HB 1255CS

CHAMBER ACTION




1The Committee on Commerce recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to tax refunds for hiring a person who has
7a disability; creating a tax refund program for hiring a
8person who has a disability; providing definitions;
9authorizing certain businesses to receive a refund of
10certain eligible taxes; prescribing the amount of refunds;
11providing criteria and limitations; authorizing additional
12refunds for providing employee health insurance;
13prescribing taxes that may be refunded; providing limits
14on refunds; providing a criminal penalty for owners or
15operators of businesses fraudulently claiming a refund;
16providing for repayment of refunds plus penalties;
17providing requirements, deadlines, and procedures relating
18to claiming refunds; providing duties of the Division of
19Vocational Rehabilitation of the Department of Education
20and the Department of Revenue; specifying that refunds are
21subject to legislative appropriation; providing for
22proration of refunds under certain circumstances;
23providing duties of the Chief Financial Officer; providing
24for review and approval of applications for refunds;
25providing for interagency cooperation and sharing of
26information; providing for agency rules; providing for
27future repeal; providing an appropriation; providing an
28effective date.
29
30Be It Enacted by the Legislature of the State of Florida:
31
32     Section 1.  Tax refund program for hiring a person who has
33a disability.--
34     (1)  DEFINITIONS.--As used in this section:
35     (a)  "Business" means an employing unit, as defined in s.
36443.036, Florida Statutes, which is registered for unemployment
37compensation purposes with the state agency providing
38unemployment tax collection services under contract with the
39Agency for Workforce Innovation through an interagency agreement
40under s. 443.1316, Florida Statutes, or a subcategory or
41division of an employing unit which is accepted by the state
42agency providing unemployment tax collection services as a
43reporting unit.
44     (b)  "Division" means the Division of Vocational
45Rehabilitation of the Department of Education.
46     (c)  "Eligible employee" means a person who has a
47disability and who:
48     1.  Was hired after July 1, 2004.
49     2.  Works at least 80 hours per month.
50     3.  Receives a salary that exceeds the federal minimum
51wage.
52     (d)  "Fiscal year" means the state fiscal year.
53     (e)  "Person who has a disability" means the same as that
54term is used in s. 413.20, Florida Statutes, and as further
55prescribed in rules of the division implementing this section.
56     (f)  "Qualified business" means a business that has been
57approved by the division to receive a tax refund under this
58section as provided in subsection (3).
59     (g)  "Taxable year" means taxable year as defined in s.
60220.03(1), Florida Statutes.
61     (2)  TAX REFUND; ELIGIBLE AMOUNTS.--
62     (a)  A business that hires a person who has a disability
63may receive a refund of eligible taxes certified by the division
64which were paid by the business.
65     (b)  The refund shall be equal to 20 percent of the portion
66of the actual monthly wages paid in this state to each eligible
67employee which exceeds the federal minimum wage. The refund
68under this paragraph, however, may not exceed $6,000 per
69eligible employee per fiscal year.
70     (c)  Notwithstanding paragraph (b), a business may receive
71an additional refund equal to $70 per month for each eligible
72employee who is covered by a health insurance plan offered by
73the business.
74     (d)  A business may claim a refund for any month during
75which an eligible employee is employed by the business. An
76eligible employee may serve as the basis for refunds for a
77period not to exceed 2 calendar years.
78     (e)  A business may claim refunds for no more than five
79eligible employees.
80     (f)  A business may:
81     1.  Receive refunds for the following taxes due and paid by
82that business beginning with the first taxable year of the
83business after hiring the eligible employee:
84     a.  Corporate income taxes under chapter 220, Florida
85Statutes.
86     b.  Insurance premium tax under s. 624.509, Florida
87Statutes.
88     2.  Receive refunds for the following taxes due and paid by
89that business after hiring the eligible employee:
90     a.  Taxes on sales, use, and other transactions under
91chapter 212, Florida Statutes.
92     b.  Intangible personal property taxes under chapter 199,
93Florida Statutes.
94     c.  Emergency excise taxes under chapter 221, Florida
95Statutes.
96     d.  Excise taxes on documents under chapter 201, Florida
97Statutes.
98     e.  Ad valorem taxes paid, as defined in s. 220.03(1),
99Florida Statutes.
100     (g)  However, a business may not receive a refund under
101this section for any amount of credit, refund, or exemption
102granted to that business for any of such taxes. If a refund for
103such taxes is provided by the division, which taxes are
104subsequently adjusted by the application of any credit, refund,
105or exemption granted to the qualified business other than as
106provided in this section, the business shall reimburse the
107division for the amount of that credit, refund, or exemption. A
108qualified business shall notify and tender payment to the
109division within 20 days after receiving any credit, refund, or
110exemption other than one provided in this section. Any payment
111received by the division under this paragraph shall be deposited
112into the General Revenue Fund.
113     (h)  The owner or operator of any business that
114fraudulently claims a refund under this section:
115     1.  Is liable for repayment of the amount of the refund,
116plus a mandatory penalty in the amount of 200 percent of the tax
117refund, which shall be deposited into the General Revenue Fund.
118     2.  Commits a felony of the third degree, punishable as
119provided in s. 775.082, s. 775.083, or s. 775.084, Florida
120Statutes.
121     (3)  ANNUAL CLAIM FOR REFUND; APPROVAL.--
122     (a)  Beginning January 1, 2005, to be eligible to claim a
123tax refund under this section, a business must apply by January
1241 to the division for the tax refund, to be paid from the
125appropriation by the Legislature for the fiscal year that begins
126on July 1 following the January 1 claims-submission date.
127     (b)  The claim for a refund by the business must include:
128     1.  A copy of all receipts pertaining to the payment of
129taxes for which the refund is sought.
130     2.  Documentation, in a form and manner prescribed by the
131division, demonstrating that an eligible employee is the basis
132for the refund.
133     3.  Documentation, if applicable, in a form and manner
134prescribed by the division, demonstrating that the eligible
135employee who is the basis for the refund is covered by the
136health insurance plan of the business in a manner that satisfies
137paragraph (2)(c).
138     (c)  The division, with such assistance as may be required
139from the Department of Revenue or the Agency for Workforce
140Innovation, shall, by March 30 following the date for submission
141of the tax refund claim, specify by written order the approval
142or disapproval of the tax refund claim and, if approved, the
143amount of the tax refund that is authorized to be paid to the
144qualified business for the annual tax refund. The Department of
145Revenue shall verify the payment of taxes for which the refund
146is sought.
147     (d)  This section does not create a presumption that a tax
148refund claim will be approved and paid to a qualified business.
149Refunds under this section are subject to appropriation by the
150Legislature.
151     (e)  If the Legislature does not appropriate an amount
152sufficient to pay all refunds determined by the division to be
153qualified for payment in a fiscal year, the division shall amend
154the written orders under paragraph (c) relating to that fiscal
155year and prorate refunds to qualified businesses for that fiscal
156year.
157     (f)  Upon approval of the claim for a tax refund, and upon
158an appropriation by the Legislature for refunds under this
159section, the Chief Financial Officer shall issue a warrant for
160the amount specified in the written order or, if applicable, the
161revised written order. If the written order or revised written
162order is appealed, the Chief Financial Officer may not issue a
163warrant for a refund to the qualified business until the
164conclusion of all appeals of the order.
165     (4)  ADMINISTRATION.--
166     (a)  The division may verify information provided in any
167claim submitted for tax refunds under this section with regard
168to employment and wage levels or the payment of the taxes to the
169appropriate agency or authority, including the Department of
170Revenue, the Agency for Workforce Innovation, or any local
171government or authority.
172     (b)  To facilitate the process of monitoring and auditing
173applications made under this section, the division may provide a
174list of businesses to the Department of Revenue, the Agency for
175Workforce Innovation, or any local government or authority. The
176office may request the assistance of those entities with respect
177to monitoring jobs, wages, and the payment of the taxes listed
178in subsection (2).
179     (c)  Funds specifically appropriated for the tax refund
180program under this section may not be used for any purpose other
181than the payment of tax refunds authorized by this section.
182     (d)  The division may adopt rules pursuant to ss.
183120.536(1) and 120.54, Florida Statutes, to administer this
184section.
185     (5)  EXPIRATION.--This section is repealed June 30, 2010.
186     Section 2.  The sum of $2,820,000 is appropriated from the
187General Revenue Fund to the Department of Education for the
188payment of refunds during fiscal year 2004-2005 under the tax
189refund program for hiring a disabled person as created by this
190act.
191     Section 3.  This act shall take effect upon becoming a law.


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