Florida Senate - 2010 SB 1336 By Senator Bennett 21-01366-10 20101336__ 1 A bill to be entitled 2 An act relating to corporate income tax credits; 3 creating s. 220.1875, F.S.; providing legislative 4 findings and purposes; providing definitions; 5 establishing the Florida Public School Tax Credit 6 Program; providing for credits against the corporate 7 income tax for contributions to public schools for 8 certain purposes; providing limitations; authorizing 9 public schools to determine how to use undesignated 10 contributions; requiring public schools to report 11 certain information to the Department of Revenue; 12 limiting the total annual amount of credits; providing 13 requirements for taxpayers filing consolidated 14 returns; providing procedures and requirements for 15 rescinding credits; providing for use of rescinded 16 credits by other taxpayers; specifying certain 17 taxpayers as ineligible to receive the corporate tax 18 credit; specifying administrative rules for use and 19 application of the credit; requiring the Department of 20 Revenue and the State Board of Education to adopt 21 rules; providing requirements for deposits of eligible 22 contributions; providing criteria for preservation of 23 tax credits under certain circumstances; providing a 24 limitation; providing an effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Section 220.1875, Florida Statutes, is created 29 to read: 30 220.1875 Credits for contributions to public schools for 31 public school expenses.— 32 (1) FINDINGS AND PURPOSE.— 33 (a) The Legislature finds that: 34 1. It has the inherent power to determine subjects of 35 taxation for general or particular public purposes. 36 2. Expanding educational opportunities and improving the 37 quality of educational services within the state are valid 38 public purposes that the Legislature may promote using its 39 sovereign power to determine subjects of taxation and exemptions 40 from taxation. 41 3. Expanding educational opportunities and the healthy 42 competition they promote are critical to improving the quality 43 of education in the state and to ensuring that all children 44 receive the high-quality education to which they are entitled. 45 (b) The purpose of this section is to: 46 1. Enable taxpayers to make private, voluntary 47 contributions to public schools in order to promote the general 48 welfare. 49 2. Enable children in this state to achieve a greater level 50 of excellence in their education. 51 3. Improve the quality of education in this state, both by 52 expanding educational opportunities for children and by creating 53 incentives for public schools to achieve excellence. 54 4. Allow corporations to claim education tax credits for 55 direct payments to public schools for educational expenses, 56 special assistance, tutoring, Foundation for Florida’s Future, 57 mentoring, extracurricular activities, or character education 58 programs and pay-to-play fees associated with mental and 59 physical student development. 60 (2) DEFINITIONS.—As used in this section, the term: 61 (a) “Department” means the Department of Revenue. 62 (b) “Eligible contribution” means a monetary contribution 63 from a taxpayer, subject to the restrictions provided in this 64 section, to a public school. 65 (c) “Public school” means a school in this state that 66 provides education to students in any grades K-12 in a public 67 school district. 68 (3) PROGRAM.—The Florida Public School Tax Credit Program 69 is established. 70 (4) AUTHORIZATION TO GRANT PUBLIC SCHOOL FUNDING TAX 71 CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.— 72 (a)1. There is allowed a credit of 100 percent of an 73 eligible contribution against any tax due for a taxable year 74 under this chapter. The credit is allowed against the taxes 75 imposed by this chapter for the amount of any fees paid or cash 76 contributions made by a taxpayer during the taxable year to a 77 public school located in this state for the support of 78 educational expenses, special assistance, tutoring, Foundation 79 for Florida’s Future, mentoring, extracurricular activities, 80 character education programs and pay-to-play fees. The taxpayer 81 may designate the specific use to which the contribution must be 82 applied. However, such a credit may not exceed 75 percent of the 83 tax due under this chapter for the taxable year, after the 84 application of any other allowable credits by the taxpayer. The 85 credit granted by this section shall be reduced by the 86 difference between the amount of federal corporate income tax 87 taking into account the credit granted by this section and the 88 amount of federal corporate income tax without application of 89 the credit granted by this section. 90 2. Each public school that receives contributions that are 91 not designated for a specific purpose shall determine how the 92 contributions are used. The school advisory council may make 93 recommendations as to how best to apply undesignated 94 contributions. 95 3. A public school that receives fees or a cash 96 contribution shall report to the department, in a form 97 prescribed by the department: 98 a. The total number of fee and cash contribution payments 99 received during the previous calendar year. 100 b. The total dollar amount of fees and contributions 101 received during the previous calendar year. 102 c. The total dollar amount from fees and contributions 103 received that were spent by the public school during the 104 previous calendar year. 105 (b) For each state fiscal year, the total amount of tax 106 credits and carryforward of tax credits which may be granted 107 under this section and s. 624.51055 is $118 million. 108 (c) A taxpayer who files a Florida consolidated return as a 109 member of an affiliated group pursuant to s. 220.131(1) may be 110 allowed the credit on a consolidated return basis; however, the 111 total credit taken by the affiliated group is subject to the 112 limitation established under paragraph (a). 113 (d) Effective for tax years beginning January 1, 2011, a 114 taxpayer may rescind all or part of its allocated tax credit 115 under this section. The amount rescinded shall become available 116 for purposes of the cap for that state fiscal year under this 117 section to an eligible taxpayer as approved by the department if 118 the taxpayer receives notice from the department that the 119 rescission has been accepted by the department and the taxpayer 120 has not previously rescinded any or all of its tax credit 121 allocation under this section more than once in the previous 3 122 tax years. Any amount rescinded under this paragraph shall 123 become available to an eligible taxpayer on a first-come, first 124 served basis based on tax credit applications received after the 125 date the rescission is accepted by the department. 126 (e) A taxpayer who is eligible to receive the credit 127 provided for in s. 624.51055 is not eligible to receive the 128 credit provided by this section. 129 (5) ADMINISTRATION; RULES.— 130 (a) If the credit granted pursuant to this section is not 131 fully used in any one year because of insufficient tax liability 132 on the part of the corporation, the unused amount may be carried 133 forward for a period not to exceed 3 years; however, any 134 taxpayer that seeks to carry forward an unused amount of tax 135 credit must submit an application for allocation of tax credits 136 or carryforward credits as required in paragraph (d) in the year 137 that the taxpayer intends to use the carryforward. This 138 carryforward applies to all approved contributions made after 139 January 1, 2011. A taxpayer may not convey, assign, or transfer 140 the credit authorized by this section to another entity unless 141 all of the assets of the taxpayer are conveyed, assigned, or 142 transferred in the same transaction. 143 (b) An application for a tax credit pursuant to this 144 section shall be submitted to the department on forms 145 established by rule of the department. 146 (c) The department and the Department of Education shall 147 develop a cooperative agreement to assist in the administration 148 of this section. 149 (d) The department shall adopt rules necessary to 150 administer this section, including rules establishing 151 application forms and procedures and governing the allocation of 152 tax credits and carryforward credits under this section on a 153 first-come, first-served basis. 154 (e) The State Board of Education shall adopt rules pursuant 155 to ss. 120.536(1) and 120.54 to administer this section as it 156 relates to the roles of the Department of Education and the 157 Commissioner of Education. 158 (6) DEPOSITS OF ELIGIBLE CONTRIBUTIONS.—All eligible 159 contributions received by a public school shall be deposited in 160 a manner consistent with s. 17.57(2). 161 (7) PRESERVATION OF CREDIT.—If any provision or portion of 162 subsection (4) or the application thereof to any person or 163 circumstance is held unconstitutional by any court or is 164 otherwise declared invalid, the unconstitutionality or 165 invalidity shall not affect any credit earned under subsection 166 (4) by any taxpayer with respect to any contribution paid to a 167 public school before the date of a determination of 168 unconstitutionality or invalidity. Such credit shall be allowed 169 at such time and in such a manner as if a determination of 170 unconstitutionality or invalidity had not been made, provided 171 that nothing in this subsection by itself or in combination with 172 any other provision of law shall result in the allowance of any 173 credit to any taxpayer in excess of one dollar of credit for 174 each dollar paid to a public school. 175 Section 2. This act shall take effect July 1, 2010.