Senate Bill sb2574

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    Florida Senate - 2006                                  SB 2574

    By Senator Wilson





    33-1348A-06

  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         enable students in specified grades in public

10         schools to receive certain assistance in

11         attaining grade-level performance; defining

12         terms; providing for allocating among the

13         categories of recipients the total allowable

14         amount of tax credits which may be granted

15         during each state fiscal year; providing

16         obligations of eligible nonprofit

17         educational-improvement organizations; revising

18         parental obligations; revising provisions

19         relating to administration and to deposits of

20         eligible contributions, to conform; providing

21         an effective date.

22  

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

24  

25         Section 1.  Section 220.187, Florida Statutes, is

26  amended to read:

27         220.187  Credits for contributions to nonprofit

28  scholarship-funding and nonprofit educational-improvement

29  organizations.--

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

31  

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    Florida Senate - 2006                                  SB 2574
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 1         (a)  Encourage private, voluntary contributions to

 2  nonprofit scholarship-funding organizations and eligible

 3  nonprofit educational-improvement organizations.

 4         (b)  Expand educational opportunities for children of

 5  families that have limited financial resources.

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

 7  level of excellence in their education.

 8         (d)  Enable students in grades 2, 5, 6, 8, and 9 in

 9  public schools to receive tutoring and remediation to attain

10  grade-level performance.

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

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

13         (b)  "Eligible contribution" means a monetary

14  contribution from a taxpayer, subject to the restrictions

15  provided in this section, to an eligible nonprofit

16  scholarship-funding organization or eligible nonprofit

17  educational-improvement organization. The taxpayer making the

18  contribution may not designate a specific child as the

19  beneficiary of the contribution. The taxpayer may not

20  contribute more than $5 million to any single eligible

21  nonprofit scholarship-funding organization or eligible

22  nonprofit educational-improvement organization.

23         (c)  "Eligible nonprofit educational-improvement

24  organization" means a charitable organization that is exempt

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

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

27  "Eligible nonpublic school" means a nonpublic school located

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

29  K-12 and that meets the requirements in subsection (6).

30         (d)  "Eligible nonprofit scholarship-funding

31  organization" means a charitable organization that is exempt

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    Florida Senate - 2006                                  SB 2574
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 1  from federal income tax pursuant to s. 501(c)(3) of the

 2  Internal Revenue Code and that complies with the provisions of

 3  subsection (4).

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

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

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

 7  and that meets the requirements set forth in subsection (7).

 8         (f)(e)  "Qualified student" means a student who

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

10  National School Lunch Act and who:

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

12  during the previous state fiscal year for purposes of state

13  per-student funding;

14         2.  Received a scholarship from an eligible nonprofit

15  scholarship-funding organization during the previous school

16  year; or

17         3.  Is eligible to enter kindergarten or first grade;

18  or.

19         4.  Is a student in grade 2, grade 5, grade 6, grade 8,

20  or grade 9 in an eligible public school.

21         (3)  AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX

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

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

24  eligible contribution against any tax due for a taxable year

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

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

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

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

29  statewide amount authorized for the tax credit shall be

30  reserved for taxpayers who meet the definition of a small

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

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    Florida Senate - 2006                                  SB 2574
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 1  The credit granted by this section shall be reduced by the

 2  difference between the amount of federal corporate income tax

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

 4  amount of federal corporate income tax without application of

 5  the credit granted by this section.

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

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

 8  under this section is $60 million to nonprofit

 9  scholarship-funding organizations and $28 million to nonprofit

10  educational-improvement organizations $88 million.

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

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

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

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

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

16         (4)  OBLIGATIONS OF ELIGIBLE NONPROFIT

17  SCHOLARSHIP-FUNDING ORGANIZATIONS.--

18         (a)  An eligible nonprofit scholarship-funding

19  organization shall provide scholarships, from eligible

20  contributions, to qualified students for:

21         1.  Tuition or textbook expenses for, or transportation

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

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

24         2.  Transportation expenses to a Florida public school

25  that is located outside the district in which the student

26  resides.

27         (b)  An eligible nonprofit scholarship-funding

28  organization shall give priority to qualified students who

29  received a scholarship from an eligible nonprofit

30  scholarship-funding organization during the previous school

31  year.

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    Florida Senate - 2006                                  SB 2574
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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.  Three thousand five hundred dollars for a

 6  scholarship awarded to a student enrolled in an eligible

 7  nonpublic school.

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

 9  student enrolled in a Florida public school that is located

10  outside the district in which the student resides.

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

12  be accepted by an eligible nonprofit scholarship-funding

13  organization is limited to the amount needed to provide

14  scholarships for qualified students which the organization has

15  identified and for which vacancies in eligible nonpublic

16  schools have been identified.

17         (e)  An eligible nonprofit scholarship-funding

18  organization that receives an eligible contribution must spend

19  100 percent of the eligible contribution to provide

20  scholarships in the same state fiscal year in which the

21  contribution was received. No portion of eligible

22  contributions may be used for administrative expenses. All

23  interest accrued from contributions must be used for

24  scholarships.

25         (f)  An eligible nonprofit scholarship-funding

26  organization that receives eligible contributions must provide

27  to the Auditor General an annual financial and compliance

28  audit of its accounts and records conducted by an independent

29  certified public accountant and in accordance with rules

30  adopted by the Auditor General.

31  

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    Florida Senate - 2006                                  SB 2574
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 1         (g)  Payment of the scholarship by the eligible

 2  nonprofit scholarship-funding organization shall be by

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

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

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

 6  mailed by the eligible nonprofit scholarship-funding

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

 8  and the parent shall restrictively endorse the warrant or

 9  check to the nonpublic school. An eligible nonprofit

10  scholarship-funding organization shall ensure that, upon

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

12  the warrant or check is made restrictively endorses the

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

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

15         (5)  OBLIGATIONS OF ELIGIBLE NONPROFIT

16  EDUCATIONAL-IMPROVEMENT ORGANIZATIONS.--

17         (a)  An eligible nonprofit educational-improvement

18  organization that receives an eligible contribution must spend

19  100 percent of the eligible contribution to establish

20  scholarships to qualified students as defined in subparagraph

21  (1)(g)4. in the same year the contribution was received.  A

22  portion of contributions may not be used for administrative

23  expenses.  All portions of interest accrued from contributions

24  must be used for the establishment of scholarships.

25         (b)  An eligible nonprofit educational-improvement

26  organization shall ensure that payments are made to parents or

27  guardians of qualified students as defined in subparagraph

28  (1)(f)4. Payment of the scholarship by the eligible nonprofit

29  educational-improvement organization shall be by individual

30  warrant or check made payable to the student's parent or

31  guardian. The warrant or check must be mailed by the eligible

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    Florida Senate - 2006                                  SB 2574
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 1  nonprofit educational-improvement organization to the eligible

 2  public school that the qualified student is attending, and the

 3  student's parent or guardian shall restrictively endorse the

 4  warrant or check to the school. An eligible nonprofit

 5  educational-improvement organization shall ensure that, upon

 6  receipt of a scholarship warrant or check, the parent or

 7  guardian to whom the warrant or check is made restrictively

 8  endorses the warrant or check to the eligible public school

 9  that the student is attending for deposit into the account of

10  the school. Recipient students must be funded until

11  grade-level performance is achieved before new qualified

12  students can be funded. Students in grade 2 shall receive

13  priority, followed by those in grade 9, grade 8, grade 6, and

14  grade 5.

15         (c)  The amount of a scholarship for a qualified

16  student as defined in subparagraph (1)(g)4. for any single

17  school year by all eligible nonprofit educational-improvement

18  organizations from eligible contributions may not exceed

19  $3,000.

20         (d)  Payment by the eligible nonprofit

21  educational-improvement organization must not exceed the

22  amount needed to have the qualified student attain grade-level

23  performance.

24         (6)(5)  PARENT OBLIGATIONS.--

25         (a)  As a condition for scholarship payment pursuant to

26  paragraph (4)(g), if the parent chooses for his or her child

27  to attend an eligible nonpublic school, the parent must inform

28  the child's school district within 15 days after such

29  decision.

30  

31  

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 1         (b)  Payment received by a parent must not exceed the

 2  amount needed to have the qualified student attain grade

 3  level, if under $3,000 in any school year.

 4         (c)  The parent must provide a monthly report of

 5  payments made showing to whom payments were made.  Any

 6  unexpended funds must be returned to the nonprofit

 7  educational-improvement organization.

 8         (7)(6)  ELIGIBLE NONPUBLIC SCHOOL OBLIGATIONS.--An

 9  eligible nonpublic school must:

10         (a)  Demonstrate fiscal soundness by being in operation

11  for one school year or provide the Department of Education

12  with a statement by a certified public accountant confirming

13  that the nonpublic school desiring to participate is insured

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

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

16  students anticipated with expected revenues from tuition and

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

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

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

20  with the department.

21         (b)  Comply with the antidiscrimination provisions of

22  42 U.S.C. s. 2000d.

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

24  codes.

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

26  regulation of nonpublic schools.

27         (8)(7)  ADMINISTRATION; RULES.--

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

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

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

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

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

 2  amount of tax credit must submit an application for allocation

 3  of tax credits or carryforward credits as required in

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

 5  carryforward. The total amount of tax credits and carryforward

 6  of tax credits granted each state fiscal year under this

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

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

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

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

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

12  transaction.

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

14  section shall be submitted to the department on forms

15  established by rule of the department.

16         (c)  The department and the Department of Education

17  shall develop a cooperative agreement to assist in the

18  administration of this section. The Department of Education

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

20  the department a list of eligible nonprofit

21  scholarship-funding organizations and eligible nonprofit

22  educational-improvement organizations that meet the

23  requirements of paragraph (2)(d) or paragraph (2)(c),

24  respectively, and meet the requirements for monitoring

25  eligibility of nonprofit scholarship-funding organizations, or

26  eligible nonprofit educational-improvement organizations, that

27  meet the requirements of paragraph (2)(d) or paragraph (2)(c),

28  respectively, eligibility of nonpublic schools that meet the

29  requirements of paragraph (2)(c), and eligibility of

30  expenditures under this section as provided in subsection (4).

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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 and carryforward credits under this section on

 5  a first-come, first-served basis.

 6         (e)  The Department of Education shall adopt rules

 7  necessary to determine eligibility of nonprofit

 8  scholarship-funding organizations and nonprofit

 9  educational-improvement organizations, as defined in paragraph

10  (2)(d) or paragraph (2)(c), respectively, and according to

11  subsections (4) and (5) the provisions of subsection (4) and

12  identify qualified students as defined in paragraph (2)(f)

13  (2)(e).

14         (9)(8)  DEPOSITS OF ELIGIBLE CONTRIBUTIONS.--All

15  eligible contributions received by an eligible nonprofit

16  scholarship-funding organization or an eligible nonprofit

17  educational-funding organization shall be deposited in a

18  manner consistent with s. 17.57(2).

19         Section 2.  This act shall take effect July 1, 2006.

20  

21            *****************************************

22                          SENATE SUMMARY

23    Relates to the tax on corporate income. Provides for tax
      credits for contributions to eligible nonprofit
24    educational-improvement organizations, as well as for
      contributions to eligible nonprofit scholarship-funding
25    organizations. Provides that an additional purpose of s.
      220.187, F.S., is to enable public-school students in
26    grades 2, 5, 6, 8, and 9 to receive certain assistance in
      attaining grade-level performance. Defines terms.
27    Provides for allocating among the categories of
      recipients the total allowable amount of tax credits
28    which may be granted during each state fiscal year.
      Provides obligations of eligible nonprofit
29    educational-improvement organizations. Revises parental
      obligations. Revises provisions relating to
30    administration and to deposits of eligible contributions,
      to conform.
31  

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