Bill Text: FL H0105 | 2012 | Regular Session | Introduced

Bill Title: Employment of the Homeless

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2012-03-09 - Died in Business and Consumer Affairs Subcommittee [H0105 Detail]

Download: Florida-2012-H0105-Introduced.html
HB 105

A bill to be entitled
2An act relating to employment of the homeless;
3amending s. 220.02, F.S.; specifying the order for
4applying the tax credit for employment of the
5homeless; amending s. 220.13, F.S.; redefining the
6term "adjusted federal income" to include an
7adjustment for such tax credit; creating s. 220.197,
8F.S.; providing definitions; providing a tax credit
9for a corporation that hires a homeless person
10residing in a transitional, permanent supportive, or
11permanent housing facility; specifying the information
12that must be provided to the Department of Revenue
13when applying for the credit; providing for the
14carryover of unused credits; requiring that the
15application be filed with the department by a
16specified date each year; providing penalties for
17fraudulently claiming the tax credit; limiting the
18total amount of tax credits that may be granted per
19taxable year; authorizing the department to adopt
20rules; providing for the expiration of the tax credit;
21requiring that the department collect certain data;
22providing an effective date.
24Be It Enacted by the Legislature of the State of Florida:
26     Section 1.  Subsection (8) of section 220.02, Florida
27Statutes, is amended to read:
28     220.02  Legislative intent.-
29     (8)  It is the intent of the Legislature that credits
30against either the corporate income tax or the franchise tax be
31applied in the following order: those enumerated in s. 631.828,
32those enumerated in s. 220.191, those enumerated in s. 220.181,
33those enumerated in s. 220.183, those enumerated in s. 220.182,
34those enumerated in s. 220.1895, those enumerated in s. 220.195,
35those enumerated in s. 220.184, those enumerated in s. 220.186,
36those enumerated in s. 220.1845, those enumerated in s. 220.19,
37those enumerated in s. 220.185, those enumerated in s. 220.1875,
38those enumerated in s. 220.192, those enumerated in s. 220.193,
39those enumerated in s. 288.9916, those enumerated in s.
40220.1899, those enumerated in s. 220.1896, those enumerated in
41s. 220.194, and those enumerated in s. 220.196, and those
42enumerated s. 220.197.
43     Section 2.  Paragraph (a) of subsection (1) of section
44220.13, Florida Statutes, is amended to read:
45     220.13  "Adjusted federal income" defined.-
46     (1)  The term "adjusted federal income" means an amount
47equal to the taxpayer's taxable income as defined in subsection
48(2), or such taxable income of more than one taxpayer as
49provided in s. 220.131, for the taxable year, adjusted as
51     (a)  Additions.-There shall be added to such taxable
53     1.  The amount of any tax upon or measured by income,
54excluding taxes based on gross receipts or revenues, paid or
55accrued as a liability to the District of Columbia or any state
56of the United States which is deductible from gross income in
57the computation of taxable income for the taxable year.
58     2.  The amount of interest which is excluded from taxable
59income under s. 103(a) of the Internal Revenue Code or any other
60federal law, less the associated expenses disallowed in the
61computation of taxable income under s. 265 of the Internal
62Revenue Code or any other law, excluding 60 percent of any
63amounts included in alternative minimum taxable income, as
64defined in s. 55(b)(2) of the Internal Revenue Code, if the
65taxpayer pays tax under s. 220.11(3).
66     3.  In the case of a regulated investment company or real
67estate investment trust, an amount equal to the excess of the
68net long-term capital gain for the taxable year over the amount
69of the capital gain dividends attributable to the taxable year.
70     4.  That portion of the wages or salaries paid or incurred
71for the taxable year which is equal to the amount of the credit
72allowable for the taxable year under s. 220.181. This
73subparagraph shall expire on the date specified in s. 290.016
74for the expiration of the Florida Enterprise Zone Act.
75     5.  That portion of the ad valorem school taxes paid or
76incurred for the taxable year which is equal to the amount of
77the credit allowable for the taxable year under s. 220.182. This
78subparagraph shall expire on the date specified in s. 290.016
79for the expiration of the Florida Enterprise Zone Act.
80     6.  The amount taken as a credit under s. 220.195 which is
81deductible from gross income in the computation of taxable
82income for the taxable year.
83     7.  That portion of assessments to fund a guaranty
84association incurred for the taxable year which is equal to the
85amount of the credit allowable for the taxable year.
86     8.  In the case of a nonprofit corporation which holds a
87pari-mutuel permit and which is exempt from federal income tax
88as a farmers' cooperative, an amount equal to the excess of the
89gross income attributable to the pari-mutuel operations over the
90attributable expenses for the taxable year.
91     9.  The amount taken as a credit for the taxable year under
92s. 220.1895.
93     10.  Up to nine percent of the eligible basis of any
94designated project which is equal to the credit allowable for
95the taxable year under s. 220.185.
96     11.  The amount taken as a credit for the taxable year
97under s. 220.1875. The addition in this subparagraph is intended
98to ensure that the same amount is not allowed for the tax
99purposes of this state as both a deduction from income and a
100credit against the tax. This addition is not intended to result
101in adding the same expense back to income more than once.
102     12.  The amount taken as a credit for the taxable year
103under s. 220.192.
104     13.  The amount taken as a credit for the taxable year
105under s. 220.193.
106     14.  Any portion of a qualified investment, as defined in
107s. 288.9913, which is claimed as a deduction by the taxpayer and
108taken as a credit against income tax pursuant to s. 288.9916.
109     15.  The costs to acquire a tax credit pursuant to s.
110288.1254(5) that are deducted from or otherwise reduce federal
111taxable income for the taxable year.
112     16.  The amount taken as a credit for the taxable year
113pursuant to s. 220.194.
114     17.  The amount taken as a credit for the taxable year
115under s. 220.196. The addition in this subparagraph is intended
116to ensure that the same amount is not allowed for the tax
117purposes of this state as both a deduction from income and a
118credit against the tax. The addition is not intended to result
119in adding the same expense back to income more than once.
120     18.  The amount taken as a credit for the taxable year
121under s. 220.197.
122     Section 3.  Section 220.197, Florida Statutes, is created
123to read:
124     220.197  Tax credit for employment of the homeless.-
125     (1)  As used in this section, the term:
126     (a)  "Continuously employed" means that an employee has
127worked for the corporation for at least 80 hours during each 30-
128day period and has been employed at least 6 months after the
129date that the employee began working for the corporation on or
130after July 1, 2012.
131     (b)  "Homeless person" means an individual whose primary
132nighttime residence is a transitional, permanent supportive, or
133permanent housing facility.
134     (c)  "Transitional, permanent supportive, or permanent
135housing facility" means a facility located in the state that is:
136     1.  A supervised, publicly or privately operated shelter
137that is designed to provide temporary living accommodations,
138including welfare hotels, congregate shelters, and transitional
139housing for the mentally ill, and that receives federal homeless
140assistance funding distributed by the United States Department
141of Housing and Urban Development.
142     2.  An emergency shelter that receives county homeless
143assistance funding.
144     (2)  For taxable years beginning on or after January 1,
1452013, a tax credit of $1,000 shall be allowed to a corporation
146against any corporate income tax due under this chapter if the
147corporation hires a homeless person who resides in an emergency
148shelter or a transitional, permanent supportive, or permanent
149housing facility at the time he or she begins employment and who
150remains continuously employed by the corporation for at least 6
151months. The tax credit may be taken only once per new employee.
152     (3)  Upon applying for the credit, the corporation must
153provide the department with the following information:
154     (a)  For each new employee for whom the credit is claimed:
155     1.  The employee's name, social security number, and
156current address or, if the employee is no longer employed, the
157last known address of the person while employed by the
159     2.  The address of the transitional, permanent supportive,
160or permanent housing facility where the employee was residing at
161the time he or she began employment and documentation from the
162facility which demonstrates that the employee qualified for and
163was residing at the facility at the time he or she began
165     3.  The salary or hourly wages paid to the new employee
166during the taxable year.
167     (b)  The total salary or hourly wages paid during the
168taxable year to each employee who is still employed by the
169corporation and for whom the tax credit was claimed in a
170previous taxable year.
171     (4)  If the credit is not fully used in any one year, the
172unused amount may be carried forward for up to 5 years. The
173carryover credit may be used in a subsequent year if the tax
174imposed by this chapter exceeds the credit for the year after
175applying any other credits and unused credit carryovers in the
176order provided in s. 220.02(8).
177     (5)  The corporation applying for the credit must
178affirmatively demonstrate to the satisfaction of the department
179that it meets the requirements in this section. An application
180must be filed with the department by February 1 of each year for
181an allocation of the previous year's credit. The application
182must show that all of the requirements in this section were met
183during the previous calendar year.
184     (6)  Any person who fraudulently claims the credit is
185liable for payment of the credit, plus a mandatory penalty in
186the amount of 200 percent of the credit and interest at the rate
187provided in s. 220.807, and commits a felony of the third
188degree, punishable as provided in s. 775.082, s. 775.083, or s.
190     (7)  The total amount of tax credit that may be granted
191under this section is $2 million per calendar year. If the total
192amount of tax credit for applications submitted in a given
193calendar year exceeds $2 million, the amount of tax credit per
194applicant shall be granted on a pro rata basis. If the full
195amount of the tax credit is not allowed due to the $2 million-
196annual limitation, the balance shall be allowed in the following
197tax year. The amount not allowed in the previous tax year shall
198be allowed in full before the pro rata allocation of tax credit
199in the next tax year.
200     (8)  The department may adopt rules and forms to administer
201this section.
202     (9)  This section expires December 31, 2017, except for
203subsections (3) and (8), which expire December 31, 2023. In
204determining whether to reenact this section, the Legislature
205shall consider whether the revenue generated from wages paid to
206qualifying employees outweighs the cost to the state in terms of
207the amount of taxes waived. The department shall collect and
208maintain data relating to the total amount of wages paid to
209employees for whom a tax credit has been claimed in order to
210assist the Legislature in making its determination.
211     Section 4.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.