Florida Senate - 2021 CS for SB 1372
By the Committee on Appropriations; and Senator Burgess
576-04450-21 20211372c1
1 A bill to be entitled
2 An act relating to home book delivery for elementary
3 students; providing legislative findings; creating ss.
4 211.0252 and 212.1833, F.S.; providing credits against
5 oil and gas production taxes and sales taxes payable
6 by direct pay permitholders, respectively, under the
7 New Worlds Reading Initiative Tax Credit; specifying
8 requirements and procedures for, and limitations on,
9 the credits; amending s. 220.02, F.S.; revising the
10 order in which tax credits against the corporate
11 income tax credit or the franchise tax are applied;
12 amending s. 220.13, F.S.; revising the definition of
13 the term “adjusted federal income”; amending s.
14 220.186, F.S.; revising the calculation of the
15 corporate income tax credit for the Florida
16 alternative minimum tax; creating s. 220.1876, F.S.;
17 providing a credit against the corporate income tax
18 under the New Worlds Reading Initiative Tax Credit;
19 specifying requirements and procedures for, and
20 limitations on, the credit; creating ss. 561.1212 and
21 624.51056, F.S.; providing credits against excise
22 taxes on certain alcoholic beverages and the insurance
23 premium tax, respectively, under the New Worlds
24 Initiative Tax Credit; specifying requirements and
25 procedures for, and limitations on, the credits;
26 creating s. 1003.485 F.S.; defining terms;
27 establishing the New Worlds Reading Initiative under
28 the Department of Education; requiring the department
29 to contract with a state university to administer the
30 initiative; providing duties of the department and
31 administrator; requiring the administrator, in
32 consultation with a specified entity, to develop a
33 selection of books; requiring the administrator to
34 facilitate distribution of books; requiring the
35 administrator to assist with local implementation of
36 the initiative; requiring the administrator to
37 maintain a clearinghouse of specified information;
38 requiring the administrator to develop and disseminate
39 certain training materials by specified means;
40 requiring the administrator to annually submit an
41 audit report; requiring the administrator to maintain
42 specified accounts for program funds; providing
43 spending requirements; requiring the administrator to
44 provide a certificate of contribution in certain
45 circumstances; establishing reporting requirements;
46 establishing a tax credit cap amount; authorizing a
47 taxpayer to apply for a tax credit; providing
48 requirements for the application; specifying a
49 limitation on, and application procedures for, the tax
50 credit; specifying requirements and procedures for,
51 and restrictions on, the carryforward, conveyance,
52 transfer, assignment, and rescindment of credits;
53 specifying requirements and procedures for the
54 Department of Revenue; establishing student
55 eligibility requirements; requiring school districts
56 to identify eligible students and notify parents;
57 requiring school districts to coordinate with the
58 administrator to initiate book delivery; providing
59 requirements for book delivery; requiring that
60 students be offered certain options relating to books;
61 specifying when student eligibility ends; requiring
62 school districts raise awareness of the initiative;
63 authorizing the Department of Revenue, the Division of
64 Alcoholic Beverages and Tobacco of the Department of
65 Business and Professional Regulation, and the
66 Department of Education to develop a cooperative
67 agreement and adopt rules; amending s. 1008.25, F.S.;
68 requiring that a certain notification include
69 information about the initiative; authorizing the
70 Department of Revenue to adopt emergency rules;
71 providing an effective date.
72
73 Be It Enacted by the Legislature of the State of Florida:
74
75 Section 1. The Legislature finds that the ability to read
76 is fundamental to a productive, fulfilling, culturally
77 rewarding, and civically engaged life. Furthermore, a literacy
78 rich home environment helps develop reading and writing skills
79 in young learners to prepare them for future academic and career
80 success. Research shows that students who read frequently
81 perform better academically than those who do not.
82 Unfortunately, statistics show students who have fewer books and
83 literacy-based interactions at home than their peers have lower
84 educational attainment and lifetime income-earning potential.
85 Programs that deliver books directly to students’ homes and
86 support engagement in reading enable parents to develop their
87 child’s reading skills and enjoyment of reading and foster
88 improved outcomes for students.
89 Section 2. Section 211.0252, Florida Statutes, is created
90 to read:
91 211.0252 Credit for contributions to the New Worlds Reading
92 Initiative.—Beginning January 1, 2022, there is allowed a credit
93 of 100 percent of an eligible contribution made to the New
94 Worlds Reading Initiative under s. 1003.485 against any tax due
95 under s. 211.02 or s. 211.025. However, the combined credit
96 allowed under this section and s. 211.0251 may not exceed 50
97 percent of the tax due on the return on which the credit is
98 taken. If the combined credit allowed under this section and s.
99 211.0251 exceeds 50 percent of the tax due on the return, the
100 credit must first be taken under s. 211.0251. Any remaining
101 liability must be taken under this section but may not exceed 50
102 percent of the tax due. For purposes of the distributions of tax
103 revenue under s. 211.06, the department shall disregard any tax
104 credits allowed under this section to ensure that any reduction
105 in tax revenue received which is attributable to the tax credits
106 results only in a reduction in distributions to the General
107 Revenue Fund. Section 1003.485 applies to the credit authorized
108 by this section.
109 Section 3. Section 212.1833, Florida Statutes, is created
110 to read:
111 212.1833 Credit for contributions to the New Worlds Reading
112 Initiative.—Beginning January 1, 2022, there is allowed a credit
113 of 100 percent of an eligible contribution made to the New
114 Worlds Reading Initiative under s. 1003.485 against any tax
115 imposed by the state and due under this chapter from a direct
116 pay permitholder as a result of the direct-pay permit held
117 pursuant to s. 212.183. For purposes of the dealer’s credit
118 granted for keeping prescribed records, filing timely tax
119 returns, and properly accounting and remitting taxes under s.
120 212.12, the amount of tax due used to calculate the credit shall
121 include any eligible contribution made to the New Worlds Reading
122 Initiative from a direct pay permitholder. For purposes of the
123 distributions of tax revenue under s. 212.20, the department
124 shall disregard any tax credits allowed under this section to
125 ensure that any reduction in tax revenue received which is
126 attributable to the tax credits results only in a reduction in
127 distributions to the General Revenue Fund. Section 1003.485
128 applies to the credit authorized by this section. A dealer who
129 claims a tax credit under this section must file his or her tax
130 returns and pay his or her taxes by electronic means under s.
131 213.755.
132 Section 4. Subsection (8) of section 220.02, Florida
133 Statutes, is amended to read:
134 220.02 Legislative intent.—
135 (8) It is the intent of the Legislature that credits
136 against either the corporate income tax or the franchise tax be
137 applied in the following order: those enumerated in s. 631.828,
138 those enumerated in s. 220.191, those enumerated in s. 220.181,
139 those enumerated in s. 220.183, those enumerated in s. 220.182,
140 those enumerated in s. 220.1895, those enumerated in s. 220.195,
141 those enumerated in s. 220.184, those enumerated in s. 220.186,
142 those enumerated in s. 220.1845, those enumerated in s. 220.19,
143 those enumerated in s. 220.185, those enumerated in s. 220.1875,
144 those enumerated in s. 220.1876, those enumerated in s. 220.193,
145 those enumerated in s. 288.9916, those enumerated in s.
146 220.1899, those enumerated in s. 220.194, and those enumerated
147 in s. 220.196.
148 Section 5. Paragraph (a) of subsection (1) of section
149 220.13, Florida Statutes, is amended to read:
150 220.13 “Adjusted federal income” defined.—
151 (1) The term “adjusted federal income” means an amount
152 equal to the taxpayer’s taxable income as defined in subsection
153 (2), or such taxable income of more than one taxpayer as
154 provided in s. 220.131, for the taxable year, adjusted as
155 follows:
156 (a) Additions.—There shall be added to such taxable income:
157 1.a. The amount of any tax upon or measured by income,
158 excluding taxes based on gross receipts or revenues, paid or
159 accrued as a liability to the District of Columbia or any state
160 of the United States which is deductible from gross income in
161 the computation of taxable income for the taxable year.
162 b. Notwithstanding sub-subparagraph a., if a credit taken
163 under s. 220.1875 or s. 220.1876 is added to taxable income in a
164 previous taxable year under subparagraph 11. and is taken as a
165 deduction for federal tax purposes in the current taxable year,
166 the amount of the deduction allowed shall not be added to
167 taxable income in the current year. The exception in this sub
168 subparagraph is intended to ensure that the credit under s.
169 220.1875 or s. 220.1876 is added in the applicable taxable year
170 and does not result in a duplicate addition in a subsequent
171 year.
172 2. The amount of interest which is excluded from taxable
173 income under s. 103(a) of the Internal Revenue Code or any other
174 federal law, less the associated expenses disallowed in the
175 computation of taxable income under s. 265 of the Internal
176 Revenue Code or any other law, excluding 60 percent of any
177 amounts included in alternative minimum taxable income, as
178 defined in s. 55(b)(2) of the Internal Revenue Code, if the
179 taxpayer pays tax under s. 220.11(3).
180 3. In the case of a regulated investment company or real
181 estate investment trust, an amount equal to the excess of the
182 net long-term capital gain for the taxable year over the amount
183 of the capital gain dividends attributable to the taxable year.
184 4. That portion of the wages or salaries paid or incurred
185 for the taxable year which is equal to the amount of the credit
186 allowable for the taxable year under s. 220.181. This
187 subparagraph shall expire on the date specified in s. 290.016
188 for the expiration of the Florida Enterprise Zone Act.
189 5. That portion of the ad valorem school taxes paid or
190 incurred for the taxable year which is equal to the amount of
191 the credit allowable for the taxable year under s. 220.182. This
192 subparagraph shall expire on the date specified in s. 290.016
193 for the expiration of the Florida Enterprise Zone Act.
194 6. The amount taken as a credit under s. 220.195 which is
195 deductible from gross income in the computation of taxable
196 income for the taxable year.
197 7. That portion of assessments to fund a guaranty
198 association incurred for the taxable year which is equal to the
199 amount of the credit allowable for the taxable year.
200 8. In the case of a nonprofit corporation which holds a
201 pari-mutuel permit and which is exempt from federal income tax
202 as a farmers’ cooperative, an amount equal to the excess of the
203 gross income attributable to the pari-mutuel operations over the
204 attributable expenses for the taxable year.
205 9. The amount taken as a credit for the taxable year under
206 s. 220.1895.
207 10. Up to nine percent of the eligible basis of any
208 designated project which is equal to the credit allowable for
209 the taxable year under s. 220.185.
210 11. Any The amount taken as a credit for the taxable year
211 under s. 220.1875 or s. 220.1876. The addition in this
212 subparagraph is intended to ensure that the same amount is not
213 allowed for the tax purposes of this state as both a deduction
214 from income and a credit against the tax. This addition is not
215 intended to result in adding the same expense back to income
216 more than once.
217 12. The amount taken as a credit for the taxable year under
218 s. 220.193.
219 13. Any portion of a qualified investment, as defined in s.
220 288.9913, which is claimed as a deduction by the taxpayer and
221 taken as a credit against income tax pursuant to s. 288.9916.
222 14. The costs to acquire a tax credit pursuant to s.
223 288.1254(5) that are deducted from or otherwise reduce federal
224 taxable income for the taxable year.
225 15. The amount taken as a credit for the taxable year
226 pursuant to s. 220.194.
227 16. The amount taken as a credit for the taxable year under
228 s. 220.196. The addition in this subparagraph is intended to
229 ensure that the same amount is not allowed for the tax purposes
230 of this state as both a deduction from income and a credit
231 against the tax. The addition is not intended to result in
232 adding the same expense back to income more than once.
233 Section 6. Subsection (2) of section 220.186, Florida
234 Statutes, is amended to read:
235 220.186 Credit for Florida alternative minimum tax.—
236 (2) The credit pursuant to this section shall be the amount
237 of the excess, if any, of the tax paid based upon taxable income
238 determined pursuant to s. 220.13(2)(k) over the amount of tax
239 which would have been due based upon taxable income without
240 application of s. 220.13(2)(k), before application of this
241 credit without application of any credit under s. 220.1875 or s.
242 220.1876.
243 Section 7. Section 220.1876, Florida Statutes, is created
244 to read:
245 220.1876 Credit for contributions to the New Worlds Reading
246 Initiative.—
247 (1) For taxable years beginning on or after January 1,
248 2022, there is allowed a credit of 100 percent of an eligible
249 contribution made to the New Worlds Reading Initiative under s.
250 1003.485 against any tax due for a taxable year under this
251 chapter after the application of any other allowable credits by
252 the taxpayer. An eligible contribution must be made to the New
253 Worlds Reading Initiative on or before the date the taxpayer is
254 required to file a return pursuant to s. 220.222. The credit
255 granted by this section shall be reduced by the difference
256 between the amount of federal corporate income tax, taking into
257 account the credit granted by this section, and the amount of
258 federal corporate income tax without application of the credit
259 granted by this section.
260 (2) A taxpayer who files a Florida consolidated return as a
261 member of an affiliated group pursuant to s. 220.131(1) may be
262 allowed the credit on a consolidated return basis; however, the
263 total credit taken by the affiliated group is subject to the
264 limitation established under subsection (1).
265 (3) Section 1003.485 applies to the credit authorized by
266 this section.
267 (4) If a taxpayer applies and is approved for a credit
268 under s. 1003.485 after timely requesting an extension to file
269 under s. 220.222(2):
270 (a) The credit does not reduce the amount of tax due for
271 purposes of the department’s determination as to whether the
272 taxpayer was in compliance with the requirement to pay tentative
273 taxes under ss. 220.222 and 220.32.
274 (b) The taxpayer’s noncompliance with the requirement to
275 pay tentative taxes shall result in the revocation and
276 rescindment of any such credit.
277 (c) The taxpayer shall be assessed for any taxes,
278 penalties, or interest due from the taxpayer’s noncompliance
279 with the requirement to pay tentative taxes.
280 Section 8. Section 561.1212, Florida Statutes, is created
281 to read:
282 561.1212 Credit for contributions to the New Worlds Reading
283 Initiative.—Beginning January 1, 2022, there is allowed a credit
284 of 100 percent of an eligible contribution made to the New
285 Worlds Reading Initiative under s. 1003.485 against any tax due
286 under s. 563.05, s. 564.06, or s. 565.12, except excise taxes
287 imposed on wine produced by manufacturers in this state from
288 products grown in this state. However, a credit allowed under
289 this section may not exceed 90 percent of the tax due on the
290 return on which the credit is taken. For purposes of the
291 distributions of tax revenue under ss. 561.121 and 564.06(10),
292 the division shall disregard any tax credits allowed under this
293 section to ensure that any reduction in tax revenue received
294 which is attributable to the tax credits results only in a
295 reduction in distributions to the General Revenue Fund. The
296 provisions of s. 1003.485 apply to the credit authorized by this
297 section.
298 Section 9. Section 624.51056, Florida Statutes, is created
299 to read:
300 624.51056 Credit for contributions to the New Worlds
301 Reading Initiative.—
302 (1) For taxable years beginning on or after January 1,
303 2022, there is allowed a credit of 100 percent of an eligible
304 contribution made to the New Worlds Reading Initiative under s.
305 1003.485 against any tax due for a taxable year under s.
306 624.509(1) after deducting from such tax deductions for
307 assessments made pursuant to s. 440.51, credits for taxes paid
308 under ss. 175.101 and 185.08, credits for income taxes paid
309 under chapter 220, and the credit allowed under s. 624.509(5),
310 as such credit is limited by s. 624.509(6). An eligible
311 contribution must be made to the New Worlds Reading Initiative
312 on or before the date the taxpayer is required to file a return
313 pursuant to ss. 624.509 and 624.5092. An insurer claiming a
314 credit against premium tax liability under this section is not
315 required to pay any additional retaliatory tax levied under s.
316 624.5091 as a result of claiming such credit. Section 624.5091
317 does not limit such credit in any manner.
318 (2) Section 1003.485 applies to the credit authorized by
319 this section.
320 Section 10. Section 1003.485, Florida Statutes, is created
321 to read:
322 1003.485 The New Worlds Reading Initiative.—
323 (1) DEFINITIONS.—As used in this section, the term:
324 (a) “Administrator” means a state university registered
325 with the department under s. 1002.395(15)(i) and designated to
326 administer the initiative under paragraph (2)(a).
327 (b) “Annual tax credit amount” means, for any state fiscal
328 year, the sum of the amount of tax credits approved under
329 paragraph (3)(b), including tax credits to be taken under s.
330 211.0252, s. 212.1833, s. 220.1876, s. 561.1212, or s.
331 624.51056, which are approved for taxpayers whose taxable years
332 begin on or after January 1 of the calendar year preceding the
333 start of the applicable state fiscal year.
334 (c) “Department” means the Department of Education.
335 (d) “Division” means the Division of Alcoholic Beverages
336 and Tobacco of the Department of Business and Professional
337 Regulation.
338 (e) “Eligible contribution” means a monetary contribution
339 from a taxpayer, subject to the restrictions provided in this
340 section, to the administrator.
341 (f) “Initiative” means the New Worlds Reading Initiative.
342 (2) NEW WORLDS READING INITIATIVE; ADMINISTRATION.—The New
343 Worlds Reading Initiative is established under the department to
344 improve literacy skills and instill a love of reading by
345 providing high-quality, free books to students in kindergarten
346 through grade 5 who are reading below grade level.
347 (a) The department shall:
348 1. Designate an administrator to implement the initiative
349 and to receive funding as provided in this section. The
350 administrator must have an academic innovation institution with
351 extensive experience in:
352 a. Conducting academic research in early literacy
353 instruction.
354 b. Implementing online delivery of early learning and
355 literacy training for educators nationally.
356 c. Developing online support materials that assist parents
357 and caregivers in developing early literacy skills.
358 d. Conducting fundraising and public awareness campaigns to
359 support the development and growth of evidence-based educational
360 initiatives that support learning at home and in schools.
361 2. Publish information about the initiative and tax credits
362 under subsection (3) on its website, including the process for a
363 taxpayer to select the administrator as the recipient of funding
364 through a tax credit.
365 3. Beginning September 30, 2022, and annually thereafter,
366 report on its website the number of students participating in
367 the initiative in each school district, information from the
368 annual financial report under subparagraph (b)6., and the
369 academic achievement and learning gains, as applicable, of
370 participating students based on data provided by school
371 districts as permitted under s. 1002.22. The department shall
372 establish a date by which the administrator and each school
373 district must annually provide the data necessary to complete
374 the report.
375 (b) The administrator shall:
376 1. Develop, in consultation with the Just Read, Florida!
377 Office under s. 1001.215, a selection of high-quality books
378 encompassing diverse subjects and genres for each grade level to
379 be mailed to students in the initiative.
380 2. Distribute books at no cost to students as provided in
381 paragraph (4)(c) either directly or through an agreement with a
382 book distribution company.
383 3. Assist local implementation of the initiative by
384 providing marketing materials to school districts and any
385 partnering nonprofit organizations to assist with public
386 awareness campaigns and other activities designed to increase
387 family engagement and instill a love of reading in students.
388 4. Maintain a clearinghouse for information on national,
389 state, and local nonprofit organizations that support efforts to
390 improve literacy and provide books to children.
391 5. Develop training materials for parents of students in
392 the initiative, including brief video training modules, which
393 engage families in reading and assist with improving student
394 literacy skills. The administrator shall periodically send, via
395 text message and e-mail, tips for facilitating reading at home
396 and hyperlinks to the video training modules.
397 6. Annually submit to the department an annual financial
398 report that includes, at a minimum, the amount of eligible
399 contributions received by the administrator; the amount spent on
400 each activity required by this paragraph, including
401 administrative expenses; and the number of students and
402 households served under the initiative.
403 7. Maintain separate accounts for operating funds and funds
404 for the purchase and delivery of books.
405 8. Expend eligible contributions received only for the
406 purchase and delivery of books and to implement the requirements
407 of this section, as well as for administrative expenses not to
408 exceed 2 percent of total eligible contributions.
409 Notwithstanding s. 1002.395(6)(j)2., the administrator may carry
410 forward up to 25 percent of eligible contributions to the
411 following state fiscal year for purposes authorized by this
412 subsection. Any eligible contributions in excess of the 25
413 percent carry forward not used to provide additional books
414 throughout the year to eligible students shall revert to the
415 state treasury.
416 9. Upon receipt of a contribution, provide the taxpayer
417 that made the contribution with a certificate of contribution. A
418 certificate of contribution must include the taxpayer’s name
419 and, if available, its federal employer identification number,
420 the amount contributed, the date of contribution, and the name
421 of the administrator.
422 (3) NEW WORLDS READING INITIATIVE TAX CREDITS;
423 APPLICATIONS, TRANSFERS, AND LIMITATIONS.—
424 (a) The tax credit cap amount is $10 million for the 2021
425 2022 state fiscal year, $30 million for the 2022-2023 state
426 fiscal year, and $50 million in each state fiscal year
427 thereafter.
428 (b) Beginning October 1, 2021, a taxpayer may submit an
429 application to the Department of Revenue for a tax credit or
430 credits to be taken under one or more of s. 211.0252, s.
431 212.1833, s. 220.1876, s. 561.1212, or s. 624.51056.
432 1. The taxpayer shall specify in the application each tax
433 for which the taxpayer requests a credit and the applicable
434 taxable year for a credit under s. 220.1876 or s. 624.51056 or
435 the applicable state fiscal year for a credit under s. 211.0252,
436 s. 212.1833, or s. 561.1212. For purposes of s. 220.1876, a
437 taxpayer may apply for a credit to be used for a prior taxable
438 year before the date the taxpayer is required to file a return
439 for that year pursuant to s. 220.222. For purposes of s.
440 624.51056, a taxpayer may apply for a credit to be used for a
441 prior taxable year before the date the taxpayer is required to
442 file a return for that prior taxable year pursuant to ss.
443 624.509 and 624.5092. The Department of Revenue shall approve
444 tax credits on a first-come, first-served basis and must obtain
445 the division’s approval before approving a tax credit under s.
446 561.1212.
447 2. Within 10 days after approving or denying an
448 application, the Department of Revenue shall provide a copy of
449 its approval or denial letter to the administrator.
450 (c) If a tax credit approved under paragraph (b) is not
451 fully used within the specified state fiscal year for credits
452 under s. 211.0252, s. 212.1833, or s. 561.1212 or against taxes
453 due for the specified taxable year for credits under s. 220.1876
454 or s. 624.51056 because of insufficient tax liability on the
455 part of the taxpayer, the unused amount must be carried forward
456 for a period not to exceed 10 years. For purposes of s.
457 220.1876, a credit carried forward may be used in a subsequent
458 year after applying the other credits and unused carryovers in
459 the order provided in s. 220.02(8).
460 (d) A taxpayer may not convey, transfer, or assign an
461 approved tax credit or a carryforward tax credit to another
462 entity unless all of the assets of the taxpayer are conveyed,
463 assigned, or transferred in the same transaction. However, a tax
464 credit under s. 211.0252, s. 212.1833, s. 220.1876, s. 561.1212,
465 or s. 624.51056 may be conveyed, transferred, or assigned
466 between members of an affiliated group of corporations if the
467 type of tax credit under s. 211.0252, s. 212.1833, s. 220.1876,
468 s. 561.1212, or s. 624.51056 remains the same. A taxpayer shall
469 notify the Department of Revenue of its intent to convey,
470 transfer, or assign a tax credit to another member within an
471 affiliated group of corporations. The amount conveyed,
472 transferred, or assigned is available to another member of the
473 affiliated group of corporations upon approval by the Department
474 of Revenue. The Department of Revenue shall obtain the
475 division’s approval before approving a conveyance, transfer, or
476 assignment of a tax credit under s. 561.1212.
477 (e) Within any state fiscal year, a taxpayer may rescind
478 all or part of a tax credit approved under paragraph (b). The
479 amount rescinded shall become available for that state fiscal
480 year to another eligible taxpayer approved by the Department of
481 Revenue if the taxpayer receives notice from the Department of
482 Revenue that the rescindment has been accepted by the Department
483 of Revenue. The Department of Revenue must obtain the division’s
484 approval before accepting the rescindment of a tax credit under
485 s. 561.1212. Any amount rescinded under this paragraph must
486 become available to an eligible taxpayer on a first-come, first
487 served basis based on tax credit applications received after the
488 date the rescindment is accepted by the Department of Revenue.
489 (f) Within 10 days after approving or denying the
490 conveyance, transfer, or assignment of a tax credit under
491 paragraph (d), or the rescindment of a tax credit under
492 paragraph (e), the Department of Revenue shall provide a copy of
493 its approval or denial letter to the administrator. The
494 Department of Revenue shall also include the administrator on
495 all letters or correspondence of acknowledgment for tax credits
496 under s. 212.1833.
497 (g) For purposes of calculating the underpayment of
498 estimated corporate income taxes under s. 220.34 and tax
499 installment payments for taxes on insurance premiums or
500 assessments under s. 624.5092, the final amount due is the
501 amount after credits earned under s. 220.1876 or s. 624.51056
502 for contributions to the administrator are deducted.
503 1. For purposes of determining if a penalty or interest
504 under s. 220.34(2)(d)1. will be imposed for underpayment of
505 estimated corporate income tax, a taxpayer may, after earning a
506 credit under s. 220.1876, reduce any estimated payment in that
507 taxable year by the amount of the credit.
508 2. For purposes of determining if a penalty under s.
509 624.5092 will be imposed, an insurer, after earning a credit
510 under s. 624.51056 for a taxable year, may reduce any
511 installment payment for such taxable year of 27 percent of the
512 amount of the net tax due as reported on the return for the
513 preceding year under s. 624.5092(2)(b) by the amount of the
514 credit.
515 (4) ELIGIBILITY; NOTIFICATION; SCHOOL DISTRICT
516 OBLIGATIONS.—
517 (a) A student in kindergarten through grade 5 must be
518 provided books through the initiative if the student has a
519 substantial reading deficiency identified under s. 1008.25(5)(a)
520 or scored below a Level 3 on the preceding year’s statewide,
521 standardized English Language Arts assessment under s. 1008.22.
522 (b) Each school district shall notify the parent of a
523 student who meets the criteria under paragraph (a) that the
524 student is eligible to receive books at no cost through the New
525 Worlds Reading Initiative and provide the parent with the
526 application form developed by the administrator, which must
527 allow for the selection of specific book topics or genres for
528 the student.
529 (c) Once an eligible student is identified, the school
530 district shall coordinate with the administrator to initiate
531 book delivery on a monthly basis during the school year, which
532 must begin no later than October and continue through at least
533 June. However, for the 2021-2022 school year only, delivery may
534 begin no later than December 31, 2021, provided that no fewer
535 than 9 books are delivered to each student before book
536 deliveries begin for the 2022-2023 school year.
537 (d) At the beginning of each school year, students must be
538 provided options for specific book topics or genres in order to
539 maximize student interest in reading.
540 (e) A student’s eligibility for the initiative continues
541 until promotion to grade 6 or until the student’s parent opts
542 out of the initiative.
543 (f) Each school district shall participate in the
544 initiative by partnering with local nonprofit organizations,
545 raising awareness of the initiative using marketing materials
546 developed by the administrator, coordinating book delivery, and
547 identifying students and notifying parents pursuant to this
548 subsection.
549 (g) Each school district shall coordinate with each charter
550 school it sponsors for purposes of identifying eligible
551 students, notifying parents, coordinating book delivery,
552 providing the opportunity to annually select book topics and
553 genres, and raising awareness of the initiative as provided by
554 this section.
555 (h) School districts and partnering nonprofit organizations
556 shall raise awareness of the initiative, including information
557 on eligibility and video training modules under subparagraph
558 (2)(b)5., through, at least, the following:
559 1. The student handbook and the read-at-home plan under s.
560 1008.25(5)(c).
561 2. A parent or curriculum night or separate initiative
562 awareness event at each elementary school.
563 3. Partnering with the county library to host awareness
564 events, which should coincide with other initiatives such as
565 library card drives, family library nights, summer access
566 events, and other family engagement programming.
567 (5) ADMINISTRATION; RULES.—
568 (a) The Department of Revenue, the division, and the
569 Department of Education may develop a cooperative agreement to
570 assist in the administration of this section, as needed.
571 (b) The Department of Revenue may adopt rules necessary to
572 administer this section and ss. 211.0252, 212.1833, 220.1876,
573 561.1212, and 624.51056, including rules establishing
574 application forms, procedures governing the approval of tax
575 credits and carryforward tax credits under subsection (3), and
576 procedures to be followed by taxpayers when claiming approved
577 tax credits on their returns.
578 (c) The division may adopt rules necessary to administer
579 its responsibilities under this section and s. 561.1212.
580 (d) The Department of Education may adopt rules necessary
581 to administer this section.
582 (e) Notwithstanding any provision of s. 213.053 to the
583 contrary, sharing information with the division related to this
584 tax credit is considered the conduct of the Department of
585 Revenue’s official duties as contemplated in s. 213.053(8)(c),
586 and the Department of Revenue and the division are specifically
587 authorized to share information as needed to administer this
588 section.
589 Section 11. Paragraph (c) of subsection (5) of section
590 1008.25, Florida Statutes, is amended to read:
591 1008.25 Public school student progression; student support;
592 reporting requirements.—
593 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
594 (c) The parent of any student who exhibits a substantial
595 deficiency in reading, as described in paragraph (a), must be
596 notified in writing of the following:
597 1. That his or her child has been identified as having a
598 substantial deficiency in reading, including a description and
599 explanation, in terms understandable to the parent, of the exact
600 nature of the student’s difficulty in learning and lack of
601 achievement in reading.
602 2. A description of the current services that are provided
603 to the child.
604 3. A description of the proposed intensive interventions
605 and supports that will be provided to the child that are
606 designed to remediate the identified area of reading deficiency.
607 4. That if the child’s reading deficiency is not remediated
608 by the end of grade 3, the child must be retained unless he or
609 she is exempt from mandatory retention for good cause.
610 5. Strategies, including multisensory strategies, through a
611 read-at-home plan the parent can use in helping his or her child
612 succeed in reading.
613 6. That the statewide, standardized English Language Arts
614 assessment is not the sole determiner of promotion and that
615 additional evaluations, portfolio reviews, and assessments are
616 available to the child to assist parents and the school district
617 in knowing when a child is reading at or above grade level and
618 ready for grade promotion.
619 7. The district’s specific criteria and policies for a
620 portfolio as provided in subparagraph (6)(b)4. and the evidence
621 required for a student to demonstrate mastery of Florida’s
622 academic standards for English Language Arts. A parent of a
623 student in grade 3 who is identified anytime during the year as
624 being at risk of retention may request that the school
625 immediately begin collecting evidence for a portfolio.
626 8. The district’s specific criteria and policies for
627 midyear promotion. Midyear promotion means promotion of a
628 retained student at any time during the year of retention once
629 the student has demonstrated ability to read at grade level.
630 9. Information about the student’s eligibility for the New
631 Worlds Reading Initiative under s. 1003.485 and information on
632 parent training modules and other reading engagement resources
633 available through the initiative.
634 Section 12. The Department of Revenue is authorized, and
635 all conditions are deemed met, to adopt emergency rules under s.
636 120.54(4), Florida Statutes, for the purpose of implementing
637 provisions related to the New Worlds Reading Initiative Tax
638 Credit created by this act. Notwithstanding any other law,
639 emergency rules adopted under this section are effective for 6
640 months after adoption and may be renewed during the pendency of
641 procedures to adopt permanent rules addressing the subject of
642 the emergency rules.
643 Section 13. This act shall take effect upon becoming a law.