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.

10

11  Be It Enacted by the Legislature of the State of Florida:

12

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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  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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  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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  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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11            *****************************************

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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