Senate Bill sb2062c1

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    Florida Senate - 2003                           CS for SB 2062

    By the Committee on Appropriations; and Senators Lee and
    Fasano




    309-2446-03

  1                      A bill to be entitled

  2         An act relating to scholarship funding tax

  3         credits; amending s. 220.187, F.S.; increasing

  4         the total amount of tax credit which may be

  5         granted each state fiscal year; allowing tax

  6         credits to be carried forward; providing for

  7         the scholarship amounts awarded to be annually

  8         adjusted based on the percentage change in the

  9         Consumer Price Index; creating s. 220.1875,

10         F.S.; establishing a program for contributions

11         to nonprofit scholarship-funding organizations

12         to be used for dependent children of military

13         personnel; providing for tax credits that may

14         be granted each fiscal year for such

15         contributions; providing requirements and

16         limitations; providing an effective date.

17  

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

19  

20         Section 1.  Paragraph (b) of subsection (3), paragraph

21  (c) of subsection (4), and paragraph (a) of subsection (6) of

22  section 220.187, Florida Statutes, are amended to read:

23         220.187  Credits for contributions to nonprofit

24  scholarship-funding organizations.--

25         (3)  AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX

26  CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.--

27         (b)  The total amount of tax credit which may be

28  granted each state fiscal year under this section is $70 $50

29  million.

30         (4)  OBLIGATIONS OF ELIGIBLE NONPROFIT

31  SCHOLARSHIP-FUNDING ORGANIZATIONS.--

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    Florida Senate - 2003                           CS for SB 2062
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 1         (c)  The amount of a scholarship provided to any child

 2  for any single school year by all eligible nonprofit

 3  scholarship-funding organizations from eligible contributions

 4  shall not exceed the following annual limits:

 5         1.  Beginning in the 2003-2004 school year, $3,500

 6  Three thousand five hundred dollars for a scholarship awarded

 7  to a student enrolled in an eligible nonpublic school. The

 8  amount of the scholarship shall be adjusted annually based on

 9  the percentage change in the Consumer Price Index for the

10  prior year.

11         2.  Beginning in the 2003-2004 school year, $500 Five

12  hundred dollars for a scholarship awarded to a student

13  enrolled in a Florida public school that is located outside

14  the district in which the student resides. The amount of the

15  scholarship shall be adjusted annually based on the percentage

16  change in the Consumer Price Index for the prior year.

17         (6)  ADMINISTRATION; RULES.--

18         (a)  If the credit granted pursuant to this section is

19  not fully used in any one year because of insufficient tax

20  liability on the part of the corporation, the unused amount

21  may not be carried forward for a period not to exceed 3 years.

22  A taxpayer may not convey, assign, or transfer the credit

23  authorized by this section to another entity unless all of the

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

25  in the same transaction. This carryforward applies to all

26  approved contributions made after January 1, 2002.

27         Section 2.  Section 220.1875, Florida Statutes, is

28  created to read:

29         220.1875  Credits for contributions to nonprofit

30  scholarship-funding organizations; scholarships for dependent

31  children of active duty personnel in the United States

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    Florida Senate - 2003                           CS for SB 2062
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 1  military and all reserve components, including National Guard

 2  personnel who have been deployed in support of active duty

 3  operations.--

 4         (1)  PURPOSE.--The purpose of this section is to:

 5         (a)  Encourage private, voluntary contributions to

 6  nonprofit scholarship-funding organizations.

 7         (b)  Expand educational opportunities for dependent

 8  children of active duty personnel in the United States

 9  military and all reserve components, including National Guard

10  personnel who have been deployed in support of active duty

11  operations, and whose families have limited financial

12  resources.

13         (c)  Enable children in this state to achieve a greater

14  level of excellence in their education.

15         (2)  DEFINITIONS.--As used in this section, the term:

16         (a)  "Department" means the Department of Revenue.

17         (b)  "Eligible contribution" means a monetary

18  contribution from a taxpayer, subject to the restrictions

19  provided in this section, to an eligible nonprofit

20  scholarship-funding organization. The taxpayer making the

21  contribution may not designate a specific child as the

22  beneficiary of the contribution. The taxpayer may not

23  contribute more than $1 million to any single eligible

24  nonprofit scholarship-funding organization.

25         (c)  "Eligible nonpublic school" means a nonpublic

26  school located in Florida that offers an education to students

27  in any grades K-12 and that meets the requirements in

28  subsection (5).

29         (d)  "Eligible nonprofit scholarship-funding

30  organization" means a charitable organization that is exempt

31  from federal income tax pursuant to s. 501(c)(3) of the

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    Florida Senate - 2003                           CS for SB 2062
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 1  Internal Revenue Code and that complies with the provisions of

 2  subsection (4).

 3         (e)  "Qualified student" means a dependent child of any

 4  active duty personnel in the United States military and all

 5  reserve components, including National Guard personnel who

 6  have been deployed in support of active duty operations, who

 7  qualifies for free or reduced-price school lunches under the

 8  National School Lunch Act and who:

 9         1.  Was counted as a full-time equivalent student

10  during the previous state fiscal year for purposes of state

11  per-student funding;

12         2.  Received a scholarship from an eligible nonprofit

13  scholarship-funding organization during the previous school

14  year; or

15         3.  Is eligible to enter kindergarten or first grade.

16         (3)  AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX

17  CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.--

18         (a)  There is allowed a credit of 100 percent of an

19  eligible contribution against any tax due for a taxable year

20  under this chapter. However, such a credit may not exceed 75

21  percent of the tax due under this chapter for the taxable

22  year, after the application of any other allowable credits by

23  the taxpayer. However, at least 5 percent of the total

24  statewide amount authorized for the tax credit shall be

25  reserved for taxpayers who meet the definition of a small

26  business provided in s. 288.703(1) at the time of application.

27  The credit granted by this section shall be reduced by the

28  difference between the amount of federal corporate income tax

29  taking into account the credit granted by this section and the

30  amount of federal corporate income tax without application of

31  the credit granted by this section.

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    Florida Senate - 2003                           CS for SB 2062
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 1         (b)  The total amount of tax credit which may be

 2  granted each state fiscal year under this section is $5

 3  million.

 4         (c)  A taxpayer who files a Florida consolidated return

 5  as a member of an affiliated group pursuant to s. 220.131(1)

 6  may be allowed the credit on a consolidated return basis;

 7  however, the total credit taken by the affiliated group is

 8  subject to the limitation established under paragraph (a).

 9         (4)  OBLIGATIONS OF ELIGIBLE NONPROFIT

10  SCHOLARSHIP-FUNDING ORGANIZATIONS.--

11         (a)  An eligible nonprofit scholarship-funding

12  organization shall provide scholarships, from eligible

13  contributions, to qualified students for:

14         1.  Tuition or textbook expenses for, or transportation

15  to, an eligible nonpublic school. At least 75 percent of the

16  scholarship funding must be used to pay tuition expenses; or

17         2.  Transportation expenses to a Florida public school

18  that is located outside the district in which the student

19  resides.

20         (b)  An eligible nonprofit scholarship-funding

21  organization shall give priority to qualified students who

22  received a scholarship from an eligible nonprofit

23  scholarship-funding organization during the previous school

24  year.

25         (c)  The amount of a scholarship provided to any child

26  for any single school year by all eligible nonprofit

27  scholarship-funding organizations from eligible contributions

28  shall not exceed the following annual limits:

29         1.  Beginning in the 2003-2004 school year, $3,500 for

30  a scholarship awarded to a student enrolled in an eligible

31  nonpublic school. The amount of the scholarship shall be

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    Florida Senate - 2003                           CS for SB 2062
    309-2446-03




 1  adjusted annually based on the percentage change in the

 2  Consumer Price Index for the prior year.

 3         2.  Beginning in the 2003-2004 school year, $500 for a

 4  scholarship awarded to a student enrolled in a Florida public

 5  school that is located outside the district in which the

 6  student resides. The amount of the scholarship shall adjusted

 7  annually based on the percentage change in the Consumer Price

 8  Index for the prior year.

 9         (d)  The amount of an eligible contribution which may

10  be accepted by an eligible nonprofit scholarship-funding

11  organization is limited to the amount needed to provide

12  scholarships for qualified students which the organization has

13  identified and for which vacancies in eligible nonpublic

14  schools have been identified.

15         (e)  An eligible nonprofit scholarship-funding

16  organization that receives an eligible contribution must spend

17  100 percent of the eligible contribution to provide

18  scholarships in the same state fiscal year in which the

19  contribution was received. An eligible nonprofit

20  scholarshp-funding organization may use eligible contributions

21  to provide scholarships to qualified students, pursuant to s.

22  220.187, after it has served qualified dependent children of

23  active duty personnel in the United States military and all

24  reserve components, including National Guard personnel who

25  have been deployed in support of active duty operations. No

26  portion of eligible contributions may be used for

27  administrative expenses. All interest accrued from

28  contributions must be used for scholarships.

29         (f)  An eligible nonprofit scholarship-funding

30  organization that receives eligible contributions must provide

31  to the Auditor General an annual financial and compliance

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    Florida Senate - 2003                           CS for SB 2062
    309-2446-03




 1  audit of its accounts and records conducted by an independent

 2  certified public accountant and in accordance with rules

 3  adopted by the Auditor General.

 4         (g)  Payment of the scholarship by the eligible

 5  nonprofit scholarship-funding organization shall be by

 6  individual warrant or check made payable to the student's

 7  parent. If the parent chooses for his or her child to attend

 8  an eligible nonpublic school, the warrant or check must be

 9  mailed by the eligible nonprofit scholarship-funding

10  organization to the nonpublic school of the parent's choice,

11  and the parent shall restrictively endorse the warrant or

12  check to the nonpublic school. An eligible nonprofit

13  scholarship-funding organization shall ensure that, upon

14  receipt of a scholarship warrant or check, the parent to whom

15  the warrant or check is made restrictively endorses the

16  warrant or check to the nonpublic school of the parent's

17  choice for deposit into the account of the nonpublic school.

18         (5)  ELIGIBLE NONPUBLIC SCHOOL OBLIGATIONS.--An

19  eligible nonpublic school must:

20         (a)  Demonstrate fiscal soundness by being in operation

21  for one school year or provide the Department of Education

22  with a statement by a certified public accountant confirming

23  that the nonpublic school desiring to participate is insured

24  and the owner or owners have sufficient capital or credit to

25  operate the school for the upcoming year serving the number of

26  students anticipated with expected revenues from tuition and

27  other sources that may be reasonably expected. In lieu of such

28  a statement, a surety bond or letter of credit for the amount

29  equal to the scholarship funds for any quarter may be filed

30  with the department.

31  

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    Florida Senate - 2003                           CS for SB 2062
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 1         (b)  Comply with the antidiscrimination provisions of

 2  42 U.S.C. s. 2000d.

 3         (c)  Meet state and local health and safety laws and

 4  codes.

 5         (d)  Comply with all state laws relating to general

 6  regulation of nonpublic schools.

 7         (6)  ADMINISTRATION; RULES.--

 8         (a)  If the credit granted pursuant to this section is

 9  not fully used in any one year because of insufficient tax

10  liability on the part of the corporation, the unused amount

11  may be carried forward for a period not to exceed 3 years. A

12  taxpayer may not convey, assign, or transfer the credit

13  authorized by this section to another entity unless all of the

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

15  in the same transaction.

16         (b)  An application for a tax credit pursuant to this

17  section shall be submitted to the department on forms

18  established by rule of the department.

19         (c)  The department and the Department of Education

20  shall develop a cooperative agreement to assist in the

21  administration of this section. The Department of Education

22  shall be responsible for annually submitting, by March 15, to

23  the department a list of eligible nonprofit

24  scholarship-funding organizations that meet the requirements

25  of paragraph (2)(d) and for monitoring eligibility of

26  nonprofit scholarship-funding organizations that meet the

27  requirements of paragraph (2)(d), eligibility of nonpublic

28  schools that meet the requirements of paragraph (2)(c), and

29  eligibility of expenditures under this section as provided in

30  subsection (4).

31  

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    Florida Senate - 2003                           CS for SB 2062
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 1         (d)  The department shall adopt rules necessary to

 2  administer this section, including rules establishing

 3  application forms and procedures and governing the allocation

 4  of tax credits under this section on a first-come,

 5  first-served basis.

 6         (e)  The Department of Education shall adopt rules

 7  necessary to determine eligibility of nonprofit

 8  scholarship-funding organizations as defined in paragraph

 9  (2)(d) and according to the provisions of subsection (4) and

10  identify qualified students as defined in paragraph (2)(e).

11         (7)  DEPOSITS OF ELIGIBLE CONTRIBUTIONS.--All eligible

12  contributions received by an eligible nonprofit

13  scholarship-funding organization shall be deposited in a

14  manner consistent with s. 18.10(2).

15         Section 3.  This act shall take effect July 1, 2003.

16  

17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                       Senate Bill SB 2062

19                                 

20  Committee Substitute for SB 2062:

21  Sets the tax credits granted for contributions to the current
    scholarship-funding organizations at $70 million per year.
22  Tax credits may be carried forward for three years if the
    taxpayer has insufficient tax liabilities to use the tax
23  credits.

24  Creates a new corporate income tax credit for contributions to
    scholarship-funding organizations.  The tax credits granted
25  under this program are limited to $5 million per year.  The
    beneficiaries under this program are dependent children of
26  active duty military personnel and reserve components.

27  

28  

29  

30  

31  

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