HB 197

1	A bill to be entitled
2	An act relating to employment of the homeless; amending s.
3	220.02, F.S.; specifying the order for applying the tax
4	credit for employment of the homeless; amending s. 220.13,
5	F.S.; redefining the term "adjusted federal income" to
6	include an adjustment for such tax credit; creating s.
7	220.194, F.S.; providing definitions; providing a tax
8	credit for a corporation that hires a homeless person
9	residing in a transitional, permanent supportive, or
10	permanent housing facility; specifying the information
11	that must be provided to the Department of Revenue when
12	applying for the credit; providing for the carryover of
13	unused credits; requiring that the application be filed
14	with the department by a specified date each year;
15	providing penalties for fraudulently claiming the tax
16	credit; limiting the total amount of tax credits that may
17	be granted per taxable year; authorizing the department to
18	adopt rules; providing for the expiration of the tax
19	credit; requiring that the department collect certain
20	data; providing an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Subsection (8) of section 220.02, Florida
25	Statutes, is amended to read:
26	220.02  Legislative intent.-
27	(8)  It is the intent of the Legislature that credits
28	against either the corporate income tax or the franchise tax be
29	applied in the following order: those enumerated in s. 631.828,
30	those enumerated in s. 220.191, those enumerated in s. 220.181,
31	those enumerated in s. 220.183, those enumerated in s. 220.182,
32	those enumerated in s. 220.1895, those enumerated in s. 221.02,
33	those enumerated in s. 220.184, those enumerated in s. 220.186,
34	those enumerated in s. 220.1845, those enumerated in s. 220.19,
35	those enumerated in s. 220.185, those enumerated in s. 220.1875,
36	those enumerated in s. 220.192, those enumerated in s. 220.193,
37	those enumerated in s. 288.9916, those enumerated in s.
38	220.1899, and those enumerated in s. 220.1896, and those
39	enumerated under s. 220.194.
40	Section 2.  Paragraph (a) of subsection (1) of section
41	220.13, Florida Statutes, is amended to read:
42	220.13  "Adjusted federal income" defined.-
43	(1)  The term "adjusted federal income" means an amount
44	equal to the taxpayer's taxable income as defined in subsection
45	(2), or such taxable income of more than one taxpayer as
46	provided in s. 220.131, for the taxable year, adjusted as
47	follows:
48	(a)  Additions.-There shall be added to such taxable
49	income:
50	1.  The amount of any tax upon or measured by income,
51	excluding taxes based on gross receipts or revenues, paid or
52	accrued as a liability to the District of Columbia or any state
53	of the United States which is deductible from gross income in
54	the computation of taxable income for the taxable year.
55	2.  The amount of interest which is excluded from taxable
56	income under s. 103(a) of the Internal Revenue Code or any other
57	federal law, less the associated expenses disallowed in the
58	computation of taxable income under s. 265 of the Internal
59	Revenue Code or any other law, excluding 60 percent of any
60	amounts included in alternative minimum taxable income, as
61	defined in s. 55(b)(2) of the Internal Revenue Code, if the
62	taxpayer pays tax under s. 220.11(3).
63	3.  In the case of a regulated investment company or real
64	estate investment trust, an amount equal to the excess of the
65	net long-term capital gain for the taxable year over the amount
66	of the capital gain dividends attributable to the taxable year.
67	4.  That portion of the wages or salaries paid or incurred
68	for the taxable year which is equal to the amount of the credit
69	allowable for the taxable year under s. 220.181. This
70	subparagraph shall expire on the date specified in s. 290.016
71	for the expiration of the Florida Enterprise Zone Act.
72	5.  That portion of the ad valorem school taxes paid or
73	incurred for the taxable year which is equal to the amount of
74	the credit allowable for the taxable year under s. 220.182. This
75	subparagraph shall expire on the date specified in s. 290.016
76	for the expiration of the Florida Enterprise Zone Act.
77	6.  The amount of emergency excise tax paid or accrued as a
78	liability to this state under chapter 221 which tax is
79	deductible from gross income in the computation of taxable
80	income for the taxable year.
81	7.  That portion of assessments to fund a guaranty
82	association incurred for the taxable year which is equal to the
83	amount of the credit allowable for the taxable year.
84	8.  In the case of a nonprofit corporation which holds a
85	pari-mutuel permit and which is exempt from federal income tax
86	as a farmers' cooperative, an amount equal to the excess of the
87	gross income attributable to the pari-mutuel operations over the
88	attributable expenses for the taxable year.
89	9.  The amount taken as a credit for the taxable year under
90	s. 220.1895.
91	10.  Up to nine percent of the eligible basis of any
92	designated project which is equal to the credit allowable for
93	the taxable year under s. 220.185.
94	11.  The amount taken as a credit for the taxable year
95	under s. 220.1875. The addition in this subparagraph is intended
96	to ensure that the same amount is not allowed for the tax
97	purposes of this state as both a deduction from income and a
98	credit against the tax. This addition is not intended to result
99	in adding the same expense back to income more than once.
100	12.  The amount taken as a credit for the taxable year
101	under s. 220.192.
102	13.  The amount taken as a credit for the taxable year
103	under s. 220.193.
104	14.  Any portion of a qualified investment, as defined in
105	s. 288.9913, which is claimed as a deduction by the taxpayer and
106	taken as a credit against income tax pursuant to s. 288.9916.
107	15.  The costs to acquire a tax credit pursuant to s.
108	288.1254(5) that are deducted from or otherwise reduce federal
109	taxable income for the taxable year.
110	16.  The amount taken as a credit for the taxable year
111	under s. 220.194.
112	Section 3.  Section 220.194, Florida Statutes, is created
113	to 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
117	worked for the corporation for at least 80 hours during each 30-
118	day period and has been employed at least 6 months following the
119	date that the employee began working for the corporation on or
120	after July 1, 2011.
121	(b)  "Homeless person" means an individual whose primary
122	nighttime residence is a transitional, permanent supportive, or
123	permanent housing facility.
124	(c)  "Transitional, permanent supportive, or permanent
125	housing facility" means a facility located in the state which
126	is:
127	1.  A supervised, publicly or privately operated shelter
128	that is designed to provide temporary living accommodations,
129	including welfare hotels, congregate shelters, and transitional
130	housing for the mentally ill, and that receives federal homeless
131	assistance funding distributed by the United States Department
132	of Housing and Urban Development.
133	2.  An emergency shelter that receives county homeless
134	assistance funding.
135	(2)  For taxable years beginning on or after January 1,
136	2012, a tax credit of $1,000 shall be allowed to a corporation
137	against any corporate income tax due under this chapter if the
138	corporation hires a homeless person who resides in an emergency
139	shelter, or a transitional, permanent supportive, or permanent
140	housing facility at the time he or she begins employment and who
141	remains continuously employed by the corporation for at least 6
142	months. The tax credit may be taken only once per new employee.
143	(3)  Upon applying for the credit, the corporation must
144	provide 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
147	current address or, if the employee is no longer employed, the
148	last known address of the person while employed by the
149	corporation;
150	2.  The address of the transitional, permanent supportive,
151	or permanent housing facility where the employee was residing at
152	the time he or she began employment and documentation from the
153	facility which demonstrates that the employee qualified for and
154	was residing at the facility at the time he or she began
155	employment; and
156	3.  The salary or hourly wages paid to the new employee
157	during the taxable year.
158	(b)  The total salary or hourly wages paid during the
159	taxable year to each employee who is still employed by the
160	corporation and for whom the tax credit was claimed in a prior
161	taxable year.
162	(4)  If the credit is not fully used in any one year, the
163	unused amount may be carried forward for up to 5 years. The
164	carryover credit may be used in a subsequent year if the tax
165	imposed by this chapter exceeds the credit for the year after
166	applying any other credits and unused credit carryovers in the
167	order provided in s. 220.02(8).
168	(5)  The corporation applying for the credit must
169	affirmatively demonstrate to the satisfaction of the department
170	that it meets the requirements in this section. An application
171	must be filed with the department by February 1 of each year for
172	an allocation of the previous year's credit. The application
173	must show that all of the requirements in this section were met
174	during the preceding calendar year.
175	(6)  Any person who fraudulently claims the credit is
176	liable for payment of the credit, plus a mandatory penalty in
177	the amount of 200 percent of the credit and interest at the rate
178	provided in s. 220.807, and commits a felony of the third
179	degree, punishable as provided in s. 775.082, s. 775.083, or s.
180	775.084.
181	(7)  The total amount of tax credit which may be granted
182	under this section is $2 million per calendar year. If the total
183	amount of tax credit for applications submitted in a given
184	calendar year exceeds $2 million, the amount of tax credit per
185	applicant shall be granted on a pro rata basis. If the full
186	amount of the tax credit is not allowed due to the $2 million-
187	annual limitation, the balance shall be allowed in the following
188	tax year. The amount not allowed in the previous tax year shall
189	be allowed in full prior to the pro rata allocation of tax
190	credit in the following tax year.
191	(8)  The department may adopt rules and forms to administer
192	this section.
193	(9)  This section expires December 31, 2016, except for
194	subsections (3) and (8), which expire December 31, 2022. In
195	determining whether to reenact this section, the Legislature
196	shall consider whether the revenue generated from wages paid to
197	qualifying employees outweighs the cost to the state in terms of
198	the amount of taxes waived. The department shall collect and
199	maintain data relating to the total amount of wages paid to
200	employees for whom a tax credit has been claimed in order to
201	assist 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.