in distributions than
190 expended by the applicant for the public purposes provided in s.
191 288.1162(5) or s. 288.11621(3).
192 c. Beginning 30 days after notice by the Department of
193 Economic Opportunity to the Department of Revenue that an
194 applicant has been certified as the professional golf hall of
195 fame pursuant to s. 288.1168 and is open to the public, $166,667
196 shall be distributed monthly, for up to 300 months, to the
198 d. Beginning 30 days after notice by the Department of
199 Economic Opportunity to the Department of Revenue that the
200 applicant has been certified as the International Game Fish
201 Association World Center facility pursuant to s. 288.1169, and
202 the facility is open to the public, $83,333 shall be distributed
203 monthly, for up to 168 months, to the applicant. This
204 distribution is subject to reduction pursuant to s. 288.1169. A
205 lump sum payment of $999,996 shall be made after certification
206 and before July 1, 2000.
207 e. The department shall distribute up to $83,333 monthly to
208 each certified applicant as defined in s. 288.11631 for a
209 facility used by a single spring training franchise, or up to
210 $166,667 monthly to each certified applicant as defined in s.
211 288.11631 for a facility used by more than one spring training
212 franchise. Monthly distributions begin 60 days after such
213 certification or July 1, 2016, whichever is later, and continue
214 for not more than 20 years to each certified applicant as
215 defined in s. 288.11631 for a facility used by a single spring
216 training franchise or not more than 25 years to each certified
217 applicant as defined in s. 288.11631 for a facility used by more
218 than one spring training franchise. A certified applicant
219 identified in this sub-subparagraph may not receive more in
220 distributions than expended by the applicant for the public
221 purposes provided in s. 288.11631(3).
222 f. Beginning 45 days after notice by the Department of
223 Economic Opportunity to the Department of Revenue that an
224 applicant has been approved by the Legislature and certified by
225 the Department of Economic Opportunity under s. 288.11625 or
226 upon a date specified by the Department of Economic Opportunity
227 as provided under s. 288.11625(6)(d), the department shall
228 distribute each month an amount equal to one-twelfth of the
229 annual distribution amount certified by the Department of
230 Economic Opportunity for the applicant. The department may not
231 distribute more than $7 million in the 2014-2015 fiscal year or
232 more than $13 million annually thereafter under this sub
234 g. Beginning December 1, 2015, and ending June 30, 2016,
235 the department shall distribute $26,286 monthly to the State
236 Transportation Trust Fund. Beginning July 1, 2016, the
237 department shall distribute $15,333 monthly to the State
238 Transportation Trust Fund.
239 7. All other proceeds must remain in the General Revenue
241 Section 6. If a communications services dealer is unable to
242 implement the reduction in communications services tax rates
243 specified in s. 202.12(1)(a) and (b), Florida Statutes, as
244 amended by this act, by July 1, 2017, the dealer must remit all
245 taxes collected at the previous rate during the implementation
246 period to the Department of Revenue, and:
247 (1) Must begin collecting tax at the rates specified in s.
248 202.12(1)(a) and (b), Florida Statutes, as amended by this act,
249 by October 1, 2017.
250 (2) Must credit each customer the amount of any tax
251 collected on bills dated on or after July 1, 2017, which exceeds
252 the tax due under s. 202.12(a) and (b), Florida Statutes, as
253 amended by this act. Such credit must be provided to each
254 affected customer’s account by March 1, 2018. The inability of a
255 communications services provider to provide a credit to a
256 customer’s account due to the customer’s termination of services
257 does not create a cause of action against the provider.
258 (3) May take a credit on its communications services tax
259 return for the amounts that have been credited to customers.
260 Section 7. The amendments made by this act to ss.
261 202.12(1), 202.12001, and 203.001, Florida Statutes, apply to
262 taxable communications services transactions on bills dated on
263 or after July 1, 2017.
264 Section 8. (1) The executive director of the Department of
265 Revenue is authorized, and all conditions are deemed to be met,
266 to adopt emergency rules pursuant to s. 120.54(4), Florida
267 Statutes, for the purpose of implementing the amendments made by
268 this act to s. 202.12, Florida Statutes.
269 (2) Notwithstanding any other provision of law, emergency
270 rules adopted pursuant to subsection (1) are effective for 6
271 months after adoption and may be renewed during the pendency of
272 procedures to adopt permanent rules addressing the subject of
273 the emergency rules.
274 (3) This section expires July 1, 2020.
275 Section 9. Subsections (5) through (9) of section 624.509,
276 Florida Statutes, are amended to read:
277 624.509 Premium tax; rate and computation.—
278 (5)(a)1. There shall be allowed a credit against the net
279 tax imposed by this section equal to 15 percent of the amount
280 paid by an insurer in salaries to employees located or based
281 within this state and who are covered by the provisions of
282 chapter 443.
283 2. As an alternative to the credit allowed in subparagraph
284 1., an affiliated group of corporations which includes at least
285 one insurance company writing premiums in Florida may elect to
286 take a credit against the net tax imposed by this section in an
287 amount that may not exceed 15 percent of the salary of the
288 employees of the affiliated group of corporations who perform
289 insurance-related activities, are located or based within this
290 state, and are covered by chapter 443. For purposes of this
291 subparagraph, the term “affiliated group of corporations” means
292 two or more corporations that are entirely owned directly or
293 indirectly by a single corporation and that constitute an
294 affiliated group as defined in s. 1504(a) of the Internal
295 Revenue Code. The amount of credit allowed under this
296 subparagraph is limited to the combined Florida salary tax
297 credits allowed for all insurance companies that were members of
298 the affiliated group of corporations for the tax year ending
299 December 31, 2002, divided by the combined Florida taxable
300 premiums written by all insurance companies that were members of
301 the affiliated group of corporations for the tax year ending
302 December 31, 2002, multiplied by the combined Florida taxable
303 premiums of the affiliated group of corporations for the current
304 year. An affiliated group of corporations electing this
305 alternative calculation method must make such election on or
306 before August 1, 2005. The election of this alternative
307 calculation method is irrevocable and binding upon successors
308 and assigns of the affiliated group of corporations electing
309 this alternative. However, if a member of an affiliated group of
310 corporations acquires or merges with another insurance company
311 after the date of the irrevocable election, the acquired or
312 merged company is not entitled to the affiliated group election
313 and shall only be entitled to calculate the tax credit under
314 subparagraph 1.
316 In no event shall the salary paid to an employee by an
317 affiliated group of corporations be claimed as a credit by more
318 than one insurer or be counted more than once in an insurer’s
319 calculation of the credit as described in subparagraph 1. or
320 subparagraph 2. Only the portion of an employee’s salary paid
321 for the performance of insurance-related activities may be
322 included in the calculation of the premium tax credit in this
324 (b) For purposes of this subsection:
325 1. The term “salaries” does not include amounts paid as
327 2. The term “employees” does not include independent
328 contractors or any person whose duties require that the person
329 hold a valid license under the Florida Insurance Code, except
330 adjusters, managing general agents, and service representatives,
331 as defined in s. 626.015.
332 3. The term “net tax” means the tax imposed by this section
333 after applying the calculations and credits set forth in
334 subsection (4).
335 4. An affiliated group of corporations that created a
336 service company within its affiliated group on July 30, 2002,
337 shall allocate the salary of each service company employee
338 covered by contracts with affiliated group members to the
339 companies for which the employees perform services. The salary
340 allocation is based on the amount of time during the tax year
341 that the individual employee spends performing services or
342 otherwise working for each company over the total amount of time
343 the employee spends performing services or otherwise working for
344 all companies. The total amount of salary allocated to an
345 insurance company within the affiliated group shall be included
346 as that insurer’s employee salaries for purposes of this
348 a. Except as provided in subparagraph (a)2., the term
349 “affiliated group of corporations” means two or more
350 corporations that are entirely owned by a single corporation and
351 that constitute an affiliated group of corporations as defined
352 in s. 1504(a) of the Internal Revenue Code.
353 b. The term “service company” means a separate corporation
354 within the affiliated group of corporations whose employees
355 provide services to affiliated group members and which are
356 treated as service company employees for reemployment assistance
357 or unemployment compensation and common law purposes. The
358 holding company of an affiliated group may not qualify as a
359 service company. An insurance company may not qualify as a
360 service company.
361 c. If an insurance company fails to substantiate, whether
362 by means of adequate records or otherwise, its eligibility to
363 claim the service company exception under this section, or its
364 salary allocation under this section, no credit shall be
366 5. A service company that is a subsidiary of a mutual
367 insurance holding company, which mutual insurance holding
368 company was in existence on or before January 1, 2000, shall
369 allocate the salary of each service company employee covered by
370 contracts with members of the mutual insurance holding company
371 system to the companies for which the employees perform
372 services. The salary allocation is based on the ratio of the
373 amount of time during the tax year which the individual employee
374 spends performing services or otherwise working for each company
375 to the total amount of time the employee spends performing
376 services or otherwise working for all companies. The total
377 amount of salary allocated to an insurance company within the
378 mutual insurance holding company system shall be included as
379 that insurer’s employee salaries for purposes of this section.
380 However, this subparagraph does not apply for any tax year
381 unless funds sufficient to offset the anticipated salary credits
382 have been appropriated to the General Revenue Fund prior to the
383 due date of the final return for that year.
384 a. The term “mutual insurance holding company system” means
385 two or more corporations that are subsidiaries of a mutual
386 insurance holding company and in compliance with part IV of
387 chapter 628.
388 b. The term “service company” means a separate corporation
389 within the mutual insurance holding company system whose
390 employees provide services to other members of the mutual
391 insurance holding company system and are treated as service
392 company employees for reemployment assistance or unemployment
393 compensation and common-law purposes. The mutual insurance
394 holding company may not qualify as a service company.
395 c. If an insurance company fails to substantiate, whether
396 by means of adequate records or otherwise, its eligibility to
397 claim the service company exception under this section, or its
398 salary allocation under this section, no credit shall be
400 (c) The department may adopt rules pursuant to ss.
401 120.536(1) and 120.54 to administer this subsection.
402 (5) (6)(a) The total of the credit granted for the taxes
403 paid by the insurer under chapter 220 and the credit granted by
404 subsection (5) may not exceed 65 percent of the tax due under
405 subsection (1) after deducting therefrom the taxes paid by the
406 insurer under ss. 175.101 and 185.08 and any assessments
407 pursuant to s. 440.51.
408 (b) To the extent that any credits granted by subsection
409 (5) remain as a result of the limitation set forth in paragraph
410 (a), such excess credits related to salaries and wages of
411 employees whose place of employment is located within an
412 enterprise zone created pursuant to chapter 290 may be
413 transferred, in an aggregate amount not to exceed 25 percent of
414 such excess salary credits, to any insurer that is a member of
415 an affiliated group of corporations, as defined in sub
416 subparagraph (5)(b)4.a., that includes the original insurer
417 qualifying for the credits under subsection (5). The amount of
418 such excess credits to be transferred shall be calculated by
419 multiplying the amount of such excess credits by a fraction, the
420 numerator of which is the sum of the salaries qualifying for the
421 credit allowed by subsection (5) of employees whose place of
422 employment is located in an enterprise zone and the denominator
423 of which is the sum of the salaries qualifying for the credit
424 allowed by subsection (5). Any such transferred credits shall be
425 subject to the same provisions and limitations set forth within
426 part IV of this chapter. The provisions of this paragraph do not
427 apply to an affiliated group of corporations that participate in
428 a common paymaster arrangement as defined in s. 443.1216.
429 (6) (7) Credits and deductions against the tax imposed by
430 this section shall be taken in the following order: deductions
431 for assessments made pursuant to s. 440.51; credits for taxes
432 paid under ss. 175.101 and 185.08; credits for income taxes paid
433 under chapter 220 and the credit allowed under subsection (5),
434 as these credits are limited by subsection (5) (6); and all
435 other available credits and deductions.
436 (7) (8) The premium tax authorized by this section may not
437 be imposed on:
438 (a) Any portion of the title insurance premium, as defined
439 in s. 627.7711, retained by a title insurance agent or agency.
440 It is the intent of the Legislature that this exemption be
441 contingent on title insurers adding employees to their payroll.
442 This paragraph expires December 31, 2017, unless the Department
443 of Economic Opportunity determines that title insurers holding a
444 valid certificate of authority as of July 1, 2014, have added,
445 in aggregate, at least 600 Florida-based full-time equivalent
446 positions above those existing on July 1, 2014, including
447 positions obtained from a temporary employment agency or
448 employee leasing company or through a union agreement or
449 coemployment under a professional employer organization
450 agreement by July 1, 2017. For purposes of this paragraph, the
451 term “full-time equivalent position” means a position in which
452 the employee works an average of at least 36 hours per week each
454 1. The Department of Economic Opportunity may verify
455 information provided by title insurers concerning additional
456 positions created with any appropriate agency or authority,
457 including the Department of Revenue.
458 2. To facilitate verification of additional positions
459 created by title insurers, the Department of Economic
460 Opportunity may provide a list of employees holding additional
461 positions created by title insurers to any appropriate agency or
462 authority, including the Department of Revenue.
463 3. The Department of Economic Opportunity shall submit such
464 determination to the President of the Senate, the Speaker of the
465 House of Representatives, and the Department of Revenue by
466 October 1, 2017.
467 (b) Receipts of annuity premiums or considerations paid by
468 holders in this state if the tax savings derived are credited to
469 the annuity holders. Upon request by the Department of Revenue,
470 an insurer availing itself of this provision shall submit to the
471 department evidence that establishes that the tax savings
472 derived have been credited to annuity holders. As used in this
473 paragraph, the term “holders” includes employers contributing to
474 an employee’s pension, annuity, or profit-sharing plan.
475 (8) (9) As used in this section, “insurer” includes any
476 entity subject to the tax imposed by this section.
477 Section 10. Subsection (1) of section 624.5091, Florida
478 Statutes, is amended to read:
479 624.5091 Retaliatory provision, insurers.—
480 (1) (a) When by or pursuant to the laws of any other state
481 or foreign country any taxes, licenses, and other fees, in the
482 aggregate, and any fines, penalties, deposit requirements, or
483 other material obligations, prohibitions, or restrictions are or
484 would be imposed upon Florida insurers or upon the agents or
485 representatives of such insurers, which are in excess of such
486 taxes, licenses, and other fees, in the aggregate, or which are
487 in excess of the fines, penalties, deposit requirements, or
488 other obligations, prohibitions, or restrictions directly
489 imposed upon similar insurers, or upon the agents or
490 representatives of such insurers, of such other state or country
491 under the statutes of this state, so long as such laws of such
492 other state or country continue in force or are so applied, the
493 same taxes, licenses, and other fees, in the aggregate, or
494 fines, penalties, deposit requirements, or other material
495 obligations, prohibitions, or restrictions of whatever kind
496 shall be imposed by the Department of Revenue upon the insurers,
497 or upon the agents or representatives of such insurers, of such
498 other state or country doing business or seeking to do business
499 in this state. In determining the taxes to be imposed under this
500 section, 80 percent and a portion of the remaining 20 percent as
501 provided in paragraph (b) of the credit provided by s.
502 624.509(5), as limited by s. 624.509(6) and further determined
503 by s. 624.509(7), shall not be taken into consideration.
504 (b) As used in this subsection, the term “portion of the
505 remaining 20 percent” shall be calculated by multiplying the
506 remaining 20 percent by a fraction, the numerator of which is
507 the sum of the salaries qualifying for the credit allowed by s.
508 624.509(5) of employees whose place of employment is located in
509 an enterprise zone created pursuant to chapter 290 and the
510 denominator of which is the sum of the salaries qualifying for
511 the credit allowed by s. 624.509(5).
512 Section 11. Subsection (1) of section 624.51055, Florida
513 Statutes, is amended to read:
514 624.51055 Credit for contributions to eligible nonprofit
515 scholarship-funding organizations.—
516 (1) There is allowed a credit of 100 percent of an eligible
517 contribution made to an eligible nonprofit scholarship-funding
518 organization under s. 1002.395 against any tax due for a taxable
519 year under s. 624.509(1) after deducting from such tax
520 deductions for assessments made pursuant to s. 440.51; credits
521 for taxes paid under ss. 175.101 and 185.08; and credits for
522 income taxes paid under chapter 220 ; and the credit allowed
523 under s. 624.509(5), as such credit is limited by s. 624.509(5)
524 s. 624.509(6). An insurer claiming a credit against premium tax
525 liability under this section shall not be required to pay any
526 additional retaliatory tax levied pursuant to s. 624.5091 as a
527 result of claiming such credit. Section 624.5091 does not limit
528 such credit in any manner.
529 Section 12. The amendments made by this act to ss. 624.509,
530 624.5091, and 624.51055, Florida Statutes, apply to the tax
531 imposed on premiums received after December 31, 2016.
532 Section 13. Except as otherwise expressly provided in this
533 act, this act shall take effect upon becoming a law.