Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. CS for SB 908 Ì482760)Î482760 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/01/2021 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Finance and Tax (Rodrigues) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 219 - 398 4 and insert: 5 (2) A taxpayer who files a Florida consolidated return as a 6 member of an affiliated group pursuant to s. 220.131(1) may be 7 allowed the credit on a consolidated return basis. 8 (3) Section 402.62 applies to the credit authorized by this 9 section. 10 (4) If a taxpayer applies and is approved for a credit 11 under s. 402.62 after timely requesting an extension to file 12 under s. 220.222(2): 13 (a) The credit does not reduce the amount of tax due for 14 purposes of the department’s determination as to whether the 15 taxpayer was in compliance with the requirement to pay tentative 16 taxes under ss. 220.222 and 220.32. 17 (b) The taxpayer’s noncompliance with the requirement to 18 pay tentative taxes shall result in the revocation and 19 rescindment of any such credit. 20 (c) The taxpayer shall be assessed for any taxes, 21 penalties, or interest due from the taxpayer’s noncompliance 22 with the requirement to pay tentative taxes. 23 Section 7. Section 402.62, Florida Statutes, is created to 24 read: 25 402.62 Strong Families Tax Credit.— 26 (1) DEFINITIONS.—As used in this section, the term: 27 (a) “Annual tax credit amount” means, for any state fiscal 28 year, the sum of the amount of tax credits approved under 29 paragraph (5)(b), including tax credits to be taken under s. 30 211.0252, s. 212.1833, s. 220.1876, s. 561.1212, or s. 31 624.51056, which are approved for taxpayers whose taxable years 32 begin on or after January 1 of the calendar year preceding the 33 start of the applicable state fiscal year. 34 (b) “Division” means the Division of Alcoholic Beverages 35 and Tobacco of the Department of Business and Professional 36 Regulation. 37 (c) “Eligible charitable organization” means an 38 organization designated by the Department of Children and 39 Families to be eligible to receive funding under this section. 40 (d) “Eligible contribution” means a monetary contribution 41 from a taxpayer, subject to the restrictions provided in this 42 section, to an eligible charitable organization. The taxpayer 43 making the contribution may not designate a specific child 44 assisted by the eligible charitable organization as the 45 beneficiary of the contribution. 46 (e) “Tax credit cap amount” means the maximum annual tax 47 credit amount that the Department of Revenue may approve for a 48 state fiscal year. 49 (2) STRONG FAMILIES TAX CREDITS; ELIGIBILITY.— 50 (a) The Department of Children and Families shall designate 51 as an eligible charitable organization an organization that 52 meets all of the following requirements: 53 1. Is exempt from federal income taxation under s. 54 501(c)(3) of the Internal Revenue Code. 55 2. Is a Florida entity formed under chapter 605, chapter 56 607, or chapter 617 and whose principal office is located in 57 this state. 58 3. Provides services to: 59 a. Prevent child abuse, neglect, abandonment, or 60 exploitation; 61 b. Assist fathers in learning and improving parenting 62 skills or to engage absent fathers in being more engaged in 63 their children’s lives; 64 c. Provide books to the homes of children eligible for a 65 federal free or reduced-price meals program or those testing 66 below grade level in kindergarten through grade 5; 67 d. Assist families with children who have a chronic illness 68 or a physical, intellectual, developmental, or emotional 69 disability; or 70 e. Provide workforce development services to families of 71 children eligible for a federal free or reduced-price meals 72 program. 73 4. Provides to the Department of Children and Families 74 accurate information, including, at a minimum, a description of 75 the services provided by the organization which are eligible for 76 funding under this section; the total number of individuals 77 served through those services during the last calendar year and 78 the number served during the last calendar year using funding 79 under this section; basic financial information regarding the 80 organization and services eligible for funding under this 81 section; outcomes for such services; and contact information for 82 the organization. 83 5. Annually submits a statement, signed under penalty of 84 perjury by a current officer of the organization, that the 85 organization meets all criteria to qualify as an eligible 86 charitable organization, has fulfilled responsibilities under 87 this section for the previous fiscal year if the organization 88 received any funding through this credit during the previous 89 year, and intends to fulfill its responsibilities during the 90 upcoming year. 91 6. Provides any documentation requested by the Department 92 of Children and Families to verify eligibility as an eligible 93 charitable organization or compliance with this section. 94 (b) The Department of Children and Families may not 95 designate as an eligible charitable organization an organization 96 that: 97 1. Provides abortions, pays for or provides coverage for 98 abortions, or financially supports any other entity that 99 provides, pays for, or provides coverage for abortions; or 100 2. Has received more than 50 percent of its total annual 101 revenue from the Department of Children and Families, either 102 directly or via a contractor of the department, in the prior 103 fiscal year. 104 (3) RESPONSIBILITIES OF ELIGIBLE CHARITABLE ORGANIZATIONS. 105 An eligible charitable organization that receives a contribution 106 under this section must do all of the following: 107 (a) Apply for admittance into the Department of Law 108 Enforcement’s Volunteer and Employee Criminal History System 109 and, if accepted, conduct background screening on all volunteers 110 and staff working directly with children in any program funded 111 under this section pursuant to s. 943.0542. Background screening 112 shall use level 2 screening standards pursuant to s. 435.04 and 113 additionally include, but need not be limited to, a check of the 114 Dru Sjodin National Sex Offender Public Website. 115 (b) Expend 100 percent of any contributions received under 116 this section for direct services to state residents for the 117 purposes specified in subparagraph (2)(a)3. 118 (c) Annually submit to the Department of Children and 119 Families: 120 1. An audit of the eligible charitable organization 121 conducted by an independent certified public accountant in 122 accordance with auditing standards generally accepted in the 123 United States, government auditing standards, and rules adopted 124 by the Auditor General. The audit report must include a report 125 on financial statements presented in accordance with generally 126 accepted accounting principles. The audit report must be 127 provided to the Department of Children and Families within 180 128 days after completion of the eligible charitable organization’s 129 fiscal year; and 130 2. A copy of the eligible charitable organization’s most 131 recent federal Internal Revenue Service Return of Organization 132 Exempt from Income Tax form (Form 990). 133 (d) Notify the Department of Children and Families within 5 134 business days after the eligible charitable organization ceases 135 to meet eligibility requirements or fails to fulfill its 136 responsibilities under this section. 137 (e) Upon receipt of a contribution, provide the taxpayer 138 that made the contribution with a certificate of contribution. A 139 certificate of contribution must include the taxpayer’s name 140 and, if available, its federal employer identification number, 141 the amount contributed, the date of contribution, and the name 142 of the eligible charitable organization. 143 (4) RESPONSIBILITIES OF THE DEPARTMENT.—The Department of 144 Children and Families shall do all of the following: 145 (a) Annually redesignate eligible charitable organizations 146 that have complied with all requirements of this section. 147 (b) Remove the designation of organizations that fail to 148 meet all requirements of this section. An organization that has 149 had its designation removed by the department may reapply for 150 designation as an eligible charitable organization, and the 151 department shall redesignate such organization, if it meets the 152 requirements of this section and demonstrates through its 153 application that all factors leading to its removal as an 154 eligible charitable organization have been sufficiently 155 addressed. 156 (c) Publish information about the tax credit program and 157 eligible charitable organizations on a Department of Children 158 and Families website. The website must, at a minimum, provide 159 all of the following: 160 1. The requirements and process for becoming designated or 161 redesignated as an eligible charitable organization. 162 2. A list of the eligible charitable organizations that are 163 currently designated by the department and the information 164 provided under subparagraph (2)(a)4. regarding each eligible 165 charitable organization. 166 3. The process for a taxpayer to select an eligible 167 charitable organization as the recipient of funding through a 168 tax credit. 169 (d) Compel the return of funds that are provided to an 170 eligible charitable organization that fails to comply with the 171 requirements of this section. Eligible charitable organizations 172 that are subject to return of funds are ineligible to receive 173 funding under this section for a period 10 years after final 174 agency action to compel the return of funding. 175 (5) STRONG FAMILIES TAX CREDITS; APPLICATIONS, TRANSFERS, 176 AND LIMITATIONS.— 177 (a) Beginning in fiscal year 2021-2022, the tax credit cap 178 amount is $5 million in each state 179 180 ================= T I T L E A M E N D M E N T ================ 181 And the title is amended as follows: 182 Delete line 18 183 and insert: 184 requirements and procedures for