Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 1450 Ì437660*Î437660 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/29/2018 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Commerce and Tourism (Steube) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 212.099, Florida Statutes, is created to 6 read: 7 212.099 Sales tax refund for eligible job training 8 organizations.— 9 (1) As used in this section, the term: 10 (a) “Eligible job training organization” means an 11 organization that: 12 1. Is an exempt organization under s. 501(c)(3) of the 13 Internal Revenue Code of 1986, as amended; 14 2. Provides job training and employment services to low 15 income persons, as defined in s. 420.0004(11), individuals who 16 have workplace disadvantages, or individuals with barriers to 17 employment; 18 3. Is accredited by the Commission on Accreditation of 19 Rehabilitation Facilities; and 20 4. Is certified by the Department of Economic Opportunity 21 as meeting the requirements of this section. 22 (b) “Growth in employment hours” means the annual growth in 23 the number of hours worked by employees in the current year 24 compared with the number of hours worked by employees in the 25 previous year. 26 (c) “Job training and employment services” means programs 27 and services that are provided to improve job readiness, assist 28 workers in gaining employment and adapting to the changing labor 29 market, and achieve worker success through self-sufficiency. 30 (2) An eligible job training organization is entitled to a 31 refund of 10 percent of the sales tax remitted to the department 32 during the prior state fiscal year on its sales of goods donated 33 to the organization. The refund must be reserved exclusively for 34 use in any of the following: 35 (a) Growth in employment hours; 36 (b) Job training and employment services to low-income 37 persons, as defined in s. 420.0004(11), individuals who have 38 workplace disadvantages, and individuals with barriers to 39 employment; or 40 (c) Job training and employment services for veterans. 41 (3) The total amount of refunds issued under this section 42 may not exceed $2 million in any state fiscal year granted on a 43 first-come, first-served basis. 44 (4) An eligible job training organization seeking a refund 45 under this section must submit an initial application to the 46 Department of Economic Opportunity by July 15, which sets forth 47 that the organization meets the requirements under paragraph 48 (1)(a) and that the refund will be used exclusively for the 49 purposes listed in subsection (2). The organization may submit 50 supporting information as prescribed by rule. 51 (5) The Department of Economic Opportunity must verify the 52 application and notify the organization of its determination 53 within 15 days of receiving the application. If the Department 54 of Economic Opportunity approves the application, it must send 55 to the eligible job training organization a notice that 56 indicates its certification to receive a refund of certain sales 57 and use tax remitted under this chapter. Upon the Department of 58 Economic Opportunity’s issuance of a certification, such 59 certification remains in effect so long as the eligible job 60 training organization is in compliance with the requirements of 61 this section. 62 (6) An eligible job training organization certified under 63 this section must apply to the department between August 1 and 64 August 31 of each year to receive a refund. The first 65 application for a refund submitted to the department must be 66 accompanied by a copy of the certification. 67 (7) For purposes of this section, an eligible job training 68 organization comprised of commonly owned and controlled entities 69 is deemed to be a single organization. 70 (8) By July 15 of each year, an eligible job training 71 organization must provide a report to the Department of Economic 72 Opportunity which describes the use of the amount refunded. The 73 report must include all of the following: 74 (a) The amount of the refund used to create growth in 75 employment hours. 76 (b) The total annual growth in employment hours. 77 (c) The amount of the refund used for job training and 78 employment services. 79 (d) The number of individuals who participated in job 80 training and employment services at the eligible job training 81 organization for the fiscal year in which the requested funds 82 were remitted to the department. 83 (e) A statement declaring that the eligible job training 84 organization continues to meet the requirements of this section. 85 (9) Administration.— 86 (a) The Department of Economic Opportunity may adopt rules 87 to administer this section, including rules for the approval and 88 disapproval of applications. 89 (b) The decision of the Department of Economic Opportunity 90 must be in writing or, if agreed to by the applicant, electronic 91 mail. Upon approval, the Department of Economic Opportunity 92 shall transmit a copy of the decision to the department. 93 (c) If the Department of Economic Opportunity determines 94 that an eligible job training organization no longer qualifies 95 for the refund under this section, the Department of Economic 96 Opportunity must notify the department immediately. The 97 department may not issue a refund after receiving such 98 notification. 99 (d) Notwithstanding s. 95.091(3)(a)6.b., the department may 100 audit any refund within 4 years after the date of which a refund 101 is granted. The overpayment of a refund or a refund issued to an 102 ineligible organization is subject to repayment and interest at 103 the rate calculated pursuant to s. 213.235. 104 Section 2. This act shall take effect July 1, 2018. 105 106 ================= T I T L E A M E N D M E N T ================ 107 And the title is amended as follows: 108 Delete everything before the enacting clause 109 and insert: 110 A bill to be entitled 111 An act relating to a sales tax refund for eligible job 112 training organizations; creating s. 212.099, F.S.; 113 providing definitions; authorizing eligible 114 organizations to receive a refund of a specified 115 amount of certain sales taxes collected if such amount 116 is used for certain purposes relating to job training 117 and employment services; specifying the annual maximum 118 allowable tax refund for such organizations; providing 119 requirements for receiving the refund; authorizing the 120 Department of Economic Opportunity to certify 121 organizations; authorizing the Department of Revenue 122 to audit, within a certain timeframe, any refund 123 issued; providing the applicable interest rate on 124 overpayments and payments to ineligible organizations; 125 providing that an eligible organization comprised of 126 commonly owned and controlled entities is a single 127 organization; requiring eligible organizations to 128 provide an annual report to the Department of Economic 129 Opportunity; providing an effective date.