Florida Senate - 2011                       CS for CS for SB 248
       
       
       
       By the Committees on Budget Subcommittee on Transportation,
       Tourism, and Economic Development Appropriations; and Community
       Affairs; and Senators Gaetz and Montford
       
       
       606-01218A-11                                          2011248c2
    1                        A bill to be entitled                      
    2         An act relating to economic recovery from the
    3         Deepwater Horizon disaster; amending s. 14.2015, F.S.;
    4         defining the term “Disproportionally Affected County”;
    5         creating a process for the Office of Tourism, Trade,
    6         and Economic Development to waive any or all job or
    7         wage eligibility requirements under certain
    8         circumstances when in the best interest of the public;
    9         amending s. 220.191, F.S.; waiving the requirement
   10         that a facility located in a Disproportionally
   11         Affected County be in a high-impact sector in order to
   12         qualify for the capital investment tax credit;
   13         amending s. 288.106, F.S.; creating a process for the
   14         Office of Tourism, Trade, and Economic Development to
   15         waive wage or local financial support eligibility
   16         requirements; providing a special incentive under the
   17         tax refund program for a limited time for a qualified
   18         target industry business that relocates from another
   19         state to a Disproportionally Affected County; creating
   20         s. 252.363, F.S.; tolling and extending the expiration
   21         dates of certain building permits or other
   22         authorizations following the declaration of a state of
   23         emergency by the Governor; providing exceptions;
   24         providing for the laws, administrative rules, and
   25         ordinances in effect when the permit was issued to
   26         apply to activities described in a permit or other
   27         authorization; providing an exception; amending s.
   28         253.02, F.S.; requiring the Board of Trustees of the
   29         Internal Improvement Trust Fund to recommend to the
   30         Legislature whether existing multistate compacts for
   31         mutual aid should be modified or if a new multistate
   32         compact is necessary to address the Deepwater Horizon
   33         event or similar future incidents; requiring that the
   34         Board of Trustees of the Internal Improvement Trust
   35         Fund appoint members to the Commission on Oil Spill
   36         Response Coordination; providing for the designation
   37         of the chair of the commission by the Governor;
   38         requiring the commission to prepare a report for
   39         review and approval by the board of trustees;
   40         specifying the subject matter of the report; providing
   41         for future expiration; temporarily exempting the sale
   42         of commercial vessels, recreational vessels, and
   43         marine equipment sold by registered dealers in certain
   44         counties from the sales tax; authorizing the
   45         Department of Revenue to adopt emergency rules;
   46         providing an appropriation to the Department of
   47         Revenue to administer the sales tax exemptions;
   48         defining the term “Disproportionally Affected County”;
   49         providing an appropriation to the Office of Tourism,
   50         Trade, and Economic Development to contract with
   51         Florida’s Great Northwest, Inc., in order to develop
   52         and implement an economic development program for a
   53         Disproportionally Affected County; specifying a
   54         preference for a Disproportionally Affected County or
   55         municipalities within a Disproportionally Affected
   56         County which provide for expedited or combined
   57         permitting for certain purposes; providing for the
   58         appropriation to be placed in reserve by the Executive
   59         Office of the Governor for release as authorized by
   60         law or the Legislative Budget Commission; defining the
   61         term “Disproportionally Affected County”; providing
   62         for the deposit of funds received by entities involved
   63         in the Deepwater Horizon oil spill into applicable
   64         state trust funds; specifying permissible uses of such
   65         funds; designating the Department of Environmental
   66         Protection as the lead agency for expending funds for
   67         environmental restoration; designating the Office of
   68         Tourism, Trade, and Economic Development as the lead
   69         agency for funds designated for economic incentives
   70         and diversification efforts; authorizing the holder of
   71         a lease of sovereignty submerged lands to apply to the
   72         Department of Environmental Protection for the payment
   73         or the reimbursement of lease fees for the period of
   74         the state of emergency for the Deepwater Horizon oil
   75         spill; specifying conditions for eligibility;
   76         requiring an application to the Department of
   77         Environmental Protection; requiring the Chief
   78         Financial Officer to use the full extent of the law to
   79         recover payments from the responsible party or other
   80         independently administered claims process; providing a
   81         short title for certain sections of the act; providing
   82         an effective date.
   83  
   84  Be It Enacted by the Legislature of the State of Florida:
   85  
   86         Section 1. Subsection (11) is added to section 14.2015,
   87  Florida Statutes, to read:
   88         14.2015 Office of Tourism, Trade, and Economic Development;
   89  creation; powers and duties.—
   90         (11)(a) For purposes of this section, the term
   91  “Disproportionally Affected County” means Bay County, Escambia
   92  County, Franklin County, Gulf County, Okaloosa County, Santa
   93  Rosa County, or Walton County.
   94         (b) When the Office of Tourism, Trade, and Economic
   95  Development determines it is in the best interest of the public
   96  for reasons of facilitating economic development, growth, or new
   97  employment opportunities within a Disproportionally Affected
   98  County, the Office of Tourism, Trade, and Economic Development
   99  may between July 1, 2011, and June 30, 2014, waive any or all
  100  job or wage eligibility requirements under s. 288.063, s.
  101  288.065, s. 288.0655, s. 288.0657, s. 288.0659, s. 288.107, s.
  102  288.108, s. 288.1081, s. 288.1088, or s. 288.1089 up to the
  103  cumulative amount of $5 million of all state incentives received
  104  per project. Prior to granting such waiver, the director of the
  105  Office of Tourism, Trade, and Economic Development shall file
  106  with the Governor a written statement of the conditions and
  107  circumstances constituting the reason for the waiver.
  108         (c) When the Office of Tourism, Trade, and Economic
  109  Development determines it is in the best interest of the public
  110  for reasons of facilitating economic development, growth, or new
  111  employment opportunities within a Disproportionally Affected
  112  County, the Office of Tourism, Trade, and Economic Development
  113  may between July 1, 2011, and June 30, 2014, waive any or all
  114  job or wage eligibility requirements under s. 288.063, s.
  115  288.065, s. 288.0655, s. 288.0657, s. 288.0659, s. 288.107, s.
  116  288.108, s. 288.1081, s. 288.1088, or s. 288.1089 for cumulative
  117  amounts in excess of $5 million but less than $10 million of all
  118  state incentives received per project. Prior to granting such
  119  waiver, the Office of Tourism, Trade, and Economic Development
  120  shall file with the Governor, the President of the Senate, and
  121  the Speaker of the House of Representatives a written statement
  122  of the conditions and circumstances constituting the reason for
  123  the waiver, and requesting written concurrence within 5 business
  124  days to the Governor from the President of the Senate and the
  125  Speaker of the House of Representatives. Without such
  126  concurrence, the waiver shall not occur.
  127         (d) The Office of Tourism, Trade, and Economic Development
  128  is not authorized under this paragraph to waive job and wage
  129  eligibility requirements under s. 288.063, s. 288.065, s.
  130  288.0655, s. 288.0657, s. 288.0659, s. 288.107, s. 288.108, s.
  131  288.1081, s. 288.1088, or s. 288.1089 for cumulative amounts $10
  132  million or more in state incentives received per project.
  133         Section 2. Paragraph (h) of subsection (1) of section
  134  220.191, Florida Statutes, is amended to read:
  135         220.191 Capital investment tax credit.—
  136         (1) DEFINITIONS.—For purposes of this section:
  137         (h) “Qualifying project” means a facility in this state
  138  meeting one or more of the following criteria:
  139         1. A new or expanding facility in this state which creates
  140  at least 100 new jobs in this state and is in one of the high
  141  impact sectors identified by Enterprise Florida, Inc., and
  142  certified by the office pursuant to s. 288.108(6), including,
  143  but not limited to, aviation, aerospace, automotive, and silicon
  144  technology industries. However, between July 1, 2011, and June
  145  30, 2014, the requirement that a facility be in a high-impact
  146  sector is waived for any otherwise eligible business from
  147  another state which locates all or a portion of its business to
  148  a Disproportionally Affected County as defined in s. 14.2015.;
  149         2. A new or expanded facility in this state which is
  150  engaged in a target industry designated pursuant to the
  151  procedure specified in s. 288.106(2)(t) and which is induced by
  152  this credit to create or retain at least 1,000 jobs in this
  153  state, provided that at least 100 of those jobs are new, pay an
  154  annual average wage of at least 130 percent of the average
  155  private sector wage in the area as defined in s. 288.106(2), and
  156  make a cumulative capital investment of at least $100 million
  157  after July 1, 2005. Jobs may be considered retained only if
  158  there is significant evidence that the loss of jobs is imminent.
  159  Notwithstanding subsection (2), annual credits against the tax
  160  imposed by this chapter may shall not exceed 50 percent of the
  161  increased annual corporate income tax liability or the premium
  162  tax liability generated by or arising out of a project
  163  qualifying under this subparagraph. A facility that qualifies
  164  under this subparagraph for an annual credit against the tax
  165  imposed by this chapter may take the tax credit for a period not
  166  to exceed 5 years.; or
  167         3. A new or expanded headquarters facility in this state
  168  which locates in an enterprise zone and brownfield area and is
  169  induced by this credit to create at least 1,500 jobs that which
  170  on average pay at least 200 percent of the statewide average
  171  annual private sector wage, as published by the Agency for
  172  Workforce Innovation or its successor, and which new or expanded
  173  headquarters facility makes a cumulative capital investment in
  174  this state of at least $250 million.
  175         Section 3. Present subsection (8) of section 288.106,
  176  Florida Statutes, is renumbered as subsection (9), and a new
  177  subsection (8) is added to that section, to read:
  178         288.106 Tax refund program for qualified target industry
  179  businesses.—
  180         (8) SPECIAL INCENTIVES.—When the Office of Tourism, Trade,
  181  and Economic Development determines it is in the best interest
  182  of the public for reasons of facilitating economic development,
  183  growth, or new employment opportunities within a
  184  Disproportionally Affected County, the Office of Tourism, Trade,
  185  and Economic Development may between July 1, 2011, and June 30,
  186  2014, waive any or all wage or local financial support
  187  eligibility requirements and allow a qualified target industry
  188  business from another state which locates all or a portion of
  189  its business to a Disproportionally Affected County as defined
  190  in s. 14.2015 to receive a tax refund payment of up to $6,000
  191  multiplied by the number of jobs specified in the tax refund
  192  agreement under subparagraph (5)(a)1. over the term of the
  193  agreement. Prior to granting such waiver, the director of the
  194  Office of Tourism, Trade, and Economic Development shall file
  195  with the Governor a written statement of the conditions and
  196  circumstances constituting the reason for the waiver. Such
  197  business shall be eligible for the additional tax refund
  198  payments specified in subparagraph (3)(b)4. if it meets the
  199  criteria.
  200         Section 4. Section 252.363, Florida Statutes, is created to
  201  read:
  202         252.363Tolling and extension of permits and other
  203  authorizations.—
  204         (1)(a) The declaration of a state of emergency by the
  205  Governor tolls the period remaining to exercise the rights under
  206  a permit or other authorization for the duration of the
  207  emergency declaration. Further, the emergency declaration
  208  extends the period remaining to exercise the rights under a
  209  permit or other authorization for 6 months in addition to the
  210  tolled period. This paragraph applies to the following:
  211         1. The expiration of a development order issued by a local
  212  government.
  213         2. The expiration of a building permit.
  214         3. The expiration of a permit issued by the Department of
  215  Environmental Protection or a water management district pursuant
  216  to part IV of chapter 373.
  217         4. The buildout date of a development of regional impact,
  218  including any extension of a buildout date that was previously
  219  granted pursuant to s. 380.06(19)(c).
  220         (b) Within 90 days after the termination of the emergency
  221  declaration, the holder of the permit or other authorization
  222  shall notify the issuing authority of the intent to exercise the
  223  tolling and extension granted under paragraph (a). The notice
  224  must be in writing and identify the specific permit or other
  225  authorization qualifying for extension.
  226         (c) If the permit or other authorization for a phased
  227  construction project is extended, the commencement and
  228  completion dates for any required mitigation are extended such
  229  that the mitigation activities occur in the same timeframe
  230  relative to the phase as originally permitted.
  231         (d) This subsection does not apply to:
  232         1. A permit or other authorization for a building,
  233  improvement, or development located outside the geographic area
  234  for which the declaration of a state of emergency applies.
  235         2. A permit or other authorization under any programmatic
  236  or regional general permit issued by the Army Corps of
  237  Engineers.
  238         3. The holder of a permit or other authorization who is
  239  determined by the authorizing agency to be in significant
  240  noncompliance with the conditions of the permit or other
  241  authorization through the issuance of a warning letter or notice
  242  of violation, the initiation of formal enforcement, or an
  243  equivalent action.
  244         4. A permit or other authorization that is subject to a
  245  court order specifying an expiration date or buildout date that
  246  would be in conflict with the extensions granted in this
  247  section.
  248         (2) A permit or other authorization that is extended shall
  249  be governed by the laws, administrative rules, and ordinances in
  250  effect when the permit was issued, unless any party or the
  251  issuing authority demonstrates that operating under those laws,
  252  administrative rules, or ordinances will create an immediate
  253  threat to the public health or safety.
  254         (3) This section does not restrict a county or municipality
  255  from requiring property to be maintained and secured in a safe
  256  and sanitary condition in compliance with applicable laws,
  257  administrative rules, or ordinances.
  258         Section 5. Subsection (6) is added to section 253.02,
  259  Florida Statutes, to read:
  260         253.02 Board of trustees; powers and duties.—
  261         (6) The board of trustees shall report to the Legislature
  262  its recommendations as to whether any existing multistate
  263  compact for mutual aid should be modified or whether the state
  264  should enter into a new multistate compact to address the
  265  impacts of the Deepwater Horizon event or potentially similar
  266  future incidents. The report shall be submitted to the
  267  Legislature by February 1, 2012, and updated annually thereafter
  268  for 5 years.
  269         Section 6. Commission on Oil Spill Response Coordination.—
  270         (1) The Board of Trustees of the Internal Improvement Trust
  271  Fund shall appoint a commission consisting of a representative
  272  of the office of each board member, a representative of each
  273  state agency that directly and materially responded to the
  274  Deepwater Horizon disaster, and the chair of the board of county
  275  commissioners of each of the following counties: Bay County,
  276  Escambia County, Franklin County, Gulf County, Okaloosa County,
  277  Santa Rosa County, and Walton County. The Governor shall select
  278  the chair of the commission from among the appointees.
  279         (2) The commission shall prepare a report for review and
  280  approval by the board of trustees which:
  281         (a) Identifies potential changes to state and federal law
  282  and regulations which will improve the oversight and monitoring
  283  of offshore drilling activities and increase response
  284  capabilities to offshore oil spills.
  285         (b) Identifies potential changes to state and federal law
  286  and regulations which will improve protections for public health
  287  and safety, occupational health and safety, and the environment
  288  and natural resources.
  289         (c) Evaluates the merits of the establishment of a federal
  290  Gulf-wide disaster relief fund.
  291         (d) Evaluates the need for a unified and uniform advocacy
  292  process for damage claims.
  293         (e) Evaluates the need for changes to interstate
  294  coordination agreements in order to reduce the potential for
  295  damage claims and lawsuits.
  296         (f) Addresses any other related issues as determined by the
  297  commission.
  298         (3) The board of trustees shall deliver the report to the
  299  Governor, the President of the Senate, the Speaker of the House
  300  of Representatives, the Secretary of Environmental Protection,
  301  and the director of the Office of Tourism, Trade, and Economic
  302  Development by September 1, 2012.
  303         (4) This section expires September 30, 2012.
  304         Section 7. (1) The tax levied under chapter 212, Florida
  305  Statutes, may not be collected on the sale of a recreational
  306  vessel, commercial vessel, or marine equipment from a registered
  307  dealer in Bay County, Escambia County, Franklin County, Gulf
  308  County, Okaloosa County, Santa Rosa County, or Walton County
  309  from 12:01 a.m., July 1, 2011, through midnight, September 30,
  310  2011.
  311         (2) As used in this section, the term:
  312         (a) “Commercial vessel” has the same meaning as defined in
  313  s. 327.02, Florida Statutes.
  314         (b) “Recreational vessel” has the same meaning as defined
  315  in s. 327.02, Florida Statutes.
  316         (c) “Marine equipment” means the following items designed
  317  to be used on boats: radios, global positioning systems, radar
  318  and sonar devices, antennae, personal flotation devices, bilge
  319  pumps, marine safety equipment, and anchors and anchoring
  320  accessories. The term “marine equipment” also includes boat
  321  engines and machine parts designed for boat engines and
  322  commercial fishing nets.
  323         (3) The Department of Revenue may adopt emergency rules
  324  pursuant to ss. 120.536(1) and 120.54, Florida Statutes, to
  325  administer this section.
  326         Section 8. (1) For purposes of this section, the term
  327  “Disproportionally Affected County” means Bay County, Escambia
  328  County, Franklin County, Gulf County, Okaloosa County, Santa
  329  Rosa County, or Walton County.
  330         (2) There is appropriated for the 2011-2012 fiscal year the
  331  sum of $10 million in recurring funds from the General Revenue
  332  Fund to the Office of Tourism, Trade, and Economic Development.
  333  The Office of Tourism, Trade, and Economic Development shall use
  334  these funds to execute a $10 million contract with Florida’s
  335  Great Northwest, Inc., for the purpose of developing and
  336  implementing an innovative economic development program for
  337  promoting research and development, commercialization of
  338  research, economic diversification, and job creation in a
  339  Disproportionally Affected County.
  340         (3) The contract between the Office of Tourism, Trade, and
  341  Economic Development and Florida’s Great Northwest, Inc., shall,
  342  at a minimum, require Florida’s Great Northwest Inc., to report
  343  quarterly to the Office of Tourism, Trade, and Economic
  344  Development and to collaborate with educational entities,
  345  economic development organizations, local governments, and
  346  relevant state agencies to create a program framework and
  347  strategy, including specific criteria governing the expenditure
  348  of funds. The criteria for the expenditure of funds shall, at a
  349  minimum, require a funding preference for any Disproportionally
  350  Affected County and any municipality within a Disproportionally
  351  Affected County which provides for expedited permitting in order
  352  to promote research and development, commercialization of
  353  research, economic diversification, and job creation within
  354  their respective jurisdictions. The criteria for the expenditure
  355  of funds shall, at a minimum, also require a funding preference
  356  for any Disproportionally Affected County and any municipality
  357  within a Disproportionally Affected County which combines its
  358  permitting processes and expedites permitting in order to
  359  promote research and development, commercialization of research,
  360  economic diversification, and job creation within their
  361  respective jurisdictions.
  362         (4) None of the funds appropriated in this section may be
  363  used for administrative costs of Florida’s Great Northwest, Inc.
  364         (5) The funds appropriated in this section shall be placed
  365  in reserve by the Executive Office of the Governor, and may be
  366  released as authorized by law or the Legislative Budget
  367  Commission.
  368         Section 9. (1) For purposes of this section, the term
  369  “Disproportionally Affected County” means Bay County, Escambia
  370  County, Franklin County, Gulf County, Okaloosa County, Santa
  371  Rosa County, or Walton County.
  372         (2) Any funds received by the state from any governmental
  373  or private entity for damages caused by the Deepwater Horizon
  374  oil spill shall be deposited into the applicable state trust
  375  funds and expended pursuant to state law or as approved by the
  376  Legislative Budget Commission.
  377         (3) Seventy-five percent of such moneys may be used for:
  378         (a) Scientific research into the impact of the oil spill on
  379  fisheries and coastal wildlife and vegetation along any
  380  Disproportionally Affected County’s shoreline and the
  381  development of strategies to implement restoration measures
  382  suggested by such research;
  383         (b) Environmental restoration of coastal areas damaged by
  384  the oil spill in any Disproportionally Affected County;
  385         (c) Economic incentives directed to any Disproportionally
  386  Affected County; and
  387         (d) Initiatives to expand and diversify the economies of
  388  any Disproportionally Affected County.
  389         (4) The remaining 25 percent of such moneys may be used
  390  for:
  391         (a) Scientific research into the impact of the oil spill on
  392  fisheries and coastal wildlife and vegetation along any of the
  393  state’s shoreline that is not a Disproportionally Affected
  394  County’s shoreline, and the development of strategies to
  395  implement restoration measures suggested by such research;
  396         (b) Environmental restoration of coastal areas damaged by
  397  the oil spill in any county other than a Disproportionally
  398  Affected County;
  399         (c) Economic incentives directed to any county other than a
  400  Disproportionally Affected County; and
  401         (d) Initiatives to expand and diversify the economies of
  402  any county other than a Disproportionally Affected County.
  403         (5)(a) The Department of Environmental Protection is the
  404  lead agency for expending the funds designated for environmental
  405  restoration efforts.
  406         (b) The Office of Tourism, Trade, and Economic Development
  407  is the lead agency for expending the funds designated for
  408  economic incentives and diversification efforts.
  409         Section 10. (1)The holder of a lease of sovereignty
  410  submerged lands may apply to the Department of Environmental
  411  Protection for reimbursement of lease fees paid for the lease of
  412  sovereignty submerged lands or for the payment of those lease
  413  fees by the responsible party or any other independently
  414  administered claims process if the leaseholder:
  415         (a) Is in substantial compliance with the lease conditions,
  416  excluding lease payments due during a state of emergency
  417  declared by the Governor related to the Deepwater Horizon oil
  418  spill; and
  419         (b) Has received payment for an economic loss due to the
  420  Deepwater Horizon oil spill from the responsible party or other
  421  independently administered claims process which did not include
  422  reimbursement for lease fees paid or funds to pay the lease
  423  fees.
  424         (2) An application for reimbursement to the Department of
  425  Environmental Protection must include documentation of:
  426         (a)An economic loss due to the Deepwater Horizon oil spill
  427  which has impaired the leaseholder’s ability to pay lease fees.
  428  Such documentation may include a copy of a claim filed with the
  429  responsible party or any other independently administered claims
  430  process;
  431         (b)The filing of a claim for loss or injury with the
  432  responsible party, as defined in s. 376.031, Florida Statutes,
  433  or any other independently administered claims process;
  434         (c)The receipt of compensation, if any, from the
  435  responsible party or any other independently administered claims
  436  process which did not reimburse the leaseholder for lease fees
  437  paid to the credit of the Internal Improvement Trust Fund or did
  438  not include funds to pay the lease fees; and
  439         (d) The amount of the claim. The amount of the claim is
  440  limited to the pro rata amount of lease fees for the period of a
  441  state of emergency declared by the Governor related to the
  442  Deepwater Horizon oil spill for the county in which the lease
  443  was located.
  444         (3)Applications shall be submitted to the Department of
  445  Environmental Protection on forms provided by the department.
  446  Payments received from the responsible party or any other
  447  independently administered claims process shall be applied to
  448  the approved applications received by the Department of
  449  Environmental Protection during the corresponding fiscal year.
  450  Applications shall be processed by the Department of
  451  Environmental Protection until such time as all claims have been
  452  processed by the responsible party or any other independently
  453  administered claims process.
  454         (4)The Department of Environmental Protection shall post
  455  on its website a copy of the application and instructions for
  456  completing the application.
  457         (5)The Department of Environmental Protection shall submit
  458  the approved amount of claims for each fiscal year to the Chief
  459  Financial Officer in order to request payment of the approved
  460  amount from the responsible party or any other independently
  461  administered claims process. The Chief Financial Officer shall
  462  use the full extent of the law to recover payments sufficient to
  463  cover the amount needed to credit or reimburse lease fees for
  464  applications approved each fiscal year.
  465         (6)Upon receipt of payment from the responsible party or
  466  any other independently administered claims process, the Chief
  467  Financial Officer shall deposit the payment into the Internal
  468  Improvement Trust Fund. Upon the deposit of the funds, the
  469  Department of Environmental Protection shall:
  470         (a)Reimburse the applicant for any lease fees paid for the
  471  applicable time period in an amount not to exceed the payment
  472  from the responsible party or any other independently
  473  administered claims process for that applicant; or
  474         (b)Credit to the applicant’s lease fees due for the
  475  applicable time period an amount not to exceed the payment from
  476  the responsible party or any other independently administered
  477  claims process for that applicant.
  478         (7)If the amount deposited into the Internal Improvement
  479  Trust Fund in any fiscal year is insufficient to fully reimburse
  480  or credit all approved applications, the department shall issue
  481  reimbursements or credits on a pro rata basis.
  482         (8) For purposes of this section, the term “lease fees”
  483  includes any associated sales or use tax under chapter 212,
  484  Florida Statutes.
  485         (9) The Department of Environmental Protection shall report
  486  to the Legislature on the implementation of this section by
  487  February 15 each year until 2014.
  488         Section 11. Sections 1, 2, 3, 7, 8 and 9 of this act may be
  489  cited as the “Oil Spill Recovery Act.”
  490         Section 12. This act shall take effect upon becoming a law.