Florida Senate - 2022                             CS for SB 1310
       
       
        
       By the Committee on Finance and Tax; and Senator Rodriguez
       
       
       
       
       
       593-02695-22                                          20221310c1
    1                        A bill to be entitled                      
    2         An act relating to the Florida Main Street Program and
    3         historic preservation tax credits; creating s.
    4         220.197, F.S.; providing a short title; defining
    5         terms; specifying eligibility requirements for
    6         receiving specified tax credits for taxpayers that
    7         rehabilitate certified historic structures; specifying
    8         requirements for taxpayers claiming or transferring
    9         specified tax credits; specifying requirements for the
   10         Division of Historical Resources of the Department of
   11         State for evaluating and certifying applications for
   12         specified tax credits; specifying the amount of tax
   13         credits; providing construction; authorizing the
   14         carryforward, sale, and transfer of tax credits;
   15         providing the Department of Revenue and the division
   16         audit and examination powers for specified purposes
   17         related to certified rehabilitation expenses;
   18         requiring the return of forfeited tax credits under
   19         certain circumstances; providing penalties; requiring
   20         the Department of Revenue to provide specified annual
   21         reports to the Legislature; providing duties of the
   22         Department of Revenue; authorizing the Department of
   23         Revenue and the division to adopt rules; amending s.
   24         213.053, F.S.; authorizing the Department of Revenue
   25         and the Secretary of the Department of the Interior of
   26         the United States to make certain information
   27         available for specified purposes; amending s. 220.02,
   28         F.S.; revising the order in which tax credits against
   29         the corporate income tax credit or the franchise tax
   30         are applied; amending s. 220.13, F.S.; revising the
   31         definition of the term “adjusted federal income”;
   32         amending s. 624.509, F.S.; revising the order in which
   33         credits and deductions against the insurance premium
   34         tax are applied; authorizing the Department of Revenue
   35         to adopt emergency rules to implement certain
   36         provisions; providing for expiration of that
   37         authority; providing applicability; providing an
   38         effective date.
   39  
   40         WHEREAS, historic revitalization creates highly paid local
   41  construction jobs, and
   42         WHEREAS, historic rehabilitation increases the value of
   43  buildings and results in a growing state and local tax base, and
   44         WHEREAS, historic revitalization boosts heritage tourism
   45  and creates thriving downtowns that are attractive to main
   46  street businesses, and
   47         WHEREAS, reusing historic buildings creates affordable
   48  spaces for small business incubation, and
   49         WHEREAS, repurposing historic buildings saves resources and
   50  activates vacant spaces, and
   51         WHEREAS, historic rehabilitation projects leverage
   52  significant private investment, and
   53         WHEREAS, leveraging state tax incentives increases the
   54  effectiveness of federal Historic Preservation Tax Incentives
   55  and the Opportunity Zones Program to encourage the historic
   56  preservation of existing buildings, and
   57         WHEREAS, an increase in rehabilitation activity occurs when
   58  a state incentive is combined with federal Historic Preservation
   59  Tax Incentives, and
   60         WHEREAS, many historic buildings in this state need safety
   61  upgrades and other improvements that require both public and
   62  private investment to return these buildings as assets of their
   63  local communities, NOW, THEREFORE,
   64  
   65  Be It Enacted by the Legislature of the State of Florida:
   66  
   67         Section 1. Section 220.197, Florida Statutes, is created to
   68  read:
   69         220.197Main Street Historic Tourism and Revitalization
   70  Act; tax credits; reports.—
   71         (1)SHORT TITLE.—This act may be cited as the “Main Street
   72  Historic Tourism and Revitalization Act.”
   73         (2)DEFINITIONS.—As used in this section, the term:
   74         (a)“Accredited Main Street Program” means an active
   75  Florida Main Street Program or the Orlando Main Streets program,
   76  provided that such program meets the Main Street America
   77  accreditation standards. An Accredited Main Street Program must:
   78         1.Have broad-based community support for the commercial
   79  district revitalization process with strong support from the
   80  public and private sectors.
   81         2.Have a developed vision and mission statement relevant
   82  to community conditions and to Main Street America’s
   83  organizational stage.
   84         3.Have a comprehensive Main Street America work plan.
   85         4.Possess a historic preservation ethic.
   86         5.Have an active board of directors and committees.
   87         6.Have an adequate operating budget.
   88         7.Have a paid professional program manager.
   89         8.Conduct a program of ongoing training for staff and
   90  volunteers.
   91         9.Report key statistics.
   92         10.Be a current member of Main Street America.
   93         (b)“Certified historic structure” means a building and its
   94  structural components as defined in 36 C.F.R. s. 67.2 which is
   95  of a character subject to the allowance for depreciation
   96  provided in s. 167 of the Internal Revenue Code of 1986, as
   97  amended, and which is:
   98         1.Individually listed in the National Register of Historic
   99  Places; or
  100         2.Located within a registered historic district and
  101  certified by the United States Secretary of the Interior as
  102  being of historic significance to the registered historic
  103  district as set forth in 36 C.F.R. s. 67.2.
  104         (c)“Certified rehabilitation” means the rehabilitation of
  105  a certified historic structure that the United States Secretary
  106  of the Interior has certified to the United States Secretary of
  107  the Treasury as being consistent with the historic character of
  108  the certified historic structure and, if applicable, consistent
  109  with the registered historic district in which the certified
  110  historic structure is located as set forth in 36 C.F.R. s. 67.2.
  111         (d)“Division” means the Division of Historical Resources
  112  of the Department of State.
  113         (e)“Florida Main Street Program” means a statewide
  114  historic preservation-based downtown revitalization assistance
  115  program created, maintained, and administered by the division
  116  under s. 267.031(5).
  117         (f)“Local program area” means the specific geographic area
  118  in which an Accredited Main Street Program is conducted as
  119  approved and maintained by the division or in which the Orlando
  120  Main Streets program is conducted.
  121         (g) “Long-term leasehold” means a leasehold in a
  122  nonresidential real property for a term of 39 years or more or a
  123  leasehold in a residential real property for a term of 27.5
  124  years or more.
  125         (h)“Main Street America” means a national network of
  126  grassroots organizations revitalizing historic downtown areas
  127  under the leadership of the National Main Street Center, Inc., a
  128  subsidiary of the National Trust for Historic Preservation.
  129         (i)“National Register of Historic Places” means the list
  130  of historic properties significant in American history,
  131  architecture, archeology, engineering, and culture maintained by
  132  the United States Secretary of the Interior as authorized in 54
  133  U.S.C. s. 3021.
  134         (j)“Orlando Main Streets” means a historic preservation
  135  based district revitalization program administered by the City
  136  of Orlando.
  137         (k)“Qualified expenses” means rehabilitation expenditures
  138  qualifying for the credit under 26 U.S.C. s. 47 incurred in this
  139  state.
  140         (l)“Registered historic district” means a district listed
  141  in the National Register of Historic Places or a district:
  142         1.Designated under general law or local ordinance and
  143  certified by the United States Secretary of the Interior as
  144  meeting criteria that will substantially achieve the purposes of
  145  preserving and rehabilitating buildings of historic significance
  146  to the district; and
  147         2.Certified by the United States Secretary of the Interior
  148  as meeting substantially all of the requirements for listing a
  149  district in the National Register of Historic Places.
  150         (3)ELIGIBILITY FOR TAX CREDIT.—For taxable years beginning
  151  on or after January 1, 2023, there is allowed a credit against
  152  any tax due for a taxable year under this chapter after the
  153  application of any other allowable credits by the taxpayer.
  154         (a)To claim and receive a tax credit under this section, a
  155  taxpayer must apply to the division for a tax credit for
  156  qualified expenses in the amount and under the conditions and
  157  limitations provided in this section against the tax due for a
  158  taxable year under this chapter and must provide the division
  159  with all of the following:
  160         1.Documentation showing that:
  161         a.The rehabilitation is a certified rehabilitation;
  162         b.The structure is a certified historic structure, is
  163  income-producing, is located within this state, and is
  164  rehabilitated and placed in service on or after January 1, 2023;
  165         c.The taxpayer had an ownership or a long-term leasehold
  166  interest in the certified historic structure in the year during
  167  which the certified historic structure was placed into service
  168  after the certified rehabilitation was completed;
  169         d.The total amount of qualified expenses incurred in
  170  rehabilitating the certified historic structure exceeded $5,000;
  171         e. The qualified expenses were incurred in this state; and
  172         f. The taxpayer received a tax credit for the qualified
  173  expenses under 26 U.S.C. s. 47.
  174         2.An official certificate of eligibility from the
  175  division, signed by the State Historic Preservation Officer or
  176  the Deputy State Historic Preservation Officer, attesting that
  177  the project has been approved by the National Park Service and
  178  confirming that the project is located within a local program
  179  area.
  180         3.National Park Service Form 10-168c (Rev. 2019), titled
  181  “Historic Preservation Certification Application–Part 3-Request
  182  for Certification of Completed Work,” or a similar form, signed
  183  by an officer of the National Park Service, attesting that the
  184  completed rehabilitation meets the United States Secretary of
  185  the Interior’s Standards for Rehabilitation and is consistent
  186  with the historic character of the property and, if applicable,
  187  the district in which the completed rehabilitation is located.
  188  The form may be obtained through the National Park Service.
  189         4.An identification of the dates during which the
  190  certified historic structure was rehabilitated, the date the
  191  certified historic structure was placed in service after the
  192  certified rehabilitation was completed, and evidence that the
  193  certified historic structure was placed in service after the
  194  certified rehabilitation was completed.
  195         5.A list of total qualified expenses incurred by the
  196  taxpayer in rehabilitating the certified historic structure. For
  197  certified rehabilitations with qualified expenses that exceed
  198  $750,000, the taxpayer must submit an audited cost report issued
  199  by a certified public accountant which itemizes the qualified
  200  expenses incurred in rehabilitating the certified historic
  201  structure. A taxpayer may submit an audited cost report issued
  202  by a certified public accountant which was created for purposes
  203  of applying for a federal historic rehabilitation tax credit and
  204  which includes all of the qualified expenses incurred in
  205  rehabilitating the certified historic structure.
  206         6.An attestation of the total qualified expenses incurred
  207  by the taxpayer in rehabilitating the certified historic
  208  structure.
  209         7.The information required to be reported by the
  210  department in subsection (8) to enable the department to compile
  211  its annual report.
  212         (b) Within 60 days after receipt of the information
  213  required under paragraph (a), the division shall evaluate the
  214  application and recommend the applicant for certification or
  215  denial. The division must approve or deny the application within
  216  30 days after receiving the recommendation. If approved, the
  217  division must provide a letter of certification to the applicant
  218  consistent with any restrictions imposed. If the division denies
  219  any part of the requested credit, the division must inform the
  220  applicant of the grounds for the denial. The division must
  221  submit a copy of the certification and the information provided
  222  by the taxpayer to the department within 10 days after the
  223  division’s approval.
  224         (4)AMOUNT OF TAX CREDIT.—The total tax credit claimed
  225  annually may not exceed the amount of tax due after any other
  226  applicable tax credits and may not exceed the following:
  227         (a) Twenty percent of the total qualified expenses incurred
  228  in this state in rehabilitating a certified historic structure
  229  that has been approved by the National Park Service to receive
  230  the federal historic rehabilitation tax credit; or
  231         (b) Thirty percent of the total qualified expenses incurred
  232  in this state in rehabilitating a certified historic structure
  233  that has been approved by the National Park Service to receive
  234  the federal historic rehabilitation tax credit and that is
  235  located within a local program area.
  236  
  237  The tax credit may be used to offset the corporate income tax
  238  imposed in s. 220.11 and the insurance premium tax imposed in s.
  239  624.509. An insurer claiming a credit against insurance premium
  240  tax liability under this section may not be required to pay any
  241  additional retaliatory tax levied pursuant to s. 624.5091 as a
  242  result of claiming such credit. Section 624.5091 does not limit
  243  such credit in any manner.
  244         (5) CARRYFORWARD OF TAX CREDIT.—
  245         (a) If a taxpayer is eligible for a tax credit that exceeds
  246  taxes owed, the taxpayer may carry the unused tax credit forward
  247  for a period of up to 5 taxable years.
  248         (b) A carryforward is considered the remaining portion of a
  249  tax credit that cannot be claimed in the current tax year.
  250         (6) SALE OR TRANSFER OF TAX CREDIT.—
  251         (a) A taxpayer that incurs qualified expenses may sell or
  252  transfer all or part of the tax credit that may otherwise be
  253  claimed to another taxpayer.
  254         (b) A taxpayer to which all or part of the tax credit is
  255  sold or transferred may sell or transfer all or part of the tax
  256  credit that may otherwise be claimed to another taxpayer.
  257         (c) A taxpayer that sells or transfers a tax credit to
  258  another taxpayer must provide a copy of the certificate of
  259  eligibility together with the audited cost report to the
  260  purchaser or transferee.
  261         (d) Qualified expenses may be counted only once in
  262  determining the amount of an available tax credit, and more than
  263  one taxpayer may not claim a tax credit for the same qualified
  264  expenses.
  265         (e) There is no limit on the total number of transactions
  266  for the sale or transfer of all or part of a tax credit.
  267         (f)1. A taxpayer that sells or transfers a tax credit under
  268  this subsection and the purchaser or transferee shall jointly
  269  submit written notice of the sale or transfer to the department
  270  on a form adopted by the department no later than the 30th day
  271  after the date of the sale or transfer. The notice must include
  272  all of the following:
  273         a. The date of the sale or transfer.
  274         b. The amount of the tax credit sold or transferred.
  275         c. The name and federal tax identification number of the
  276  taxpayer that sold or transferred the tax credit and the
  277  purchaser or transferee.
  278         d. The amount of the tax credit owned by the taxpayer
  279  before the sale or transfer and the amount the selling or
  280  transferring taxpayer retained, if any, after the sale or
  281  transfer.
  282         2. The sale or transfer of a tax credit under this
  283  subsection does not extend the period for which a tax credit may
  284  be carried forward and does not increase the total amount of the
  285  tax credit that may be claimed.
  286         3. If a taxpayer claims a tax credit for qualified
  287  expenses, another taxpayer may not use the same expenses as the
  288  basis for claiming a tax credit.
  289         4. Notwithstanding the requirements of this subsection, a
  290  tax credit earned by, purchased by, or transferred to a
  291  partnership, limited liability company, S corporation, or other
  292  pass-through taxpayer may be allocated to the partners, members,
  293  or shareholders of that taxpayer and claimed under this section
  294  in accordance with any agreement among the partners, members, or
  295  shareholders and without regard to the ownership interest of the
  296  partners, members, or shareholders in the rehabilitated
  297  certified historic structure.
  298         (g) If the tax credit is reduced due to a determination,
  299  examination, or audit by the department, the tax deficiency
  300  shall be recovered from the taxpayer that sold or transferred
  301  the tax credit or the purchaser or transferee that claimed the
  302  tax credit up to the amount of the tax credit taken.
  303         (h) Any subsequent deficiencies shall be assessed against
  304  the purchaser or transferee that claimed the tax credit or, in
  305  the case of multiple succeeding entities, in the order of tax
  306  credit succession.
  307         (7) AUDIT AUTHORITY; REVOCATION AND FORFEITURE OF TAX
  308  CREDITS; FRAUDULENT CLAIMS.—
  309         (a) The department, with assistance from the division, may
  310  perform any additional financial and technical audits and
  311  examinations, including examining the accounts, books, or
  312  records of the tax credit applicant, to verify the legitimacy of
  313  the qualified expenses included in a tax credit return and to
  314  ensure compliance with this section. If requested by the
  315  department, the division must provide technical assistance for
  316  any technical audits or examinations performed under this
  317  subsection.
  318         (b) It is grounds for forfeiture of previously claimed and
  319  received tax credits if the department determines, as a result
  320  of an audit or information received from the division or the
  321  United States Department of the Interior, that a taxpayer
  322  received a tax credit pursuant to this section to which the
  323  taxpayer was not entitled. In the case of fraud, the taxpayer
  324  may not claim any future tax credits under this section.
  325         (c) The taxpayer must return forfeited tax credits to the
  326  department, and such funds shall be paid into the General
  327  Revenue Fund.
  328         (d) The taxpayer shall file with the department an amended
  329  tax return or such other report as the department prescribes and
  330  shall pay any required tax within 60 days after the taxpayer
  331  receives notification from the United States Internal Revenue
  332  Service that a previously approved tax credit has been revoked
  333  or modified, if uncontested, or within 60 days after a final
  334  order is issued following proceedings involving a contested
  335  revocation or modification order.
  336         (e) A notice of deficiency may be issued by the department
  337  at any time within 5 years after the date on which the taxpayer
  338  receives notification from the United States Internal Revenue
  339  Service that a previously approved tax credit has been revoked
  340  or modified.
  341         (f) If a taxpayer fails to notify the department of any
  342  change in its tax credit claimed, a notice of deficiency may be
  343  issued at any time. In either case, the amount of any proposed
  344  assessment set forth in such notice of deficiency is limited to
  345  the amount of any deficiency resulting under this section from
  346  the precomputation of the taxpayer’s tax for the taxable year.
  347         (g) A taxpayer that fails to report and timely pay any tax
  348  due as a result of the forfeiture of its tax credit violates
  349  this section and is subject to applicable penalties and
  350  interest.
  351         (8) ANNUAL REPORTS.—Based on the applications submitted and
  352  approved, the department must submit a report by December 1 of
  353  each year to the President of the Senate and the Speaker of the
  354  House of Representatives that identifies, in the aggregate, all
  355  of the following:
  356         (a) The number of employees hired during construction
  357  phases.
  358         (b) The use of each newly rehabilitated building and the
  359  expected number of employees hired.
  360         (c) The number of affordable housing units created or
  361  preserved.
  362         (d) The property values before and after the certified
  363  rehabilitations.
  364         (9) DEPARTMENT DUTIES.—The department shall:
  365         (a) Establish a cooperative agreement with the division.
  366         (b)Establish any necessary forms required to claim a tax
  367  credit under this section.
  368         (c) Provide administrative guidelines and procedures
  369  required to administer this section, including rules
  370  establishing an entitlement to and sale or transfer of a tax
  371  credit under this section.
  372         (d) Provide examination and audit procedures required to
  373  administer this section.
  374         (10) RULES.—The department and the division may adopt rules
  375  to administer this section.
  376         Section 2. Subsection (23) is added to section 213.053,
  377  Florida Statutes, to read:
  378         213.053 Confidentiality and information sharing.—
  379         (23)The department may make available to the Division of
  380  Historical Resources of the Department of State and the
  381  Secretary of the Department of the Interior of the United States
  382  or his or her delegate, exclusively for official purposes,
  383  information for the purposes of administering the Main Street
  384  Historic Tourism and Revitalization Act pursuant to s. 220.197.
  385         Section 3. Subsection (8) of section 220.02, Florida
  386  Statutes, is amended to read:
  387         220.02 Legislative intent.—
  388         (8) It is the intent of the Legislature that credits
  389  against either the corporate income tax or the franchise tax be
  390  applied in the following order: those enumerated in s. 631.828,
  391  those enumerated in s. 220.191, those enumerated in s. 220.181,
  392  those enumerated in s. 220.183, those enumerated in s. 220.182,
  393  those enumerated in s. 220.1895, those enumerated in s. 220.195,
  394  those enumerated in s. 220.184, those enumerated in s. 220.186,
  395  those enumerated in s. 220.1845, those enumerated in s. 220.19,
  396  those enumerated in s. 220.185, those enumerated in s. 220.1875,
  397  those enumerated in s. 220.1876, those enumerated in s.
  398  220.1877, those enumerated in s. 220.193, those enumerated in s.
  399  288.9916, those enumerated in s. 220.1899, those enumerated in
  400  s. 220.194, those enumerated in s. 220.196, and those enumerated
  401  in s. 220.198, and those enumerated in s. 220.197.
  402         Section 4. Paragraph (a) of subsection (1) of section
  403  220.13, Florida Statutes, is amended to read:
  404         220.13 “Adjusted federal income” defined.—
  405         (1) The term “adjusted federal income” means an amount
  406  equal to the taxpayer’s taxable income as defined in subsection
  407  (2), or such taxable income of more than one taxpayer as
  408  provided in s. 220.131, for the taxable year, adjusted as
  409  follows:
  410         (a) Additions.—There shall be added to such taxable income:
  411         1.a. The amount of any tax upon or measured by income,
  412  excluding taxes based on gross receipts or revenues, paid or
  413  accrued as a liability to the District of Columbia or any state
  414  of the United States which is deductible from gross income in
  415  the computation of taxable income for the taxable year.
  416         b. Notwithstanding sub-subparagraph a., if a credit taken
  417  under s. 220.1875, s. 220.1876, or s. 220.1877 is added to
  418  taxable income in a previous taxable year under subparagraph 11.
  419  and is taken as a deduction for federal tax purposes in the
  420  current taxable year, the amount of the deduction allowed shall
  421  not be added to taxable income in the current year. The
  422  exception in this sub-subparagraph is intended to ensure that
  423  the credit under s. 220.1875, s. 220.1876, or s. 220.1877 is
  424  added in the applicable taxable year and does not result in a
  425  duplicate addition in a subsequent year.
  426         2. The amount of interest which is excluded from taxable
  427  income under s. 103(a) of the Internal Revenue Code or any other
  428  federal law, less the associated expenses disallowed in the
  429  computation of taxable income under s. 265 of the Internal
  430  Revenue Code or any other law, excluding 60 percent of any
  431  amounts included in alternative minimum taxable income, as
  432  defined in s. 55(b)(2) of the Internal Revenue Code, if the
  433  taxpayer pays tax under s. 220.11(3).
  434         3. In the case of a regulated investment company or real
  435  estate investment trust, an amount equal to the excess of the
  436  net long-term capital gain for the taxable year over the amount
  437  of the capital gain dividends attributable to the taxable year.
  438         4. That portion of the wages or salaries paid or incurred
  439  for the taxable year which is equal to the amount of the credit
  440  allowable for the taxable year under s. 220.181. This
  441  subparagraph shall expire on the date specified in s. 290.016
  442  for the expiration of the Florida Enterprise Zone Act.
  443         5. That portion of the ad valorem school taxes paid or
  444  incurred for the taxable year which is equal to the amount of
  445  the credit allowable for the taxable year under s. 220.182. This
  446  subparagraph shall expire on the date specified in s. 290.016
  447  for the expiration of the Florida Enterprise Zone Act.
  448         6. The amount taken as a credit under s. 220.195 which is
  449  deductible from gross income in the computation of taxable
  450  income for the taxable year.
  451         7. That portion of assessments to fund a guaranty
  452  association incurred for the taxable year which is equal to the
  453  amount of the credit allowable for the taxable year.
  454         8. In the case of a nonprofit corporation which holds a
  455  pari-mutuel permit and which is exempt from federal income tax
  456  as a farmers’ cooperative, an amount equal to the excess of the
  457  gross income attributable to the pari-mutuel operations over the
  458  attributable expenses for the taxable year.
  459         9. The amount taken as a credit for the taxable year under
  460  s. 220.1895.
  461         10. Up to nine percent of the eligible basis of any
  462  designated project which is equal to the credit allowable for
  463  the taxable year under s. 220.185.
  464         11. Any amount taken as a credit for the taxable year under
  465  s. 220.1875, s. 220.1876, or s. 220.1877. The addition in this
  466  subparagraph is intended to ensure that the same amount is not
  467  allowed for the tax purposes of this state as both a deduction
  468  from income and a credit against the tax. This addition is not
  469  intended to result in adding the same expense back to income
  470  more than once.
  471         12. The amount taken as a credit for the taxable year under
  472  s. 220.193.
  473         13. Any portion of a qualified investment, as defined in s.
  474  288.9913, which is claimed as a deduction by the taxpayer and
  475  taken as a credit against income tax pursuant to s. 288.9916.
  476         14. The costs to acquire a tax credit pursuant to s.
  477  288.1254(5) that are deducted from or otherwise reduce federal
  478  taxable income for the taxable year.
  479         15. The amount taken as a credit for the taxable year
  480  pursuant to s. 220.194.
  481         16. The amount taken as a credit for the taxable year under
  482  s. 220.196. The addition in this subparagraph is intended to
  483  ensure that the same amount is not allowed for the tax purposes
  484  of this state as both a deduction from income and a credit
  485  against the tax. The addition is not intended to result in
  486  adding the same expense back to income more than once.
  487         17. The amount taken as a credit for the taxable year
  488  pursuant to s. 220.198.
  489         18. The amount taken as a credit for the taxable year
  490  pursuant to s. 220.197.
  491         Section 5. Subsection (7) of section 624.509, Florida
  492  Statutes, is amended to read:
  493         624.509 Premium tax; rate and computation.—
  494         (7) Credits and deductions against the tax imposed by this
  495  section shall be taken in the following order: deductions for
  496  assessments made pursuant to s. 440.51; credits for taxes paid
  497  under ss. 175.101 and 185.08; credits for income taxes paid
  498  under chapter 220 and the credit allowed under subsection (5),
  499  as these credits are limited by subsection (6); the credit
  500  allowed under s. 624.51057; the credit allowed under s. 220.197;
  501  and all other available credits and deductions.
  502         Section 6. (1)The Department of Revenue may, and all
  503  conditions are deemed met to, adopt emergency rules under s.
  504  120.54(4), Florida Statutes, for the purpose of implementing
  505  provisions related to the Main Street Historic Tourism and
  506  Revitalization Act.
  507         (2)Notwithstanding any other law, emergency rules adopted
  508  under this section are effective for 6 months after adoption and
  509  may be renewed during the pendency of procedures to adopt
  510  permanent rules addressing the subject of the emergency rules.
  511         (3)This section shall take effect upon this act becoming a
  512  law and expires July 1, 2023.
  513         Section 7. This act applies to taxable years beginning and
  514  for qualified expenses incurred on or after January 1, 2023.
  515         Section 8. This act shall take effect January 1, 2023.