Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. SB 922
Barcode 710094
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/11/2012 .
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The Committee on Military Affairs, Space, and Domestic Security
(Bennett) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 69 and 70
4 insert:
5 Section 1. Section 220.1893, Florida Statutes, is created
6 to read:
7 220.1893 National Guard Employment Tax Credit Program.—
8 (1) As used in this section, the term:
9 (a) “Department” means the Department of Economic
10 Opportunity.
11 (b) “Eligible business” means any business that is
12 operating and authorized to do business in this state.
13 (c) “Qualified employee” means a person:
14 1. Who is a current Florida National Guard member in good
15 standing, as verified by the Adjutant General of the Florida
16 National Guard, and has been unemployed for more than 6 months
17 or is returning from duty abroad;
18 2. Who was hired by an eligible business on or July 1,
19 2012, and had not previously been employed by the eligible
20 business or its parent or an affiliated corporation;
21 3. Who performed duties connected to the operations of the
22 eligible business on a regular, full-time basis for an average
23 of at least 36 hours per week and for at least 3 months before
24 an eligible business is awarded a tax credit; and
25 4. Whose employment by the eligible business has not formed
26 the basis for any other claim to a credit pursuant to this
27 chapter.
28 (2) A certified business shall receive a $10,000 tax credit
29 for each qualified employee, subject to limitation in subsection
30 (5). The credit may be taken against:
31 (a) Corporate income taxes under chapter 220.
32 (b) Insurance premium tax under s. 624.509.
33 (c) Taxes on sales, use, and other transactions under
34 chapter 212.
35 (d) Intangible personal property taxes under chapter 199.
36 (e) Excise taxes on documents under chapter 201.
37 (f) Ad valorem taxes paid, as defined in s. 220.03(1).
38 (g) State communications services taxes administered under
39 chapter 202. This paragraph does not apply to the gross receipts
40 tax imposed under chapter 203 and administered under chapter 202
41 or the local communications services tax authorized under s.
42 202.19.
43 (3)(a) To become a certified business, an officer of an
44 eligible business must file under oath with the Department of
45 Economic Opportunity an application that includes:
46 1. The name, address, and NAICS identifying code of the
47 eligible business. As used in this subsection, “NAICS” means
48 those classifications contained in the North American Industry
49 Classification System, as published in 2007 by the Office of
50 Management and Budget, Executive Office of the President.
51 2. Relevant employment information.
52 3. A sworn affidavit, signed by each employee for whom the
53 eligible business is seeking credits under this section,
54 attesting to his or her previous unemployment.
55 4. Verification that the wages paid by the eligible
56 business to each of its qualified employees exceeds the wage
57 eligibility levels for Medicaid and other public assistance
58 programs.
59 5. Any other information necessary to process the
60 application.
61 (b) The Department of Economic Opportunity shall process
62 applications to certify a business in the order in which the
63 applications are received, without regard as to whether the
64 applicant is a new or an existing business. The department shall
65 review and approve or deny an application within 10 days after
66 receiving a completed application. The department shall notify
67 the applicant in writing as to the department’s decision.
68 (c)1. The department shall submit a copy of the letter of
69 certification to the Department of Revenue within 10 days after
70 the department issues the letter of certification to the
71 applicant.
72 2. If the application of an eligible business is not
73 sufficient to certify the applicant business, the department
74 must deny the application and issue a notice of denial to the
75 applicant.
76 3. If the application of an eligible business does not
77 contain sufficient documentation of the number of qualified
78 employees, the department shall approve the application with
79 respect to the employees for who the department determines are
80 qualified employees. The department must deny the application
81 with respect to persons for whom the department determines are
82 not qualified employees or for whom insufficient documentation
83 has been provided. A business may not submit a revised
84 application for certification or for the determination of a
85 person as a qualified employee more than 3 months after the
86 issuance of a notice of denial with respect to the business or a
87 particular person as a qualified employee.
88 (4) The applicant for a tax credit under this section has
89 the responsibility to affirmatively demonstrate to the
90 satisfaction of the department and the Department of Revenue
91 that the applicant and the persons claimed as qualified
92 employees meet the requirements of this section.
93 (5) The total amount of tax credits under this section
94 which may be approved by the department for all applicants is $5
95 million per fiscal year.
96 (6) A tax credit amount that is granted under this section
97 which is not fully used in the first year for which it becomes
98 available may be carried forward to the subsequent taxable year.
99 The carryover credit may be used in the subsequent year if the
100 tax imposed by this chapter for such year exceeds the credit for
101 such year under this section after applying the other credits
102 and unused credit carryovers in the order provided in s.
103 220.02(8).
104 (7) A person who fraudulently claims a credit under this
105 section is liable for repayment of the credit plus a mandatory
106 penalty of 100 percent of the credit. Such person also commits a
107 misdemeanor of the second degree, punishable as provided in s.
108 775.082 or s. 775.083.
109 (8) The department may adopt rules governing the manner and
110 form of applications for the tax credit. The department may
111 establish guidelines for making an affirmative showing of
112 qualification for the tax credit under this section.
113 (9) The Department of Revenue may adopt rules to administer
114 this section, including rules relating to the creation of forms
115 to claim a tax credit and examination and audit procedures
116 required to administer this section.
117 (10) This section expires July 1, 2014. However, a taxpayer
118 that is awarded a tax credit in the second year of the program
119 may carry forward any unused credit amount to the subsequent tax
120 reporting period. Rules adopted by the Department of Revenue to
121 administer this section shall remain valid as long as a taxpayer
122 may use a credit against its corporate income tax liability.
123
124 ================= T I T L E A M E N D M E N T ================
125 And the title is amended as follows:
126 Delete line 3
127 and insert:
128 personnel; creating s. 220.1893, F.S.; providing a tax
129 credit program for eligible business that hire certain
130 national guard members; providing definitions;
131 providing credits against specified taxes for
132 certified businesses; providing guidelines for
133 becoming a certified business; requiring the
134 Department of Economic Opportunity to certify
135 qualified businesses; providing criteria for the
136 certification; limiting the total amounts of tax
137 credits; providing for certain tax credits to be
138 carried forward; providing penalties for fraudulent
139 claims; authorizing the Department of Economic
140 Opportunity and the Department of Revenue to adopt
141 rules; providing for expiration of the tax credits;
142 amending s. 295.187, F.S.; revising