January 26, 2021
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Senate Bill 0330

Senate Bill sb0330c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                            CS for SB 330

    By the Committee on Comprehensive Planning; and Senator
    Saunders




    316-892A-04

  1                      A bill to be entitled

  2         An act relating to the community contribution

  3         tax credit; amending ss. 212.08, 220.03,

  4         220.183, and 624.5105, F.S.; deleting

  5         provisions providing for the tax credit to

  6         expire on June 30, 2005; providing an effective

  7         date.

  8  

  9  Be It Enacted by the Legislature of the State of Florida:

10  

11         Section 1.  Paragraph (q) of subsection (5) of section

12  212.08, Florida Statutes, is amended to read:

13         212.08  Sales, rental, use, consumption, distribution,

14  and storage tax; specified exemptions.--The sale at retail,

15  the rental, the use, the consumption, the distribution, and

16  the storage to be used or consumed in this state of the

17  following are hereby specifically exempt from the tax imposed

18  by this chapter.

19         (5)  EXEMPTIONS; ACCOUNT OF USE.--

20         (q)  Community contribution tax credit for donations.--

21         1.  Authorization.--Beginning July 1, 2001, persons who

22  are registered with the department under s. 212.18 to collect

23  or remit sales or use tax and who make donations to eligible

24  sponsors are eligible for tax credits against their state

25  sales and use tax liabilities as provided in this paragraph:

26         a.  The credit shall be computed as 50 percent of the

27  person's approved annual community contribution;

28         b.  The credit shall be granted as a refund against

29  state sales and use taxes reported on returns and remitted in

30  the 12 months preceding the date of application to the

31  department for the credit as required in sub-subparagraph 3.c.

                                  1

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    Florida Senate - 2004                            CS for SB 330
    316-892A-04




 1  If the annual credit is not fully used through such refund

 2  because of insufficient tax payments during the applicable

 3  12-month period, the unused amount may be included in an

 4  application for a refund made pursuant to sub-subparagraph

 5  3.c. in subsequent years against the total tax payments made

 6  for such year. Carryover credits may be applied for a 3-year

 7  period without regard to any time limitation that would

 8  otherwise apply under s. 215.26;

 9         c.  No person shall receive more than $200,000 in

10  annual tax credits for all approved community contributions

11  made in any one year;

12         d.  All proposals for the granting of the tax credit

13  shall require the prior approval of the Office of Tourism,

14  Trade, and Economic Development;

15         e.  The total amount of tax credits which may be

16  granted for all programs approved under this paragraph, s.

17  220.183, and s. 624.5105 is $10 million annually; and

18         f.  A person who is eligible to receive the credit

19  provided for in this paragraph, s. 220.183, or s. 624.5105 may

20  receive the credit only under the one section of the person's

21  choice.

22         2.  Eligibility requirements.--

23         a.  A community contribution by a person must be in the

24  following form:

25         (I)  Cash or other liquid assets;

26         (II)  Real property;

27         (III)  Goods or inventory; or

28         (IV)  Other physical resources as identified by the

29  Office of Tourism, Trade, and Economic Development.

30         b.  All community contributions must be reserved

31  exclusively for use in a project. As used in this

                                  2

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    Florida Senate - 2004                            CS for SB 330
    316-892A-04




 1  sub-subparagraph, the term "project" means any activity

 2  undertaken by an eligible sponsor which is designed to

 3  construct, improve, or substantially rehabilitate housing that

 4  is affordable to low-income or very-low-income households as

 5  defined in s. 420.9071(19) and (28); designed to provide

 6  commercial, industrial, or public resources and facilities; or

 7  designed to improve entrepreneurial and job-development

 8  opportunities for low-income persons. A project may be the

 9  investment necessary to increase access to high-speed

10  broadband capability in rural communities with enterprise

11  zones, including projects that result in improvements to

12  communications assets that are owned by a business. A project

13  may include the provision of museum educational programs and

14  materials that are directly related to any project approved

15  between January 1, 1996, and December 31, 1999, and located in

16  an enterprise zone as referenced in s. 290.00675. This

17  paragraph does not preclude projects that propose to construct

18  or rehabilitate housing for low-income or very-low-income

19  households on scattered sites. The Office of Tourism, Trade,

20  and Economic Development may reserve up to 50 percent of the

21  available annual tax credits for housing for very-low-income

22  households pursuant to s. 420.9071(28) for the first 6 months

23  of the fiscal year. With respect to housing, contributions may

24  be used to pay the following eligible low-income and

25  very-low-income housing-related activities:

26         (I)  Project development impact and management fees for

27  low-income or very-low-income housing projects;

28         (II)  Down payment and closing costs for eligible

29  persons, as defined in s. 420.9071(19) and (28);

30         (III)  Administrative costs, including housing

31  counseling and marketing fees, not to exceed 10 percent of the

                                  3

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    Florida Senate - 2004                            CS for SB 330
    316-892A-04




 1  community contribution, directly related to low-income or

 2  very-low-income projects; and

 3         (IV)  Removal of liens recorded against residential

 4  property by municipal, county, or special district local

 5  governments when satisfaction of the lien is a necessary

 6  precedent to the transfer of the property to an eligible

 7  person, as defined in s. 420.9071(19) and (28), for the

 8  purpose of promoting home ownership. Contributions for lien

 9  removal must be received from a nonrelated third party.

10         c.  The project must be undertaken by an "eligible

11  sponsor," which includes:

12         (I)  A community action program;

13         (II)  A nonprofit community-based development

14  organization whose mission is the provision of housing for

15  low-income or very-low-income households or increasing

16  entrepreneurial and job-development opportunities for

17  low-income persons;

18         (III)  A neighborhood housing services corporation;

19         (IV)  A local housing authority created under chapter

20  421;

21         (V)  A community redevelopment agency created under s.

22  163.356;

23         (VI)  The Florida Industrial Development Corporation;

24         (VII)  A historic preservation district agency or

25  organization;

26         (VIII)  A regional workforce board;

27         (IX)  A direct-support organization as provided in s.

28  1009.983;

29         (X)  An enterprise zone development agency created

30  under s. 290.0056;

31  

                                  4

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    Florida Senate - 2004                            CS for SB 330
    316-892A-04




 1         (XI)  A community-based organization incorporated under

 2  chapter 617 which is recognized as educational, charitable, or

 3  scientific pursuant to s. 501(c)(3) of the Internal Revenue

 4  Code and whose bylaws and articles of incorporation include

 5  affordable housing, economic development, or community

 6  development as the primary mission of the corporation;

 7         (XII)  Units of local government;

 8         (XIII)  Units of state government; or

 9         (XIV)  Any other agency that the Office of Tourism,

10  Trade, and Economic Development designates by rule.

11  

12  In no event may a contributing person have a financial

13  interest in the eligible sponsor.

14         d.  The project must be located in an area designated

15  an enterprise zone or a Front Porch Florida Community pursuant

16  to s. 14.2015(9)(b), unless the project increases access to

17  high-speed broadband capability for rural communities with

18  enterprise zones but is physically located outside the

19  designated rural zone boundaries. Any project designed to

20  construct or rehabilitate housing for low-income or

21  very-low-income households as defined in s. 420.0971(19) and

22  (28) is exempt from the area requirement of this

23  sub-subparagraph.

24         3.  Application requirements.--

25         a.  Any eligible sponsor seeking to participate in this

26  program must submit a proposal to the Office of Tourism,

27  Trade, and Economic Development which sets forth the name of

28  the sponsor, a description of the project, and the area in

29  which the project is located, together with such supporting

30  information as is prescribed by rule. The proposal must also

31  contain a resolution from the local governmental unit in which

                                  5

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    Florida Senate - 2004                            CS for SB 330
    316-892A-04




 1  the project is located certifying that the project is

 2  consistent with local plans and regulations.

 3         b.  Any person seeking to participate in this program

 4  must submit an application for tax credit to the Office of

 5  Tourism, Trade, and Economic Development which sets forth the

 6  name of the sponsor, a description of the project, and the

 7  type, value, and purpose of the contribution. The sponsor

 8  shall verify the terms of the application and indicate its

 9  receipt of the contribution, which verification must be in

10  writing and accompany the application for tax credit. The

11  person must submit a separate tax credit application to the

12  office for each individual contribution that it makes to each

13  individual project.

14         c.  Any person who has received notification from the

15  Office of Tourism, Trade, and Economic Development that a tax

16  credit has been approved must apply to the department to

17  receive the refund. Application must be made on the form

18  prescribed for claiming refunds of sales and use taxes and be

19  accompanied by a copy of the notification. A person may submit

20  only one application for refund to the department within any

21  12-month period.

22         4.  Administration.--

23         a.  The Office of Tourism, Trade, and Economic

24  Development may adopt rules pursuant to ss. 120.536(1) and

25  120.54 necessary to administer this paragraph, including rules

26  for the approval or disapproval of proposals by a person.

27         b.  The decision of the Office of Tourism, Trade, and

28  Economic Development must be in writing, and, if approved, the

29  notification shall state the maximum credit allowable to the

30  person. Upon approval, the office shall transmit a copy of the

31  decision to the Department of Revenue.

                                  6

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    Florida Senate - 2004                            CS for SB 330
    316-892A-04




 1         c.  The Office of Tourism, Trade, and Economic

 2  Development shall periodically monitor all projects in a

 3  manner consistent with available resources to ensure that

 4  resources are used in accordance with this paragraph; however,

 5  each project must be reviewed at least once every 2 years.

 6         d.  The Office of Tourism, Trade, and Economic

 7  Development shall, in consultation with the Department of

 8  Community Affairs, the Florida Housing Finance Corporation,

 9  and the statewide and regional housing and financial

10  intermediaries, market the availability of the community

11  contribution tax credit program to community-based

12  organizations.

13         5.  Expiration.--This paragraph expires June 30, 2005;

14  however, any accrued credit carryover that is unused on that

15  date may be used until the expiration of the 3-year carryover

16  period for such credit.

17         Section 2.  Paragraph (d) of subsection (1) of section

18  220.03, Florida Statutes, is amended to read:

19         220.03  Definitions.--

20         (1)  SPECIFIC TERMS.--When used in this code, and when

21  not otherwise distinctly expressed or manifestly incompatible

22  with the intent thereof, the following terms shall have the

23  following meanings:

24         (d)  "Community contribution" means the grant by a

25  business firm of any of the following items:

26         1.  Cash or other liquid assets.

27         2.  Real property.

28         3.  Goods or inventory.

29         4.  Other physical resources as identified by the

30  department.

31  

                                  7

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    Florida Senate - 2004                            CS for SB 330
    316-892A-04




 1  The provisions of this paragraph shall expire and be void on

 2  June 30, 2005.

 3         Section 3.  Subsection (5) of section 220.183, Florida

 4  Statutes, is amended to read:

 5         220.183  Community contribution tax credit.--

 6         (5)  EXPIRATION.--The provisions of this section,

 7  except paragraph (1)(e), shall expire and be void on June 30,

 8  2005.

 9         Section 4.  Subsection (6) of section 624.5105, Florida

10  Statutes, is amended to read:

11         624.5105  Community contribution tax credit;

12  authorization; limitations; eligibility and application

13  requirements; administration; definitions; expiration.--

14         (6)  EXPIRATION.--The provisions of this section,

15  except paragraph (1)(e), shall expire and be void on June 30,

16  2005.

17         Section 5.  This act shall take effect upon becoming a

18  law.

19  

20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                         Senate Bill 330

22                                 

23  This committee substitute differs from the bill as filed in
    that it uses an alternative style to "repeal the sunsets" in
24  ss. 212.08(5) and 624.5105(6),F.S. It republishes these
    sections with the repeals 'stricken' in the text. In addition,
25  it deletes the repeal of the definition of the term "community
    contribution" in s. 220.03(d), F.S.
26  

27  

28  

29  

30  

31  

                                  8

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