Senate Bill sb2182c1

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    Florida Senate - 2004                           CS for SB 2182

    By the Committee on Commerce, Economic Opportunities, and
    Consumer Services; and Senator Lynn




    310-2279-04

  1                      A bill to be entitled

  2         An act relating to tax refunds for hiring a

  3         person who has a disability; creating a tax

  4         refund program for hiring a person who has a

  5         disability; providing definitions for use with

  6         the program; prescribing how the amount of

  7         refund is calculated; establishing limits on

  8         the amount of refunds; authorizing additional

  9         refunds for offering employee health insurance;

10         prescribing taxes that may be refunded;

11         providing criminal penalties for fraudulent

12         refund claims; providing for repayment of

13         refunds plus penalties; providing timeframes

14         and procedures for claiming refunds; specifying

15         information that must be submitted to support

16         refund claims; providing for review and

17         approval of applications for refunds; providing

18         for interagency cooperation and sharing of

19         information; specifying that refunds are

20         subject to legislative appropriation; providing

21         for the issuance of warrants to pay refunds;

22         requiring the Division of Vocational

23         Rehabilitation of the Department of Education

24         to provide the Legislature with an estimated

25         amount of refunds; authorizing the Division of

26         Vocational Rehabilitation to adopt rules;

27         providing for expiration of the refund program;

28         providing an appropriation; providing an

29         effective date.

30  

31  Be It Enacted by the Legislature of the State of Florida:

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    Florida Senate - 2004                           CS for SB 2182
    310-2279-04




 1         Section 1.  Tax refund program for hiring a person who

 2  has a disability.--

 3         (1)  DEFINITIONS.--As used in this section:

 4         (a)  "Business" means an employing unit, as defined in

 5  section 443.036, Florida Statutes, which is registered for

 6  unemployment compensation purposes with the state agency

 7  providing unemployment tax collection services under contract

 8  with the Agency for Workforce Innovation through an

 9  interagency agreement under section 443.1316, Florida

10  Statutes, or a subcategory or division of an employing unit

11  which is accepted as a reporting unit by the state agency

12  providing unemployment tax collection services.

13         (b)  "Division" means the Division of Vocational

14  Rehabilitation of the Department of Education.

15         (c)  "Eligible employee" means a person who has a

16  disability and who:

17         1.  Was hired after July 1, 2004;

18         2.  Works at least 80 hours per month; and

19         3.  Earns a salary that exceeds the federal minimum

20  wage.

21         (d)  "Fiscal year" means the fiscal year of the state.

22         (e)  "Person who has a disability" has the same meaning

23  as in section 413.20, Florida Statutes, for the purposes of

24  determining eligibility for vocational rehabilitation services

25  from the division.

26         (f)  "Qualified business" means a business that has

27  been approved by the division to receive a tax refund under

28  this section as provided in subsection (3).

29         (2)  TAX REFUND; ELIGIBLE AMOUNTS.--

30  

31  

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    Florida Senate - 2004                           CS for SB 2182
    310-2279-04




 1         (a)  A business that hires a person who has a

 2  disability may receive a refund of eligible taxes certified by

 3  the division which were paid by the business.

 4         (b)  The refund shall be equal to 20 percent of the

 5  portion of the actual monthly wages paid in this state to each

 6  eligible employee which exceeds the federal minimum wage. The

 7  refund under this paragraph, however, may not exceed $6,000

 8  per eligible employee per fiscal year.

 9         (c)  Notwithstanding paragraph (b), a business may

10  receive an additional refund equal to $70 per month for each

11  eligible employee who is covered by a health insurance plan

12  offered by the business.

13         (d)  A business may claim a refund for any month during

14  which an eligible employee is employed by the business, except

15  that an eligible employee may not serve as the basis for

16  receipt of refunds for more than 24 cumulative months.

17         (e)  A business may claim refunds for a total of no

18  more than five eligible employees.

19         (f)  A business may receive refunds for the following

20  taxes due and paid by that business in the fiscal year

21  immediately preceding the date the business submits an

22  application for a tax refund under subsection (3).

23         1.  Corporate income taxes under chapter 220, Florida

24  Statutes.

25         2.  Insurance premium tax under section 624.509,

26  Florida Statutes.

27         3.  Taxes on sales, use, and other transactions under

28  chapter 212, Florida Statutes.

29         4.  Intangible personal property taxes under chapter

30  199, Florida Statutes.

31  

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    Florida Senate - 2004                           CS for SB 2182
    310-2279-04




 1         5.  Emergency excise taxes under chapter 221, Florida

 2  Statutes.

 3         6.  Excise taxes on documents under chapter 201,

 4  Florida Statutes.

 5         7.  Ad valorem taxes paid, as defined in section

 6  220.03(1), Florida Statutes.

 7         (g)  A business may not receive a refund under this

 8  section for any amount of credit, refund, or exemption granted

 9  to that business for any of the taxes enumerated in paragraph

10  (f). If a refund for such taxes is provided by the division,

11  which taxes are subsequently adjusted by the application of

12  any credit, refund, or exemption granted to the qualified

13  business other than as provided in this section, the business

14  shall reimburse the division for the amount of that credit,

15  refund, or exemption. A qualified business shall notify and

16  tender payment to the division within 20 days after receiving

17  the credit, refund, or exemption. Any payment received by the

18  division under this paragraph shall be deposited in the

19  General Revenue Fund.

20         (h)  A business that fraudulently claims a refund under

21  this section:

22         1.  Is liable for repayment of the amount of the

23  refund, plus a mandatory penalty in the amount of 200 percent

24  of the tax refund, which shall be deposited into the General

25  Revenue Fund.

26         2.  Commits a felony of the third degree, punishable as

27  provided in section 775.082, section 775.083, or section

28  775.084, Florida Statutes.

29         (i)  In no case may a tax refund provided under this

30  section exceed the amount of the tax which is the basis for

31  the refund and was due and paid by the eligible business in

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    Florida Senate - 2004                           CS for SB 2182
    310-2279-04




 1  the fiscal year immediately proceeding the date the business

 2  submits an application for a tax refund under subsection (3).

 3         (3)  CLAIM FOR REFUND; APPROVAL.--

 4         (a)  To claim a tax refund under this section, a

 5  business may apply beginning August 1 to the division for a

 6  refund to be paid from a specific appropriation made by the

 7  Legislature for the payment of refunds during that fiscal

 8  year. A business may apply for a refund on a monthly basis or

 9  may aggregate claims for more than 1 month.

10         (b)  The claim for a refund by the business must

11  include:

12         1.  A copy of all receipts pertaining to the payment of

13  taxes for which the refund is sought;

14         2.  Documentation, in a form and manner prescribed by

15  the division, demonstrating that an eligible employee is the

16  basis for the refund;

17         3.  Documentation, if applicable, in a form and manner

18  prescribed by the division, demonstrating that the eligible

19  employee who is the basis for the refund is covered by the

20  health insurance plan of the business in a manner that

21  satisfies paragraph (2)(c); and

22         4.  A certification by a business, in a form and manner

23  prescribed by the division, that no employee was terminated

24  without cause in order to hire a person who has a disability

25  and claim a refund under this section.

26         (c)  The division, with such assistance as may be

27  required from the Division of Blind Services of the Department

28  of Education, the Department of Revenue, or the Agency for

29  Workforce Innovation, shall review each claim for a refund in

30  the order received and specify by written order, within 60

31  days after receipt of the claim application, the approval or

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    Florida Senate - 2004                           CS for SB 2182
    310-2279-04




 1  disapproval of the tax refund claim and, if approved, the

 2  amount of the tax refund which is authorized to be paid to the

 3  qualified business for the tax refund. The division shall

 4  verify that the employee is a person who has a disability. The

 5  Department of Revenue shall verify the payment of taxes for

 6  which the refund is sought. The Agency for Workforce

 7  Innovation shall verify the employment status and wages of the

 8  eligible employee.

 9         (d)  This section does not create a presumption that an

10  approved tax refund claim will be paid to a qualified

11  business.

12         1.  Refunds under this section are subject to

13  appropriation by the Legislature, and refunds shall be paid on

14  a first-come, first-served basis, according to the order in

15  which the division approves the claims submitted during that

16  fiscal year.

17         2.  If sufficient funds are not available for the

18  payment of an approved refund claim in one fiscal year, the

19  qualified business must forego the claim for payment in that

20  fiscal year but may resubmit a claim in a subsequent fiscal

21  year based on the same eligible employee if the employee has

22  not been the basis for the receipt of refunds for more than 24

23  cumulative months.

24         3.  If a claim is denied by the division and the denial

25  is upheld on appeal, the business must forego that refund

26  claim.

27         (e)  Upon approval of the claim for a tax refund, and

28  if sufficient funds are available for payment of the claim,

29  the Chief Financial Officer shall issue a warrant for the

30  amount specified in the written order. If the written order is

31  appealed, the Chief Financial Officer may not issue a warrant

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    Florida Senate - 2004                           CS for SB 2182
    310-2279-04




 1  for a refund to the qualified business until the conclusion of

 2  all appeals of the order.

 3         (f)  The total amount of refunds approved and paid in a

 4  fiscal year may not exceed the amount appropriated by the

 5  Legislature for the payment of refunds for that fiscal year.

 6         (4)  ADMINISTRATION.--

 7         (a)  The division is authorized to verify information

 8  provided in any claim submitted for tax refunds under this

 9  section with regard to employment and wage levels or the

10  payment of the taxes to the appropriate agency or authority,

11  including the Department of Revenue, the Agency for Workforce

12  Innovation, or any local government or authority.

13         (b)  To facilitate the process of monitoring and

14  auditing applications made under this section, the division

15  may provide a list of businesses to the Department of Revenue,

16  to the Agency for Workforce Innovation, or to any local

17  government or authority. The office may request the assistance

18  of those entities with respect to monitoring jobs, wages, and

19  the payment of the taxes listed in subsection (2).

20         (c)  By January 1 of each year, the division shall

21  provide an estimate to the Legislature of the amount necessary

22  to satisfy anticipated claims for refunds in the next fiscal

23  year, based on the experience of the division in administering

24  the program and based on activity levels under the program.

25         (d)  Funds specifically appropriated for the tax refund

26  program under this section may not be used for any purpose

27  other than the payment of tax refunds authorized by this

28  section.

29         (e)  The division may adopt rules under sections

30  120.536(1) and 120.54, Florida Statutes, to administer this

31  section, including, but not limited to, rules defining terms

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    Florida Senate - 2004                           CS for SB 2182
    310-2279-04




 1  used in this section and rules specifying the forms and

 2  procedures for calculating and claiming refunds; the

 3  procedures and criteria for reviewing refund claims, verifying

 4  data related to refund claims, and approving claims; and the

 5  procedures for paying refund claims.

 6         (5)  EXPIRATION.--This section expires June 30, 2010.

 7         Section 2.  There is appropriated from the General

 8  Revenue Fund $____ million to the Department of Education for

 9  the payment of refunds during the 2004-2005 fiscal year under

10  the tax refund program for hiring a person who has a

11  disability as created by this act.

12         Section 3.  This act shall take effect July 1, 2004.

13  

14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                         Senate Bill 2182

16                                 

17  The committee substitute replaces the bill's sales and use tax
    and corporate income tax credits with a tax refund program,
18  under which a business may claim, subject to legislative
    appropriation, a refund of previously paid taxes for hiring a
19  person who has a disability. The refund equals 20 percent of
    the portion of the employee's wages that exceed the federal
20  minimum wage, but the total refund may not exceed $6,000 per
    employee per fiscal year. A business may, however, receive a
21  bonus refund of $70 per month if the employee is covered by
    the business's health insurance plan. A business may claim
22  refunds for no more than five employees, and an individual
    employee may serve as the basis for refunds for no more than
23  24 cumulative months. The committee substitute includes an
    unspecified appropriation from the General Revenue Fund for
24  the payment of refunds during fiscal year 2004-2005.

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