Senate Bill sb2106

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    Florida Senate - 2004                                  SB 2106

    By Senator Wilson





    33-985A-04

  1                      A bill to be entitled

  2         An act relating to the tax on corporate income;

  3         amending s. 220.187, F.S.; providing for tax

  4         credits for contributions to eligible nonprofit

  5         educational-improvement organizations, as well

  6         as for contributions to eligible nonprofit

  7         scholarship-funding organizations; providing

  8         that an additional purpose of the section is to

  9         train teachers in certain public elementary

10         schools to provide intensive reading

11         instruction; defining terms; providing for

12         allocating among the categories of recipients

13         the total allowable amount of tax credits which

14         may be granted during each state fiscal year;

15         providing obligations of eligible nonprofit

16         educational-improvement organizations;

17         providing obligations of participating public

18         schools; providing an effective date.

19  

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

21  

22         Section 1.  Section 220.187, Florida Statutes, is

23  amended to read:

24         220.187  Credits for contributions to nonprofit

25  scholarship-funding and nonprofit educational-improvement

26  organizations.--

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

28         (a)  Encourage private, voluntary contributions to

29  nonprofit scholarship-funding organizations and eligible

30  nonprofit educational-improvement organizations.

31  

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    Florida Senate - 2004                                  SB 2106
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 1         (b)  Expand educational opportunities for children of

 2  families that have limited financial resources.

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

 4  level of excellence in their education.

 5         (d)  Enable teachers in low-performing public

 6  elementary schools to attend in-service classes for reading

 7  instruction.

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

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

10         (b)  "Eligible contribution" means a monetary

11  contribution from a taxpayer, subject to the restrictions

12  provided in this section, to an eligible nonprofit

13  scholarship-funding organization or eligible

14  educational-improvement organization. The taxpayer making the

15  contribution may not designate a specific child as the

16  beneficiary of the contribution. The taxpayer may not

17  contribute more than $5 million to any single eligible

18  nonprofit scholarship-funding organization or eligible

19  educational-improvement organization.

20         (c)  "Eligible nonprofit educational-improvement

21  organization" means a charitable organization that is exempt

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

23  Internal Revenue Code and that complies with subsection (5).

24  "Eligible nonpublic school" means a nonpublic school located

25  in Florida that offers an education to students in any grades

26  K-12 and that meets the requirements in subsection (5).

27         (d)  "Eligible nonprofit scholarship-funding

28  organization" means a charitable organization that is exempt

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

30  Internal Revenue Code and that complies with the provisions of

31  subsection (4).

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    Florida Senate - 2004                                  SB 2106
    33-985A-04




 1         (e)  "Eligible nonpublic school" means a nonpublic

 2  school that is located in this state, that offers an education

 3  to students in any grades from kindergarten through grade 12,

 4  and that meets the requirements set forth in subsection (8).

 5         (f)  "Eligible public school" means a public school

 6  that is located in this state and that is making less than

 7  satisfactory progress or failing to make adequate progress as

 8  defined in s. 1008.34(2) as indicated by the school's

 9  receiving a performance grade of "D" or "F."

10         (g)(e)  "Qualified student" means a student who

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

12  National School Lunch Act and who:

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

14  during the previous state fiscal year for purposes of state

15  per-student funding;

16         2.  Received a scholarship from an eligible nonprofit

17  scholarship-funding organization during the previous school

18  year; or

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

20         (h)  "Teacher" means a certified educator under s.

21  1012.56 who provides instruction to students at an eligible

22  public school.

23         (3)  AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX

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

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

26  eligible contribution against any tax due for a taxable year

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

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

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

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

31  statewide amount authorized for the tax credit shall be

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    Florida Senate - 2004                                  SB 2106
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 1  reserved for taxpayers who meet the definition of a small

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

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

 4  difference between the amount of federal corporate income tax

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

 6  amount of federal corporate income tax without application of

 7  the credit granted by this section.

 8         (b)  The total amount of tax credits and carryforward

 9  of tax credits which may be granted each state fiscal year

10  under this section is $60 million to nonprofit

11  scholarship-funding organizations and $28 million to nonprofit

12  educational-improvement organizations $88 million.

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

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

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

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

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

18         (4)  OBLIGATIONS OF ELIGIBLE NONPROFIT

19  SCHOLARSHIP-FUNDING ORGANIZATIONS.--

20         (a)  An eligible nonprofit scholarship-funding

21  organization shall provide scholarships, from eligible

22  contributions, to qualified students for:

23         1.  Tuition or textbook expenses for, or transportation

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

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

26         2.  Transportation expenses to a Florida public school

27  that is located outside the district in which the student

28  resides.

29         (b)  An eligible nonprofit scholarship-funding

30  organization shall give priority to qualified students who

31  received a scholarship from an eligible nonprofit

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    Florida Senate - 2004                                  SB 2106
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 1  scholarship-funding organization during the previous school

 2  year.

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

 4  for any single school year by all eligible nonprofit

 5  scholarship-funding organizations from eligible contributions

 6  shall not exceed the following annual limits:

 7         1.  Three thousand five hundred dollars for a

 8  scholarship awarded to a student enrolled in an eligible

 9  nonpublic school.

10         2.  Five hundred dollars for a scholarship awarded to a

11  student enrolled in a Florida public school that is located

12  outside the district in which the student resides.

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

14  be accepted by an eligible nonprofit scholarship-funding

15  organization is limited to the amount needed to provide

16  scholarships for qualified students which the organization has

17  identified and for which vacancies in eligible nonpublic

18  schools have been identified.

19         (e)  An eligible nonprofit scholarship-funding

20  organization that receives an eligible contribution must spend

21  100 percent of the eligible contribution to provide

22  scholarships in the same state fiscal year in which the

23  contribution was received. No portion of eligible

24  contributions may be used for administrative expenses. All

25  interest accrued from contributions must be used for

26  scholarships.

27         (f)  An eligible nonprofit scholarship-funding

28  organization that receives eligible contributions must provide

29  to the Auditor General an annual financial and compliance

30  audit of its accounts and records conducted by an independent

31  

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    Florida Senate - 2004                                  SB 2106
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 1  certified public accountant and in accordance with rules

 2  adopted by the Auditor General.

 3         (g)  Payment of the scholarship by the eligible

 4  nonprofit scholarship-funding organization shall be by

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

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

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

 8  mailed by the eligible nonprofit scholarship-funding

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

10  and the parent shall restrictively endorse the warrant or

11  check to the nonpublic school. An eligible nonprofit

12  scholarship-funding organization shall ensure that, upon

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

14  the warrant or check is made restrictively endorses the

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

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

17         (5)  OBLIGATIONS OF ELIGIBLE NONPROFIT

18  EDUCATIONAL-IMPROVEMENT ORGANIZATIONS.--

19         (a)  An eligible nonprofit educational-improvement

20  organization that receives an eligible contribution must spend

21  100 percent of the eligible contribution to establish

22  intensive reading teachers for grade 1, grade 2, or grade 3 in

23  schools defined in paragraph (2)(f) in the same state fiscal

24  year in which the contribution was received. A portion of

25  contributions may not be used for administrative expenses. All

26  portions of interest accrued from contributions must be used

27  for the establishment of intensive reading teachers.

28         (b)  An eligible nonprofit educational-improvement

29  organization shall ensure that payments are made to an

30  eligible public school in the amount of $50,000 per grade

31  level in the first year and $40,000 per grade level in each

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    Florida Senate - 2004                                  SB 2106
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 1  year thereafter. Recipient schools must be funded before new

 2  schools or grade levels may be added to the list of funded

 3  schools and grade levels.

 4         (c)  Payment by the eligible nonprofit

 5  educational-improvement organization to the eligible public

 6  school must be made by individual warrant made payable to the

 7  school and indicating the grade level to be funded.

 8         (6)  OBLIGATIONS OF ELIGIBLE PUBLIC SCHOOLS.--

 9         (a)  An eligible public school shall provide reading

10  instruction training to its teachers from eligible

11  contributions for the grade levels funded.

12         (b)  The amount of a training award which is provided

13  to an eligible teacher for any single school year by an

14  eligible public school from eligible contributions may not

15  exceed $50,000 per grade level in the first year of funding

16  and $40,000 per grade level in each year thereafter.

17         (d)  The amount of an eligible contribution which an

18  eligible public school may accept may not exceed the amount

19  needed to provide reading training for eligible teachers whom

20  the public school has identified.

21         (e)  An eligible public school that receives an

22  eligible contribution must spend 100 percent of the eligible

23  contribution to provide reading training awards in the same

24  state fiscal year in which the contribution was received. A

25  portion of eligible contributions may not be used for

26  administrative expenses. All interest accrued from

27  contributions must be used for the reading training awards.

28         (f)  An eligible public school that receives eligible

29  contributions must provide to the Auditor General an annual

30  financial and compliance audit of its accounts and records

31  which has been conducted by an independent certified public

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    Florida Senate - 2004                                  SB 2106
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 1  accountant in accordance with rules adopted by the Auditor

 2  General.

 3         (g)  An eligible public school must ensure that the

 4  reading training funds awarded under this section are used

 5  only for training and paying teachers to provide intensive

 6  reading instruction for grade 1, grade 2, or grade 3.

 7         (7)(5)  PARENT OBLIGATIONS.--As a condition for

 8  scholarship payment pursuant to paragraph (4)(g), if the

 9  parent chooses for his or her child to attend an eligible

10  nonpublic school, the parent must inform the child's school

11  district within 15 days after such decision.

12         (8)(6)  ELIGIBLE NONPUBLIC SCHOOL OBLIGATIONS.--An

13  eligible nonpublic school must:

14         (a)  Demonstrate fiscal soundness by being in operation

15  for one school year or provide the Department of Education

16  with a statement by a certified public accountant confirming

17  that the nonpublic school desiring to participate is insured

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

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

20  students anticipated with expected revenues from tuition and

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

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

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

24  with the department.

25         (b)  Comply with the antidiscrimination provisions of

26  42 U.S.C. s. 2000d.

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

28  codes.

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

30  regulation of nonpublic schools.

31  

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 1         (9)  PUBLIC SCHOOL OBLIGATIONS.--A participating public

 2  school must:

 3         (a)  Ensure that funds awarded under paragraph (5)(c)

 4  are used only to provide intensive reading teachers for grade

 5  1, grade 2, or grade 3.

 6         (b)  Deposit funds received from an eligible nonprofit

 7  educational-improvement organization in a separate bank

 8  account consistent with s. 17.57(2).

 9         (10)(7)  ADMINISTRATION; RULES.--

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

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

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

13  may be carried forward for a period not to exceed 3 years;

14  however, any taxpayer that seeks to carry forward an unused

15  amount of tax credit must submit an application for allocation

16  of tax credits or carryforward credits as required in

17  paragraph (d) in the year that the taxpayer intends to use the

18  carryforward. The total amount of tax credits and carryforward

19  of tax credits granted each state fiscal year under this

20  section is $88 million. This carryforward applies to all

21  approved contributions made after January 1, 2002. A taxpayer

22  may not convey, assign, or transfer the credit authorized by

23  this section to another entity unless all of the assets of the

24  taxpayer are conveyed, assigned, or transferred in the same

25  transaction.

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

27  section shall be submitted to the department on forms

28  established by rule of the department.

29         (c)  The department and the Department of Education

30  shall develop a cooperative agreement to assist in the

31  administration of this section. The Department of Education

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

 2  the department a list of eligible nonprofit

 3  scholarship-funding organizations, eligible nonprofit

 4  educational-improvement organizations, and eligible public

 5  schools that meet the requirements of paragraphs paragraph

 6  (2)(d), (2)(c), and (2)(f), respectively, and for monitoring

 7  eligibility of nonprofit scholarship-funding organizations,

 8  eligible nonprofit educational-improvement organizations, and

 9  eligible public schools that meet the requirements of

10  paragraph (2)(d), (2)(c), and (2)(f), respectively,

11  eligibility of nonpublic schools that meet the requirements of

12  paragraph (2)(c), eligibility of public schools that meet the

13  requirements of subsection (9), and eligibility of

14  expenditures under this section as provided in subsections

15  subsection (4), (5), and (6).

16         (d)  The department shall adopt rules necessary to

17  administer this section, including rules establishing

18  application forms and procedures and governing the allocation

19  of tax credits and carryforward credits under this section on

20  a first-come, first-served basis.

21         (e)  The Department of Education shall adopt rules

22  necessary to determine eligibility of nonprofit

23  scholarship-funding organizations and nonprofit

24  educational-improvement organizations as defined in paragraphs

25  paragraph (2)(d) and (2)(c), respectively, and according to

26  subsections the provisions of subsection (4) and (5), and

27  identify qualified students as defined in paragraph (2)(g),

28  and eligible teachers as defined in paragraph (2)(h) (2)(e).

29         (11)(8)  DEPOSITS OF ELIGIBLE CONTRIBUTIONS.--All

30  eligible contributions received by an eligible nonprofit

31  scholarship-funding organization, eligible nonprofit

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 1  educational-improvement organization, or eligible public

 2  school shall be deposited in a manner consistent with s.

 3  17.57(2).

 4         Section 2.  This act shall take effect July 1, 2004.

 5  

 6            *****************************************

 7                          SENATE SUMMARY

 8    Provides for credits against the tax on corporate income
      for contributions to eligible nonprofit
 9    educational-improvement organizations, as well as for
      contributions to eligible nonprofit scholarship-funding
10    organizations. Provides that an additional purpose of s.
      220.187, F.S., is to train teachers in certain public
11    elementary schools to provide intensive reading
      instruction. Defines terms. Provides for allocating among
12    the categories of recipients the total allowable amount
      of tax credits which may be granted under s. 220.187,
13    F.S., during each state fiscal year. Provides obligations
      of eligible nonprofit educational-improvement
14    organizations. Provides obligations of participating
      public schools.
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