HB 1255

1
A bill to be entitled
2An act relating to tax credits for hiring a person who has
3a disability; creating ss. 212.099 and 220.193, F.S.;
4authorizing credits against the sales and use tax and the
5corporate income tax, respectively, for hiring a person
6who has a disability; providing conditions and procedures
7for receiving the tax credit; authorizing rulemaking by
8the Department of Revenue and the Department of Education;
9providing criminal penalties; providing for future
10expiration of the provisions; amending s. 220.02, F.S.;
11providing legislative intent on the order in which to
12claim the credit against corporate income tax; amending s.
13220.13, F.S.; providing for adjustments to taxable income
14to account for the credit against corporate income tax;
15providing for future expiration; providing an effective
16date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Section 212.099, Florida Statutes, is created
21to read:
22     212.099  Credit for hiring a person who has a disability.--
23     (1)  As used in this section, the term "person who has a
24disability" has the same meaning ascribed in s. 413.20 and in
25rules of the Division of Vocational Rehabilitation of the
26Department of Education which implement that section and part II
27of chapter 413.
28     (2)(a)  Beginning January 1, 2005, there shall be allowed a
29credit against the tax remitted under this chapter for a
30business that demonstrates to the department that it has hired,
31on or after July 1, 2004, a person who has a disability.
32     (b)  The credit shall be computed as 20 percent of the
33actual monthly wages paid in this state during the taxable
34period to each employee who is a person who has a disability.
35The credit may be claimed for a maximum of five eligible
36employees per taxable period and may not exceed $670 per
37eligible employee per month.
38     (3)(a)  The credit under this section applies only with
39respect to wages subject to unemployment tax.
40     (b)  The credit does not apply for an employee who:
41     1.  Works fewer than 80 hours per month; or
42     2.  Is employed for a period of less than 3 calendar
43months.
44     (4)  A business that uses a credit under this section
45against the tax imposed by this chapter may not take the credit
46under s. 220.193 against the tax imposed by chapter 220.
47     (5)  Credit under this section is not allowed for a month
48in which the tax due for such period or the tax return required
49under s. 212.11 for such period is delinquent.
50     (6)  If a business has a credit larger than the amount owed
51the state on the tax return for the period in which the credit
52is claimed, the amount of the credit for that time period is the
53amount owed the state on that tax return.
54     (7)  Before claiming a credit under this section, a
55business must obtain from the Division of Vocational
56Rehabilitation of the Department of Education a written
57verification that the employee who is the basis for the credit
58is a person who has a disability. The division may adopt rules
59under ss. 120.536(1) and 120.54 to administer this subsection,
60including, but not limited to, rules governing the process for
61applying for the verification and the criteria for evaluating an
62application for verification.
63     (8)  To receive the credit under this section, a business
64must demonstrate to the department that it has satisfied the
65conditions and requirements of this section. The department may
66adopt rules under ss. 120.536(1) and 120.54 to administer this
67section, including, but not limited to, rules governing the
68procedures and forms to claim a credit and the guidelines for
69approval or disapproval of the claim.
70     (9)(a)  A person who fraudulently claims a credit under
71this section is liable for repayment of the credit, plus a
72mandatory penalty in the amount of 100 percent of the credit,
73plus interest at the rate provided in this chapter, and commits
74a misdemeanor of the first degree, punishable as provided in s.
75775.082 or s. 775.083.
76     (b)  A person who makes an underpayment of tax as a result
77of a grossly overstated claim for this credit commits a felony
78of the third degree, punishable as provided in s. 775.082 or s.
79775.083. For the purposes of this paragraph, the term "grossly
80overstated claim" means a claim in an amount in excess of 100
81percent of the amount of credit allowable under this section.
82     (10)  This section expires on June 30, 2009; however, the
83expiration of this section does not affect the operation of any
84credit for which a taxpayer has qualified under this section
85before June 30, 2009.
86     Section 2.  Section 220.193, Florida Statutes, is created
87to read:
88     220.193  Credit for hiring a person who has a disability.--
89     (1)  As used in this section, the term "person who has a
90disability" has the same meaning ascribed in s. 413.20 and in
91rules of the Division of Vocational Rehabilitation of the
92Department of Education which implement that section and part II
93of chapter 413.
94     (2)(a)  Beginning January 1, 2005, there shall be allowed a
95credit against the tax imposed by this chapter to a taxpayer
96that demonstrates to the department that it has hired, on or
97after July 1, 2004, a person who has a disability.
98     (b)  The credit shall be computed as 20 percent of the
99actual monthly wages paid in this state during the taxable
100period to each employee who is a person who has a disability.
101The credit may be claimed for a maximum of five eligible
102employees per taxable period and may not exceed $8,000 per
103eligible employee each taxable year.
104     (3)(a)  The credit under this section applies only with
105respect to wages subject to unemployment tax.
106     (b)  The credit does not apply for an employee who:
107     1.  Works fewer than 80 hours per month; or
108     2.  Is employed for a period of less than 3 calendar
109months.
110     (4)  A taxpayer that uses a credit granted under this
111section against the tax imposed by this chapter may not take the
112credit granted under s. 212.099 against the tax imposed by
113chapter 212.
114     (5)  If the credit is not fully used in any one year, the
115unused amount may be carried forward for a period not to exceed
1165 years. The carryover credit may be used in a subsequent year
117if the tax imposed by this chapter for such year exceeds the
118credit for such year after applying the other credits and unused
119credit carryovers in the order provided in s. 220.02.
120     (6)  Before claiming a credit under this section, a
121taxpayer must obtain from the Division of Vocational
122Rehabilitation of the Department of Education a written
123verification that the employee who is the basis for the credit
124is a person who has a disability. The division may adopt rules
125under ss. 120.536(1) and 120.54 to administer this subsection,
126including, but not limited to, rules governing the process for
127applying for the verification and the criteria for evaluating an
128application for verification.
129     (7)  To receive the credit under this section, a taxpayer
130must demonstrate to the department that it has satisfied the
131conditions and requirements of this section. The department may
132adopt rules under ss. 120.536(1) and 120.54 to administer this
133section, including, but not limited to, rules governing the
134procedures and forms to claim a credit and the guidelines for
135approval or disapproval of the claim.
136     (8)(a)  A person who fraudulently claims a credit under
137this section is liable for repayment of the credit, plus a
138mandatory penalty in the amount of 100 percent of the credit,
139plus interest at the rate provided in s. 220.807, and commits a
140misdemeanor of the first degree, punishable as provided in s.
141775.082 or s. 775.083.
142     (b)  A person who makes an underpayment of tax as a result
143of a grossly overstated claim for this credit commits a felony
144of the third degree, punishable as provided in s. 775.082 or s.
145775.083. For the purposes of this paragraph, the term "grossly
146overstated claim" means a claim in an amount in excess of 100
147percent of the amount of credit allowable under this section.
148     (9)  This section expires on June 30, 2009; however, the
149expiration of this section does not affect the operation of any
150credit for which a taxpayer has qualified under this section
151before June 30, 2009, or any carryforward of unused credit
152amounts as provided in subsection (5).
153     Section 3.  Subsection (8) of section 220.02, Florida
154Statutes, is amended to read:
155     220.02  Legislative intent.--
156     (8)  It is the intent of the Legislature that credits
157against either the corporate income tax or the franchise tax be
158applied in the following order: those enumerated in s. 631.828,
159those enumerated in s. 220.191, those enumerated in s. 220.181,
160those enumerated in s. 220.183, those enumerated in s. 220.182,
161those enumerated in s. 220.1895, those enumerated in s. 221.02,
162those enumerated in s. 220.184, those enumerated in s. 220.186,
163those enumerated in s. 220.1845, those enumerated in s. 220.19,
164those enumerated in s. 220.185, and those enumerated in s.
165220.187, and those enumerated in s. 220.193.
166     Section 4.  Paragraph (a) of subsection (1) of section
167220.13, Florida Statutes, is amended to read:
168     220.13  "Adjusted federal income" defined.--
169     (1)  The term "adjusted federal income" means an amount
170equal to the taxpayer's taxable income as defined in subsection
171(2), or such taxable income of more than one taxpayer as
172provided in s. 220.131, for the taxable year, adjusted as
173follows:
174     (a)  Additions.--There shall be added to such taxable
175income:
176     1.  The amount of any tax upon or measured by income,
177excluding taxes based on gross receipts or revenues, paid or
178accrued as a liability to the District of Columbia or any state
179of the United States which is deductible from gross income in
180the computation of taxable income for the taxable year.
181     2.  The amount of interest which is excluded from taxable
182income under s. 103(a) of the Internal Revenue Code or any other
183federal law, less the associated expenses disallowed in the
184computation of taxable income under s. 265 of the Internal
185Revenue Code or any other law, excluding 60 percent of any
186amounts included in alternative minimum taxable income, as
187defined in s. 55(b)(2) of the Internal Revenue Code, if the
188taxpayer pays tax under s. 220.11(3).
189     3.  In the case of a regulated investment company or real
190estate investment trust, an amount equal to the excess of the
191net long-term capital gain for the taxable year over the amount
192of the capital gain dividends attributable to the taxable year.
193     4.  That portion of the wages or salaries paid or incurred
194for the taxable year which is equal to the amount of the credit
195allowable for the taxable year under s. 220.181. The provisions
196of this subparagraph shall expire and be void on June 30, 2005.
197     5.  That portion of the ad valorem school taxes paid or
198incurred for the taxable year which is equal to the amount of
199the credit allowable for the taxable year under s. 220.182. The
200provisions of this subparagraph shall expire and be void on June
20130, 2005.
202     6.  The amount of emergency excise tax paid or accrued as a
203liability to this state under chapter 221 which tax is
204deductible from gross income in the computation of taxable
205income for the taxable year.
206     7.  That portion of assessments to fund a guaranty
207association incurred for the taxable year which is equal to the
208amount of the credit allowable for the taxable year.
209     8.  In the case of a nonprofit corporation which holds a
210pari-mutuel permit and which is exempt from federal income tax
211as a farmers' cooperative, an amount equal to the excess of the
212gross income attributable to the pari-mutuel operations over the
213attributable expenses for the taxable year.
214     9.  The amount taken as a credit for the taxable year under
215s. 220.1895.
216     10.  Up to nine percent of the eligible basis of any
217designated project which is equal to the credit allowable for
218the taxable year under s. 220.185.
219     11.  The amount taken as a credit for the taxable year
220under s. 220.187.
221     12.  The amount taken as a credit for the taxable year
222under s. 220.193. This subparagraph expires on June 30, 2009.
223     Section 5.  This act shall take effect July 1, 2004.


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