HB 965

A bill to be entitled
2An act relating to the Florida Tax Credit Scholarship
3Program; amending s. 213.053, F.S.; authorizing the
4Department of Revenue to disclose certain information
5relating to taxpayers to an eligible nonprofit
6scholarship-funding organization; providing for
7application to specified taxes; providing restrictions;
8amending s. 220.1875, F.S.; revising provisions relating
9to the amount of a tax credit allowed for a contribution
10made to an eligible nonprofit scholarship-funding
11organization; amending s. 1002.395, F.S.; revising
12provisions relating to the carryforward of an unused
13amount of a tax credit and the rescindment of all or part
14of a tax credit under the Florida Tax Credit Scholarship
15Program; providing an effective date.
17Be It Enacted by the Legislature of the State of Florida:
19     Section 1.  Paragraph (dd) is added to subsection (8) of
20section 213.053, Florida Statutes, as amended by chapter 2010-
21280, Laws of Florida, to read:
22     213.053  Confidentiality and information sharing.-
23     (8)  Notwithstanding any other provision of this section,
24the department may provide:
25     (dd)  Names and addresses of the 100 taxpayers with the
26greatest tax liabilities during the most recent calendar year
27for which information is available for each tax identified in
28subparagraphs 1., 2., and 4., and names and addresses of the 100
29taxpayers with the greatest tax liability for the most recent
30taxable years for which information is available for the tax
31identified in subparagraph 3., to an eligible nonprofit
32scholarship-funding organization that provides scholarships
33under s. 1002.395 to 10,000 or more eligible students. An
34eligible nonprofit scholarship-funding organization may request
35the information for any of the taxes identified in subparagraphs
361.-4. but may not make more than one such request for each tax
37in any 12-month period. The department shall provide such
38information within 45 days after a request by an eligible
39nonprofit scholarship-funding organization. The information may
40be used by the eligible nonprofit scholarship-funding
41organization only for purposes of notifying the taxpayer of the
42opportunity to make an eligible contribution to the Florida Tax
43Credit Scholarship Program under s. 1002.395. This paragraph
44applies only to information relating to taxes under:
45     1.  Sections 211.02 and 211.025.
46     2.  Chapter 212 from a direct pay permitholder as a result
47of the direct pay permit held pursuant to s. 212.183.
48     3.  Chapter 220, unless disclosure of the names and
49addresses would violate the terms of any information-sharing
50agreement between the department and an agency of the Federal
52     4.  Section 624.509(1).
54Disclosure of information under this subsection shall be
55pursuant to a written agreement between the executive director
56and the agency. Such agencies, governmental or nongovernmental,
57shall be bound by the same requirements of confidentiality as
58the Department of Revenue. Breach of confidentiality is a
59misdemeanor of the first degree, punishable as provided by s.
60775.082 or s. 775.083.
61     Section 2.  Subsection (1) of section 220.1875, Florida
62Statutes, is amended to read:
63     220.1875  Credit for contributions to eligible nonprofit
64scholarship-funding organizations.-
65     (1)  There is allowed a credit of 100 percent of an
66eligible contribution made to an eligible nonprofit scholarship-
67funding organization under s. 1002.395 against any tax due for a
68taxable year under this chapter. However, such a credit may not
69exceed 75 percent of the tax due under this chapter for the
70taxable year, after the application of any other allowable
71credits by the taxpayer. The credit granted by this section
72shall be reduced by the difference between the amount of federal
73corporate income tax taking into account the credit granted by
74this section and the amount of federal corporate income tax
75without application of the credit granted by this section.
76     Section 3.  Paragraphs (c) and (e) of subsection (5) of
77section 1002.395, Florida Statutes, are amended to read:
78     1002.395  Florida Tax Credit Scholarship Program.-
80     (c)  If a tax credit approved under paragraph (b) is not
81fully used within the specified state fiscal year for credits
82under s. 211.0251, s. 212.1831, or s. 561.1211 or against taxes
83due for the specified taxable year for credits under s. 220.1875
84or s. 624.51055 because of insufficient tax liability on the
85part of the taxpayer, the unused amount may be carried forward
86for a period not to exceed 5 3 years. However, any taxpayer that
87seeks to carry forward an unused amount of tax credit must
88submit an application to the department for approval of the
89carryforward tax credit in the year that the taxpayer intends to
90use the carryforward. The department must obtain the division's
91approval prior to approving the carryforward of a tax credit
92under s. 561.1211.
93     (e)  Within any state fiscal year, a taxpayer may rescind
94all or part of a tax credit approved under paragraph (b). The
95amount rescinded shall become available for that state fiscal
96year to another eligible taxpayer as approved by the department
97if the taxpayer receives notice from the department that the
98rescindment has been accepted by the department and the taxpayer
99has not previously rescinded any or all of its tax credits
100approved under paragraph (b) more than once in the previous 3
101tax years. The department must obtain the division's approval
102prior to accepting the rescindment of a tax credit under s.
103561.1211. Any amount rescinded under this paragraph shall become
104available to an eligible taxpayer on a first-come, first-served
105basis based on tax credit applications received after the date
106the rescindment is accepted by the department.
107     Section 4.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.