CODING: Words stricken are deletions; words underlined are additions.House Bill 0965
Florida House of Representatives - 1997 HB 965
By Representative Meek
1 A bill to be entitled
2 An act relating to economic development;
3 creating ss. 212.097, 212.098, F.S.; creating
4 the Rural Job Tax Credit Program and the Urban
5 High-Crime Area Job Tax Credit Program;
6 amending ss. 220.02, 220.13, F.S.; conforming
7 provisions; creating s. 220.189, F.S.; allowing
8 credit for the Rural Job Tax Credit Program and
9 the Urban High-Crime Area Job Tax Credit
10 Program; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 212.097, Florida Statutes, is
15 created to read:
16 212.097 Urban High-Crime Area Job Tax Credit
17 Program.--
18 (1) It is the intent of the Legislature to encourage
19 the provision of meaningful employment opportunities that will
20 improve the quality of life of those employed, and to
21 encourage economic expansion of new and existing businesses in
22 urban high-crime areas of this state. Upon an affirmative
23 showing by a business to the satisfaction of the Department of
24 Revenue that the requirements of this section have been met,
25 the business shall be allowed a credit against the tax
26 remitted under this chapter.
27 (2) As used in this section, the term:
28 (a) "Eligible business" means any sole proprietorship,
29 firm, partnership, or corporation that is located in a
30 qualified county and is predominantly engaged in, or is
31 headquarters for a business predominantly engaged in,
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1 activities usually provided for consideration by firms
2 classified within the following standard industrial
3 classifications: SIC 01 through SIC 09 (agriculture,
4 forestry, and fishing); SIC 20 through SIC 39 (manufacturing);
5 SIC 422 (public warehousing and storage); SIC 70 (hotels and
6 other lodging places); SIC 7391 (research and development);
7 SIC 7992 (public golf courses); and SIC 7996 (amusement
8 parks). Excluded from eligible receipts are receipts from
9 retail sales, except such receipts for hotels and other
10 lodging places classified in SIC 70, public golf courses in
11 SIC 7992, and amusement parks in SIC 7996. For purposes of
12 this paragraph, the term "predominantly" means that more than
13 50 percent of the business' gross receipts from all sources is
14 generated by those activities usually provided for
15 consideration by firms in the specified standard industrial
16 classification. The determination of whether the business is
17 located in a qualified high-crime area and the tier ranking of
18 that area must be based on the date of application for the
19 credit under this section. Commonly owned and controlled
20 entities are to be considered a single business entity.
21 (b) "Qualified employee" means any employee of an
22 eligible business who performs duties in connection with the
23 operations of the business on a regular, full-time basis for
24 an average of at least 36 hours per week for at least 3 months
25 within the qualified high-crime area in which the eligible
26 business is located. An owner or partner of the eligible
27 business is not a qualified employee.
28 (c) "New business" means any eligible business first
29 beginning operation on a site in a qualified high-crime area
30 and clearly separate from any other commercial or business
31 operation of the business entity within a qualified high-crime
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1 area. A business entity that operated an eligible business
2 within a qualified high-crime area within the 48 months before
3 the application date shall not be considered a new business.
4 (d) "Existing business" means any eligible business
5 that does not meet the criteria for a new business.
6 (e) "Qualified high-crime area" means an area selected
7 by the Office of Tourism, Trade, and Economic Development in
8 the following manner: every third year, the office shall rank
9 and tier those areas nominated under subsection (6), according
10 to the following criteria:
11 1. Highest overall index crime rate for the geographic
12 area;
13 2. Highest overall index crime volume for the area;
14 3. Highest percentage of reported index crimes that
15 are violent in nature;
16 4. Highest reported crime volume and rate of specific
17 property crimes such as business and residential burglary,
18 motor vehicle theft, and vandalism; and
19 5. Highest arrest rates within the geographic area for
20 violent crime and for such other crimes as drug sale, drug
21 possession, prostitution, disorderly conduct, vandalism, and
22 other public-order offenses.
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24 Tier-one areas are ranked 1 through 5 and represent the
25 highest crime areas according to this ranking. Tier-two areas
26 are ranked 6 through 10 according to this ranking. Tier-three
27 areas are ranked 11 through 15.
28 (3) A new eligible business may apply for a tax credit
29 under this subsection once at any time during its first year
30 of operation. A new eligible business in a tier-one qualified
31 high-crime area which has at least 10 qualified employees on
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1 the date of application shall receive a $1,500 tax credit for
2 each such employee. A new eligible business in a tier-two
3 qualified high-crime area which has at least 20 qualified
4 employees on the date of application shall receive a $1,000
5 tax credit for each such employee. A new eligible business in
6 a tier-three qualified high-crime area which has at least 30
7 qualified employees on the date of application shall receive a
8 $500 tax credit for each such employee.
9 (4) An existing eligible business may apply for a tax
10 credit under this subsection at any time it is entitled to
11 such credit, except as restricted by this subsection. An
12 existing eligible business in a tier-one qualified high-crime
13 area which on the date of application has at least 5 more
14 qualified employees than it had 1 year prior to its date of
15 application shall receive a $1,500 tax credit for each such
16 additional employee. An existing eligible business in a
17 tier-two qualified high-crime area which on the date of
18 application has at least 10 more qualified employees than it
19 had 1 year prior to its date of application shall receive a
20 $1,000 credit for each such additional employee. An existing
21 business in a tier-three qualified high-crime area which on
22 the date of application has at least 15 more qualified
23 employees than it had 1 year prior to its date of application
24 shall receive a $500 tax credit for each such additional
25 employee. An existing eligible business may apply for the
26 credit under this subsection no more than once in any 12-month
27 period. Any existing eligible business that received a credit
28 under subsection (3) may not apply for the credit under this
29 subsection sooner than 12 months after the application date
30 for the credit under subsection (3).
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1 (5) For any new eligible business receiving a credit
2 pursuant to subsection (3), an additional $500 credit shall be
3 provided for any qualified employee who is a WAGES Program
4 participant pursuant to chapter 414. For any existing eligible
5 business receiving a credit pursuant to subsection (4), an
6 additional $500 credit shall be provided for any qualified
7 employee who is a WAGES Program participant pursuant to
8 chapter 414. Such employee must be employed on the application
9 date and have been employed less than 1 year. This credit
10 shall be in addition to other credits pursuant to this section
11 regardless of the tier-level of the high-crime area.
12 Appropriate documentation concerning the eligibility of an
13 employee for this credit must be submitted as determined by
14 the department.
15 (6) To be eligible for a tax credit under subsection
16 (4), the number of qualified employees employed 1 year prior
17 to the application date must be no lower than the number of
18 qualified employees on the application date on which a credit
19 under this section was based for any previous application,
20 including an application under subsection (3).
21 (7) Any county or municipality, or a county and one or
22 more municipalities together, may apply to the Office of
23 Tourism, Trade, and Economic Development for the designation
24 of an area as a high-crime area after the adoption by the
25 governing body or bodies of a resolution that:
26 (a) Finds that a high-crime area exists in such county
27 or municipality, or in both the county and one or more
28 municipalities, which chronically exhibits extreme and
29 unacceptable levels of poverty, unemployment, physical
30 deterioration, and economic disinvestment;
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1 (b) Determines that the rehabilitation, conservation,
2 or redevelopment, or a combination thereof, of such a
3 high-crime area is necessary in the interest of the health,
4 safety, and welfare of the residents of such county or
5 municipality, or such county and one or more municipalities;
6 and
7 (c) Determines that the revitalization of such a
8 high-crime area can occur if the public sector or private
9 sector can be induced to invest its own resources in
10 productive enterprises that build or rebuild the economic
11 viability of the area.
12 (8) The governing body of the entity nominating the
13 area shall provide to the Office of Tourism, Trade, and
14 Economic Development the following:
15 (a) The overall index crime rate for the geographic
16 area;
17 (b) The overall index crime volume for the area;
18 (c) The percentage of reported index crimes that are
19 violent in nature;
20 (d) The reported crime volume and rate of specific
21 property crimes such as business and residential burglary,
22 motor vehicle theft, and vandalism; and
23 (e) The arrest rates within the geographic area for
24 violent crime and for such other crimes as drug sale, drug
25 possession, prostitution, disorderly conduct, vandalism, and
26 other public-order offenses.
27 (9) A municipality, or a county and one or more
28 municipalities together, may not nominate more than one
29 high-crime area. However, any county as defined by s.
30 125.011(1) may nominate more than one high-crime area.
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1 (10) An area nominated by a county or municipality, or
2 a county and one or more municipalities together, for
3 designation as a high-crime area shall be eligible only if it
4 meets the following criteria:
5 (a) The selected area does not exceed 20 square miles
6 and either has a continuous boundary or consists of not more
7 than three noncontiguous parcels;
8 (b) The selected area does not exceed the following
9 mileage limitation:
10 1. For communities having a total population of
11 150,000 persons or more, the selected area does not exceed 20
12 square miles.
13 2. For communities having a total population of 50,000
14 persons or more, but less than 150,000 persons, the selected
15 area does not exceed 10 square miles.
16 3. For communities having a total population of 20,000
17 persons or more, but less than 50,000 persons, the selected
18 area does not exceed 5 square miles.
19 4. For communities having a total population of less
20 than 20,000 persons, the selected area does not exceed 3
21 square miles.
22 (11)(a) In order to claim this credit, an eligible
23 business must file under oath with the Department of Revenue a
24 statement that includes the name and address of the eligible
25 business and any other information that the Department of
26 Revenue requires.
27 (b) Within 30 working days after receipt of an
28 application for credit, the Department of Revenue shall review
29 the application to determine whether it contains all the
30 information required by this subsection and meets the criteria
31 set out in this section. Subject to the provisions of
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1 paragraph (c), the Department of Revenue shall approve all
2 applications that contain the information required by this
3 subsection and meet the criteria set out in this section as
4 eligible to receive a credit.
5 (c) The maximum credit amount that the department may
6 approve during any calendar year is $5 million. Applications
7 must be considered for approval in the order in which they are
8 received without regard to whether the credit is for a new or
9 existing business. This limitation applies to the value of
10 the credit as contained in approved applications. Approved
11 credits may be taken in the time and manner allowed pursuant
12 to this section.
13 (12) If the application is insufficient to support the
14 credit authorized in this section, the Department of Revenue
15 shall deny the credit and notify the business of that fact.
16 The business may reapply for this credit within 3 months after
17 such notification.
18 (13) If the credit under this section is greater than
19 can be taken on a single tax return, excess amounts may be
20 taken as credits on any tax return submitted within 12 months
21 after the approval of the application by the department.
22 (14) It is the responsibility of each business to
23 affirmatively demonstrate to the satisfaction of the
24 Department of Revenue that it meets the requirements of this
25 section.
26 (15) Any person who fraudulently claims this credit is
27 liable for repayment of the credit plus a mandatory penalty of
28 100 percent of the credit and is guilty of a misdemeanor of
29 the second degree, punishable as provided in s. 775.082 or s.
30 775.083.
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1 (16) A corporation may take the credit under this
2 section against its corporate income tax liability, as
3 provided in s. 220.189. However, a corporation that applies
4 its job tax credit against the tax imposed by chapter 220 may
5 not receive the credit provided for in this section. A credit
6 may be taken against only one tax.
7 (17) Applications for a credit under this section may
8 be submitted on or after January 1, 1999.
9 Section 2. Section 212.098, Florida Statutes, is
10 created to read:
11 212.098 Rural Job Tax Credit Program.--
12 (1) It is the intent of the Legislature to encourage
13 the provision of meaningful employment opportunities that will
14 improve the quality of life of those employed and to encourage
15 economic expansion of new and existing businesses in rural
16 areas of this state. Upon an affirmative showing by a business
17 to the satisfaction of the Department of Revenue that the
18 requirements of this section have been met, the business shall
19 be allowed a credit against the tax remitted under this
20 chapter.
21 (2) As used in this section, the term:
22 (a) "Eligible business" means any sole proprietorship,
23 firm, partnership, or corporation that is located in a
24 qualified county and is predominantly engaged in, or is
25 headquarters for a business predominantly engaged in,
26 activities usually provided for consideration by firms
27 classified within the following standard industrial
28 classifications: SIC 01 through SIC 09 (agriculture,
29 forestry, and fishing); SIC 20 through SIC 39 (manufacturing);
30 SIC 422 (public warehousing and storage); SIC 70 (hotels and
31 other lodging places); SIC 7391 (research and development);
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1 SIC 7992 (public golf courses); and SIC 7996 (amusement
2 parks). Excluded from eligible receipts are receipts from
3 retail sales, except such receipts for hotels and other
4 lodging places classified in SIC 70, public golf courses in
5 SIC 7992, and amusement parks in SIC 7996. For purposes of
6 this paragraph, the term "predominantly" means that more than
7 50 percent of the business' gross receipts from all sources is
8 generated by those activities usually provided for
9 consideration by firms in the specified standard industrial
10 classification. The determination of whether the business is
11 located in a qualified county and the tier ranking of that
12 county must be based on the date of application for the credit
13 under this section. Commonly owned and controlled entities are
14 to be considered a single business entity.
15 (b) "Qualified employee" means any employee of an
16 eligible business who performs duties in connection with the
17 operations of the business on a regular, full-time basis for
18 an average of at least 36 hours per week for at least 3 months
19 within the qualified county in which the eligible business is
20 located. An owner or partner of the eligible business is not a
21 qualified employee.
22 (c) "Qualified county" means a county that has a
23 population of fewer than 50,000 persons, or any county that
24 has a population of 100,000 or less and is contiguous to a
25 county that has a population of less than 50,000, selected in
26 the following manner: every third year, the Office of
27 Tourism, Trade, and Economic Development shall rank and tier
28 the state's counties according to the following four factors:
29 1. Highest unemployment rate for the most recent
30 36-month period.
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1 2. Lowest per capita income for the most recent
2 36-month period.
3 3. Highest percentage of residents whose incomes are
4 below the poverty level, based upon the most recent data
5 available.
6 4. Average weekly manufacturing wage, based upon the
7 most recent data available.
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9 Tier-one qualified counties are those ranked 1 through 5 and
10 represent the state's least-developed counties according to
11 this ranking. Tier-two qualified counties are those ranked 6
12 through 10, and tier-three counties are those ranked 11
13 through 15.
14 (d) "New business" means any eligible business first
15 beginning operation on a site in a qualified county and
16 clearly separate from any other commercial or business
17 operation of the business entity within a qualified county. A
18 business entity that operated an eligible business within a
19 qualified county within the 48 months before the application
20 date shall not be considered a new business.
21 (e) "Existing business" means any eligible business
22 that does not meet the criteria for a new business.
23 (3) A new eligible business may apply for a tax credit
24 under this subsection once at any time during its first year
25 of operation. A new eligible business in a tier-one qualified
26 county which has at least 10 qualified employees on the date
27 of application shall receive a $1,500 tax credit for each such
28 employee. A new eligible business in a tier-two qualified
29 county which has at least 20 qualified employees on the date
30 of application shall receive a $1,000 tax credit for each such
31 employee. A new eligible business in a tier-three qualified
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1 county which has at least 30 qualified employees on the date
2 of application shall receive a $500 tax credit for each such
3 employee.
4 (4) An existing eligible business may apply for a tax
5 credit under this subsection at any time it is entitled to
6 such credit, except as restricted by this subsection. An
7 existing eligible business in a tier-one qualified county
8 which on the date of application has at least 5 more qualified
9 employees than it had 1 year prior to its date of application
10 shall receive a $1,500 tax credit for each such additional
11 employee. An existing eligible business in a tier-two
12 qualified county which on the date of application has at least
13 10 more qualified employees than it had 1 year prior to its
14 date of application shall receive a $1,000 credit for each
15 such additional employee. An existing business in a tier-three
16 qualified county which on the date of application has at least
17 15 more qualified employees than it had 1 year prior to its
18 date of application shall receive a $500 tax credit for each
19 such additional employee. An existing eligible business may
20 apply for the credit under this subsection no more than once
21 in any 12-month period. Any existing eligible business that
22 received a credit under subsection (3) may not apply for the
23 credit under this subsection sooner than 12 months after the
24 application date for the credit under subsection (3).
25 (5) For any new eligible business receiving a credit
26 pursuant to subsection (3), an additional $500 credit shall be
27 provided for any qualified employee who is a WAGES Program
28 participant pursuant to chapter 414. For any existing eligible
29 business receiving a credit pursuant to subsection (4), an
30 additional $500 credit shall be provided for any qualified
31 employee who is a WAGES Program participant pursuant to
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1 chapter 414. Such employee must be employed on the application
2 date and have been employed less than 1 year. This credit
3 shall be in addition to other credits pursuant to this section
4 regardless of the tier-level of the county. Appropriate
5 documentation concerning the eligibility of an employee for
6 this credit must be submitted as determined by the department.
7 (6) To be eligible for a tax credit under subsection
8 (4), the number of qualified employees employed 1 year prior
9 to the application date must be no lower than the number of
10 qualified employees on the application date on which a credit
11 under this section was based for any previous application,
12 including an application under subsection (3).
13 (7)(a) In order to claim this credit, an eligible
14 business must file under oath with the Department of Revenue a
15 statement that includes the name and address of the eligible
16 business, the starting salary or hourly wages paid to the new
17 employee, and any other information that the Department of
18 Revenue requires.
19 (b) Within 30 working days after receipt of an
20 application for credit, the Department of Revenue shall review
21 the application to determine whether it contains all the
22 information required by this subsection and meets the criteria
23 set out in this section. Subject to the provisions of
24 paragraph (c), the Department of Revenue shall approve all
25 applications that contain the information required by this
26 subsection and meet the criteria set out in this section as
27 eligible to receive a credit.
28 (c) The maximum credit amount that the department may
29 approve during any calendar year is $5 million. Applications
30 must be considered for approval in the order in which they are
31 received without regard to whether the credit is for a new or
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1 existing business. This limitation applies to the value of
2 the credit as contained in approved applications. Approved
3 credits may be taken in the time and manner allowed pursuant
4 to this section.
5 (8) If the application is insufficient to support the
6 credit authorized in this section, the Department of Revenue
7 shall deny the credit and notify the business of that fact.
8 The business may reapply for this credit within 3 months after
9 such notification.
10 (9) If the credit under this section is greater than
11 can be taken on a single tax return, excess amounts may be
12 taken as credits on any tax return submitted within 12 months
13 after the approval of the application by the department.
14 (10) It is the responsibility of each business to
15 affirmatively demonstrate to the satisfaction of the
16 Department of Revenue that it meets the requirements of this
17 section.
18 (11) Any person who fraudulently claims this credit is
19 liable for repayment of the credit plus a mandatory penalty of
20 100 percent of the credit and is guilty of a misdemeanor of
21 the second degree, punishable as provided in s. 775.082 or s.
22 775.083.
23 (12) A corporation may take the credit under this
24 section against its corporate income tax liability, as
25 provided in s. 220.189. However, a corporation that uses its
26 job tax credit against the tax imposed by chapter 220 may not
27 receive the credit provided for in this section. A credit may
28 be taken against only one tax.
29 (13) Applications for a credit under this section may
30 be submitted on or after January 1, 1999.
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1 Section 3. Subsection (10) of section 220.02, Florida
2 Statutes, is amended to read:
3 220.02 Legislative intent.--
4 (10) It is the intent of the Legislature that credits
5 against either the corporate income tax or the franchise tax
6 be applied in the following order: those enumerated in s.
7 220.68, those enumerated in s. 631.719(1), those enumerated in
8 s. 631.705, those enumerated in s. 220.18, those enumerated in
9 s. 631.828, those enumerated in s. 220.181, those enumerated
10 in s. 220.183, those enumerated in s. 220.182, those
11 enumerated in s. 220.189, those enumerated in s. 221.02, those
12 enumerated in s. 220.184, those enumerated in s. 220.186, and
13 those enumerated in s. 220.188.
14 Section 4. Paragraph (a) of subsection (1) of section
15 220.13, Florida Statutes, is amended to read:
16 220.13 "Adjusted federal income" defined.--
17 (1) The term "adjusted federal income" means an amount
18 equal to the taxpayer's taxable income as defined in
19 subsection (2), or such taxable income of more than one
20 taxpayer as provided in s. 220.131, for the taxable year,
21 adjusted as follows:
22 (a) Additions.--There shall be added to such taxable
23 income:
24 1. The amount of any tax upon or measured by income,
25 excluding taxes based on gross receipts or revenues, paid or
26 accrued as a liability to the District of Columbia or any
27 state of the United States which is deductible from gross
28 income in the computation of taxable income for the taxable
29 year.
30 2. The amount of interest which is excluded from
31 taxable income under s. 103(a) of the Internal Revenue Code or
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1 any other federal law, less the associated expenses disallowed
2 in the computation of taxable income under s. 265 of the
3 Internal Revenue Code or any other law, excluding 60 percent
4 of any amounts included in alternative minimum taxable income,
5 as defined in s. 55(b)(2) of the Internal Revenue Code, if the
6 taxpayer pays tax under s. 220.11(3).
7 3. In the case of a regulated investment company or
8 real estate investment trust, an amount equal to the excess of
9 the net long-term capital gain for the taxable year over the
10 amount of the capital gain dividends attributable to the
11 taxable year.
12 4. That portion of the wages or salaries paid or
13 incurred for the taxable year which is equal to the amount of
14 the credit allowable for the taxable year under s. 220.181.
15 The provisions of this subparagraph shall expire and be void
16 on June 30, 2005.
17 5. That portion of the ad valorem school taxes paid or
18 incurred for the taxable year which is equal to the amount of
19 the credit allowable for the taxable year under s. 220.182.
20 The provisions of this subparagraph shall expire and be void
21 on June 30, 2005.
22 6. The amount of emergency excise tax paid or accrued
23 as a liability to this state under chapter 221 which tax is
24 deductible from gross income in the computation of taxable
25 income for the taxable year.
26 7. That portion of assessments to fund a guaranty
27 association incurred for the taxable year which is equal to
28 the amount of the credit allowable for the taxable year.
29 8. In the case of a nonprofit corporation which holds
30 a pari-mutuel permit and which is exempt from federal income
31 tax as a farmers' cooperative, an amount equal to the excess
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1 of the gross income attributable to the pari-mutuel operations
2 over the attributable expenses for the taxable year.
3 9. The amount taken as a credit for the taxable year
4 under s. 220.189.
5 Section 5. Section 220.189, Florida Statutes, is
6 created to read:
7 220.189 Rural Jobs Credit and Urban High-Crime Area
8 Credit.--There shall be allowed a credit against the tax
9 imposed by this chapter amounts approved by the Department of
10 Revenue pursuant to the Rural Jobs Tax Credit Program in s.
11 212.098 and the Urban High-Crime Area Job Tax Credit Program
12 in s. 212.097. A corporation that uses its credit against the
13 tax imposed by this chapter may not take the credit against
14 the tax imposed by chapter 212. If any credit granted under
15 this section is not fully used in the first year for which it
16 becomes available, the unused amount may be carried forward
17 for a period not to exceed 5 years. The carryover may be used
18 in a subsequent year when the tax imposed by this chapter for
19 such year exceeds the credit for such year under this section
20 after applying the other credits and unused credit carryovers
21 in the order provided in s. 220.02(10).
22 Section 6. This act shall take effect July 1, 1997.
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2 SENATE SUMMARY
3 Creates the Urban High-Crime Area Job Tax Credit Program
and the Rural Job Tax Credit Program. Provides for a
4 business that engages in specified business activities
and that is located in a high-crime area or a rural area
5 to be eligible for a credit against the tax imposed on
sales, use, and other transactions. Provides for the
6 amount of the tax credit to be based on the number of
employees employed by the business and the ranking of the
7 area where the business is located. Provides for the
Office of Tourism, Trade, and Economic Development within
8 the Executive Office of the Governor to designate and
rank areas as high-crime areas or qualified rural areas.
9 Provides an additional tax credit for a business that
employs a participant of the WAGES Program. Requires the
10 Department of Revenue to review applications for the tax
credits. Provides for the department to approve a maximum
11 of $5 million for each tax credit program in any one
calendar year. Provides that it is a second-degree
12 misdemeanor to fraudulently claim a credit under the
Urban High-Crime Area Job Tax Credit Program or the Rural
13 Job Tax Credit Program. Provides for additional fines to
be imposed. (See bill for details.)
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