Florida Senate - 2009                                     SB 218
       
       
       
       By Senator Ring
       
       
       
       
       32-00279-09                                            2009218__
    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; creating s. 220.194, F.S.; providing a tax
    6         credit for a corporation that hires a homeless person
    7         residing in a transitional housing facility;
    8         specifying the information that must be provided to
    9         the Department of Revenue when applying for the
   10         credit; providing for the carryover of unused credits;
   11         providing penalties for fraudulently claiming the tax
   12         credit; limiting the total of amount of tax credits
   13         that may be granted per taxable year; authorizing the
   14         department to adopt rules; providing for the
   15         expiration of the tax credit; requiring the department
   16         to collect certain data; providing an effective date.
   17         
   18  Be It Enacted by the Legislature of the State of Florida:
   19         
   20         Section 1. Subsection (8) of section 220.02, Florida
   21  Statutes, is amended to read:
   22         220.02 Legislative intent.—
   23         (8) It is the intent of the Legislature that credits
   24  against either the corporate income tax or the franchise tax be
   25  applied in the following order: those enumerated in s. 631.828,
   26  those enumerated in s. 220.191, those enumerated in s. 220.181,
   27  those enumerated in s. 220.183, those enumerated in s. 220.182,
   28  those enumerated in s. 220.1895, those enumerated in s. 221.02,
   29  those enumerated in s. 220.184, those enumerated in s. 220.186,
   30  those enumerated in s. 220.1845, those enumerated in s. 220.19,
   31  those enumerated in s. 220.185, those enumerated in s. 220.187,
   32  those enumerated in s. 220.192, and those enumerated in s.
   33  220.193, and those enumerated under s. 220.194.
   34         Section 2. Section 220.194, Florida Statutes, is created to
   35  read:
   36         220.194Tax credit for employment of the homeless.—
   37         (1)For taxable years beginning January 1, 2009, a tax
   38  credit of $1,000 shall be allowed against any corporate income
   39  tax due under this chapter to a corporation that hires a person
   40  residing in a transitional housing facility at the time of
   41  beginning employment and who remains continuously employed for
   42  at least 6 months. The tax credit may be taken only once per new
   43  employee. As used in this section, the term “transitional
   44  housing facility” means a transitional housing facility under
   45  part VI of chapter 420 which receives federal homeless
   46  assistance funding distributed by the United States Department
   47  of Housing and Urban Development.
   48         (2)The corporation must provide the department with the
   49  following information when applying for the credit:
   50         (a) For each new employee for whom the credit is claimed:
   51         1.The employee's name and current address or, if the
   52  employee is no longer employed, the last known address of the
   53  person while employed by the corporation;
   54         2.The address of the transitional housing facility where
   55  the employee was residing at the time of beginning employment,
   56  and documentation from the transitional housing facility that
   57  the employee qualified for and was residing at the facility at
   58  the time of beginning employment; and
   59         3.The salary or hourly wages paid to the new employee
   60  during the taxable year.
   61         (b)The total salary or hourly wages paid during the
   62  taxable year to each employee who is still employed by the
   63  corporation and for whom the tax credit was claimed in a prior
   64  taxable year.
   65         (3)If the credit is not fully used in any one year, the
   66  unused amount may be carried forward for up to 5 years. The
   67  carryover credit may be used in a subsequent year if the tax
   68  imposed by this chapter exceeds the credit for that year after
   69  applying any other credits and unused credit carryovers in the
   70  order provided in s. 220.02(8).
   71         (4)It is the responsibility of the taxpayer to
   72  affirmatively demonstrate to the satisfaction of the department
   73  that it meets the requirements of this section.
   74         (5)Any person who fraudulently claims the credit is liable
   75  for payment of the credit, plus a mandatory penalty in the
   76  amount of 200 percent of the credit and interest at the rate
   77  provided in s. 220.807, and commits a felony of the third
   78  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   79  775.084.
   80         (6)The total amount of tax credit which may be granted
   81  under this section is $2 million. If the total for the tax
   82  credit applications submitted for a given year exceeds $2
   83  million, the amount of tax credit per applicant shall be granted
   84  on a pro rata basis. Any unused portion of the tax credit
   85  remaining after granting a pro rata share shall carry over as
   86  provided in subsection (3).
   87         (7)The department may adopt rules and forms to administer
   88  this section.
   89         (8)This section expires December 31, 2014, except for
   90  subsections (2) and (7), which expire December 31, 2020. In
   91  determining whether to reenact this section, the Legislature
   92  shall consider whether the revenue generated from wages paid to
   93  qualifying employees outweighs the cost to the state in terms of
   94  the amount of taxes waived. The department shall collect and
   95  maintain data relating to the total amount of wages paid to
   96  employees for whom a tax credit has been claimed in order to
   97  make such a determination.
   98         Section 3. This act shall take effect July 1, 2009.