Senate Bill sb0548

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    Florida Senate - 2005                                   SB 548

    By Senator Smith





    14-559-05                                               See HB

  1                      A bill to be entitled

  2         An act relating to corporate income tax credit

  3         for public education partners; creating s.

  4         220.1875, F.S.; providing a popular name;

  5         providing purpose to encourage contributions by

  6         corporations to public schools or public school

  7         programs for which tax credit shall be given;

  8         providing definitions; providing authorization

  9         to grant tax credits and limitations on

10         credits; providing public school requirements

11         for expenditure and accounting of funds;

12         requiring eligible contributions to be

13         supplemental funds; providing for

14         administration and rulemaking; requiring a

15         cooperative agreement; amending ss. 220.02 and

16         220.13, F.S., to conform; providing an

17         effective date.

18  

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

20  

21         Section 1.  Section 220.1875, Florida Statutes, is

22  created to read:

23         220.1875  Credits for contributions by public education

24  partners.--

25         (1)  POPULAR NAME.--This section may be cited as the

26  "Karen Ardaman Act."

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

28         (a)  Encourage private, voluntary contributions to

29  public schools to enhance educational opportunities for

30  students.

31  

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    Florida Senate - 2005                                   SB 548
    14-559-05                                               See HB




 1         (b)  Encourage the formation of partnerships between

 2  corporations and public schools.

 3         (c)  Enable public school students to achieve a greater

 4  level of excellence in their education through contributions

 5  by public education partners.

 6         (3)  DEFINITIONS.--As used in this section, the term:

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

 8         (b)  "Eligible contribution" means a monetary

 9  contribution from a taxpayer to a public school, subject to

10  the restrictions provided in this section. The taxpayer making

11  the contribution may designate a specific public school or a

12  specific program in a public school as the beneficiary of the

13  contribution. The taxpayer may not contribute more than $5

14  million to any single public school.

15         (4)  AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS ON

16  INDIVIDUAL AND TOTAL CREDITS.--

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

18  eligible contribution against any tax due for a taxable year

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

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

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

22  the taxpayer. The credit granted by this section shall be

23  reduced by the difference between the amount of federal

24  corporate income tax taking into account the credit granted by

25  this section and the amount of federal corporate income tax

26  without application of the credit granted by this section.

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

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

29  under this section is $88 million. However, at least 5 percent

30  of the total statewide amount authorized for the tax credit

31  shall be reserved for taxpayers who meet the definition of a

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    Florida Senate - 2005                                   SB 548
    14-559-05                                               See HB




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

 2  application.

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

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

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

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

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

 8         (5)  REQUIREMENTS.--

 9         (a)  A public school that receives an eligible

10  contribution must spend 100 percent of the eligible

11  contribution for the purpose specified by the contributor. All

12  interest accrued from an eligible contribution must be used

13  for the purpose specified by the contributor.

14         (b)  A public school that receives an eligible

15  contribution must maintain a separate account for the eligible

16  contribution and must annually provide to the district school

17  board and the Department of Education a financial accounting

18  of the use of the contribution. A public school shall budget

19  wisely and use sound financial practices in the use of an

20  eligible contribution.

21         (c)  Payment of an eligible contribution shall be made

22  to a public school through the district school board.

23         (d)  An eligible contribution shall not replace, but

24  shall be supplemental to, funds provided by the state to

25  public school districts pursuant to chapter 1011.

26         (6)  ADMINISTRATION; RULES.--

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

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

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

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

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

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    Florida Senate - 2005                                   SB 548
    14-559-05                                               See HB




 1  amount of tax credit must submit an application for allocation

 2  of tax credits or carryforward credits as required in

 3  paragraph (b) in the year that the taxpayer intends to use the

 4  carryforward. A taxpayer may not convey, assign, or transfer

 5  the credit authorized by this section to another entity unless

 6  all of the assets of the taxpayer are conveyed, assigned, or

 7  transferred in the same transaction.

 8         (b)  The department shall adopt rules pursuant to ss.

 9  120.536(1) and 120.54 for the administration of this section,

10  including rules establishing application forms and procedures

11  and rules governing the allocation of tax credits and

12  carryforward credits under this section.

13         (c)  The State Board of Education shall adopt rules

14  pursuant to ss. 120.536(1) and 120.54 for the distribution and

15  use of contributions.

16         (d)  The department and the Department of Education

17  shall develop a cooperative agreement to assist in the

18  administration of this section.

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

20  Statutes, is amended to read:

21         220.02  Legislative intent.--

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

23  against either the corporate income tax or the franchise tax

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

25  631.828, those enumerated in s. 220.191, those enumerated in

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

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

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

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

30  those enumerated in s. 220.19, those enumerated in s. 220.185,

31  

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    Florida Senate - 2005                                   SB 548
    14-559-05                                               See HB




 1  and those enumerated in s. 220.187, and those enumerated in s.

 2  220.1875.

 3         Section 3.  Paragraph (a) of subsection (1) of section

 4  220.13, Florida Statutes, is amended to read:

 5         220.13  "Adjusted federal income" defined.--

 6         (1)  The term "adjusted federal income" means an amount

 7  equal to the taxpayer's taxable income as defined in

 8  subsection (2), or such taxable income of more than one

 9  taxpayer as provided in s. 220.131, for the taxable year,

10  adjusted as follows:

11         (a)  Additions.--There shall be added to such taxable

12  income:

13         1.  The amount of any tax upon or measured by income,

14  excluding taxes based on gross receipts or revenues, paid or

15  accrued as a liability to the District of Columbia or any

16  state of the United States which is deductible from gross

17  income in the computation of taxable income for the taxable

18  year.

19         2.  The amount of interest which is excluded from

20  taxable income under s. 103(a) of the Internal Revenue Code or

21  any other federal law, less the associated expenses disallowed

22  in the computation of taxable income under s. 265 of the

23  Internal Revenue Code or any other law, excluding 60 percent

24  of any amounts included in alternative minimum taxable income,

25  as defined in s. 55(b)(2) of the Internal Revenue Code, if the

26  taxpayer pays tax under s. 220.11(3).

27         3.  In the case of a regulated investment company or

28  real estate investment trust, an amount equal to the excess of

29  the net long-term capital gain for the taxable year over the

30  amount of the capital gain dividends attributable to the

31  taxable year.

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    Florida Senate - 2005                                   SB 548
    14-559-05                                               See HB




 1         4.  That portion of the wages or salaries paid or

 2  incurred for the taxable year which is equal to the amount of

 3  the credit allowable for the taxable year under s. 220.181.

 4  The provisions of this subparagraph shall expire and be void

 5  on June 30, 2005.

 6         5.  That portion of the ad valorem school taxes paid or

 7  incurred for the taxable year which is equal to the amount of

 8  the credit allowable for the taxable year under s. 220.182.

 9  The provisions of this subparagraph shall expire and be void

10  on June 30, 2005.

11         6.  The amount of emergency excise tax paid or accrued

12  as a liability to this state under chapter 221 which tax is

13  deductible from gross income in the computation of taxable

14  income for the taxable year.

15         7.  That portion of assessments to fund a guaranty

16  association incurred for the taxable year which is equal to

17  the amount of the credit allowable for the taxable year.

18         8.  In the case of a nonprofit corporation which holds

19  a pari-mutuel permit and which is exempt from federal income

20  tax as a farmers' cooperative, an amount equal to the excess

21  of the gross income attributable to the pari-mutuel operations

22  over the attributable expenses for the taxable year.

23         9.  The amount taken as a credit for the taxable year

24  under s. 220.1895.

25         10.  Up to nine percent of the eligible basis of any

26  designated project which is equal to the credit allowable for

27  the taxable year under s. 220.185.

28         11.  The amount taken as a credit for the taxable year

29  under s. 220.187.

30         12.  The amount taken as a credit for the taxable year

31  under s. 220.1875.

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    Florida Senate - 2005                                   SB 548
    14-559-05                                               See HB




 1         Section 4.  This act shall take effect July 1, 2005.

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