Florida Senate - 2021 SB 908 By Senator Rodrigues 27-00309B-21 2021908__ 1 A bill to be entitled 2 An act relating to the Strong Families Tax Credit; 3 creating ss. 211.0252 and 212.1833, F.S.; providing 4 credits against oil and gas production taxes and sales 5 taxes payable by direct pay permitholders, 6 respectively, under the Strong Families Tax Credit; 7 specifying requirements and procedures for, and 8 limitations on, the credits; amending s. 220.02, F.S.; 9 revising the order in which the corporate income tax 10 credit under the Strong Families Tax Credit is 11 applied; amending s. 220.13, F.S.; revising the 12 definition of the term “adjusted federal income”; 13 amending s. 220.186, F.S.; revising the calculation of 14 the corporate income tax credit for the Florida 15 alternative minimum tax; creating s. 220.1876, F.S.; 16 providing a credit against the corporate income tax 17 under the Strong Families Tax Credit; specifying 18 requirements and procedures for, and limitations on, 19 the credit; creating s. 402.62, F.S.; creating the 20 Strong Families Tax Credit; defining terms; specifying 21 requirements for the Department of Children and 22 Families in designating eligible charitable 23 organizations; specifying requirements for eligible 24 charitable organizations receiving contributions; 25 specifying duties of the Department of Children and 26 Families; specifying a limitation on, and application 27 procedures for, the tax credit; specifying 28 requirements and procedures for, and restrictions on, 29 the carryforward, conveyance, transfer, assignment, 30 and rescindment of credits; specifying requirements 31 and procedures for the Department of Revenue; 32 providing construction; authorizing the Department of 33 Revenue, the Division of Alcoholic Beverages and 34 Tobacco of the Department of Business and Professional 35 Regulation, and the Department of Children and 36 Families to develop a cooperative agreement and adopt 37 rules; authorizing certain interagency information 38 sharing; creating ss. 561.1212 and 624.51056, F.S.; 39 providing credits against excise taxes on certain 40 alcoholic beverages and the insurance premium tax, 41 respectively, under the Strong Families Tax Credit; 42 specifying requirements and procedures for, and 43 limitations on, the credits; authorizing the 44 Department of Revenue to adopt emergency rules to 45 implement provisions related to the Strong Families 46 Tax Credit; providing an appropriation; requiring the 47 Florida Institute for Child Welfare to provide a 48 certain report to the Governor and the Legislature by 49 a specified date; providing an effective date. 50 51 Be It Enacted by the Legislature of the State of Florida: 52 53 Section 1. Section 211.0252, Florida Statutes, is created 54 to read: 55 211.0252 Credit for contributions to eligible charitable 56 organizations.—Beginning January 1, 2022, there is allowed a 57 credit of 100 percent of an eligible contribution made to an 58 eligible charitable organization under s. 402.62 against any tax 59 due under s. 211.02 or s. 211.025. However, the combined credit 60 allowed under this section and s. 211.0251 may not exceed 50 61 percent of the tax due on the return on which the credit is 62 taken. If the combined credit allowed under this section and s. 63 211.0251 exceeds 50 percent of the tax due on the return, the 64 credit must first be taken under s. 211.0251. Any remaining 65 liability must be taken under this section, but may not exceed 66 50 percent of the tax due. For purposes of the distributions of 67 tax revenue under s. 211.06, the department shall disregard any 68 tax credits allowed under this section to ensure that any 69 reduction in tax revenue received which is attributable to the 70 tax credits results only in a reduction in distributions to the 71 General Revenue Fund. Section 402.62 applies to the credit 72 authorized by this section. 73 Section 2. Section 212.1833, Florida Statutes, is created 74 to read: 75 212.1833 Credit for contributions to eligible charitable 76 organizations.—Beginning January 1, 2022, there is allowed a 77 credit of 100 percent of an eligible contribution made to an 78 eligible charitable organization under s. 402.62 against any tax 79 imposed by the state and due under this chapter from a direct 80 pay permitholder as a result of the direct pay permit held 81 pursuant to s. 212.183. For purposes of the dealer’s credit 82 granted for keeping prescribed records, filing timely tax 83 returns, and properly accounting and remitting taxes under s. 84 212.12, the amount of tax due used to calculate the credit shall 85 include any eligible contribution made to an eligible charitable 86 organization from a direct pay permitholder. For purposes of the 87 distributions of tax revenue under s. 212.20, the department 88 shall disregard any tax credits allowed under this section to 89 ensure that any reduction in tax revenue received which is 90 attributable to the tax credits results only in a reduction in 91 distributions to the General Revenue Fund. Section 402.62 92 applies to the credit authorized by this section. A dealer who 93 claims a tax credit under this section must file his or her tax 94 returns and pay his or her taxes by electronic means under s. 95 213.755. 96 Section 3. Subsection (8) of section 220.02, Florida 97 Statutes, is amended to read: 98 220.02 Legislative intent.— 99 (8) It is the intent of the Legislature that credits 100 against either the corporate income tax or the franchise tax be 101 applied in the following order: those enumerated in s. 631.828, 102 those enumerated in s. 220.191, those enumerated in s. 220.181, 103 those enumerated in s. 220.183, those enumerated in s. 220.182, 104 those enumerated in s. 220.1895, those enumerated in s. 220.195, 105 those enumerated in s. 220.184, those enumerated in s. 220.186, 106 those enumerated in s. 220.1845, those enumerated in s. 220.19, 107 those enumerated in s. 220.185, those enumerated in s. 220.1875, 108 those enumerated in s. 220.1876, those enumerated in s. 220.193, 109 those enumerated in s. 288.9916, those enumerated in s. 110 220.1899, those enumerated in s. 220.194, and those enumerated 111 in s. 220.196. 112 Section 4. Paragraph (a) of subsection (1) of section 113 220.13, Florida Statutes, is amended to read: 114 220.13 “Adjusted federal income” defined.— 115 (1) The term “adjusted federal income” means an amount 116 equal to the taxpayer’s taxable income as defined in subsection 117 (2), or such taxable income of more than one taxpayer as 118 provided in s. 220.131, for the taxable year, adjusted as 119 follows: 120 (a) Additions.—There shall be added to such taxable income: 121 1.a. The amount of any tax upon or measured by income, 122 excluding taxes based on gross receipts or revenues, paid or 123 accrued as a liability to the District of Columbia or any state 124 of the United States which is deductible from gross income in 125 the computation of taxable income for the taxable year. 126 b. Notwithstanding sub-subparagraph a., if a credit taken 127 under s. 220.1875 or s. 220.1876 is added to taxable income in a 128 previous taxable year under subparagraph 11. and is taken as a 129 deduction for federal tax purposes in the current taxable year, 130 the amount of the deduction allowed shall not be added to 131 taxable income in the current year. The exception in this sub 132 subparagraph is intended to ensure that the credit under s. 133 220.1875 or s. 220.1876 is added in the applicable taxable year 134 and does not result in a duplicate addition in a subsequent 135 year. 136 2. The amount of interest which is excluded from taxable 137 income under s. 103(a) of the Internal Revenue Code or any other 138 federal law, less the associated expenses disallowed in the 139 computation of taxable income under s. 265 of the Internal 140 Revenue Code or any other law, excluding 60 percent of any 141 amounts included in alternative minimum taxable income, as 142 defined in s. 55(b)(2) of the Internal Revenue Code, if the 143 taxpayer pays tax under s. 220.11(3). 144 3. In the case of a regulated investment company or real 145 estate investment trust, an amount equal to the excess of the 146 net long-term capital gain for the taxable year over the amount 147 of the capital gain dividends attributable to the taxable year. 148 4. That portion of the wages or salaries paid or incurred 149 for the taxable year which is equal to the amount of the credit 150 allowable for the taxable year under s. 220.181. This 151 subparagraph shall expire on the date specified in s. 290.016 152 for the expiration of the Florida Enterprise Zone Act. 153 5. That portion of the ad valorem school taxes paid or 154 incurred for the taxable year which is equal to the amount of 155 the credit allowable for the taxable year under s. 220.182. This 156 subparagraph shall expire on the date specified in s. 290.016 157 for the expiration of the Florida Enterprise Zone Act. 158 6. The amount taken as a credit under s. 220.195 which is 159 deductible from gross income in the computation of taxable 160 income for the taxable year. 161 7. That portion of assessments to fund a guaranty 162 association incurred for the taxable year which is equal to the 163 amount of the credit allowable for the taxable year. 164 8. In the case of a nonprofit corporation which holds a 165 pari-mutuel permit and which is exempt from federal income tax 166 as a farmers’ cooperative, an amount equal to the excess of the 167 gross income attributable to the pari-mutuel operations over the 168 attributable expenses for the taxable year. 169 9. The amount taken as a credit for the taxable year under 170 s. 220.1895. 171 10. Up to nine percent of the eligible basis of any 172 designated project which is equal to the credit allowable for 173 the taxable year under s. 220.185. 174 11. Any
Theamount taken as a credit for the taxable year 175 under s. 220.1875 or s. 220.1876. The addition in this 176 subparagraph is intended to ensure that the same amount is not 177 allowed for the tax purposes of this state as both a deduction 178 from income and a credit against the tax. This addition is not 179 intended to result in adding the same expense back to income 180 more than once. 181 12. The amount taken as a credit for the taxable year under 182 s. 220.193. 183 13. Any portion of a qualified investment, as defined in s. 184 288.9913, which is claimed as a deduction by the taxpayer and 185 taken as a credit against income tax pursuant to s. 288.9916. 186 14. The costs to acquire a tax credit pursuant to s. 187 288.1254(5) that are deducted from or otherwise reduce federal 188 taxable income for the taxable year. 189 15. The amount taken as a credit for the taxable year 190 pursuant to s. 220.194. 191 16. The amount taken as a credit for the taxable year under 192 s. 220.196. The addition in this subparagraph is intended to 193 ensure that the same amount is not allowed for the tax purposes 194 of this state as both a deduction from income and a credit 195 against the tax. The addition is not intended to result in 196 adding the same expense back to income more than once. 197 Section 5. Subsection (2) of section 220.186, Florida 198 Statutes, is amended to read: 199 220.186 Credit for Florida alternative minimum tax.— 200 (2) The credit pursuant to this section shall be the amount 201 of the excess, if any, of the tax paid based upon taxable income 202 determined pursuant to s. 220.13(2)(k) over the amount of tax 203 which would have been due based upon taxable income without 204 application of s. 220.13(2)(k), before application of this 205 credit without application of any credit under s. 220.1875 or s. 206 220.1876. 207 Section 6. Section 220.1876, Florida Statutes, is created 208 to read: 209 220.1876 Credit for contributions to eligible charitable 210 organizations.— 211 (1) For taxable years beginning on or after January 1, 212 2022, there is allowed a credit of 100 percent of an eligible 213 contribution made to an eligible charitable organization under 214 s. 402.62 against any tax due for a taxable year under this 215 chapter after the application of any other allowable credits by 216 the taxpayer. An eligible contribution must be made to an 217 eligible charitable organization on or before the date the 218 taxpayer is required to file a return pursuant to s. 220.222. 219 The credit granted by this section shall be reduced by the 220 difference between the amount of federal corporate income tax, 221 taking into account the credit granted by this section, and the 222 amount of federal corporate income tax without application of 223 the credit granted by this section. 224 (2) A taxpayer who files a Florida consolidated return as a 225 member of an affiliated group pursuant to s. 220.131(1) may be 226 allowed the credit on a consolidated return basis; however, the 227 total credit taken by the affiliated group is subject to the 228 limitation established under subsection (1). 229 (3) Section 402.62 applies to the credit authorized by this 230 section. 231 (4) If a taxpayer applies and is approved for a credit 232 under s. 402.62 after timely requesting an extension to file 233 under s. 220.222(2): 234 (a) The credit does not reduce the amount of tax due for 235 purposes of the department’s determination as to whether the 236 taxpayer was in compliance with the requirement to pay tentative 237 taxes under ss. 220.222 and 220.32. 238 (b) The taxpayer’s noncompliance with the requirement to 239 pay tentative taxes shall result in the revocation and 240 rescindment of any such credit. 241 (c) The taxpayer shall be assessed for any taxes, 242 penalties, or interest due from the taxpayer’s noncompliance 243 with the requirement to pay tentative taxes. 244 Section 7. Section 402.62, Florida Statutes, is created to 245 read: 246 402.62 Strong Families Tax Credit.— 247 (1) DEFINITIONS.—As used in this section, the term: 248 (a) “Annual tax credit amount” means, for any state fiscal 249 year, the sum of the amount of tax credits approved under 250 paragraph (5)(b), including tax credits to be taken under s. 251 211.0252, s. 212.1833, s. 220.1876, s. 561.1212, or s. 252 624.51056, which are approved for taxpayers whose taxable years 253 begin on or after January 1 of the calendar year preceding the 254 start of the applicable state fiscal year. 255 (b) “Division” means the Division of Alcoholic Beverages 256 and Tobacco of the Department of Business and Professional 257 Regulation. 258 (c) “Eligible charitable organization” means an 259 organization designated by the Department of Children and 260 Families to be eligible to receive funding under this section. 261 (d) “Eligible contribution” means a monetary contribution 262 from a taxpayer, subject to the restrictions provided in this 263 section, to an eligible charitable organization. The taxpayer 264 making the contribution may not designate a specific child 265 assisted by the eligible charitable organization as the 266 beneficiary of the contribution. 267 (e) “Tax credit cap amount” means the maximum annual tax 268 credit amount that the Department of Revenue may approve for a 269 state fiscal year. 270 (2) STRONG FAMILIES TAX CREDITS; ELIGIBILITY.— 271 (a) The Department of Children and Families shall designate 272 as an eligible charitable organization an organization that 273 meets all of the following requirements: 274 1. Is exempt from federal income taxation under s. 275 501(c)(3) of the Internal Revenue Code. 276 2. Is a Florida entity formed under chapter 605, chapter 277 607, or chapter 617 and whose principal office is located in 278 this state. 279 3. Provides services to: 280 a. Prevent child abuse, neglect, abandonment, or 281 exploitation; 282 b. Assist fathers in learning and improving parenting 283 skills or to engage absent fathers in being more engaged in 284 their children’s lives; 285 c. Provide books to the homes of children eligible for a 286 federal free or reduced-price meals program or those testing 287 below grade level in kindergarten through Grade 5; 288 d. Assist families with children who have a chronic illness 289 or a physical, intellectual, developmental, or emotional 290 disability; or 291 e. Provide workforce development services to families of 292 children eligible for a federal free or reduced-price meals 293 program. 294 4. Provides to the Department of Children and Families 295 accurate information, including, at a minimum, a description of 296 the services provided by the organization which are eligible for 297 funding under this section; the total number of individuals 298 served through those services during the last calendar year and 299 the number served during the last calendar year using funding 300 under this section; basic financial information regarding the 301 organization and services eligible for funding under this 302 section; outcomes for such services; and contact information for 303 the organization. 304 5. Annually submits a statement signed, under penalty of 305 perjury, by a current officer of the organization, that the 306 organization meets all criteria to qualify as an eligible 307 charitable organization, has fulfilled responsibilities under 308 this section for the previous fiscal year if the organization 309 received any funding through this credit during the previous 310 year, and intends to fulfill its responsibilities during the 311 upcoming year. 312 6. Provides any documentation requested by the Department 313 of Children and Families to verify eligibility as an eligible 314 charitable organization or compliance with this section. 315 (b) The Department of Children and Families may not 316 designate as an eligible charitable organization an organization 317 that: 318 1. Provides abortions, pays for or provides coverage for 319 abortions, or financially supports any other entity that 320 provides, pays for, or provides coverage for abortions; or 321 2. Has received more than 50 percent of its total annual 322 revenue from the Department of Children and Families, either 323 directly or via a contractor of the department, in the prior 324 fiscal year. 325 (3) RESPONSIBILITIES OF ELIGIBLE CHARITABLE ORGANIZATIONS. 326 An eligible charitable organization that receives a contribution 327 under this section must do all of the following: 328 (a) Conduct background screenings on all volunteers and 329 staff working directly with children in any program funded under 330 this section. The background screening shall use level 2 331 screening standards pursuant to s. 435.04. The Department of 332 Children and Families shall specify requirements for background 333 screening in rule. 334 (b) Expend 100 percent of any contributions received under 335 this section for direct services to state residents for the 336 purposes specified in subparagraph (2)(a)3. 337 (c) Annually submit to the Department of Children and 338 Families: 339 1. An audit of the eligible charitable organization 340 conducted by an independent certified public accountant in 341 accordance with auditing standards generally accepted in the 342 United States, government auditing standards, and rules adopted 343 by the Auditor General. The audit report must include a report 344 on financial statements presented in accordance with generally 345 accepted accounting principles. The audit report must be 346 provided to the Department of Children and Families within 180 347 days after completion of the eligible charitable organization’s 348 fiscal year; and 349 2. A copy of the eligible charitable organization’s most 350 recent federal Internal Revenue Service Return of Organization 351 Exempt from Income Tax form (Form 990). 352 (d) Notify the Department of Children and Families within 5 353 business days after the eligible charitable organization ceases 354 to meet eligibility requirements or fails to fulfill its 355 responsibilities under this section. 356 (e) Upon receipt of a contribution, provide the taxpayer 357 that made the contribution with a certificate of contribution. A 358 certificate of contribution must include the taxpayer’s name 359 and, if available, its federal employer identification number, 360 the amount contributed, the date of contribution, and the name 361 of the eligible charitable organization. 362 (4) RESPONSIBILITIES OF THE DEPARTMENT.—The Department of 363 Children and Families shall do all of the following: 364 (a) Annually redesignate eligible charitable organizations 365 that have complied with all requirements of this section. 366 (b) Remove the designation of organizations that fail to 367 meet all requirements of this section. An organization that has 368 had its designation removed by the department may reapply for 369 designation as an eligible charitable organization, and the 370 department shall redesignate such organization if it meets the 371 requirements of this section and demonstrates through its 372 application that all factors leading to its removal as an 373 eligible charitable organization have been sufficiently 374 addressed. 375 (c) Publish information about the tax credit program and 376 eligible charitable organizations on a Department of Children 377 and Families website. The website shall, at a minimum, provide 378 all of the following: 379 1. The requirements and process for becoming designated or 380 redesignated as an eligible charitable organization. 381 2. A list of the eligible charitable organizations that are 382 currently designated by the department and the information 383 provided under subparagraph (2)(a)5. regarding each eligible 384 charitable organization. 385 3. The process for a taxpayer to select an eligible 386 charitable organization as the recipient of funding through a 387 tax credit. 388 (d) Compel the return of funds that are provided to an 389 eligible charitable organization that fails to comply with the 390 requirements of this section. Eligible charitable organizations 391 that are subject to return of funds are ineligible to receive 392 funding under this section for a period 10 years after final 393 agency action to compel the return of funding. 394 (5) STRONG FAMILIES TAX CREDITS; APPLICATIONS, TRANSFERS, 395 AND LIMITATIONS.— 396 (a) The tax credit cap amount is $5 million in each state 397 fiscal year. 398 (b) Beginning October 1, 2021, a taxpayer may submit an 399 application to the Department of Revenue for a tax credit or 400 credits to be taken under one or more of s. 211.0252, s. 401 212.1833, s. 220.1876, s. 561.1212, or s. 624.51056. 402 1. The taxpayer shall specify in the application each tax 403 for which the taxpayer requests a credit and the applicable 404 taxable year for a credit under s. 220.1876 or s. 624.51056 or 405 the applicable state fiscal year for a credit under s. 211.0252, 406 s. 212.1833, or s. 561.1212. For purposes of s. 220.1876, a 407 taxpayer may apply for a credit to be used for a prior taxable 408 year before the date the taxpayer is required to file a return 409 for that year pursuant to s. 220.222. For purposes of s. 410 624.51056, a taxpayer may apply for a credit to be used for a 411 prior taxable year before the date the taxpayer is required to 412 file a return for that prior taxable year pursuant to ss. 413 624.509 and 624.5092. The application must specify the eligible 414 charitable organization to which the proposed contribution will 415 be made. The Department of Revenue shall approve tax credits on 416 a first-come, first-served basis and must obtain the division’s 417 approval before approving a tax credit under s. 561.1212. 418 2. Within 10 days after approving or denying an 419 application, the Department of Revenue shall provide a copy of 420 its approval or denial letter to the eligible charitable 421 organization specified by the taxpayer in the application. 422 (c) If a tax credit approved under paragraph (b) is not 423 fully used within the specified state fiscal year for credits 424 under s. 211.0252, s. 212.1833, or s. 561.1212 or against taxes 425 due for the specified taxable year for credits under s. 220.1876 426 or s. 624.51056 because of insufficient tax liability on the 427 part of the taxpayer, the unused amount must be carried forward 428 for a period not to exceed 10 years. For purposes of s. 429 220.1876, a credit carried forward may be used in a subsequent 430 year after applying the other credits and unused carryovers in 431 the order provided in s. 220.02(8). 432 (d) A taxpayer may not convey, transfer, or assign an 433 approved tax credit or a carryforward tax credit to another 434 entity unless all of the assets of the taxpayer are conveyed, 435 assigned, or transferred in the same transaction. However, a tax 436 credit under s. 211.0252, s. 212.1833, s. 220.1876, s. 561.1212, 437 or s. 624.51056 may be conveyed, transferred, or assigned 438 between members of an affiliated group of corporations if the 439 type of tax credit under s. 211.0252, s. 212.1833, s. 220.1876, 440 s. 561.1212, or s. 624.51056 remains the same. A taxpayer shall 441 notify the Department of Revenue of its intent to convey, 442 transfer, or assign a tax credit to another member within an 443 affiliated group of corporations. The amount conveyed, 444 transferred, or assigned is available to another member of the 445 affiliated group of corporations upon approval by the Department 446 of Revenue. The Department of Revenue shall obtain the 447 division’s approval before approving a conveyance, transfer, or 448 assignment of a tax credit under s. 561.1212. 449 (e) Within any state fiscal year, a taxpayer may rescind 450 all or part of a tax credit approved under paragraph (b). The 451 amount rescinded shall become available for that state fiscal 452 year to another eligible taxpayer as approved by the Department 453 of Revenue if the taxpayer receives notice from the Department 454 of Revenue that the rescindment has been accepted by the 455 Department of Revenue. The Department of Revenue must obtain the 456 division’s approval before accepting the rescindment of a tax 457 credit under s. 561.1212. Any amount rescinded under this 458 paragraph must become available to an eligible taxpayer on a 459 first-come, first-served basis based on tax credit applications 460 received after the date the rescindment is accepted by the 461 Department of Revenue. 462 (f) Within 10 days after approving or denying the 463 conveyance, transfer, or assignment of a tax credit under 464 paragraph (d), or the rescindment of a tax credit under 465 paragraph (e), the Department of Revenue shall provide a copy of 466 its approval or denial letter to the eligible charitable 467 organization specified by the taxpayer. The Department of 468 Revenue shall also include the eligible charitable organization 469 specified by the taxpayer on all letters or correspondence of 470 acknowledgment for tax credits under s. 212.1833. 471 (g) For purposes of calculating the underpayment of 472 estimated corporate income taxes under s. 220.34 and tax 473 installment payments for taxes on insurance premiums or 474 assessments under s. 624.5092, the final amount due is the 475 amount after credits earned under s. 220.1876 or s. 624.51056 476 for contributions to eligible charitable organizations are 477 deducted. 478 1. For purposes of determining if a penalty or interest 479 under s. 220.34(2)(d)1. will be imposed for underpayment of 480 estimated corporate income tax, a taxpayer may, after earning a 481 credit under s. 220.1876, reduce any estimated payment in that 482 taxable year by the amount of the credit. 483 2. For purposes of determining if a penalty under s. 484 624.5092 will be imposed, an insurer, after earning a credit 485 under s. 624.51056 for a taxable year, may reduce any 486 installment payment for such taxable year of 27 percent of the 487 amount of the net tax due as reported on the return for the 488 preceding year under s. 624.5092(2)(b) by the amount of the 489 credit. 490 (6) PRESERVATION OF CREDIT.—If any provision or portion of 491 this section, s. 211.0252, s. 212.1833, s. 220.1876, s. 492 561.1212, or s. 624.51056 or the application thereof to any 493 person or circumstance is held unconstitutional by any court or 494 is otherwise declared invalid, the unconstitutionality or 495 invalidity shall not affect any credit earned under s. 211.0252, 496 s. 212.1833, s. 220.1876, s. 561.1212, or s. 624.51056 by any 497 taxpayer with respect to any contribution paid to an eligible 498 charitable organization before the date of a determination of 499 unconstitutionality or invalidity. The credit shall be allowed 500 at such time and in such a manner as if a determination of 501 unconstitutionality or invalidity had not been made, provided 502 that nothing in this subsection by itself or in combination with 503 any other provision of law may result in the allowance of any 504 credit to any taxpayer in excess of one dollar of credit for 505 each dollar paid to an eligible charitable organization. 506 (7) ADMINISTRATION; RULES.— 507 (a) The Department of Revenue, the division, and the 508 Department of Children and Families may develop a cooperative 509 agreement to assist in the administration of this section, as 510 needed. 511 (b) The Department of Revenue may adopt rules necessary to 512 administer this section and ss. 211.0252, 212.1833, 220.1876, 513 561.1212, and 624.51056, including rules establishing 514 application forms, procedures governing the approval of tax 515 credits and carryforward tax credits under subsection (5), and 516 procedures to be followed by taxpayers when claiming approved 517 tax credits on their returns. 518 (c) The division may adopt rules necessary to administer 519 its responsibilities under this section and s. 561.1212. 520 (d) The Department of Children and Families may adopt rules 521 necessary to administer this section, including, but not limited 522 to, rules establishing application forms for organizations 523 seeking designation as eligible charitable organizations under 524 this act. 525 (e) Notwithstanding any provision of s. 213.053 to the 526 contrary, sharing information with the division related to this 527 tax credit is considered the conduct of the Department of 528 Revenue’s official duties as contemplated in s. 213.053(8)(c), 529 and the Department of Revenue and the division are specifically 530 authorized to share information as needed to administer this 531 program. 532 Section 8. Section 561.1212, Florida Statutes, is created 533 to read: 534 561.1212 Credit for contributions to eligible charitable 535 organizations.—Beginning January 1, 2022, there is allowed a 536 credit of 100 percent of an eligible contribution made to an 537 eligible charitable organization under s. 402.62 against any tax 538 due under s. 563.05, s. 564.06, or s. 565.12, except excise 539 taxes imposed on wine produced by manufacturers in this state 540 from products grown in this state. However, a credit allowed 541 under this section may not exceed 90 percent of the tax due on 542 the return on which the credit is taken. For purposes of the 543 distributions of tax revenue under ss. 561.121 and 564.06(10), 544 the division shall disregard any tax credits allowed under this 545 section to ensure that any reduction in tax revenue received 546 which is attributable to the tax credits results only in a 547 reduction in distributions to the General Revenue Fund. The 548 provisions of s. 402.62 apply to the credit authorized by this 549 section. 550 Section 9. Section 624.51056, Florida Statutes, is created 551 to read: 552 624.51056 Credit for contributions to eligible charitable 553 organizations.— 554 (1) For taxable years beginning on or after January 1, 555 2022, there is allowed a credit of 100 percent of an eligible 556 contribution made to an eligible charitable organization under 557 s. 402.62 against any tax due for a taxable year under s. 558 624.509(1) after deducting from such tax deductions for 559 assessments made pursuant to s. 440.51; credits for taxes paid 560 under ss. 175.101 and 185.08; credits for income taxes paid 561 under chapter 220; and the credit allowed under s. 624.509(5), 562 as such credit is limited by s. 624.509(6). An eligible 563 contribution must be made to an eligible charitable organization 564 on or before the date the taxpayer is required to file a return 565 pursuant to ss. 624.509 and 624.5092. An insurer claiming a 566 credit against premium tax liability under this section is not 567 required to pay any additional retaliatory tax levied under s. 568 624.5091 as a result of claiming such credit. Section 624.5091 569 does not limit such credit in any manner. 570 (2) Section 402.62 applies to the credit authorized by this 571 section. 572 Section 10. The Department of Revenue is authorized, and 573 all conditions are deemed met, to adopt emergency rules under 574 section 120.54(4), Florida Statutes, for the purpose of 575 implementing provisions related to the Strong Families Tax 576 Credit created by this act. Notwithstanding any other law, 577 emergency rules adopted under this section are effective for 6 578 months after adoption and may be renewed during the pendency of 579 procedures to adopt permanent rules addressing the subject of 580 the emergency rules. 581 Section 11. For the 2021-2022 fiscal year, the sum of 582 $208,000 in nonrecurring funds is appropriated from the General 583 Revenue Fund to the Department of Revenue for the purpose of 584 implementing the provisions related to the Strong Families Tax 585 Credit created by this act. 586 Section 12. The Florida Institute for Child Welfare shall 587 analyze the use of funding provided by the tax credit authorized 588 under section 402.62, Florida Statutes, and submit a report to 589 the Governor, the President of the Senate, and the Speaker of 590 the House of Representatives by October 31, 2025. The report 591 must, at a minimum, include the total funding amount and 592 categorize the funding by type of program, describe the programs 593 that were funded, and assess the outcomes that were achieved 594 using the funding. 595 Section 13. This act shall take effect July 1, 2021.