September 21, 2020
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HB 459

A bill to be entitled
2An act relating to employment for the homeless; amending
3s. 220.02, F.S.; specifying the order for applying the tax
4credit for employment of the homeless; amending s. 220.13,
5F.S.; revising a definition; creating s. 220.194, F.S.;
6providing definitions; providing a tax credit for a
7corporation that hires a homeless person residing in a
8transitional housing facility; specifying the information
9that must be provided to the Department of Revenue when
10applying for the credit; providing for the carryover of
11unused credits; providing credit application requirements;
12providing penalties for fraudulently claiming the tax
13credit; limiting the total amount of tax credits that may
14be granted per calendar year; authorizing the department
15to adopt rules; providing for the expiration of the tax
16credit; requiring the department to collect certain data;
17providing an effective date.
19Be It Enacted by the Legislature of the State of Florida:
21     Section 1.  Subsection (8) of section 220.02, Florida
22Statutes, is amended to read:
23     220.02  Legislative intent.-
24     (8)  It is the intent of the Legislature that credits
25against either the corporate income tax or the franchise tax be
26applied in the following order: those enumerated in s. 631.828,
27those enumerated in s. 220.191, those enumerated in s. 220.181,
28those enumerated in s. 220.183, those enumerated in s. 220.182,
29those enumerated in s. 220.1895, those enumerated in s. 221.02,
30those enumerated in s. 220.184, those enumerated in s. 220.186,
31those enumerated in s. 220.1845, those enumerated in s. 220.19,
32those enumerated in s. 220.185, those enumerated in s. 220.187,
33those enumerated in s. 220.192, those enumerated in s. 220.193,
34and those enumerated in s. 288.9916, and those enumerated in s.
36     Section 2.  Paragraph (a) of subsection (1) of section
37220.13, Florida Statutes, is amended to read:
38     220.13  "Adjusted federal income" defined.-
39     (1)  The term "adjusted federal income" means an amount
40equal to the taxpayer's taxable income as defined in subsection
41(2), or such taxable income of more than one taxpayer as
42provided in s. 220.131, for the taxable year, adjusted as
44     (a)  Additions.-There shall be added to such taxable
46     1.  The amount of any tax upon or measured by income,
47excluding taxes based on gross receipts or revenues, paid or
48accrued as a liability to the District of Columbia or any state
49of the United States which is deductible from gross income in
50the computation of taxable income for the taxable year.
51     2.  The amount of interest which is excluded from taxable
52income under s. 103(a) of the Internal Revenue Code or any other
53federal law, less the associated expenses disallowed in the
54computation of taxable income under s. 265 of the Internal
55Revenue Code or any other law, excluding 60 percent of any
56amounts included in alternative minimum taxable income, as
57defined in s. 55(b)(2) of the Internal Revenue Code, if the
58taxpayer pays tax under s. 220.11(3).
59     3.  In the case of a regulated investment company or real
60estate investment trust, an amount equal to the excess of the
61net long-term capital gain for the taxable year over the amount
62of the capital gain dividends attributable to the taxable year.
63     4.  That portion of the wages or salaries paid or incurred
64for the taxable year which is equal to the amount of the credit
65allowable for the taxable year under s. 220.181. This
66subparagraph shall expire on the date specified in s. 290.016
67for the expiration of the Florida Enterprise Zone Act.
68     5.  That portion of the ad valorem school taxes paid or
69incurred for the taxable year which is equal to the amount of
70the credit allowable for the taxable year under s. 220.182. This
71subparagraph shall expire on the date specified in s. 290.016
72for the expiration of the Florida Enterprise Zone Act.
73     6.  The amount of emergency excise tax paid or accrued as a
74liability to this state under chapter 221 which tax is
75deductible from gross income in the computation of taxable
76income for the taxable year.
77     7.  That portion of assessments to fund a guaranty
78association incurred for the taxable year which is equal to the
79amount of the credit allowable for the taxable year.
80     8.  In the case of a nonprofit corporation which holds a
81pari-mutuel permit and which is exempt from federal income tax
82as a farmers' cooperative, an amount equal to the excess of the
83gross income attributable to the pari-mutuel operations over the
84attributable expenses for the taxable year.
85     9.  The amount taken as a credit for the taxable year under
86s. 220.1895.
87     10.  Up to nine percent of the eligible basis of any
88designated project which is equal to the credit allowable for
89the taxable year under s. 220.185.
90     11.  The amount taken as a credit for the taxable year
91under s. 220.187.
92     12.  The amount taken as a credit for the taxable year
93under s. 220.192.
94     13.  The amount taken as a credit for the taxable year
95under s. 220.193.
96     14.  The amount taken as a credit for the taxable year
97under s. 220.194.
98     15.14.  Any portion of a qualified investment, as defined
99in s. 288.9913, which is claimed as a deduction by the taxpayer
100and taken as a credit against income tax pursuant to s.
102     Section 3.  Section 220.194, Florida Statutes, is created
103to read:
104     220.194  Tax credit for employment of the homeless.-
105     (1)  As used in this section, the term:
106     (a)  "Continuously employed" means that an employee has
107worked for the corporation for at least 80 hours during each 30-
108day period and has been employed at least 6 months following the
109date that the employee began working for the corporation on or
110after July 1, 2010.
111     (b)  "Homeless person" means an individual whose primary
112nighttime residence is at a transitional housing facility.
113     (c)  "Transitional housing facility" means a facility
114located in the state that is a supervised, publicly or privately
115operated shelter designed to provide temporary living
116accommodations, including a welfare hotel, congregate shelter,
117and transitional housing for the mentally ill, and that receives
118federal homeless assistance funding distributed by the United
119States Department of Housing and Urban Development.
120     (2)  For each taxable year, beginning January 1, 2011, a
121tax credit of $1,000 shall be allowed to a corporation against
122any corporate income tax due under this chapter if the
123corporation hires a homeless person who resides in a
124transitional housing facility at the time he or she begins
125employment and who remains continuously employed for at least 6
126months. The tax credit may be taken only once per new employee.
127     (3)  Upon applying for the credit, the corporation must
128provide the department with the following information:
129     (a)  For each new employee for whom the credit is claimed:
130     1.  The employee's name, social security number, and
131current address or, if the employee is no longer employed, the
132last known address of the person while employed by the
134     2.  The address of the transitional housing facility where
135the employee was residing at the time he or she began employment
136and documentation from the transitional housing facility that
137demonstrates that the employee qualified for and was residing at
138the facility at the time he or she began employment.
139     3.  The salary or hourly wages paid to the new employee
140during the taxable year.
141     (b)  The total salary or hourly wages paid during the
142taxable year to each employee who is still employed by the
143corporation and for whom the tax credit was claimed in a prior
144taxable year.
145     (4)  If the credit is not fully used in any one year, the
146unused amount may be carried forward for up to 5 years. The
147carryover credit may be used in a subsequent year if the tax
148imposed by this chapter exceeds the credit for that year after
149applying any other credits and unused credit carryovers in the
150order provided in s. 220.02(8).
151     (5)  The corporation applying for the credit must
152affirmatively demonstrate to the satisfaction of the department
153that it meets the requirements of this section. An application
154must be filed with the department no later than February 1 of
155each year for an allocation of the previous year's credit. The
156application must show that all of the requirements in this
157section were met during the preceding calendar year.
158     (6)  Any person who fraudulently claims the credit is
159liable for payment of the credit, plus a mandatory penalty in
160the amount of 200 percent of the credit and interest at the rate
161provided in s. 220.807, and commits a felony of the third
162degree, punishable as provided in s. 775.082, s. 775.083, or s.
164     (7)  The total amount of tax credit that may be granted
165under this section is $2 million per calendar year. If the total
166amount of tax credit for applications submitted in a given
167calendar year exceeds $2 million, the amount of tax credit per
168applicant shall be granted on a pro rata basis. If the full
169amount of the tax credit is not allowed due to the $2 million
170annual limitation, the balance shall be allowed in the following
171tax year. The amount not allowed in the previous tax year shall
172be allowed in full prior to the pro rata allocation of tax
173credit in the following tax year.
174     (8)  The department may adopt rules and forms to administer
175this section.
176     (9)  This section expires December 31, 2015, except for
177subsections (3) and (8), which expire December 31, 2021. In
178determining whether to reenact this section, the Legislature
179shall consider whether the revenue generated from wages paid to
180qualifying employees outweighs the cost to the state in terms of
181the amount of taxes waived. The department shall collect and
182maintain data relating to the total amount of wages paid to
183employees for whom a tax credit has been claimed in order to
184assist the Legislature in making such a determination.
185     Section 4.  This act shall take effect July 1, 2010.

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