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   15         rescinding credits; providing for use of rescinded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.