Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 1212
                        Barcode 925622
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1           Comm: 1/RCS           .                    
       03/14/2007 01:26 PM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Education Pre-K - 12 (Wise) recommended the
12  following amendment:
13  
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
                                  1
    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