Florida Senate - 2021                       CS for CS for SB 908
       
       
        
       By the Committees on Finance and Tax; and Children, Families,
       and Elder Affairs; and Senator Rodrigues
       
       
       
       
       593-03640-21                                           2021908c2
    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 the credit; creating
   19         s. 402.62, F.S.; creating the Strong Families Tax
   20         Credit; defining terms; specifying requirements for
   21         the Department of Children and Families in designating
   22         eligible charitable organizations; specifying
   23         requirements for eligible charitable organizations
   24         receiving contributions; specifying duties of the
   25         Department of Children and Families; specifying a
   26         limitation on, and application procedures for, the tax
   27         credit; specifying requirements and procedures for,
   28         and restrictions on, the carryforward, conveyance,
   29         transfer, assignment, and rescindment of credits;
   30         specifying requirements and procedures for the
   31         Department of Revenue; providing construction;
   32         authorizing the Department of Revenue, the Division of
   33         Alcoholic Beverages and Tobacco of the Department of
   34         Business and Professional Regulation, and the
   35         Department of Children and Families to develop a
   36         cooperative agreement and adopt rules; authorizing
   37         certain interagency information sharing; creating ss.
   38         561.1212 and 624.51056, F.S.; providing credits
   39         against excise taxes on certain alcoholic beverages
   40         and the insurance premium tax, respectively, under the
   41         Strong Families Tax Credit; specifying requirements
   42         and procedures for, and limitations on, the credits;
   43         authorizing the Department of Revenue to adopt
   44         emergency rules to implement provisions related to the
   45         Strong Families Tax Credit; providing an
   46         appropriation; requiring the Florida Institute for
   47         Child Welfare to provide a certain report to the
   48         Governor and the Legislature by a specified date;
   49         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 The amount 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         (2)A taxpayer who files a Florida consolidated return as a
  220  member of an affiliated group pursuant to s. 220.131(1) may be
  221  allowed the credit on a consolidated return basis.
  222         (3)Section 402.62 applies to the credit authorized by this
  223  section.
  224         (4)If a taxpayer applies and is approved for a credit
  225  under s. 402.62 after timely requesting an extension to file
  226  under s. 220.222(2):
  227         (a)The credit does not reduce the amount of tax due for
  228  purposes of the department’s determination as to whether the
  229  taxpayer was in compliance with the requirement to pay tentative
  230  taxes under ss. 220.222 and 220.32.
  231         (b)The taxpayer’s noncompliance with the requirement to
  232  pay tentative taxes shall result in the revocation and
  233  rescindment of any such credit.
  234         (c)The taxpayer shall be assessed for any taxes,
  235  penalties, or interest due from the taxpayer’s noncompliance
  236  with the requirement to pay tentative taxes.
  237         Section 7. Section 402.62, Florida Statutes, is created to
  238  read:
  239         402.62Strong Families Tax Credit.—
  240         (1)DEFINITIONS.—As used in this section, the term:
  241         (a)“Annual tax credit amount” means, for any state fiscal
  242  year, the sum of the amount of tax credits approved under
  243  paragraph (5)(b), including tax credits to be taken under s.
  244  211.0252, s. 212.1833, s. 220.1876, s. 561.1212, or s.
  245  624.51056, which are approved for taxpayers whose taxable years
  246  begin on or after January 1 of the calendar year preceding the
  247  start of the applicable state fiscal year.
  248         (b)“Division” means the Division of Alcoholic Beverages
  249  and Tobacco of the Department of Business and Professional
  250  Regulation.
  251         (c)“Eligible charitable organization” means an
  252  organization designated by the Department of Children and
  253  Families to be eligible to receive funding under this section.
  254         (d)“Eligible contribution” means a monetary contribution
  255  from a taxpayer, subject to the restrictions provided in this
  256  section, to an eligible charitable organization. The taxpayer
  257  making the contribution may not designate a specific child
  258  assisted by the eligible charitable organization as the
  259  beneficiary of the contribution.
  260         (e)“Tax credit cap amount” means the maximum annual tax
  261  credit amount that the Department of Revenue may approve for a
  262  state fiscal year.
  263         (2)STRONG FAMILIES TAX CREDITS; ELIGIBILITY.—
  264         (a)The Department of Children and Families shall designate
  265  as an eligible charitable organization an organization that
  266  meets all of the following requirements:
  267         1.Is exempt from federal income taxation under s.
  268  501(c)(3) of the Internal Revenue Code.
  269         2.Is a Florida entity formed under chapter 605, chapter
  270  607, or chapter 617 and whose principal office is located in
  271  this state.
  272         3.Provides services to:
  273         a.Prevent child abuse, neglect, abandonment, or
  274  exploitation;
  275         b.Assist fathers in learning and improving parenting
  276  skills or to engage absent fathers in being more engaged in
  277  their children’s lives;
  278         c.Provide books to the homes of children eligible for a
  279  federal free or reduced-price meals program or those testing
  280  below grade level in kindergarten through grade 5;
  281         d.Assist families with children who have a chronic illness
  282  or a physical, intellectual, developmental, or emotional
  283  disability; or
  284         e.Provide workforce development services to families of
  285  children eligible for a federal free or reduced-price meals
  286  program.
  287         4.Provides to the Department of Children and Families
  288  accurate information, including, at a minimum, a description of
  289  the services provided by the organization which are eligible for
  290  funding under this section; the total number of individuals
  291  served through those services during the last calendar year and
  292  the number served during the last calendar year using funding
  293  under this section; basic financial information regarding the
  294  organization and services eligible for funding under this
  295  section; outcomes for such services; and contact information for
  296  the organization.
  297         5.Annually submits a statement, signed under penalty of
  298  perjury by a current officer of the organization, that the
  299  organization meets all criteria to qualify as an eligible
  300  charitable organization, has fulfilled responsibilities under
  301  this section for the previous fiscal year if the organization
  302  received any funding through this credit during the previous
  303  year, and intends to fulfill its responsibilities during the
  304  upcoming year.
  305         6.Provides any documentation requested by the Department
  306  of Children and Families to verify eligibility as an eligible
  307  charitable organization or compliance with this section.
  308         (b)The Department of Children and Families may not
  309  designate as an eligible charitable organization an organization
  310  that:
  311         1.Provides abortions or pays for or provides coverage for
  312  abortions; or
  313         2.Has received more than 50 percent of its total annual
  314  revenue from the Department of Children and Families, either
  315  directly or via a contractor of the department, in the prior
  316  fiscal year.
  317         (3)RESPONSIBILITIES OF ELIGIBLE CHARITABLE ORGANIZATIONS.
  318  An eligible charitable organization that receives a contribution
  319  under this section must do all of the following:
  320         (a) Apply for admittance into the Department of Law
  321  Enforcement’s Volunteer and Employee Criminal History System
  322  and, if accepted, conduct background screening on all volunteers
  323  and staff working directly with children in any program funded
  324  under this section pursuant to s. 943.0542. Background screening
  325  shall use level 2 screening standards pursuant to s. 435.04 and
  326  additionally include, but need not be limited to, a check of the
  327  Dru Sjodin National Sex Offender Public Website.
  328         (b)Expend 100 percent of any contributions received under
  329  this section for direct services to state residents for the
  330  purposes specified in subparagraph (2)(a)3.
  331         (c)Annually submit to the Department of Children and
  332  Families:
  333         1.An audit of the eligible charitable organization
  334  conducted by an independent certified public accountant in
  335  accordance with auditing standards generally accepted in the
  336  United States, government auditing standards, and rules adopted
  337  by the Auditor General. The audit report must include a report
  338  on financial statements presented in accordance with generally
  339  accepted accounting principles. The audit report must be
  340  provided to the Department of Children and Families within 180
  341  days after completion of the eligible charitable organization’s
  342  fiscal year; and
  343         2.A copy of the eligible charitable organization’s most
  344  recent federal Internal Revenue Service Return of Organization
  345  Exempt from Income Tax form (Form 990).
  346         (d)Notify the Department of Children and Families within 5
  347  business days after the eligible charitable organization ceases
  348  to meet eligibility requirements or fails to fulfill its
  349  responsibilities under this section.
  350         (e)Upon receipt of a contribution, provide the taxpayer
  351  that made the contribution with a certificate of contribution. A
  352  certificate of contribution must include the taxpayer’s name
  353  and, if available, its federal employer identification number,
  354  the amount contributed, the date of contribution, and the name
  355  of the eligible charitable organization.
  356         (4)RESPONSIBILITIES OF THE DEPARTMENT.—The Department of
  357  Children and Families shall do all of the following:
  358         (a)Annually redesignate eligible charitable organizations
  359  that have complied with all requirements of this section.
  360         (b)Remove the designation of organizations that fail to
  361  meet all requirements of this section. An organization that has
  362  had its designation removed by the department may reapply for
  363  designation as an eligible charitable organization, and the
  364  department shall redesignate such organization, if it meets the
  365  requirements of this section and demonstrates through its
  366  application that all factors leading to its removal as an
  367  eligible charitable organization have been sufficiently
  368  addressed.
  369         (c)Publish information about the tax credit program and
  370  eligible charitable organizations on a Department of Children
  371  and Families website. The website must, at a minimum, provide
  372  all of the following:
  373         1.The requirements and process for becoming designated or
  374  redesignated as an eligible charitable organization.
  375         2.A list of the eligible charitable organizations that are
  376  currently designated by the department and the information
  377  provided under subparagraph (2)(a)4. regarding each eligible
  378  charitable organization.
  379         3.The process for a taxpayer to select an eligible
  380  charitable organization as the recipient of funding through a
  381  tax credit.
  382         (d)Compel the return of funds that are provided to an
  383  eligible charitable organization that fails to comply with the
  384  requirements of this section. Eligible charitable organizations
  385  that are subject to return of funds are ineligible to receive
  386  funding under this section for a period 10 years after final
  387  agency action to compel the return of funding.
  388         (5)STRONG FAMILIES TAX CREDITS; APPLICATIONS, TRANSFERS,
  389  AND LIMITATIONS.—
  390         (a)Beginning in fiscal year 2021-2022, the tax credit cap
  391  amount is $5 million in each state fiscal year.
  392         (b)Beginning October 1, 2021, a taxpayer may submit an
  393  application to the Department of Revenue for a tax credit or
  394  credits to be taken under one or more of s. 211.0252, s.
  395  212.1833, s. 220.1876, s. 561.1212, or s. 624.51056.
  396         1.The taxpayer shall specify in the application each tax
  397  for which the taxpayer requests a credit and the applicable
  398  taxable year for a credit under s. 220.1876 or s. 624.51056 or
  399  the applicable state fiscal year for a credit under s. 211.0252,
  400  s. 212.1833, or s. 561.1212. For purposes of s. 220.1876, a
  401  taxpayer may apply for a credit to be used for a prior taxable
  402  year before the date the taxpayer is required to file a return
  403  for that year pursuant to s. 220.222. For purposes of s.
  404  624.51056, a taxpayer may apply for a credit to be used for a
  405  prior taxable year before the date the taxpayer is required to
  406  file a return for that prior taxable year pursuant to ss.
  407  624.509 and 624.5092. The application must specify the eligible
  408  charitable organization to which the proposed contribution will
  409  be made. The Department of Revenue shall approve tax credits on
  410  a first-come, first-served basis and must obtain the division’s
  411  approval before approving a tax credit under s. 561.1212.
  412         2.Within 10 days after approving or denying an
  413  application, the Department of Revenue shall provide a copy of
  414  its approval or denial letter to the eligible charitable
  415  organization specified by the taxpayer in the application.
  416         (c)If a tax credit approved under paragraph (b) is not
  417  fully used within the specified state fiscal year for credits
  418  under s. 211.0252, s. 212.1833, or s. 561.1212 or against taxes
  419  due for the specified taxable year for credits under s. 220.1876
  420  or s. 624.51056 because of insufficient tax liability on the
  421  part of the taxpayer, the unused amount must be carried forward
  422  for a period not to exceed 10 years. For purposes of s.
  423  220.1876, a credit carried forward may be used in a subsequent
  424  year after applying the other credits and unused carryovers in
  425  the order provided in s. 220.02(8).
  426         (d)A taxpayer may not convey, transfer, or assign an
  427  approved tax credit or a carryforward tax credit to another
  428  entity unless all of the assets of the taxpayer are conveyed,
  429  assigned, or transferred in the same transaction. However, a tax
  430  credit under s. 211.0252, s. 212.1833, s. 220.1876, s. 561.1212,
  431  or s. 624.51056 may be conveyed, transferred, or assigned
  432  between members of an affiliated group of corporations if the
  433  type of tax credit under s. 211.0252, s. 212.1833, s. 220.1876,
  434  s. 561.1212, or s. 624.51056 remains the same. A taxpayer shall
  435  notify the Department of Revenue of its intent to convey,
  436  transfer, or assign a tax credit to another member within an
  437  affiliated group of corporations. The amount conveyed,
  438  transferred, or assigned is available to another member of the
  439  affiliated group of corporations upon approval by the Department
  440  of Revenue. The Department of Revenue shall obtain the
  441  division’s approval before approving a conveyance, transfer, or
  442  assignment of a tax credit under s. 561.1212.
  443         (e)Within any state fiscal year, a taxpayer may rescind
  444  all or part of a tax credit approved under paragraph (b). The
  445  amount rescinded shall become available for that state fiscal
  446  year to another eligible taxpayer as approved by the Department
  447  of Revenue if the taxpayer receives notice from the Department
  448  of Revenue that the rescindment has been accepted by the
  449  Department of Revenue. The Department of Revenue must obtain the
  450  division’s approval before accepting the rescindment of a tax
  451  credit under s. 561.1212. Any amount rescinded under this
  452  paragraph must become available to an eligible taxpayer on a
  453  first-come, first-served basis based on tax credit applications
  454  received after the date the rescindment is accepted by the
  455  Department of Revenue.
  456         (f)Within 10 days after approving or denying the
  457  conveyance, transfer, or assignment of a tax credit under
  458  paragraph (d), or the rescindment of a tax credit under
  459  paragraph (e), the Department of Revenue shall provide a copy of
  460  its approval or denial letter to the eligible charitable
  461  organization specified by the taxpayer. The Department of
  462  Revenue shall also include the eligible charitable organization
  463  specified by the taxpayer on all letters or correspondence of
  464  acknowledgment for tax credits under s. 212.1833.
  465         (g)For purposes of calculating the underpayment of
  466  estimated corporate income taxes under s. 220.34 and tax
  467  installment payments for taxes on insurance premiums or
  468  assessments under s. 624.5092, the final amount due is the
  469  amount after credits earned under s. 220.1876 or s. 624.51056
  470  for contributions to eligible charitable organizations are
  471  deducted.
  472         1.For purposes of determining if a penalty or interest
  473  under s. 220.34(2)(d)1. will be imposed for underpayment of
  474  estimated corporate income tax, a taxpayer may, after earning a
  475  credit under s. 220.1876, reduce any estimated payment in that
  476  taxable year by the amount of the credit.
  477         2.For purposes of determining if a penalty under s.
  478  624.5092 will be imposed, an insurer, after earning a credit
  479  under s. 624.51056 for a taxable year, may reduce any
  480  installment payment for such taxable year of 27 percent of the
  481  amount of the net tax due as reported on the return for the
  482  preceding year under s. 624.5092(2)(b) by the amount of the
  483  credit.
  484         (6)PRESERVATION OF CREDIT.—If any provision or portion of
  485  this section, s. 211.0252, s. 212.1833, s. 220.1876, s.
  486  561.1212, or s. 624.51056 or the application thereof to any
  487  person or circumstance is held unconstitutional by any court or
  488  is otherwise declared invalid, the unconstitutionality or
  489  invalidity shall not affect any credit earned under s. 211.0252,
  490  s. 212.1833, s. 220.1876, s. 561.1212, or s. 624.51056 by any
  491  taxpayer with respect to any contribution paid to an eligible
  492  charitable organization before the date of a determination of
  493  unconstitutionality or invalidity. The credit shall be allowed
  494  at such time and in such a manner as if a determination of
  495  unconstitutionality or invalidity had not been made, provided
  496  that nothing in this subsection by itself or in combination with
  497  any other provision of law may result in the allowance of any
  498  credit to any taxpayer in excess of one dollar of credit for
  499  each dollar paid to an eligible charitable organization.
  500         (7)ADMINISTRATION; RULES.—
  501         (a)The Department of Revenue, the division, and the
  502  Department of Children and Families may develop a cooperative
  503  agreement to assist in the administration of this section, as
  504  needed.
  505         (b)The Department of Revenue may adopt rules necessary to
  506  administer this section and ss. 211.0252, 212.1833, 220.1876,
  507  561.1212, and 624.51056, including rules establishing
  508  application forms, procedures governing the approval of tax
  509  credits and carryforward tax credits under subsection (5), and
  510  procedures to be followed by taxpayers when claiming approved
  511  tax credits on their returns.
  512         (c)The division may adopt rules necessary to administer
  513  its responsibilities under this section and s. 561.1212.
  514         (d)The Department of Children and Families may adopt rules
  515  necessary to administer this section, including, but not limited
  516  to, rules establishing application forms for organizations
  517  seeking designation as eligible charitable organizations under
  518  this act.
  519         (e)Notwithstanding any provision of s. 213.053 to the
  520  contrary, sharing information with the division related to this
  521  tax credit is considered the conduct of the Department of
  522  Revenue’s official duties as contemplated in s. 213.053(8)(c),
  523  and the Department of Revenue and the division are specifically
  524  authorized to share information as needed to administer this
  525  program.
  526         Section 8. Section 561.1212, Florida Statutes, is created
  527  to read:
  528         561.1212 Credit for contributions to eligible charitable
  529  organizations.—Beginning January 1, 2022, there is allowed a
  530  credit of 100 percent of an eligible contribution made to an
  531  eligible charitable organization under s. 402.62 against any tax
  532  due under s. 563.05, s. 564.06, or s. 565.12, except excise
  533  taxes imposed on wine produced by manufacturers in this state
  534  from products grown in this state. However, a credit allowed
  535  under this section may not exceed 90 percent of the tax due on
  536  the return on which the credit is taken. For purposes of the
  537  distributions of tax revenue under ss. 561.121 and 564.06(10),
  538  the division shall disregard any tax credits allowed under this
  539  section to ensure that any reduction in tax revenue received
  540  which is attributable to the tax credits results only in a
  541  reduction in distributions to the General Revenue Fund. The
  542  provisions of s. 402.62 apply to the credit authorized by this
  543  section.
  544         Section 9. Section 624.51056, Florida Statutes, is created
  545  to read:
  546         624.51056 Credit for contributions to eligible charitable
  547  organizations.—
  548         (1)For taxable years beginning on or after January 1,
  549  2022, there is allowed a credit of 100 percent of an eligible
  550  contribution made to an eligible charitable organization under
  551  s. 402.62 against any tax due for a taxable year under s.
  552  624.509(1) after deducting from such tax deductions for
  553  assessments made pursuant to s. 440.51; credits for taxes paid
  554  under ss. 175.101 and 185.08; credits for income taxes paid
  555  under chapter 220; and the credit allowed under s. 624.509(5),
  556  as such credit is limited by s. 624.509(6). An eligible
  557  contribution must be made to an eligible charitable organization
  558  on or before the date the taxpayer is required to file a return
  559  pursuant to ss. 624.509 and 624.5092. An insurer claiming a
  560  credit against premium tax liability under this section is not
  561  required to pay any additional retaliatory tax levied under s.
  562  624.5091 as a result of claiming such credit. Section 624.5091
  563  does not limit such credit in any manner.
  564         (2)Section 402.62 applies to the credit authorized by this
  565  section.
  566         Section 10. The Department of Revenue is authorized, and
  567  all conditions are deemed met, to adopt emergency rules under s.
  568  120.54(4), Florida Statutes, for the purpose of implementing
  569  provisions related to the Strong Families Tax Credit created by
  570  this act. Notwithstanding any other law, emergency rules adopted
  571  under this section are effective for 6 months after adoption and
  572  may be renewed during the pendency of procedures to adopt
  573  permanent rules addressing the subject of the emergency rules.
  574         Section 11. For the 2021-2022 fiscal year, the sum of
  575  $208,000 in nonrecurring funds is appropriated from the General
  576  Revenue Fund to the Department of Revenue for the purpose of
  577  implementing the provisions related to the Strong Families Tax
  578  Credit created by this act.
  579         Section 12. The Florida Institute for Child Welfare shall
  580  analyze the use of funding provided by the tax credit authorized
  581  under s. 402.62, Florida Statutes, and submit a report to the
  582  Governor, the President of the Senate, and the Speaker of the
  583  House of Representatives by October 31, 2025. The report must,
  584  at a minimum, include the total funding amount and categorize
  585  the funding by type of program, describe the programs that were
  586  funded, and assess the outcomes that were achieved using the
  587  funding.
  588         Section 13. This act shall take effect July 1, 2021.