Senate Bill 1334e2

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  1                      A bill to be entitled

  2         An act relating to information technology;

  3         requiring facilitation of a Network Access

  4         Point by the State Technology Office; requiring

  5         Enterprise Florida, Inc., to create and

  6         implement a marketing and image campaign;

  7         requiring development and maintenance of a

  8         website for information and technology industry

  9         marketing and workforce recruitment; providing

10         that certain limitations expressed in

11         development orders do not preclude the approval

12         of a Network Access Point (NAP), if the NAP

13         satisfies specified conditions; amending s.

14         212.08, F.S.; providing a sales tax exemption

15         on certain equipment used to deploy broadband

16         technologies associated with a Network Access

17         Point; requiring a study by the Legislature to

18         identify obstacles related to the affordable

19         access to consumers by Internet service

20         providers; providing an appropriation;

21         authorizing the State Technology Office to

22         adopt rules; providing an effective date.

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24         WHEREAS, to maintain economic competitiveness, it is

25  incumbent upon the state to create an entity that can

26  represent, promote, and enhance the information technology

27  industry in Florida, and

28         WHEREAS, the information technology industry is growing

29  rapidly and provides high-wage, high-skill jobs, and

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  1         WHEREAS, Florida can capitalize on its geographic

  2  location and human-resource assets to develop an information

  3  technology sector, and

  4         WHEREAS, Florida can be recognized as a global leader

  5  in the information technology industry, particularly in Latin

  6  America, and

  7         WHEREAS, it is in the interest of the Legislature and

  8  the State of Florida to encourage and promote new information

  9  technology businesses and to ensure that those businesses have

10  available to them technical, management, and business

11  counseling to provide the highest probability of success, NOW,

12  THEREFORE,

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Short title.--Sections 1 through 6 of this

17  act may be cited as the "itflorida.com Act of 2000."

18         Section 2.  The State Technology Office shall

19  facilitate the development of a Network Access Point (NAP) in

20  Florida as needed.

21         Section 3.  Creation and implementation of a marketing

22  and image campaign.--

23         (1)  Enterprise Florida, Inc., in collaboration with

24  the private sector, shall create a marketing campaign to help

25  attract, retain, and develop information technology businesses

26  in Florida. The campaign must be coordinated with any existing

27  Florida economic development promotion efforts and must be

28  jointly funded from private and public resources.

29         (2)  The message of the campaign must be to increase

30  national and international awareness of Florida as a state

31  ideally suited for the successful advancement of the


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  1  information technology business sector. Marketing strategies

  2  must include development of promotional materials, Internet

  3  and print advertising, public relations and media placement,

  4  trade show attendance at information technology events, and

  5  appropriate follow-up activities. Efforts to promote Florida

  6  as a high-tech business leader must include identification and

  7  coordination of existing business technology resources,

  8  partnerships with economic development organizations and

  9  private sector businesses, continued retention and growth of

10  Florida-based businesses that produce high-tech products or

11  use high-tech skills for manufacturing, and recruitment of new

12  business in such area.

13         Section 4.  Development of an Internet-based system for

14  information technology industry promotion and workforce

15  recruitment.--

16         (1)  The Department of Labor and Employment Security

17  shall facilitate efforts to ensure the development and

18  maintenance of a website that promotes and markets the

19  information technology industry in this state. The website

20  must be designed to inform the public concerning the scope of

21  the information technology industry in the state and must also

22  be designed to address the workforce needs of the industry.

23  The website must include, through links or actual content,

24  information concerning information technology businesses in

25  this state, including links to these businesses; information

26  concerning employment available at these businesses; and means

27  by which a jobseeker may post a resume on the website.

28         (2)  The Department of Labor and Employment Security

29  shall coordinate with the State Technology Office, the

30  Department of Management Services, the Department of Labor and

31  Employment Security, and the Workforce Development Board of


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  1  Enterprise Florida, Inc., to ensure links, where feasible and

  2  appropriate, to existing job-information websites maintained

  3  by the state and its agencies and to ensure that information

  4  technology positions offered by the state and its agencies are

  5  posted on the information technology website.

  6         Section 5.  A limitation on development within a

  7  development order issued under chapter 380 does not preclude

  8  the granting of any local government development approval or

  9  development permit for a Network Access Point (NAP), a

10  carrier-neutral public-private Internet traffic exchange

11  point, if:

12         (a)  The NAP is proposed within a community

13  redevelopment area established pursuant to the Community

14  Redevelopment Act of 1969;

15         (b)  The proposed NAP is consistent with the applicable

16  local government comprehensive plan; and

17         (c)  The NAP is permissible under the local government

18  land development regulations.

19         Section 6.  Paragraph (n) is added to subsection (5) of

20  section 212.08, Florida Statutes, to read:

21         212.08  Sales, rental, use, consumption, distribution,

22  and storage tax; specified exemptions.--The sale at retail,

23  the rental, the use, the consumption, the distribution, and

24  the storage to be used or consumed in this state of the

25  following are hereby specifically exempt from the tax imposed

26  by this chapter.

27         (5)  EXEMPTIONS; ACCOUNT OF USE.--

28         (n)  Equipment used to deploy broadband technologies.--

29         1.  Beginning July 1, 2000, equipment purchased by a

30  communications service provider which is necessary for use in

31  the deployment of broadband technologies in the state as part


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  1  of the direct participation by the communications service

  2  provider in the Network Access Point (NAP), or

  3  carrier-neutral, public-private Internet traffic exchange

  4  point, in this state shall be exempt from the tax imposed by

  5  this chapter. This exemption inures to the communications

  6  service provider only through a refund of previously paid

  7  taxes. A refund shall be authorized upon an affirmative

  8  showing by the taxpayer to the satisfaction of the department

  9  that the requirements of this paragraph have been met.

10         2.  To be entitled to a refund, an eligible

11  communications service provider must file under oath with the

12  department an application that includes:

13         a.  The name and address of the communications service

14  provider claiming to be entitled to the refund.

15         b.  A specific description of the property for which

16  the exemption is sought, including its serial number or other

17  permanent identification number.

18         c.  The location of the property.

19         d.  The sales invoice or other proof of purchase of the

20  property, showing the amount of sales tax paid, the date of

21  purchase, and the name and address of the sales tax dealer

22  from whom the property was purchased.

23         3.  An application for a refund pursuant to this

24  paragraph must be submitted to the department within 6 months

25  after the eligible property is purchased.

26         4.  The provisions of s. 212.095 do not apply to any

27  refund application made pursuant to this paragraph. The

28  department shall adopt rules governing the manner and form of

29  refund applications and may establish guidelines as to the

30  requisites for an affirmative showing of qualification for

31  exemption under this paragraph.


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  1         5.  For the purposes of this paragraph, the term:

  2         a.  "Broadband technology" means packetized technology

  3  that has the capability of supporting transmission speeds of

  4  at least 1.544 megabits per second in both directions.

  5         b.  "Communications service provider" means a company

  6  that supports or provides individuals and other companies with

  7  access to the Internet and other related services.

  8         c.  "Equipment" includes Asynchronous Transfer Mode

  9  switches, Digital Subscriber Line Access Multiplexers,

10  routers, servers, multiplexers, fiber optic connector

11  equipment, database equipment, and other network equipment

12  used to provide broadband technology and information services.

13         6.  The provisions of this paragraph expire June 30,

14  2005.

15         Section 7.  By October 1, 2000, the Legislature,

16  through its appropriate committee structure, and using the

17  resources of the Governor's Chief Technology Officer and the

18  Information Service Technology Task Force, shall perform a

19  study that identifies obstacles related to the ability of

20  Internet service providers to have affordable access to

21  consumers, including, when appropriate, the identification of

22  solutions that potentially eliminate such obstacles.

23         Section 8.  The sum of $700,000 from non-recurring

24  General Revenue is appropriated for fiscal year 2000-2001 to

25  the State Technology Office to carry out the requirements of

26  this act. Of this appropriation, the Governor shall reserve

27  $100,000 to implement plans developed under this act. The

28  remaining $600,000 is to be used to reimburse eligible

29  companies for sales tax payments made on equipment

30  specifically associated with creation of a network access

31  point. The State Technology Office is authorized to adopt


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  1  rules to implement the sales tax refund provisions of this

  2  act.

  3         Section 9.  This act shall take effect upon becoming a

  4  law.

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