December 05, 2020
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Bill Text: HB 0109
HB 0109 2004
   
1 A bill to be entitled
2          An act relating to the community contribution tax credit;
3    amending ss. 212.08, 220.03, 220.183, and 624.5105, F.S.;
4    deleting provisions providing for a June 30, 2005,
5    expiration date; providing an effective date.
6         
7          Be It Enacted by the Legislature of the State of Florida:
8         
9          Section 1. Paragraph (q) of subsection (5) of section
10    212.08, Florida Statutes, is amended to read:
11          212.08 Sales, rental, use, consumption, distribution, and
12    storage tax; specified exemptions.--The sale at retail, the
13    rental, the use, the consumption, the distribution, and the
14    storage to be used or consumed in this state of the following
15    are hereby specifically exempt from the tax imposed by this
16    chapter.
17          (5) EXEMPTIONS; ACCOUNT OF USE.--
18          (q) Community contribution tax credit for donations.--
19          1. Authorization.--Beginning July 1, 2001, persons who are
20    registered with the department under s. 212.18 to collect or
21    remit sales or use tax and who make donations to eligible
22    sponsors are eligible for tax credits against their state sales
23    and use tax liabilities as provided in this paragraph:
24          a. The credit shall be computed as 50 percent of the
25    person's approved annual community contribution;
26          b. The credit shall be granted as a refund against state
27    sales and use taxes reported on returns and remitted in the 12
28    months preceding the date of application to the department for
29    the credit as required in sub-subparagraph 3.c. If the annual
30    credit is not fully used through such refund because of
31    insufficient tax payments during the applicable 12-month period,
32    the unused amount may be included in an application for a refund
33    made pursuant to sub-subparagraph 3.c. in subsequent years
34    against the total tax payments made for such year. Carryover
35    credits may be applied for a 3-year period without regard to any
36    time limitation that would otherwise apply under s. 215.26;
37          c. No person shall receive more than $200,000 in annual
38    tax credits for all approved community contributions made in any
39    one year;
40          d. All proposals for the granting of the tax credit shall
41    require the prior approval of the Office of Tourism, Trade, and
42    Economic Development;
43          e. The total amount of tax credits which may be granted
44    for all programs approved under this paragraph, s. 220.183, and
45    s. 624.5105 is $10 million annually; and
46          f. A person who is eligible to receive the credit provided
47    for in this paragraph, s. 220.183, or s. 624.5105 may receive
48    the credit only under the one section of the person's choice.
49          2. Eligibility requirements.--
50          a. A community contribution by a person must be in the
51    following form:
52          (I) Cash or other liquid assets;
53          (II) Real property;
54          (III) Goods or inventory; or
55          (IV) Other physical resources as identified by the Office
56    of Tourism, Trade, and Economic Development.
57          b. All community contributions must be reserved
58    exclusively for use in a project. As used in this sub-
59    subparagraph, the term "project" means any activity undertaken
60    by an eligible sponsor which is designed to construct, improve,
61    or substantially rehabilitate housing that is affordable to low-
62    income or very-low-income households as defined in s.
63    420.9071(19) and (28); designed to provide commercial,
64    industrial, or public resources and facilities; or designed to
65    improve entrepreneurial and job-development opportunities for
66    low-income persons. A project may be the investment necessary to
67    increase access to high-speed broadband capability in rural
68    communities with enterprise zones, including projects that
69    result in improvements to communications assets that are owned
70    by a business. A project may include the provision of museum
71    educational programs and materials that are directly related to
72    any project approved between January 1, 1996, and December 31,
73    1999, and located in an enterprise zone as referenced in s.
74    290.00675. This paragraph does not preclude projects that
75    propose to construct or rehabilitate housing for low-income or
76    very-low-income households on scattered sites. The Office of
77    Tourism, Trade, and Economic Development may reserve up to 50
78    percent of the available annual tax credits for housing for
79    very-low-income households pursuant to s. 420.9071(28) for the
80    first 6 months of the fiscal year. With respect to housing,
81    contributions may be used to pay the following eligible low-
82    income and very-low-income housing-related activities:
83          (I) Project development impact and management fees for
84    low-income or very-low-income housing projects;
85          (II) Down payment and closing costs for eligible persons,
86    as defined in s. 420.9071(19) and (28);
87          (III) Administrative costs, including housing counseling
88    and marketing fees, not to exceed 10 percent of the community
89    contribution, directly related to low-income or very-low-income
90    projects; and
91          (IV) Removal of liens recorded against residential
92    property by municipal, county, or special district local
93    governments when satisfaction of the lien is a necessary
94    precedent to the transfer of the property to an eligible person,
95    as defined in s. 420.9071(19) and (28), for the purpose of
96    promoting home ownership. Contributions for lien removal must be
97    received from a nonrelated third party.
98          c. The project must be undertaken by an "eligible
99    sponsor," which includes:
100          (I) A community action program;
101          (II) A nonprofit community-based development organization
102    whose mission is the provision of housing for low-income or
103    very-low-income households or increasing entrepreneurial and
104    job-development opportunities for low-income persons;
105          (III) A neighborhood housing services corporation;
106          (IV) A local housing authority created under chapter 421;
107          (V) A community redevelopment agency created under s.
108    163.356;
109          (VI) The Florida Industrial Development Corporation;
110          (VII) A historic preservation district agency or
111    organization;
112          (VIII) A regional workforce board;
113          (IX) A direct-support organization as provided in s.
114    1009.983;
115          (X) An enterprise zone development agency created under s.
116    290.0056;
117          (XI) A community-based organization incorporated under
118    chapter 617 which is recognized as educational, charitable, or
119    scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
120    and whose bylaws and articles of incorporation include
121    affordable housing, economic development, or community
122    development as the primary mission of the corporation;
123          (XII) Units of local government;
124          (XIII) Units of state government; or
125          (XIV) Any other agency that the Office of Tourism, Trade,
126    and Economic Development designates by rule.
127         
128          In no event may a contributing person have a financial interest
129    in the eligible sponsor.
130          d. The project must be located in an area designated an
131    enterprise zone or a Front Porch Florida Community pursuant to
132    s. 14.2015(9)(b), unless the project increases access to high-
133    speed broadband capability for rural communities with enterprise
134    zones but is physically located outside the designated rural
135    zone boundaries. Any project designed to construct or
136    rehabilitate housing for low-income or very-low-income
137    households as defined in s. 420.0971(19) and (28) is exempt from
138    the area requirement of this sub-subparagraph.
139          3. Application requirements.--
140          a. Any eligible sponsor seeking to participate in this
141    program must submit a proposal to the Office of Tourism, Trade,
142    and Economic Development which sets forth the name of the
143    sponsor, a description of the project, and the area in which the
144    project is located, together with such supporting information as
145    is prescribed by rule. The proposal must also contain a
146    resolution from the local governmental unit in which the project
147    is located certifying that the project is consistent with local
148    plans and regulations.
149          b. Any person seeking to participate in this program must
150    submit an application for tax credit to the Office of Tourism,
151    Trade, and Economic Development which sets forth the name of the
152    sponsor, a description of the project, and the type, value, and
153    purpose of the contribution. The sponsor shall verify the terms
154    of the application and indicate its receipt of the contribution,
155    which verification must be in writing and accompany the
156    application for tax credit. The person must submit a separate
157    tax credit application to the office for each individual
158    contribution that it makes to each individual project.
159          c. Any person who has received notification from the
160    Office of Tourism, Trade, and Economic Development that a tax
161    credit has been approved must apply to the department to receive
162    the refund. Application must be made on the form prescribed for
163    claiming refunds of sales and use taxes and be accompanied by a
164    copy of the notification. A person may submit only one
165    application for refund to the department within any 12-month
166    period.
167          4. Administration.--
168          a. The Office of Tourism, Trade, and Economic Development
169    may adopt rules pursuant to ss. 120.536(1) and 120.54 necessary
170    to administer this paragraph, including rules for the approval
171    or disapproval of proposals by a person.
172          b. The decision of the Office of Tourism, Trade, and
173    Economic Development must be in writing, and, if approved, the
174    notification shall state the maximum credit allowable to the
175    person. Upon approval, the office shall transmit a copy of the
176    decision to the Department of Revenue.
177          c. The Office of Tourism, Trade, and Economic Development
178    shall periodically monitor all projects in a manner consistent
179    with available resources to ensure that resources are used in
180    accordance with this paragraph; however, each project must be
181    reviewed at least once every 2 years.
182          d. The Office of Tourism, Trade, and Economic Development
183    shall, in consultation with the Department of Community Affairs,
184    the Florida Housing Finance Corporation, and the statewide and
185    regional housing and financial intermediaries, market the
186    availability of the community contribution tax credit program to
187    community-based organizations.
188          5. Expiration.--This paragraph expires June 30, 2005;
189    however, any accrued credit carryover that is unused on that
190    date may be used until the expiration of the 3-year carryover
191    period for such credit.
192          Section 2. Paragraph (d) of subsection (1) of section
193    220.03, Florida Statutes, is amended to read:
194          220.03 Definitions.--
195          (1) SPECIFIC TERMS.--When used in this code, and when not
196    otherwise distinctly expressed or manifestly incompatible with
197    the intent thereof, the following terms shall have the following
198    meanings:
199          (d) "Community contribution" means the grant by a business
200    firm of any of the following items:
201          1. Cash or other liquid assets.
202          2. Real property.
203          3. Goods or inventory.
204          4. Other physical resources as identified by the
205    department.
206         
207          The provisions of this paragraph shall expire and be void on
208    June 30, 2005.
209          Section 3. Subsection (5) of section 220.183, Florida
210    Statutes, is amended to read:
211          220.183 Community contribution tax credit.--
212          (5) EXPIRATION.--The provisions of this section, except
213    paragraph (1)(e), shall expire and be void on June 30, 2005.
214          Section 4. Subsection (6) of section 624.5105, Florida
215    Statutes, is amended to read:
216          624.5105 Community contribution tax credit; authorization;
217    limitations; eligibility and application requirements;
218    administration; definitions; expiration.--
219          (6) EXPIRATION.--The provisions of this section, except
220    paragraph (1)(e), shall expire and be void on June 30, 2005.
221          Section 5. This act shall take effect upon becoming a law.
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