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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Title XIV
TAXATION AND FINANCE
Chapter 220
INCOME TAX CODE
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F.S. 220.198
1220.198 Experiential learning tax credit program.
(1) This section may be cited as the “Florida Experiential Learning Tax Credit Program.”
(2) As used in this section, the term:
(a) “Apprentice” has the same meaning as in s. 446.021(2).
(b) “Full time” means at least 30 hours per week.
(c) “Preapprentice” has the same meaning as in s. 446.021(1).
(d) “Qualified business” means a business that is in existence and has been continuously operating for at least 3 years.
(e) “Student intern” means a person who has completed at least 60 credit hours at a state university or 15 credit hours at a Florida College System institution, regardless of whether the student intern receives course credit for the internship; a person who is enrolled in a career center operated by a school district under s. 1001.44 or a charter technical career center; or any graduate student enrolled at a state university.
(3) For taxable years beginning on or after January 1, 2022, a qualified business is eligible for a credit against the tax imposed by this chapter in the amount of $2,000 per apprentice, preapprentice, or student intern if all of the following apply:
(a) The qualified business employed at least one apprentice, preapprentice, or student intern in an apprenticeship, preapprenticeship, or internship in which the student intern worked full time in this state for at least 9 consecutive weeks, or the apprentice or preapprentice worked in this state for at least 500 hours, and the qualified business provides the department documentation evidencing each apprenticeship, preapprenticeship, or internship claimed. The department may require the taxpayer to provide the taxpayer’s Registered Apprenticeship Partners Information Data System program identification number and other necessary information, which the department may verify with the Department of Education.
(b) The qualified business provides the department documentation for the current taxable year showing that at least 20 percent of the business’ full-time employees were previously employed by that business as apprentices, preapprentices, or student interns.
(c) Each apprentice, preapprentice, or student intern provides the qualified business with verification by the apprentice’s, preapprentice’s, or student intern’s state university, Florida College System institution, career center operated by a school district under s. 1001.44, charter technical career center, or provider of related technical instruction that the apprentice, preapprentice, or student intern is enrolled and maintains a minimum grade point average of 2.0 on a 4.0 scale, if applicable. The qualified business may accept a letter from the applicable educational institution or provider of related technical instruction stating that the apprentice, preapprentice, or student intern is enrolled as evidence that the apprentice, preapprentice, or student intern meets these requirements.
(4) Notwithstanding paragraph (3)(b), a qualified business that, on average for the 3 immediately preceding years, employed 10 or fewer full-time employees may receive the tax credit if it provides documentation that it previously hired at least one apprentice, preapprentice, or student intern and, for the current taxable year, that it employs on a full-time basis at least one employee who was previously employed by that qualified business as an apprentice, preapprentice, or student intern.
(5)(a) A qualified business, including all subsidiaries, may not claim a tax credit of more than $10,000 in any one taxable year.
(b) The combined total amount of tax credits which may be granted to qualified businesses under this section is $2.5 million in each of state fiscal years 2021-2022, 2022-2023, 2023-2024, and 2024-2025. The department must approve the tax credit prior to the taxpayer taking the credit on a return. The department must approve credits on a first-come, first-served basis.
(6) The department may adopt rules, including emergency rules pursuant to s. 120.54(4), governing the manner and form of applications for the tax credit and establishing qualification requirements for the tax credit. All conditions are deemed met for the adoption of emergency rules pursuant to s. 120.54(4).
(7) A qualified business may carry forward any unused portion of a tax credit under this section for up to 2 taxable years.
History.s. 34, ch. 2021-31; s. 4, ch. 2023-81.
1Note.Section 51, ch. 2021-31, provides that:

“(1) The Department of Revenue is authorized, and all conditions are deemed met, to adopt emergency rules pursuant to s. 120.54(4), Florida Statutes, for the purpose of implementing:

“(a) The amendment made by this act to s. 212.06, Florida Statutes;

“(b) The provisions related to the Strong Families Tax Credit created by this act; and

“(c) The provisions related to the Florida Internship Tax Credit Program created by this act.

“(2) Notwithstanding any other law, emergency rules adopted pursuant to subsection (1) are effective for 6 months after adoption and may be renewed during the pendency of procedures to adopt permanent rules addressing the subject of the emergency rules.

“(3) This section shall take effect upon this act becoming a law and expires January 1, 2025.”