Florida 2024 Regular Session

Florida House Bill H1183 Latest Draft

Bill / Introduced Version Filed 01/03/2024

                               
 
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A bill to be entitled 1 
An act relating to the Florida Main Street Program and 2 
historic preservation tax credits; creating s. 3 
220.197, F.S.; providing a short title; defining 4 
terms; specifying eligibility requirements for 5 
receiving specified tax credits; specifying 6 
requirements for the Department of Revenue relating to 7 
approving and denying certain applications and 8 
granting credits; specifying requirements for such tax 9 
credits; requiring applications to be rolled forward 10 
in certain circumstances; authorizing the 11 
carryforward, sale, and transfer of such tax credits; 12 
providing a limitation; authorizing the department to 13 
perform certain audits and examinations; specifying 14 
requirements for taxpayers; authorizing the department 15 
to issue a notice of deficiency under certain 16 
circumstances; providing penalties; requiring the 17 
department to submit specified annual reports to the 18 
Legislature; providing duties of the department; 19 
authorizing the department to adopt rules; amending s. 20 
213.053, F.S.; authorizing the department to make 21 
certain information available to the Division of 22 
Historical Resources and the Secretary of the United 23 
States Department of the Interior for specified 24 
purposes; amending s. 220.02, F.S.; revising the order 25     
 
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in which tax credits against the corporate income tax 26 
or the franchise tax are applied; amending s. 220.13, 27 
F.S.; revising the definition of the term "adjusted 28 
federal income"; amending s. 624.509, F.S.; revising 29 
the order in which tax credits and deductions against 30 
the insurance premium tax are applied; creating s. 31 
624.5095, F.S.; authorizing certain tax credits to be 32 
used against a specified tax; providing applicability; 33 
providing construction; authorizing the Department of 34 
Revenue to adopt emergency rules for a specified 35 
timeframe; providing for expiration of such a uthority; 36 
providing applicability; providing effective dates. 37 
 38 
 WHEREAS, historic revitalization creates highly paid local 39 
construction jobs, and 40 
 WHEREAS, historic rehabilitation increases the value of 41 
buildings and results in a growing state and loca l tax base, and 42 
 WHEREAS, historic revitalization boosts heritage tourism 43 
and creates thriving downtowns that are attractive to main 44 
street businesses, and 45 
 WHEREAS, reusing historic buildings creates affordable 46 
spaces for small business incubation, and 47 
 WHEREAS, repurposing historic buildings saves resources and 48 
activates vacant spaces, and 49 
 WHEREAS, historic rehabilitation projects leverage 50     
 
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significant private investment, and 51 
 WHEREAS, leveraging state tax incentives increases the 52 
effectiveness of federal Historic Preservation Tax Incentives 53 
and the Opportunity Zones Program to encourage the historic 54 
preservation of existing buildings, and 55 
 WHEREAS, an increase in rehabilitation activity occurs when 56 
a state incentive is combined with federal Historic Prese rvation 57 
Tax Incentives, and 58 
 WHEREAS, many historic buildings in this state need safety 59 
upgrades and other improvements that require both public and 60 
private investment to return these buildings as assets of their 61 
local communities, NOW, THEREFORE , 62 
 63 
Be It Enacted by the Legislature of the State of Florida: 64 
 65 
 Section 1.  Section 220.197, Florida Statutes, is created 66 
to read: 67 
 220.197  Main Street Historical Tourism and Revitalization 68 
Act; tax credits; reports. — 69 
 (1)  SHORT TITLE.—This act may be cited as the "Main Street 70 
Historical Tourism and Revitalization Act." 71 
 (2)  DEFINITIONS.—As used in this section, the term: 72 
 (a)  "Active Main Street program" means an area 73 
participating under a recognized coordinated Main Street America 74 
licensed program or the Orlando Main Streets program. An Active 75     
 
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Main Street program must: 76 
 1.  Have broad-based community support for the comme rcial 77 
district revitalization process with strong support from the 78 
public and private sectors. 79 
 2.  Have a developed vision and mission statement relevant 80 
to community conditions. 81 
 3.  Have a comprehensive work plan. 82 
 4.  Possess a historic preservation et hic. 83 
 5.  Have an active board of directors and committees. 84 
 6.  Have an adequate operating budget. 85 
 7.  Have a paid professional program manager. 86 
 8.  Conduct a program of ongoing training for staff and 87 
volunteers. 88 
 9.  Report key statistics. 89 
 10.  Be a current designated Florida Main Street program. 90 
 (b)  "Affordable housing unit" means a housing unit that is 91 
affordable, as defined in s. 420.0004(3). 92 
 (c)  "Certified historic structure" means a building and 93 
its structural components, as defined in 36 C.F. R. s. 67.2, 94 
which is of a character subject to the allowance for 95 
depreciation provided in s. 167 of the Internal Revenue Code of 96 
1986, as amended, and which is: 97 
 1.  Individually listed in the National Register of 98 
Historic Places; or 99 
 2.  Located within a registered historic district and 100     
 
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certified by the United States Secretary of the Interior as 101 
being of historic significance to the registered historic 102 
district as set forth in 36 C.F.R. s. 67.2. 103 
 (d)  "Certified rehabilitation" means the rehabilitation of 104 
a certified historic structure that the United States Secretary 105 
of the Interior has certified to the United States Secretary of 106 
the Treasury as being consistent with the historic character of 107 
the certified historic structure and, if applicable, consistent 108 
with the registered historic district in which the certified 109 
historic structure is located as set forth in 36 C.F.R. s. 67.2. 110 
 (e)  "Division" means the Division of Historical Resources 111 
of the Department of State. 112 
 (f)  "Florida Main Street program" means a statewide 113 
historic preservation -based downtown revitalization assistance 114 
program created, maintained, and administered by the division 115 
under s. 267.031(5). 116 
 (g)  "Local program area" means the specific geographic 117 
area in which an Active Main Street progr am is conducted as 118 
approved and maintained by the division or in which the Orlando 119 
Main Streets program is conducted. 120 
 (h)  "Long-term leasehold" means a leasehold in a 121 
nonresidential real property for a term of 39 years or more or a 122 
leasehold in a residen tial real property for a term of 27.5 123 
years or more. 124 
 (i)  "National Register of Historic Places" means the list 125     
 
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of historic properties significant in American history, 126 
architecture, archeology, engineering, and culture maintained by 127 
the United States Secr etary of the Interior as authorized in 54 128 
U.S.C. s. 302101. 129 
 (j)  "Orlando Main Streets program" means a historic 130 
preservation-based district revitalization program administered 131 
by the City of Orlando. 132 
 (k)  "Placed in service" means when the property is p laced 133 
in a condition or state of readiness and availability for a 134 
specifically assigned function. A building is placed in service 135 
when the appropriate work has been completed which would allow 136 
for occupancy of either the entire building or some identifiabl e 137 
portion of the building as detailed in Treasury Regulation 1.46 -138 
3(d). 139 
 (l)  "Qualified expenses" means rehabilitation expenditures 140 
that qualify for the credit under 26 U.S.C. s. 47 incurred in 141 
this state. 142 
 (m)  "Registered historic district" means a dist rict listed 143 
in the National Register of Historic Places or a district: 144 
 1.  Designated under general law or local ordinance and 145 
certified by the United States Secretary of the Interior as 146 
meeting criteria that will substantially achieve the purposes of 147 
preserving and rehabilitating buildings of historic significance 148 
to the district; and 149 
 2.  Certified by the United States Secretary of the 150     
 
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Interior as meeting substantially all of the requirements for 151 
listing a district in the National Register of Historic Pl aces. 152 
 (3)  ELIGIBILITY FOR TAX CREDIT. —For taxable years 153 
beginning on or after January 1, 2025, there is allowed a credit 154 
against any tax due for a taxable year under this chapter after 155 
the application of any other allowable credits by the taxpayer. 156 
 (a)  To claim and receive a tax credit under this section, 157 
a taxpayer must submit an application to the department for a 158 
tax credit for qualified expenses in the amount and under the 159 
conditions and limitations provided in this section against the 160 
tax due for a taxable year under this chapter and must provide 161 
the department with all of the following: 162 
 1.  An official certificate of eligibility from the 163 
division, signed by the State Historic Preservation Officer or 164 
the Deputy State Historic Preservation Officer, attesting that 165 
the project has been approved by the National Park Service and 166 
indicating whether the project is located within a local program 167 
area in this state. 168 
 2.  National Park Service Form 10 -168c (Rev. 2023), titled 169 
"Historic Preservation Certificat ion Application Part 3 -Request 170 
for Certification of Completed Work," or a similar form, signed 171 
by an officer of the National Park Service, attesting that the 172 
completed rehabilitation meets the United States Secretary of 173 
the Interior's Standards for Rehabil itation and is consistent 174 
with the historic character of the property and, if applicable, 175     
 
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the district in which the completed rehabilitation is located. 176 
The form may be obtained through the National Park Service. 177 
 3.  An identification of the dates during which the 178 
certified historic structure was rehabilitated and the date on 179 
which the certified historic structure was placed in service. 180 
 4.  Documentation that the taxpayer had an ownership or a 181 
long-term leasehold interest in the certified historic structu re 182 
in the year during which such structure was placed in service 183 
after the certified rehabilitation was completed. 184 
 5.  A list of total qualified expenses incurred by the 185 
taxpayer in rehabilitating the certified historic structure. The 186 
taxpayer must submit an audited cost report issued by a 187 
certified public accountant which itemizes the qualified 188 
expenses incurred in rehabilitating the certified historic 189 
structure. 190 
 6.  An attestation of the total qualified expenses incurred 191 
in this state by the taxpayer in rehabilitating the certified 192 
historic structure in this state. 193 
 7.  The information required to be reported by the 194 
department in subsection (8) to enable the department to compile 195 
its annual report. 196 
 (b)  Within 60 days after receipt of the information 197 
required under paragraph (a), the department must approve or 198 
deny the application. If approved, the department must provide a 199 
letter of certification to the taxpayer consistent with any 200     
 
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restrictions imposed. If the department denies any part of the 201 
requested credit, the department must inform the taxpayer of the 202 
grounds for the denial. 203 
 (4)  AMOUNT AND DISTRIBUTION OF TAX CREDIT. — 204 
 (a)  The total tax credit claimed annually may not exceed 205 
the amount of tax due after any other applicable tax credits and 206 
may not exceed the following: 207 
 1.  Twenty percent, up to a maximum of $200,000, of the 208 
total qualified expenses incurred in this state in 209 
rehabilitating at least one certified historic structure that 210 
has been approved by the National Park Service to receive the 211 
federal historic rehabilitation tax credit; or 212 
 2.  Thirty percent, up to a maximum of $200,000, of the 213 
total qualified expenses incurred in this state in 214 
rehabilitating at least one certified historic structure that 215 
has been approved by the National Park Service to receive the 216 
federal historic rehabilitation tax credit and that is located 217 
within a local program area in this state. 218 
 (b)  The tax credit may be used to offset the corporate 219 
income tax imposed in s. 220.11 and the insurance premium tax 220 
imposed in s. 624.509. An insurer claiming a credit against 221 
insurance premium tax liability under this section may not be 222 
required to pay any additional retaliatory tax levied pursuant 223 
to s. 624.5091 as a result of claiming such credit. Section 224 
624.5091 does not limit such credit in any manner. 225     
 
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 (c)  The combined total amount of tax credits that may be 226 
granted for all taxpayers under this section is $25 million per 227 
state fiscal year. 228 
 (d)  A taxpayer may not receive more than $1 million in tax 229 
credits for a single development project, even if such credits 230 
are accrued over multiple tax years. However, additional tax 231 
credits purchased from another taxpayer or entity, and carryover 232 
tax credits from a prior tax year, may be used by such taxpayer 233 
if the additional tax cr edits were accrued from a different 234 
development project. 235 
 (e)  The department shall award the tax credits on a first -236 
come, first-served basis. 237 
 (f)  If the annual amount of approved tax credits exceeds 238 
the maximum provided in paragraph (c), applications sh all be 239 
rolled forward to be granted by the department during the 240 
following fiscal year. 241 
 (5)  CARRYFORWARD OF TAX CREDIT. — 242 
 (a)  If a taxpayer is eligible for a tax credit that 243 
exceeds taxes owed, the taxpayer may carry the unused tax credit 244 
forward for a period of up to 5 taxable years. 245 
 (b)  A carryforward is considered the remaining portion of 246 
a tax credit that cannot be claimed in the current tax year. 247 
 (6)  SALE OR TRANSFER OF TAX CREDIT. — 248 
 (a)  A taxpayer that incurs qualified expenses may sell or 249 
transfer all or part of the tax credit that may otherwise be 250     
 
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claimed to another taxpayer. 251 
 (b)  A taxpayer to which all or part of the tax credit is 252 
sold or transferred may sell or transfer all or part of the tax 253 
credit that may otherwise be claimed to anothe r taxpayer. 254 
 (c)  A taxpayer that sells or transfers a tax credit to 255 
another taxpayer must provide a copy of the certificate of 256 
eligibility together with the audited cost report to the 257 
purchaser or transferee. 258 
 (d)  Qualified expenses may be counted only o nce in 259 
determining the amount of an available tax credit, and more than 260 
one taxpayer may not claim a tax credit for the same qualified 261 
expenses. 262 
 (e)  There is a limit of two transactions for the sale or 263 
transfer of all or part of a tax credit. 264 
 1.  A taxpayer that sells or transfers a tax credit under 265 
this subsection and the purchaser or transferee shall jointly 266 
submit written notice of the sale or transfer to the department 267 
on a form adopted by the department no later than the 30th day 268 
after the date of the sale or transfer. The notice must include 269 
all of the following: 270 
 a.  The date of the sale or transfer. 271 
 b.  The amount of the tax credit sold or transferred. 272 
 c.  The name and federal tax identification number of the 273 
taxpayer that sold or transferred the tax credit and the 274 
purchaser or transferee. 275     
 
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 d.  The amount of the tax credit owned by the taxpayer 276 
before the sale or transfer and the amount the selling or 277 
transferring taxpayer retained, if any, after the sale or 278 
transfer. 279 
 2.  The sale or transfer of a tax credit under this 280 
subsection does not extend the period for which a tax credit may 281 
be carried forward and does not increase the total amount of the 282 
tax credit that may be claimed. 283 
 3.  If a taxpayer claims a tax credit for qualified 284 
expenses, another taxpayer may not use the same expenses as the 285 
basis for claiming a tax credit. 286 
 4.  Notwithstanding the requirements of this subsection, a 287 
tax credit earned by, purchased by, or transferred to a 288 
partnership, limited liability company, S corporation, or other 289 
pass-through entity may be allocated to the partners, members, 290 
or shareholders of that entity and claimed under this section in 291 
accordance with any agreement among the partners, members, or 292 
shareholders and without regard to the ownership interest o f the 293 
partners, members, or shareholders in the rehabilitated 294 
certified historic structure. 295 
 (f)  If the tax credit is reduced due to a determination, 296 
examination, or audit by the department, the tax deficiency 297 
shall be recovered from the taxpayer that sol d or transferred 298 
the tax credit or the purchaser or transferee that claimed the 299 
tax credit up to the amount of the tax credit taken. 300     
 
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 (g)  Any subsequent deficiencies shall be assessed against 301 
the purchaser or transferee that claimed the tax credit or, in 302 
the case of multiple succeeding entities, in the order of tax 303 
credit succession. 304 
 (7)  AUDIT AUTHORITY; REVOCATION AND FORFEITURE OF TAX 305 
CREDITS; FRAUDULENT CLAIMS. — 306 
 (a)  The department may perform any additional financial 307 
and technical audits and examina tions, including examining the 308 
accounts, books, or records of the taxpayer, to verify the 309 
legitimacy of the qualified expenses included in a tax credit 310 
return and to ensure compliance with this section. If requested 311 
by the department, the division must pro vide technical 312 
assistance for any technical audits or examinations performed 313 
under this subsection. 314 
 (b)  It is grounds for forfeiture of previously claimed and 315 
received tax credits if the department determines, as a result 316 
of an audit or information recei ved from the department, the 317 
division, or the United States Department of the Interior or 318 
Internal Revenue Service, that a taxpayer received a tax credit 319 
pursuant to this section to which the taxpayer was not entitled. 320 
In the case of fraud, the taxpayer ma y not claim any future tax 321 
credits under this section. 322 
 (c)  The taxpayer must return forfeited tax credits to the 323 
department, and such funds shall be paid into the General 324 
Revenue Fund. 325     
 
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 (d)  The taxpayer shall file with the department an amended 326 
tax return or such other report as the department prescribes and 327 
shall pay any required tax within 60 days after the taxpayer 328 
receives notification from the United States Internal Revenue 329 
Service that a previously approved tax credit has been revoked 330 
or modified, if uncontested, or within 60 days after a final 331 
order is issued following proceedings involving a contested 332 
revocation or modification order. 333 
 (e)  A notice of deficiency may be issued by the department 334 
at any time within 5 years after the date on which th e taxpayer 335 
receives notification from the United States Internal Revenue 336 
Service that a previously approved tax credit has been revoked 337 
or modified. If a taxpayer fails to notify the department of any 338 
change in its tax credit claimed, a notice of deficienc y may be 339 
issued at any time. In either case, the amount of any proposed 340 
assessment set forth in such notice of deficiency is limited to 341 
the amount of any deficiency resulting under this section from 342 
the recomputation of the taxpayer's tax for the taxable y ear. 343 
 (f)  A taxpayer that fails to report and timely pay any tax 344 
due as a result of the forfeiture of its tax credit violates 345 
this section and is subject to applicable penalties and 346 
interest. 347 
 (8)  ANNUAL REPORT.—Based on the applications submitted and 348 
approved, the department must submit a report by December 1 of 349 
each year to the President of the Senate and the Speaker of the 350     
 
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House of Representatives that identifies, in the aggregate, all 351 
of the following: 352 
 (a)  The number of people employed during the co nstruction 353 
phases of the certified rehabilitation who worked to complete 354 
the project, including contractors and subcontractors. 355 
 (b)  The use of each newly rehabilitated building and the 356 
number of additional people employed for ongoing operations 357 
after the certified historic structure is placed in service. 358 
 (c)  The number of affordable housing units created or 359 
preserved. 360 
 (d)  The property values before and after the certified 361 
rehabilitations. 362 
 (9)  DEPARTMENT DUTIES. —The department shall: 363 
 (a)  Establish or amend any necessary forms required to 364 
claim a tax credit under this section. 365 
 (b)  Provide administrative guidelines and procedures 366 
required to administer this section, including rules 367 
establishing an entitlement to and sale or transfer of a tax 368 
credit under this section. 369 
 (c)  Provide examination and audit procedures required to 370 
administer this section. 371 
 (10)  RULES.—The department may adopt rules to administer 372 
this section. 373 
 Section 2.  Subsection (24) is added to section 213.053, 374 
Florida Statutes, to read: 375     
 
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 213.053  Confidentiality and information sharing. — 376 
 (24)  The department may make available to the Division of 377 
Historical Resources of the Department of State and the 378 
Secretary of the United States Department of the Interior or his 379 
or her delegate, exclusively for official purposes, information 380 
for the purposes of administering the Main Street Historical 381 
Tourism and Revitalization Act pursuant to s. 220.197. 382 
 Section 3.  Subsection (8) of section 220.02, Florida 383 
Statutes, is amended to read: 384 
 220.02  Legislative intent. — 385 
 (8)  It is the intent of the Legislature that credits 386 
against either the corporate income tax or the franchise tax be 387 
applied in the following order: those enumerated in s. 631.828, 388 
those enumerated in s. 220.191, those enumer ated in s. 220.181, 389 
those enumerated in s. 220.183, those enumerated in s. 220.182, 390 
those enumerated in s. 220.1895, those enumerated in s. 220.195, 391 
those enumerated in s. 220.184, those enumerated in s. 220.186, 392 
those enumerated in s. 220.1845, those enum erated in s. 220.19, 393 
those enumerated in s. 220.185, those enumerated in s. 220.1875, 394 
those enumerated in s. 220.1876, those enumerated in s. 395 
220.1877, those enumerated in s. 220.1878, those enumerated in 396 
s. 220.193, those enumerated in former s. 288.9916, those 397 
enumerated in former s. 220.1899, those enumerated in former s. 398 
220.194, those enumerated in s. 220.196, those enumerated in s. 399 
220.198, those enumerated in s. 220.1915, those enumerated in s. 400     
 
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220.199, and those enumerated in s. 220.1991 , and those 401 
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 411 
income: 412 
 1.a.  The amount of any tax u pon or measured by income, 413 
excluding taxes based on gross receipts or revenues, paid or 414 
accrued as a liability to the District of Columbia or any state 415 
of the United States which is deductible from gross income in 416 
the computation of taxable income for the taxable year. 417 
 b.  Notwithstanding sub -subparagraph a., if a credit taken 418 
under s. 220.1875, s. 220.1876, s. 220.1877, or s. 220.1878 is 419 
added to taxable income in a previous taxable year under 420 
subparagraph 11. and is taken as a deduction for federal tax 421 
purposes in the current taxable year, the amount of the 422 
deduction allowed shall not be added to taxable income in the 423 
current year. The exception in this sub -subparagraph is intended 424 
to ensure that the credit under s. 220.1875, s. 220.1876, s. 425     
 
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220.1877, or s. 220.1878 is added in the applicable taxable year 426 
and does not result in a duplicate addition in a subsequent 427 
year. 428 
 2.  The amount of interest which is excluded from taxable 429 
income under s. 103(a) of the Internal Revenue Code or any other 430 
federal law, less the associated expenses disallowed in the 431 
computation of taxable income under s. 265 of the Internal 432 
Revenue Code or any other law, excluding 60 percent of any 433 
amounts included in alternative minimum taxable income, as 434 
defined in s. 55(b)(2) of the Int ernal Revenue Code, if the 435 
taxpayer pays tax under s. 220.11(3). 436 
 3.  In the case of a regulated investment company or real 437 
estate investment trust, an amount equal to the excess of the 438 
net long-term capital gain for the taxable year over the amount 439 
of the capital gain dividends attributable to the taxable year. 440 
 4.  That portion of the wages or salaries paid or incurred 441 
for the taxable year which is equal to the amount of the credit 442 
allowable for the taxable year under s. 220.181. This 443 
subparagraph shall e xpire on the date specified in s. 290.016 444 
for the expiration of the Florida Enterprise Zone Act. 445 
 5.  That portion of the ad valorem school taxes paid or 446 
incurred for the taxable year which is equal to the amount of 447 
the credit allowable for the taxable yea r under s. 220.182. This 448 
subparagraph shall expire on the date specified in s. 290.016 449 
for the expiration of the Florida Enterprise Zone Act. 450     
 
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 6.  The amount taken as a credit under s. 220.195 which is 451 
deductible from gross income in the computation of tax able 452 
income for the taxable year. 453 
 7.  That portion of assessments to fund a guaranty 454 
association incurred for the taxable year which is equal to the 455 
amount of the credit allowable for the taxable year. 456 
 8.  In the case of a nonprofit corporation which hol ds a 457 
pari-mutuel permit and which is exempt from federal income tax 458 
as a farmers' cooperative, an amount equal to the excess of the 459 
gross income attributable to the pari -mutuel operations over the 460 
attributable expenses for the taxable year. 461 
 9.  The amount taken as a credit for the taxable year under 462 
s. 220.1895. 463 
 10.  Up to nine percent of the eligible basis of any 464 
designated project which is equal to the credit allowable for 465 
the taxable year under s. 220.185. 466 
 11.  Any amount taken as a credit for the tax able year 467 
under s. 220.1875, s. 220.1876, s. 220.1877, or s. 220.1878. The 468 
addition in this subparagraph is intended to ensure that the 469 
same amount is not allowed for the tax purposes of this state as 470 
both a deduction from income and a credit against the t ax. This 471 
addition is not intended to result in adding the same expense 472 
back to income more than once. 473 
 12.  The amount taken as a credit for the taxable year 474 
under s. 220.193. 475     
 
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 13.  The amount taken as a credit for the taxable year 476 
under s. 220.196. The ad dition in this subparagraph is intended 477 
to ensure that the same amount is not allowed for the tax 478 
purposes of this state as both a deduction from income and a 479 
credit against the tax. The addition is not intended to result 480 
in adding the same expense back to income more than once. 481 
 14.  The amount taken as a credit for the taxable year 482 
pursuant to s. 220.198. 483 
 15.  The amount taken as a credit for the taxable year 484 
pursuant to s. 220.1915. 485 
 16.  The amount taken as a credit for the taxable year 486 
pursuant to s. 220.199. 487 
 17.  The amount taken as a credit for the taxable year 488 
pursuant to s. 220.1991. 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     
 
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allowed under s. 624.51057; the credit allowed under s. 501 
624.51058; the credit allowed under s. 6 24.5095; and all other 502 
available credits and deductions. 503 
 Section 6.  Section 624.5095, Florida Statutes, is created 504 
to read: 505 
 624.5095  Premium tax credits related to historic 506 
preservation.— 507 
 (1)  Tax credits accrued through a certified rehabilitation 508 
as defined in s. 220.197 and 36 C.F.R. s. 67.2 may be used 509 
against any tax due for the taxable year under s. 624.509(1), as 510 
limited under s. 624.509(6). 511 
 (2)  The certified rehabilitation may eit her be completed 512 
by the insurer pursuant to s. 220.197 or the insurer may 513 
purchase the tax credit from a different entity that accrued or 514 
purchased the tax credit pursuant s. 220.197. 515 
 (3)  An insurer claiming a tax credit under this section is 516 
not required to pay any additional retaliatory tax levied 517 
pursuant to s. 624.5091 as a result of claiming such credit. The 518 
tax credit under this section is not limited by s. 624.5091. 519 
 Section 7.  (1)  The Department of Revenue may, and all 520 
conditions are deemed m et to, adopt emergency rules under s. 521 
120.54(4), Florida Statutes, for the purpose of implementing the 522 
Main Street Historical Tourism and Revitalization Act. 523 
 (2)  Notwithstanding any other law, emergency rules adopted 524 
under this section are effective for 6 months after adoption and 525     
 
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may be renewed during the pendency of procedures to adopt 526 
permanent rules addressing the subject of the emergency rules. 527 
 (3)  This section shall take effect upon this act becoming 528 
a law and expires July 1, 2025. 529 
 Section 8.  This act applies to taxable years beginning, 530 
and for qualified expenses incurred, on or after January 1, 531 
2025. 532 
 Section 9.  Except as otherwise expressly provided in this 533 
act and except for this section, which shall take effect upon 534 
becoming a law, this act shall take effect July 1, 2024. 535