HB 1223

1
A bill to be entitled
2An act relating to corporate income tax credits for small
3business corporations; requiring the Department of Revenue
4to establish a corporate income tax credit program for
5certain small businesses; providing a definition;
6requiring the department to provide tax credit
7applications on its website; providing for department
8approval of tax credit applications; requiring the
9department to file copies of approved applications and
10send copies to applicants; providing criteria and
11requirements for and limitations on the tax credit;
12authorizing not-for-profit small business corporations to
13auction eligible tax credits to certain entities;
14specifying uses of proceeds of auctioned credits;
15requiring the department to develop a plan to auction tax
16credits; requiring the department to establish a workgroup
17for certain purposes; authorizing the department to adopt
18rules; requiring the Office of Program Policy Analysis and
19Government Accountability to review the program and report
20to the Legislature; providing an effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  (1)  The Department of Revenue shall establish
25a program to grant to small business corporations a credit
26against the tax imposed under chapter 220, Florida Statutes, as
27provided in this section.
28     (2)  For purposes of this section, the term "small business
29corporation" means a for-profit or not-for-profit corporation
30registered with the Department of State that employs fewer than
31250 employees and is doing business in this state.
32     (3)  The Department of Revenue shall make available on its
33website to small business corporations an application for the
34tax credit authorized by this section.
35     (4)  Upon receipt of a completed application from an
36eligible small business corporation that meets the requirements
37of this section for a credit, the department shall approve the
38application and shall place a copy of the approved application
39on file with the corporation's tax file and send a copy of the
40approved application to the corporation seeking the credit.
41     (5)  Each small business corporation is eligible to receive
42a credit against the tax imposed under chapter 220, Florida
43Statutes, in an amount equal to 75 percent of each dollar the
44applicant can demonstrate, through methods acceptable and
45approved by the department, that the applicant invested in
46employee training, expansion of employment of up to 15 new
47positions, and investment in the purchase of new or used
48business equipment for the year in which the investment
49occurred.
50     (6)  The total amount of the tax credit available to any
51small business corporation is limited to $100,000 for each such
52corporation.
53     (7)(a)  A not-for-profit small business corporation may
54auction any tax credit the corporation is eligible to receive to
55any private investor and the funds generated from the sale of
56the tax credit shall be used by such corporation as matching
57funds for grants, Medicaid waivers, or investments in staff
58training, construction of new buildings or renovation of current
59buildings, purchase of new or used business equipment, or
60expansions of its workforce.
61     (b)  The purchase of a tax credit auctioned by a not-for-
62profit small business corporation is limited to corporations
63registered in this state or individuals that operate or live in
64this state.
65     (c)  The department shall develop a plan for auctioning tax
66credits and shall make available on its website information as
67to how individuals or corporations can participate in the
68process.
69     (8)  The department shall create a workgroup of advocates,
70business leaders, and stakeholders to provide direction and
71assistance with the development of rules required to implement
72this program.
73     (9)  The department may any adopt rules necessary to
74implement the requirements of this section.
75     (10)  The Office of Program Policy Analysis and Government
76Accountability shall review the impact of the program on
77stimulating economic expansion and investment in equipment, not-
78for-profits, and workforce development and provide a report to
79the President of the Senate and the Speaker of the House of
80Representatives no later than January 1, 2012.
81     Section 2.  This act shall take effect July 1, 2009.


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