THE BILL ITSELF
HB 1305
Resilient Buildings
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A bill to be entitled
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An act relating to resilient buildings; creating s.
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220.197, F.S.; defining the term "resilient building";
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specifying that owners of resilient buildings are
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eligible to receive a specified tax credit; specifying
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that a resilient building may qualify for such tax
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credit only once; requiring building owners to file a
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specified application with the Department of Business
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and Professional Regulation by a specified date in
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order to claim such tax credit; authorizing the
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department to accept such applications electronically;
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specifying requirements for such applications;
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authorizing the department to publish certain data in
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a specified manner; requiring the department to take
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certain actions; requiring a building owner to attach
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a specified letter to certain tax returns; providing
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that a building owner may file only one application
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with the department; providing exceptions; specifying
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the amounts of the tax credit; authorizing a building
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owner to carry forward the unused amount of a tax
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credit to a subsequent tax year; authorizing the
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transfer of all or part of the tax credits under
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certain conditions; specifying requirements for
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transfer agreements; requiring the department to
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rescind eligibility for the tax credit under certain
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circumstances; providing the maximum value of credits
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authorized in a fiscal year; requiring tax credits to
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be allocated in a specified manner; requiring tax
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credits to be processed in a specified manner in
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certain circumstances; requiring the Department of
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Revenue and the Department of Business and
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Professional Regulation to adopt rules; creating s.
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553.972, F.S.; creating the Florida Resilient Building
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Advisory Council adjunct to the Department of Business
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and Professional Regulation; providing the purpose of
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the advisory council; requiring the department to post
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certain policies on its website; providing for the
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membership and meetings of the advisory council;
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requiring the council to create a report beginning on
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a specified date reviewing the effectiveness and
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implementation of a certain tax credit and making
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recommendations; requiring the department to provide
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the advisory council with staffing and administrative
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assistance; providing for expiration of the advisory
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council; amending ss. 213.053, 220.02, and 220.13,
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F.S.; conforming provisions to changes made by the
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act; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 220.197, Florida Statutes, is created
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to read:
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220.197 Resilient building tax credit program.—
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(1) As used in this section, the term "resilient building"
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means any of the following:
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(a) A building that has a Leadership in Energy and
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Environmental Design (LEED) certificate of silver, gold, or
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platinum in building design and construction (BD+C), which
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certificate meets the requirements for the LEED resilience
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pathway.
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(b) A building that has a LEED certificate of silver,
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gold, or platinum in operations and maintenance (O+M), which
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certificate meets the requirements for the LEED resilience
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pathway.
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(2) For taxable years beginning on or after January 1,
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2027, the owner of a resilient building is eligible to receive a
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credit against the tax imposed by this chapter as specified in
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subsection (3). A resilient building may qualify for the tax
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credit under this section only once.
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(a) To claim a credit under this section, a building owner
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must file an application for a tax credit with the Department of
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Business and Professional Regulation on a form prescribed by the
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Department of Business and Professional Regulation no later than
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March 1 of the year immediately following the year of the
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building's LEED certification. The Department of Business and
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Professional Regulation may allow applications to be filed
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electronically. The building owner must verify the application
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under oath, under the penalty of perjury, and the application
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must contain all of the following:
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1. Documentation evidencing the type of LEED certification
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that was granted for the building that is the subject of the
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application.
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2. The date on which LEED certification was granted.
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3. A statement by the building owner that, for the purpose
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of research, the resilient building's energy use information
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will be reported every year of the 5-year credit period to the
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Department of Business and Professional Regulation using the
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ENERGY STAR Portfolio Manager. The Department of Business and
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Professional Regulation may publish the reported energy use
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information but may disclose such data only in the aggregate or
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individually without identifying information.
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4. Other information the Department of Business and
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Professional Regulation deems necessary to make a proper review
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and determine eligibility.
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(b) No later than 30 days after a building owner submits a
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completed application for the tax credit, the Department of
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Business and Professional Regulation shall do one of the
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following:
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1. If the building owner is not eligible for a tax credit,
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notify the building owner in writing of the reasons the building
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owner is not entitled to a tax credit.
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2. If the building owner is eligible for a tax credit,
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issue a letter to the building owner which includes the name of
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the taxpayer, the address of the resilient building, the amount
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of the tax credit as specified in subsection (3), and the tax
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years for which the building owner is eligible for the tax
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credit. The building owner must attach the letter from the
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Department of Business and Professional Regulation to the tax
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return on which the credit is claimed.
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(c) A building owner may file only one application with
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the Department of Business and Professional Regulation for each
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resilient building, except that a building owner may file a
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subsequent application if the building owner's first application
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was denied or withdrawn because of errors or omissions in the
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application, and the building owner corrected such errors or
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omissions in the subsequent application.
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(3) If the resilient building that is the subject of an
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application filed under subsection (2) has:
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(a) A gold or silver BD+C LEED certification that fulfills
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the LEED resilience pathway, the building owner may receive a
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tax credit equal to 50 cents per square foot of the building
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every year for 5 years.
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(b) A platinum BD+C LEED certification that fulfills the
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LEED resilience pathway, the building owner may receive a tax
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credit equal to $1 per square foot of the building every year
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for 5 years.
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(c) A gold or silver O+M LEED certification that fulfills
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the LEED resilience pathway, the building owner may receive a
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tax credit equal to $1 per square foot of the building every
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year for 5 years.
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(d) A platinum O+M LEED certification that fulfills the
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LEED resilience pathway, the building owner may receive a tax
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credit equal to $2 per square foot of the building every year
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for 5 years.
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(4)(a) If the credit granted under this section is not
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fully used in any one taxable year because of insufficient tax
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liability on the part of the building owner, or because the
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building owner is not subject to tax under this chapter, the
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unused amount may be carried forward for a period not to exceed
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5 taxable years or may be transferred in accordance with
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paragraph (b). The carryover or transferred credit may be used
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in the year approved or any of the 5 subsequent taxable years
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when the tax imposed by this chapter for that taxable year
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exceeds the credit for which the building owner or transferee
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under paragraph (b) is eligible in that taxable year under this
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subsection and after applying the other credits and unused
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carryovers in the order provided by s. 220.02(8).
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(b)1. The credit under this section may be transferred, in
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whole or in part:
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a. By written agreement to a taxpayer subject to the tax
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under this chapter; and
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b. At any time after receipt of the letter of eligibility
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specified in subparagraph (2)(b)2., or during the 5 taxable
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years following the taxable year the credit was originally
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earned by the building owner.
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2. The written agreement required for transfer under this
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paragraph must:
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a. Be filed jointly by the building owner and the
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transferee with the department within 30 days after the
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transfer, in accordance with rules adopted by the department;
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and
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b. Contain all of the following information:
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(I) The name, address, and taxpayer identification number
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for the building owner and the transferee.
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(II) The amount of the credit being transferred.
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(III) The taxable year in which the credit was originally
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earned by the building owner.
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(IV) The remaining taxable years for which the credit may
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be claimed.
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(5) If the recipient of the credit granted under this
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section in any year fails to provide the energy use information
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required under subparagraph (2)(a)3., the Department of Business
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and Professional Regulation must rescind the authorization for
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the credit. Within 10 days after the date on which the building
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owner was required to report the information, the Department of
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Business and Professional Regulation shall send a notice
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informing the recipient of the credit of the Department of
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Business and Professional Regulation's intent to rescind the
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credit. If the recipient does not provide the information within
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20 days after the date the notice was sent, the Department of
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Business and Professional Regulation must notify the department
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of the rescindment of the recipient's tax credit, and the
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department may not allow the credit to be taken.
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(6)(a) Except as provided in paragraph (b), the total
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amount of the tax credits which may be granted under this
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section is $50 million in each fiscal year. The Department of
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Business and Professional Regulation shall approve tax credits
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on a first-come, first-served basis. For tax credits that span
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multiple tax years, priority is based on the date the first
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application was received.
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(b) If the $50 million dollar cap is met in any fiscal
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year, the Department of Business and Professional Regulation
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shall approve new applications with a deferred date of the next
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fiscal year when tax credits are available.
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(7) The department and the Department of Business and
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Professional Regulation shall adopt rules to implement this
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section.
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Section 2. Section 553.972, Florida Statutes, is created
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to read:
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553.972 Florida Resilient Building Advisory Council.—
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(1) The Florida Resilient Building Advisory Council, an
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advisory council as defined in s. 20.03(7), is created adjunct
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to the department. The purpose of the advisory council is to
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provide the department and the Legislature with recommendations
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on policies to foster and enhance resilient buildings and
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hurricane resiliency in this state.
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(2) The department shall post on its website any proposed
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policies from the advisory council.
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(3) The advisory council shall be composed of the
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following members, who shall serve at the pleasure of their
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appointing authorities:
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(a) A representative of the Florida State University, who
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shall serve as co-chair and be appointed by the Governor.
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(b) A representative of the Florida Gulf Coast University
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U.A. Whitaker College of Engineering, who shall serve as co-
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chair and be appointed by the President of the Senate.
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(c) A representative of the University of Florida College
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of Design, Construction, and Planning's Sustainability and the
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Built Environment program, who shall serve as co-chair and be
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appointed by the Speaker of the House of Representatives.
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(d) A representative of the University of Miami, who shall
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be appointed by the President of the Senate.
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(e) A representative of the University of South Florida,
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who shall be appointed by the Speaker of the House of
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Representatives.
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(f) A representative of the Florida International
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University International Hurricane Research Center, who shall be
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appointed by the President of the Senate.
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(g) A representative of the University of Central Florida,
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who shall be appointed by the Speaker of the House of
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Representatives.
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(h) Five members appointed by the Governor.
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(i) Five additional members appointed by the President of
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the Senate.
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(j) Five additional members appointed by the Speaker of
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the House of Representatives.
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The members appointed must have specialized knowledge regarding
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resilient building design and construction, resilient building
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operations and maintenance, policy innovation and incentives,
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and building and community challenges.
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(4) When appointing members under paragraphs (3)(h), (i),
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and (j), the Governor, the President of the Senate, and the
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Speaker of the House of Representatives, respectively, shall
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make reasonable efforts to appoint persons to the advisory
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council who include the following:
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(a) Five members who are representatives of local
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government.
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(b) Two members who are representatives of building codes
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and standards organizations.
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(c) Two members who are representatives of sustainable or
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resilient building certification organizations.
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(d) One member who is an architect licensed in this state.
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(e) One member who is an engineer licensed in this state.
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(f) One member who is a representative of the commercial
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and residential property insurance industry.
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(g) Two members who have expertise in renewable energy and
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energy storage systems.
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(h) One member who has expertise in building-power grid
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integration.
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(5) Advisory council members must be appointed no later
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than August 1, 2026. Members shall serve 4-year terms, except
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that the initial terms must be staggered. The Governor shall
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initially appoint two members for a term of 4 years, two members
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for a term of 3 years, and two members for a term of 2 years.
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The President of the Senate shall initially appoint three
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members for a term of 4 years, three members for a term of 3
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years, and two members for a term of 2 years. The Speaker of the
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House of Representatives shall initially appoint three members
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for a term of 4 years, two members for a term of 3 years, and
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two members for a term of 2 years. Members of the advisory
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council shall serve without compensation but are entitled to
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reimbursement for per diem and travel expenses pursuant to s.
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112.061.
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(6) The advisory council shall meet at the call of the co-
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chairs at a time and location in this state designated by the
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co-chairs, provided that the first meeting must occur no later
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than November 1, 2026, and that subsequent meetings must occur
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no less than semiannually thereafter.
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(7) On or before December 31, 2032, and each 4 years
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thereafter, the council shall create a report reviewing the
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effectiveness and implementation of s. 220.197 on enhancing
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state resiliency and recommending improvements.
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(8) The department shall provide staffing and
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administrative assistance to the advisory council in performing
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its duties.
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(9) In accordance with s. 20.052(8), this section is
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repealed October 2, 2029, unless reviewed and saved from repeal
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through reenactment by the Legislature. Section 3. Paragraph (cc) is added to subsection (8) of
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section 213.053, Florida Statutes, to read:
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213.053 Confidentiality and information sharing.—
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(8) Notwithstanding any other provision of this section,
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the department may provide:
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(cc) Information related to the resilient building tax
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credit program under s. 220.197 to the Department of Business
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and Professional Regulation in the conduct of its official
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business.
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Disclosure of information under this subsection shall be
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pursuant to a written agreement between the executive director
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and the agency. Such agencies, governmental or nongovernmental,
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shall be bound by the same requirements of confidentiality as
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the Department of Revenue. Breach of confidentiality is a
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misdemeanor of the first degree, punishable as provided by s.
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775.082 or s. 775.083.
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Section 4. Subsection (8) of section 220.02, Florida
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Statutes, is amended to read:
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220.02 Legislative intent.—
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(8) It is the intent of the Legislature that credits
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against either the corporate income tax or the franchise tax be
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applied in the following order: those enumerated in s. 631.828,
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those enumerated in s. 220.191, those enumerated in s. 220.181,
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those enumerated in s. 220.183, those enumerated in s. 220.182,
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those enumerated in s. 220.1895, those enumerated in s. 220.195,
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those enumerated in s. 220.184, those enumerated in s. 220.186,
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those enumerated in s. 220.1845, those enumerated in s. 220.19,
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those enumerated in s. 220.185, those enumerated in s. 220.1875,
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those enumerated in s. 220.1876, those enumerated in s.
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220.1877, those enumerated in s. 220.18775, those enumerated in
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s. 220.1878, those enumerated in s. 288.062, those enumerated in
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former s. 288.9916, those enumerated in former s. 220.1899,
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those enumerated in former s. 220.194, those enumerated in s.
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220.196, those enumerated in s. 220.198, those enumerated in s.
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220.1915, those enumerated in s. 220.199, those enumerated in s.
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220.1991, and those enumerated in s. 220.1992, and those
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enumerated in s. 220.197.
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Section 5. Paragraph (a) of subsection (1) of section
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220.13, Florida Statutes, is amended to read:
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220.13 "Adjusted federal income" defined.—
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(1) The term "adjusted federal income" means an amount
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equal to the taxpayer's taxable income as defined in subsection
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(2), or such taxable income of more than one taxpayer as
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provided in s. 220.131, for the taxable year, adjusted as
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follows:
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(a) Additions.—There shall be added to such taxable
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income:
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1.a. The amount of any tax upon or measured by income,
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excluding taxes based on gross receipts or revenues, paid or
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accrued as a liability to the District of Columbia or any state
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of the United States which is deductible from gross income in
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the computation of taxable income for the taxable year.
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b. Notwithstanding sub-subparagraph a., if a credit taken
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under s. 220.1875, s. 220.1876, s. 220.1877, or s. 220.1878 is
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added to taxable income in a previous taxable year under
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subparagraph 11. and is taken as a deduction for federal tax
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purposes in the current taxable year, the amount of the
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deduction allowed shall not be added to taxable income in the
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current year. The exception in this sub-subparagraph is intended
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to ensure that the credit under s. 220.1875, s. 220.1876, s.
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220.1877, or s. 220.1878 is added in the applicable taxable year
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and does not result in a duplicate addition in a subsequent
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year.
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2. The amount of interest which is excluded from taxable
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income under s. 103(a) of the Internal Revenue Code or any other
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federal law, less the associated expenses disallowed in the
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computation of taxable income under s. 265 of the Internal
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Revenue Code or any other law, excluding 60 percent of any
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amounts included in alternative minimum taxable income, as
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defined in s. 55(b)(2) of the Internal Revenue Code, if the
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taxpayer pays tax under s. 220.11(3).
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3. In the case of a regulated investment company or real
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estate investment trust, an amount equal to the excess of the
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net long-term capital gain for the taxable year over the amount
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of the capital gain dividends attributable to the taxable year.
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4. That portion of the wages or salaries paid or incurred
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for the taxable year which is equal to the amount of the credit
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allowable for the taxable year under s. 220.181. This
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subparagraph shall expire on the date specified in s. 290.016
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for the expiration of the Florida Enterprise Zone Act.
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5. That portion of the ad valorem school taxes paid or
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incurred for the taxable year which is equal to the amount of
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the credit allowable for the taxable year under s. 220.182. This
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subparagraph shall expire on the date specified in s. 290.016
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for the expiration of the Florida Enterprise Zone Act.
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6. The amount taken as a credit under s. 220.195 which is
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deductible from gross income in the computation of taxable
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income for the taxable year.
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7. That portion of assessments to fund a guaranty
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association incurred for the taxable year which is equal to the
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amount of the credit allowable for the taxable year.
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8. In the case of a nonprofit corporation which holds a
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pari-mutuel permit and which is exempt from federal income tax
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as a farmers' cooperative, an amount equal to the excess of the
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gross income attributable to the pari-mutuel operations over the
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attributable expenses for the taxable year.
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9. The amount taken as a credit for the taxable year under
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s. 220.1895.
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10. Up to nine percent of the eligible basis of any
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designated project which is equal to the credit allowable for
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the taxable year under s. 220.185.
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11. Any amount taken as a credit for the taxable year
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under s. 220.1875, s. 220.1876, s. 220.1877, or s. 220.1878. The
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addition in this subparagraph is intended to ensure that the
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same amount is not allowed for the tax purposes of this state as
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both a deduction from income and a credit against the tax. This
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addition is not intended to result in adding the same expense
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back to income more than once.
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12. The amount taken as a credit for the taxable year
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under s. 220.196. The addition in this subparagraph is intended
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to ensure that the same amount is not allowed for the tax
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purposes of this state as both a deduction from income and a
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credit against the tax. The addition is not intended to result
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in adding the same expense back to income more than once.
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13. The amount taken as a credit for the taxable year
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pursuant to s. 220.198.
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14. The amount taken as a credit for the taxable year
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pursuant to s. 220.1915.
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15. The amount taken as a credit for the taxable year
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pursuant to s. 220.199.
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16. The amount taken as a credit for the taxable year
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pursuant to s. 220.1991.
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17. The amount taken as a credit for the taxable year
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pursuant to s. 220.197.
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This act shall take effect July 1, 2026. Section 6.