SENATE AMENDMENT
    Bill No. CS/HB 271, 1st Eng.
    Amendment No. ___   Barcode 463418
                            CHAMBER ACTION
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11  Senator Pruitt 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.  Section 220.187, Florida Statutes, is
18  created to read:
19         220.187  Credits for contributions to nonprofit
20  scholarship-funding organizations.--
21         (1)  PURPOSE.--The purpose of this section is to:
22         (a)  Provide a tax credit for certain contributions to
23  a nonprofit scholarship-funding organization.
24         (b)  Expand educational opportunities for children of
25  families that have limited financial resources.
26         (c)  Enable children in this state to achieve a greater
27  level of excellence in their education.
28         (2)  DEFINITIONS.--As used in this section, the term:
29         (a)  "Department" means the Department of Revenue.
30         (b)  "Eligible contribution" means a monetary
31  contribution from a taxpayer, subject to the restrictions
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SENATE AMENDMENT Bill No. CS/HB 271, 1st Eng. Amendment No. ___ Barcode 463418 1 provided in this section, to an eligible nonprofit 2 scholarship-funding organization. The taxpayer making the 3 contribution may not designate a specific child or group of 4 children as the beneficiaries of the contribution. 5 (c) "Eligible nonpublic school" means a nonpublic 6 school located in Florida that offers an education to students 7 in any grades K-12 and that meets the requirements in 8 subsection (5). 9 (d) "Eligible nonprofit scholarship-funding 10 organization" means a charitable organization that is exempt 11 from federal income tax pursuant to s. 501(c)(3) of the 12 Internal Revenue Code and that complies with the provisions of 13 subsection (4). 14 (e) "Qualified student" means a student who qualifies 15 for free or reduced-price school lunches under the National 16 School Lunch Act and who: 17 1. Was counted as a full-time-equivalent student 18 during the previous state fiscal year for purposes of state 19 per-student funding; 20 2. Received a scholarship from an eligible nonprofit 21 scholarship-funding organization during the previous school 22 year; or 23 3. Is eligible to enter kindergarten or first grade. 24 (3) AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX 25 CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.-- 26 (a) There is allowed a credit of 100 percent of an 27 eligible contribution against any tax due for a taxable year 28 under this chapter. However, such a credit may not exceed 75 29 percent of the tax due under this chapter for the taxable 30 year, after the application of any other allowable credits by 31 the taxpayer. However, 5 percent of the total statewide amount 2 3:47 PM 04/11/01 h0271c1c-2729u
SENATE AMENDMENT Bill No. CS/HB 271, 1st Eng. Amendment No. ___ Barcode 463418 1 authorized for the tax credit shall be reserved for taxpayers 2 who meet the definition of a small business provided in s. 3 288.703(1) at the time of application. 4 (b) The total amount of tax credit which may be 5 granted each state fiscal year under this section is $50 6 million. 7 (c) A taxpayer who files a Florida consolidated return 8 as a member of an affiliated group pursuant to s. 220.131(1) 9 may be allowed the credit on a consolidated return basis; 10 however, the total credit taken by the affiliated group is 11 subject to the limitation established under paragraph (a). 12 (4) OBLIGATIONS OF ELIGIBLE NONPROFIT 13 SCHOLARSHIP-FUNDING ORGANIZATIONS.-- 14 (a) An eligible nonprofit scholarship-funding 15 organization shall provide scholarships, from eligible 16 contributions, to qualified students for tuition or textbook 17 expenses for, or transportation to, an eligible nonpublic 18 school. At least 75 percent of the scholarship funding must be 19 used to pay tuition expenses. 20 (b) An eligible nonprofit scholarship-funding 21 organization shall give priority to qualified students who 22 received a scholarship from an eligible nonprofit 23 scholarship-funding organization during the previous school 24 year. 25 (c) The amount of a scholarship provided by the 26 eligible nonprofit scholarship-funding organization from 27 eligible contributions may not exceed $3,500 annually for a 28 scholarship awarded to a student enrolled in an eligible 29 nonpublic school. 30 (d) The amount of an eligible contribution which may 31 be accepted by an eligible nonprofit scholarship-funding 3 3:47 PM 04/11/01 h0271c1c-2729u
SENATE AMENDMENT Bill No. CS/HB 271, 1st Eng. Amendment No. ___ Barcode 463418 1 organization is limited to the amount needed to provide 2 scholarships for qualified students which the organization has 3 identified and for which vacancies in eligible nonpublic 4 schools have been identified. 5 (e) An eligible nonprofit scholarship-funding 6 organization that receives an eligible contribution must spend 7 100 percent of the eligible contribution to provide 8 scholarships in the same state fiscal year in which the 9 contribution was received. No portion of eligible 10 contributions may be used for administrative expenses. 11 (f) An eligible nonprofit scholarship-funding 12 organization that receives eligible contributions must be 13 audited annually by an independent certified public accountant 14 in accordance with rules adopted by the Department of 15 Education. The annual audit report must be submitted to the 16 Auditor General and the Department of Education for review. 17 The Auditor General and the Department of Education are each 18 authorized to require and obtain from the eligible nonprofit 19 scholarship-funding organization, or from its certified public 20 accountant, any data regarding the provision of scholarships 21 to qualified students or the uses of eligible contributions. 22 (g) Payment of the scholarship by the eligible 23 nonprofit scholarship-funding organization shall be by 24 individual warrant made payable to the student's parent or 25 guardian and mailed by the eligible nonprofit 26 scholarship-funding organization to the nonpublic school of 27 the parent's or guardian's choice, and the parent or guardian 28 shall restrictively endorse the warrant to the nonpublic 29 school. An eligible nonprofit scholarship-funding organization 30 shall ensure that, upon receipt of a scholarship warrant, the 31 parent or guardian to whom the warrant is made restrictively 4 3:47 PM 04/11/01 h0271c1c-2729u
SENATE AMENDMENT Bill No. CS/HB 271, 1st Eng. Amendment No. ___ Barcode 463418 1 endorses the warrant to the nonpublic school of the parent's 2 or guardian's choice for deposit into the account of the 3 nonpublic school. 4 (5) ELIGIBLE NONPUBLIC SCHOOL OBLIGATIONS.--An 5 eligible nonpublic school must: 6 (a) Demonstrate fiscal soundness by being in operation 7 for one school year or provide the Department of Education 8 with a statement by a certified public accountant confirming 9 that the nonpublic school desiring to participate is insured 10 and the owner or owners have sufficient capital or credit to 11 operate the school for the upcoming year serving the number of 12 students anticipated with expected revenues from tuition and 13 other sources that may be reasonably expected. In lieu of such 14 a statement, a surety bond or letter of credit for the amount 15 equal to the scholarship funds for any quarter may be filed 16 with the department. 17 (b) Notify the Department of Education of its intent 18 to participate in the program under this section by May 1 of 19 the school year preceding the school year in which it intends 20 to participate. The notice must specify the grade levels and 21 services that the nonpublic school has available for students 22 who are participating in the scholarship program. 23 (c) Comply with the antidiscrimination provisions of 24 42 U.S.C. s. 2000d. 25 (d) Meet state and local health and safety laws and 26 codes. 27 (e) Be academically accountable to the parent or 28 guardian for meeting the educational needs of the student. 29 (f) Employ or contract with teachers who hold 30 baccalaureate or higher degrees; or have at least 3 years of 31 teaching experience in public or private schools; or have 5 3:47 PM 04/11/01 h0271c1c-2729u
SENATE AMENDMENT Bill No. CS/HB 271, 1st Eng. Amendment No. ___ Barcode 463418 1 special skills, knowledge, or expertise that qualifies them to 2 provide instruction in subjects taught. 3 (g) Comply with all state laws relating to general 4 regulation of nonpublic schools. 5 (h) Adhere to the tenets of its published disciplinary 6 procedures prior to the expulsion of a scholarship student. 7 (6) ADMINISTRATION; RULES.-- 8 (a) If the credit granted pursuant to this section is 9 not fully used in any one year, the unused amount may not be 10 carried forward. A taxpayer may not convey, assign, or 11 transfer the credit authorized by this section to another 12 entity unless all of the assets of the taxpayer are conveyed, 13 assigned, or transferred in the same transaction. 14 (b) An application for a tax credit pursuant to this 15 section shall be submitted to the department on forms 16 established by rule of the department. 17 (c) The department and the Department of Education 18 shall develop a cooperative agreement to assist in the 19 administration of this section. The Department of Education 20 shall be responsible for annually submitting, by March 15, to 21 the department a list of eligible nonprofit 22 scholarship-funding organizations that meet the requirements 23 of paragraph (2)(d) and for monitoring eligibility of 24 nonprofit scholarship-funding organizations that meet the 25 requirements of paragraph (2)(d), eligibility of nonpublic 26 schools that meet the requirements of paragraph (2)(c), and 27 eligibility of expenditures under this section as provided in 28 subsection (4). 29 (d) The department shall adopt rules necessary to 30 administer this section, including rules establishing 31 application forms and procedures and governing the allocation 6 3:47 PM 04/11/01 h0271c1c-2729u
SENATE AMENDMENT Bill No. CS/HB 271, 1st Eng. Amendment No. ___ Barcode 463418 1 of tax credits under this section on a first-come, 2 first-served basis. 3 (e) The Department of Education shall adopt rules 4 necessary to determine eligibility of nonprofit 5 scholarship-funding organizations and identify qualified 6 students. 7 (7) DEPOSITS OF ELIGIBLE CONTRIBUTIONS.--All eligible 8 contributions received by an eligible nonprofit 9 scholarship-funding organization shall be deposited in a 10 manner consistent with s. 18.10(2). 11 Section 2. Subsection (8) of section 220.02, Florida 12 Statutes, is amended to read: 13 220.02 Legislative intent.-- 14 (8) It is the intent of the Legislature that credits 15 against either the corporate income tax or the franchise tax 16 be applied in the following order: those enumerated in s. 17 631.828, those enumerated in s. 220.191, those enumerated in 18 s. 220.181, those enumerated in s. 220.183, those enumerated 19 in s. 220.182, those enumerated in s. 220.1895, those 20 enumerated in s. 221.02, those enumerated in s. 220.184, those 21 enumerated in s. 220.186, those enumerated in s. 220.1845, 22 those enumerated in s. 220.19, and those enumerated in s. 23 220.185, and those enumerated in s. 220.187. 24 Section 3. Paragraph (a) of subsection (1) of section 25 220.13, Florida Statutes, is amended to read: 26 220.13 "Adjusted federal income" defined.-- 27 (1) The term "adjusted federal income" means an amount 28 equal to the taxpayer's taxable income as defined in 29 subsection (2), or such taxable income of more than one 30 taxpayer as provided in s. 220.131, for the taxable year, 31 adjusted as follows: 7 3:47 PM 04/11/01 h0271c1c-2729u
SENATE AMENDMENT Bill No. CS/HB 271, 1st Eng. Amendment No. ___ Barcode 463418 1 (a) Additions.--There shall be added to such taxable 2 income: 3 1. The amount of any tax upon or measured by income, 4 excluding taxes based on gross receipts or revenues, paid or 5 accrued as a liability to the District of Columbia or any 6 state of the United States which is deductible from gross 7 income in the computation of taxable income for the taxable 8 year. 9 2. The amount of interest which is excluded from 10 taxable income under s. 103(a) of the Internal Revenue Code or 11 any other federal law, less the associated expenses disallowed 12 in the computation of taxable income under s. 265 of the 13 Internal Revenue Code or any other law, excluding 60 percent 14 of any amounts included in alternative minimum taxable income, 15 as defined in s. 55(b)(2) of the Internal Revenue Code, if the 16 taxpayer pays tax under s. 220.11(3). 17 3. In the case of a regulated investment company or 18 real estate investment trust, an amount equal to the excess of 19 the net long-term capital gain for the taxable year over the 20 amount of the capital gain dividends attributable to the 21 taxable year. 22 4. That portion of the wages or salaries paid or 23 incurred for the taxable year which is equal to the amount of 24 the credit allowable for the taxable year under s. 220.181. 25 The provisions of this subparagraph shall expire and be void 26 on June 30, 2005. 27 5. That portion of the ad valorem school taxes paid or 28 incurred for the taxable year which is equal to the amount of 29 the credit allowable for the taxable year under s. 220.182. 30 The provisions of this subparagraph shall expire and be void 31 on June 30, 2005. 8 3:47 PM 04/11/01 h0271c1c-2729u
SENATE AMENDMENT Bill No. CS/HB 271, 1st Eng. Amendment No. ___ Barcode 463418 1 6. The amount of emergency excise tax paid or accrued 2 as a liability to this state under chapter 221 which tax is 3 deductible from gross income in the computation of taxable 4 income for the taxable year. 5 7. That portion of assessments to fund a guaranty 6 association incurred for the taxable year which is equal to 7 the amount of the credit allowable for the taxable year. 8 8. In the case of a nonprofit corporation which holds 9 a pari-mutuel permit and which is exempt from federal income 10 tax as a farmers' cooperative, an amount equal to the excess 11 of the gross income attributable to the pari-mutuel operations 12 over the attributable expenses for the taxable year. 13 9. The amount taken as a credit for the taxable year 14 under s. 220.1895. 15 10. Up to nine percent of the eligible basis of any 16 designated project which is equal to the credit allowable for 17 the taxable year under s. 220.185. 18 11. The amount taken as a credit for the taxable year 19 under s. 220.187. 20 Section 4. Paragraph (u) is added to subsection (7) of 21 section 213.053, Florida Statutes, to read: 22 213.053 Confidentiality and information sharing.-- 23 (7) Notwithstanding any other provision of this 24 section, the department may provide: 25 (u) Information relative to s. 220.187 to the 26 Department of Education in the conduct of its official 27 business. 28 29 Disclosure of information under this subsection shall be 30 pursuant to a written agreement between the executive director 31 and the agency. Such agencies, governmental or 9 3:47 PM 04/11/01 h0271c1c-2729u
SENATE AMENDMENT Bill No. CS/HB 271, 1st Eng. Amendment No. ___ Barcode 463418 1 nongovernmental, shall be bound by the same requirements of 2 confidentiality as the Department of Revenue. Breach of 3 confidentiality is a misdemeanor of the first degree, 4 punishable as provided by s. 775.082 or s. 775.083. 5 Section 5. This act shall take effect January 1, 2002, 6 and shall apply to tax years beginning on or after that date. 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 Delete everything before the enacting clause 12 13 and insert: 14 A bill to be entitled 15 An act relating to corporate income tax; 16 creating s. 220.187, F.S.; providing purpose; 17 defining terms; providing a credit against the 18 tax for contributions to a nonprofit 19 scholarship-funding organization; providing 20 limitations; providing for use of such 21 contributions by such organizations for 22 scholarships for certain students and providing 23 requirements and limitations with respect 24 thereto; providing for allocation; providing 25 requirements for deposit of eligible 26 contributions; providing duties of the 27 Department of Revenue and Department of 28 Education; establishing criteria for nonpublic 29 school eligibility; providing for rules; 30 amending s. 220.02, F.S.; providing order of 31 credits against the tax; amending s. 220.13, 10 3:47 PM 04/11/01 h0271c1c-2729u
SENATE AMENDMENT Bill No. CS/HB 271, 1st Eng. Amendment No. ___ Barcode 463418 1 F.S.; providing for the inclusion of amounts 2 taken as credit under s. 220.187, F.S., in 3 determining a taxpayer's adjusted federal 4 income; amending s. 213.053, F.S.; authorizing 5 information-sharing with the Department of 6 Education; providing an effective date. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 11 3:47 PM 04/11/01 h0271c1c-2729u