Florida Senate - 2011 CS for SB 1388
By the Committee on Education Pre-K - 12; and Senator Flores
581-03413-11 20111388c1
1 A bill to be entitled
2 An act relating to the Department of Revenue; amending
3 s. 213.053, F.S.; authorizing the department to
4 release certain taxpayers’ names and addresses to
5 certain scholarship-funding organizations; amending
6 ss. 220.1875 and 624.51055, F.S.; deleting a
7 limitation on the amount of tax credit allowable for
8 contributions made to certain scholarship-funding
9 organizations; amending s. 1002.395, F.S.; extending
10 the carry-forward period for the use of certain tax
11 credits resulting from contributions to the Florida
12 Tax Credit Scholarship Program; deleting a restriction
13 on a taxpayer’s ability to rescind certain tax credits
14 resulting from contributions to the program; providing
15 an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Paragraph (dd) is added to subsection (8) of
20 section 213.053, Florida Statutes, as amended by chapter 2010
21 280, Laws of Florida, to read:
22 213.053 Confidentiality and information sharing.—
23 (8) Notwithstanding any other provision of this section,
24 the department may provide:
25 (dd) Names and addresses of the 100 taxpayers having the
26 greatest tax liabilities after all tax credits are applied
27 during the most recent calendar year for which information is
28 available for each tax identified in subparagraphs 1., 2., and
29 4., and the names and addresses of the 100 taxpayers having the
30 greatest tax liability after all tax credits are applied for the
31 most recent taxable years for which information is available for
32 the tax identified in subparagraph 3., to an eligible nonprofit
33 scholarship-funding organization under s. 1002.395 for which the
34 department approved at least $10 million of tax credit
35 allocations in the prior year. An eligible nonprofit
36 scholarship-funding organization may request the information for
37 any of the taxes identified in subparagraphs 1.-4., but may not
38 make more than one such request for each tax in any 12-month
39 period. The department shall provide such information within 45
40 days after a request by an eligible nonprofit scholarship
41 funding organization. The information may be used by the
42 eligible nonprofit scholarship-funding organization only for
43 purposes of notifying the taxpayer of the opportunity to make an
44 eligible contribution to the Florida Tax Credit Scholarship
45 Program under s. 1002.395. This paragraph applies only to
46 information relating to taxes under:
47 1. Sections 211.02 and 211.025.
48 2. Chapter 212 from a direct pay permitholder as a result
49 of the direct-pay permit held pursuant to s. 212.183.
50 3. Chapter 220, unless disclosure of the names and
51 addresses would violate the terms of any information-sharing
52 agreement between the department and an agency of the Federal
53 Government.
54 4. Section 624.509(1).
55
56 Disclosure of information under this subsection shall be
57 pursuant to a written agreement between the executive director
58 and the agency. Such agencies, governmental or nongovernmental,
59 shall be bound by the same requirements of confidentiality as
60 the Department of Revenue. Breach of confidentiality is a
61 misdemeanor of the first degree, punishable as provided by s.
62 775.082 or s. 775.083.
63 Section 2. Subsection (1) of section 220.1875, Florida
64 Statutes, is amended to read:
65 220.1875 Credit for contributions to eligible nonprofit
66 scholarship-funding organizations.—
67 (1) There is allowed a credit of 100 percent of an eligible
68 contribution made to an eligible nonprofit scholarship-funding
69 organization under s. 1002.395 against any tax due for a taxable
70 year under this chapter. However, such a credit may not exceed
71 75 percent of the tax due under this chapter for the taxable
72 year, after the application of any other allowable credits by
73 the taxpayer. The credit granted by this section shall be
74 reduced by the difference between the amount of federal
75 corporate income tax taking into account the credit granted by
76 this section and the amount of federal corporate income tax
77 without application of the credit granted by this section.
78 Section 3. Subsection (1) of section 624.51055, Florida
79 Statutes, is amended to read:
80 624.51055 Credit for contributions to eligible nonprofit
81 scholarship-funding organizations.—
82 (1) There is allowed a credit of 100 percent of an eligible
83 contribution made to an eligible nonprofit scholarship-funding
84 organization under s. 1002.395 against any tax due for a taxable
85 year under s. 624.509(1). However, such a credit may not exceed
86 75 percent of the tax due under s. 624.509(1) after deducting
87 from such tax deductions for assessments made pursuant to s.
88 440.51; credits for taxes paid under ss. 175.101 and 185.08;
89 credits for income taxes paid under chapter 220; credits for the
90 emergency excise tax paid under chapter 221; and the credit
91 allowed under s. 624.509(5), as such credit is limited by s.
92 624.509(6). An insurer claiming a credit against premium tax
93 liability under this section shall not be required to pay any
94 additional retaliatory tax levied pursuant to s. 624.5091 as a
95 result of claiming such credit. Section 624.5091 does not limit
96 such credit in any manner.
97 Section 4. Paragraphs (c) and (e) of subsection (5) of
98 section 1002.395, Florida Statutes, are amended to read:
99 1002.395 Florida Tax Credit Scholarship Program.—
100 (5) SCHOLARSHIP FUNDING TAX CREDITS; LIMITATIONS.—
101 (c) If a tax credit approved under paragraph (b) is not
102 fully used within the specified state fiscal year for credits
103 under s. 211.0251, s. 212.1831, or s. 561.1211 or against taxes
104 due for the specified taxable year for credits under s. 220.1875
105 or s. 624.51055 because of insufficient tax liability on the
106 part of the taxpayer, the unused amount may be carried forward
107 for a period not to exceed 5 3 years. However, any taxpayer that
108 seeks to carry forward an unused amount of tax credit must
109 submit an application to the department for approval of the
110 carryforward tax credit in the year that the taxpayer intends to
111 use the carryforward. The department must obtain the division’s
112 approval prior to approving the carryforward of a tax credit
113 under s. 561.1211.
114 (e) Within any state fiscal year, a taxpayer may rescind
115 all or part of a tax credit approved under paragraph (b). The
116 amount rescinded shall become available for that state fiscal
117 year to another eligible taxpayer as approved by the department
118 if the taxpayer receives notice from the department that the
119 rescindment has been accepted by the department and the taxpayer
120 has not previously rescinded any or all of its tax credits
121 approved under paragraph (b) more than once in the previous 3
122 tax years. The department must obtain the division’s approval
123 prior to accepting the rescindment of a tax credit under s.
124 561.1211. Any amount rescinded under this paragraph shall become
125 available to an eligible taxpayer on a first-come, first-served
126 basis based on tax credit applications received after the date
127 the rescindment is accepted by the department.
128 Section 5. This act shall take effect July 1, 2011.