CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 1048
Amendment No. ___ Barcode 633794
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senator Dyer moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
15
16 and insert:
17 Section 1. Section 220.187, Florida Statutes, is
18 created to read:
19 220.187 Credits for contributions to district school
20 board direct-support organizations and nonprofit
21 scholarship-funding organizations.--
22 (1) PURPOSE.--The purpose of this section is to:
23 (a) Provide a tax credit for certain contributions to
24 a nonprofit direct-support organization or a
25 scholarship-funding organization.
26 (b) Expand educational opportunities for children of
27 families that have limited financial resources.
28 (c) Enable children in this state to achieve a greater
29 level of excellence in their education.
30 (2) DEFINITIONS.--As used in this section, the term:
31 (a) "Department" means the Department of Revenue.
1
10:03 AM 04/10/01 s1048c1c-14j01
SENATE AMENDMENT
Bill No. CS for SB 1048
Amendment No. ___ Barcode 633794
1 (b) "Eligible contribution" means a monetary
2 contribution from a taxpayer, subject to the restrictions
3 provided in this section, to a district school board
4 direct-support organization or an eligible nonprofit
5 scholarship-funding organization. The taxpayer making the
6 contribution may not designate a specific child or group of
7 children as the beneficiaries of the contribution.
8 (c) "Eligible nonpublic school" means a nonpublic
9 school located in this state which offers an education to
10 students in any grades K-12 and does not discriminate on the
11 basis of race, color, religion, or national origin.
12 (d) "Eligible nonprofit scholarship-funding
13 organization" means a charitable organization that is exempt
14 from federal income tax pursuant to s. 501(c)(3) of the
15 Internal Revenue Code and that complies with the provisions of
16 subsection (4).
17 (e) "Direct-support organization" means a district
18 school board direct-support organization created pursuant to
19 s. 237.40(1)(a).
20 (f) "Qualified student" means a student who qualifies
21 for free or reduced-price school lunches under the National
22 School Lunch Act and who:
23 1. Was counted as a full-time-equivalent student
24 during the previous state fiscal year for purposes of state
25 per-student funding;
26 2. Received a scholarship from an eligible nonprofit
27 scholarship-funding organization during the previous school
28 year; or
29 3. Is eligible to enter kindergarten or first grade.
30 (3) AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX
31 CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.--
2
10:03 AM 04/10/01 s1048c1c-14j01
SENATE AMENDMENT
Bill No. CS for SB 1048
Amendment No. ___ Barcode 633794
1 (a) There is allowed a credit of 100 percent of an
2 eligible contribution against any tax due for a taxable year
3 under this chapter. However, such a credit may not exceed 75
4 percent of the tax due under this chapter for the taxable
5 year, after the application of any other allowable credits by
6 the taxpayer.
7 (b) The total amount of tax credit which may be
8 granted each state fiscal year under this section is $50
9 million.
10 (c) A taxpayer who files a Florida consolidated return
11 as a member of an affiliated group pursuant to s. 220.131(1)
12 may be allowed the credit on a consolidated return basis;
13 however, the total credit taken by the affiliated group is
14 subject to the limitation established under paragraph (a).
15 (4) OBLIGATIONS OF ELIGIBLE NONPROFIT
16 SCHOLARSHIP-FUNDING ORGANIZATIONS.--
17 (a) An eligible nonprofit scholarship-funding
18 organization shall provide scholarships, from eligible
19 contributions, to qualified students for tuition or textbook
20 expenses for, or transportation to, an eligible nonpublic
21 school. At least 75 percent of the scholarship funding must be
22 used to pay tuition expenses.
23 (b) The amount of a scholarship provided by the
24 eligible nonprofit scholarship-funding organization from
25 eligible contributions may not exceed $3,500 annually for a
26 scholarship awarded to a student enrolled in an eligible
27 nonpublic school.
28 (c) The amount of an eligible contribution which may
29 be accepted by an eligible nonprofit scholarship-funding
30 organization is limited to the amount needed to provide
31 scholarships for qualified students which the organization has
3
10:03 AM 04/10/01 s1048c1c-14j01
SENATE AMENDMENT
Bill No. CS for SB 1048
Amendment No. ___ Barcode 633794
1 identified and for which vacancies in eligible nonpublic
2 schools have been identified.
3 (d) An eligible nonprofit scholarship-funding
4 organization that receives an eligible contribution must spend
5 100 percent of the eligible contribution to provide
6 scholarships in the same state fiscal year in which the
7 contribution was received. No portion of eligible
8 contributions may be used for administrative expenses.
9 (e) An eligible nonprofit scholarship-funding
10 organization that receives eligible contributions must be
11 audited annually by an independent certified public accountant
12 in accordance with rules adopted by the Department of
13 Education. The annual audit report must be submitted to the
14 Auditor General and the Department of Education for review.
15 The Auditor General and the Department of Education are each
16 authorized to require and obtain from the eligible nonprofit
17 scholarship-funding organization, or from its certified public
18 accountant, any data regarding the provision of scholarships
19 to qualified students or the uses of eligible contributions.
20 (5) OBLIGATIONS OF DIRECT-SUPPORT
21 ORGANIZATIONS.--Contributions received by a direct-support
22 organization shall be acted upon pursuant to s. 237.40, except
23 that a contributor may designate a particular school or
24 schools as recipients of the contribution.
25 (6) ADMINISTRATION; RULES.--
26 (a) If the credit granted pursuant to this section is
27 not fully used in any one year, the unused amount may not be
28 carried forward. A taxpayer may not convey, assign, or
29 transfer the credit authorized by this section to another
30 entity unless all of the assets of the taxpayer are conveyed,
31 assigned, or transferred in the same transaction.
4
10:03 AM 04/10/01 s1048c1c-14j01
SENATE AMENDMENT
Bill No. CS for SB 1048
Amendment No. ___ Barcode 633794
1 (b) An application for a tax credit pursuant to this
2 section shall be submitted to the department on forms
3 established by rule of the department.
4 (c) The department and the Department of Education
5 shall develop a cooperative agreement to assist in the
6 administration of this section. The Department of Education
7 shall be responsible for annually submitting, by June 15, to
8 the department a list of eligible nonprofit
9 scholarship-funding organizations that meet the requirements
10 of paragraph (2)(d) and for monitoring eligibility of
11 nonprofit scholarship-funding organizations that meet the
12 requirements of paragraph (2)(d), eligibility of nonpublic
13 schools that meet the requirements of paragraph (2)(c), and
14 eligibility of expenditures under this section as provided in
15 subsection (4).
16 (d) The department shall adopt rules necessary to
17 administer this section, including rules establishing
18 application forms and procedures and governing the allocation
19 of tax credits under this section on a first-come,
20 first-served basis.
21 (e) The Department of Education shall adopt rules
22 necessary to determine eligibility of nonprofit
23 scholarship-funding organizations and identify qualified
24 students.
25 Section 2. Subsection (8) of section 220.02, Florida
26 Statutes, is amended to read:
27 220.02 Legislative intent.--
28 (8) It is the intent of the Legislature that credits
29 against either the corporate income tax or the franchise tax
30 be applied in the following order: those enumerated in s.
31 631.828, those enumerated in s. 220.191, those enumerated in
5
10:03 AM 04/10/01 s1048c1c-14j01
SENATE AMENDMENT
Bill No. CS for SB 1048
Amendment No. ___ Barcode 633794
1 s. 220.181, those enumerated in s. 220.183, those enumerated
2 in s. 220.182, those enumerated in s. 220.1895, those
3 enumerated in s. 221.02, those enumerated in s. 220.184, those
4 enumerated in s. 220.186, those enumerated in s. 220.1845,
5 those enumerated in s. 220.19, and those enumerated in s.
6 220.185, and those enumerated in s. 220.187.
7 Section 3. Paragraph (a) of subsection (1) of section
8 220.13, Florida Statutes, is amended to read:
9 220.13 "Adjusted federal income" defined.--
10 (1) The term "adjusted federal income" means an amount
11 equal to the taxpayer's taxable income as defined in
12 subsection (2), or such taxable income of more than one
13 taxpayer as provided in s. 220.131, for the taxable year,
14 adjusted as follows:
15 (a) Additions.--There shall be added to such taxable
16 income:
17 1. The amount of any tax upon or measured by income,
18 excluding taxes based on gross receipts or revenues, paid or
19 accrued as a liability to the District of Columbia or any
20 state of the United States which is deductible from gross
21 income in the computation of taxable income for the taxable
22 year.
23 2. The amount of interest which is excluded from
24 taxable income under s. 103(a) of the Internal Revenue Code or
25 any other federal law, less the associated expenses disallowed
26 in the computation of taxable income under s. 265 of the
27 Internal Revenue Code or any other law, excluding 60 percent
28 of any amounts included in alternative minimum taxable income,
29 as defined in s. 55(b)(2) of the Internal Revenue Code, if the
30 taxpayer pays tax under s. 220.11(3).
31 3. In the case of a regulated investment company or
6
10:03 AM 04/10/01 s1048c1c-14j01
SENATE AMENDMENT
Bill No. CS for SB 1048
Amendment No. ___ Barcode 633794
1 real estate investment trust, an amount equal to the excess of
2 the net long-term capital gain for the taxable year over the
3 amount of the capital gain dividends attributable to the
4 taxable year.
5 4. That portion of the wages or salaries paid or
6 incurred for the taxable year which is equal to the amount of
7 the credit allowable for the taxable year under s. 220.181.
8 The provisions of this subparagraph shall expire and be void
9 on June 30, 2005.
10 5. That portion of the ad valorem school taxes paid or
11 incurred for the taxable year which is equal to the amount of
12 the credit allowable for the taxable year under s. 220.182.
13 The provisions of this subparagraph shall expire and be void
14 on June 30, 2005.
15 6. The amount of emergency excise tax paid or accrued
16 as a liability to this state under chapter 221 which tax is
17 deductible from gross income in the computation of taxable
18 income for the taxable year.
19 7. That portion of assessments to fund a guaranty
20 association incurred for the taxable year which is equal to
21 the amount of the credit allowable for the taxable year.
22 8. In the case of a nonprofit corporation which holds
23 a pari-mutuel permit and which is exempt from federal income
24 tax as a farmers' cooperative, an amount equal to the excess
25 of the gross income attributable to the pari-mutuel operations
26 over the attributable expenses for the taxable year.
27 9. The amount taken as a credit for the taxable year
28 under s. 220.1895.
29 10. Up to nine percent of the eligible basis of any
30 designated project which is equal to the credit allowable for
31 the taxable year under s. 220.185.
7
10:03 AM 04/10/01 s1048c1c-14j01
SENATE AMENDMENT
Bill No. CS for SB 1048
Amendment No. ___ Barcode 633794
1 11. The amount taken as a credit for the taxable year
2 under s. 220.187.
3 Section 4. Paragraph (u) is added to subsection (7) of
4 section 213.053, Florida Statutes, to read:
5 213.053 Confidentiality and information sharing.--
6 (7) Notwithstanding any other provision of this
7 section, the department may provide:
8 (u) Information relative to s. 220.187 to the
9 Department of Education in the conduct of its official
10 business.
11
12 Disclosure of information under this subsection shall be
13 pursuant to a written agreement between the executive director
14 and the agency. Such agencies, governmental or
15 nongovernmental, shall be bound by the same requirements of
16 confidentiality as the Department of Revenue. Breach of
17 confidentiality is a misdemeanor of the first degree,
18 punishable as provided by s. 775.082 or s. 775.083.
19 Section 5. Section 237.40, Florida Statutes, is
20 republished to read:
21 237.40 Direct-support organization; use of property;
22 board of directors; audit.--
23 (1) DEFINITIONS.--For the purposes of this section,
24 the term:
25 (a) "District school board direct-support
26 organization" means an organization which:
27 1. Is approved by the district school board;
28 2. Is a Florida corporation not for profit,
29 incorporated under the provisions of chapter 617 and approved
30 by the Department of State; and
31 3. Is organized and operated exclusively to receive,
8
10:03 AM 04/10/01 s1048c1c-14j01
SENATE AMENDMENT
Bill No. CS for SB 1048
Amendment No. ___ Barcode 633794
1 hold, invest, and administer property and to make expenditures
2 to or for the benefit of public prekindergarten through 12th
3 grade education and adult vocational and community education
4 programs in this state.
5 (b) "Personal services" includes full-time or
6 part-time personnel, as well as payroll processing.
7 (2) USE OF PROPERTY.--A district school board:
8 (a) Is authorized to permit the use of property,
9 facilities, and personal services of the district by a
10 direct-support organization, subject to the provisions of this
11 section.
12 (b) Shall prescribe by rule conditions with which a
13 district school board direct-support organization must comply
14 in order to use property, facilities, or personal services of
15 the district. Promulgation of such rules shall be coordinated
16 with the Department of Education. The rules shall provide for
17 budget and audit review and oversight by the district school
18 board and the department.
19 (c) Shall not permit the use of property, facilities,
20 or personal services of a direct-support organization if such
21 organization does not provide equal employment opportunities
22 to all persons, regardless of race, color, religion, sex, age,
23 or national origin.
24 (3) BOARD OF DIRECTORS.--The board of directors of the
25 district school board direct-support organization shall be
26 approved by the district school board.
27 (4) ANNUAL AUDIT.--The direct-support organization
28 shall make provisions for an annual postaudit of its financial
29 accounts, to be conducted by the district auditor in
30 accordance with rules to be adopted by the Commissioner of
31 Education. The annual audit report shall include a management
9
10:03 AM 04/10/01 s1048c1c-14j01
SENATE AMENDMENT
Bill No. CS for SB 1048
Amendment No. ___ Barcode 633794
1 letter and shall be filed as a public record in the district.
2 The Commissioner of Education and the Auditor General have the
3 authority to require and receive from the organization or the
4 district auditor any detail or supplemental data relative to
5 the operation of the organization. The identity of donors and
6 all information identifying donors and prospective donors are
7 confidential and exempt from the provisions of s. 119.07(1),
8 and that anonymity shall be maintained in the auditor's
9 report. All other records and information are considered
10 public records for the purposes of chapter 119.
11 Section 6. This act shall take effect January 1, 2002,
12 and shall apply to tax years beginning on or after that date.
13
14
15 ================ T I T L E A M E N D M E N T ===============
16 And the title is amended as follows:
17 Delete everything before the enacting clause
18
19 and insert:
20 A bill to be entitled
21 An act relating to corporate income tax;
22 creating s. 220.187, F.S.; providing purpose;
23 defining terms; providing a credit against the
24 tax for contributions to a nonprofit
25 direct-support organization or
26 scholarship-funding organization; providing
27 limitations; providing for use of such
28 contributions for scholarships for certain
29 students and providing requirements and
30 limitations with respect thereto; providing for
31 allocation; providing requirements for
10
10:03 AM 04/10/01 s1048c1c-14j01
SENATE AMENDMENT
Bill No. CS for SB 1048
Amendment No. ___ Barcode 633794
1 direct-support organizations; providing duties
2 of the Department of Revenue and Department of
3 Education; providing for rules; amending s.
4 220.02, F.S.; providing order of credits
5 against the tax; amending s. 220.13, F.S.;
6 providing for the inclusion of amounts taken as
7 credit under s. 220.187, F.S., in determining a
8 taxpayer's adjusted federal income; amending s.
9 213.053, F.S.; authorizing information-sharing
10 with the Department of Education; republishing
11 s. 237.40, F.S., relating to direct-support
12 organizations; providing an effective date.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
11
10:03 AM 04/10/01 s1048c1c-14j01