Senate Bill sb1212c1

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    Florida Senate - 2007                           CS for SB 1212

    By the Committee on Education Pre-K - 12; and Senator Wise





    581-2052-07

  1                      A bill to be entitled

  2         An act relating to the Corporate Income Tax

  3         Credit Scholarship Program; amending s.

  4         220.187, F.S.; providing legislative findings;

  5         revising program purposes; providing a

  6         definition; providing that specified students

  7         who have been in Department of Juvenile Justice

  8         education programs or who are placed in foster

  9         care are eligible for participation in the

10         scholarship program; revising income criteria

11         for continuation of a scholarship for students

12         placed in foster care; providing an effective

13         date.

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15         WHEREAS, the Corporate Income Tax Credit Scholarship

16  Program has produced substantial cost savings by relieving the

17  state of the expense of educating program participants in

18  public schools at a cost in foregone tax revenue that is

19  substantially less than the per-pupil cost of educating

20  children in public schools, and

21         WHEREAS, the Corporate Income Tax Credit Scholarship

22  Program has relieved public school class size by creating new

23  classroom spaces in the public schools at no cost to the

24  taxpayers, and

25         WHEREAS, empirical evidence is clear, overwhelming, and

26  uncontroverted that expanding educational options produces

27  improved educational outcomes, both for participating children

28  and for public schools that are exposed to healthy competition

29  as a result, and no study has ever documented any harm to

30  public schools as a result of expanding educational options

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    Florida Senate - 2007                           CS for SB 1212
    581-2052-07




 1  through programs like Corporate Tax Credit Scholarships, NOW,

 2  THEREFORE,

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

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 6         Section 1.  Subsections (1), (2), and (3) of section

 7  220.187, Florida Statutes, are amended to read:

 8         220.187  Credits for contributions to nonprofit

 9  scholarship-funding organizations.--

10         (1)  FINDINGS AND PURPOSE.--

11         (a)  The Legislature finds that:

12         1.  It has the inherent power to determine subjects of

13  taxation for general or particular public purposes.

14         2.  Expanding educational opportunities and improving

15  the quality of educational services within the state are valid

16  public purposes that the Legislature may promote using its

17  sovereign power to determine subjects of taxation and

18  exemptions from taxation.

19         3.  Ensuring that all parents, regardless of means, may

20  exercise and enjoy their basic right to educate their children

21  as they see fit is a valid public purpose that the Legislature

22  may promote using its sovereign power to determine subjects of

23  taxation and exemptions from taxation.

24         4.  The existence of programs that provide expanded

25  educational opportunities in this state has not been shown to

26  reduce funding to or otherwise harm public schools within the

27  state, and, to the contrary, per-pupil funding in public

28  schools has risen each year since the first inception of those

29  programs in 1999.

30         5.  It is the Legislature's judgment that expanded

31  educational opportunities and the healthy competition they

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    Florida Senate - 2007                           CS for SB 1212
    581-2052-07




 1  promote are critical to improving the quality of education in

 2  the state and to ensuring that all children receive the

 3  high-quality education to which they are entitled.

 4         (b)  The purpose of this section is to:

 5         1.(a)  Enable taxpayers to make Encourage private,

 6  voluntary contributions to nonprofit scholarship-funding

 7  organizations in order to promote the general welfare.

 8         2.  Provide taxpayers who wish to help parents having

 9  limited resources exercise their basic right to educate their

10  children as they see fit with a means to do so.

11         3.(b)  Promote the general welfare by expanding Expand

12  educational opportunities for children of families that have

13  limited financial resources.

14         4.(c)  Enable children in this state to achieve a

15  greater level of excellence in their education.

16         5.  Improve the quality of education in this state,

17  both by expanding educational opportunities for children and

18  by creating incentives for schools to achieve excellence.

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

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

21         (b)  "Eligible contribution" means a monetary

22  contribution from a taxpayer, subject to the restrictions

23  provided in this section, to an eligible nonprofit

24  scholarship-funding organization. The taxpayer making the

25  contribution may not designate a specific child as the

26  beneficiary of the contribution.

27         (c)  "Eligible nonprofit scholarship-funding

28  organization" means a charitable organization that:

29         1.  Is exempt from federal income tax pursuant to s.

30  501(c)(3) of the Internal Revenue Code;

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    Florida Senate - 2007                           CS for SB 1212
    581-2052-07




 1         2.  Is a Florida entity formed under chapter 607,

 2  chapter 608, or chapter 617 and whose principal office is

 3  located in the state; and

 4         3.  Complies with the provisions of subsection (6).

 5         (d)  "Eligible private school" means a private school,

 6  as defined in s. 1002.01(2), located in Florida which offers

 7  an education to students in any grades K-12 and that meets the

 8  requirements in subsection (8).

 9         (e)  "Owner or operator" includes:

10         1.  An owner, president, officer, or director of an

11  eligible nonprofit scholarship-funding organization or a

12  person with equivalent decisionmaking authority over an

13  eligible nonprofit scholarship-funding organization.

14         2.  An owner, operator, superintendent, or principal of

15  an eligible private school or a person with equivalent

16  decisionmaking authority over an eligible private school.

17         (f)  "Parent" has the same meaning as in s. 1000.21.

18         (3)  PROGRAM; SCHOLARSHIP ELIGIBILITY.--The Corporate

19  Income Tax Credit Scholarship Program is established. A

20  student is eligible for a corporate income tax credit

21  scholarship if the student qualifies for free or reduced-price

22  school lunches under the National School Lunch Act and:

23         (a)  Was counted as a full-time equivalent student

24  during the previous state fiscal year for purposes of state

25  per-student funding;

26         (b)  Was counted as a full-time equivalent student at

27  any time during the previous state fiscal year in a Department

28  of Juvenile Justice educational program under s. 1003.52 for

29  purposes of state per-student funding;

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    Florida Senate - 2007                           CS for SB 1212
    581-2052-07




 1         (c)(b)  Received a scholarship from an eligible

 2  nonprofit scholarship-funding organization or from the State

 3  of Florida during the previous school year; or

 4         (d)(c)  Is eligible to enter kindergarten or first

 5  grade; or.

 6         (e)  Has been placed in foster care as defined in s.

 7  39.01.

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 9  Contingent upon available funds, a student may continue in the

10  scholarship program as long as the student's family income

11  level does not exceed 200 percent of the federal poverty

12  level. Family income for purposes of a student described in

13  paragraph (e) shall consist only of the income that may be

14  considered in determining whether he or she qualifies for free

15  or reduced-price school lunches under the National School

16  Lunch Act.

17         Section 2.  This act shall take effect July 1, 2007.

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    Florida Senate - 2007                           CS for SB 1212
    581-2052-07




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1212

 3                                 

 4  The committee substitute:

 5  -Includes legislative findings related to the Corporate Income
    Tax Credit (CTC) Program;
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    -Eliminates the cap on the number of foster care students who
 7  may be eligible for the CTC program;

 8  -Defines family income for foster care students as the income
    that is considered in determining whether the students qualify
 9  for free or reduced-price meals under the National School
    Lunch Act;
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    -Expands eligibility for the CTC program to include students
11  who were counted as full-time equivalent students at any time
    during the previous state fiscal year in a Department of
12  Juvenile Justice educational program under s. 1003.52, F.S.,
    for purposes of state per-student funding; and
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    -Defines the term "parent" for purposes of a child's
14  participation in the CTC program.

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