Bill Text: FL S0148 | 2010 | Regular Session | Introduced

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Bill Title: Employment for the Homeless [WPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Commerce [S0148 Detail]

Download: Florida-2010-S0148-Introduced.html

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Florida Senate - 2010                                     SB 148 
 
By Senator Ring 
32-00048-10                                            2010148__ 
1                        A bill to be entitled 
2         An act relating to employment for the homeless; 
3         amending s. 220.02, F.S.; specifying the order for 
4         applying the tax credit for employment of the 
5         homeless; amending s. 220.13, F.S.; redefining the 
6         term “adjusted federal income” to include an 
7         adjustment for such tax credit; creating s. 220.194, 
8         F.S.; providing definitions; providing a tax credit 
9         for a corporation that hires a homeless person 
10         residing in a transitional housing facility; 
11         specifying the information that must be provided to 
12         the Department of Revenue when applying for the 
13         credit; providing for the carryover of unused credits; 
14         requiring that the application be filed with the 
15         department by a specified date each year; providing 
16         penalties for fraudulently claiming the tax credit; 
17         limiting the total amount of tax credits that may be 
18         granted per taxable year; authorizing the department 
19         to adopt rules; providing for the expiration of the 
20         tax credit; requiring that the department collect 
21         certain data; providing an effective date. 
22 
23  Be It Enacted by the Legislature of the State of Florida: 
24 
25         Section 1. Subsection (8) of section 220.02, Florida 
26  Statutes, is amended to read: 
27         220.02 Legislative intent.— 
28         (8) It is the intent of the Legislature that credits 
29  against either the corporate income tax or the franchise tax be 
30  applied in the following order: those enumerated in s. 631.828, 
31  those enumerated in s. 220.191, those enumerated in s. 220.181, 
32  those enumerated in s. 220.183, those enumerated in s. 220.182, 
33  those enumerated in s. 220.1895, those enumerated in s. 221.02, 
34  those enumerated in s. 220.184, those enumerated in s. 220.186, 
35  those enumerated in s. 220.1845, those enumerated in s. 220.19, 
36  those enumerated in s. 220.185, those enumerated in s. 220.187, 
37  those enumerated in s. 220.192, those enumerated in s. 220.193, 
38  and those enumerated in s. 288.9916, and those enumerated under s. 220.194. 
39  288.9916, and those enumerated under s. 220.194. 
40         Section 2. Paragraph (a) of subsection (1) of section 
41  220.13, Florida Statutes, is amended to read: 
42         220.13 “Adjusted federal income” defined.— 
43         (1) The term “adjusted federal income” means an amount 
44  equal to the taxpayer’s taxable income as defined in subsection 
45  (2), or such taxable income of more than one taxpayer as 
46  provided in s. 220.131, for the taxable year, adjusted as 
47  follows: 
48         (a) Additions.—There shall be added to such taxable income: 
49         1. The amount of any tax upon or measured by income, 
50  excluding taxes based on gross receipts or revenues, paid or 
51  accrued as a liability to the District of Columbia or any state 
52  of the United States which is deductible from gross income in 
53  the computation of taxable income for the taxable year. 
54         2. The amount of interest which is excluded from taxable 
55  income under s. 103(a) of the Internal Revenue Code or any other 
56  federal law, less the associated expenses disallowed in the 
57  computation of taxable income under s. 265 of the Internal 
58  Revenue Code or any other law, excluding 60 percent of any 
59  amounts included in alternative minimum taxable income, as 
60  defined in s. 55(b)(2) of the Internal Revenue Code, if the 
61  taxpayer pays tax under s. 220.11(3). 
62         3. In the case of a regulated investment company or real 
63  estate investment trust, an amount equal to the excess of the 
64  net long-term capital gain for the taxable year over the amount 
65  of the capital gain dividends attributable to the taxable year. 
66         4. That portion of the wages or salaries paid or incurred 
67  for the taxable year which is equal to the amount of the credit 
68  allowable for the taxable year under s. 220.181. This 
69  subparagraph shall expire on the date specified in s. 290.016 
70  for the expiration of the Florida Enterprise Zone Act. 
71         5. That portion of the ad valorem school taxes paid or 
72  incurred for the taxable year which is equal to the amount of 
73  the credit allowable for the taxable year under s. 220.182. This 
74  subparagraph shall expire on the date specified in s. 290.016 
75  for the expiration of the Florida Enterprise Zone Act. 
76         6. The amount of emergency excise tax paid or accrued as a 
77  liability to this state under chapter 221 which tax is 
78  deductible from gross income in the computation of taxable 
79  income for the taxable year. 
80         7. That portion of assessments to fund a guaranty 
81  association incurred for the taxable year which is equal to the 
82  amount of the credit allowable for the taxable year. 
83         8. In the case of a nonprofit corporation which holds a 
84  pari-mutuel permit and which is exempt from federal income tax 
85  as a farmers’ cooperative, an amount equal to the excess of the 
86  gross income attributable to the pari-mutuel operations over the 
87  attributable expenses for the taxable year. 
88         9. The amount taken as a credit for the taxable year under 
89  s. 220.1895. 
90         10. Up to nine percent of the eligible basis of any 
91  designated project which is equal to the credit allowable for 
92  the taxable year under s. 220.185. 
93         11. The amount taken as a credit for the taxable year under 
94  s. 220.187. 
95         12. The amount taken as a credit for the taxable year under 
96  s. 220.192. 
97         13. The amount taken as a credit for the taxable year under 
98  s. 220.193. 
99         14. Any portion of a qualified investment, as defined in s. 
100  288.9913, which is claimed as a deduction by the taxpayer and 
101  taken as a credit against income tax pursuant to s. 288.9916. 
102         15. The amount taken as a credit for the taxable year under 
103  s. 220.194. 
104         Section 3. Section 220.194, Florida Statutes, is created to 
105  read: 
106         220.194 Tax credit for employment of the homeless.— 
107         (1) As used in this section, the term: 
108         (a) “Continuously employed” means that an employee has 
109  worked for the corporation for at least 80 hours during each 30 
110  day period and has been employed at least 6 months following the 
111  date that the employee began working for the corporation on or 
112  after July 1, 2010. 
113         (b) “Homeless person” means an individual whose primary 
114  nighttime residence is at a transitional housing facility. 
115         (c) “Transitional housing facility” means a facility 
116  located in the state which is a supervised, publicly or 
117  privately operated shelter designed to provide temporary living 
118  accommodations, including welfare hotels, congregate shelters, 
119  and transitional housing for the mentally ill, and which 
120  receives federal homeless assistance funding distributed by the 
121  United States Department of Housing and Urban Development. 
122         (2) For taxable years beginning on or after January 1, 
123  2011, a tax credit of $1,000 shall be allowed to a corporation 
124  against any corporate income tax due under this chapter if the 
125  corporation hires a homeless person who resides in a 
126  transitional housing facility at the time he or she begins 
127  employment and who remains continuously employed by the 
128  corporation for at least 6 months. The tax credit may be taken 
129  only once per new employee. 
130         (3) Upon applying for the credit, the corporation must 
131  provide the department with the following information: 
132         (a) For each new employee for whom the credit is claimed: 
133         1. The employee’s name, social security number, and current 
134  address or, if the employee is no longer employed, the last 
135  known address of the person while employed by the corporation; 
136         2. The address of the transitional housing facility where 
137  the employee was residing at the time he or she began employment 
138  and documentation from the transitional housing facility which 
139  demonstrates that the employee qualified for and was residing at 
140  the facility at the time he or she began employment; and 
141         3. The salary or hourly wages paid to the new employee 
142  during the taxable year. 
143         (b) The total salary or hourly wages paid during the 
144  taxable year to each employee who is still employed by the 
145  corporation and for whom the tax credit was claimed in a prior 
146  taxable year. 
147         (4) If the credit is not fully used in any one year, the 
148  unused amount may be carried forward for up to 5 years. The 
149  carryover credit may be used in a subsequent year if the tax 
150  imposed by this chapter exceeds the credit for the year after 
151  applying any other credits and unused credit carryovers in the 
152  order provided in s. 220.02(8). 
153         (5) The corporation applying for the credit must 
154  affirmatively demonstrate to the satisfaction of the department 
155  that it meets the requirements in this section. An application 
156  must be filed with the department by February 1 of each year for 
157  an allocation of the previous year’s credit. The application 
158  must show that all of the requirements in this section were met 
159  during the preceding calendar year. 
160         (6) Any person who fraudulently claims the credit is liable 
161  for payment of the credit, plus a mandatory penalty in the 
162  amount of 200 percent of the credit and interest at the rate 
163  provided in s. 220.807, and commits a felony of the third 
164  degree, punishable as provided in s. 775.082, s. 775.083, or s. 
165  775.084. 
166         (7) The total amount of tax credit which may be granted 
167  under this section is $2 million per calendar year. If the total 
168  amount of tax credit for applications submitted in a given 
169  calendar year exceeds $2 million, the amount of tax credit per 
170  applicant shall be granted on a pro rata basis. If the full 
171  amount of the tax credit is not allowed due to the $2 million 
172  annual limitation, the balance shall be allowed in the following 
173  tax year. The amount not allowed in the previous tax year shall 
174  be allowed in full prior to the pro rata allocation of tax 
175  credit in the following tax year. 
176         (8) The department may adopt rules and forms to administer 
177  this section. 
178         (9) This section expires December 31, 2015, except for 
179  subsections (3) and (8), which expire December 31, 2021. In 
180  determining whether to reenact this section, the Legislature 
181  shall consider whether the revenue generated from wages paid to 
182  qualifying employees outweighs the cost to the state in terms of 
183  the amount of taxes waived. The department shall collect and 
184  maintain data relating to the total amount of wages paid to 
185  employees for whom a tax credit has been claimed in order to 
186  assist the Legislature in making its determination. 
187         Section 4. This act shall take effect July 1, 2010.