House Bill 1127
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Florida House of Representatives - 2000 HB 1127
By Representatives Argenio, Feeney, Fasano, Byrd, Wise,
Brummer, Patterson, Littlefield, Bense, Goodlette, Cantens,
Rubio, Futch, Minton, Wallace, Pruitt, Tullis, Russell, J.
Miller, Alexander, Trovillion, Bitner, Prieguez, Flanagan,
(Additional Sponsors on Last Printed Page)
1 A bill to be entitled
2 An act relating to corporate income tax;
3 creating s. 220.187, F.S.; providing purpose
4 and intent; providing definitions; providing a
5 credit against said tax for a portion of
6 contributions to a nonprofit scholarship
7 funding organization or a public school for
8 scholarships; providing limitations; providing
9 for rules; providing an effective date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Section 220.187, Florida Statutes, is
14 created to read:
15 220.187 Credits for contributions to scholarship
16 funding organizations or public schools.--
17 (1) PURPOSE AND INTENT.--
18 (a) The purpose of this section is to:
19 1. Provide a tax credit for certain contributions to a
20 nonprofit scholarship funding organization or public school.
21 2. Enable corporations in this state to provide
22 greater financial resources for public schools.
23 3. Expand educational opportunities for children of
24 families that have limited financial resources.
25 4. Enable children in this state to achieve a greater
26 level of excellence in their education.
27 (b) In enacting this section, the Legislature
28 recognizes diversity among children and affirms that every
29 child is unique. The Legislature also affirms that children
30 learn differently from one another and may benefit from
31 expanded educational opportunities.
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Florida House of Representatives - 2000 HB 1127
735-103-00
1 (c) It is the intent of the Legislature that freedom
2 of religion of all citizens is inviolate and that nothing in
3 this section be construed to cause excessive governmental
4 entanglement with the religious instruction of a nonpublic
5 school. With respect to a nonpublic school, nothing in this
6 section gives a governmental agency authority to regulate,
7 control, supervise, or in any way be involved in the:
8 1. Form, manner, or content of religious instruction,
9 ministry, teaching, or curriculum offered by the nonpublic
10 school.
11 2. Ability of the nonpublic school to select and
12 supervise qualified personnel and otherwise control the terms
13 of employment, including the right to employ individuals who
14 share the religious views of the school.
15 3. Internal self-governance and autonomy of the
16 nonpublic school.
17 4. Religious environment of the nonpublic school, such
18 as symbols, art, icons, and scripture.
19 (2) DEFINITIONS.--As used in this section:
20 (a) "Eligible contribution" means a contribution to a
21 public school or nonprofit scholarship funding organization
22 if:
23 1. The contribution is used to provide scholarships
24 for tuition, transportation, or textbook expenses to children
25 enrolled in an eligible school.
26 2. The taxpayer making the contribution does not
27 designate a specific child as the beneficiary of the
28 contribution.
29 (b) "Eligible school" means a public or nonpublic
30 primary or secondary school located in this state that offers
31 a general education to primary or secondary students and does
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Florida House of Representatives - 2000 HB 1127
735-103-00
1 not discriminate on the basis of race, color, or national
2 origin.
3 (c) "Nonprofit scholarship funding organization" means
4 a charitable organization that is exempt from federal income
5 tax pursuant to s. 501(c)(3) of the Internal Revenue Code and
6 that allocates at least 90 percent of its annual revenue to
7 providing scholarships for tuition, transportation, and
8 textbook expenses to children enrolled in an eligible school,
9 giving priority to children who demonstrate a need for the
10 scholarships.
11 (3) CREDIT AUTHORIZED.--There shall be allowed a
12 credit equal to 65 percent of all eligible contributions made
13 by a taxpayer during a taxable year against any tax due for
14 that taxable year under this chapter. However:
15 (a) For credits claimed for contributions to nonprofit
16 scholarship funding organizations, such credits shall not
17 exceed 75 percent of the tax due under this chapter for the
18 taxable year after the application of any other allowable
19 credits by the taxpayer.
20 (b) For credits claimed for contributions to public
21 schools, such credits shall not exceed 5 percent of the tax
22 due under this chapter for the taxable year after the
23 application of any other allowable credits by the taxpayer.
24 (4) ADMINISTRATION; RULES.--
25 (a) If the credit granted pursuant to this section is
26 not fully used in any one year, the unused amount may not be
27 carried forward. A taxpayer may not convey, assign, or
28 transfer the credit authorized by this section to another
29 entity unless all of the assets of the taxpayer are conveyed,
30 assigned, or transferred in the same transaction.
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Florida House of Representatives - 2000 HB 1127
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1 (b) An application for a tax credit pursuant to this
2 section shall be submitted to the department on forms
3 established by rule of the department.
4 (c) The department shall adopt rules necessary to
5 administer this section, including rules establishing
6 application procedures and requirements and rules establishing
7 procedures and requirements for determining eligibility for
8 the credit.
9 Section 2. This act shall take effect January 1, 2001.
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12 HOUSE SUMMARY
13
Provides a credit against the corporate income tax in an
14 amount equal to 65 percent of contributions made by a
taxpayer to a nonprofit scholarship funding organization
15 or a public school to fund scholarships. Provides
limitations. Prohibits carryover or transfer of the
16 credit.
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20 ADDITIONAL SPONSORS
21 Murman, Kilmer, Hart, Farkas, Kyle, Crow, Roberts, Crist,
Sublette, Dockery, Barreiro, Posey, Ball, Andrews, Bainter,
22 Morroni, Bronson, Lacasa, Argenziano, Fuller, Harrington,
Johnson, Ogles, Villalobos, Bilirakis, Jones, Kelly, Putnam,
23 Peaden, Melvin, Arnall, R. Diaz de la Portilla, Crady, K.
Smith, Rojas, Bradley and Henriquez
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