Florida Senate - 2015                                    SB 1214
       
       
        
       By Senator Latvala
       
       
       
       
       
       20-00790B-15                                          20151214__
    1                        A bill to be entitled                      
    2         An act relating to economic development; amending s.
    3         220.191, F.S.; revising the term “cumulative capital
    4         investment”; amending s. 288.0001, F.S.; requiring the
    5         Office of Economic and Demographic Research and the
    6         Office of Program Policy Analysis and Government
    7         Accountability to provide a detailed analysis of the
    8         retention of Major League Baseball spring training
    9         baseball franchises; amending s. 288.005, F.S.;
   10         revising the term “economic benefits”; amending s.
   11         288.061, F.S.; requiring the Department of Economic
   12         Opportunity to prescribe a specified application form;
   13         requiring the incentive application to include
   14         specified information; requiring the Office of
   15         Economic and Demographic Research to include
   16         guidelines for the appropriate application of the
   17         department’s internal model in the establishment of
   18         the methodology and model it will use to calculate
   19         economic benefits; requiring that if the Office of
   20         Economic and Demographic Research develops an amended
   21         definition of the term “economic benefits,” it must
   22         reflect a specified requirement; prohibiting the
   23         department from attributing to the business any
   24         capital investment made by a business using state
   25         funds; requiring the department’s evaluation of the
   26         application to include specified information;
   27         requiring the department to recommend to the Governor
   28         approval or disapproval of a project that will receive
   29         funds from specified programs; requiring the
   30         department, in recommending a project, to include
   31         justification for the project and proposed performance
   32         conditions that the project must meet to obtain
   33         incentive funds; authorizing the Governor to approve a
   34         project without consulting the Legislature if the
   35         requested funding is less than a specified amount;
   36         requiring the Governor to provide a written
   37         description and evaluation of the project to specified
   38         persons during a specified timeframe; requiring the
   39         recommendation to include proposed payment and
   40         performance conditions that the project must meet in
   41         order to obtain incentive funds and to avoid
   42         sanctions; requiring the Governor to instruct the
   43         department to immediately suspend an action or
   44         proposed action until the Legislative Budget
   45         Commission or the Legislature makes a determination on
   46         the project in certain circumstances; requiring a
   47         project that requires funding that falls into a
   48         specified range to be approved by the Legislative
   49         Budget Commission before final approval by the
   50         Governor; requiring a project that requires at least a
   51         specified amount of funds and that provides a waiver
   52         of program requirements to be approved by the
   53         Legislative Budget Commission before final approval by
   54         the Governor; requiring the department to issue a
   55         letter certifying the applicant as qualified for an
   56         award upon approval; specifying the funding sources
   57         authorized within the definition of the term
   58         “project”; requiring the department and the applicant
   59         to enter into an agreement or contract upon
   60         certification; requiring any agreement or contract
   61         that requires capital investment to be made by the
   62         business to also require that such investment remain
   63         in the state for the duration of the agreement or
   64         contract; prohibiting an agreement or contract from
   65         having a term of longer than 10 years; authorizing the
   66         department to enter into a successive agreement or
   67         contract for a specified project under certain
   68         circumstances; providing that the restriction on
   69         duration of the agreement or contract does not apply
   70         in certain circumstances; requiring the agreement or
   71         contract to require that the applicant use the
   72         workforce information systems in certain
   73         circumstances; requiring the department to provide
   74         notice, with a written description and evaluation, to
   75         the Legislature of any proposed amendment to an
   76         agreement or contract; requiring the department to
   77         provide notice of the proposed change to specified
   78         persons in order to provide an opportunity for review;
   79         providing that a proposed amendment to an agreement or
   80         contract which reduces projected economic benefits
   81         calculated at the time the agreement or contract was
   82         executed by a specified amount or more or that results
   83         in an economic benefit ratio below a specified level
   84         is subject to specified notice and objection
   85         procedures; requiring the Governor to instruct the
   86         department to immediately suspend an action or
   87         proposed action until the Legislative Budget
   88         Commission or Legislature makes a determination on the
   89         project in certain circumstances; amending s.
   90         288.1045, F.S.; revising the term “average wage in the
   91         area”; conforming a provision to a change made by the
   92         act; increasing the number of days the department may
   93         extend the filing date; extending the future
   94         expiration of an applicant for a tax refund; amending
   95         s. 288.106, F.S.; conforming provisions to changes
   96         made by the act; revising the definition of the term
   97         “local financial support exemption option” to remove a
   98         limit on the allowable percentage of total tax
   99         refunds; increasing the number of days the department
  100         may extend the filing date; revising the limitations
  101         on the average private sector wage paid by the
  102         business; amending s. 288.107, F.S.; revising the term
  103         “eligible business”; defining the term “fixed capital
  104         investment”; amending s. 288.1088, F.S.; revising the
  105         requirements for projects eligible for receipt of
  106         funds from the Quick Action Closing Fund; conforming a
  107         provision to a change made by the act; requiring a
  108         specified request to be transmitted in writing to the
  109         department with an explanation of the specific
  110         justification for the request; requiring a decision to
  111         be stated in writing with an explanation of the reason
  112         for approving the request if the department approves
  113         the request; prohibiting the department from waiving
  114         more than a specified amount of criteria; revising the
  115         information that the department must include in an
  116         evaluation of an individual proposal for high-impact
  117         business facilities; prohibiting the payment of moneys
  118         from the fund to a business until the scheduled goals
  119         have been achieved; revising the information that must
  120         be included in a contract that sets forth the
  121         conditions for payments of moneys from the fund;
  122         amending s. 288.1089, F.S.; conforming provisions to
  123         changes made by the act; amending s. 288.905, F.S.;
  124         providing that the president appointed by the board of
  125         directors of Enterprise Florida, Inc., is subject to
  126         confirmation by the Senate; prohibiting a former
  127         president from receiving compensation for personally
  128         representing a specified entity before the legislative
  129         or executive branch of state government; providing
  130         applicability; amending s. 288.9937, F.S.; requiring
  131         the Office of Program Policy Analysis and Government
  132         Accountability to analyze and evaluate certain
  133         programs for a specified period; requiring the Office
  134         of Economic and Demographic Research to determine the
  135         economic benefits of certain programs; requiring the
  136         Office of Program Policy Analysis and Government
  137         Accountability to identify inefficiencies in certain
  138         programs and to recommend changes to such programs;
  139         revising the date by which each office must submit a
  140         report to certain persons; providing an effective
  141         date.
  142          
  143  Be It Enacted by the Legislature of the State of Florida:
  144  
  145         Section 1. Paragraph (b) of subsection (1) of section
  146  220.191, Florida Statutes, is amended to read:
  147         220.191 Capital investment tax credit.—
  148         (1) DEFINITIONS.—For purposes of this section:
  149         (b) “Cumulative capital investment” means the total capital
  150  investment in land, buildings, and equipment made in connection
  151  with a qualifying project during the period from the beginning
  152  of construction of the project to the commencement of
  153  operations. The term does not include any state or local funds,
  154  including funds appropriated to public or private entities, used
  155  for capital investment.
  156         Section 2. Paragraph (e) of subsection (2) of section
  157  288.0001, Florida Statutes, is amended to read:
  158         288.0001 Economic Development Programs Evaluation.—The
  159  Office of Economic and Demographic Research and the Office of
  160  Program Policy Analysis and Government Accountability (OPPAGA)
  161  shall develop and present to the Governor, the President of the
  162  Senate, the Speaker of the House of Representatives, and the
  163  chairs of the legislative appropriations committees the Economic
  164  Development Programs Evaluation.
  165         (2) The Office of Economic and Demographic Research and
  166  OPPAGA shall provide a detailed analysis of economic development
  167  programs as provided in the following schedule:
  168         (e) Beginning January 1, 2018, and every 3 years
  169  thereafter, an analysis of the Sports Development Program
  170  established under s. 288.11625 and the retention of Major League
  171  Baseball spring training baseball franchises under s. 288.11631.
  172         Section 3. Subsection (1) of section 288.005, Florida
  173  Statutes, is amended to read:
  174         288.005 Definitions.—As used in this chapter, the term:
  175         (1) “Economic benefits” means the direct, indirect, and
  176  induced gains in state revenues as a percentage of the state’s
  177  investment. The state’s investment includes all state funds
  178  spent or forgone to benefit the business, including state funds
  179  appropriated to public and private entities, state grants, tax
  180  exemptions, tax refunds, tax credits, and other state
  181  incentives.
  182         Section 4. Section 288.061, Florida Statutes, is amended to
  183  read:
  184         288.061 Economic development incentive application
  185  process.—
  186         (1) Beginning January 1, 2016, the department shall
  187  prescribe a form upon which an application for an incentive must
  188  be made. At a minimum, the incentive application must include
  189  all of the following:
  190         (a) The applicant’s federal employer identification number,
  191  reemployment assistance account number, and state sales tax
  192  registration number. If such numbers are not available at the
  193  time of application, they must be submitted to the department in
  194  writing before the disbursement of any economic incentive
  195  payments or the grant of any tax credits or refunds.
  196         (b) The applicant’s signature.
  197         (c) The location in this state at which the project is or
  198  will be located.
  199         (d) The anticipated commencement date of the project.
  200         (e) A description of the type of business activity,
  201  product, or research and development undertaken by the
  202  applicant, including the six-digit North American Industry
  203  Classification System code for all activities included in the
  204  project.
  205         (f) An attestation verifying that the information provided
  206  on the application is true and accurate.
  207         (2)(1) Upon receiving a submitted economic development
  208  incentive application, the Division of Strategic Business
  209  Development of the department of Economic Opportunity and
  210  designated staff of Enterprise Florida, Inc., shall review the
  211  application to ensure that the application is complete, whether
  212  and what type of state and local permits may be necessary for
  213  the applicant’s project, whether it is possible to waive such
  214  permits, and what state incentives and amounts of such
  215  incentives may be available to the applicant. The department
  216  shall recommend to the executive director to approve or
  217  disapprove an applicant business. If review of the application
  218  demonstrates that the application is incomplete, the executive
  219  director shall notify the applicant business within the first 5
  220  business days after receiving the application.
  221         (3)(2)Beginning July 1, 2013, The department shall review
  222  and evaluate each economic development incentive application for
  223  the economic benefits of the proposed award of state incentives
  224  proposed for the project. The term “economic benefits” has the
  225  same meaning as in s. 288.005. The Office of Economic and
  226  Demographic Research shall establish the methodology and model
  227  used to calculate the economic benefits, including guidelines
  228  for the appropriate application of the department’s internal
  229  model. For purposes of this requirement, an amended definition
  230  of the term “economic benefits” may be developed by the Office
  231  of Economic and Demographic Research. However, the amended
  232  definition must reflect the requirement of s. 288.005 that the
  233  state’s investment include all state funds spent or forgone to
  234  benefit the business, including state funds appropriated to
  235  public and private entities, to the extent that those funds
  236  should reasonably be known to the department at the time of
  237  approval. In the department’s evaluation of an economic
  238  development incentive application, the department may not
  239  attribute to the business any capital investment made by the
  240  business using state funds.
  241         (4) The department’s evaluation of the application must
  242  also include all of the following:
  243         (a) A financial analysis of the company, including
  244  information regarding liens and pending or ongoing litigation,
  245  credit ratings, and regulatory filings.
  246         (b) A review of any independent evaluations of the company.
  247         (c) A review of the historical market performance of the
  248  company.
  249         (d) A review of the latest audit of the company’s financial
  250  statement and the related auditor management letter.
  251         (e) A review of any other audits that are related to the
  252  internal controls or management of the company.
  253         (f) A review of performance in connection with past
  254  incentives.
  255         (g) Any other review deemed necessary by the department.
  256         (5)(a)(3)Except as provided in paragraph (b), within 10
  257  business days after the department receives a complete the
  258  submitted economic development incentive application, the
  259  executive director shall approve or disapprove the application
  260  and issue a letter of certification to the applicant which
  261  includes a justification of that decision, unless the business
  262  requests an extension of that time.
  263         (b) Within 10 business days after the department receives a
  264  complete economic development incentive application for a
  265  project identified in paragraph (d), the executive director
  266  shall recommend to the Governor approval or disproval of the
  267  application. The recommendation must include a justification for
  268  the recommendation and the proposed performance conditions that
  269  the project must meet to obtain incentive funds.
  270         1. The Governor may approve a project without consulting
  271  the Legislature for a project that requires less than $2 million
  272  in funding.
  273         2. Except as provided in subparagraph 4., for any project
  274  that requires funding in the amount of at least $2 million and
  275  up to $7.5 million, the Governor shall provide a written
  276  description and evaluation of the project to the chair and vice
  277  chair of the Legislative Budget Commission at least 10 days
  278  before giving final approval for the project. The recommendation
  279  must include proposed payment and performance conditions that
  280  the project must meet in order to obtain incentive funds and to
  281  avoid sanctions. If the chair or vice chair of the Legislative
  282  Budget Commission, the President of the Senate, or the Speaker
  283  of the House of Representatives advises the Governor, in
  284  writing, that his or her planned or proposed action exceeds the
  285  delegated authority of the Governor or is contrary to
  286  legislative policy or intent, the Governor shall instruct the
  287  department to immediately suspend any action planned or proposed
  288  until the Legislative Budget Commission or the Legislature makes
  289  a determination on the project.
  290         3. Any project that requires funding in the amount of $7.5
  291  million or greater must be approved by the Legislative Budget
  292  Commission before final approval by the Governor.
  293         4. Any project that requires funding in the amount of $5
  294  million or greater and that provides a waiver of program
  295  requirements must be approved by the Legislative Budget
  296  Commission prior to final approval by the Governor.
  297         (c) Upon approval of a project under paragraph (b), the
  298  department shall issue a letter certifying the applicant as
  299  qualified for an award.
  300         (d) For purposes of paragraphs (b) and (c), the term
  301  “project” means a project that will receive funds under any one
  302  of the following programs:
  303         1. The Local Government Distressed Area Matching Grant
  304  Program established by s. 288.0659.
  305         2. The qualified defense contractor and space flight
  306  business tax refund program established under s. 288.1045.
  307         3. The qualified target industry business tax refund
  308  authorized under s. 288.106.
  309         4. The brownfield redevelopment bonus refund established
  310  under s. 288.107.
  311         5. High-impact business performance grants established
  312  under s. 288.108.
  313         6. The Quick Action Closing Fund established under s.
  314  288.1088.
  315         7. The Innovation Incentive Program created by s. 288.1089.
  316         (6)(a) Upon certification, the department and the applicant
  317  shall enter into an agreement or contract. The contract or
  318  agreement or contract with the applicant must specify the total
  319  amount of the award, the performance conditions that must be met
  320  to obtain the award, the schedule for payment, and sanctions
  321  that would apply for failure to meet performance conditions. Any
  322  agreement or contract that requires capital investment to be
  323  made by the business must also require that such investment
  324  remain in this state for the duration of the agreement or
  325  contract. The department may enter into one agreement or
  326  contract covering all of the state incentives that are being
  327  provided to the applicant. The duration of an agreement or
  328  contract may not exceed 10 years. However, the department may
  329  enter into a successive agreement or contract for a specific
  330  project to extend the initial 10-year term, provided that each
  331  successive agreement or contract is contingent upon the
  332  successful completion of the previous agreement or contract. If
  333  all of the state incentives for one agreement or contract total
  334  $20 million or greater, the restriction on the term of the
  335  agreement or contract does not apply. The agreement or contract
  336  must provide that release of funds is contingent upon sufficient
  337  appropriation of funds by the Legislature.
  338         (b) The release of funds for the incentive or incentives
  339  awarded to the applicant depends upon the statutory requirements
  340  of the particular incentive program. For any performance
  341  conditions that relate to job creation, the agreement or
  342  contract must require that the applicant use the workforce
  343  information systems implemented under s. 445.011.
  344         (7)(4) The department shall validate contractor performance
  345  and report such validation in the annual incentives report
  346  required under s. 288.907.
  347         (8)(5)(a) The executive director may not approve an
  348  economic development incentive application unless the
  349  application includes a signed written declaration by the
  350  applicant which states that the applicant has read the
  351  information in the application and that the information is true,
  352  correct, and complete to the best of the applicant’s knowledge
  353  and belief.
  354         (b) After an economic development incentive application is
  355  approved, the awardee shall provide, in each year that the
  356  department is required to validate contractor performance, a
  357  signed written declaration. The written declaration must state
  358  that the awardee has reviewed the information and that the
  359  information is true, correct, and complete to the best of the
  360  awardee’s knowledge and belief.
  361         (9) The department shall provide notice, including a
  362  written description and evaluation, to the Legislature of any
  363  proposed amendment to an agreement or contract. In order to
  364  provide an opportunity for review, at least 3 business days
  365  before signing an amendment to an agreement or contract, the
  366  department shall provide notice of the proposed change to the
  367  chair and vice chair of the Legislative Budget Commission, the
  368  President of the Senate, and the Speaker of the House of
  369  Representatives. However, a proposed amendment to an agreement
  370  or contract that reduces the projected economic benefits
  371  calculated at the time the agreement or contract was executed by
  372  0.50 or more or that results in an economic benefit ratio below
  373  a statutorily required level for receipt of funds is subject to
  374  the 10-day notice and objection procedures set forth in this
  375  section. Any such amended agreement or contract must also
  376  provide for a proportionate reduction in the award amount. If
  377  the chair or vice chair of the Legislative Budget Commission,
  378  the President of the Senate, or the Speaker of the House of
  379  Representatives timely advises the Governor, in writing, that
  380  such action or proposed action exceeds the delegated authority
  381  of the Governor or is contrary to legislative policy or intent,
  382  the Governor shall instruct the department to immediately
  383  suspend any action proposed or taken until the Legislative
  384  Budget Commission or the Legislature makes a determination on
  385  the project.
  386         (10)(6) The department is authorized to adopt rules to
  387  implement this section.
  388         Section 5. Paragraph (b) of subsection (1), paragraph (e)
  389  of subsection (3), paragraphs (a) and (d) of subsection (5), and
  390  subsection (7) of section 288.1045, Florida Statutes, are
  391  amended to read:
  392         288.1045 Qualified defense contractor and space flight
  393  business tax refund program.—
  394         (1) DEFINITIONS.—As used in this section:
  395         (b) “Average private sector wage in the area” means the
  396  average of all private sector wages and salaries in the state,
  397  the county, or in the standard metropolitan area in which the
  398  business unit is located.
  399         (3) APPLICATION PROCESS; REQUIREMENTS; AGENCY
  400  DETERMINATION.—
  401         (e) To qualify for review by the department, the
  402  application of an applicant must, at a minimum, establish the
  403  following to the satisfaction of the department:
  404         1. The jobs proposed to be provided under the application,
  405  pursuant to subparagraph (b)6., subparagraph (c)6., or
  406  subparagraph (j)6., must pay an estimated annual average wage
  407  equaling at least 115 percent of the average private sector wage
  408  in the area where the project is to be located.
  409         2. The consolidation of a Department of Defense contract
  410  must result in a net increase of at least 25 percent in the
  411  number of jobs at the applicant’s facilities in this state or
  412  the addition of at least 80 jobs at the applicant’s facilities
  413  in this state.
  414         3. The conversion of defense production jobs to nondefense
  415  production jobs must result in net increases in nondefense
  416  employment at the applicant’s facilities in this state.
  417         4. The Department of Defense contract or the space flight
  418  business contract cannot allow the business to include the costs
  419  of relocation or retooling in its base as allowable costs under
  420  a cost-plus, or similar, contract.
  421         5. A business unit of the applicant must have derived not
  422  less than 60 percent of its gross receipts in this state from
  423  Department of Defense contracts or space flight business
  424  contracts over the applicant’s last fiscal year, and must have
  425  derived not less than an average of 60 percent of its gross
  426  receipts in this state from Department of Defense contracts or
  427  space flight business contracts over the 5 years preceding the
  428  date an application is submitted pursuant to this section. This
  429  subparagraph does not apply to any application for certification
  430  based on a contract for reuse of a defense-related facility.
  431         6. The reuse of a defense-related facility must result in
  432  the creation of at least 100 jobs at such facility.
  433         7. A new space flight business contract or the
  434  consolidation of a space flight business contract must result in
  435  net increases in space flight business employment at the
  436  applicant’s facilities in this state.
  437         (5) ANNUAL CLAIM FOR REFUND.—
  438         (a) To be eligible to claim any scheduled tax refund,
  439  qualified applicants who have entered into a written agreement
  440  with the department pursuant to subsection (4) and who have
  441  entered into a valid new Department of Defense contract, entered
  442  into a valid new space flight business contract, commenced the
  443  consolidation of a space flight business contract, commenced the
  444  consolidation of a Department of Defense contract, commenced the
  445  conversion of defense production jobs to nondefense production
  446  jobs, or entered into a valid contract for reuse of a defense
  447  related facility must apply by January 31 of each fiscal year to
  448  the department for tax refunds scheduled to be paid from the
  449  appropriation for the fiscal year that begins on July 1
  450  following the January 31 claims-submission date. The department
  451  may, upon written request, grant up to a 60-day 30-day extension
  452  of the filing date. The application must include a notarized
  453  signature of an officer of the applicant.
  454         (d) The department, with assistance from the Department of
  455  Revenue, shall, by June 30 following the scheduled date for
  456  submitting the tax refund claim, specify by written order the
  457  approval or disapproval of the tax refund claim and, if
  458  approved, the amount of the tax refund that is authorized to be
  459  paid to the qualified applicant for the annual tax refund. The
  460  department may grant up to a 60-day an extension of this date
  461  upon the request of the qualified applicant for the purpose of
  462  filing additional information in support of the claim.
  463         (7) EXPIRATION.—An applicant may not be certified as
  464  qualified under this section after June 30, 2020 2014. A tax
  465  refund agreement existing on that date shall continue in effect
  466  in accordance with its terms.
  467         Section 6. Paragraphs (c) and (k) of subsection (2),
  468  paragraph (b) of subsection (4), and paragraphs (a), (e), and
  469  (f) of subsection (6) of section 288.106, Florida Statutes, are
  470  amended to read:
  471         288.106 Tax refund program for qualified target industry
  472  businesses.—
  473         (2) DEFINITIONS.—As used in this section:
  474         (c) “Average private sector wage in the area” means the
  475  statewide private sector average wage or the average of all
  476  private sector wages and salaries in the county or in the
  477  standard metropolitan area in which the business is located.
  478         (k) “Local financial support exemption option” means the
  479  option to exercise an exemption from the local financial support
  480  requirement available to an any applicant whose project is
  481  located in a brownfield area, a rural city, or a rural
  482  community. Any applicant that exercises this option is not
  483  eligible for more than 80 percent of the total tax refunds
  484  allowed such applicant under this section.
  485         (4) APPLICATION AND APPROVAL PROCESS.—
  486         (b) To qualify for review by the department, the
  487  application of a target industry business must, at a minimum,
  488  establish the following to the satisfaction of the department:
  489         1.a. The jobs proposed to be created under the application,
  490  pursuant to subparagraph (a)4., must pay an estimated annual
  491  average wage equaling at least 115 percent of the average
  492  private sector wage in the area where the business is to be
  493  located or the statewide private sector average wage. The
  494  governing board of the local governmental entity providing the
  495  local financial support of the jurisdiction where the qualified
  496  target industry business is to be located shall notify the
  497  department and Enterprise Florida, Inc., which calculation of
  498  the average private sector wage in the area must be used as the
  499  basis for the business’s wage commitment. In determining the
  500  average annual wage, the department shall include only new
  501  proposed jobs, and wages for existing jobs shall be excluded
  502  from this calculation.
  503         b. The department may waive the average wage requirement at
  504  the request of the local governing body recommending the project
  505  and Enterprise Florida, Inc. The department may waive the wage
  506  requirement for a project located in a brownfield area
  507  designated under s. 376.80, in a rural city, in a rural
  508  community, in an enterprise zone, or for a manufacturing project
  509  at any location in the state if the jobs proposed to be created
  510  pay an estimated annual average wage equaling at least 100
  511  percent of the average private sector wage in the area where the
  512  business is to be located, only if the merits of the individual
  513  project or the specific circumstances in the community in
  514  relationship to the project warrant such action. If the local
  515  governing body and Enterprise Florida, Inc., make such a
  516  recommendation, it must be transmitted in writing with, and the
  517  specific justification for the waiver recommendation must be
  518  explained. If the department elects to waive the wage
  519  requirement, the waiver must be stated in writing with, and the
  520  reasons for granting the waiver must be explained.
  521         2. The target industry business’s project must result in
  522  the creation of at least 10 jobs at the project and, in the case
  523  of an expansion of an existing business, must result in a net
  524  increase in employment of at least 10 percent at the business.
  525  At the request of the local governing body recommending the
  526  project and Enterprise Florida, Inc., the department may waive
  527  this requirement for a business in a rural community or
  528  enterprise zone if the merits of the individual project or the
  529  specific circumstances in the community in relationship to the
  530  project warrant such action. If the local governing body and
  531  Enterprise Florida, Inc., make such a request, the request must
  532  be transmitted in writing with an explanation of, and the
  533  specific justification for the request must be explained. If the
  534  department elects to grant the request, the grant must be stated
  535  in writing and explain, and the reason for granting the request
  536  must be explained.
  537         3. The business activity or product for the applicant’s
  538  project must be within an industry identified by the department
  539  as a target industry business that contributes to the economic
  540  growth of the state and the area in which the business is
  541  located, that produces a higher standard of living for residents
  542  of this state in the new global economy, or that can be shown to
  543  make an equivalent contribution to the area’s and state’s
  544  economic progress.
  545         (6) ANNUAL CLAIM FOR REFUND.—
  546         (a) To be eligible to claim any scheduled tax refund, a
  547  qualified target industry business that has entered into a tax
  548  refund agreement with the department under subsection (5) must
  549  apply by January 31 of each fiscal year to the department for
  550  the tax refund scheduled to be paid from the appropriation for
  551  the fiscal year that begins on July 1 following the January 31
  552  claims-submission date. The department may, upon written
  553  request, grant up to a 60-day 30-day extension of the filing
  554  date.
  555         (e) A prorated tax refund, less a 5 percent penalty, shall
  556  be approved for a qualified target industry business if all
  557  other applicable requirements have been satisfied and the
  558  business proves to the satisfaction of the department that:
  559         1. It has achieved at least 80 percent of its projected
  560  employment; and
  561         2. The average wage paid by the business is at least 90
  562  percent of that the average wage specified in the tax refund
  563  agreement. However, the average wage may not be, but in no case
  564  less than 115 percent of the average private sector wage in the
  565  area available at the time of certification; or, if the business
  566  requested the additional per-job tax refund authorized in
  567  paragraph (3)(b) for wages of at least 150 percent of the
  568  average private sector wage in the area available at the time of
  569  certification, less than 135 percent of the average private
  570  sector wage in the area available at the time of certification;,
  571  or if the business requested the additional per-job tax refund
  572  authorized in paragraph (3)(b) for wages of at least 150 percent
  573  or 200 percent of the average private sector wage in the area
  574  available at the time of certification, less than 180 percent of
  575  the average private sector wage in the area available at the
  576  time of certification if the business requested the additional
  577  per-job tax refund authorized in paragraph (3)(b) for wages
  578  above those levels. The prorated tax refund shall be calculated
  579  by multiplying the tax refund amount for which the qualified
  580  target industry business would have been eligible, if all
  581  applicable requirements had been satisfied, by the percentage of
  582  the average employment specified in the tax refund agreement
  583  which was achieved, and by the percentage of the average wages
  584  specified in the tax refund agreement which was achieved.
  585         (f) The department, with such assistance as may be required
  586  from the Department of Revenue, shall, by June 30 following the
  587  scheduled date for submission of the tax refund claim, specify
  588  by written order the approval or disapproval of the tax refund
  589  claim and, if approved, the amount of the tax refund that is
  590  authorized to be paid to the qualified target industry business
  591  for the annual tax refund. The department may grant up to a 60
  592  day an extension of this date on the request of the qualified
  593  target industry business for the purpose of filing additional
  594  information in support of the claim.
  595         Section 7. Paragraph (d) of subsection (1) and paragraph
  596  (b) of subsection (3) of section 288.107, Florida Statutes, are
  597  amended to read:
  598         288.107 Brownfield redevelopment bonus refunds.—
  599         (1) DEFINITIONS.—As used in this section:
  600         (d) “Eligible business” means:
  601         1. A qualified target industry business as defined in s.
  602  288.106(2); or
  603         2. A business that can demonstrate that it has made a fixed
  604  capital investment of at least $2 million in mixed-use business
  605  activities, including multiunit housing, commercial, retail, and
  606  industrial in brownfield areas eligible for bonus refunds, and
  607  that provides benefits to its employees.
  608         (3) CRITERIA.—The minimum criteria for participation in the
  609  brownfield redevelopment bonus refund are:
  610         (b) The completion of a fixed capital investment of at
  611  least $2 million in mixed-use business activities, including
  612  multiunit housing, commercial, retail, and industrial in
  613  brownfield areas eligible for bonus refunds, by an eligible
  614  business applying for a refund under paragraph (2)(b) which
  615  provides benefits to its employees. As used in this paragraph,
  616  the term fixed capital investment” does not include state funds
  617  used for the capital investment, including state funds
  618  appropriated to public and private entities.
  619         Section 8. Subsections (2), (3), and (4) of section
  620  288.1088, Florida Statutes, are amended to read:
  621         288.1088 Quick Action Closing Fund.—
  622         (2) There is created within the department the Quick Action
  623  Closing Fund. Except as provided in subsection (3), projects
  624  eligible for receipt of funds from the Quick Action Closing Fund
  625  must shall:
  626         (a) Be in an industry as referenced in s. 288.106.
  627         (b) Have a positive economic benefit ratio of at least 4 to
  628  1 5 to 1.
  629         (c) Be an inducement to the project’s location or expansion
  630  in the state.
  631         (d) Pay an average annual wage of at least 125 percent of
  632  the average areawide or statewide private sector average wage in
  633  the area. As used in this section, the term “average private
  634  sector wage in the area” means the average of all private sector
  635  wages in the county or in the standard metropolitan area in
  636  which the project is located as determined by the department.
  637         (e) Be supported by the local community in which the
  638  project is to be located.
  639         (3)(a) The department and Enterprise Florida, Inc., shall
  640  jointly review applications pursuant to s. 288.061 and determine
  641  the eligibility of each project consistent with the criteria in
  642  subsection (2).
  643         (b) If the local governing body and Enterprise Florida,
  644  Inc., decide to request a waiver of the criteria in subsection
  645  (2), such request must be transmitted in writing to the
  646  department with an explanation of the specific justification for
  647  the request. If the department approves the request, the
  648  decision must be stated in writing with an explanation of the
  649  reason for approving the request.
  650         (c) The department may not waive more than two of the
  651  criteria in subsection (2), and a waiver may
  652          Waiver of these criteria may be considered only under the
  653  following criteria:
  654         1. If the department determines the existence of Based on
  655  extraordinary circumstances;
  656         2. In order to mitigate the impact of the conclusion of the
  657  space shuttle program; or
  658         3. In rural areas of opportunity if the project would
  659  significantly benefit the local or regional economy.
  660         (d) The criteria in subsection (2) may not be waived if:
  661         a. The economic benefit ratio would be below 2 to 1; or
  662         b. The average annual wage would be below 100 percent of
  663  the average private sector wage in the area.
  664         (e) The criteria that the incentive be an inducement to the
  665  project’s location or expansion in this state may not be waived.
  666         (4)(b) The department shall evaluate individual proposals
  667  for high-impact business facilities. Such evaluation must
  668  include, but need not be limited to:
  669         (a)1. A description of the type of facility or
  670  infrastructure, its operations, and the associated product or
  671  service associated with the facility.
  672         (b)2. The minimum and maximum number of full-time
  673  equivalent jobs that will be created by the facility and the
  674  total estimated average annual wages of those jobs or, in the
  675  case of privately developed rural infrastructure, the types of
  676  business activities and jobs stimulated by the investment.
  677         (c)3. The cumulative amount of investment to be dedicated
  678  to the facility within a specified period.
  679         (d)4. A statement of any special impacts the facility is
  680  expected to stimulate in a particular business sector in the
  681  state or regional economy or in the state’s universities and
  682  community colleges.
  683         (e)5. A statement of the role the incentive is expected to
  684  play in the decision of the applicant business to locate or
  685  expand in this state or for the private investor to provide
  686  critical rural infrastructure.
  687         (f)6. A report evaluating the quality and value of the
  688  company submitting a proposal. The report must include:
  689         1.a. A financial analysis of the company, including an
  690  evaluation of the company’s short-term liquidity ratio as
  691  measured by its assets to liability, the company’s profitability
  692  ratio, and the company’s long-term solvency as measured by its
  693  debt-to-equity ratio;
  694         2.b. The historical market performance of the company;
  695         3.c. A review of any independent evaluations of the
  696  company;
  697         4.d. A review of the latest audit of the company’s
  698  financial statement and the related auditor’s management letter;
  699  and
  700         5.e. A review of any other types of audits that are related
  701  to the internal and management controls of the company.
  702         (c)1. Within 7 business days after evaluating a project,
  703  the department shall recommend to the Governor approval or
  704  disapproval of a project for receipt of funds from the Quick
  705  Action Closing Fund. In recommending a project, the department
  706  shall include proposed performance conditions that the project
  707  must meet to obtain incentive funds.
  708         2. The Governor may approve projects without consulting the
  709  Legislature for projects requiring less than $2 million in
  710  funding.
  711         3. For projects requiring funding in the amount of $2
  712  million to $5 million, the Governor shall provide a written
  713  description and evaluation of a project recommended for approval
  714  to the chair and vice chair of the Legislative Budget Commission
  715  at least 10 days prior to giving final approval for a project.
  716  The recommendation must include proposed performance conditions
  717  that the project must meet in order to obtain funds.
  718         4. If the chair or vice chair of the Legislative Budget
  719  Commission or the President of the Senate or the Speaker of the
  720  House of Representatives timely advises the Executive Office of
  721  the Governor, in writing, that such action or proposed action
  722  exceeds the delegated authority of the Executive Office of the
  723  Governor or is contrary to legislative policy or intent, the
  724  Executive Office of the Governor shall void the release of funds
  725  and instruct the department to immediately change such action or
  726  proposed action until the Legislative Budget Commission or the
  727  Legislature addresses the issue. Notwithstanding such
  728  requirement, any project exceeding $5 million must be approved
  729  by the Legislative Budget Commission prior to the funds being
  730  released.
  731         (5)(d) Upon the approval of the Governor, the department
  732  and the business shall enter into a contract that sets forth the
  733  conditions for payment of moneys from the fund. Such payment may
  734  not be made to the business until the scheduled goals have been
  735  achieved. The contract must include the total amount of funds
  736  awarded; the minimum and maximum amount of funds that may be
  737  awarded, if applicable; the performance conditions that must be
  738  met to obtain the award, including, but not limited to, net new
  739  employment in the state, average salary, and total capital
  740  investment incurred by the business, and the minimum and maximum
  741  number of jobs that will be created, if applicable; demonstrate
  742  a baseline of current service and a measure of enhanced
  743  capability; the methodology for validating performance; the
  744  schedule of payments from the fund; and sanctions for failure to
  745  meet performance conditions. The contract must provide that
  746  payment of moneys from the fund is contingent upon sufficient
  747  appropriation of funds by the Legislature.
  748         Section 9. Paragraph (b) of subsection (2), paragraphs (a)
  749  and (d) of subsection (4), subsection (7), and paragraph (b) of
  750  subsection (8) of section 288.1089, Florida Statutes, are
  751  amended to read:
  752         288.1089 Innovation Incentive Program.—
  753         (2) As used in this section, the term:
  754         (b) “Average private sector wage in the area” means the
  755  statewide average wage in the private sector or the average of
  756  all private sector wages in the county or in the standard
  757  metropolitan area in which the project is located as determined
  758  by the department.
  759         (4) To qualify for review by the department, the applicant
  760  must, at a minimum, establish the following to the satisfaction
  761  of the department:
  762         (a) The jobs created by the project must pay an estimated
  763  annual average wage equaling at least 130 percent of the average
  764  private sector wage in the area. The department may waive this
  765  average wage requirement at the request of Enterprise Florida,
  766  Inc., for a project located in a rural area, a brownfield area,
  767  or an enterprise zone, when the merits of the individual project
  768  or the specific circumstances in the community in relationship
  769  to the project warrant such action. A recommendation for waiver
  770  by Enterprise Florida, Inc., must include a specific
  771  justification for the waiver and be transmitted to the
  772  department in writing. If the department elects to waive the
  773  wage requirement, the waiver must be stated in writing and
  774  explain and the reasons for granting the waiver must be
  775  explained.
  776         (d) For an alternative and renewable energy project in this
  777  state, the project must:
  778         1. Demonstrate a plan for significant collaboration with an
  779  institution of higher education;
  780         2. Provide the state, at a minimum, a cumulative break-even
  781  economic benefit within a 20-year period;
  782         3. Include matching funds provided by the applicant or
  783  other available sources. The match requirement may be reduced or
  784  waived in rural areas of opportunity or reduced in rural areas,
  785  brownfield areas, and enterprise zones;
  786         4. Be located in this state; and
  787         5. Provide at least 35 direct, new jobs that pay an
  788  estimated annual average wage that equals at least 130 percent
  789  of the average private sector wage in the area.
  790         (7) Upon receipt of the evaluation and recommendation from
  791  the department, the Governor shall approve or deny an award
  792  pursuant to s. 288.061. In recommending approval of an award,
  793  the department shall include proposed performance conditions
  794  that the applicant must meet in order to obtain incentive funds
  795  and any other conditions that must be met before the receipt of
  796  any incentive funds. The Governor shall consult with the
  797  President of the Senate and the Speaker of the House of
  798  Representatives before giving approval for an award. Upon review
  799  and approval of an award by the Legislative Budget Commission,
  800  the Executive Office of the Governor shall release the funds.
  801         (8)
  802         (b) Additionally, agreements signed on or after July 1,
  803  2009, must include the following provisions:
  804         1. Notwithstanding subsection (4), a requirement that the
  805  jobs created by the recipient of the incentive funds pay an
  806  annual average wage at least equal to the relevant industry’s
  807  annual average wage or at least 130 percent of the average
  808  private sector wage in the area, whichever is greater.
  809         2. A reinvestment requirement. Each recipient of an award
  810  shall reinvest up to 15 percent of net royalty revenues,
  811  including revenues from spin-off companies and the revenues from
  812  the sale of stock it receives from the licensing or transfer of
  813  inventions, methods, processes, and other patentable discoveries
  814  conceived or reduced to practice using its facilities in Florida
  815  or its Florida-based employees, in whole or in part, and to
  816  which the recipient of the grant becomes entitled during the 20
  817  years following the effective date of its agreement with the
  818  department. Each recipient of an award also shall reinvest up to
  819  15 percent of the gross revenues it receives from naming
  820  opportunities associated with any facility it builds in this
  821  state. Reinvestment payments shall commence no later than 6
  822  months after the recipient of the grant has received the final
  823  disbursement under the contract and shall continue until the
  824  maximum reinvestment, as specified in the contract, has been
  825  paid. Reinvestment payments shall be remitted to the department
  826  for deposit in the Biomedical Research Trust Fund for companies
  827  specializing in biomedicine or life sciences, or in the Economic
  828  Development Trust Fund for companies specializing in fields
  829  other than biomedicine or the life sciences. If these trust
  830  funds no longer exist at the time of the reinvestment, the
  831  state’s share of reinvestment shall be deposited in their
  832  successor trust funds as determined by law. Each recipient of an
  833  award shall annually submit a schedule of the shares of stock
  834  held by it as payment of the royalty required by this paragraph
  835  and report on any trades or activity concerning such stock. Each
  836  recipient’s reinvestment obligations survive the expiration or
  837  termination of its agreement with the state.
  838         3. Requirements for the establishment of internship
  839  programs or other learning opportunities for educators and
  840  secondary, postsecondary, graduate, and doctoral students.
  841         4. A requirement that the recipient submit quarterly
  842  reports and annual reports related to activities and performance
  843  to the department, according to standardized reporting periods.
  844         5. A requirement for an annual accounting to the department
  845  of the expenditure of funds disbursed under this section.
  846         6. A process for amending the agreement.
  847         Section 10. Subsection (1) is amended and subsection (5) is
  848  added to section 288.905, Florida Statutes, to read:
  849         288.905 President and employees of Enterprise Florida,
  850  Inc.—
  851         (1) The board of directors of Enterprise Florida, Inc.,
  852  shall appoint a president, subject to confirmation by the
  853  Senate, who shall serve at the pleasure of the Governor. The
  854  president shall also be known as the “secretary of commerce” and
  855  shall serve as the Governor’s chief negotiator for business
  856  recruitment and business expansion.
  857         (5) For a period of 2 years following vacation of office, a
  858  former president may not receive compensation for personally
  859  representing before the legislative or executive branch of state
  860  government an entity that applied for funding, received state
  861  funds, or negotiated with Enterprise Florida, Inc., for the
  862  receipt of state funds, regardless of whether the entity
  863  actually received any state funds.
  864         Section 11. The changes made to s. 288.905, Florida
  865  Statutes, apply only to presidents who are appointed or
  866  reappointed on or after July 1, 2015.
  867         Section 12. Section 288.9937, Florida Statutes, is amended
  868  to read:
  869         288.9937 Evaluation of programs.—The Office of Economic and
  870  Demographic Research and the Office of Program Policy Analysis
  871  and Government Accountability shall analyze and , evaluate, and
  872  determine the economic benefits, as defined in s. 288.005, of
  873  the first 3 years of the Microfinance Loan Program and the
  874  Microfinance Guarantee Program. The analysis by the Office of
  875  Economic and Demographic Research must also determine the
  876  economic benefits, as defined in s. 288.005, evaluate the number
  877  of jobs created, the increase or decrease in personal income,
  878  and the impact on state gross domestic product from the direct,
  879  indirect, and induced effects of the state’s investment. The
  880  analysis by the Office of Program Policy Analysis and Government
  881  Accountability must also identify any inefficiencies in the
  882  programs and provide recommendations for changes to the
  883  programs. Each The office shall submit a report to the President
  884  of the Senate and the Speaker of the House of Representatives by
  885  January 15 1, 2018. This section expires January 31, 2018.
  886         Section 13. This act shall take effect July 1, 2015.