Florida 2022 2022 Regular Session

Florida House Bill H1447 Analysis / Analysis

Filed 02/03/2022

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h1447.SEC 
DATE: 2/3/2022 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: HB 1447    Apprenticeship Tax Credit 
SPONSOR(S): Giallombardo 
TIED BILLS:   None IDEN./SIM. BILLS:  None 
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Secondary Education & Career Development 
Subcommittee 
 	Sleap Sanchez 
2) Ways & Means Committee    
3) Education & Employment Committee   
SUMMARY ANALYSIS 
In 2020-2021, Florida had 300 registered apprenticeship programs in the state training 15,787 apprentices. To 
date, the Florida Legislature has appropriated $30 million dollars to the Florida Pathways to Career 
Opportunities Grant Program to expand and establish 149 apprenticeship and preapprenticeship programs in 
this state. While Florida provides a competitive grant to fund the establishment or expansion of apprenticeship 
programs in the state, which eligible businesses may receive, the state does not offer businesses an 
apprenticeship tax credit. 
 
To encourage the expansion of apprenticeship programs and make them more attractive to business owners in 
Florida, the bill creates a tax incentive for Florida businesses who employ an apprentice. 
 
The bill provides that for taxable years beginning on or after January 1, 2023, a taxpayer who employs an 
apprentice in an approved apprenticeship program is eligible to receive a tax credit in an amount up to $2,000 
for each apprentice employed in the applicable tax year. The tax credit is equal dollar for dollar the total 
number of hours, up to 2,000 hours, that the apprentice worked in the tax year. 
 
The bill prohibits a taxpayer from claiming the apprentice tax credit for an individual apprentice for more than 
four taxable years, and provides that any unused tax credit by a taxpayer may be carried forward and claimed 
for up to five taxable years. 
 
The bill authorizes the Florida Department of Revenue to adopt rules governing the manner and form of 
applications for the apprentice tax credit and establishing requirements for the administration of the credit. 
 
The bill has an indeterminate but negative recurring fiscal impact, See Fiscal Comments. 
 
The bill has an effective date of July 1, 2022.  
   STORAGE NAME: h1447.SEC 	PAGE: 2 
DATE: 2/3/2022 
  
FULL ANALYSIS 
I. SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSED CHANGES: 
 
Present Situation 
 
Apprenticeship Programs in Florida 
 
An apprenticeship program is an organized course of instruction that is registered and approved by the 
Department of Education (DOE) that addresses all terms and conditions for the qualification, 
recruitment, selection, employment, and training of apprentices.
1
 The length of an apprenticeship 
program varies depending on the occupation’s training requirements and whether the program adopts a 
time-based or competency-based approach.
2
 
 
An apprenticeship may be offered only in occupations that: 
 Are customarily learned in a practical way through a structured, systematic program of on-the-
job, supervised training. 
 Are clearly defined and commonly recognized throughout an industry. 
 Involve manual, mechanical, or technical skills and knowledge, in accordance with the industry 
standards for the occupation, would require a minimum of 2,000 hours of on-the-job training, 
excluding the time spent in related instruction. 
 Require related instruction to supplement on-the-job training. Such instruction may be given in a 
classroom, through occupational or industrial courses or through correspondence courses of 
equivalent value, through electronic media, or through other forms of self-study approved by the 
department.
3
 
Florida’s registered apprenticeship programs require five core components: business involvement; 
structured on-the-job training; related technical instruction; rewards for skill gains; and a national 
recognized credential upon completion.
4
 
 
To be eligible for an apprenticeship, the person must be at least 16 years of age;
5
 however, individuals 
must usually be 18 to be an apprentice in hazardous occupations.
6
 Admission requirements relating to 
education, physical ability, work experience, and other criteria vary based on the program’s training 
needs.
7
  
 
In 2020-2021, the DOE registered 27 new apprenticeship programs, for a total of 300 programs training 
15,787 apprentices.
8
  
 
 
 
Florida Pathways to Career Opportunities Grant Program 
 
                                                
1
 Section 446.021(6), F.S. 
2
 Rule 6A-23.004, F.A.C. 
3
 Section 446.092, F.S. 
4
 Florida Department of Education, Florida’s Annual Apprenticeship and Preaprenticeship Report (2020-2021), at 5-6, available at 
https://www.fldoe.org/core/fileparse.php/9904/urlt/AnnualReport2021.pdf. [hereinafter Florida’s Annual Apprenticeship and 
Preapprenticeship Report] 
5
 Section 446.021(2), F.S. 
6
 United States Department of Labor, Wage and Hour Child Labor Fact Sheets and FAQs, Child Labor Provisions of the Fair Labor 
Standards Act (FLSA) for Nonagricultural Occupations (Dec. 2016), available at 
https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/whdfs43.pdf. 
7
 Florida Department of Education, What is Registered Apprenticeship, https://www.fldoe.org/academics/career-adult-
edu/apprenticeship-programs/what-is-apprenticeship.stml (last visited Feb. 3, 2022). 
8
  Florida’s Annual Apprenticeship and Preaprenticeship Report, supra note 4, at 3.   STORAGE NAME: h1447.SEC 	PAGE: 3 
DATE: 2/3/2022 
  
Subject to appropriation, the Florida Pathways to Career Opportunities Grant Program (FPCOG), 
established in 2019,
9
 provides grants to high schools, career centers, charter technical career centers, 
FCS institutions, and other entities authorized to sponsor apprenticeship or preapprenticeship programs 
for the purpose of expanding existing programs and establishing new apprenticeship or 
preapprenticeship programs.
10
 The Legislature has appropriated $30 million dollars to FPCOG over the 
past three fiscal years, providing funding to expand and establish 149 apprenticeship and 
preapprenticeship programs in Florida. 
 
Fiscal Year FPCOG Appropriation Apprenticeship Programs Funded 
2019-2020 $10 million
11
 	55
12
 
2020-2021 $10 million
13
 	51
14
 
2021-2022 $10 million
15
 	43
16
 
 
Apprenticeship Tax Credits 
 
Apprenticeship programs provide individuals with access to the labor market through on-the-job training 
and technical training while also meeting employer’s needs for a skilled workforce. Apprenticeships can 
be considered cost-prohibitive to businesses, as they often cover the cost of both apprentice training 
and paying the apprentice for their work.
17
 
 
To encourage the expansion of apprenticeship programs and make them more attractive to business 
owners, states offer a variety of incentives. Sixteen states have enacted apprenticeship tax incentives 
for the employment of apprentices or the implementation of apprenticeship programs.
18
 Some states 
offer income tax credits for hiring new apprentices or tax credits for any property or equipment used in 
apprenticeship programs.
19
  
 
Some examples of apprentice tax incentives provided by other states include:
20
 
 Tennessee provides employers who employ an apprentice with a tax credit equal to $2,000 or 
10 percent of the wages earned by the apprentice, whichever is less. 
 South Carolina provides eligible businesses who sponsor a registered apprenticeship program 
with a $1,000 direct tax credit for each registered apprentice employed for at least seven 
months during each year of the apprenticeship for up to four years. 
 Alabama provides an income tax credit of $1,250 to an employer for each qualified apprentice 
of an employer, with an additional $500 for each qualified high school apprentice.  
 
While Florida provides a competitive grant to fund the establishment or expansion of apprenticeship 
programs in the state, which eligible businesses may receive, the state does not offer businesses an 
apprenticeship tax credit. 
 
                                                
9
 Section 33, ch. 2019-119, L.O.F. 
10
 Section 1011.802(1), F.S.  
11
 Specific Appropriation 125A, s. 2, ch. 2019-115, L.O.F. 
12
 Florida Department of Education, Pathways to Career Opportunities Grant Program, Pathways 2019- Phase One and Phase Two 
Funded Projects, https://www.fldoe.org/pathwaysgrant/archive-2019.stml (last visited Feb. 3, 2022). 
13
 Specific Appropriation 127A, s. 2, ch. 2020-115, L.O.F. 
14
 Florida Department of Education, Pathways to Career Opportunities Grant Program, Pathways 2020 Funding List, 
https://www.fldoe.org/pathwaysgrant/archive-2020.stml (last visited Feb. 3, 2022). 
15
 Specific Appropriation 123, s. 2, ch. 2021-36, L.O.F.  
16
 Florida Department of Education, Pathways to Career Opportunities Grant Program, Pathways 2021 Funding List, 
https://www.fldoe.org/pathwaysgrant/ (last visited Feb. 3, 2022). 
17
 National Conference of State Legislatures, State Incentives for Apprenticeships (Nov. 16, 2017), 
https://www.ncsl.org/blog/2017/11/16/state-incentives-for-apprenticeships.aspx (last visited Feb. 3, 2022). 
18
 United States Department of Labor, Apprenticeship.Gov, States that Offer Tax Credit for Hiring Apprentices and Tuition Support 
for Registered Apprentices, https://www.apprenticeship.gov/investments-tax-credits-and-tuition-support/state-tax-credits-and-tuition-
support (last visited Feb. 3, 2022). 
19
 Id.  
20
 Id.   STORAGE NAME: h1447.SEC 	PAGE: 4 
DATE: 2/3/2022 
  
Effect of Proposed Changes 
 
To encourage the expansion of apprenticeship programs and make them more attractive to business 
owners in Florida, the bill creates a tax incentive for Florida businesses who employ an apprentice. 
 
The bill provides that for taxable years beginning on or after January 1, 2023, a taxpayer who employs 
an apprentice in an approved apprenticeship program is eligible to receive a tax credit in an amount up 
to $2,000 for each apprentice employed in the applicable tax year. The tax credit is equal dollar for 
dollar the total number of hours, up to 2,000 hours, that the apprentice worked in the tax year. 
 
The bill prohibits a taxpayer from claiming the apprentice tax credit for an individual apprentice for more 
than four taxable years, and provides that any unused tax credit by a taxpayer may be carried forward 
and claimed for up to five taxable years. 
 
The bill authorizes the Florida Department of Revenue to adopt rules governing the manner and form of 
applications for the apprentice tax credit and establishing requirements for the administration of the 
credit. 
 
 
B. SECTION DIRECTORY: 
 
Section 1.  Creates s. 220.199, F.S.; providing definitions; providing a tax credit to certain taxpayers 
who employ apprentices in specified programs; providing a cap on the amount of tax 
credit per apprentice; specifying the method for calculating the tax credit; prohibiting 
taxpayers from claiming a tax credit for an individual apprentice for more than a specified 
number of years; authorizing tax credits to be carried forward for up to a specified 
number of years; authorizing the Department of Revenue to adopt rules; 
 
Section 2. Provides an effective date of July 1, 2022. 
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
See Fiscal Comments 
 
2. Expenditures: 
None. 
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
With the opportunity to receive a tax credit for employing a Florida apprentice, employers across the 
state may provide new or expanded apprenticeship opportunities for training Florida’s workforce. 
 
D. FISCAL COMMENTS:  STORAGE NAME: h1447.SEC 	PAGE: 5 
DATE: 2/3/2022 
  
The Revenue Estimating Conference has not evaluated the bill for potential revenue impacts. Staff 
estimates that the bill would have an indeterminate negative recurring impact on General Revenue. 
 
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: 
 
 1. Applicability of Municipality/County Mandates Provision: 
None. 
 
 2. Other: 
None. 
 
B. RULE-MAKING AUTHORITY: 
The bill authorizes the Florida Department of Revenue to adopt rules governing the manner and form of 
applications for the apprentice tax credit and establishing requirements for the administration of the 
credit. 
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
None. 
 
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES 
Not applicable.