Florida Senate - 2009                                    SB 1928
       
       
       
       By Senator Altman
       
       
       
       
       24-01231-09                                           20091928__
    1                        A bill to be entitled                      
    2         An act relating to tax credits for certain
    3         restaurants; creating s. 509.0495, F.S.; providing
    4         definitions; authorizing the Office of Tourism, Trade,
    5         and Economic Development to issue tax credits for
    6         certain restaurants that employ tipped employees;
    7         providing application procedures; providing for annual
    8         adjustment of the credit amounts; limiting the amount
    9         of such credits; providing funding; providing
   10         procedures for applying the credits; providing for
   11         publicizing the program; providing penalties for
   12         persons who file fraudulent claims; providing an
   13         effective date.
   14         
   15  Be It Enacted by the Legislature of the State of Florida:
   16         
   17         Section 1. Section 509.0495, Florida Statutes, is created
   18  to read:
   19         509.0495Tax credit for restaurants employing tipped
   20  employees.—
   21         (1)As used in this section, the term:
   22         (a)“Department” means the Department of Revenue.
   23         (b)“Eligible business” means a public food service
   24  establishment, licensed pursuant to s. 509.241, which employees
   25  one or more tipped employees.
   26         (c)“Office” means the Office of Tourism, Trade, and
   27  Economic Development.
   28         (d)“Tipped employee” means a person who is employed in a
   29  position in which he or she customarily and regularly receives
   30  more than $30 per month in tips.
   31         (2)(a)An eligible business, upon an affirmative showing to
   32  the satisfaction of the office that the requirements of this
   33  section have been met, shall be granted a tax credit that the
   34  business may apply to its liability for sales, storage, or use
   35  taxes as provided in s. 212.05, to its liability for corporate
   36  income tax as provided in s. 220.11, or partially to both. An
   37  eligible business shall apply to the office for the tax credit
   38  using an application adopted by the office for this purpose.
   39  Applications shall be filed with the office in February of each
   40  year and must reflect the hours worked by tipped employees
   41  during the prior calendar year.
   42         (b)The tax credit is $2.06 for each hour worked by a
   43  tipped employee during the 2009 calendar year for applications
   44  filed in February 2010. The tax credit for applications filed in
   45  subsequent years shall be $2.06 for each hour worked by a tipped
   46  employee during the calendar year prior to the filing of the
   47  application, adjusted by the same rate of inflation used by the
   48  Agency for Workforce Innovation to adjust the state minimum wage
   49  effective January 1 of the year the application is filed, as
   50  provided in s. 448.110.
   51         (c)The tax credits shall be funded from surplus funds of
   52  the Hotel and Restaurant Trust Fund established in s. 509.072,
   53  as certified by the director of the Division of Hotels and
   54  Restaurants on January 1 of each year.
   55         (d)An eligible business may not receive a tax credit of
   56  more than $200,000 annually.
   57         (e)If the total amount of tax credits applied for in any
   58  year exceeds available funds, all applications requesting
   59  $10,000 or less shall be approved, and applications shall be
   60  approved on a pro-rata basis if funds are insufficient to fully
   61  fund those applications. Any remaining funds shall be used to
   62  fund applications requesting more than $10,000 on a pro-rata
   63  basis, if necessary.
   64         (3)(a)Applications for the tax credit require the prior
   65  approval of the office. The applicant must affirmatively
   66  demonstrate to the satisfaction of the office that it meets the
   67  requirements for the credit.
   68         (b)An applicant must file under oath with the office the
   69  name and place of residence of each employee for whom the credit
   70  is claimed and the number of hours worked by each tipped
   71  employee during the calendar year.
   72         (c)The decision of the office shall be in writing and must
   73  state the amount of any tax credit approved for the eligible
   74  business. A copy of the decision shall be transmitted to the
   75  department, which shall apply the credit to the tax liability of
   76  the eligible business.
   77         (d)1.An eligible business that is notified that a tax
   78  credit has been approved and that wishes to apply all or part of
   79  the tax credit against its liability for sales, storage, or use
   80  taxes must apply to the department on a form approved by the
   81  department for a refund and must include a copy of the
   82  notification. An eligible business may submit only one
   83  application for refund within any 12-month period.
   84         2.An eligible business that wishes to apply all or part of
   85  the tax credit against its liability for corporate income tax
   86  must claim the credit on its annual return. A taxpayer that
   87  files a Florida consolidated return as a member of an affiliated
   88  group pursuant to s. 220.131(1) may be allowed the credit on a
   89  consolidated return basis.
   90         (e)The office shall, in consultation with the Department
   91  of Business and Professional Regulation, publicize the
   92  availability of the tax credit to eligible businesses.
   93         (f)Any person who fraudulently claims a credit is liable
   94  for repayment of the credit, plus a mandatory penalty of 100
   95  percent of the credit, and commits a misdemeanor of the second
   96  degree, punishable as provided in s. 775.082 or s. 775.083.
   97         Section 2. This act shall take effect July 1, 2009.