Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 908
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Finance and Tax (Rodrigues) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 219 - 398
    4  and insert:
    5         (2)A taxpayer who files a Florida consolidated return as a
    6  member of an affiliated group pursuant to s. 220.131(1) may be
    7  allowed the credit on a consolidated return basis.
    8         (3)Section 402.62 applies to the credit authorized by this
    9  section.
   10         (4)If a taxpayer applies and is approved for a credit
   11  under s. 402.62 after timely requesting an extension to file
   12  under s. 220.222(2):
   13         (a)The credit does not reduce the amount of tax due for
   14  purposes of the department’s determination as to whether the
   15  taxpayer was in compliance with the requirement to pay tentative
   16  taxes under ss. 220.222 and 220.32.
   17         (b)The taxpayer’s noncompliance with the requirement to
   18  pay tentative taxes shall result in the revocation and
   19  rescindment of any such credit.
   20         (c)The taxpayer shall be assessed for any taxes,
   21  penalties, or interest due from the taxpayer’s noncompliance
   22  with the requirement to pay tentative taxes.
   23         Section 7. Section 402.62, Florida Statutes, is created to
   24  read:
   25         402.62Strong Families Tax Credit.—
   26         (1)DEFINITIONS.—As used in this section, the term:
   27         (a)“Annual tax credit amount” means, for any state fiscal
   28  year, the sum of the amount of tax credits approved under
   29  paragraph (5)(b), including tax credits to be taken under s.
   30  211.0252, s. 212.1833, s. 220.1876, s. 561.1212, or s.
   31  624.51056, which are approved for taxpayers whose taxable years
   32  begin on or after January 1 of the calendar year preceding the
   33  start of the applicable state fiscal year.
   34         (b)“Division” means the Division of Alcoholic Beverages
   35  and Tobacco of the Department of Business and Professional
   36  Regulation.
   37         (c)“Eligible charitable organization” means an
   38  organization designated by the Department of Children and
   39  Families to be eligible to receive funding under this section.
   40         (d)“Eligible contribution” means a monetary contribution
   41  from a taxpayer, subject to the restrictions provided in this
   42  section, to an eligible charitable organization. The taxpayer
   43  making the contribution may not designate a specific child
   44  assisted by the eligible charitable organization as the
   45  beneficiary of the contribution.
   46         (e)“Tax credit cap amount” means the maximum annual tax
   47  credit amount that the Department of Revenue may approve for a
   48  state fiscal year.
   50         (a)The Department of Children and Families shall designate
   51  as an eligible charitable organization an organization that
   52  meets all of the following requirements:
   53         1.Is exempt from federal income taxation under s.
   54  501(c)(3) of the Internal Revenue Code.
   55         2.Is a Florida entity formed under chapter 605, chapter
   56  607, or chapter 617 and whose principal office is located in
   57  this state.
   58         3.Provides services to:
   59         a.Prevent child abuse, neglect, abandonment, or
   60  exploitation;
   61         b.Assist fathers in learning and improving parenting
   62  skills or to engage absent fathers in being more engaged in
   63  their children’s lives;
   64         c.Provide books to the homes of children eligible for a
   65  federal free or reduced-price meals program or those testing
   66  below grade level in kindergarten through grade 5;
   67         d.Assist families with children who have a chronic illness
   68  or a physical, intellectual, developmental, or emotional
   69  disability; or
   70         e.Provide workforce development services to families of
   71  children eligible for a federal free or reduced-price meals
   72  program.
   73         4.Provides to the Department of Children and Families
   74  accurate information, including, at a minimum, a description of
   75  the services provided by the organization which are eligible for
   76  funding under this section; the total number of individuals
   77  served through those services during the last calendar year and
   78  the number served during the last calendar year using funding
   79  under this section; basic financial information regarding the
   80  organization and services eligible for funding under this
   81  section; outcomes for such services; and contact information for
   82  the organization.
   83         5.Annually submits a statement, signed under penalty of
   84  perjury by a current officer of the organization, that the
   85  organization meets all criteria to qualify as an eligible
   86  charitable organization, has fulfilled responsibilities under
   87  this section for the previous fiscal year if the organization
   88  received any funding through this credit during the previous
   89  year, and intends to fulfill its responsibilities during the
   90  upcoming year.
   91         6.Provides any documentation requested by the Department
   92  of Children and Families to verify eligibility as an eligible
   93  charitable organization or compliance with this section.
   94         (b)The Department of Children and Families may not
   95  designate as an eligible charitable organization an organization
   96  that:
   97         1.Provides abortions, pays for or provides coverage for
   98  abortions, or financially supports any other entity that
   99  provides, pays for, or provides coverage for abortions; or
  100         2.Has received more than 50 percent of its total annual
  101  revenue from the Department of Children and Families, either
  102  directly or via a contractor of the department, in the prior
  103  fiscal year.
  105  An eligible charitable organization that receives a contribution
  106  under this section must do all of the following:
  107         (a) Apply for admittance into the Department of Law
  108  Enforcement’s Volunteer and Employee Criminal History System
  109  and, if accepted, conduct background screening on all volunteers
  110  and staff working directly with children in any program funded
  111  under this section pursuant to s. 943.0542. Background screening
  112  shall use level 2 screening standards pursuant to s. 435.04 and
  113  additionally include, but need not be limited to, a check of the
  114  Dru Sjodin National Sex Offender Public Website.
  115         (b)Expend 100 percent of any contributions received under
  116  this section for direct services to state residents for the
  117  purposes specified in subparagraph (2)(a)3.
  118         (c)Annually submit to the Department of Children and
  119  Families:
  120         1.An audit of the eligible charitable organization
  121  conducted by an independent certified public accountant in
  122  accordance with auditing standards generally accepted in the
  123  United States, government auditing standards, and rules adopted
  124  by the Auditor General. The audit report must include a report
  125  on financial statements presented in accordance with generally
  126  accepted accounting principles. The audit report must be
  127  provided to the Department of Children and Families within 180
  128  days after completion of the eligible charitable organization’s
  129  fiscal year; and
  130         2.A copy of the eligible charitable organization’s most
  131  recent federal Internal Revenue Service Return of Organization
  132  Exempt from Income Tax form (Form 990).
  133         (d)Notify the Department of Children and Families within 5
  134  business days after the eligible charitable organization ceases
  135  to meet eligibility requirements or fails to fulfill its
  136  responsibilities under this section.
  137         (e)Upon receipt of a contribution, provide the taxpayer
  138  that made the contribution with a certificate of contribution. A
  139  certificate of contribution must include the taxpayer’s name
  140  and, if available, its federal employer identification number,
  141  the amount contributed, the date of contribution, and the name
  142  of the eligible charitable organization.
  143         (4)RESPONSIBILITIES OF THE DEPARTMENT.—The Department of
  144  Children and Families shall do all of the following:
  145         (a)Annually redesignate eligible charitable organizations
  146  that have complied with all requirements of this section.
  147         (b)Remove the designation of organizations that fail to
  148  meet all requirements of this section. An organization that has
  149  had its designation removed by the department may reapply for
  150  designation as an eligible charitable organization, and the
  151  department shall redesignate such organization, if it meets the
  152  requirements of this section and demonstrates through its
  153  application that all factors leading to its removal as an
  154  eligible charitable organization have been sufficiently
  155  addressed.
  156         (c)Publish information about the tax credit program and
  157  eligible charitable organizations on a Department of Children
  158  and Families website. The website must, at a minimum, provide
  159  all of the following:
  160         1.The requirements and process for becoming designated or
  161  redesignated as an eligible charitable organization.
  162         2.A list of the eligible charitable organizations that are
  163  currently designated by the department and the information
  164  provided under subparagraph (2)(a)4. regarding each eligible
  165  charitable organization.
  166         3.The process for a taxpayer to select an eligible
  167  charitable organization as the recipient of funding through a
  168  tax credit.
  169         (d)Compel the return of funds that are provided to an
  170  eligible charitable organization that fails to comply with the
  171  requirements of this section. Eligible charitable organizations
  172  that are subject to return of funds are ineligible to receive
  173  funding under this section for a period 10 years after final
  174  agency action to compel the return of funding.
  177         (a)Beginning in fiscal year 2021-2022, the tax credit cap
  178  amount is $5 million in each state
  180  ================= T I T L E  A M E N D M E N T ================
  181  And the title is amended as follows:
  182         Delete line 18
  183  and insert:
  184         requirements and procedures for