Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1372
       
       
       
       
       
       
                                Ì741914(Î741914                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/20/2021           .                                
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       The Committee on Appropriations (Burgess) recommended the
       following:
       
    1         Senate Substitute for Amendment (409158) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. The Legislature finds that the ability to read
    7  is fundamental to a productive, fulfilling, culturally
    8  rewarding, and civically engaged life. Furthermore, a literacy
    9  rich home environment helps develop reading and writing skills
   10  in young learners to prepare them for future academic and career
   11  success. Research shows that students who read frequently
   12  perform better academically than those who do not.
   13  Unfortunately, statistics show students who have fewer books and
   14  literacy-based interactions at home than their peers have lower
   15  educational attainment and lifetime income-earning potential.
   16  Programs that deliver books directly to students’ homes and
   17  support engagement in reading enable parents to develop their
   18  child’s reading skills and enjoyment of reading and foster
   19  improved outcomes for students.
   20         Section 2. Section 211.0252, Florida Statutes, is created
   21  to read:
   22         211.0252Credit for contributions to the New Worlds Reading
   23  Initiative.—Beginning January 1, 2022, there is allowed a credit
   24  of 100 percent of an eligible contribution made to the New
   25  Worlds Reading Initiative under s. 1003.485 against any tax due
   26  under s. 211.02 or s. 211.025. However, the combined credit
   27  allowed under this section and s. 211.0251 may not exceed 50
   28  percent of the tax due on the return on which the credit is
   29  taken. If the combined credit allowed under this section and s.
   30  211.0251 exceeds 50 percent of the tax due on the return, the
   31  credit must first be taken under s. 211.0251. Any remaining
   32  liability must be taken under this section but may not exceed 50
   33  percent of the tax due. For purposes of the distributions of tax
   34  revenue under s. 211.06, the department shall disregard any tax
   35  credits allowed under this section to ensure that any reduction
   36  in tax revenue received which is attributable to the tax credits
   37  results only in a reduction in distributions to the General
   38  Revenue Fund. Section 1003.485 applies to the credit authorized
   39  by this section.
   40         Section 3. Section 212.1833, Florida Statutes, is created
   41  to read:
   42         212.1833Credit for contributions to the New Worlds Reading
   43  Initiative.—Beginning January 1, 2022, there is allowed a credit
   44  of 100 percent of an eligible contribution made to the New
   45  Worlds Reading Initiative under s. 1003.485 against any tax
   46  imposed by the state and due under this chapter from a direct
   47  pay permitholder as a result of the direct pay permit held
   48  pursuant to s. 212.183. For purposes of the dealer’s credit
   49  granted for keeping prescribed records, filing timely tax
   50  returns, and properly accounting and remitting taxes under s.
   51  212.12, the amount of tax due used to calculate the credit shall
   52  include any eligible contribution made to the New Worlds Reading
   53  Initiative from a direct pay permitholder. For purposes of the
   54  distributions of tax revenue under s. 212.20, the department
   55  shall disregard any tax credits allowed under this section to
   56  ensure that any reduction in tax revenue received which is
   57  attributable to the tax credits results only in a reduction in
   58  distributions to the General Revenue Fund. Section 1003.485
   59  applies to the credit authorized by this section. A dealer who
   60  claims a tax credit under this section must file his or her tax
   61  returns and pay his or her taxes by electronic means under s.
   62  213.755.
   63         Section 4. Subsection (8) of section 220.02, Florida
   64  Statutes, is amended to read:
   65         220.02 Legislative intent.—
   66         (8) It is the intent of the Legislature that credits
   67  against either the corporate income tax or the franchise tax be
   68  applied in the following order: those enumerated in s. 631.828,
   69  those enumerated in s. 220.191, those enumerated in s. 220.181,
   70  those enumerated in s. 220.183, those enumerated in s. 220.182,
   71  those enumerated in s. 220.1895, those enumerated in s. 220.195,
   72  those enumerated in s. 220.184, those enumerated in s. 220.186,
   73  those enumerated in s. 220.1845, those enumerated in s. 220.19,
   74  those enumerated in s. 220.185, those enumerated in s. 220.1875,
   75  those enumerated in s. 220.1876, those enumerated in s. 220.193,
   76  those enumerated in s. 288.9916, those enumerated in s.
   77  220.1899, those enumerated in s. 220.194, and those enumerated
   78  in s. 220.196.
   79         Section 5. Paragraph (a) of subsection (1) of section
   80  220.13, Florida Statutes, is amended to read:
   81         220.13 “Adjusted federal income” defined.—
   82         (1) The term “adjusted federal income” means an amount
   83  equal to the taxpayer’s taxable income as defined in subsection
   84  (2), or such taxable income of more than one taxpayer as
   85  provided in s. 220.131, for the taxable year, adjusted as
   86  follows:
   87         (a) Additions.—There shall be added to such taxable income:
   88         1.a. The amount of any tax upon or measured by income,
   89  excluding taxes based on gross receipts or revenues, paid or
   90  accrued as a liability to the District of Columbia or any state
   91  of the United States which is deductible from gross income in
   92  the computation of taxable income for the taxable year.
   93         b. Notwithstanding sub-subparagraph a., if a credit taken
   94  under s. 220.1875 or s. 220.1876 is added to taxable income in a
   95  previous taxable year under subparagraph 11. and is taken as a
   96  deduction for federal tax purposes in the current taxable year,
   97  the amount of the deduction allowed shall not be added to
   98  taxable income in the current year. The exception in this sub
   99  subparagraph is intended to ensure that the credit under s.
  100  220.1875 or s. 220.1876 is added in the applicable taxable year
  101  and does not result in a duplicate addition in a subsequent
  102  year.
  103         2. The amount of interest which is excluded from taxable
  104  income under s. 103(a) of the Internal Revenue Code or any other
  105  federal law, less the associated expenses disallowed in the
  106  computation of taxable income under s. 265 of the Internal
  107  Revenue Code or any other law, excluding 60 percent of any
  108  amounts included in alternative minimum taxable income, as
  109  defined in s. 55(b)(2) of the Internal Revenue Code, if the
  110  taxpayer pays tax under s. 220.11(3).
  111         3. In the case of a regulated investment company or real
  112  estate investment trust, an amount equal to the excess of the
  113  net long-term capital gain for the taxable year over the amount
  114  of the capital gain dividends attributable to the taxable year.
  115         4. That portion of the wages or salaries paid or incurred
  116  for the taxable year which is equal to the amount of the credit
  117  allowable for the taxable year under s. 220.181. This
  118  subparagraph shall expire on the date specified in s. 290.016
  119  for the expiration of the Florida Enterprise Zone Act.
  120         5. That portion of the ad valorem school taxes paid or
  121  incurred for the taxable year which is equal to the amount of
  122  the credit allowable for the taxable year under s. 220.182. This
  123  subparagraph shall expire on the date specified in s. 290.016
  124  for the expiration of the Florida Enterprise Zone Act.
  125         6. The amount taken as a credit under s. 220.195 which is
  126  deductible from gross income in the computation of taxable
  127  income for the taxable year.
  128         7. That portion of assessments to fund a guaranty
  129  association incurred for the taxable year which is equal to the
  130  amount of the credit allowable for the taxable year.
  131         8. In the case of a nonprofit corporation which holds a
  132  pari-mutuel permit and which is exempt from federal income tax
  133  as a farmers’ cooperative, an amount equal to the excess of the
  134  gross income attributable to the pari-mutuel operations over the
  135  attributable expenses for the taxable year.
  136         9. The amount taken as a credit for the taxable year under
  137  s. 220.1895.
  138         10. Up to nine percent of the eligible basis of any
  139  designated project which is equal to the credit allowable for
  140  the taxable year under s. 220.185.
  141         11. Any The amount taken as a credit for the taxable year
  142  under s. 220.1875 or s. 220.1876. The addition in this
  143  subparagraph is intended to ensure that the same amount is not
  144  allowed for the tax purposes of this state as both a deduction
  145  from income and a credit against the tax. This addition is not
  146  intended to result in adding the same expense back to income
  147  more than once.
  148         12. The amount taken as a credit for the taxable year under
  149  s. 220.193.
  150         13. Any portion of a qualified investment, as defined in s.
  151  288.9913, which is claimed as a deduction by the taxpayer and
  152  taken as a credit against income tax pursuant to s. 288.9916.
  153         14. The costs to acquire a tax credit pursuant to s.
  154  288.1254(5) that are deducted from or otherwise reduce federal
  155  taxable income for the taxable year.
  156         15. The amount taken as a credit for the taxable year
  157  pursuant to s. 220.194.
  158         16. The amount taken as a credit for the taxable year under
  159  s. 220.196. The addition in this subparagraph is intended to
  160  ensure that the same amount is not allowed for the tax purposes
  161  of this state as both a deduction from income and a credit
  162  against the tax. The addition is not intended to result in
  163  adding the same expense back to income more than once.
  164         Section 6. Subsection (2) of section 220.186, Florida
  165  Statutes, is amended to read:
  166         220.186 Credit for Florida alternative minimum tax.—
  167         (2) The credit pursuant to this section shall be the amount
  168  of the excess, if any, of the tax paid based upon taxable income
  169  determined pursuant to s. 220.13(2)(k) over the amount of tax
  170  which would have been due based upon taxable income without
  171  application of s. 220.13(2)(k), before application of this
  172  credit without application of any credit under s. 220.1875 or s.
  173  220.1876.
  174         Section 7. Section 220.1876, Florida Statutes, is created
  175  to read:
  176         220.1876Credit for contributions to the New Worlds Reading
  177  Initiative.—
  178         (1)For taxable years beginning on or after January 1,
  179  2022, there is allowed a credit of 100 percent of an eligible
  180  contribution made to the New Worlds Reading Initiative under s.
  181  1003.485 against any tax due for a taxable year under this
  182  chapter after the application of any other allowable credits by
  183  the taxpayer. An eligible contribution must be made to the New
  184  Worlds Reading Initiative on or before the date the taxpayer is
  185  required to file a return pursuant to s. 220.222. The credit
  186  granted by this section shall be reduced by the difference
  187  between the amount of federal corporate income tax, taking into
  188  account the credit granted by this section, and the amount of
  189  federal corporate income tax without application of the credit
  190  granted by this section.
  191         (2)A taxpayer who files a Florida consolidated return as a
  192  member of an affiliated group pursuant to s. 220.131(1) may be
  193  allowed the credit on a consolidated return basis; however, the
  194  total credit taken by the affiliated group is subject to the
  195  limitation established under subsection (1).
  196         (3)Section 1003.485 applies to the credit authorized by
  197  this section.
  198         (4)If a taxpayer applies and is approved for a credit
  199  under s. 1003.485 after timely requesting an extension to file
  200  under s. 220.222(2):
  201         (a)The credit does not reduce the amount of tax due for
  202  purposes of the department’s determination as to whether the
  203  taxpayer was in compliance with the requirement to pay tentative
  204  taxes under ss. 220.222 and 220.32.
  205         (b)The taxpayer’s noncompliance with the requirement to
  206  pay tentative taxes shall result in the revocation and
  207  rescindment of any such credit.
  208         (c)The taxpayer shall be assessed for any taxes,
  209  penalties, or interest due from the taxpayer’s noncompliance
  210  with the requirement to pay tentative taxes.
  211         Section 8. Section 561.1212, Florida Statutes, is created
  212  to read:
  213         561.1212Credit for contributions to the New Worlds Reading
  214  Initiative.—Beginning January 1, 2022, there is allowed a credit
  215  of 100 percent of an eligible contribution made to the New
  216  Worlds Reading Initiative under s. 1003.485 against any tax due
  217  under s. 563.05, s. 564.06, or s. 565.12, except excise taxes
  218  imposed on wine produced by manufacturers in this state from
  219  products grown in this state. However, a credit allowed under
  220  this section may not exceed 90 percent of the tax due on the
  221  return on which the credit is taken. For purposes of the
  222  distributions of tax revenue under ss. 561.121 and 564.06(10),
  223  the division shall disregard any tax credits allowed under this
  224  section to ensure that any reduction in tax revenue received
  225  which is attributable to the tax credits results only in a
  226  reduction in distributions to the General Revenue Fund. The
  227  provisions of s. 1003.485 apply to the credit authorized by this
  228  section.
  229         Section 9. Section 624.51056, Florida Statutes, is created
  230  to read:
  231         624.51056Credit for contributions to the New Worlds
  232  Reading Initiative.—
  233         (1)For taxable years beginning on or after January 1,
  234  2022, there is allowed a credit of 100 percent of an eligible
  235  contribution made to the New Worlds Reading Initiative under s.
  236  1003.485 against any tax due for a taxable year under s.
  237  624.509(1) after deducting from such tax deductions for
  238  assessments made pursuant to s. 440.51, credits for taxes paid
  239  under ss. 175.101 and 185.08, credits for income taxes paid
  240  under chapter 220, and the credit allowed under s. 624.509(5),
  241  as such credit is limited by s. 624.509(6). An eligible
  242  contribution must be made to the New Worlds Reading Initiative
  243  on or before the date the taxpayer is required to file a return
  244  pursuant to ss. 624.509 and 624.5092. An insurer claiming a
  245  credit against premium tax liability under this section is not
  246  required to pay any additional retaliatory tax levied under s.
  247  624.5091 as a result of claiming such credit. Section 624.5091
  248  does not limit such credit in any manner.
  249         (2)Section 1003.485 applies to the credit authorized by
  250  this section.
  251         Section 10. Section 1003.485, Florida Statutes, is created
  252  to read:
  253         1003.485 The New Worlds Reading Initiative.—
  254         (1)DEFINITIONS.—As used in this section, the term:
  255         (a)“Administrator” means a state university registered
  256  with the department under s. 1002.395(15)(i) and designated to
  257  administer the initiative under paragraph (2)(a).
  258         (b)“Annual tax credit amount” means, for any state fiscal
  259  year, the sum of the amount of tax credits approved under
  260  paragraph (3)(b), including tax credits to be taken under s.
  261  211.0252, s. 212.1833, s. 220.1876, s. 561.1212, or s.
  262  624.51056, which are approved for taxpayers whose taxable years
  263  begin on or after January 1 of the calendar year preceding the
  264  start of the applicable state fiscal year.
  265         (c)“Department” means the Department of Education.
  266         (d)“Division” means the Division of Alcoholic Beverages
  267  and Tobacco of the Department of Business and Professional
  268  Regulation.
  269         (e)“Eligible contribution” means a monetary contribution
  270  from a taxpayer, subject to the restrictions provided in this
  271  section, to the administrator.
  272         (f)“Initiative” means the New Worlds Reading Initiative.
  273         (2)NEW WORLDS READING INITIATIVE; ADMINISTRATION.—The New
  274  Worlds Reading Initiative is established under the department to
  275  improve literacy skills and instill a love of reading by
  276  providing high-quality, free books to students in kindergarten
  277  through grade 5 who are reading below grade level.
  278         (a)The department shall:
  279         1.Designate an administrator to implement the initiative
  280  and to receive funding as provided in this section. The
  281  administrator must have an academic innovation institution with
  282  extensive experience in:
  283         a.Conducting academic research in early literacy
  284  instruction.
  285         b.Implementing online delivery of early learning and
  286  literacy training for educators nationally.
  287         c.Developing online support materials that assist parents
  288  and caregivers in developing early literacy skills.
  289         d.Conducting fundraising and public awareness campaigns to
  290  support the development and growth of evidence-based educational
  291  initiatives that support learning at home and in schools.
  292         2.Publish information about the initiative and tax credits
  293  under subsection (3) on its website, including the process for a
  294  taxpayer to select the administrator as the recipient of funding
  295  through a tax credit.
  296         3.Beginning September 30, 2022, and annually thereafter,
  297  report on its website the number of students participating in
  298  the initiative in each school district, information from the
  299  annual financial report under subparagraph (b)6., and the
  300  academic achievement and learning gains, as applicable, of
  301  participating students based on data provided by school
  302  districts as permitted under s. 1002.22. The department shall
  303  establish a date by which the administrator and each school
  304  district must annually provide the data necessary to complete
  305  the report.
  306         (b)The administrator shall:
  307         1.Develop, in consultation with the Just Read, Florida!
  308  Office under s. 1001.215, a selection of high-quality books
  309  encompassing diverse subjects and genres for each grade level to
  310  be mailed to students in the initiative.
  311         2.Distribute books at no cost to students as provided in
  312  paragraph (4)(c) either directly or through an agreement with a
  313  book distribution company.
  314         3.Assist local implementation of the initiative by
  315  providing marketing materials to school districts and any
  316  partnering nonprofit organizations to assist with public
  317  awareness campaigns and other activities designed to increase
  318  family engagement and instill a love of reading in students.
  319         4.Maintain a clearinghouse for information on national,
  320  state, and local nonprofit organizations that support efforts to
  321  improve literacy and provide books to children.
  322         5.Develop training materials for parents of students in
  323  the initiative, including brief video training modules, which
  324  engage families in reading and assist with improving student
  325  literacy skills. The administrator shall periodically send, via
  326  text message and e-mail, tips for facilitating reading at home
  327  and hyperlinks to the video training modules.
  328         6.Annually submit to the department an annual financial
  329  report that includes, at a minimum, the amount of eligible
  330  contributions received by the administrator; the amount spent on
  331  each activity required by this paragraph, including
  332  administrative expenses; and the number of students and
  333  households served under the initiative.
  334         7.Maintain separate accounts for operating funds and funds
  335  for the purchase and delivery of books.
  336         8.Expend eligible contributions received only for the
  337  purchase and delivery of books and to implement the requirements
  338  of this section, as well as for administrative expenses not to
  339  exceed 2 percent of total eligible contributions.
  340  Notwithstanding s. 1002.395(6)(j)2., the administrator may carry
  341  forward up to 25 percent of eligible contributions to the
  342  following state fiscal year for purposes authorized by this
  343  subsection. Any eligible contributions in excess of the 25
  344  percent carry forward not used to provide additional books
  345  throughout the year to eligible students shall revert to the
  346  state treasury.
  347         9.Upon receipt of a contribution, provide the taxpayer
  348  that made the contribution with a certificate of contribution. A
  349  certificate of contribution must include the taxpayer’s name
  350  and, if available, its federal employer identification number,
  351  the amount contributed, the date of contribution, and the name
  352  of the administrator.
  353         (3)NEW WORLDS READING INITIATIVE TAX CREDITS;
  354  APPLICATIONS, TRANSFERS, AND LIMITATIONS.—
  355         (a)The tax credit cap amount is $10 million for the 2021
  356  2022 state fiscal year, $30 million for the 2022-2023 state
  357  fiscal year, and $50 million in each state fiscal year
  358  thereafter.
  359         (b)Beginning October 1, 2021, a taxpayer may submit an
  360  application to the Department of Revenue for a tax credit or
  361  credits to be taken under one or more of s. 211.0252, s.
  362  212.1833, s. 220.1876, s. 561.1212, or s. 624.51056.
  363         1.The taxpayer shall specify in the application each tax
  364  for which the taxpayer requests a credit and the applicable
  365  taxable year for a credit under s. 220.1876 or s. 624.51056 or
  366  the applicable state fiscal year for a credit under s. 211.0252,
  367  s. 212.1833, or s. 561.1212. For purposes of s. 220.1876, a
  368  taxpayer may apply for a credit to be used for a prior taxable
  369  year before the date the taxpayer is required to file a return
  370  for that year pursuant to s. 220.222. For purposes of s.
  371  624.51056, a taxpayer may apply for a credit to be used for a
  372  prior taxable year before the date the taxpayer is required to
  373  file a return for that prior taxable year pursuant to ss.
  374  624.509 and 624.5092. The Department of Revenue shall approve
  375  tax credits on a first-come, first-served basis and must obtain
  376  the division’s approval before approving a tax credit under s.
  377  561.1212.
  378         2.Within 10 days after approving or denying an
  379  application, the Department of Revenue shall provide a copy of
  380  its approval or denial letter to the administrator.
  381         (c)If a tax credit approved under paragraph (b) is not
  382  fully used within the specified state fiscal year for credits
  383  under s. 211.0252, s. 212.1833, or s. 561.1212 or against taxes
  384  due for the specified taxable year for credits under s. 220.1876
  385  or s. 624.51056 because of insufficient tax liability on the
  386  part of the taxpayer, the unused amount must be carried forward
  387  for a period not to exceed 10 years. For purposes of s.
  388  220.1876, a credit carried forward may be used in a subsequent
  389  year after applying the other credits and unused carryovers in
  390  the order provided in s. 220.02(8).
  391         (d)A taxpayer may not convey, transfer, or assign an
  392  approved tax credit or a carryforward tax credit to another
  393  entity unless all of the assets of the taxpayer are conveyed,
  394  assigned, or transferred in the same transaction. However, a tax
  395  credit under s. 211.0252, s. 212.1833, s. 220.1876, s. 561.1212,
  396  or s. 624.51056 may be conveyed, transferred, or assigned
  397  between members of an affiliated group of corporations if the
  398  type of tax credit under s. 211.0252, s. 212.1833, s. 220.1876,
  399  s. 561.1212, or s. 624.51056 remains the same. A taxpayer shall
  400  notify the Department of Revenue of its intent to convey,
  401  transfer, or assign a tax credit to another member within an
  402  affiliated group of corporations. The amount conveyed,
  403  transferred, or assigned is available to another member of the
  404  affiliated group of corporations upon approval by the Department
  405  of Revenue. The Department of Revenue shall obtain the
  406  division’s approval before approving a conveyance, transfer, or
  407  assignment of a tax credit under s. 561.1212.
  408         (e)Within any state fiscal year, a taxpayer may rescind
  409  all or part of a tax credit approved under paragraph (b). The
  410  amount rescinded shall become available for that state fiscal
  411  year to another eligible taxpayer approved by the Department of
  412  Revenue if the taxpayer receives notice from the Department of
  413  Revenue that the rescindment has been accepted by the Department
  414  of Revenue. The Department of Revenue must obtain the division’s
  415  approval before accepting the rescindment of a tax credit under
  416  s. 561.1212. Any amount rescinded under this paragraph must
  417  become available to an eligible taxpayer on a first-come, first
  418  served basis based on tax credit applications received after the
  419  date the rescindment is accepted by the Department of Revenue.
  420         (f)Within 10 days after approving or denying the
  421  conveyance, transfer, or assignment of a tax credit under
  422  paragraph (d), or the rescindment of a tax credit under
  423  paragraph (e), the Department of Revenue shall provide a copy of
  424  its approval or denial letter to the administrator. The
  425  Department of Revenue shall also include the administrator on
  426  all letters or correspondence of acknowledgment for tax credits
  427  under s. 212.1833.
  428         (g)For purposes of calculating the underpayment of
  429  estimated corporate income taxes under s. 220.34 and tax
  430  installment payments for taxes on insurance premiums or
  431  assessments under s. 624.5092, the final amount due is the
  432  amount after credits earned under s. 220.1876 or s. 624.51056
  433  for contributions to the administrator are deducted.
  434         1.For purposes of determining if a penalty or interest
  435  under s. 220.34(2)(d)1. will be imposed for underpayment of
  436  estimated corporate income tax, a taxpayer may, after earning a
  437  credit under s. 220.1876, reduce any estimated payment in that
  438  taxable year by the amount of the credit.
  439         2.For purposes of determining if a penalty under s.
  440  624.5092 will be imposed, an insurer, after earning a credit
  441  under s. 624.51056 for a taxable year, may reduce any
  442  installment payment for such taxable year of 27 percent of the
  443  amount of the net tax due as reported on the return for the
  444  preceding year under s. 624.5092(2)(b) by the amount of the
  445  credit.
  446         (4)ELIGIBILITY; NOTIFICATION; SCHOOL DISTRICT
  447  OBLIGATIONS.—
  448         (a)A student in kindergarten through grade 5 must be
  449  provided books through the initiative if the student has a
  450  substantial reading deficiency identified under s. 1008.25(5)(a)
  451  or scored below a Level 3 on the preceding year’s statewide,
  452  standardized English Language Arts assessment under s. 1008.22.
  453         (b)Each school district shall notify the parent of a
  454  student who meets the criteria under paragraph (a) that the
  455  student is eligible to receive books at no cost through the New
  456  Worlds Reading Initiative and provide the parent with the
  457  application form developed by the administrator, which must
  458  allow for the selection of specific book topics or genres for
  459  the student.
  460         (c)Once an eligible student is identified, the school
  461  district shall coordinate with the administrator to initiate
  462  book delivery on a monthly basis during the school year, which
  463  must begin no later than October and continue through at least
  464  June. However, for the 2021-2022 school year only, delivery may
  465  begin no later than December 31, 2021, provided that no fewer
  466  than 9 books are delivered to each student before book
  467  deliveries begin for the 2022-2023 school year.
  468         (d)At the beginning of each school year, students must be
  469  provided options for specific book topics or genres in order to
  470  maximize student interest in reading.
  471         (e)A student’s eligibility for the initiative continues
  472  until promotion to grade 6 or until the student’s parent opts
  473  out of the initiative.
  474         (f)Each school district shall participate in the
  475  initiative by partnering with local nonprofit organizations,
  476  raising awareness of the initiative using marketing materials
  477  developed by the administrator, coordinating book delivery, and
  478  identifying students and notifying parents pursuant to this
  479  subsection.
  480         (g)Each school district shall coordinate with each charter
  481  school it sponsors for purposes of identifying eligible
  482  students, notifying parents, coordinating book delivery,
  483  providing the opportunity to annually select book topics and
  484  genres, and raising awareness of the initiative as provided by
  485  this section.
  486         (h)School districts and partnering nonprofit organizations
  487  shall raise awareness of the initiative, including information
  488  on eligibility and video training modules under subparagraph
  489  (2)(b)5., through, at least, the following:
  490         1.The student handbook and the read-at-home plan under s.
  491  1008.25(5)(c).
  492         2.A parent or curriculum night or separate initiative
  493  awareness event at each elementary school.
  494         3.Partnering with the county library to host awareness
  495  events, which should coincide with other initiatives such as
  496  library card drives, family library nights, summer access
  497  events, and other family engagement programming.
  498         (5)ADMINISTRATION; RULES.—
  499         (a)The Department of Revenue, the division, and the
  500  Department of Education may develop a cooperative agreement to
  501  assist in the administration of this section, as needed.
  502         (b)The Department of Revenue may adopt rules necessary to
  503  administer this section and ss. 211.0252, 212.1833, 220.1876,
  504  561.1212, and 624.51056, including rules establishing
  505  application forms, procedures governing the approval of tax
  506  credits and carryforward tax credits under subsection (3), and
  507  procedures to be followed by taxpayers when claiming approved
  508  tax credits on their returns.
  509         (c)The division may adopt rules necessary to administer
  510  its responsibilities under this section and s. 561.1212.
  511         (d)The Department of Education may adopt rules necessary
  512  to administer this section.
  513         (e)Notwithstanding any provision of s. 213.053 to the
  514  contrary, sharing information with the division related to this
  515  tax credit is considered the conduct of the Department of
  516  Revenue’s official duties as contemplated in s. 213.053(8)(c),
  517  and the Department of Revenue and the division are specifically
  518  authorized to share information as needed to administer this
  519  section.
  520         Section 11. Paragraph (c) of subsection (5) of section
  521  1008.25, Florida Statutes, is amended to read:
  522         1008.25 Public school student progression; student support;
  523  reporting requirements.—
  524         (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
  525         (c) The parent of any student who exhibits a substantial
  526  deficiency in reading, as described in paragraph (a), must be
  527  notified in writing of the following:
  528         1. That his or her child has been identified as having a
  529  substantial deficiency in reading, including a description and
  530  explanation, in terms understandable to the parent, of the exact
  531  nature of the student’s difficulty in learning and lack of
  532  achievement in reading.
  533         2. A description of the current services that are provided
  534  to the child.
  535         3. A description of the proposed intensive interventions
  536  and supports that will be provided to the child that are
  537  designed to remediate the identified area of reading deficiency.
  538         4. That if the child’s reading deficiency is not remediated
  539  by the end of grade 3, the child must be retained unless he or
  540  she is exempt from mandatory retention for good cause.
  541         5. Strategies, including multisensory strategies, through a
  542  read-at-home plan the parent can use in helping his or her child
  543  succeed in reading.
  544         6. That the statewide, standardized English Language Arts
  545  assessment is not the sole determiner of promotion and that
  546  additional evaluations, portfolio reviews, and assessments are
  547  available to the child to assist parents and the school district
  548  in knowing when a child is reading at or above grade level and
  549  ready for grade promotion.
  550         7. The district’s specific criteria and policies for a
  551  portfolio as provided in subparagraph (6)(b)4. and the evidence
  552  required for a student to demonstrate mastery of Florida’s
  553  academic standards for English Language Arts. A parent of a
  554  student in grade 3 who is identified anytime during the year as
  555  being at risk of retention may request that the school
  556  immediately begin collecting evidence for a portfolio.
  557         8. The district’s specific criteria and policies for
  558  midyear promotion. Midyear promotion means promotion of a
  559  retained student at any time during the year of retention once
  560  the student has demonstrated ability to read at grade level.
  561         9.Information about the student’s eligibility for the New
  562  Worlds Reading Initiative under s. 1003.485 and information on
  563  parent training modules and other reading engagement resources
  564  available through the initiative.
  565         Section 12. The Department of Revenue is authorized, and
  566  all conditions are deemed met, to adopt emergency rules under s.
  567  120.54(4), Florida Statutes, for the purpose of implementing
  568  provisions related to the New Worlds Reading Initiative Tax
  569  Credit created by this act. Notwithstanding any other law,
  570  emergency rules adopted under this section are effective for 6
  571  months after adoption and may be renewed during the pendency of
  572  procedures to adopt permanent rules addressing the subject of
  573  the emergency rules.
  574         Section 13. This act shall take effect upon becoming a law.
  575  
  576  ================= T I T L E  A M E N D M E N T ================
  577  And the title is amended as follows:
  578         Delete everything before the enacting clause
  579  and insert:
  580                        A bill to be entitled                      
  581         An act relating to home book delivery for elementary
  582         students; providing legislative findings; creating ss.
  583         211.0252 and 212.1833, F.S.; providing credits against
  584         oil and gas production taxes and sales taxes payable
  585         by direct pay permitholders, respectively, under the
  586         New Worlds Reading Initiative Tax Credit; specifying
  587         requirements and procedures for, and limitations on,
  588         the credits; amending s. 220.02, F.S.; revising the
  589         order in which tax credits against the corporate
  590         income tax credit or the franchise tax are applied;
  591         amending s. 220.13, F.S.; revising the definition of
  592         the term “adjusted federal income”; amending s.
  593         220.186, F.S.; revising the calculation of the
  594         corporate income tax credit for the Florida
  595         alternative minimum tax; creating s. 220.1876, F.S.;
  596         providing a credit against the corporate income tax
  597         under the New Worlds Reading Initiative Tax Credit;
  598         specifying requirements and procedures for, and
  599         limitations on, the credit; creating ss. 561.1212 and
  600         624.51056, F.S.; providing credits against excise
  601         taxes on certain alcoholic beverages and the insurance
  602         premium tax, respectively, under the New Worlds
  603         Initiative Tax Credit; specifying requirements and
  604         procedures for, and limitations on, the credits;
  605         creating s. 1003.485 F.S.; providing definitions;
  606         establishing the New Worlds Reading Initiative under
  607         the Department of Education; requiring the department
  608         to contract with a state university to administer the
  609         initiative; providing duties of the department and
  610         administrator; requiring the administrator, in
  611         consultation with a specified entity, to develop a
  612         selection of books; requiring the administrator to
  613         facilitate distribution of books; requiring the
  614         administrator to assist with local implementation of
  615         the initiative; requiring the administrator to
  616         maintain a clearinghouse of specified information;
  617         requiring the administrator to develop and disseminate
  618         certain training materials by specified means;
  619         requiring the administrator to annually submit an
  620         audit report; requiring the administrator to maintain
  621         specified accounts for program funds; providing
  622         spending requirements; requiring the administrator to
  623         provide a certificate of contribution in certain
  624         circumstances; establishing reporting requirements;
  625         establishing a tax credit cap amount; authorizing a
  626         taxpayer to apply for a tax credit; providing
  627         requirements for the application; specifying a
  628         limitation on, and application procedures for, the tax
  629         credit; specifying requirements and procedures for,
  630         and restrictions on, the carryforward, conveyance,
  631         transfer, assignment, and rescindment of credits;
  632         specifying requirements and procedures for the
  633         Department of Revenue; establishing student
  634         eligibility requirements; requiring school districts
  635         to identify eligible students and notify parents;
  636         requiring school districts to coordinate with the
  637         administrator to initiate book delivery; providing
  638         requirements for book delivery; requiring that
  639         students be offered certain options relating to books;
  640         specifying when student eligibility ends; requiring
  641         school districts raise awareness of the initiative;
  642         authorizing the Department of Revenue, the Division of
  643         Alcoholic Beverages and Tobacco of the Department of
  644         Business and Professional Regulation, and the
  645         Department of Education to develop a cooperative
  646         agreement and adopt rules; amending s. 1008.25, F.S.;
  647         requiring that a certain notification include
  648         information about the initiative; authorizing the
  649         Department of Revenue to adopt emergency rules;
  650         providing an effective date.