SENATE AMENDMENT
    Bill No. HB 21, 1st Eng.
    Amendment No. ___   Barcode 042216
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11  Senators Pruitt and Carlton moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Subsection (6) is added to section 236.25,
18  Florida Statutes, to read:
19         236.25  District school tax.--
20         (6)  In addition to the maximum millage levied under
21  this section and the General Appropriations Act, a school
22  district may levy, by local referendum or in a general
23  election, additional millage for school operational purposes
24  up to an amount that, when combined with nonvoted millage
25  levied under this section, does not exceed the 10-mill limit
26  established in s. 9(b), Art. VII of the State Constitution.
27  Any such levy shall be for a maximum of 4 years and shall be
28  counted as part of the 10-mill limit established in s. 9(b),
29  Art. VII of the State Constitution. Millage elections
30  conducted under the authority granted pursuant to this section
31  are subject to ss. 236.31 and 236.32. Funds generated by such
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SENATE AMENDMENT Bill No. HB 21, 1st Eng. Amendment No. ___ Barcode 042216 1 additional millage do not become a part of the calculation of 2 the Florida Education Finance Program total potential funds in 3 2001-2002 or any subsequent year and must not be incorporated 4 in the calculation of any hold-harmless or other component of 5 the Florida Education Finance Program formula in any year. If 6 an increase in required local effort, when added to existing 7 millage levied under the 10-mill limit, would result in a 8 combined millage in excess of the 10-mill limit, any millage 9 levied pursuant to this subsection shall be considered to be 10 required local effort to the extent that the district millage 11 would otherwise exceed the 10-mill limit. 12 Section 2. Section 236.31, Florida Statutes, is 13 amended to read: 14 236.31 District millage elections.-- 15 (1) The school board, pursuant to resolution adopted 16 at a regular meeting, shall direct the county commissioners to 17 call an election at which the electors within the school 18 districts may approve an ad valorem tax millage as authorized 19 in s. 9, Art. VII of the State Constitution. Such election may 20 be held at any time, except that not more than one such 21 election shall be held during any 12-month period. Any 22 millage so authorized shall be levied for a period not in 23 excess of 2 years or until changed by another millage 24 election, whichever is the earlier. In the event any such 25 election is invalidated by a court of competent jurisdiction, 26 such invalidated election shall be considered not to have been 27 held. 28 (2) The school board, pursuant to resolution adopted 29 at a regular meeting, shall direct the county commissioners to 30 call an election at which the electors within the school 31 district may approve an ad valorem tax millage as authorized 2 7:54 PM 05/04/01 h0021c-27X01
SENATE AMENDMENT Bill No. HB 21, 1st Eng. Amendment No. ___ Barcode 042216 1 under s. 236.25(6). Such election may be held at any time, 2 except that not more than one such election shall be held 3 during any 12-month period. Any millage so authorized shall be 4 levied for a period not in excess of 4 years or until changed 5 by another millage election, whichever is earlier. If any such 6 election is invalidated by a court of competent jurisdiction, 7 such invalidated election shall be considered not to have been 8 held. 9 Section 3. Section 236.32, Florida Statutes, is 10 amended to read: 11 (Substantial rewording of section. See 12 s. 236.32, F.S., for present text.) 13 236.32 Procedures for holding and conducting school 14 district millage elections.-- 15 (1) HOLDING ELECTIONS.--All school district millage 16 elections shall be held and conducted in the manner prescribed 17 by law for holding general elections, except as provided in 18 this chapter. 19 (2) FORM OF BALLOT.-- 20 (a) The school board may propose a single millage or 21 two millages, with one for operating expenses and another for 22 a local capital improvement reserve fund. When two millage 23 figures are proposed, each millage must be voted on 24 separately. 25 (b) The school board shall provide the wording of the 26 substance of the measure and the ballot title in the 27 resolution calling for the election. The wording of the 28 ballot must conform to the provisions of s. 101.161. 29 (3) QUALIFICATION OF ELECTORS.--All qualified electors 30 of the school district are entitled to vote in the election to 31 set the school tax district millage levy. 3 7:54 PM 05/04/01 h0021c-27X01
SENATE AMENDMENT Bill No. HB 21, 1st Eng. Amendment No. ___ Barcode 042216 1 (4) RESULTS OF ELECTION.--When the school board 2 proposes one tax levy for operating expenses and another for 3 the local capital improvement reserve fund, the results shall 4 be considered separately. The tax levy shall be levied only 5 in case a majority of the electors participating in the 6 election vote in favor of the proposed special millage. 7 (5) EXPENSES OF ELECTION.--The cost of the publication 8 of the notice of the election and all expenses of the election 9 in the school district shall be paid by the school board. 10 Section 4. Effective January 1, 2002, subsection (2) 11 of section 199.185, Florida Statutes, is amended to read: 12 199.185 Property exempted from annual and nonrecurring 13 taxes.-- 14 (2) Every natural person is entitled each year to an 15 exemption of the first $250,000 $20,000 of the value of 16 property otherwise subject to the annual tax. A husband and 17 wife filing jointly shall have an exemption of $500,000 18 $40,000. Every taxpayer that is not a natural person is 19 entitled each year to an exemption of the first $250,000 of 20 the value of property otherwise subject to the tax. Agents 21 and fiduciaries, other than guardians and custodians under a 22 gifts-to-minors act, filing as such may not claim this 23 exemption on behalf of their principals or beneficiaries; 24 however, if the principal or beneficiary returns the property 25 held by the agent or fiduciary and is a natural person, the 26 principal or beneficiary may claim the exemption. No taxpayer 27 shall be entitled to more than one exemption under this 28 subsection. This exemption shall not apply to that intangible 29 personal property described in s. 199.023(1)(d). 30 Section 5. Subsection (9) of section 213.27, Florida 31 Statutes, is repealed. 4 7:54 PM 05/04/01 h0021c-27X01
SENATE AMENDMENT Bill No. HB 21, 1st Eng. Amendment No. ___ Barcode 042216 1 Section 6. Section 213.256, Florida Statutes, is 2 created to read: 3 213.256 Simplified Sales and Use Tax Administration 4 Act.-- 5 (1) As used in this section, the term: 6 (a) "Department" means the Department of Revenue. 7 (b) "Agreement" means the Streamlined Sales and Use 8 Tax Agreement as amended and adopted on January 27, 2001, by 9 the Executive Committee of the National Conference of State 10 Legislatures. 11 (c) "Certified automated system" means software 12 certified jointly by the states that are signatories to the 13 agreement to calculate the tax imposed by each jurisdiction on 14 a transaction, determine the amount of tax to remit to the 15 appropriate state, and maintain a record of the transaction. 16 (d) "Certified service provider" means an agent 17 certified jointly by the states that are signatories to the 18 agreement to perform all of the seller's sales tax functions. 19 (e) "Person" means an individual, trust, estate, 20 fiduciary, partnership, limited liability company, limited 21 liability partnership, corporation, or any other legal entity. 22 (f) "Sales tax" means the tax levied under chapter 23 212. 24 (g) "Seller" means any person making sales, leases, or 25 rentals of personal property or services. 26 (h) "State" means any state of the United States and 27 the District of Columbia. 28 (i) "Use tax" means the tax levied under chapter 212. 29 (2)(a) The executive director of the department shall 30 enter into the Streamlined Sales and Use Tax Agreement with 31 one or more states to simplify and modernize sales and use tax 5 7:54 PM 05/04/01 h0021c-27X01
SENATE AMENDMENT Bill No. HB 21, 1st Eng. Amendment No. ___ Barcode 042216 1 administration in order to substantially reduce the burden of 2 tax compliance for all sellers and for all types of commerce. 3 In furtherance of the agreement, the executive director of the 4 department or his or her designee shall act jointly with other 5 states that are members of the agreement to establish 6 standards for certification of a certified service provider 7 and certified automated system and establish performance 8 standards for multistate sellers. 9 (b) The executive director of the department or his or 10 her designee shall take other actions reasonably required to 11 administer this section. Other actions authorized by this 12 section include, but are not limited to, the adoption of rules 13 and the joint procurement, with other member states, of goods 14 and services in furtherance of the cooperative agreement. 15 (c) The executive director of the department or his or 16 her designee may represent this state before the other states 17 that are signatories to the agreement. 18 (3) The executive director of the department may not 19 enter into the Streamlined Sales and Use Tax Agreement unless 20 the agreement requires each state to abide by the following 21 requirements: 22 (a) The agreement must set restrictions to limit, over 23 time, the number of state tax rates. 24 (b) The agreement must establish uniform standards 25 for: 26 1. The sourcing of transactions to taxing 27 jurisdictions. 28 2. The administration of exempt sales. 29 3. Sales and use tax returns and remittances. 30 (c) The agreement must provide a central electronic 31 registration system that allows a seller to register to 6 7:54 PM 05/04/01 h0021c-27X01
SENATE AMENDMENT Bill No. HB 21, 1st Eng. Amendment No. ___ Barcode 042216 1 collect and remit sales and use taxes for all signatory 2 states. 3 (d) The agreement must provide that registration with 4 the central registration system and the collection of sales 5 and use taxes in the signatory state will not be used as a 6 factor in determining whether the seller has nexus with a 7 state for any tax. 8 (e) The agreement must provide for reduction of the 9 burdens of complying with local sales and use taxes through: 10 1. Restricting variances between the state and local 11 tax bases. 12 2. Requiring states to administer any sales and use 13 taxes levied by local jurisdictions within the state so that 14 sellers who collect and remit these taxes will not have to 15 register or file returns with, remit funds to, or be subject 16 to independent audits from local taxing jurisdictions. 17 3. Restricting the frequency of changes in the local 18 sales and use tax rates and setting effective dates for the 19 application of local jurisdictional boundary changes to local 20 sales and use taxes. 21 4. Providing notice of changes in local sales and use 22 tax rates and of local changes in the boundaries of local 23 taxing jurisdictions. 24 (f) The agreement must outline any monetary allowances 25 that are to be provided by the states to sellers or certified 26 service providers. The agreement must allow for a joint study 27 by the public and private sectors, which must be completed by 28 July 1, 2002, of the compliance cost to sellers and certified 29 service providers of collecting sales and use taxes for state 30 and local governments under various levels of complexity. 31 (g) The agreement must require each state to certify 7 7:54 PM 05/04/01 h0021c-27X01
SENATE AMENDMENT Bill No. HB 21, 1st Eng. Amendment No. ___ Barcode 042216 1 compliance with the terms of the agreement before joining and 2 to maintain compliance, under the laws of the member state, 3 with all provisions of the agreement while a member. 4 (h) The agreement must require each state to adopt a 5 uniform policy for certified service providers which protects 6 the privacy of consumers and maintains the confidentiality of 7 tax information. 8 (i) The agreement must provide for the appointment of 9 an advisory council of private-sector representatives and an 10 advisory council of nonmember state representatives to consult 11 within the administration of the agreement. 12 (4) For the purposes of reviewing or amending the 13 agreement to embody the simplification requirements as set 14 forth in subsection (3), this state shall enter into 15 multistate discussions. For purposes of such discussions, this 16 state shall be represented by three delegates, one appointed 17 by the President of the Senate, one appointed by the Speaker 18 of the House of Representatives, and the executive director of 19 the department or his or her designee. 20 (5) No provision of the agreement authorized by this 21 section in whole or in part invalidates or amends any 22 provision of the laws of this state. Adoption of the agreement 23 by this state does not amend or modify any law of the state. 24 Implementation of any condition of the agreement in this 25 state, whether adopted before, at, or after membership of this 26 state in the agreement, must be by the action of the state. 27 (6) The agreement authorized by this section is an 28 accord among individual cooperating sovereigns in furtherance 29 of their governmental functions. The agreement provides a 30 mechanism among the member states to establish and maintain a 31 cooperative, simplified system for the application and 8 7:54 PM 05/04/01 h0021c-27X01
SENATE AMENDMENT Bill No. HB 21, 1st Eng. Amendment No. ___ Barcode 042216 1 administration of sales and use taxes under the duly adopted 2 law of each member state. 3 (7)(a) The agreement authorized by this act binds and 4 inures only to the benefit of this state and the other member 5 states. No person, other than a member state, is an intended 6 beneficiary of the agreement. Any benefit to a person other 7 than a state is established by the laws of this state and of 8 other member states and not by the terms of the agreement. 9 (b) Consistent with paragraph (a), no person has any 10 cause of action or defense under the agreement or by virtue of 11 this state's approval of the agreement. No person may 12 challenge, in any action brought under any provision of law, 13 any action or inaction by any department, agency, or other 14 instrumentality of this state, or of any political subdivision 15 of this state, on the ground that the action or inaction is 16 inconsistent with the agreement. 17 (c) No law of this state, or the application thereof, 18 may be declared invalid as to any person or circumstance on 19 the ground that the provision or application is inconsistent 20 with the agreement. 21 (8)(a) A certified service provider is the agent of a 22 seller with whom the certified service provider has contracted 23 for the collection and remittance of sales and use taxes. As 24 the seller's agent, the certified service provider is liable 25 for sales and use tax due each member state on all sales 26 transactions it processes for the seller except as set out in 27 this subsection. 28 (b) A seller that contracts with a certified service 29 provider is not liable to the state for sales or use tax due 30 on transactions processed by the certified service provider 31 unless the seller has misrepresented the type of items it 9 7:54 PM 05/04/01 h0021c-27X01
SENATE AMENDMENT Bill No. HB 21, 1st Eng. Amendment No. ___ Barcode 042216 1 sells or has committed fraud. In the absence of probable cause 2 to believe that the seller has committed fraud or made a 3 material misrepresentation, the seller is not subject to audit 4 on the transactions processed by the certified service 5 provider. A seller is subject to audit for transactions that 6 have not been processed by the certified service provider. The 7 member states acting jointly may perform a system check of the 8 seller and review the seller's procedures to determine if the 9 certified service provider's system is functioning properly 10 and to determine the extent to which the seller's transactions 11 are being processed by the certified service provider. 12 (c) A person that provides a certified automated 13 system is responsible for the proper functioning of that 14 system and is liable to the state for underpayments of tax 15 attributable to errors in the functioning of the certified 16 automated system. A seller that uses a certified automated 17 system remains responsible and is liable to the state for 18 reporting and remitting tax. 19 (d) A seller that has a proprietary system for 20 determining the amount of tax due on transactions and has 21 signed an agreement establishing a performance standards for 22 that system is liable for the failure of the system to meet 23 the performance standard. 24 (9) Disclosure of information necessary under this 25 section must be pursuant to a written agreement between the 26 executive director of the department or his or her designee 27 and the certified service provider. The certified service 28 provider is bound by the same requirements of confidentiality 29 as the department. Breach of confidentiality is a misdemeanor 30 of the first degree, punishable as provided in s. 775.082 or 31 s. 775.083. 10 7:54 PM 05/04/01 h0021c-27X01
SENATE AMENDMENT Bill No. HB 21, 1st Eng. Amendment No. ___ Barcode 042216 1 (10) On or before January 1 annually, the department 2 shall provide recommendations to the President of the Senate, 3 the Senate Minority Leader, the Speaker of the House of 4 Representatives, and the Minority Leader of the House of 5 Representatives for provisions to be adopted for inclusion 6 within the system which are necessary to bring it into 7 compliance with the Streamlined Sales and Use Tax Agreement. 8 Section 7. Effective July 1, 2001, notwithstanding 9 section 10 of chapter 90-110, Laws of Florida, subsection (3) 10 of section 215.20, Florida Statutes, shall not expire on 11 October 1, 2001, as scheduled by that law, but subsection (3) 12 of section 215.20, Florida Statutes, is revived and readopted. 13 Section 8. Effective January 1, 2002, and applying to 14 tax years beginning on or after that date, section 220.187, 15 Florida Statutes, is created to read: 16 220.187 Credits for contributions to nonprofit 17 scholarship-funding organizations.-- 18 (1) PURPOSE.--The purpose of this section is to: 19 (a) Encourage private, voluntary contributions to 20 nonprofit scholarship-funding organizations. 21 (b) Expand educational opportunities for children of 22 families that have limited financial resources. 23 (c) Enable children in this state to achieve a greater 24 level of excellence in their education. 25 (2) DEFINITIONS.--As used in this section, the term: 26 (a) "Department" means the Department of Revenue. 27 (b) "Eligible contribution" means a monetary 28 contribution from a taxpayer, subject to the restrictions 29 provided in this section, to an eligible nonprofit 30 scholarship-funding organization. The taxpayer making the 31 contribution may not designate a specific child as the 11 7:54 PM 05/04/01 h0021c-27X01
SENATE AMENDMENT Bill No. HB 21, 1st Eng. Amendment No. ___ Barcode 042216 1 beneficiary of the contribution. The taxpayer may not 2 contribute more than $5 million to any single eligible 3 nonprofit scholarship-funding organization. 4 (c) "Eligible nonpublic school" means a nonpublic 5 school located in Florida that offers an education to students 6 in any grades K-12 and that meets the requirements in 7 subsection (5). 8 (d) "Eligible nonprofit scholarship-funding 9 organization" means a charitable organization that is exempt 10 from federal income tax pursuant to s. 501(c)(3) of the 11 Internal Revenue Code and that complies with the provisions of 12 subsection (4). 13 (e) "Qualified student" means a student who qualifies 14 for free or reduced-price school lunches under the National 15 School Lunch Act and who: 16 1. Was counted as a full-time-equivalent student 17 during the previous state fiscal year for purposes of state 18 per-student funding; or 19 2. Received a scholarship from an eligible nonprofit 20 scholarship-funding organization during the previous school 21 year. 22 (3) AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX 23 CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.-- 24 (a) There is allowed a credit of 100 percent of an 25 eligible contribution against any tax due for a taxable year 26 under this chapter. However, such a credit may not exceed 75 27 percent of the tax due under this chapter for the taxable 28 year, after the application of any other allowable credits by 29 the taxpayer. However, at least 5 percent of the total 30 statewide amount authorized for the tax credit shall be 31 reserved for taxpayers who meet the definition of a small 12 7:54 PM 05/04/01 h0021c-27X01
SENATE AMENDMENT Bill No. HB 21, 1st Eng. Amendment No. ___ Barcode 042216 1 business provided in s. 288.703(1) at the time of application. 2 The credit granted by this section shall be reduced by the 3 difference between the amount of federal corporate income tax 4 taking into account the credit granted by this section and the 5 amount of federal corporate income tax without application of 6 the credit granted by this section. 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: 20 1. Tuition or textbook expenses for, or transportation 21 to, an eligible nonpublic school. At least 75 percent of the 22 scholarship funding must be used to pay tuition expenses; or 23 2. Transportation expenses to a Florida public school 24 that is located outside the district in which the student 25 resides. 26 (b) An eligible nonprofit scholarship-funding 27 organization shall give priority to qualified students who 28 received a scholarship from an eligible nonprofit 29 scholarship-funding organization during the previous school 30 year. 31 (c) The amount of a scholarship provided to any child 13 7:54 PM 05/04/01 h0021c-27X01
SENATE AMENDMENT Bill No. HB 21, 1st Eng. Amendment No. ___ Barcode 042216 1 for any single school year by all eligible nonprofit 2 scholarship-funding organizations from eligible contributions 3 shall not exceed the following annual limits: 4 1. $3,500 for a scholarship awarded to a student 5 enrolled in an eligible nonpublic school. 6 2. $500 for a scholarship awarded to a student 7 enrolled in a Florida public school that is located outside 8 the district in which the student resides. 9 (d) The amount of an eligible contribution which may 10 be accepted by an eligible nonprofit scholarship-funding 11 organization is limited to the amount needed to provide 12 scholarships for qualified students which the organization has 13 identified and for which vacancies in eligible nonpublic 14 schools have been identified. 15 (e) An eligible nonprofit scholarship-funding 16 organization that receives an eligible contribution must spend 17 100 percent of the eligible contribution to provide 18 scholarships in the same state fiscal year in which the 19 contribution was received. No portion of eligible 20 contributions may be used for administrative expenses. All 21 interest accrued from contributions must be used for 22 scholarships. 23 (f) An eligible nonprofit scholarship-funding 24 organization that receives eligible contributions must provide 25 to the Auditor General an annual financial and compliance 26 audit of its accounts and records conducted by an independent 27 certified public accountant and in accordance with rules 28 adopted by the Auditor General. 29 (g) Payment of the scholarship by the eligible 30 nonprofit scholarship-funding organization shall be by 31 individual warrant or check made payable to the student's 14 7:54 PM 05/04/01 h0021c-27X01
SENATE AMENDMENT Bill No. HB 21, 1st Eng. Amendment No. ___ Barcode 042216 1 parent. If the parent chooses for his or her child to attend 2 an eligible nonpublic school, the warrant or check must be 3 mailed by the eligible nonprofit scholarship-funding 4 organization to the nonpublic school of the parent's choice, 5 and the parent shall restrictively endorse the warrant or 6 check to the nonpublic school. An eligible nonprofit 7 scholarship-funding organization shall ensure that, upon 8 receipt of a scholarship warrant or check, the parent to whom 9 the warrant or check is made restrictively endorses the 10 warrant or check to the nonpublic school of the parent's 11 choice for deposit into the account of the nonpublic school. 12 (5) ELIGIBLE NONPUBLIC SCHOOL OBLIGATIONS.--An 13 eligible nonpublic school must: 14 (a) Demonstrate fiscal soundness by being in operation 15 for one school year or provide the Department of Education 16 with a statement by a certified public accountant confirming 17 that the nonpublic school desiring to participate is insured 18 and the owner or owners have sufficient capital or credit to 19 operate the school for the upcoming year serving the number of 20 students anticipated with expected revenues from tuition and 21 other sources that may be reasonably expected. In lieu of such 22 a statement, a surety bond or letter of credit for the amount 23 equal to the scholarship funds for any quarter may be filed 24 with the department. 25 (b) Comply with the antidiscrimination provisions of 26 42 U.S.C. s. 2000d. 27 (c) Meet state and local health and safety laws and 28 codes. 29 (d) Comply with all state laws relating to general 30 regulation of nonpublic schools. 31 (6) ADMINISTRATION; RULES.-- 15 7:54 PM 05/04/01 h0021c-27X01
SENATE AMENDMENT Bill No. HB 21, 1st Eng. Amendment No. ___ Barcode 042216 1 (a) If the credit granted pursuant to this section is 2 not fully used in any one year, the unused amount may not be 3 carried forward. A taxpayer may not convey, assign, or 4 transfer the credit authorized by this section to another 5 entity unless all of the assets of the taxpayer are conveyed, 6 assigned, or transferred in the same transaction. 7 (b) An application for a tax credit pursuant to this 8 section shall be submitted to the department on forms 9 established by rule of the department. 10 (c) The department and the Department of Education 11 shall develop a cooperative agreement to assist in the 12 administration of this section. The Department of Education 13 shall be responsible for annually submitting, by March 15, to 14 the department a list of eligible nonprofit 15 scholarship-funding organizations that meet the requirements 16 of paragraph (2)(d) and for monitoring eligibility of 17 nonprofit scholarship-funding organizations that meet the 18 requirements of paragraph (2)(d), eligibility of nonpublic 19 schools that meet the requirements of paragraph (2)(c), and 20 eligibility of expenditures under this section as provided in 21 subsection (4). 22 (d) The department shall adopt rules necessary to 23 administer this section, including rules establishing 24 application forms and procedures and governing the allocation 25 of tax credits under this section on a first-come, 26 first-served basis. 27 (e) The Department of Education shall adopt rules 28 necessary to determine eligibility of nonprofit 29 scholarship-funding organizations as defined in paragraph 30 (2)(d) and according to the provisions of subsection (4) and 31 identify qualified students as defined in paragraph (2)(e). 16 7:54 PM 05/04/01 h0021c-27X01
SENATE AMENDMENT Bill No. HB 21, 1st Eng. Amendment No. ___ Barcode 042216 1 (7) DEPOSITS OF ELIGIBLE CONTRIBUTIONS.--All eligible 2 contributions received by an eligible nonprofit 3 scholarship-funding organization shall be deposited in a 4 manner consistent with s. 18.10(2). 5 Section 9. Effective January 1, 2002, and applying to 6 tax years beginning on or after that date, subsection (8) of 7 section 220.02, Florida Statutes, is amended to read: 8 220.02 Legislative intent.-- 9 (8) It is the intent of the Legislature that credits 10 against either the corporate income tax or the franchise tax 11 be applied in the following order: those enumerated in s. 12 631.828, those enumerated in s. 220.191, those enumerated in 13 s. 220.181, those enumerated in s. 220.183, those enumerated 14 in s. 220.182, those enumerated in s. 220.1895, those 15 enumerated in s. 221.02, those enumerated in s. 220.184, those 16 enumerated in s. 220.186, those enumerated in s. 220.1845, 17 those enumerated in s. 220.19, and those enumerated in s. 18 220.185, and those enumerated in s. 220.187. 19 Section 10. Effective January 1, 2002, and applying to 20 tax years beginning on or after that date, paragraph (a) of 21 subsection (1) of section 220.13, Florida Statutes, is amended 22 to read: 23 220.13 "Adjusted federal income" defined.-- 24 (1) The term "adjusted federal income" means an amount 25 equal to the taxpayer's taxable income as defined in 26 subsection (2), or such taxable income of more than one 27 taxpayer as provided in s. 220.131, for the taxable year, 28 adjusted as follows: 29 (a) Additions.--There shall be added to such taxable 30 income: 31 1. The amount of any tax upon or measured by income, 17 7:54 PM 05/04/01 h0021c-27X01
SENATE AMENDMENT Bill No. HB 21, 1st Eng. Amendment No. ___ Barcode 042216 1 excluding taxes based on gross receipts or revenues, paid or 2 accrued as a liability to the District of Columbia or any 3 state of the United States which is deductible from gross 4 income in the computation of taxable income for the taxable 5 year. 6 2. The amount of interest which is excluded from 7 taxable income under s. 103(a) of the Internal Revenue Code or 8 any other federal law, less the associated expenses disallowed 9 in the computation of taxable income under s. 265 of the 10 Internal Revenue Code or any other law, excluding 60 percent 11 of any amounts included in alternative minimum taxable income, 12 as defined in s. 55(b)(2) of the Internal Revenue Code, if the 13 taxpayer pays tax under s. 220.11(3). 14 3. In the case of a regulated investment company or 15 real estate investment trust, an amount equal to the excess of 16 the net long-term capital gain for the taxable year over the 17 amount of the capital gain dividends attributable to the 18 taxable year. 19 4. That portion of the wages or salaries 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. 220.181. 22 The provisions of this subparagraph shall expire and be void 23 on June 30, 2005. 24 5. That portion of the ad valorem school taxes paid or 25 incurred for the taxable year which is equal to the amount of 26 the credit allowable for the taxable year under s. 220.182. 27 The provisions of this subparagraph shall expire and be void 28 on June 30, 2005. 29 6. The amount of emergency excise tax paid or accrued 30 as a liability to this state under chapter 221 which tax is 31 deductible from gross income in the computation of taxable 18 7:54 PM 05/04/01 h0021c-27X01
SENATE AMENDMENT Bill No. HB 21, 1st Eng. Amendment No. ___ Barcode 042216 1 income for the taxable year. 2 7. That portion of assessments to fund a guaranty 3 association incurred for the taxable year which is equal to 4 the amount of the credit allowable for the taxable year. 5 8. In the case of a nonprofit corporation which holds 6 a pari-mutuel permit and which is exempt from federal income 7 tax as a farmers' cooperative, an amount equal to the excess 8 of the gross income attributable to the pari-mutuel operations 9 over the attributable expenses for the taxable year. 10 9. The amount taken as a credit for the taxable year 11 under s. 220.1895. 12 10. Up to nine percent of the eligible basis of any 13 designated project which is equal to the credit allowable for 14 the taxable year under s. 220.185. 15 11. The amount taken as a credit for the taxable year 16 under s. 220.187. 17 Section 11. Effective January 1, 2002, and applying to 18 tax years beginning on or after that date, paragraph (u) is 19 added to subsection (7) of section 213.053, Florida Statutes, 20 to read: 21 213.053 Confidentiality and information sharing.-- 22 (7) Notwithstanding any other provision of this 23 section, the department may provide: 24 (u) Information relative to s. 220.187 to the 25 Department of Education in the conduct of its official 26 business. 27 28 Disclosure of information under this subsection shall be 29 pursuant to a written agreement between the executive director 30 and the agency. Such agencies, governmental or 31 nongovernmental, shall be bound by the same requirements of 19 7:54 PM 05/04/01 h0021c-27X01
SENATE AMENDMENT Bill No. HB 21, 1st Eng. Amendment No. ___ Barcode 042216 1 confidentiality as the Department of Revenue. Breach of 2 confidentiality is a misdemeanor of the first degree, 3 punishable as provided by s. 775.082 or s. 775.083. 4 Section 12. (1) The first two payments of estimated 5 tax pursuant to section 200.33, Florida Statutes, shall not be 6 affected by any contribution made pursuant to this act. 7 (2) This section shall take effect January 1, 2002, 8 and apply to tax years beginning on or after that date. 9 Section 13. Except as otherwise expressly provided in 10 this act, this act shall take effect July 1, 2001. 11 12 13 ================ T I T L E A M E N D M E N T =============== 14 And the title is amended as follows: 15 Delete everything before the enacting clause 16 17 and insert: 18 A bill to be entitled 19 An act relating to taxation; amending s. 20 236.25, F.S.; allowing certain school districts 21 to levy, by referendum, additional district 22 school taxes; providing limitations on the uses 23 of the resulting revenues; amending s. 236.31, 24 F.S.; providing for millage elections pursuant 25 to s. 236.25, F.S.; amending s. 236.32, F.S.; 26 revising the procedures for conducting school 27 district millage elections; amending s. 28 199.185, F.S.; increasing exemptions for 29 taxpayers who are natural persons; creating 30 exemptions for taxpayers who are not natural 31 persons; repealing s. 213.27(9), F.S., which 20 7:54 PM 05/04/01 h0021c-27X01
SENATE AMENDMENT Bill No. HB 21, 1st Eng. Amendment No. ___ Barcode 042216 1 authorizes the Department of Revenue to 2 contract with certain vendors to develop and 3 implement a voluntary system for sales and use 4 tax collection and administration; creating s. 5 213.256, F.S., the Simplified Sales and Use Tax 6 Administration Act; defining terms; authorizing 7 the department's participation in the 8 Streamlined Sales and Use Tax Agreement; 9 providing that each state that is a party to 10 the agreement must abide by certain 11 requirements in order for the department to 12 enter into the agreement; ensuring that when 13 this state complies with the agreement, the 14 agreement cannot be used to challenge existing 15 state laws and statutes; providing for the 16 collection and remittance of the sales and use 17 tax under the agreement; providing for 18 maintenance of confidentiality of certain 19 information; providing a penalty; requiring the 20 department to make annual recommendations to 21 the Legislature concerning provisions that need 22 to be adopted in order to bring this state's 23 system into compliance with the Streamlined 24 Sales and Use Tax Agreement; abrogating the 25 expiration of s. 215.20(3), F.S.; relating to 26 service charges against certain trust funds; 27 creating s. 220.187, F.S.; providing purpose; 28 defining terms; providing a credit against the 29 tax for contributions to a nonprofit 30 scholarship-funding organization; providing 31 limitations; providing for use of such 21 7:54 PM 05/04/01 h0021c-27X01
SENATE AMENDMENT Bill No. HB 21, 1st Eng. Amendment No. ___ Barcode 042216 1 contributions by such organizations for 2 scholarships for certain students and providing 3 requirements and limitations with respect 4 thereto; providing for payment; providing 5 requirements for deposit of eligible 6 contributions; providing duties of the 7 Department of Revenue and Department of 8 Education; establishing criteria for nonpublic 9 school eligibility; providing for duties of the 10 Department of Revenue and the Department of 11 Education; providing for rules; amending s. 12 220.02, F.S.; providing order of credits 13 against the tax; amending s. 220.13, F.S.; 14 providing for the inclusion of amounts taken as 15 credit under s. 220.187, F.S., in determining a 16 taxpayer's adjusted federal income; amending s. 17 213.053, F.S.; authorizing information-sharing 18 with the Department of Education; providing 19 effective dates. 20 21 22 23 24 25 26 27 28 29 30 31 22 7:54 PM 05/04/01 h0021c-27X01