House Bill hb1159

    Florida House of Representatives - 2001                HB 1159

        By Representative Mack






  1                      A bill to be entitled

  2         An act relating to corporate income tax;

  3         creating s. 220.187, F.S.; providing a credit

  4         against the tax for businesses that donate

  5         qualified computer equipment to a public

  6         elementary or secondary school, community

  7         college, area technical center, or university;

  8         providing for determination of the amount of

  9         the credit; providing duties of the Department

10         of Education; providing for rules; amending s.

11         220.02, F.S.; providing for order of credits

12         against the tax; providing an effective date.

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

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16         Section 1.  Section 220.187, Florida Statutes, is

17  created to read:

18         220.187  Credit for donation of qualified computer

19  equipment.--

20         (1)  There shall be allowed a credit against the tax

21  imposed by this chapter to any business which donates

22  qualified computer equipment to any public elementary or

23  secondary school, community college, area technical center, or

24  university within the state.

25         (2)  The amount of the credit shall be based on the age

26  of the equipment as follows:

27         (a)  If the equipment is 1 year old or less, the amount

28  of the credit shall be equal to 50 percent of the purchase

29  price of the equipment paid by the business, not to exceed

30  $300.

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    Florida House of Representatives - 2001                HB 1159

    780-105-01






  1         (b)  If the equipment is more than 1 year old but less

  2  than 2 years old, the amount of the credit shall be equal to

  3  40 percent of the purchase price of the equipment paid by the

  4  business, not to exceed $200.

  5         (c)  If the equipment is 2 years old or older, the

  6  amount of the credit shall be equal to 30 percent of the

  7  purchase price of the equipment paid by the business, not to

  8  exceed $100.

  9         (3)  The Department of Education shall distribute the

10  donated equipment to public elementary or secondary schools,

11  community colleges, area technical centers, and universities

12  within the state, with preferences given to those recipients

13  specifically identified by the donor.

14         (4)  The Department of Education has authority to adopt

15  rules to implement the provisions of this section, including

16  rules relating to receiving and distributing equipment and

17  determining the age and purchase price of the equipment.

18         (5)  If any credit granted pursuant to this section is

19  not fully used in the first year for which it becomes

20  available, the unused amount may not be carried forward. Any

21  credit granted pursuant to this section may be conveyed,

22  assigned, or transferred to another entity if all of the

23  assets of the taxpayer are conveyed, assigned, or transferred

24  in the same transaction.

25         (6)  The Department of Revenue has authority to adopt

26  rules to implement the provisions of this section.

27         Section 2.  Subsection (8) of section 220.02, Florida

28  Statutes, is amended to read:

29         220.02  Legislative intent.--

30         (8)  It is the intent of the Legislature that credits

31  against either the corporate income tax or the franchise tax

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    Florida House of Representatives - 2001                HB 1159

    780-105-01






  1  be applied in the following order: those enumerated in s.

  2  631.828, those enumerated in s. 220.191, those enumerated in

  3  s. 220.181, those enumerated in s. 220.183, those enumerated

  4  in s. 220.182, those enumerated in s. 220.1895, those

  5  enumerated in s. 221.02, those enumerated in s. 220.184, those

  6  enumerated in s. 220.186, those enumerated in s. 220.1845,

  7  those enumerated in s. 220.19, and those enumerated in s.

  8  220.185, and those enumerated in s. 220.187.

  9         Section 3.  This act shall take effect January 1, 2002.

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12                          HOUSE SUMMARY

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      Provides a credit against the corporate income tax for
14    businesses that donate qualified computer equipment to a
      public elementary or secondary school, community college,
15    area technical center, or university. Provides for
      determination of the amount of the credit. Provides
16    duties of the Department of Education.

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