Senate Bill 1608c1

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    Florida Senate - 1998                           CS for SB 1608

    By the Committee on Ways and Means; and Senator Harris





    301-2033A-98

  1                      A bill to be entitled

  2         An act relating to credits against taxes;

  3         amending s. 220.02, F.S.; providing the order

  4         of credits against the corporate income tax or

  5         franchise tax; amending s. 220.03, F.S.;

  6         amending the definition of the term "child care

  7         facility startup costs" and defining the term

  8         "operation of a child care facility"; amending

  9         s. 220.12, F.S.; revising the definition of a

10         taxpayer's net income for corporate income tax

11         purposes to delete the deduction of child care

12         facility startup costs; creating s. 220.19,

13         F.S.; authorizing a credit against the

14         corporate income tax for child care facility

15         startup costs and operation, and for payment of

16         an employee's child care costs; providing

17         limitations; requiring a recipient to refund a

18         portion of tax credits received under certain

19         conditions; providing eligibility and

20         application requirements; providing for

21         administration by the Department of Revenue;

22         providing for future expiration; defining the

23         term "corporation"; creating s. 624.5107, F.S.;

24         authorizing a credit against insurance premium

25         taxes for child care facility startup costs and

26         operation and for payment of an employee's

27         child care costs; providing definitions;

28         providing limitations; requiring a recipient to

29         refund a portion of tax credits received under

30         certain conditions; providing eligibility and

31         application requirements; providing for

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    Florida Senate - 1998                           CS for SB 1608
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  1         administration by the Department of Revenue;

  2         providing for future expiration; providing an

  3         effective date.

  4

  5  Be It Enacted by the Legislature of the State of Florida:

  6

  7         Section 1.  Subsection (10) of section 220.02, Florida

  8  Statutes, is amended to read:

  9         220.02  Legislative intent.--

10         (10)  It is the intent of the Legislature that credits

11  against either the corporate income tax or the franchise tax

12  be applied in the following order: those enumerated in s.

13  220.68, those enumerated in s. 631.719(1), those enumerated in

14  s. 631.705, those enumerated in s. 220.18, those enumerated in

15  s. 631.828, those enumerated in s. 220.181, those enumerated

16  in s. 220.183, those enumerated in s. 220.182, those

17  enumerated in s. 220.1895, those enumerated in s. 221.02,

18  those enumerated in s. 220.184, those enumerated in s.

19  220.186, and those enumerated in s. 220.188, and those

20  enumerated in s. 220.19.

21         Section 2.  Paragraph (cc) of subsection (1) of section

22  220.03, Florida Statutes, is amended, and paragraph (gg) is

23  added to that subsection, to read:

24         220.03  Definitions.--

25         (1)  SPECIFIC TERMS.--When used in this code, and when

26  not otherwise distinctly expressed or manifestly incompatible

27  with the intent thereof, the following terms shall have the

28  following meanings:

29         (cc)  "Child care facility startup costs" means

30  expenditures for substantial renovation; for equipment,

31  including playground equipment and kitchen appliances and

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    Florida Senate - 1998                           CS for SB 1608
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  1  cooking equipment; for, and real property, including land and

  2  improvements; and for reduction of debt made in connection

  3  with, used to establish a child care facility as defined by s.

  4  402.302(4), or any facility providing daily care to children

  5  who are mildly ill, which is located in this the state on the

  6  taxpayer's premises or within 5 miles of the employees'

  7  workplace and used exclusively by the employees of the

  8  taxpayer.

  9         (gg)  "Operation of a child care facility" means

10  operation of a child care facility as defined by s.

11  402.302(4), or any facility providing daily care to children

12  who are mildly ill, which is located in this state within 5

13  miles of at least one place of business of the taxpayer and

14  which is used by the employees of the taxpayer.

15         Section 3.  Section 220.12, Florida Statutes, is

16  amended to read:

17         220.12  "Net income" defined.--For purposes of this

18  code, a taxpayer's net income for a taxable year shall be its

19  adjusted federal income, or that share of its adjusted federal

20  income for such year which is apportioned to this state under

21  s. 220.15, plus nonbusiness income allocated to this state

22  pursuant to s. 220.16, less child care facility startup costs

23  as defined by s. 220.03(1)(dd), less the exemption allowed by

24  s. 220.14.

25         Section 4.  Section 220.19, Florida Statutes, is

26  created to read:

27         220.19  Child care tax credits.--

28         (1)  AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.--

29         (a)1.  A credit of 50 percent of the startup costs of

30  child care facilities operated by a corporation for its

31  employees is allowed against any tax due for a taxable year

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    Florida Senate - 1998                           CS for SB 1608
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  1  under this chapter.  A credit against such tax is also allowed

  2  for the operation of a child care facility by a corporation

  3  for its employees, which credit is in the amount of $50 per

  4  month for each child enrolled in the facility.

  5         2.  A credit is allowed against any tax due for a

  6  taxable year under this chapter for any taxpayer that makes

  7  payments directly to a child care facility, as defined by s.

  8  402.302, which is licensed in accordance with s. 402.305, or

  9  to any facility providing daily care to children who are

10  mildly ill, which payments are made in the name of and for the

11  benefit of an employee of the taxpayer in this state whose

12  child attends the child care facility during the employee's

13  working hours.  The credit shall be an amount equal to 50

14  percent of the amount of such child care payments.

15         (b)  A corporation may not receive more than $50,000 in

16  annual tax credits for all approved child care costs that the

17  corporation incurs in any one year.

18         (c)  The total amount of tax credits which may be

19  granted for all programs approved under this section and s.

20  624.5107 is $2 million annually.

21         (d)  An application for tax credit under this section

22  must be approved by the executive director of the department.

23         (e)  If the credit granted under this section is not

24  fully used in any one year because of insufficient tax

25  liability on the part of the corporation, the unused amount

26  may be carried forward for a period not to exceed 5 years.

27  The carryover credit may be used in a subsequent year when the

28  tax imposed by this chapter for that year exceeds the credit

29  for which the corporation is eligible in that year under this

30  section after applying the other credits and unused carryovers

31  in the order provided by s. 220.02(10).

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    Florida Senate - 1998                           CS for SB 1608
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  1         (f)  If a corporation receives a credit for child care

  2  facility startup costs, and the facility fails to operate for

  3  at least 5 years, a pro rata share of the credit must be

  4  repaid, in accordance with the formula:  A = C x (1 - (N/60)),

  5  where:

  6         1.  "A" is the amount in dollars of the required

  7  repayment.

  8         2.  "C" is the total credits taken by the corporation

  9  for child care facility startup costs.

10         3.  "N" is the number of months the facility was in

11  operation.

12

13  This repayment requirement is inapplicable if the corporation

14  goes out of business or can demonstrate to the department that

15  its employees no longer want to have a child care facility.

16         (g)  A taxpayer that files a consolidated return in

17  this state as a member of an affiliated group under s.

18  220.131(1) may be allowed the credit on a consolidated return

19  basis.

20         (h)  A taxpayer that is eligible to receive credit

21  under s. 624.5107 is ineligible to receive credit under this

22  section.

23         (2)  ELIGIBILITY REQUIREMENTS.--

24         (a)  A child care facility with respect to which a

25  corporation claims a child care tax credit must be a child

26  care facility as defined by s. 402.302 and must be licensed in

27  accordance with s. 402.305, or must be a facility providing

28  daily care to children who are mildly ill.

29         (b)  The services of a child care facility for which a

30  corporation claims a child care tax credit under subparagraph

31  (1)(a)1. must be available to all employees of the

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    Florida Senate - 1998                           CS for SB 1608
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  1  corporation, or must be allocated on a first-come,

  2  first-served basis, and must be used by employees of the

  3  taxpayer.

  4         (c)  Two or more corporations may join together to

  5  start and to operate a child care facility according to the

  6  provisions of this section. If two or more corporations choose

  7  to jointly operate a child care facility, or cause a

  8  not-for-profit corporation to operate the child care facility,

  9  the corporations must file a joint application or the

10  not-for-profit corporation may file the application with the

11  department, pursuant to subsection (3), setting forth their

12  proposal.  The participating corporations may proportion the

13  credits for annual child care costs in any manner they choose

14  as appropriate, but a jointly operated corporate child care

15  facility established under this section may not receive more

16  than $50,000 in annual tax credits for all approved child care

17  costs that the participating corporations incur in any one

18  year.

19         (d)  Child care payments for which a corporation claims

20  a credit under subparagraph (1)(a)2. must not exceed the

21  amount charged by the child care facility to other children of

22  like age and abilities whose parents or guardians are not

23  employed by the corporation.

24         (3)  APPLICATION REQUIREMENTS.--Any corporation that

25  wishes to participate in this program must submit to the

26  department an application for tax credit which sets forth the

27  proposal for establishing a child care facility for the use of

28  its employees or for payment of the cost of child care for its

29  employees.  This application must state the anticipated

30  startup costs and the number of children to be enrolled, if

31  credit is claimed under subparagraph (1)(a)1., or the number

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    Florida Senate - 1998                           CS for SB 1608
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  1  of children for whom child care costs will be paid, if credit

  2  is claimed under subparagraph (1)(a)2.

  3         (4)  ADMINISTRATION.--

  4         (a)  The Department of Revenue may adopt all rules

  5  necessary to administer this section, including rules for the

  6  approval or disapproval of proposals submitted by corporations

  7  and rules to provide for cooperative arrangements between

  8  profit and nonprofit corporations.

  9         (b)  The executive director's decision to approve or

10  disapprove a proposal must be in writing, and, if the proposal

11  is approved, the decision must state the maximum credit

12  allowable to the corporation.

13         (5)  EXPIRATION.--This section expires June 30, 2008,

14  except that paragraph (1)(e), which relates to carryover

15  credits, and paragraph (1)(f), which relates to repaying tax

16  credits in specified circumstances, do not expire on that

17  date.

18         (6)  MEANING OF CORPORATION.--As used in this section,

19  the term "corporation" includes all general partnerships,

20  limited partnerships, unincorporated businesses, and all other

21  business entities that are owned or controlled by the parent

22  corporation.

23         Section 5.  Section 624.5107, Florida Statutes, is

24  created to read:

25         624.5107  Child care tax credits; definitions;

26  authorization; limitations; eligibility and application

27  requirements; administration; expiration.--

28         (1)  DEFINITIONS.--As used in this section, the term:

29         (a)  "Child care facility startup costs" means

30  expenditures for substantial renovation; for equipment,

31  including playground equipment and kitchen appliances and

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    Florida Senate - 1998                           CS for SB 1608
    301-2033A-98




  1  cooking equipment; for real property, including land and

  2  improvements; and for reduction of debt made in connection

  3  with the establishment of a child care facility as defined by

  4  s. 402.302, or any facility providing daily care to children

  5  who are mildly ill, which is located in this state on the

  6  insurer's premises and which is used by the employees of the

  7  insurer.

  8         (b)  "Operation of a child care facility" means

  9  operation of a child care facility as defined by s. 402.302,

10  or any facility providing daily care to children who are

11  mildly ill, which is located in this state within 5 miles of

12  at least one place of business of the insurer and which is

13  used by the employees of the insurer.

14         (c)  "Department" means the Department of Revenue.

15         (d)  "Executive director" means the executive director

16  of the Department of Revenue.

17         (2)  AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.--

18         (a)1.  A credit of 50 percent of the startup costs of

19  child care facilities operated by an insurer for its employees

20  is allowed against any tax due for a taxable year under s.

21  624.509 or s. 624.510.  A credit against such tax is also

22  allowed for the operation of a child care facility by an

23  insurer for its employees, which credit is in the amount of

24  $50 per month for each child enrolled in the facility.

25         2.  A credit is allowed against any tax due for a

26  taxable year under s. 624.509 or s. 624.510 for any insurer

27  that makes payments directly to a child care facility as

28  defined by s. 402.302 which is licensed in accordance with s.

29  402.305, or to any facility providing daily care to children

30  who are mildly ill, which payments are made in the name of and

31  for the benefit of an employee of the insurer in this state

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    Florida Senate - 1998                           CS for SB 1608
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  1  whose child attends the child care facility during the

  2  employee's working hours.  The credit is to be an amount equal

  3  to 50 percent of the amount of such child care payments.

  4         (b)  An insurer may not receive more than $50,000 in

  5  annual tax credits for all approved child care costs that the

  6  insurer incurs in any one year.

  7         (c)  The total amount of tax credits which may be

  8  granted for all programs approved under this section and s.

  9  220.19 is $2 million annually.

10         (d)  An application for tax credit under this section

11  must be approved by the executive director.

12         (e)  If the credit granted under this section is not

13  fully used in any one year because of insufficient tax

14  liability on the part of the insurer, the unused amount may be

15  carried forward for a period not to exceed 5 years.  The

16  carryover credit may be used in a subsequent year when the tax

17  imposed by s. 624.509 or s. 624.510 for that year exceeds the

18  credit for which the insurer is eligible in that year under

19  this section.

20         (f)  If an insurer receives a credit for child care

21  facility startup costs, and the facility fails to operate for

22  at least 5 years, a pro rata share of the credit must be

23  repaid, in accordance with the formula:  A = C x (1 - (N/60)),

24  where:

25         1.  "A" is the amount in dollars of the required

26  repayment.

27         2.  "C" is the total credits taken by the insurer for

28  child care facility startup costs.

29         3.  "N" is the number of months the facility was in

30  operation.

31

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    Florida Senate - 1998                           CS for SB 1608
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  1  This repayment requirement is inapplicable if the insurer goes

  2  out of business or can demonstrate to the department that its

  3  employees no longer want to have a child care facility.

  4         (3)  ELIGIBILITY REQUIREMENTS.--

  5         (a)  A child care facility with respect to which an

  6  insurer claims a child care tax credit must be a child care

  7  facility as defined by s. 402.302 and must be licensed in

  8  accordance with s. 402.305, or must be a facility providing

  9  daily care to children who are mildly ill.

10         (b)  The services of a child care facility for which an

11  insurer claims a child care tax credit under subparagraph

12  (2)(a)1. must be available to all employees of the insurer or

13  must be allocated on a first-come, first-served basis, and

14  must be used by employees of the insurer.

15         (c)  Child care payments for which an insurer claims a

16  credit under subparagraph (2)(a)2. must not exceed the amount

17  charged by the child care facility to other children of like

18  age and abilities whose parents or guardians are not employed

19  by the insurer.

20         (4)  APPLICATION REQUIREMENTS.--Any insurer that wishes

21  to participate in this program must submit to the department

22  an application for tax credit which sets forth the proposal

23  for establishing a child care facility for the use of its

24  employees or for payment of the cost of child care for its

25  employees. This application must state the anticipated startup

26  costs and the number of children to be enrolled, if credit is

27  claimed under subparagraph (2)(a)1., or the number of children

28  for whom child care costs will be paid, if credit is claimed

29  under subparagraph (2)(a)2.

30         (5)  ADMINISTRATION.--

31

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    Florida Senate - 1998                           CS for SB 1608
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  1         (a)  The Department of Revenue may adopt all rules

  2  necessary to administer this section, including rules for the

  3  approval or disapproval of proposals submitted by insurers and

  4  rules to provide for cooperative arrangements between profit

  5  and nonprofit entities.

  6         (b)  The executive director's decision to approve or

  7  disapprove a proposal must be in writing, and, if the proposal

  8  is approved, the decision must state the maximum credit

  9  allowable to the insurer.

10         (6)  EXPIRATION.--This section expires June 30, 2008,

11  except that paragraph (2)(e), which relates to carryover

12  credits, and paragraph (2)(f), which relates to repaying tax

13  credits in specified circumstances, do not expire on that

14  date.

15         Section 6.  This act shall take effect December 31,

16  1998.

17

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                             SB 1608

20

21  This committee substitute provides that the child care tax
    credit program shall be administered by the Department of
22  Revenue instead of the Department of Children and Family
    Services.
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