Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1310
       
       
       
       
       
       
                                Barcode 618922                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/27/2009 02:54 PM       .                                
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       Senators Deutch, Wilson, and Rich moved the following:
       
    1         Senate Amendment (with directory amendment)
    2  
    3         Delete lines 118 - 127
    4  and insert:
    5         (5) AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX CREDITS;
    6  TAX CREDIT FOR PUBLIC SCHOOL CONTRIBUTIONS; LIMITATIONS ON
    7  INDIVIDUAL AND TOTAL CREDITS.
    8         (a) There is allowed a credit of 100 percent of an eligible
    9  contribution against any tax due for a taxable year under this
   10  chapter. The term “eligible contribution” includes a
   11  contribution made to a public school which is earmarked for the
   12  purpose of providing special assistance, tutoring, mentoring,
   13  and remediation services to eligible students meeting the
   14  criteria in subsection (3) who are attending the public school.
   15  However, such a credit may not exceed 75 percent of the tax due
   16  under this chapter for the taxable year, after the application
   17  of any other allowable credits by the taxpayer. The credit
   18  granted by this section shall be reduced by the difference
   19  between the amount of federal corporate income tax taking into
   20  account the credit granted by this section and the amount of
   21  federal corporate income tax without application of the credit
   22  granted by this section.
   23         (b) The total amount of tax credits and carryforward of tax
   24  credits which may be granted each state fiscal year under this
   25  section is:
   26         1.Through June 30, 2008, $88 million.
   27         2.Through June 30, 2009, and thereafter, $118 million. At
   28  least 1 percent of the total statewide amount authorized for the
   29  tax credit shall be reserved for taxpayers who meet the
   30  definition of a small business provided in s. 288.703(1) at the
   31  time of application.
   32         (c) A taxpayer who files a Florida consolidated return as a
   33  member of an affiliated group pursuant to s. 220.131(1) may be
   34  allowed the credit on a consolidated return basis; however, the
   35  total credit taken by the affiliated group is subject to the
   36  limitation established under paragraph (a).
   37         (d) Effective for tax years beginning January 1, 2006, a
   38  taxpayer may rescind all or part of its allocated tax credit
   39  under this section. The amount rescinded shall become available
   40  for purposes of the cap for that state fiscal year under this
   41  section to an eligible taxpayer as approved by the department if
   42  the taxpayer receives notice from the department that the
   43  rescindment has been accepted by the department and the taxpayer
   44  has not previously rescinded any or all of its tax credit
   45  allocation under this section more than once in the previous 3
   46  tax years. Any amount rescinded under this paragraph shall
   47  become available to an eligible taxpayer on a first-come, first
   48  served basis based on tax credit applications received after the
   49  date the rescindment is accepted by the department.
   50  
   51  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   52         And the directory clause is amended as follows:
   53         Delete lines 44 - 45
   54  and insert:
   55         Section 2. Subsections (2), (3), and (5), paragraphs (b)
   56  and (i) of subsection (6), and