Florida 2023 Regular Session

Florida House Bill H0475 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to residential graywater system tax 2
16-credits; amending s. 213.053, F.S.; authorizing the 3
17-Department of Revenue to disclose information relating 4
18-to a residential graywater system tax credit to the 5
19-Department of Environmental Protection; creat ing s. 6
20-220.199, F.S.; providing definitions; providing a tax 7
21-credit to developers and homebuilders for certain 8
22-graywater systems purchased during the taxable year; 9
23-providing a cap on the amount of the tax credit per 10
24-system and per developer or homebuilder; specifying 11
25-information the developer or homebuilder must provide; 12
26-requiring the Department of Environmental Protection 13
27-to make certain determination and to certify such 14
28-determinations within a specified time frame; 15
29-requiring such determinations be include d on specified 16
30-returns; prohibiting the certification of credits for 17
31-tax years after a certain date; authorizing tax 18
32-credits to be carried forward for up to a specified 19
33-number of years; authorizing the Department of Revenue 20
34-and the Department of Environmen tal Protection to 21
35-adopt rules; providing for future repeal; amending s. 22
36-220.02, F.S.; revising the order in which credits may 23
37-be taken to include credits created by this act; 24
38-amending s. 220.13, F.S.; revising the definition of 25
16+credits; creating s. 220.199, F.S.; providing 3
17+definitions; providing a tax credit to developers and 4
18+homebuilders for certain graywater systems purchased 5
19+during the taxable year; providing a cap on the amount 6
20+of the tax credit per system; specifying information 7
21+the developer or homebuilder must provide to the 8
22+Department of Revenue; authorizing tax credits to be 9
23+carried forward for up to a specified number of years; 10
24+authorizing the department to adopt rules; amending s. 11
25+220.02, F.S.; revising the order in which credits may 12
26+be taken to include credits created by this act; 13
27+amending s. 220.13, F.S.; revising t he definition of 14
28+the term "adjusted federal income" to include credits 15
29+created by this act; providing an effective date. 16
30+ 17
31+Be It Enacted by the Legislature of the State of Florida: 18
32+ 19
33+ Section 1. Section 220.199, Florida Statutes, is created 20
34+to read: 21
35+ 220.199 Residential graywater system tax credit. 22
36+ (1) For purposes of this section, the term: 23
37+ (a) "Department" means the Department of Revenue. 24
38+ (b) "Developer" has the same meaning as in s. 380.031(2). 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51-the term "adjusted federal i ncome" to include credits 26
52-created by this act; providing an effective date. 27
53- 28
54-Be It Enacted by the Legislature of the State of Florida: 29
55- 30
56- Section 1. Paragraph (o) of subsection (8) of section 31
57-213.053, Florida Statutes, is amended to read: 32
58- 213.053 Confidentiality and information sharing. 33
59- (8) Notwithstanding any other provision of this section, 34
60-the department may provide: 35
61- (o) Information relative to ss. 220.1845 , 220.199, and 36
62-376.30781 to the Department of Environmental Protection in the 37
63-conduct of its official business. 38
64- 39
65-Disclosure of information under this subsection shall be 40
66-pursuant to a written agreement between the executive director 41
67-and the agency. Such agencies, governmental or nongovernmental, 42
68-shall be bound by the same requirements of co nfidentiality as 43
69-the Department of Revenue. Breach of confidentiality is a 44
70-misdemeanor of the first degree, punishable as provided by s. 45
71-775.082 or s. 775.083. 46
72- Section 2. Section 220.199, Florida Statutes, is created 47
73-to read: 48
74- 220.199 Residential gray water system tax credit. — 49
75- (1) For purposes of this section, the term: 50
51+ (c) "Graywater" has the same meaning as in s. 26
52+381.0065(2)(f). 27
53+ (2) For taxable years beginning on or after January 1, 28
54+2024, a developer or homebuilder is eligible to receive a credit 29
55+against the tax imposed by this chapter in an amount up to 50 30
56+percent of the cost of each NSF/ANSI 350 Class R certif ied 31
57+noncommercial, residential graywater system purchased during the 32
58+taxable year. The tax credit may not exceed $4,200 for each 33
59+system purchased. 34
60+ (3) A developer or homebuilder that wishes to claim a tax 35
61+credit under this section must submit an applicat ion to the 36
62+department which includes a written verification by the 37
63+Department of Environmental Protection that the developer or 38
64+homebuilder has submitted reasonable assurances that the system 39
65+meets the requirements of subsection (2) and the functionality 40
66+assurances provided in s. 403.892(3)(c). The Department of 41
67+Environmental Protection shall make a determination on the 42
68+eligibility of the applicant for the credit sought and certify 43
69+the determination to the applicant and the department. The 44
70+taxpayer must attach the certification to the tax return on 45
71+which the credit is claimed. 46
72+ (4) Any unused tax credit authorized under this section 47
73+may be carried forward and claimed by the taxpayer for up to 2 48
74+taxable years. 49
75+ (5) The department may adopt rules to administ er this 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88- (a) "Developer" has the same meaning as in s. 380.031(2). 51
89- (b) "Graywater" has the same meaning as in s. 52
90-381.0065(2)(f). 53
91- (2) For taxable years beginning on or after January 1, 54
92-2024, a developer or homebuilder is eligible to receive a credit 55
93-against the tax imposed by this chapter in an amount up to 50 56
94-percent of the cost of each NSF/ANSI 350 Class R certified 57
95-noncommercial, residential graywater system purchased during the 58
96-taxable year. The tax credit may not exceed $4,200 for each 59
97-system purchased or $2,000,000 per developer or homebuilder per 60
98-taxable year. 61
99- (3)(a) To claim a tax credit under this section, a 62
100-developer or homebuilder must submit an application to the 63
101-Department of Environmental Protection which includes 64
102-documentation showing that the developer or homebuilder has 65
103-purchased for use in this state a graywater system meeting the 66
104-requirements of subsection (2) and that the graywater system 67
105-meets the functionality assuranc es provided in s. 403.892(3)(c). 68
106-The Department of Environmental Protection shall make a 69
107-determination on the eligibility of the applicant for the credit 70
108-sought and shall certify the determination to the applicant and 71
109-the Department of Revenue within 60 da ys after receipt of a 72
110-completed application. The taxpayer must attach the 73
111-certification from the Department of Environmental Protection to 74
112-the tax return on which the credit is claimed. 75
88+section, including, but not limited to, rules prescribing forms, 51
89+application procedures and dates, and guidelines for making an 52
90+affirmative showing of qualification for a credit and any 53
91+evidence needed to substantiate a claim for a credit under thi s 54
92+section. 55
93+ Section 2. Subsection (8) of section 220.02, Florida 56
94+Statutes, is amended to read: 57
95+ 220.02 Legislative intent. 58
96+ (8) It is the intent of the Legislature that credits 59
97+against either the corporate income tax or the franchise tax be 60
98+applied in the following order: those enumerated in s. 631.828, 61
99+those enumerated in s. 220.191, those enumerated in s. 220.181, 62
100+those enumerated in s. 220.183, those enumerated in s. 220.182, 63
101+those enumerated in s. 220.1895, those enumerated in s. 220.195, 64
102+those enumerated in s. 220.184, those enumerated in s. 220.186, 65
103+those enumerated in s. 220.1845, those enumerated in s. 220.19, 66
104+those enumerated in s. 220.185, those enumerated in s. 220.1875, 67
105+those enumerated in s. 220.1876, those enumerated in s. 68
106+220.1877, those enumerated in s. 220.193, those enumerated in s. 69
107+288.9916, those enumerated in s. 220.1899, those enumerated in 70
108+s. 220.194, those enumerated in s. 220.196, those enumerated in 71
109+s. 220.198, and those enumerated in s. 220.1915 , and those 72
110+enumerated in s. 220.199 . 73
111+ Section 3. Paragraph (a) of subsection (1) of section 74
112+220.13, Florida Statutes, is amended to read: 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125- (b) No credits may be certified by the Department of 76
126-Environmental Protection for taxable years beginning on or after 77
127-January 1, 2027. 78
128- (4) Any unused tax credit authorized under this section 79
129-may be carried forward and claimed by the taxpayer for up to 2 80
130-taxable years. 81
131- (5) The department shall adopt rules to administer this 82
132-section, including, but not limited to, rules prescribing the 83
133-method to claim a credit certified by the Department of 84
134-Environmental Protection under this section. 85
135- (6) The Department of Environmental Protection may adopt 86
136-rules to administer this sec tion, including, but not limited to, 87
137-rules relating to application forms for credit approval and 88
138-certification and the application and certification procedures, 89
139-guidelines, and requirements necessary to administer this 90
140-section. 91
141- (7) This section is repeal ed December 31, 2030. 92
142- Section 3. Subsection (8) of section 220.02, Florida 93
143-Statutes, is amended to read: 94
144- 220.02 Legislative intent. 95
145- (8) It is the intent of the Legislature that credits 96
146-against either the corporate income tax or the franchise tax b e 97
147-applied in the following order: those enumerated in s. 631.828, 98
148-those enumerated in s. 220.191, those enumerated in s. 220.181, 99
149-those enumerated in s. 220.183, those enumerated in s. 220.182, 100
125+ 220.13 "Adjusted federal income" defined. — 76
126+ (1) The term "adjusted federal income" means an amount 77
127+equal to the taxpayer's taxable income as defined in subsection 78
128+(2), or such taxable income of more than one taxpayer as 79
129+provided in s. 220.131, for the taxable year, adjust ed as 80
130+follows: 81
131+ (a) Additions.—There shall be added to such taxable 82
132+income: 83
133+ 1.a. The amount of any tax upon or measured by income, 84
134+excluding taxes based on gross receipts or revenues, paid or 85
135+accrued as a liability to the District of Columbia or any sta te 86
136+of the United States which is deductible from gross income in 87
137+the computation of taxable income for the taxable year. 88
138+ b. Notwithstanding sub -subparagraph a., if a credit taken 89
139+under s. 220.1875, s. 220.1876, or s. 220.1877 is added to 90
140+taxable income in a previous taxable year under subparagraph 11. 91
141+and is taken as a deduction for federal tax purposes in the 92
142+current taxable year, the amount of the deduction allowed shall 93
143+not be added to taxable income in the current year. The 94
144+exception in this sub -subparagraph is intended to ensure that 95
145+the credit under s. 220.1875, s. 220.1876, or s. 220.1877 is 96
146+added in the applicable taxable year and does not result in a 97
147+duplicate addition in a subsequent year. 98
148+ 2. The amount of interest which is excluded from taxabl e 99
149+income under s. 103(a) of the Internal Revenue Code or any other 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162-those enumerated in s. 220.1895, those enumerated in s. 220.19 5, 101
163-those enumerated in s. 220.184, those enumerated in s. 220.186, 102
164-those enumerated in s. 220.1845, those enumerated in s. 220.19, 103
165-those enumerated in s. 220.185, those enumerated in s. 220.1875, 104
166-those enumerated in s. 220.1876, those enumerated in s. 105
167-220.1877, those enumerated in s. 220.193, those enumerated in s. 106
168-288.9916, those enumerated in s. 220.1899, those enumerated in 107
169-s. 220.194, those enumerated in s. 220.196, those enumerated in 108
170-s. 220.198, and those enumerated in s. 220.1915 , and those 109
171-enumerated in s. 220.199. 110
172- Section 4. Paragraph (a) of subsection (1) of section 111
173-220.13, Florida Statutes, is amended to read: 112
174- 220.13 "Adjusted federal income" defined. 113
175- (1) The term "adjusted federal income" means an amount 114
176-equal to the taxpayer's taxable i ncome as defined in subsection 115
177-(2), or such taxable income of more than one taxpayer as 116
178-provided in s. 220.131, for the taxable year, adjusted as 117
179-follows: 118
180- (a) Additions.—There shall be added to such taxable 119
181-income: 120
182- 1.a. The amount of any tax upon or me asured by income, 121
183-excluding taxes based on gross receipts or revenues, paid or 122
184-accrued as a liability to the District of Columbia or any state 123
185-of the United States which is deductible from gross income in 124
186-the computation of taxable income for the taxable y ear. 125
162+federal law, less the associated expenses disallowed in the 101
163+computation of taxable income under s. 265 of the Internal 102
164+Revenue Code or any other law, excluding 60 percent of any 103
165+amounts included in alternative minimum taxable income, as 104
166+defined in s. 55(b)(2) of the Internal Revenue Code, if the 105
167+taxpayer pays tax under s. 220.11(3). 106
168+ 3. In the case of a regulated investment company or real 107
169+estate investment trust, an amount equal to the exc ess of the 108
170+net long-term capital gain for the taxable year over the amount 109
171+of the capital gain dividends attributable to the taxable year. 110
172+ 4. That portion of the wages or salaries paid or incurred 111
173+for the taxable year which is equal to the amount of the credit 112
174+allowable for the taxable year under s. 220.181. This 113
175+subparagraph shall expire on the date specified in s. 290.016 114
176+for the expiration of the Florida Enterprise Zone Act. 115
177+ 5. That portion of the ad valorem school taxes paid or 116
178+incurred for the taxa ble year which is equal to the amount of 117
179+the credit allowable for the taxable year under s. 220.182. This 118
180+subparagraph shall expire on the date specified in s. 290.016 119
181+for the expiration of the Florida Enterprise Zone Act. 120
182+ 6. The amount taken as a credit under s. 220.195 which is 121
183+deductible from gross income in the computation of taxable 122
184+income for the taxable year. 123
185+ 7. That portion of assessments to fund a guaranty 124
186+association incurred for the taxable year which is equal to the 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199- b. Notwithstanding sub -subparagraph a., if a credit taken 126
200-under s. 220.1875, s. 220.1876, or s. 220.1877 is added to 127
201-taxable income in a previous taxable year under subparagraph 11. 128
202-and is taken as a deduction for federal tax purposes in the 129
203-current taxable year, the amount of the deduction allowed shall 130
204-not be added to taxable income in the current year. The 131
205-exception in this sub -subparagraph is intended to ensure that 132
206-the credit under s. 220.1875, s. 220.1876, or s. 220.1877 is 133
207-added in the applica ble taxable year and does not result in a 134
208-duplicate addition in a subsequent year. 135
209- 2. The amount of interest which is excluded from taxable 136
210-income under s. 103(a) of the Internal Revenue Code or any other 137
211-federal law, less the associated expenses disallo wed in the 138
212-computation of taxable income under s. 265 of the Internal 139
213-Revenue Code or any other law, excluding 60 percent of any 140
214-amounts included in alternative minimum taxable income, as 141
215-defined in s. 55(b)(2) of the Internal Revenue Code, if the 142
216-taxpayer pays tax under s. 220.11(3). 143
217- 3. In the case of a regulated investment company or real 144
218-estate investment trust, an amount equal to the excess of the 145
219-net long-term capital gain for the taxable year over the amount 146
220-of the capital gain dividends attributabl e to the taxable year. 147
221- 4. That portion of the wages or salaries paid or incurred 148
222-for the taxable year which is equal to the amount of the credit 149
223-allowable for the taxable year under s. 220.181. This 150
199+amount of the credit allo wable for the taxable year. 126
200+ 8. In the case of a nonprofit corporation which holds a 127
201+pari-mutuel permit and which is exempt from federal income tax 128
202+as a farmers' cooperative, an amount equal to the excess of the 129
203+gross income attributable to the pari -mutuel operations over the 130
204+attributable expenses for the taxable year. 131
205+ 9. The amount taken as a credit for the taxable year under 132
206+s. 220.1895. 133
207+ 10. Up to nine percent of the eligible basis of any 134
208+designated project which is equal to the credit allowable for 135
209+the taxable year under s. 220.185. 136
210+ 11. Any amount taken as a credit for the taxable year 137
211+under s. 220.1875, s. 220.1876, or s. 220.1877. The addition in 138
212+this subparagraph is intended to ensure that the same amount is 139
213+not allowed for the tax purposes of t his state as both a 140
214+deduction from income and a credit against the tax. This 141
215+addition is not intended to result in adding the same expense 142
216+back to income more than once. 143
217+ 12. The amount taken as a credit for the taxable year 144
218+under s. 220.193. 145
219+ 13. Any portion of a qualified investment, as defined in 146
220+s. 288.9913, which is claimed as a deduction by the taxpayer and 147
221+taken as a credit against income tax pursuant to s. 288.9916. 148
222+ 14. The costs to acquire a tax credit pursuant to s. 149
223+288.1254(5) that are deduct ed from or otherwise reduce federal 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236-subparagraph shall expire on the date specified in s. 2 90.016 151
237-for the expiration of the Florida Enterprise Zone Act. 152
238- 5. That portion of the ad valorem school taxes paid or 153
239-incurred for the taxable year which is equal to the amount of 154
240-the credit allowable for the taxable year under s. 220.182. This 155
241-subparagraph shall expire on the date specified in s. 290.016 156
242-for the expiration of the Florida Enterprise Zone Act. 157
243- 6. The amount taken as a credit under s. 220.195 which is 158
244-deductible from gross income in the computation of taxable 159
245-income for the taxable year. 160
246- 7. That portion of assessments to fund a guaranty 161
247-association incurred for the taxable year which is equal to the 162
248-amount of the credit allowable for the taxable year. 163
249- 8. In the case of a nonprofit corporation which holds a 164
250-pari-mutuel permit and which i s exempt from federal income tax 165
251-as a farmers' cooperative, an amount equal to the excess of the 166
252-gross income attributable to the pari -mutuel operations over the 167
253-attributable expenses for the taxable year. 168
254- 9. The amount taken as a credit for the taxable year under 169
255-s. 220.1895. 170
256- 10. Up to nine percent of the eligible basis of any 171
257-designated project which is equal to the credit allowable for 172
258-the taxable year under s. 220.185. 173
259- 11. Any amount taken as a credit for the taxable year 174
260-under s. 220.1875, s. 220 .1876, or s. 220.1877. The addition in 175
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269-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273-this subparagraph is intended to ensure that the same amount is 176
274-not allowed for the tax purposes of this state as both a 177
275-deduction from income and a credit against the tax. This 178
276-addition is not intended to result in a dding the same expense 179
277-back to income more than once. 180
278- 12. The amount taken as a credit for the taxable year 181
279-under s. 220.193. 182
280- 13. Any portion of a qualified investment, as defined in 183
281-s. 288.9913, which is claimed as a deduction by the taxpayer and 184
282-taken as a credit against income tax pursuant to s. 288.9916. 185
283- 14. The costs to acquire a tax credit pursuant to s. 186
284-288.1254(5) that are deducted from or otherwise reduce federal 187
285-taxable income for the taxable year. 188
286- 15. The amount taken as a credit for the taxable year 189
287-pursuant to s. 220.194. 190
288- 16. The amount taken as a credit for the taxable year 191
289-under s. 220.196. The addition in this subparagraph is intended 192
290-to ensure that the same amount is not allowed for the tax 193
291-purposes of this state as both a deductio n from income and a 194
292-credit against the tax. The addition is not intended to result 195
293-in adding the same expense back to income more than once. 196
294- 17. The amount taken as a credit for the taxable year 197
295-pursuant to s. 220.198. 198
296- 18. The amount taken as a credit for the taxable year 199
297-pursuant to s. 220.1915. 200
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306-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310- 19. The amount taken as a credit for the taxable year 201
311-pursuant to s. 220.199. 202
312- Section 5. This act shall take effect July 1, 2023. 203
236+taxable income for the taxable year. 151
237+ 15. The amount taken as a credit for the taxable year 152
238+pursuant to s. 220.194. 153
239+ 16. The amount taken as a credit for the taxable year 154
240+under s. 220.196. The addition in this subparag raph is intended 155
241+to ensure that the same amount is not allowed for the tax 156
242+purposes of this state as both a deduction from income and a 157
243+credit against the tax. The addition is not intended to result 158
244+in adding the same expense back to income more than once. 159
245+ 17. The amount taken as a credit for the taxable year 160
246+pursuant to s. 220.198. 161
247+ 18. The amount taken as a credit for the taxable year 162
248+pursuant to s. 220.1915. 163
249+ 19. The amount taken as a credit for the taxable year 164
250+pursuant to s. 220.199. 165
251+ Section 4. This act shall take effect July 1, 2023. 166