| 1 | The Committee on Commerce recommends the following: | 
| 2 | 
 | 
| 3 | Committee Substitute | 
| 4 | Remove the entire bill and insert: | 
| 5 | A bill to be entitled | 
| 6 | An act relating to tax refunds for hiring a person who has | 
| 7 | a disability; creating a tax refund program for hiring a | 
| 8 | person who has a disability; providing definitions; | 
| 9 | authorizing certain businesses to receive a refund of | 
| 10 | certain eligible taxes; prescribing the amount of refunds; | 
| 11 | providing criteria and limitations; authorizing additional | 
| 12 | refunds for providing employee health insurance; | 
| 13 | prescribing taxes that may be refunded; providing limits | 
| 14 | on refunds; providing a criminal penalty for owners or | 
| 15 | operators of businesses fraudulently claiming a refund; | 
| 16 | providing for repayment of refunds plus penalties; | 
| 17 | providing requirements, deadlines, and procedures relating | 
| 18 | to claiming refunds; providing duties of the Division of | 
| 19 | Vocational Rehabilitation of the Department of Education | 
| 20 | and the Department of Revenue; specifying that refunds are | 
| 21 | subject to legislative appropriation; providing for | 
| 22 | proration of refunds under certain circumstances; | 
| 23 | providing duties of the Chief Financial Officer; providing | 
| 24 | for review and approval of applications for refunds; | 
| 25 | providing for interagency cooperation and sharing of | 
| 26 | information; providing for agency rules; providing for | 
| 27 | future repeal; providing an appropriation; providing an | 
| 28 | effective date. | 
| 29 | 
 | 
| 30 | Be It Enacted by the Legislature of the State of Florida: | 
| 31 | 
 | 
| 32 | Section 1.  Tax refund program for hiring a person who has | 
| 33 | a disability.-- | 
| 34 | (1)  DEFINITIONS.--As used in this section: | 
| 35 | (a)  "Business" means an employing unit, as defined in s. | 
| 36 | 443.036, Florida Statutes, which is registered for unemployment | 
| 37 | compensation purposes with the state agency providing | 
| 38 | unemployment tax collection services under contract with the | 
| 39 | Agency for Workforce Innovation through an interagency agreement | 
| 40 | under s. 443.1316, Florida Statutes, or a subcategory or | 
| 41 | division of an employing unit which is accepted by the state | 
| 42 | agency providing unemployment tax collection services as a | 
| 43 | reporting unit. | 
| 44 | (b)  "Division" means the Division of Vocational | 
| 45 | Rehabilitation of the Department of Education. | 
| 46 | (c)  "Eligible employee" means a person who has a | 
| 47 | disability and who: | 
| 48 | 1.  Was hired after July 1, 2004. | 
| 49 | 2.  Works at least 80 hours per month. | 
| 50 | 3.  Receives a salary that exceeds the federal minimum | 
| 51 | wage. | 
| 52 | (d)  "Fiscal year" means the state fiscal year. | 
| 53 | (e)  "Person who has a disability" means the same as that | 
| 54 | term is used in s. 413.20, Florida Statutes, and as further | 
| 55 | prescribed in rules of the division implementing this section. | 
| 56 | (f)  "Qualified business" means a business that has been | 
| 57 | approved by the division to receive a tax refund under this | 
| 58 | section as provided in subsection (3). | 
| 59 | (g)  "Taxable year" means taxable year as defined in s. | 
| 60 | 220.03(1), Florida Statutes. | 
| 61 | (2)  TAX REFUND; ELIGIBLE AMOUNTS.-- | 
| 62 | (a)  A business that hires a person who has a disability | 
| 63 | may receive a refund of eligible taxes certified by the division | 
| 64 | which were paid by the business. | 
| 65 | (b)  The refund shall be equal to 20 percent of the portion | 
| 66 | of the actual monthly wages paid in this state to each eligible | 
| 67 | employee which exceeds the federal minimum wage. The refund | 
| 68 | under this paragraph, however, may not exceed $6,000 per | 
| 69 | eligible employee per fiscal year. | 
| 70 | (c)  Notwithstanding paragraph (b), a business may receive | 
| 71 | an additional refund equal to $70 per month for each eligible | 
| 72 | employee who is covered by a health insurance plan offered by | 
| 73 | the business. | 
| 74 | (d)  A business may claim a refund for any month during | 
| 75 | which an eligible employee is employed by the business. An | 
| 76 | eligible employee may serve as the basis for refunds for a | 
| 77 | period not to exceed 2 calendar years. | 
| 78 | (e)  A business may claim refunds for no more than five | 
| 79 | eligible employees. | 
| 80 | (f)  A business may: | 
| 81 | 1.  Receive refunds for the following taxes due and paid by | 
| 82 | that business beginning with the first taxable year of the | 
| 83 | business after hiring the eligible employee: | 
| 84 | a.  Corporate income taxes under chapter 220, Florida | 
| 85 | Statutes. | 
| 86 | b.  Insurance premium tax under s. 624.509, Florida | 
| 87 | Statutes. | 
| 88 | 2.  Receive refunds for the following taxes due and paid by | 
| 89 | that business after hiring the eligible employee: | 
| 90 | a.  Taxes on sales, use, and other transactions under | 
| 91 | chapter 212, Florida Statutes. | 
| 92 | b.  Intangible personal property taxes under chapter 199, | 
| 93 | Florida Statutes. | 
| 94 | c.  Emergency excise taxes under chapter 221, Florida | 
| 95 | Statutes. | 
| 96 | d.  Excise taxes on documents under chapter 201, Florida | 
| 97 | Statutes. | 
| 98 | e.  Ad valorem taxes paid, as defined in s. 220.03(1), | 
| 99 | Florida Statutes. | 
| 100 | (g)  However, a business may not receive a refund under | 
| 101 | this section for any amount of credit, refund, or exemption | 
| 102 | granted to that business for any of such taxes. If a refund for | 
| 103 | such taxes is provided by the division, which taxes are | 
| 104 | subsequently adjusted by the application of any credit, refund, | 
| 105 | or exemption granted to the qualified business other than as | 
| 106 | provided in this section, the business shall reimburse the | 
| 107 | division for the amount of that credit, refund, or exemption. A | 
| 108 | qualified business shall notify and tender payment to the | 
| 109 | division within 20 days after receiving any credit, refund, or | 
| 110 | exemption other than one provided in this section. Any payment | 
| 111 | received by the division under this paragraph shall be deposited | 
| 112 | into the General Revenue Fund. | 
| 113 | (h)  The owner or operator of any business that | 
| 114 | fraudulently claims a refund under this section: | 
| 115 | 1.  Is liable for repayment of the amount of the refund, | 
| 116 | plus a mandatory penalty in the amount of 200 percent of the tax | 
| 117 | refund, which shall be deposited into the General Revenue Fund. | 
| 118 | 2.  Commits a felony of the third degree, punishable as | 
| 119 | provided in s. 775.082, s. 775.083, or s. 775.084, Florida | 
| 120 | Statutes. | 
| 121 | (3)  ANNUAL CLAIM FOR REFUND; APPROVAL.-- | 
| 122 | (a)  Beginning January 1, 2005, to be eligible to claim a | 
| 123 | tax refund under this section, a business must apply by January | 
| 124 | 1 to the division for the tax refund, to be paid from the | 
| 125 | appropriation by the Legislature for the fiscal year that begins | 
| 126 | on July 1 following the January 1 claims-submission date. | 
| 127 | (b)  The claim for a refund by the business must include: | 
| 128 | 1.  A copy of all receipts pertaining to the payment of | 
| 129 | taxes for which the refund is sought. | 
| 130 | 2.  Documentation, in a form and manner prescribed by the | 
| 131 | division, demonstrating that an eligible employee is the basis | 
| 132 | for the refund. | 
| 133 | 3.  Documentation, if applicable, in a form and manner | 
| 134 | prescribed by the division, demonstrating that the eligible | 
| 135 | employee who is the basis for the refund is covered by the | 
| 136 | health insurance plan of the business in a manner that satisfies | 
| 137 | paragraph (2)(c). | 
| 138 | (c)  The division, with such assistance as may be required | 
| 139 | from the Department of Revenue or the Agency for Workforce | 
| 140 | Innovation, shall, by March 30 following the date for submission | 
| 141 | of the tax refund claim, specify by written order the approval | 
| 142 | or disapproval of the tax refund claim and, if approved, the | 
| 143 | amount of the tax refund that is authorized to be paid to the | 
| 144 | qualified business for the annual tax refund. The Department of | 
| 145 | Revenue shall verify the payment of taxes for which the refund | 
| 146 | is sought. | 
| 147 | (d)  This section does not create a presumption that a tax | 
| 148 | refund claim will be approved and paid to a qualified business. | 
| 149 | Refunds under this section are subject to appropriation by the | 
| 150 | Legislature. | 
| 151 | (e)  If the Legislature does not appropriate an amount | 
| 152 | sufficient to pay all refunds determined by the division to be | 
| 153 | qualified for payment in a fiscal year, the division shall amend | 
| 154 | the written orders under paragraph (c) relating to that fiscal | 
| 155 | year and prorate refunds to qualified businesses for that fiscal | 
| 156 | year. | 
| 157 | (f)  Upon approval of the claim for a tax refund, and upon | 
| 158 | an appropriation by the Legislature for refunds under this | 
| 159 | section, the Chief Financial Officer shall issue a warrant for | 
| 160 | the amount specified in the written order or, if applicable, the | 
| 161 | revised written order. If the written order or revised written | 
| 162 | order is appealed, the Chief Financial Officer may not issue a | 
| 163 | warrant for a refund to the qualified business until the | 
| 164 | conclusion of all appeals of the order. | 
| 165 | (4)  ADMINISTRATION.-- | 
| 166 | (a)  The division may verify information provided in any | 
| 167 | claim submitted for tax refunds under this section with regard | 
| 168 | to employment and wage levels or the payment of the taxes to the | 
| 169 | appropriate agency or authority, including the Department of | 
| 170 | Revenue, the Agency for Workforce Innovation, or any local | 
| 171 | government or authority. | 
| 172 | (b)  To facilitate the process of monitoring and auditing | 
| 173 | applications made under this section, the division may provide a | 
| 174 | list of businesses to the Department of Revenue, the Agency for | 
| 175 | Workforce Innovation, or any local government or authority. The | 
| 176 | office may request the assistance of those entities with respect | 
| 177 | to monitoring jobs, wages, and the payment of the taxes listed | 
| 178 | in subsection (2). | 
| 179 | (c)  Funds specifically appropriated for the tax refund | 
| 180 | program under this section may not be used for any purpose other | 
| 181 | than the payment of tax refunds authorized by this section. | 
| 182 | (d)  The division may adopt rules pursuant to ss. | 
| 183 | 120.536(1) and 120.54, Florida Statutes, to administer this | 
| 184 | section. | 
| 185 | (5)  EXPIRATION.--This section is repealed June 30, 2010. | 
| 186 | Section 2.  The sum of $2,820,000 is appropriated from the | 
| 187 | General Revenue Fund to the Department of Education for the | 
| 188 | payment of refunds during fiscal year 2004-2005 under the tax | 
| 189 | refund program for hiring a disabled person as created by this | 
| 190 | act. | 
| 191 | Section 3.  This act shall take effect upon becoming a law. |