Florida Senate - 2018                      CS for CS for SB 1450
       
       
        
       By the Committees on Appropriations; and Commerce and Tourism;
       and Senator Steube
       
       
       
       
       576-04116-18                                          20181450c2
    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; specifying the annual
    8         maximum allowable tax refund for such organizations;
    9         providing requirements for receiving the refund;
   10         authorizing the Department of Economic Opportunity to
   11         certify organizations; authorizing the Department of
   12         Revenue to audit, within a certain timeframe, any
   13         refund issued; providing the applicable interest rate
   14         on overpayments and payments to ineligible
   15         organizations; providing that an eligible organization
   16         comprised of commonly owned and controlled entities is
   17         a single organization; requiring eligible
   18         organizations to provide a report to the Department of
   19         Economic Opportunity; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 212.099, Florida Statutes, is created to
   24  read:
   25         212.099Sales tax refund for eligible job training
   26  organizations.—
   27         (1)As used in this section, the term:
   28         (a)“Eligible job training organization” means an
   29  organization that:
   30         1.Is an exempt organization under s. 501(c)(3) of the
   31  Internal Revenue Code of 1986, as amended;
   32         2.Provides job training and employment services to low
   33  income persons, as defined in s. 420.0004(11), individuals who
   34  have workplace disadvantages, or individuals with barriers to
   35  employment; and
   36         3.Is accredited by the Commission on Accreditation of
   37  Rehabilitation Facilities.
   38         (b)“Growth in employment hours” means the growth in the
   39  number of hours worked by employees at the eligible job training
   40  organization in the most recently completed state fiscal year
   41  compared with the number of hours worked by employees at the
   42  eligible job training organization in the state fiscal year
   43  immediately prior to the most recently completed state fiscal
   44  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 most recently completed state fiscal year on its
   52  sales of goods donated to the organization. The organization
   53  must reserve the refund exclusively for use in any of the
   54  following:
   55         (a)Growth in employment hours;
   56         (b)Job training and employment services to low-income
   57  persons, as defined in s. 420.0004(11), individuals who have
   58  workplace disadvantages, and individuals with barriers to
   59  employment; or
   60         (c)Job training and employment services for veterans.
   61         (3)The total amount of refunds that the department may
   62  issue under this section may not exceed $2 million in any state
   63  fiscal year. Refunds must be granted on a first-come, first
   64  served basis.
   65         (4)An eligible job training organization seeking a refund
   66  under this section must first submit an application to the
   67  Department of Economic Opportunity by July 15, which sets forth
   68  that the organization meets the requirements under paragraph
   69  (1)(a) and that the refund will be used exclusively for the
   70  purposes listed in subsection (2). The organization must submit
   71  supporting information as prescribed by the Department of
   72  Economic Opportunity by rule.
   73         (5)(a)The Department of Economic Opportunity must verify
   74  the application and notify the organization of its determination
   75  within 15 days of receiving a complete application. The decision
   76  of the Department of Economic Opportunity must be in writing or,
   77  if agreed to by the applicant, electronic mail.
   78         (b) If the Department of Economic Opportunity makes a
   79  determination to approve the application, then the notice sent
   80  to the eligible job training organization must include a
   81  certification that the organization is eligible to receive a
   82  refund of certain sales and use tax remitted under this chapter.
   83  The Department of Economic Opportunity shall transmit a copy of
   84  the notice and certification, if applicable, to the department.
   85         (c) Upon the Department of Economic Opportunity’s issuance
   86  of a certification, such certification remains in effect so long
   87  as the eligible job training organization is in compliance with
   88  the requirements of this section.
   89         (6)An eligible job training organization certified under
   90  this section must apply to the department between August 1 and
   91  August 31 of each year to receive a refund. The first time that
   92  an organization submits an application for a refund to the
   93  department the application must be accompanied by a copy of the
   94  certification. Subsequent applications by an organization do not
   95  need to include the certification. The organization must submit
   96  any information required by the department as part of the
   97  application for the refund.
   98         (7)For purposes of this section, an eligible job training
   99  organization comprised of commonly owned and controlled entities
  100  is deemed to be a single organization.
  101         (8)By August 1 following each state fiscal year in which
  102  an eligible job training organization received a refund pursuant
  103  to subsection (2), the organization must provide a report to the
  104  Department of Economic Opportunity about the use of such funds
  105  as required in subsection (2). The report must include at least
  106  all of the following:
  107         (a)The amount of the refund used to create growth in
  108  employment hours.
  109         (b)The total growth in employment hours.
  110         (c)The amount of the refund used for job training and
  111  employment services.
  112         (d)The number of individuals who participated in job
  113  training and employment services at the eligible job training
  114  organization.
  115         (e)A statement declaring that the eligible job training
  116  organization continues to meet the requirements of this section.
  117         (9)Administration.—
  118         (a)The Department of Economic Opportunity may adopt rules
  119  to administer this section, including rules for the approval and
  120  disapproval of applications.
  121         (b)If the Department of Economic Opportunity determines
  122  that an eligible job training organization no longer qualifies
  123  for the refund under this section, the Department of Economic
  124  Opportunity must notify the department immediately. The
  125  department may not issue a refund after receiving such
  126  notification.
  127         (c) Notwithstanding s. 95.091(3)(a)6.b., the department may
  128  audit any refund within 4 years after the date of which a refund
  129  is granted. The overpayment of a refund or a refund issued to an
  130  ineligible organization is subject to repayment and interest at
  131  the rate calculated pursuant to s. 213.235.
  132         Section 2. This act shall take effect July 1, 2018.