1 | A bill to be entitled |
2 | An act relating to corporate income tax credits; creating |
3 | s. 220.1877, F.S.; providing legislative findings and |
4 | purposes; providing definitions; establishing the Florida |
5 | Public School Tax Credit Program; providing for credits |
6 | against the corporate income tax for contributions to |
7 | public schools for certain purposes; providing |
8 | limitations; authorizing public schools to determine how |
9 | to use undesignated contributions; requiring public |
10 | schools to report certain information to the Department of |
11 | Revenue; limiting the total annual amount of credits; |
12 | requiring the department to apportion a dollar amount of |
13 | tax credits to each school board receiving eligible |
14 | contributions; providing a formula for apportioning the |
15 | dollar amount of tax credits to each school board for |
16 | allocation by the department to taxpayers applying for |
17 | corporate income tax credits; providing requirements for |
18 | taxpayers filing consolidated returns; providing |
19 | procedures and requirements for rescinding credits; |
20 | providing for use of rescinded credits by other taxpayers; |
21 | specifying certain taxpayers as ineligible to receive the |
22 | corporate tax credit; specifying administrative rules for |
23 | use and application of the credit; requiring the |
24 | Department of Revenue and the State Board of Education to |
25 | adopt rules; providing requirements for deposits of |
26 | eligible contributions; providing criteria for |
27 | preservation of tax credits under certain circumstances; |
28 | providing a limitation; providing an effective date. |
29 |
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30 | Be It Enacted by the Legislature of the State of Florida: |
31 |
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32 | Section 1. Section 220.1877, Florida Statutes, is created |
33 | to read: |
34 | 220.1877 Credits for contributions to public schools for |
35 | public school expenses.- |
36 | (1) FINDINGS AND PURPOSE.- |
37 | (a) The Legislature finds that: |
38 | 1. It has the inherent power to determine subjects of |
39 | taxation for general or particular public purposes. |
40 | 2. Expanding educational opportunities and improving the |
41 | quality of educational services within the state are valid |
42 | public purposes that the Legislature may promote using its |
43 | sovereign power to determine subjects of taxation and exemptions |
44 | from taxation. |
45 | 3. Expanding educational opportunities and the healthy |
46 | competition they promote are critical to improving the quality |
47 | of education in the state and to ensuring that all children |
48 | receive the high-quality education to which they are entitled. |
49 | (b) The purpose of this section is to: |
50 | 1. Enable taxpayers to make private, voluntary |
51 | contributions to public schools in order to promote the general |
52 | welfare. |
53 | 2. Enable children in this state to achieve a greater |
54 | level of excellence in their education. |
55 | 3. Improve the quality of education in this state, both by |
56 | expanding educational opportunities for children and by creating |
57 | incentives for public schools to achieve excellence. |
58 | 4. Allow corporations to claim education tax credits for |
59 | direct payments to public schools for educational expenses, |
60 | special assistance, tutoring, Foundation for Florida's Future, |
61 | mentoring, extracurricular activities, character education |
62 | programs, and pay-to-play fees associated with mental and |
63 | physical student development. |
64 | (2) DEFINITIONS.-As used in this section, the term: |
65 | (a) "Department" means the Department of Revenue. |
66 | (b) "Eligible contribution" means a monetary contribution |
67 | from a taxpayer, subject to the restrictions provided in this |
68 | section, to a public school. |
69 | (c) "Public school" means a school in this state that |
70 | provides education to students in any grades K-12 in a public |
71 | school district. |
72 | (3) PROGRAM.-The Florida Public School Tax Credit Program |
73 | is established. |
74 | (4) AUTHORIZATION TO GRANT PUBLIC SCHOOL FUNDING TAX |
75 | CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.- |
76 | (a)1. There is allowed a credit of 100 percent of an |
77 | eligible contribution against any tax due for a taxable year |
78 | under this chapter. The credit is allowed against the taxes |
79 | imposed by this chapter for the amount of any fees paid or cash |
80 | contributions made by a taxpayer during the taxable year to a |
81 | public school located in this state for the support of |
82 | educational expenses, special assistance, tutoring, the |
83 | Foundation for Florida's Future, mentoring, extracurricular |
84 | activities, character education programs, and pay-to-play fees. |
85 | The taxpayer may designate the specific use to which the |
86 | contribution must be applied. However, such a credit may not |
87 | exceed 75 percent of the tax due under this chapter for the |
88 | taxable year, after the application of any other allowable |
89 | credits by the taxpayer. The credit granted by this section |
90 | shall be reduced by the difference between the amount of federal |
91 | corporate income tax taking into account the credit granted by |
92 | this section and the amount of federal corporate income tax |
93 | without application of the credit granted by this section. |
94 | 2. Each public school that receives contributions that are |
95 | not designated for a specific purpose shall determine how the |
96 | contributions are used. The school advisory council may make |
97 | recommendations as to how best to apply undesignated |
98 | contributions. |
99 | 3. A public school that receives fees or a cash |
100 | contribution shall report to the department, in a form |
101 | prescribed by the department: |
102 | a. The total number of fee and cash contribution payments |
103 | received during the previous calendar year. |
104 | b. The total dollar amount of fees and contributions |
105 | received during the previous calendar year. |
106 | c. The total dollar amount from fees and contributions |
107 | received that were spent by the public school during the |
108 | previous calendar year. |
109 | (b) For each state fiscal year, the total amount of tax |
110 | credits and carryforward of tax credits which may be granted |
111 | under this section and s. 624.51055 is $118 million. The |
112 | department shall apportion to each district school board the |
113 | total dollar amount of tax credits available to taxpayers who |
114 | make eligible contributions to a public school in the school |
115 | board's district pursuant to subparagraph (a)1. The dollar |
116 | amount apportioned to each school board shall be calculated by |
117 | multiplying each school district's percentage of the previous |
118 | fiscal year's statewide total number of unweighted full-time |
119 | equivalent students times $118 million. The applicable dollar |
120 | amount resulting from the calculation for each school district |
121 | shall be apportioned to the school board for allocation by the |
122 | department to taxpayers in accordance with rules adopted under |
123 | subsection (5). |
124 | (c) A taxpayer who files a Florida consolidated return as |
125 | a member of an affiliated group pursuant to s. 220.131(1) may be |
126 | allowed the credit on a consolidated return basis; however, the |
127 | total credit taken by the affiliated group is subject to the |
128 | limitation established under paragraph (a). |
129 | (d) Effective for tax years beginning January 1, 2012, a |
130 | taxpayer may rescind all or part of its allocated tax credit |
131 | under this section. The amount rescinded shall become available |
132 | for purposes of the cap for that state fiscal year under this |
133 | section to an eligible taxpayer as approved by the department if |
134 | the taxpayer receives notice from the department that the |
135 | rescission has been accepted by the department and the taxpayer |
136 | has not previously rescinded any or all of its tax credit |
137 | allocation under this section more than once in the previous 3 |
138 | tax years. Any amount rescinded under this paragraph shall |
139 | become available to an eligible taxpayer on a first-come, first- |
140 | served basis based on tax credit applications received after the |
141 | date the rescission is accepted by the department. |
142 | (e) A taxpayer who is eligible to receive the credit |
143 | provided for in s. 624.51055 is not eligible to receive the |
144 | credit provided by this section. |
145 | (5) ADMINISTRATION; RULES.- |
146 | (a) If the credit granted pursuant to this section is not |
147 | fully used in any one year because of insufficient tax liability |
148 | on the part of the corporation, the unused amount may be carried |
149 | forward for a period not to exceed 3 years; however, any |
150 | taxpayer that seeks to carry forward an unused amount of tax |
151 | credit must submit an application for allocation of tax credits |
152 | or carryforward credits as required in paragraph (d) in the year |
153 | that the taxpayer intends to use the carryforward. This |
154 | carryforward applies to all approved contributions made after |
155 | January 1, 2012. A taxpayer may not convey, assign, or transfer |
156 | the credit authorized by this section to another entity unless |
157 | all of the assets of the taxpayer are conveyed, assigned, or |
158 | transferred in the same transaction. |
159 | (b) An application for a tax credit pursuant to this |
160 | section shall be submitted to the department on forms |
161 | established by rule of the department. |
162 | (c) The department and the Department of Education shall |
163 | develop a cooperative agreement to assist in the administration |
164 | of this section. |
165 | (d) The department shall adopt rules necessary to |
166 | administer this section, including rules establishing |
167 | application forms and procedures and governing the allocation of |
168 | tax credits and carryforward credits under this section on a |
169 | first-come, first-served basis. |
170 | (e) The State Board of Education shall adopt rules to |
171 | administer this section as it relates to the roles of the |
172 | Department of Education and the Commissioner of Education. |
173 | (6) DEPOSITS OF ELIGIBLE CONTRIBUTIONS.-All eligible |
174 | contributions received by a public school shall be deposited in |
175 | a manner consistent with s. 17.57(2). |
176 | (7) PRESERVATION OF CREDIT.-If any provision or portion of |
177 | subsection (4) or the application thereof to any person or |
178 | circumstance is held unconstitutional by any court or is |
179 | otherwise declared invalid, the unconstitutionality or |
180 | invalidity shall not affect any credit earned under subsection |
181 | (4) by any taxpayer with respect to any contribution paid to a |
182 | public school before the date of a determination of |
183 | unconstitutionality or invalidity. Such credit shall be allowed |
184 | at such time and in such a manner as if a determination of |
185 | unconstitutionality or invalidity had not been made, provided |
186 | that nothing in this subsection by itself or in combination with |
187 | any other provision of law shall result in the allowance of any |
188 | credit to any taxpayer in excess of one dollar of credit for |
189 | each dollar paid to a public school. |
190 | Section 2. This act shall take effect July 1, 2011. |