HB 197

1
A bill to be entitled
2An act relating to employment of the homeless; amending s.
3220.02, F.S.; specifying the order for applying the tax
4credit for employment of the homeless; amending s. 220.13,
5F.S.; redefining the term "adjusted federal income" to
6include an adjustment for such tax credit; creating s.
7220.194, F.S.; providing definitions; providing a tax
8credit for a corporation that hires a homeless person
9residing in a transitional, permanent supportive, or
10permanent housing facility; specifying the information
11that must be provided to the Department of Revenue when
12applying for the credit; providing for the carryover of
13unused credits; requiring that the application be filed
14with the department by a specified date each year;
15providing penalties for fraudulently claiming the tax
16credit; limiting the total amount of tax credits that may
17be granted per taxable year; authorizing the department to
18adopt rules; providing for the expiration of the tax
19credit; requiring that the department collect certain
20data; providing an effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  Subsection (8) of section 220.02, Florida
25Statutes, is amended to read:
26     220.02  Legislative intent.-
27     (8)  It is the intent of the Legislature that credits
28against either the corporate income tax or the franchise tax be
29applied in the following order: those enumerated in s. 631.828,
30those enumerated in s. 220.191, those enumerated in s. 220.181,
31those enumerated in s. 220.183, those enumerated in s. 220.182,
32those enumerated in s. 220.1895, those enumerated in s. 221.02,
33those enumerated in s. 220.184, those enumerated in s. 220.186,
34those enumerated in s. 220.1845, those enumerated in s. 220.19,
35those enumerated in s. 220.185, those enumerated in s. 220.1875,
36those enumerated in s. 220.192, those enumerated in s. 220.193,
37those enumerated in s. 288.9916, those enumerated in s.
38220.1899, and those enumerated in s. 220.1896, and those
39enumerated under s. 220.194.
40     Section 2.  Paragraph (a) of subsection (1) of section
41220.13, Florida Statutes, is amended to read:
42     220.13  "Adjusted federal income" defined.-
43     (1)  The term "adjusted federal income" means an amount
44equal to the taxpayer's taxable income as defined in subsection
45(2), or such taxable income of more than one taxpayer as
46provided in s. 220.131, for the taxable year, adjusted as
47follows:
48     (a)  Additions.-There shall be added to such taxable
49income:
50     1.  The amount of any tax upon or measured by income,
51excluding taxes based on gross receipts or revenues, paid or
52accrued as a liability to the District of Columbia or any state
53of the United States which is deductible from gross income in
54the computation of taxable income for the taxable year.
55     2.  The amount of interest which is excluded from taxable
56income under s. 103(a) of the Internal Revenue Code or any other
57federal law, less the associated expenses disallowed in the
58computation of taxable income under s. 265 of the Internal
59Revenue Code or any other law, excluding 60 percent of any
60amounts included in alternative minimum taxable income, as
61defined in s. 55(b)(2) of the Internal Revenue Code, if the
62taxpayer pays tax under s. 220.11(3).
63     3.  In the case of a regulated investment company or real
64estate investment trust, an amount equal to the excess of the
65net long-term capital gain for the taxable year over the amount
66of the capital gain dividends attributable to the taxable year.
67     4.  That portion of the wages or salaries paid or incurred
68for the taxable year which is equal to the amount of the credit
69allowable for the taxable year under s. 220.181. This
70subparagraph shall expire on the date specified in s. 290.016
71for the expiration of the Florida Enterprise Zone Act.
72     5.  That portion of the ad valorem school taxes paid or
73incurred for the taxable year which is equal to the amount of
74the credit allowable for the taxable year under s. 220.182. This
75subparagraph shall expire on the date specified in s. 290.016
76for the expiration of the Florida Enterprise Zone Act.
77     6.  The amount of emergency excise tax paid or accrued as a
78liability to this state under chapter 221 which tax is
79deductible from gross income in the computation of taxable
80income for the taxable year.
81     7.  That portion of assessments to fund a guaranty
82association incurred for the taxable year which is equal to the
83amount of the credit allowable for the taxable year.
84     8.  In the case of a nonprofit corporation which holds a
85pari-mutuel permit and which is exempt from federal income tax
86as a farmers' cooperative, an amount equal to the excess of the
87gross income attributable to the pari-mutuel operations over the
88attributable expenses for the taxable year.
89     9.  The amount taken as a credit for the taxable year under
90s. 220.1895.
91     10.  Up to nine percent of the eligible basis of any
92designated project which is equal to the credit allowable for
93the taxable year under s. 220.185.
94     11.  The amount taken as a credit for the taxable year
95under s. 220.1875. The addition in this subparagraph is intended
96to ensure that the same amount is not allowed for the tax
97purposes of this state as both a deduction from income and a
98credit against the tax. This addition is not intended to result
99in adding the same expense back to income more than once.
100     12.  The amount taken as a credit for the taxable year
101under s. 220.192.
102     13.  The amount taken as a credit for the taxable year
103under s. 220.193.
104     14.  Any portion of a qualified investment, as defined in
105s. 288.9913, which is claimed as a deduction by the taxpayer and
106taken as a credit against income tax pursuant to s. 288.9916.
107     15.  The costs to acquire a tax credit pursuant to s.
108288.1254(5) that are deducted from or otherwise reduce federal
109taxable income for the taxable year.
110     16.  The amount taken as a credit for the taxable year
111under s. 220.194.
112     Section 3.  Section 220.194, Florida Statutes, is created
113to read:
114     220.194  Tax credit for employment of the homeless.-
115     (1)  As used in this section, the term:
116     (a)  "Continuously employed" means that an employee has
117worked for the corporation for at least 80 hours during each 30-
118day period and has been employed at least 6 months following the
119date that the employee began working for the corporation on or
120after July 1, 2011.
121     (b)  "Homeless person" means an individual whose primary
122nighttime residence is a transitional, permanent supportive, or
123permanent housing facility.
124     (c)  "Transitional, permanent supportive, or permanent
125housing facility" means a facility located in the state which
126is:
127     1.  A supervised, publicly or privately operated shelter
128that is designed to provide temporary living accommodations,
129including welfare hotels, congregate shelters, and transitional
130housing for the mentally ill, and that receives federal homeless
131assistance funding distributed by the United States Department
132of Housing and Urban Development.
133     2.  An emergency shelter that receives county homeless
134assistance funding.
135     (2)  For taxable years beginning on or after January 1,
1362012, a tax credit of $1,000 shall be allowed to a corporation
137against any corporate income tax due under this chapter if the
138corporation hires a homeless person who resides in an emergency
139shelter, or a transitional, permanent supportive, or permanent
140housing facility at the time he or she begins employment and who
141remains continuously employed by the corporation for at least 6
142months. The tax credit may be taken only once per new employee.
143     (3)  Upon applying for the credit, the corporation must
144provide the department with the following information:
145     (a)  For each new employee for whom the credit is claimed:
146     1.  The employee's name, social security number, and
147current address or, if the employee is no longer employed, the
148last known address of the person while employed by the
149corporation;
150     2.  The address of the transitional, permanent supportive,
151or permanent housing facility where the employee was residing at
152the time he or she began employment and documentation from the
153facility which demonstrates that the employee qualified for and
154was residing at the facility at the time he or she began
155employment; and
156     3.  The salary or hourly wages paid to the new employee
157during the taxable year.
158     (b)  The total salary or hourly wages paid during the
159taxable year to each employee who is still employed by the
160corporation and for whom the tax credit was claimed in a prior
161taxable year.
162     (4)  If the credit is not fully used in any one year, the
163unused amount may be carried forward for up to 5 years. The
164carryover credit may be used in a subsequent year if the tax
165imposed by this chapter exceeds the credit for the year after
166applying any other credits and unused credit carryovers in the
167order provided in s. 220.02(8).
168     (5)  The corporation applying for the credit must
169affirmatively demonstrate to the satisfaction of the department
170that it meets the requirements in this section. An application
171must be filed with the department by February 1 of each year for
172an allocation of the previous year's credit. The application
173must show that all of the requirements in this section were met
174during the preceding calendar year.
175     (6)  Any person who fraudulently claims the credit is
176liable for payment of the credit, plus a mandatory penalty in
177the amount of 200 percent of the credit and interest at the rate
178provided in s. 220.807, and commits a felony of the third
179degree, punishable as provided in s. 775.082, s. 775.083, or s.
180775.084.
181     (7)  The total amount of tax credit which may be granted
182under this section is $2 million per calendar year. If the total
183amount of tax credit for applications submitted in a given
184calendar year exceeds $2 million, the amount of tax credit per
185applicant shall be granted on a pro rata basis. If the full
186amount of the tax credit is not allowed due to the $2 million-
187annual limitation, the balance shall be allowed in the following
188tax year. The amount not allowed in the previous tax year shall
189be allowed in full prior to the pro rata allocation of tax
190credit in the following tax year.
191     (8)  The department may adopt rules and forms to administer
192this section.
193     (9)  This section expires December 31, 2016, except for
194subsections (3) and (8), which expire December 31, 2022. In
195determining whether to reenact this section, the Legislature
196shall consider whether the revenue generated from wages paid to
197qualifying employees outweighs the cost to the state in terms of
198the amount of taxes waived. The department shall collect and
199maintain data relating to the total amount of wages paid to
200employees for whom a tax credit has been claimed in order to
201assist the Legislature in making its determination.
202     Section 4.  This act shall take effect July 1, 2011.


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