HB 0057A 2003
   
1 A bill to be entitled
2          An act relating to credits for contributions to nonprofit
3    scholarship-funding organizations; amending s. 220.187,
4    F.S.; increasing the total amount of tax credit and
5    carryforward of tax credit which may be granted each state
6    fiscal year; requiring parental notification to the school
7    district; allowing tax credits to be carried forward;
8    providing procedures; providing for construction of the
9    act in pari materia with laws enacted during the 2003
10    Regular Session of the Legislature; providing an effective
11    date.
12         
13          Be It Enacted by the Legislature of the State of Florida:
14         
15          Section 1. Paragraph (b) of subsection (3) and paragraphs
16    (a) and (d) of present subsection (6) of section 220.187,
17    Florida Statutes, are amended, present subsections (5), (6), and
18    (7) of that section are redesignated as subsections (6), (7),
19    and (8), respectively, and a new subsection (5) is added to that
20    section, to read:
21          220.187 Credits for contributions to nonprofit
22    scholarship-funding organizations.--
23          (3) AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX
24    CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.--
25          (b) The total amount of tax credits and carryforward of
26    tax creditscreditwhich may be granted each state fiscal year
27    under this section is $88$50million.
28          (5) PARENT OBLIGATIONS.--As a condition for scholarship
29    payment pursuant to paragraph (4)(g), if the parent chooses for
30    his or her child to attend an eligible nonpublic school, the
31    parent must inform the child's school district within 15 days
32    after such decision.
33          (7)(6)ADMINISTRATION; RULES.--
34          (a) If the credit granted pursuant to this section is not
35    fully used in any one year because of insufficient tax liability
36    on the part of the corporation, the unused amount may notbe
37    carried forward for a period not to exceed 3 years; however, any
38    taxpayer that seeks to carry forward an unused amount of tax
39    credit must submit an application for allocation of tax credits
40    or carryforward credits as required in paragraph (d) in the year
41    that the taxpayer intends to use the carryforward. The total
42    amount of tax credits and carryforward of tax credits granted
43    each state fiscal year under this section is $88 million. This
44    carryforward applies to all approved contributions made after
45    January 1, 2002. A taxpayer may not convey, assign, or transfer
46    the credit authorized by this section to another entity unless
47    all of the assets of the taxpayer are conveyed, assigned, or
48    transferred in the same transaction.
49          (d) The department shall adopt rules necessary to
50    administer this section, including rules establishing
51    application forms and procedures and governing the allocation of
52    tax credits and carryforward creditsunder this section on a
53    first-come, first-served basis.
54          Section 2. If any law amended by this act was also amended
55    by a law enacted at the 2003 Regular Session of the Legislature,
56    such laws shall be construed as if they had been enacted at the
57    same session of the Legislature, and full effect shall be given
58    to each if possible.
59          Section 3. This act shall take effect July 1, 2003.