CODING: Words stricken are deletions; words underlined are additions.

House Bill 0193c1

Florida House of Representatives - 1997 CS/HB 193 By the Committee on Finance & Taxation and Representatives Lynn, Culp, Feeney, Jacobs, Murman, Ziebarth and Chestnut 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 revising the definition of "child care facility 7 startup costs" and defining "operation of a 8 child care facility"; amending s. 220.12, F.S.; 9 revising the definition of a taxpayer's net 10 income for corporate income tax purposes to 11 delete the deduction of child care facility 12 startup costs; creating s. 220.19, F.S.; 13 authorizing a credit against the corporate 14 income tax for child care facility startup 15 costs and operation, and for payment of an 16 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 Children 22 and Family Services; providing for future 23 expiration; defining "corporation"; creating s. 24 624.5107, F.S.; authorizing a credit against 25 insurance premium taxes for child care facility 26 startup costs and operation, and for payment of 27 an employee's child care costs; providing 28 definitions; providing limitations; requiring a 29 recipient to refund a portion of tax credits 30 received under certain conditions; providing 31 eligibility and application requirements; 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 193 696-109-97 1 providing for administration by the Department 2 of Children and Family Services; providing for 3 future expiration; providing an 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. 221.02, those enumerated in s. 220.184, those 18 enumerated in s. 220.186, and those enumerated in s. 220.188, 19 and those enumerated in s. 220.19. 20 Section 2. Paragraph (cc) of subsection (1) of section 21 220.03, Florida Statutes, 1996 Supplement, is amended, and 22 paragraph (gg) is added to said subsection, to read: 23 220.03 Definitions.-- 24 (1) SPECIFIC TERMS.--When used in this code, and when 25 not otherwise distinctly expressed or manifestly incompatible 26 with the intent thereof, the following terms shall have the 27 following meanings: 28 (cc) "Child care facility startup costs" means 29 expenditures for substantial renovation, equipment, including 30 playground equipment and kitchen appliances and cooking 31 equipment, and real property, including land and improvements, 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 193 696-109-97 1 and for reduction of debt, made in connection with used to 2 establish a child care facility as defined by s. 402.302(4), 3 or any facility providing daily care to children who are 4 mildly ill, which is located in this the state on the 5 taxpayer's premises or within 5 miles of the employees' 6 workplace and used exclusively by the employees of the 7 taxpayer. 8 (gg) "Operation of a child care facility" means 9 operation of a child care facility as defined by s. 10 402.302(4), or any facility providing daily care to children 11 who are mildly ill, which is located in this state within 5 12 miles of at least one place of business of the taxpayer and 13 which is used by the employees of the taxpayer. 14 Section 3. Section 220.12, Florida Statutes, 1996 15 Supplement, is amended to read: 16 220.12 "Net income" defined.--For purposes of this 17 code, a taxpayer's net income for a taxable year shall be its 18 adjusted federal income, or that share of its adjusted federal 19 income for such year which is apportioned to this state under 20 s. 220.15, plus nonbusiness income allocated to this state 21 pursuant to s. 220.16, less child care facility startup costs 22 as defined by s. 220.03(1)(dd), less the exemption allowed by 23 s. 220.14. 24 Section 4. Section 220.19, Florida Statutes, is 25 created to read: 26 220.19 Child care tax credits.-- 27 (1) AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.-- 28 (a)1. A credit of 50 percent of the startup costs of 29 child care facilities operated by a corporation for its 30 employees is allowed against any tax due for a taxable year 31 under this chapter. A credit against such tax is also allowed 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 193 696-109-97 1 for the operation of a child care facility by a corporation 2 for its employees, which credit is in the amount of $50 per 3 month for each child enrolled in the facility. 4 2. A credit is allowed against any tax due for a 5 taxable year under this chapter for any taxpayer that makes 6 payments directly to a child care facility as defined by s. 7 402.302 which is licensed in accordance with s. 402.305, or to 8 any facility providing daily care to children who are mildly 9 ill, which payments are made in the name of and for the 10 benefit of an employee of the taxpayer in this state whose 11 child attends the child care facility during the employee's 12 working hours. The credit shall be an amount equal to 50 13 percent of the amount of such child care payments. 14 (b) A corporation may not receive more than $50,000 in 15 annual tax credits for all approved child care costs that the 16 corporation incurs in any one year. 17 (c) The total amount of tax credits which may be 18 granted for all programs approved under this section and s. 19 624.5107 is $2 million annually. 20 (d) An application for tax credit under this section 21 must be approved by the secretary of the department. 22 (e) If the credit granted under this section is not 23 fully used in any one year because of insufficient tax 24 liability on the part of the corporation, the unused amount 25 may be carried forward for a period not to exceed 5 years. 26 The carryover credit may be used in a subsequent year when the 27 tax imposed by this chapter for that year exceeds the credit 28 for which the corporation is eligible in that year under this 29 section after applying the other credits and unused carryovers 30 in the order provided by s. 220.02(10). 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 193 696-109-97 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 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 193 696-109-97 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 annual child care costs credits in any manner they choose as 14 appropriate, but no jointly operated corporate child care 15 facility established under this section may receive more than 16 $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. shall not exceed the 21 amount charged by the child care facility to other children of 22 like age and abilities of persons not employed by the 23 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, in 31 the case of credit claimed under subparagraph (1)(a)1., or the 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 193 696-109-97 1 number of children for whom child care costs will be paid, in 2 the case of credit claimed under subparagraph (1)(a)2. 3 (4) ADMINISTRATION.-- 4 (a) The Department of Children and Family Services may 5 adopt all rules necessary to administer this section, 6 including rules for the approval or disapproval of proposals 7 submitted by corporations and rules to provide for cooperative 8 arrangements between profit and nonprofit corporations. 9 (b) The secretary's decision to approve or disapprove 10 a proposal must be in writing, and, if the proposal is 11 approved, the decision must state the maximum credit allowable 12 to the corporation. 13 (5) EXPIRATION.--This section expires on June 30, 14 2007, 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 which 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: 29 (a) "Child care facility startup costs" means 30 expenditures for substantial renovation, equipment, including 31 playground equipment and kitchen appliances and cooking 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 193 696-109-97 1 equipment, real property, including land and improvements, and 2 for reduction of debt, made in connection with the 3 establishment of a child care facility as defined by s. 4 402.302, or any facility providing daily care to children who 5 are mildly ill, which is located in this state on the 6 insurer's premises and used by the employees of the insurer. 7 (b) "Operation of a child care facility" means 8 operation of a child care facility as defined by s. 402.302, 9 or any facility providing daily care to children who are 10 mildly ill, which is located in this state within 5 miles of 11 at least one place of business of the insurer and which is 12 used by the employees of the insurer. 13 (c) "Department" means the Department of Children and 14 Family Services. 15 (d) "Secretary" means the secretary of the Department 16 of Children and Family Services. 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 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 193 696-109-97 1 whose child attends the child care facility during the 2 employee's working hours. The credit shall 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 secretary. 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 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 193 696-109-97 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. shall not exceed the amount 17 charged by the child care facility to other children of like 18 age and abilities of persons not employed by the insurer. 19 (4) APPLICATION REQUIREMENTS.--Any insurer that wishes 20 to participate in this program must submit to the department 21 an application for tax credit which sets forth the proposal 22 for establishing a child care facility for the use of its 23 employees or for payment of the cost of child care for its 24 employees. This application must state the anticipated startup 25 costs and the number of children to be enrolled, in the case 26 of credit claimed under subparagraph (2)(a)1., or the number 27 of children for whom child care costs will be paid, in the 28 case of credit claimed under subparagraph (2)(a)2. 29 (5) ADMINISTRATION.-- 30 (a) The Department of Children and Family Services may 31 adopt all rules necessary to administer this section, 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 193 696-109-97 1 including rules for the approval or disapproval of proposals 2 submitted by insurers and rules to provide for cooperative 3 arrangements between profit and nonprofit entities. 4 (b) The secretary's decision to approve or disapprove 5 a proposal must be in writing, and, if the proposal is 6 approved, the decision must state the maximum credit allowable 7 to the insurer. 8 (6) EXPIRATION.--This section expires on June 30, 9 2007, except that paragraph (2)(e), which relates to carryover 10 credits, and paragraph (2)(f), which relates to repaying tax 11 credits in specified circumstances, do not expire on that 12 date. 13 Section 6. This act shall take effect December 31, 14 1997. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 11