Senate Bill sb1646c1

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    Florida Senate - 2007                           CS for SB 1646

    By the Committee on Health Policy; and Senators Gaetz, Fasano,
    Aronberg, Bullard, Peaden, Baker, Alexander, Deutch,
    Haridopolos, Wilson, Dockery, Atwater, Lynn and Webster



    587-2264-07

  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         amending s. 220.13, F.S.; including a tax

  6         credit within the definition of the term

  7         "adjusted federal income"; creating s.

  8         220.1875, F.S.; providing a purpose; defining

  9         terms; providing for a corporate income tax

10         credit for contributions for medical care for

11         indigent persons; providing for contributions

12         to the Health Care Clinic Indigent Care Trust

13         Fund for certain purposes; providing

14         requirements, procedures, and limitations;

15         providing an annual aggregate limit for the

16         fund; providing for disbursements from the fund

17         to certain health care clinics; providing

18         requirements and limitations; providing for

19         ineligibility under certain circumstances;

20         providing for administration by a board of

21         directors; providing for appointing board

22         members; providing for terms and expenses;

23         providing powers and duties of the board;

24         requiring the board to report annually to the

25         Governor and Legislature; providing an

26         application; requiring the Department of

27         Revenue to adopt rules; providing a contingent

28         effective date.

29  

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

31  

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    Florida Senate - 2007                           CS for SB 1646
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 1         Section 1.  Subsection (8) of section 220.02, Florida

 2  Statutes, is amended to read:

 3         220.02  Legislative intent.--

 4         (8)  It is the intent of the Legislature that credits

 5  against either the corporate income tax or the franchise tax

 6  be applied in the following order: those enumerated in s.

 7  631.828, those enumerated in s. 220.191, those enumerated in

 8  s. 220.181, those enumerated in s. 220.183, those enumerated

 9  in s. 220.182, those enumerated in s. 220.1895, those

10  enumerated in s. 221.02, those enumerated in s. 220.184, those

11  enumerated in s. 220.186, those enumerated in s. 220.1845,

12  those enumerated in s. 220.19, those enumerated in s. 220.185,

13  those enumerated in s. 220.187, those enumerated in s.

14  220.192, and those enumerated in s. 220.193, and those

15  enumerated in s. 220.1875.

16         Section 2.  Paragraph (a) of subsection (1) of section

17  220.13, Florida Statutes, is amended to read:

18         220.13  "Adjusted federal income" defined.--

19         (1)  The term "adjusted federal income" means an amount

20  equal to the taxpayer's taxable income as defined in

21  subsection (2), or such taxable income of more than one

22  taxpayer as provided in s. 220.131, for the taxable year,

23  adjusted as follows:

24         (a)  Additions.--There shall be added to such taxable

25  income:

26         1.  The amount of any tax upon or measured by income,

27  excluding taxes based on gross receipts or revenues, paid or

28  accrued as a liability to the District of Columbia or any

29  state of the United States which is deductible from gross

30  income in the computation of taxable income for the taxable

31  year.

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    Florida Senate - 2007                           CS for SB 1646
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 1         2.  The amount of interest which is excluded from

 2  taxable income under s. 103(a) of the Internal Revenue Code or

 3  any other federal law, less the associated expenses disallowed

 4  in the computation of taxable income under s. 265 of the

 5  Internal Revenue Code or any other law, excluding 60 percent

 6  of any amounts included in alternative minimum taxable income,

 7  as defined in s. 55(b)(2) of the Internal Revenue Code, if the

 8  taxpayer pays tax under s. 220.11(3).

 9         3.  In the case of a regulated investment company or

10  real estate investment trust, an amount equal to the excess of

11  the net long-term capital gain for the taxable year over the

12  amount of the capital gain dividends attributable to the

13  taxable year.

14         4.  That portion of the wages or salaries paid or

15  incurred for the taxable year which is equal to the amount of

16  the credit allowable for the taxable year under s. 220.181.

17  This subparagraph shall expire on the date specified in s.

18  290.016 for the expiration of the Florida Enterprise Zone Act.

19         5.  That portion of the ad valorem school taxes paid or

20  incurred for the taxable year which is equal to the amount of

21  the credit allowable for the taxable year under s. 220.182.

22  This subparagraph shall expire on the date specified in s.

23  290.016 for the expiration of the Florida Enterprise Zone Act.

24         6.  The amount of emergency excise tax paid or accrued

25  as a liability to this state under chapter 221 which tax is

26  deductible from gross income in the computation of taxable

27  income for the taxable year.

28         7.  That portion of assessments to fund a guaranty

29  association incurred for the taxable year which is equal to

30  the amount of the credit allowable for the taxable year.

31  

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    Florida Senate - 2007                           CS for SB 1646
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 1         8.  In the case of a nonprofit corporation which holds

 2  a pari-mutuel permit and which is exempt from federal income

 3  tax as a farmers' cooperative, an amount equal to the excess

 4  of the gross income attributable to the pari-mutuel operations

 5  over the attributable expenses for the taxable year.

 6         9.  The amount taken as a credit for the taxable year

 7  under s. 220.1895.

 8         10.  Up to nine percent of the eligible basis of any

 9  designated project which is equal to the credit allowable for

10  the taxable year under s. 220.185.

11         11.  The amount taken as a credit for the taxable year

12  under s. 220.187.

13         12.  The amount taken as a credit for the taxable year

14  under s. 220.192.

15         13.  The amount taken as a credit for the taxable year

16  under s. 220.193.

17         14.  The amount taken as a credit for the taxable year

18  under s. 220.1875.

19         Section 3.  Section 220.1875, Florida Statutes, is

20  created to read:

21         220.1875  Credits for contributions to health care

22  clinics for medical care for indigent persons.--

23         (1)  PURPOSE.--The purpose of this section is to permit

24  corporations a credit against corporate income taxes by making

25  contributions to a fund that distributes grants to eligible

26  health care clinics so that the clinics can provide medical

27  care for indigent persons and to provide fiscal relief to

28  eligible health care clinics that provide a disproportionate

29  share of medical care to indigent persons.

30         (2)  DEFINITIONS.--For purposes of this section, the

31  term:

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    Florida Senate - 2007                           CS for SB 1646
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 1         (a)  "Board" means the board of directors of the fund.

 2         (b)  "Charity care" means medical care provided to a

 3  person who has insufficient resources or assets to pay for

 4  medical care without using resources that are required to meet

 5  the person's basic need for food, shelter, and clothing. A

 6  person is not eligible for charity care if the person's family

 7  income, for the 12 months preceding the determination of his

 8  or her financial status by the health care clinic, exceeds 200

 9  percent of the federal poverty guidelines.

10         (c)  "Department" means the Department of Revenue.

11         (d)  "Eligible health care clinic" means a charitable

12  organization that is:

13         1.  A federally qualified health center, as defined in

14  42 U.S.C. s. 1395x(aa)(4), or a federally qualified health

15  center "look-alike";

16         2.  An entity that is exempt from the federal income

17  tax under s. 501(c)(3) of the Internal Revenue Code and that:

18         a.  Provides health care services in a community clinic

19  that is not owned or affiliated with a hospital licensed under

20  chapter 395;

21         b.  In the most recently completed calendar year,

22  provided charity care in an aggregate amount equal to 50

23  percent of its total revenues derived from providing health

24  care services or that received at least 50 percent of its

25  patient visits from charity care patients;

26         c.  Maintains a patient financial responsibility policy

27  under which the patient's charity care status is confirmed;

28  and

29         d.  Provides information establishing that the

30  applicant maintains a quality assurance and improvement

31  

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    Florida Senate - 2007                           CS for SB 1646
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 1  process that includes an annual review establishing that

 2  evidence-based medical practices are used; or

 3         3.  A county health department located in a county

 4  having a total population of fewer than 300,000 persons.

 5         (e)  "Fiscal year" means the state fiscal year.

 6         (f)  "Fund" means the Health Care Clinic Indigent Care

 7  Trust Fund created in s. 220.1876.

 8         (3)  CONTRIBUTIONS TO THE FUND; TAX CREDIT.--

 9         (a)  A corporate taxpayer may make contributions to the

10  fund at any time by submitting the contribution to the

11  department for deposit into the fund, thereby becoming

12  eligible for credits against the corporation's state corporate

13  income tax liabilities as provided in paragraph (b). The

14  department shall account for the contributions by each

15  corporate taxpayer and may require the filing of a certificate

16  of contribution that the corporate taxpayer must submit with

17  its corporate income tax return when claiming credit for

18  contributions.

19         (b)  A credit of 100 percent of an eligible

20  contribution is allowed against any tax due for a taxable year

21  under this chapter. However, the credit may not exceed 75

22  percent of the tax due under this chapter for the taxable

23  year, after the application of any other allowable credits by

24  the taxpayer.

25         (c)  If the credit granted under this section is not

26  fully used in a single year because of insufficient tax

27  liability on the part of the corporation, the unused amount

28  may be carried forward for a period not to exceed 3 years.

29         (d)  A taxpayer who files a consolidated return under

30  s. 220.131(1) as a member of an affiliated group may be

31  allowed the credit on a consolidated return basis; however,

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    Florida Senate - 2007                           CS for SB 1646
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 1  the total credit taken by the affiliated group is subject to

 2  the limitation set forth in paragraph (b).

 3         (4)  FUND AGGREGATE LIMIT.--The fund is subject to an

 4  annual aggregate limit of $50 million. Contributions by

 5  corporate taxpayers to the fund shall be accepted in the order

 6  in which received until the annual limit is reached.

 7         (5)  DISBURSEMENTS.--

 8         (a)  An eligible health care clinic may apply to the

 9  board for approval of disbursement of moneys from the fund for

10  operations, personnel, and capital improvements. Such

11  applications must be accepted by the board semiannually on

12  June 1 and December 1 of each calendar year.

13         (b)  The board shall approve qualified applications and

14  request the department to make disbursements to eligible

15  health care clinics to the extent funds are available. The

16  board shall determine disbursements on the basis of need, the

17  date of the disbursement request, and the applicant's ability

18  to obtain alternative funding. The board shall approve

19  disbursements to applicants who provide a system of care for

20  the uninsured or underinsured in the community served by the

21  applicant. The board shall ensure that funds are distributed

22  on a geographically equitable basis throughout the state. The

23  board shall meet bimonthly basis for this purpose or may meet

24  via teleconference if meeting in person is impracticable. If

25  the board approves a disbursement to a qualified applicant,

26  the board shall transmit a disbursement request to the

27  department, which shall distribute the requested amount from

28  the fund to the applicant approved for disbursement by the

29  board. A single eligible health care clinic may not receive

30  more than $2.5 million in total assistance from the fund in a

31  given fiscal year. Applications received at the end of the

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    Florida Senate - 2007                           CS for SB 1646
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 1  fiscal year shall be carried over and determined in the next

 2  fiscal year.

 3         (c)  An eligible health care clinic that is owned or

 4  operated in any manner in affiliation with a corporate

 5  taxpayer eligible for a tax credit as provided in this section

 6  is not eligible to receive any disbursements from the fund.

 7         (6)  BOARD MEMBERS AND APPOINTMENT; POWERS AND

 8  DUTIES.--

 9         (a)  The board shall consist of nine members. Three

10  members shall be appointed by the Governor, three members

11  shall be appointed by the President of the Senate, and three

12  members shall be appointed by the Speaker of the House of

13  Representatives. Each member must have relevant experience in

14  the delivery of health care to indigent persons. Board members

15  shall elect a chair at the first organizational meeting and

16  shall elect a new chair annually. A board member may be

17  reelected as chair at the discretion of the board.

18         (b)  The term of a board member shall be 2 years, but

19  the member may serve a second consecutive term if reappointed.

20  For initial appointees, three members shall be appointed for

21  1-year terms, three members shall be appointed for 2-year

22  terms, and three members shall be appointed for 3-year terms.

23  Each of the appointing officials shall designate members for

24  1-year, 2-year, or 3-year terms. Members appointed to an

25  initial 3-year term are eligible for a second 2-year term if

26  reappointed.

27         (c)  Board members shall serve without compensation,

28  but are entitled to receive reimbursement for per diem and

29  travel expenses in accordance with s. 112.061, while in the

30  performance of their duties.

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    Florida Senate - 2007                           CS for SB 1646
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 1         (d)  The board may hire an executive director and other

 2  personnel, whose salaries shall be paid from the fund.

 3         (e)  A board member may not have an ownership interest

 4  in a health care clinic or be a member of the board of

 5  directors or an officer of a health care clinic.

 6         (f)  The board shall receive and evaluate applications

 7  from eligible health care clinics for the disbursement of

 8  moneys from the fund as provided by this section.

 9         (g)  By December 31, 2008, the board shall submit a

10  report to the Governor and the Legislature describing the

11  implementation of this section. Thereafter, the board shall

12  provide to the Governor and Legislature an annual report

13  summarizing the following:

14         1.  The total annual contributions to the fund.

15         2.  The annual disbursement of funds to eligible health

16  care clinics, identifying each clinic and the amount disbursed

17  to the clinic.

18         (7)  RULEMAKING.--The department shall adopt rules

19  pursuant to ss. 120.536(1) and 120.54 which are necessary to

20  administer this section, including, but not limited to, rules

21  establishing application forms and procedures for

22  contributions by corporate taxpayers to the fund, granting the

23  tax credit, and approving applications for disbursements from

24  the fund.

25         Section 4.  This act shall take effect July 1, 2007,

26  and apply to tax years beginning on or after January 1, 2008,

27  only if SB 1654 or similar legislation is adopted in the same

28  legislative session or an extension thereof and becomes law.

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    Florida Senate - 2007                           CS for SB 1646
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1646

 3                                 

 4  The committee substitute adds the amount taken as a credit for
    the taxable year under s. 220.1875, F.S., as an addition for
 5  purposes of the corporate taxpayer's adjusted federal income.
    The committee substitute changes the definitions for charity
 6  care and eligible health care clinic and defines fiscal year.
    A person is not eligible for charity care if the person's
 7  family income, for the 12 months preceding the determination,
    exceeds 200 percent of the federal poverty guidelines. The
 8  exemption for health care charges exceeding 25 percent of
    family income is deleted. Not-for-profit health care clinics
 9  meeting certain criteria and county health departments in
    counties with fewer than 300,000 persons, that may not be
10  federally qualified health care centers are added to the list
    of eligible health care clinics.
11  
    The committee substitute allows the department to require a
12  certificate of contribution to be filed. It deletes the
    requirement for the department to hold contributions in an
13  escrow account on days when the fund is at its limit. The
    committee substitute deletes the first-come, first-served
14  requirement and gives the board criteria for deciding how the
    funds will be disbursed. An eligible health care clinic that
15  is owned or operated or affiliated with a corporate tax payer
    receiving benefits under this section is not eligible to
16  receive disbursements. The first annual report will be
    submitted by December 31, 2008.
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