The purpose of the proposed amendments to Rule 12-29.003, F.A.C., is to implement statutory changes made by Chapter 2017-166, L.O.F., which require the Department to provide copies of certain correspondence to the nonprofit scholarship-funding ...

 

DEPARTMENT OF REVENUE

RULE NO.:RULE TITLE:

12-29.003Florida Tax Credit Scholarship Program; Applications

PURPOSE AND EFFECT: The purpose of the proposed amendments to Rule 12-29.003, F.A.C., is to implement statutory changes made by Chapter 2017-166, L.O.F., which require the Department to provide copies of certain correspondence to the nonprofit scholarship-funding organization specified by a taxpayer applying for a credit through the Florida Tax Credit Scholarship Program.

SUMMARY: The proposed amendments incorporate revisions to the forms used to administer the Florida Tax Credit Scholarship Program.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: 1) no requirement for the Statement of Economic Regulatory Costs (SERC) was triggered under Section 120.541(1), F.S.; and 2) based on past experiences regarding rules of this nature, the adverse impact or regulatory cost, if any, do not exceed nor would exceed any one of the economic analysis criteria in a SERC, as set forth in Section 120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 213.06(1), 1002.395(13) FS.

LAW IMPLEMENTED: 92.525(1)(b), 211.0251, 212.1831, 213.37, 220.1875, 561.1211, 624.51055, 1002.395(1)-(3), (5), (13) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: November 8, 2017, 9:00 a.m.

PLACE: 2450 Shumard Oak Boulevard, Building One, Room 1220, Tallahassee, Florida

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Becky Avrett at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Brinton Hevey, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

12-29.003 Florida Tax Credit Scholarship Program; Applications.

(1)(a) No change.

(b) Copies of the application forms and instructions are available, without cost, by one or more of the following methods: 1) downloading the application from the Department’s website Internet site at www.floridarevenue.com/forms www.myflorida.com/dor/forms; or, 2) calling the Department at 850-488-6800 [phone], Monday through Friday (excluding holidays), 8 a.m. to 7 p.m. (Eastern Time); or, 3) visiting any local Department of Revenue Service Center or, 4) writing the Florida Department of Revenue, 5050 West Tennessee Street, Tallahassee, Florida 32399-0100. Persons with hearing or speech impairments may call the Florida Relay Service at [phone] (Voice) and [phone] (TTY).

 

Form NumberTitleEffective Date

(2)(a) DR-116000Application for Tax Credit Allocation for___07/15

                                      Contributions to Nonprofit Scholarship Funding

                                      Organizations (SFOs) (R. 01/18 07/15)

                                      (http://www.flrules.org/Gateway/reference.asp?No=Ref-__05600)

 

(b) DR-116100Application for Rescindment of Tax Credit ___01/12

                                     Allocation for Contributions to Nonprofit

                                     Scholarship Funding Organizations (SFOs)

                                     (R.01/18 07/11)             

(http://www.flrules.org/Gateway/reference.asp?No=Ref-__00818)

 

(c) DR-116200Florida Tax Credit Scholarship Program –___07/15   

Notice of Intent to Transfer a Tax

Credit (R. 01/18N. 07/15)

                                            (http://www.flrules.org/Gateway/reference.asp?No=Ref-__05601)

Rulemaking Authority 213.06(1), 1002.395(13) FS. Law Implemented 92.525(1)(b), 211.0251, 212.1831, 213.37, 220.1875, 561.1211, 624.51055, 1002.395(1)-(3), (5), (13) FS. History–New 6-6-11, Amended 1-25-12, 7-28-15,_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Brinton Hevey

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 17, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 5, 2017