House Bill hb0271

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    Florida House of Representatives - 2001                 HB 271

        By Representatives Negron, Melvin and Diaz de la Portilla






  1                      A bill to be entitled

  2         An act relating to corporate income tax;

  3         creating s. 220.187, F.S.; providing purpose;

  4         providing definitions; providing a credit

  5         against said tax for contributions to a

  6         nonprofit scholarship funding organization;

  7         providing limitations; providing for use of

  8         such contributions by such organizations for

  9         scholarships for certain children and providing

10         requirements and limitations with respect

11         thereto; providing for annual funding through

12         the General Appropriations Act; providing for

13         allocation; providing duties of the Department

14         of Revenue and Department of Education;

15         providing for rules; amending s. 220.02, F.S.;

16         providing order of credits against the tax;

17         amending s. 220.13, F.S.; providing for the

18         inclusion of amounts taken as credit under s.

19         220.187, F.S., in determining a taxpayer's

20         adjusted federal income; providing an effective

21         date.

22

23  Be It Enacted by the Legislature of the State of Florida:

24

25         Section 1.  Section 220.187, Florida Statutes, is

26  created to read:

27         220.187  Credits for contributions to nonprofit

28  scholarship funding organizations.--

29         (1)  PURPOSE.--The purpose of this section is to:

30         (a)  Provide a tax credit for certain contributions to

31  a nonprofit scholarship funding organization.

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  1         (b)  Expand educational opportunities for children of

  2  families that have limited financial resources.

  3         (c)  Enable children in this state to achieve a greater

  4  level of excellence in their education.

  5         (2)  DEFINITIONS.--As used in this section:

  6         (a)  "Eligible contribution" means a monetary

  7  contribution from a Florida corporation, subject to the

  8  restrictions provided in this section, to an eligible

  9  nonprofit scholarship funding organization, if the taxpayer

10  making the contribution does not designate a specific child as

11  the beneficiary of the contribution.

12         (b)  "Eligible nonpublic school" means a nonpublic

13  primary or secondary school located in Florida that offers a

14  general education to primary or secondary students and does

15  not discriminate on the basis of race, color, or national

16  origin.

17         (c)  "Eligible nonprofit scholarship funding

18  organization" means a charitable organization that is exempt

19  from federal income tax pursuant to s. 501(c)(3) of the

20  Internal Revenue Code and that complies with the provisions of

21  subsection (4).

22         (3)  AMOUNT OF CREDIT.--A corporate taxpayer shall be

23  allowed a credit equal to 100 percent of all eligible

24  contributions made during a taxable year against any tax due

25  for that taxable year under this chapter. However, such a

26  credit shall not exceed 75 percent of the tax due under this

27  chapter for the taxable year after the application of any

28  other allowable credits by the taxpayer.

29         (4)  ELIGIBLE NONPROFIT SCHOLARSHIP FUNDING

30  ORGANIZATION OBLIGATIONS.--

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  1         (a)  An eligible nonprofit scholarship funding

  2  organization shall provide scholarships from eligible

  3  contributions to children that qualify for the federal free or

  4  reduced price lunch program for:

  5         1.  Tuition or textbook expenses for, or transportation

  6  to, an eligible nonpublic school;

  7         2.  Instructional expenses for participation in a home

  8  education program as defined in s. 232.0201; or

  9         3.  Transportation expenses to a Florida public school

10  that is located outside of the district in which the student

11  resides.

12         (b)  The amount of a scholarship provided by the

13  eligible nonprofit scholarship funding organization from

14  eligible contributions shall not exceed the following annual

15  limits:

16         1.  $4,000 for a scholarship awarded to a student

17  enrolled in an eligible nonpublic school.

18         2.  $1,000 for a scholarship awarded to a student

19  enrolled in a home education program as defined in s.

20  232.0201.

21         3.  $500 for a scholarship awarded to a student

22  enrolled in a Florida public school that is located outside of

23  the district in which the student resides.

24         (c)  An eligible nonprofit scholarship funding

25  organization shall allocate over a 5-year period 100 percent

26  of the annual eligible contributions received for scholarships

27  awarded pursuant to this subsection. At least 20 percent of

28  the eligible contributions received by the organization must

29  be disbursed each year. No portion of eligible contributions

30  may be used for administrative expenses.

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  1         (5)  FUNDING.--The total statewide amount authorized

  2  for the tax credit provided by this section shall be annually

  3  established in the General Appropriations Act and shall be

  4  allocated to corporations on a first-come, first-served basis.

  5  If on any day the amount of tax credits applied for and

  6  qualified for approval exceeds the funding provided pursuant

  7  to this subsection that remains available to be allocated, the

  8  Department of Revenue shall prorate the credits among all

  9  corporations applying during that day, as evidenced by the

10  postmark or other identification of the application date,

11  which are qualified for approval, and inform each corporation

12  of the approved amount.

13         (6)  ADMINISTRATION; RULES.--

14         (a)  If the credit granted pursuant to this section is

15  not fully used in any one year, the unused amount may not be

16  carried forward. A taxpayer may not convey, assign, or

17  transfer the credit authorized by this section to another

18  entity unless all of the assets of the taxpayer are conveyed,

19  assigned, or transferred in the same transaction.

20         (b)  An application for a tax credit pursuant to this

21  section shall be submitted to the Department of Revenue on

22  forms established by rule of the Department of Revenue.

23         (c)  The Department of Revenue and the Department of

24  Education shall develop a cooperative agreement to assist in

25  the administration of this section. The Department of

26  Education shall be responsible for annually submitting to the

27  Department of Revenue a list of eligible nonprofit scholarship

28  funding organizations that meet the requirements of paragraph

29  (2)(c).

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  1         (d)  The Department of Revenue shall adopt rules

  2  necessary to administer this section, including rules

  3  establishing application forms and procedures.

  4         (e)  The Department of Education shall adopt rules

  5  necessary to determine eligibility of nonprofit scholarship

  6  funding organizations.

  7         Section 2.  Subsection (8) of section 220.02, Florida

  8  Statutes, is amended to read:

  9         220.02  Legislative intent.--

10         (8)  It is the intent of the Legislature that credits

11  against either the corporate income tax or the franchise tax

12  be applied in the following order: those enumerated in s.

13  631.828, those enumerated in s. 220.191, those enumerated in

14  s. 220.181, those enumerated in s. 220.183, those enumerated

15  in s. 220.182, those enumerated in s. 220.1895, those

16  enumerated in s. 221.02, those enumerated in s. 220.184, those

17  enumerated in s. 220.186, those enumerated in s. 220.1845,

18  those enumerated in s. 220.19, and those enumerated in s.

19  220.185, and those enumerated in s. 220.187.

20         Section 3.  Paragraph (a) of subsection (1) of section

21  220.13, Florida Statutes, is amended to read:

22         220.13  "Adjusted federal income" defined.--

23         (1)  The term "adjusted federal income" means an amount

24  equal to the taxpayer's taxable income as defined in

25  subsection (2), or such taxable income of more than one

26  taxpayer as provided in s. 220.131, for the taxable year,

27  adjusted as follows:

28         (a)  Additions.--There shall be added to such taxable

29  income:

30         1.  The amount of any tax upon or measured by income,

31  excluding taxes based on gross receipts or revenues, paid or

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  1  accrued as a liability to the District of Columbia or any

  2  state of the United States which is deductible from gross

  3  income in the computation of taxable income for the taxable

  4  year.

  5         2.  The amount of interest which is excluded from

  6  taxable income under s. 103(a) of the Internal Revenue Code or

  7  any other federal law, less the associated expenses disallowed

  8  in the computation of taxable income under s. 265 of the

  9  Internal Revenue Code or any other law, excluding 60 percent

10  of any amounts included in alternative minimum taxable income,

11  as defined in s. 55(b)(2) of the Internal Revenue Code, if the

12  taxpayer pays tax under s. 220.11(3).

13         3.  In the case of a regulated investment company or

14  real estate investment trust, an amount equal to the excess of

15  the net long-term capital gain for the taxable year over the

16  amount of the capital gain dividends attributable to the

17  taxable year.

18         4.  That portion of the wages or salaries paid or

19  incurred for the taxable year which is equal to the amount of

20  the credit allowable for the taxable year under s. 220.181.

21  The provisions of this subparagraph shall expire and be void

22  on June 30, 2005.

23         5.  That portion of the ad valorem school taxes paid or

24  incurred for the taxable year which is equal to the amount of

25  the credit allowable for the taxable year under s. 220.182.

26  The provisions of this subparagraph shall expire and be void

27  on June 30, 2005.

28         6.  The amount of emergency excise tax paid or accrued

29  as a liability to this state under chapter 221 which tax is

30  deductible from gross income in the computation of taxable

31  income for the taxable year.

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    Florida House of Representatives - 2001                 HB 271

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  1         7.  That portion of assessments to fund a guaranty

  2  association incurred for the taxable year which is equal to

  3  the amount of the credit allowable for the taxable year.

  4         8.  In the case of a nonprofit corporation which holds

  5  a pari-mutuel permit and which is exempt from federal income

  6  tax as a farmers' cooperative, an amount equal to the excess

  7  of the gross income attributable to the pari-mutuel operations

  8  over the attributable expenses for the taxable year.

  9         9.  The amount taken as a credit for the taxable year

10  under s. 220.1895.

11         10.  Up to nine percent of the eligible basis of any

12  designated project which is equal to the credit allowable for

13  the taxable year under s. 220.185.

14         11.  The amount taken as a credit for the taxable year

15  under s. 220.187.

16         Section 4.  This act shall take effect January 1, 2002.

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18            *****************************************

19                          HOUSE SUMMARY

20
      Provides a credit against the corporate income tax in an
21    amount equal to a taxpayer's contributions to an eligible
      nonprofit scholarship funding organization.  Provides
22    limitations.  Requires the nonprofit scholarship funding
      organization to use such contributions for scholarships
23    for children who qualify for the federal free or reduced
      lunch program and provides requirements and limitations
24    for such scholarships.  Provides for annual funding
      through the General Appropriations Act and provides for
25    allocation.  Provides for administration by the
      Department of Revenue and Department of Education.
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