1 | A bill to be entitled |
2 | An act relating to student financial assistance; creating |
3 | s. 1009.893, F.S.; creating the Sure Futures Postgraduate |
4 | Scholarship Program to match private-sector businesses |
5 | that need employees who have advanced degrees with |
6 | students who are seeking advanced degrees and employment; |
7 | establishing the Sure Futures Foundation and a foundation |
8 | board to administer the program; providing membership and |
9 | duties of the foundation board; providing criteria for |
10 | student and corporate partner participation in the |
11 | program; providing that corporate partners shall donate |
12 | funds for scholarships and receive corporate income tax |
13 | credits for amounts donated; providing restrictions on tax |
14 | credits; providing for scholarship conversion to a low- |
15 | interest loan if certain student or employee obligations |
16 | are not met; providing duties of the Department of |
17 | Education and state universities; amending s. 220.02, |
18 | F.S.; adding the new tax credit to the list of allowable |
19 | credits; amending s. 220.13, F.S.; adding the new tax |
20 | credit to the list of state corporate income tax credits |
21 | that must be added to a taxpayer's adjusted federal |
22 | income; providing an appropriation; providing an effective |
23 | date. |
24 |
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25 | Be It Enacted by the Legislature of the State of Florida: |
26 |
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27 | Section 1. Section 1009.893, Florida Statutes, is created |
28 | to read: |
29 | 1009.893 Sure Futures Postgraduate Scholarship Program.-- |
30 | (1) The Sure Futures Postgraduate Scholarship Program is |
31 | created to establish a scholarship program to match private- |
32 | sector businesses that need employees who have advanced degrees |
33 | with students who are seeking both advanced degrees and |
34 | employment. The goals of the program are to provide for a better |
35 | educated workforce by offering students greater access to |
36 | advanced degrees and to recruit and retain Florida's best and |
37 | brightest graduate students by offering them comprehensive |
38 | financial assistance and employment. |
39 | (2) The Sure Futures Foundation is established and shall |
40 | seek s. 501(c)(3) Internal Revenue Code designation. The |
41 | foundation shall be governed by the Sure Futures Foundation |
42 | Board, which shall administer the Sure Futures Postgraduate |
43 | Scholarship Program with guidance from the Board of Governors |
44 | and the State Board of Education. Duties of the foundation board |
45 | shall include, but not be limited to: |
46 | (a) Adoption of policies and procedures for implementation |
47 | of the program, including approval of corporate partners and |
48 | their scholarship criteria. |
49 | (b) Issuance of certificate letters to corporate partners |
50 | acknowledging their eligibility for tax credits against their |
51 | chapter 220 tax liabilities. The letters of certificate shall be |
52 | in a form developed by rule of the Department of Education. |
53 | (c) Establishment of a process for approval of printed |
54 | materials, marketing, and advertising. |
55 | (3) The foundation board shall be comprised of the |
56 | following members: |
57 | (a) The Commissioner of Education as an ex officio member. |
58 | (b) The chair of the Board of Governors as an ex officio |
59 | member. |
60 | (c) Four state university presidents selected by the State |
61 | University Presidents' Association to serve 2-year terms. |
62 | (d) Four corporate partners participating in the program, |
63 | recommended by the Commissioner of Education and selected by the |
64 | Governor, to serve 2-year terms. |
65 | (e) One graduate student recommended by the Commissioner |
66 | of Education and selected by the Governor to serve a 1-year |
67 | term. |
68 |
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69 | The Commissioner of Education, the chair of the Board of |
70 | Governors, the university presidents, and the corporate partners |
71 | may designate a specific individual to represent them at board |
72 | meetings. The foundation board members shall serve without |
73 | compensation, but are entitled to receive reimbursement for |
74 | travel and per diem expenses incurred in the performance of |
75 | their duties in accordance with s. 112.061. The Department of |
76 | Education shall provide administrative support and staff to the |
77 | foundation. |
78 | (4)(a) The following students are eligible to obtain a |
79 | list of Florida corporate partners and the graduate degree |
80 | programs for which the partners are seeking candidates: |
81 | 1. A student in his or her senior year who is an |
82 | undergraduate student at a state university. |
83 | 2. A student in his or her senior year who is an |
84 | undergraduate student at an out-of-state university but who |
85 | would otherwise qualify as a resident for purposes of in-state |
86 | tuition. |
87 | 3. A graduate of a state university who intends to pursue |
88 | a graduate degree program at a state university. |
89 | (b) A student shall apply through the program to each |
90 | individual corporate partner using a standard application form. |
91 | A predetermined limit shall be established by the foundation |
92 | board for the maximum number of applications a student may |
93 | submit in a given scholarship cycle. |
94 | (c) After the initial candidate screening and interview |
95 | phase, a student selected by a corporate partner shall sign a |
96 | contract agreeing to borrow scholarship funds through the |
97 | program, with a waiver-of-payment provision if a 4-year |
98 | employment obligation is completed. The scholarship shall cover |
99 | tuition, fees, and books for the degree program and room and |
100 | board based on the university dormitory and meal plan rate for |
101 | each year the student is enrolled full time as a graduate |
102 | student. |
103 | (d) A student must maintain a minimum grade point average |
104 | as determined by the corporate partner. |
105 | (e) If a student is unable to take a full course load |
106 | during a summer semester, the student may be required by the |
107 | corporate partner to participate in an internship program. |
108 | (f) Upon graduation with an advanced degree, a graduate |
109 | shall begin working for the corporate partner and must remain |
110 | employed in Florida by the partner for a minimum of 4 years as |
111 | stipulated in the contract. |
112 | (g) If a student fails to maintain the required grade |
113 | point average or the graduate terminates his or her employment |
114 | before completing the 4-year obligation, a prorated portion of |
115 | the scholarship shall convert to a low-interest loan. |
116 | (h) The contract signed by the corporate partner and the |
117 | student shall clearly state the terms of the loan, the company's |
118 | expectations for the student's performance, employment |
119 | requirements, and potential legal remedies if the terms and |
120 | conditions of the contract are not met. |
121 | (5)(a) A corporate partner that desires new employees who |
122 | have advanced degrees shall make a monetary contribution to the |
123 | program in amounts equal to the scholarship funds necessary for |
124 | completion of a degree program from which it wishes to draw |
125 | students. Contributions may be made in one lump sum or on an |
126 | annual basis. |
127 | (b) A corporate partner may establish criteria, including, |
128 | but not limited to, the degree sought and minimum grade point |
129 | average and extracurricular activity requirements. |
130 | (c) A corporate partner may select the state universities |
131 | at which students may enroll or it may allow its scholarships to |
132 | be available for study at any state university. |
133 | (d)1. A corporate partner shall receive a credit against |
134 | its corporate income tax liability equal to the amount of the |
135 | contribution. For the first 2 years of the program, the total |
136 | tax credits available to corporate partners shall be limited to |
137 | $10 million per year. Beginning with the third year of the |
138 | program, as more corporate partners participate, the total tax |
139 | credits available to corporate partners shall be increased, as |
140 | specified by the Legislature. Beginning with the sixth year of |
141 | the program, a tax credit shall be 75 percent of a contribution |
142 | and, beginning with the eleventh year of the program, a tax |
143 | credit shall be 50 percent of a contribution. |
144 | 2. A corporate partner shall submit copies of its |
145 | certificate letter to the Department of Revenue at the time it |
146 | claims a tax credit against its corporate income tax |
147 | liabilities. |
148 | 3. If the corporate partner cannot use the entire tax |
149 | credit in the taxable year or reporting period in which the |
150 | credit is awarded because of insufficient tax liability, any |
151 | excess amount may be carried forward to a succeeding taxable |
152 | year or reporting period, for up to 10 years, at which time the |
153 | credits expire. |
154 | 4. A corporation that files a Florida consolidated return |
155 | as a member of an affiliated group pursuant to s. 220.131(1) may |
156 | be allowed the credit on a consolidated return basis. |
157 | 5. A corporation may not convey, assign, or transfer the |
158 | credit authorized by this section to another entity unless all |
159 | of the assets of the corporation are conveyed, assigned, or |
160 | transferred in the same transaction. |
161 | (e) If a corporate partner terminates a scholarship |
162 | employee for reasons other than malfeasance, misfeasance, or |
163 | nonfeasance prior to the employee's completion of the 4-year |
164 | obligation, the employee shall not be required to repay the |
165 | scholarship. A corporate partner is encouraged to establish |
166 | protocols to retain an employee prior to his or her termination. |
167 | (6)(a) The Office of Student Financial Assistance of the |
168 | Department of Education shall establish a central database of |
169 | corporate partners, the graduate degree programs for which the |
170 | partners are seeking candidates, and student applicants and |
171 | their profiles. The office shall establish a standard |
172 | application for use by all state universities. |
173 | (b) On an annual basis, the Department of Education shall |
174 | establish the amount necessary to cover the costs for degree |
175 | programs for which corporate partners may make contributions and |
176 | receive tax credits. |
177 | (7) Prepared documentation regarding the program shall be |
178 | made available through the appropriate office at each state |
179 | university. As deemed appropriate by its administration, a state |
180 | university may provide additional information or activities, |
181 | such as providing one-on-one discussions with advisors, |
182 | conducting seminars on the program, or working with companies in |
183 | its service area to create scholarships through the program. |
184 | (8) State agencies, local workforce boards, chambers of |
185 | commerce, and Enterprise Florida, Inc., shall be encouraged to |
186 | promote corporate partner and student participation in the |
187 | program. |
188 | (9) The Department of Education shall adopt rules |
189 | necessary to implement this section, including rules |
190 | establishing application forms and procedures governing the |
191 | certification of eligibility of corporate partners for tax |
192 | credits under this section. |
193 | (10) The Department of Education and the Department of |
194 | Revenue shall develop a cooperative agreement to assist each |
195 | other in implementing the tax credits created under this |
196 | section. |
197 | Section 2. Subsection (8) of section 220.02, Florida |
198 | Statutes, is amended to read: |
199 | 220.02 Legislative intent.-- |
200 | (8) It is the intent of the Legislature that credits |
201 | against either the corporate income tax or the franchise tax be |
202 | applied in the following order: those enumerated in s. 631.828, |
203 | those enumerated in s. 220.191, those enumerated in s. 220.181, |
204 | those enumerated in s. 220.183, those enumerated in s. 220.182, |
205 | those enumerated in s. 220.1895, those enumerated in s. 221.02, |
206 | those enumerated in s. 220.184, those enumerated in s. 220.186, |
207 | those enumerated in s. 220.1845, those enumerated in s. 220.19, |
208 | those enumerated in s. 220.185, those enumerated in s. 220.187, |
209 | those enumerated in s. 220.192, and those enumerated in s. |
210 | 220.193, and those enumerated in s. 1009.893. |
211 | Section 3. Paragraph (a) of subsection (1) of section |
212 | 220.13, Florida Statutes, is amended to read: |
213 | 220.13 "Adjusted federal income" defined.-- |
214 | (1) The term "adjusted federal income" means an amount |
215 | equal to the taxpayer's taxable income as defined in subsection |
216 | (2), or such taxable income of more than one taxpayer as |
217 | provided in s. 220.131, for the taxable year, adjusted as |
218 | follows: |
219 | (a) Additions.--There shall be added to such taxable |
220 | income: |
221 | 1. The amount of any tax upon or measured by income, |
222 | excluding taxes based on gross receipts or revenues, paid or |
223 | accrued as a liability to the District of Columbia or any state |
224 | of the United States which is deductible from gross income in |
225 | the computation of taxable income for the taxable year. |
226 | 2. The amount of interest which is excluded from taxable |
227 | income under s. 103(a) of the Internal Revenue Code or any other |
228 | federal law, less the associated expenses disallowed in the |
229 | computation of taxable income under s. 265 of the Internal |
230 | Revenue Code or any other law, excluding 60 percent of any |
231 | amounts included in alternative minimum taxable income, as |
232 | defined in s. 55(b)(2) of the Internal Revenue Code, if the |
233 | taxpayer pays tax under s. 220.11(3). |
234 | 3. In the case of a regulated investment company or real |
235 | estate investment trust, an amount equal to the excess of the |
236 | net long-term capital gain for the taxable year over the amount |
237 | of the capital gain dividends attributable to the taxable year. |
238 | 4. That portion of the wages or salaries paid or incurred |
239 | for the taxable year which is equal to the amount of the credit |
240 | allowable for the taxable year under s. 220.181. This |
241 | subparagraph shall expire on the date specified in s. 290.016 |
242 | for the expiration of the Florida Enterprise Zone Act. |
243 | 5. That portion of the ad valorem school taxes paid or |
244 | incurred for the taxable year which is equal to the amount of |
245 | the credit allowable for the taxable year under s. 220.182. This |
246 | subparagraph shall expire on the date specified in s. 290.016 |
247 | for the expiration of the Florida Enterprise Zone Act. |
248 | 6. The amount of emergency excise tax paid or accrued as a |
249 | liability to this state under chapter 221 which tax is |
250 | deductible from gross income in the computation of taxable |
251 | income for the taxable year. |
252 | 7. That portion of assessments to fund a guaranty |
253 | association incurred for the taxable year which is equal to the |
254 | amount of the credit allowable for the taxable year. |
255 | 8. In the case of a nonprofit corporation which holds a |
256 | pari-mutuel permit and which is exempt from federal income tax |
257 | as a farmers' cooperative, an amount equal to the excess of the |
258 | gross income attributable to the pari-mutuel operations over the |
259 | attributable expenses for the taxable year. |
260 | 9. The amount taken as a credit for the taxable year under |
261 | s. 220.1895. |
262 | 10. Up to nine percent of the eligible basis of any |
263 | designated project which is equal to the credit allowable for |
264 | the taxable year under s. 220.185. |
265 | 11. The amount taken as a credit for the taxable year |
266 | under s. 220.187. |
267 | 12. The amount taken as a credit for the taxable year |
268 | under s. 220.192. |
269 | 13. The amount taken as a credit for the taxable year |
270 | under s. 220.193. |
271 | 14. The amount taken as a credit for the taxable year |
272 | under s. 1009.893. |
273 | Section 4. There is appropriated from nonrecurring general |
274 | revenue a sum not to exceed $200,000 to the Department of |
275 | Education to pay for costs associated with administering the |
276 | Sure Futures Foundation and the Sure Futures Postgraduate |
277 | Scholarship Program. |
278 | Section 5. This act shall take effect July 1, 2008. |