HB 723

1
A bill to be entitled
2An act relating to tax credits for restaurants with tipped
3employees; creating s. 509.073, F.S.; providing
4definitions; authorizing the Office of Tourism, Trade, and
5Economic Development to grant tax credits against sales
6and use tax or corporate income tax liabilities to certain
7businesses; specifying a rate for the credit; providing
8for adjusting the rate each year; providing for funding of
9the tax credits; limiting the amount of the credits;
10providing a methodology for allocating amounts of tax
11credits; requiring tax credit applications to be approved
12by the office; providing application requirements;
13providing responsibilities of the office in granting tax
14credits; requiring businesses approved for a tax credit to
15apply to the Department of Revenue for a refund; providing
16refund application requirements; requiring the office to
17publicize availability of the tax credit; providing
18criminal penalties for fraudulently claiming the credit;
19requiring repayment of the credit for fraudulently
20claiming the credit plus a mandatory penalty equal to the
21amount of the credit; providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Section 509.073, Florida Statutes, is created
26to read:
27     509.073  Tax credit for restaurants with tipped
28employees.--
29     (1)  As used in this section, the term:
30     (a)  "Department" means the Department of Revenue.
31     (b)  "Eligible business" means any public food service
32establishment licensed under s. 509.241 that employs one or more
33tipped employees.
34     (c)  "Office" means the Office of Tourism, Trade, and
35Economic Development.
36     (d)  "Tipped employee" means any person employed in a
37position in which he or she customarily and regularly receives
38more than $30 per month in tips.
39     (2)(a)  Upon an affirmative showing by an eligible business
40to the satisfaction of the office that the requirements of this
41section have been met, the eligible business shall be granted a
42tax credit, the amount of which the eligible business may choose
43to apply to its liability for sales, storage, or use taxes as
44provided in s. 212.05, to its liability for corporate income tax
45as provided in s. 220.11, or partially to both. An eligible
46business shall apply to the office for the tax credit using an
47application adopted by the office for this purpose. Applications
48shall be filed with the office in February of each year,
49covering those hours worked by a tipped employee during the
50prior calendar year.
51     (b)  For those tax credit applications filed in February
522010, the tax credit shall be equal to $2.06 for each hour
53worked by a tipped employee during the 2009 calendar year. For
54tax credit applications filed in subsequent years, the tax
55credit shall be equal to $2.06 for each hour worked by a tipped
56employee during the calendar year prior to the filing of the
57application, increased by the same rate of inflation used by the
58Agency for Workforce Innovation to adjust the state minimum wage
59that took effect on January 1 of the year of filing the
60application, as provided in s. 448.110.
61     (c)  The tax credits provided under this section shall be
62funded from surplus funds of the Hotel and Restaurant Trust Fund
63established in s. 509.072, as certified by the director of the
64Division of Hotels and Restaurants on January 1 of each year.
65     (d)  An eligible business may not apply for or receive a
66tax credit under this section of more than $200,000 annually.
67     (e)  If the total amount of all properly completed and
68timely filed tax credit applications exceeds the funds available
69under paragraph (c), all such applications requesting $10,000 or
70less shall be approved, with approval on a pro rata basis if
71funds are insufficient to fully fund all such applications. Any
72remaining funds shall be used to fund applications requesting
73more than $10,000, with funding on a pro rata basis if
74necessary.
75     (3)(a)  All applications for the tax credit under this
76section must be approved by the office before the credit is
77granted. Each business shall affirmatively demonstrate to the
78satisfaction of the office that it meets the requirements of
79this section.
80     (b)  In order to claim the credit provided by this section,
81an eligible business must file with the office a statement that
82includes for each tipped employee for whom the credit is claimed
83the employee's name and place of residence and the total number
84of hours worked by the tipped employee during the calendar year
85that is the subject of the application.
86     (c)  The decision of the office to grant the credit must be
87in writing, and, if the credit is approved, the notification
88must state the amount of the tax credit approved for the
89eligible business. A copy of the decision shall be transmitted
90to the executive director of the department, who shall apply
91such credit to the tax liability of the eligible business.
92     (d)1.  Any eligible business that has received notification
93from the office that a tax credit has been approved and wishes
94to apply all or part of the tax credit against its liability for
95the sales, storage, or use tax as provided in s. 212.05 must
96apply to the department to receive a refund of such taxes.
97Application must be made on the form prescribed for claiming
98refunds of such taxes and be accompanied by a copy of the
99notification. An eligible business may submit only one
100application for refund to the department within any 12-month
101period.
102     2.  Any eligible business that has received notification
103from the office that a tax credit has been approved and wishes
104to apply all or part of the tax credit against its liability for
105the corporate income tax as provided in s. 220.11 must claim
106such credit on its annual return. A taxpayer who files a Florida
107consolidated return as a member of an affiliated group pursuant
108to s. 220.131(1) may be allowed the credit on a consolidated
109return basis.
110     (e)  The office shall, in consultation with the Department
111of Business and Professional Regulation, publicize the
112availability of the tax credit to eligible businesses.
113     (f)  A person who fraudulently claims the credit authorized
114by this section commits a misdemeanor of the second degree,
115punishable as provided in s. 775.082 or s. 775.083, and is, in
116addition to any criminal penalty imposed, liable for repayment
117of the credit plus a mandatory penalty of 100 percent of the
118credit.
119     Section 2.  This act shall take effect July 1, 2009.


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