27278939, 12CER23-7 - Florida Administrative Rules, Law, Code, Register

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Notice: 27278939

Notice of Emergency Rule

Department:

DEPARTMENT OF REVENUE

Division:

Corporate, Estate and Intangible Tax

Overview

RULE:

12CER23-7

Forms

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

: Section 4 of Chapter 2023-81, L.O.F., authorizes the Department of Revenue to promulgate emergency rules to implement amendments to s. 220.198, F.S., Experiential Learning Tax Credit Program. Section 49 of Chapter 2023-157, L.O.F., authorizes the Department of Revenue to promulgate emergency rules to implement the provisions of the Credit for Manufacturing of Human Breast Milk Derived Human Milk Fortifiers, which provides that a taxpayer may receive a credit against corporate income tax equal to 50 percent of the cost of manufacturing equipment purchased for use in the production of human breast milk derived human milk fortifiers in Florida.  The promulgation of these emergency rules ensures that the public is notified in the most expedient and appropriate manner regarding the eligibility criteria and application process for qualified businesses to request an experiential learning tax credit or credit for manufacturing human milk fortifiers.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

The Legislature expressly authorized the promulgation of emergency rules to implement amendments to the provisions of s. 220.198, F.S. The Legislature expressly authorized the promulgation of emergency rules to administer the provisions related to the Credit for Manufacturing of Human Breast Milk Derived Human Milk Fortifiers created by s. 33 of Ch. 2023-157, L.O.F. Additionally, this emergency rule is the most expedient and appropriate means of notifying taxpayers of the provisions.

SUMMARY:

Emergency Rule 12CER23-7 amends Rule 12C-1.051, F.A.C., to incorporate the amendments to the Experiential Learning Tax Credit Program application form (Form F-1198) and creates the Florida Credit for Manufacturing of Human Breast Milk Derived Human Milk Fortifiers forms (F-11991 and F-11991T).

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

: Brinton Hevey, Technical Assistance and Dispute Resolution, telephone 850-717-7754, email RuleComments@floridarevenue.com.

PRINT PUBLISH DATE:

6/30/2023 Vol. 49/127

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=12CER23-7&PDate=6/30/2023&Section=4

REFERENCE MATERIALS:

Ref-14844 F-1198 R. 01-23

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