Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 1212
                        Barcode 925622
                            CHAMBER ACTION
              Senate                               House
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       03/14/2007 01:26 PM         .                    
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11  The Committee on Education Pre-K - 12 (Wise) recommended the
12  following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsections (1), (2), and (3) of section
19  220.187, Florida Statutes, are amended to read:
20         220.187  Credits for contributions to nonprofit
21  scholarship-funding organizations.--
22         (1)  FINDINGS AND PURPOSE.--
23         (a)  The Legislature finds that:
24         1.  It has the inherent power to determine subjects of
25  taxation for general or particular public purposes.
26         2.  Expanding educational opportunities and improving
27  the quality of educational services within the state are valid
28  public purposes that the Legislature may promote using its
29  sovereign power to determine subjects of taxation and
30  exemptions from taxation.
31         3.  Ensuring that all parents, regardless of means, may
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    1:12 PM   03/07/07                             s1212d-ed05-bz1

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1212 Barcode 925622 1 exercise and enjoy their basic right to educate their children 2 as they see fit is a valid public purpose that the Legislature 3 may promote using its sovereign power to determine subjects of 4 taxation and exemptions from taxation. 5 4. The existence of programs that provide expanded 6 educational opportunities in this state has not been shown to 7 reduce funding to or otherwise harm public schools within the 8 state, and, to the contrary, per-pupil funding in public 9 schools has risen each year since the first inception of those 10 programs in 1999. 11 5. It is the Legislature's judgment that expanded 12 educational opportunities and the healthy competition they 13 promote are critical to improving the quality of education in 14 the state and to ensuring that all children receive the 15 high-quality education to which they are entitled. 16 (b) The purpose of this section is to: 17 1.(a) Enable taxpayers to make Encourage private, 18 voluntary contributions to nonprofit scholarship-funding 19 organizations in order to promote the general welfare. 20 2. Provide taxpayers who wish to help parents having 21 limited resources exercise their basic right to educate their 22 children as they see fit with a means to do so. 23 3.(b) Promote the general welfare by expanding Expand 24 educational opportunities for children of families that have 25 limited financial resources. 26 4.(c) Enable children in this state to achieve a 27 greater level of excellence in their education. 28 5. Improve the quality of education in this state, 29 both by expanding educational opportunities for children and 30 by creating incentives for schools to achieve excellence. 31 (2) DEFINITIONS.--As used in this section, the term: 2 1:12 PM 03/07/07 s1212d-ed05-bz1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1212 Barcode 925622 1 (a) "Department" means the Department of Revenue. 2 (b) "Eligible contribution" means a monetary 3 contribution from a taxpayer, subject to the restrictions 4 provided in this section, to an eligible nonprofit 5 scholarship-funding organization. The taxpayer making the 6 contribution may not designate a specific child as the 7 beneficiary of the contribution. 8 (c) "Eligible nonprofit scholarship-funding 9 organization" means a charitable organization that: 10 1. Is exempt from federal income tax pursuant to s. 11 501(c)(3) of the Internal Revenue Code; 12 2. Is a Florida entity formed under chapter 607, 13 chapter 608, or chapter 617 and whose principal office is 14 located in the state; and 15 3. Complies with the provisions of subsection (6). 16 (d) "Eligible private school" means a private school, 17 as defined in s. 1002.01(2), located in Florida which offers 18 an education to students in any grades K-12 and that meets the 19 requirements in subsection (8). 20 (e) "Owner or operator" includes: 21 1. An owner, president, officer, or director of an 22 eligible nonprofit scholarship-funding organization or a 23 person with equivalent decisionmaking authority over an 24 eligible nonprofit scholarship-funding organization. 25 2. An owner, operator, superintendent, or principal of 26 an eligible private school or a person with equivalent 27 decisionmaking authority over an eligible private school. 28 (f) "Parent" has the same meaning as in s. 1000.21. 29 (3) PROGRAM; SCHOLARSHIP ELIGIBILITY.--The Corporate 30 Income Tax Credit Scholarship Program is established. A 31 student is eligible for a corporate income tax credit 3 1:12 PM 03/07/07 s1212d-ed05-bz1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1212 Barcode 925622 1 scholarship if the student qualifies for free or reduced-price 2 school lunches under the National School Lunch Act and: 3 (a) Was counted as a full-time equivalent student 4 during the previous state fiscal year for purposes of state 5 per-student funding; 6 (b) Was counted as a full-time equivalent student at 7 any time during the previous state fiscal year in a Department 8 of Juvenile Justice educational program under s. 1003.52 for 9 purposes of state per-student funding; 10 (c)(b) Received a scholarship from an eligible 11 nonprofit scholarship-funding organization or from the State 12 of Florida during the previous school year; or 13 (d)(c) Is eligible to enter kindergarten or first 14 grade; or. 15 (e) Has been placed in foster care as defined in s. 16 39.01. 17 18 Contingent upon available funds, a student may continue in the 19 scholarship program as long as the student's family income 20 level does not exceed 200 percent of the federal poverty 21 level. Family income for purposes of a student described in 22 paragraph (e) shall consist only of the income that may be 23 considered in determining whether he or she qualifies for free 24 or reduced-price school lunches under the National School 25 Lunch Act. 26 Section 2. This act shall take effect July 1, 2007. 27 28 29 ================ T I T L E A M E N D M E N T =============== 30 And the title is amended as follows: 31 Delete everything before the enacting clause 4 1:12 PM 03/07/07 s1212d-ed05-bz1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1212 Barcode 925622 1 and insert: 2 A bill to be entitled 3 An act relating to the Corporate Income Tax 4 Credit Scholarship Program; amending s. 5 220.187, F.S.; providing legislative findings; 6 revising program purposes; providing a 7 definition; providing that specified students 8 who have been in Department of Juvenile Justice 9 education programs or who are placed in foster 10 care are eligible for participation in the 11 scholarship program; revising income criteria 12 for continuation of a scholarship for students 13 placed in foster care; providing an effective 14 date. 15 16 WHEREAS, the Corporate Income Tax Credit Scholarship 17 Program has produced substantial cost savings by relieving the 18 state of the expense of educating program participants in 19 public schools at a cost in foregone tax revenue that is 20 substantially less than the per-pupil cost of educating 21 children in public schools, and 22 WHEREAS, the Corporate Income Tax Credit Scholarship 23 Program has relieved public school class size by creating new 24 classroom spaces in the public schools at no cost to the 25 taxpayers, and 26 WHEREAS, empirical evidence is clear, overwhelming, and 27 uncontroverted that expanding educational options produces 28 improved educational outcomes, both for participating children 29 and for public schools that are exposed to healthy competition 30 as a result, and no study has ever documented any harm to 31 public schools as a result of expanding educational options 5 1:12 PM 03/07/07 s1212d-ed05-bz1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1212 Barcode 925622 1 through programs like Corporate Tax Credit Scholarships, NOW, 2 THEREFORE, 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 1:12 PM 03/07/07 s1212d-ed05-bz1