220.183 Community contribution tax
credit. ---
(1) LEGISLATIVE FINDINGS. The Legislature finds that:
(a) There exist in the counties and municipalities conditions of
blight evidenced by extensive deterioration of public and private facilities,
abandonment of sound structures, and high unemployment which conditions
impede the conservation and development of healthy, safe, and economically
viable communities.
(b) Deterioration of housing and industrial, commercial, and public
facilities contributes to the decline of neighborhoods and communities and
leads to the loss of their historic character and the sense of community
which this inspires; reduces the value of property comprising the tax base of
local communities; discourages private investment; and requires a
disproportionate expenditure of public funds for the social services,
unemployment benefits, and police protection required to combat the social
and economic problems found in slum communities.
(c) In order to ultimately restore social and economic viability to
enterprise zones, it is necessary to renovate or construct new housing, water
and sewer infrastructure, and transportation facilities and to specifically
provide mechanisms to attract and encourage private economic
activity.
(d) The various local governments and other redevelopment
organizations now undertaking physical revitalization projects are limited by
tightly constrained budgets and inadequate resources.
(e) In order to significantly improve revitalization efforts by
local governments and community development organizations and to retain as
much of the historic character of our communities as possible, it is
necessary to provide additional resources, and the participation of private
enterprise in revitalization efforts is an effective means for accomplishing
that goal.
(2) POLICY AND PURPOSE. It is the policy of this state to
encourage the participation of private corporations in revitalization
projects undertaken by public redevelopment organizations. The purpose of
this section is to provide an incentive for such participation by granting
partial state income tax credits to corporations that contribute resources to
public redevelopment organizations for the revitalization of enterprise zones
for the benefit of low-income and moderate-income persons or to preserve
existing historically significant properties within enterprise zones to the
greatest extent possible. The Legislature thus declares this a public purpose
for which public money may be borrowed, expended, loaned, and
granted.
(3) AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX CREDITS;
LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM SPENDING.
(a) Beginning July 1, 1995, there shall be allowed a credit of 50
percent of a community contribution against any tax due for a taxable year
under this chapter.
(b) No business firm shall receive more than $200,000 in annual tax
credits for all approved community contributions made in any one
year.
(c) The total amount of tax credit which may be granted for all
programs approved under this section and s. 624.5105 is $2 million
annually.
(d) All proposals for the granting of the tax credit shall require
the prior approval of the secretary.
(e) If the credit granted pursuant to this section is not fully used
in any one year because of insufficient tax liability on the part of the
business firm, the unused amount may be carried forward for a period not to
exceed 5 years. The carryover credit may be used in a subsequent year when
the tax imposed by this chapter for such year exceeds the credit for such
year under this section after applying the other credits and unused credit
carryovers in the order provided in s. 220.02(10).
(f) A taxpayer who files a Florida consolidated return as a member
of an affiliated group pursuant to s. 220.131(1) may be allowed the credit on
a consolidated return basis.
(g) A taxpayer who is eligible to receive the credit provided for in
s. 624.5105 is not eligible to receive the credit provided by this
section.
(4) ELIGIBILITY REQUIREMENTS.
(a) All community contributions by a business firm shall be in the
form specified in s. 220.03(1)(d).
(b) All community contributions must be reserved exclusively for use
in projects as defined in s. 220.03(1)(t).
(c) The project must be undertaken by an "eligible sponsor,"
defined here as:
1. A community action program;
2. A community development corporation;
3. A neighborhood housing services corporation;
4. A local housing authority, created pursuant to chapter
421;
5. A community redevelopment agency, created pursuant to s.
163.356;
6. The Florida Industrial Development Corporation;
7. An historic preservation district agency or
organization;
8. A private industry council;
9. A direct-support organization as provided in s. 240.551;
10. An enterprise zone development agency created pursuant to s.
290.0057; or
11. Such other agency as the secretary may, from time to time,
designate by rule.
In no event shall a contributing business firm have a financial interest
in the eligible sponsor.
(d) The project shall be located in an area designated as an
enterprise zone pursuant to s. 290.0065. Any project designed to construct
or rehabilitate low-income housing is exempt from the area requirement of
this paragraph.
(5) APPLICATION REQUIREMENTS.
(a) Any eligible sponsor wishing to participate in this program must
submit a proposal to the department which sets forth the sponsor, the
project, the area in which the project is located, and such supporting
information as may be prescribed by rule. The proposal shall also contain a
resolution from the local governmental unit in which it is located certifying
that the project is consistent with local plans and regulations.
(b) Any business wishing to participate in this program must submit
an application for tax credit to the department, which application sets forth
the sponsor; the project; and the type, value, and purpose of the
contribution. The sponsor shall verify the terms of the application and
indicate its willingness to receive the contribution, which verification
shall be in writing and shall accompany the application for tax
credit.
(c) The business firm must submit a separate application for tax
credit for each individual contribution which it proposes to contribute to
each individual project.
(6) ADMINISTRATION.
(a) The department is authorized to promulgate all rules necessary
to administer this section, including rules for the approval or disapproval
of proposals by business firms.
(b) The decision of the secretary shall be in writing, and, if
approved, the proposal shall state the maximum credit allowable to the
business firm. A copy of the decision shall be transmitted to the Executive
Director of the Department of Revenue, who shall apply such credit to the tax
liability of the business firm.
(c) The department shall periodically monitor all projects in a
manner consistent with available resources to ensure that resources are
utilized in accordance with this section; however, each project shall be
reviewed no less often than once every 2 years.
(d) The Department of Revenue shall promulgate any rules necessary
to ensure the orderly implementation and administration of this
section.
(7) EXPIRATION. The provisions of this section, except
paragraph (3)(e), shall expire and be void on June 30,
2005.
History: ss. 2, 3, 4, 5, 6, 7, 8, 10, ch. 80-249; s. 24, ch. 81-167; s. 127, ch.
81-259; s. 6, ch. 82-119; s. 41, ch. 84-356; s. 19, ch. 88-201; s. 1, ch.
89-352; s. 56, ch. 89-356; s. 4, ch. 90-130; s. 123, ch. 91-112; s. 53, ch.
94-136.