Senate Bill sb1646
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1646
By Senator Gaetz
4-1120-07 See HB 203
1 A bill to be entitled
2 An act relating to the corporate income tax;
3 amending s. 220.02, F.S.; revising the list of
4 application of corporate income tax credits;
5 creating s. 220.1875, F.S.; providing a
6 purpose; providing definitions; providing for a
7 corporate income tax credit for contributions
8 for medical care for indigent persons;
9 providing for contributions to the Health Care
10 Clinic Indigent Care Trust Fund for certain
11 purposes; providing requirements, procedures,
12 and limitations; providing an aggregate limit
13 for the fund; providing for disbursements from
14 the fund to certain health care clinics;
15 providing requirements and limitations;
16 requiring the Department of Revenue to adopt
17 rules; providing for administration by a board
18 of directors; providing for appointing board
19 members; providing for terms and expenses;
20 providing powers and duties of the board;
21 requiring the board to report annually to the
22 Governor; providing a contingent effective
23 date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Subsection (8) of section 220.02, Florida
28 Statutes, is amended to read:
29 220.02 Legislative intent.--
30 (8) It is the intent of the Legislature that credits
31 against either the corporate income tax or the franchise tax
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1646
4-1120-07 See HB 203
1 be applied in the following order: those enumerated in s.
2 631.828, those enumerated in s. 220.191, those enumerated in
3 s. 220.181, those enumerated in s. 220.183, those enumerated
4 in s. 220.182, those enumerated in s. 220.1895, those
5 enumerated in s. 221.02, those enumerated in s. 220.184, those
6 enumerated in s. 220.186, those enumerated in s. 220.1845,
7 those enumerated in s. 220.19, those enumerated in s. 220.185,
8 those enumerated in s. 220.187, those enumerated in s.
9 220.192, and those enumerated in s. 220.193, and those
10 enumerated in s. 220.1875.
11 Section 2. Section 220.1875, Florida Statutes, is
12 created to read:
13 220.1875 Credits for contributions for medical care
14 for indigent persons.--
15 (1) PURPOSE.--The purpose of this section is to
16 provide corporate taxpayers a credit against corporate income
17 taxes for contributions for qualifying health care clinics to
18 provide medical care for indigent persons and to provide
19 relief to qualifying health care clinics who provide a
20 disproportionate share of medical care for indigent persons.
21 (2) DEFINITIONS.--For purposes of this section:
22 (a) "Board" means the board of directors of the fund.
23 (b) "Department" means the Department of Revenue.
24 (c) "Fund" means the Health Care Clinic Indigent Care
25 Trust Fund created in s. 220.1876.
26 (d) "Health care clinic" means a clinic as defined in
27 s. 400.9905 or a Federal Qualified Health Center as defined in
28 42 U.S.C. s. 1395x.
29 (e) "Charity care" means medical care provided to a
30 person who has insufficient resources or assets to pay for
31 such care without using resources that are required to meet
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1646
4-1120-07 See HB 203
1 the person's basic need for food, shelter, and clothing. A
2 person may not be considered eligible for charity care if the
3 person's family income, for the 12 months preceding the
4 determination of his or her financial status by the health
5 care clinic, exceeds 150 percent of the federal poverty
6 guidelines, unless the amount of health care charges due from
7 the person exceeds 25 percent of annual family income.
8 However, in no case shall medical care provided by a health
9 care clinic be considered charity care when provided for a
10 person whose family income exceeds four times the federal
11 poverty level for a family of four.
12 (3) CONTRIBUTIONS TO THE FUND; TAX CREDIT.--
13 (a) A corporate taxpayer may make contributions to the
14 fund at any time by submitting the contribution to the
15 department for deposit into the fund, thereby becoming
16 eligible for credits against the corporation's state corporate
17 income tax liabilities as provided in paragraph (b). The
18 department shall account for such contributions by each
19 corporate taxpayer and may require the filing of an approved
20 form together with the contribution for that purpose.
21 (b) A credit of 100 percent of an eligible
22 contribution is allowed against any tax due for a taxable year
23 under this chapter. However, such a credit may not exceed 75
24 percent of the tax due under this chapter for the taxable
25 year, after the application of any other allowable credits by
26 the taxpayer.
27 (c) If the credit granted pursuant to this section is
28 not fully used in any single year because of insufficient tax
29 liability on the part of the corporation, the unused amount
30 may be carried forward for a period not to exceed 3 years.
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1646
4-1120-07 See HB 203
1 (d) A taxpayer who files a consolidated return
2 pursuant to s. 220.131(1) as a member of an affiliated group
3 may be allowed the credit on a consolidated return basis;
4 however, the total credit taken by the affiliated group is
5 subject to the limitation established under paragraph (b).
6 (4) FUND AGGREGATE LIMIT.--The fund shall be subject
7 to an aggregate limit of $50 million. Contributions by
8 corporate taxpayers to the fund shall be accepted in the order
9 in which received. If, on any day, a submitted contribution
10 would cause the fund to exceed its aggregate limit, the
11 department shall advise the taxpayer submitting the
12 contribution and the taxpayer may elect to have the
13 contribution returned or for the department to hold the
14 contribution in a separate special interest-earning escrow
15 account until such time as disbursements from the fund allow
16 for deposit of the full amount of the contribution into the
17 fund. The credit may be taken only after the contribution is
18 deposited into the fund.
19 (5) DISBURSEMENTS.--
20 (a) A qualifying health care clinic may apply to the
21 board for disbursement of moneys from the fund for operations,
22 personnel, and capital improvements. A qualifying health care
23 clinic is:
24 1. An entity that is licensed under part X of chapter
25 400; or
26 2. A federally qualified health center
27
28 that has provided charity care in an aggregate amount equal to
29 50 percent of its total gross revenue in the 12 months
30 preceding the application and maintains a patient financial
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1646
4-1120-07 See HB 203
1 responsibility policy under which a patient's charity care
2 status is confirmed.
3 (b) The board shall approve qualified applications and
4 order disbursements to qualifying health care clinics on a
5 first-come, first-served basis, to the extent of funds
6 available. The board shall meet on a bimonthly basis for this
7 purpose or may teleconference if meeting in person is
8 impracticable. No single health care clinic may receive more
9 than $2.5 million in total assistance from the fund in a given
10 fiscal year. Applications received at the end of the fiscal
11 year shall be carried over and determined in the next fiscal
12 year.
13 (6) RULEMAKING.--The department, in conjunction with
14 the board, shall adopt rules pursuant to ss. 120.536(1) and
15 120.54 necessary to administer this section, including, but
16 not limited to, rules establishing application forms and
17 procedures for contributions by corporate taxpayers to the
18 fund, granting the tax credit, and approving applications for
19 disbursements from the fund.
20 (7) BOARD MEMBERS AND APPOINTMENT; POWERS AND
21 DUTIES.--
22 (a) The board shall be comprised of nine individuals,
23 three appointed by the Governor, three appointed by the
24 President of the Senate, and three appointed by the Speaker of
25 the House of Representatives, each with relevant experience in
26 the delivery of health care to indigent persons. Board members
27 shall elect a chair at the first organizational meeting and
28 shall elect a new chair annually. However, a board member may
29 be reelected as chair if the board so determines. Board
30 members shall serve without compensation but may be reimbursed
31 from the fund for travel-related expenses incurred in meetings
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1646
4-1120-07 See HB 203
1 to consider applications from health care clinics. The board
2 may hire an executive director and administrative staff, whose
3 salaries shall be paid from the fund. A board member may not
4 have an ownership interest in a health care clinic or be a
5 member of the board of directors or an officer of a health
6 care clinic. The term of a board member shall be 2 years, but
7 a board member may serve a second consecutive term if
8 reappointed. With regard to the initial appointees, of each of
9 the three members appointed by the Governor, the President of
10 the Senate, and the Speaker of the House of Representatives,
11 one shall be appointed for a 1-year term, one shall be
12 appointed for a 2-year term, and one shall be appointed for a
13 3-year term. Members appointed to an initial 3-year term may
14 serve a second 2-year term if reappointed.
15 (b) The board, with administrative assistance by the
16 department, shall receive and evaluate applications from
17 qualifying health care clinics for the disbursement of moneys
18 from the fund as provided by this section.
19 (c) By February 1, 2008, the board shall provide the
20 Governor with an initial report concerning the implementation
21 of this section. Thereafter, the board shall provide the
22 Governor with an annual report summarizing the following:
23 1. The total annual contributions to the fund.
24 2. Annual disbursement of funds to qualifying health
25 care clinics, identifying each clinic and the amount disbursed
26 to the clinic.
27 Section 3. This act shall take effect July 1, 2007,
28 only if SB ____ or similar legislation is adopted in the same
29 legislative session or an extension thereof and becomes law.
30
31
6
CODING: Words stricken are deletions; words underlined are additions.