Florida Senate - 2018                             CS for SB 1450
       
       
        
       By the Committee on Commerce and Tourism; and Senator Steube
       
       
       
       
       
       577-02600-18                                          20181450c1
    1                        A bill to be entitled                      
    2         An act relating to a sales tax refund for eligible job
    3         training organizations; creating s. 212.099, F.S.;
    4         providing definitions; authorizing eligible
    5         organizations to receive a refund of a specified
    6         amount of certain sales taxes collected if such amount
    7         is used for certain purposes relating to job training
    8         and employment services; specifying the annual maximum
    9         allowable tax refund for such organizations; providing
   10         requirements for receiving the refund; authorizing the
   11         Department of Economic Opportunity to certify
   12         organizations; authorizing the Department of Revenue
   13         to audit, within a certain timeframe, any refund
   14         issued; providing the applicable interest rate on
   15         overpayments and payments to ineligible organizations;
   16         providing that an eligible organization comprised of
   17         commonly owned and controlled entities is a single
   18         organization; requiring eligible organizations to
   19         provide an annual report to the Department of Economic
   20         Opportunity; providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 212.099, Florida Statutes, is created to
   25  read:
   26         212.099Sales tax refund for eligible job training
   27  organizations.—
   28         (1)As used in this section, the term:
   29         (a)“Eligible job training organization” means an
   30  organization that:
   31         1.Is an exempt organization under s. 501(c)(3) of the
   32  Internal Revenue Code of 1986, as amended;
   33         2.Provides job training and employment services to low
   34  income persons, as defined in s. 420.0004(11), individuals who
   35  have workplace disadvantages, or individuals with barriers to
   36  employment;
   37         3.Is accredited by the Commission on Accreditation of
   38  Rehabilitation Facilities; and
   39         4.Is certified by the Department of Economic Opportunity
   40  as meeting the requirements of this section.
   41         (b)“Growth in employment hours” means the annual growth in
   42  the number of hours worked by employees in the current year
   43  compared with the number of hours worked by employees in the
   44  previous year.
   45         (c)“Job training and employment services” means programs
   46  and services that are provided to improve job readiness, assist
   47  workers in gaining employment and adapting to the changing labor
   48  market, and achieve worker success through self-sufficiency.
   49         (2)An eligible job training organization is entitled to a
   50  refund of 10 percent of the sales tax remitted to the department
   51  during the prior state fiscal year on its sales of goods donated
   52  to the organization. The refund must be reserved exclusively for
   53  use in any of the following:
   54         (a)Growth in employment hours;
   55         (b)Job training and employment services to low-income
   56  persons, as defined in s. 420.0004(11), individuals who have
   57  workplace disadvantages, and individuals with barriers to
   58  employment; or
   59         (c)Job training and employment services for veterans.
   60         (3)The total amount of refunds issued under this section
   61  may not exceed $2 million in any state fiscal year granted on a
   62  first-come, first-served basis.
   63         (4)An eligible job training organization seeking a refund
   64  under this section must submit an initial application to the
   65  Department of Economic Opportunity by July 15, which sets forth
   66  that the organization meets the requirements under paragraph
   67  (1)(a) and that the refund will be used exclusively for the
   68  purposes listed in subsection (2). The organization may submit
   69  supporting information as prescribed by rule.
   70         (5)The Department of Economic Opportunity must verify the
   71  application and notify the organization of its determination
   72  within 15 days of receiving the application. If the Department
   73  of Economic Opportunity approves the application, it must send
   74  to the eligible job training organization a notice that
   75  indicates its certification to receive a refund of certain sales
   76  and use tax remitted under this chapter. Upon the Department of
   77  Economic Opportunity’s issuance of a certification, such
   78  certification remains in effect so long as the eligible job
   79  training organization is in compliance with the requirements of
   80  this section.
   81         (6)An eligible job training organization certified under
   82  this section must apply to the department between August 1 and
   83  August 31 of each year to receive a refund. The first
   84  application for a refund submitted to the department must be
   85  accompanied by a copy of the certification.
   86         (7)For purposes of this section, an eligible job training
   87  organization comprised of commonly owned and controlled entities
   88  is deemed to be a single organization.
   89         (8)By July 15 of each year, an eligible job training
   90  organization must provide a report to the Department of Economic
   91  Opportunity which describes the use of the amount refunded. The
   92  report must include all of the following:
   93         (a)The amount of the refund used to create growth in
   94  employment hours.
   95         (b)The total annual growth in employment hours.
   96         (c)The amount of the refund used for job training and
   97  employment services.
   98         (d)The number of individuals who participated in job
   99  training and employment services at the eligible job training
  100  organization for the fiscal year in which the requested funds
  101  were remitted to the department.
  102         (e)A statement declaring that the eligible job training
  103  organization continues to meet the requirements of this section.
  104         (9)Administration.—
  105         (a)The Department of Economic Opportunity may adopt rules
  106  to administer this section, including rules for the approval and
  107  disapproval of applications.
  108         (b)The decision of the Department of Economic Opportunity
  109  must be in writing or, if agreed to by the applicant, electronic
  110  mail. Upon approval, the Department of Economic Opportunity
  111  shall transmit a copy of the decision to the department.
  112         (c)If the Department of Economic Opportunity determines
  113  that an eligible job training organization no longer qualifies
  114  for the refund under this section, the Department of Economic
  115  Opportunity must notify the department immediately. The
  116  department may not issue a refund after receiving such
  117  notification.
  118         (d) Notwithstanding s. 95.091(3)(a)6.b., the department may
  119  audit any refund within 4 years after the date of which a refund
  120  is granted. The overpayment of a refund or a refund issued to an
  121  ineligible organization is subject to repayment and interest at
  122  the rate calculated pursuant to s. 213.235.
  123         Section 2. This act shall take effect July 1, 2018.