House Bill hb1735

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    Florida House of Representatives - 2001                HB 1735

        By the Fiscal Responsibility Council and Representative
    Johnson





  1                      A bill to be entitled

  2         An act relating to economic development;

  3         amending s. 288.106, F.S., relating to the tax

  4         refund program for qualified target industry

  5         businesses; revising requirements for

  6         application for certification as such business

  7         with respect to the number of new jobs at the

  8         business and projections by the Office of

  9         Tourism, Trade, and Economic Development of

10         refunds based thereon; revising requirements

11         relating to the tax refund agreement with

12         respect to job creation and the time for filing

13         of claims for refund; revising provisions

14         relating to annual claims for refund; providing

15         an application deadline; revising provisions

16         relating to the order authorizing a tax refund;

17         specifying that nothing in said section creates

18         a presumption that a claim will be approved and

19         paid; providing applicability to tax refund

20         agreements and claims for refund executed prior

21         to the effective date of the act; revising the

22         agencies with which the office may verify

23         information and to which the office may provide

24         information; amending s. 288.980, F.S.;

25         providing that grants by the office to support

26         activities related to the retention of military

27         installations potentially affected by closure

28         or realignment must be from funds specifically

29         appropriated therefor; providing an effective

30         date.

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    Florida House of Representatives - 2001                HB 1735

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

  2

  3         Section 1.  Paragraphs (a) and (d) of subsection (3),

  4  paragraph (a) of subsection (4), and subsections (5) and (6)

  5  of section 288.106, Florida Statutes, are amended to read:

  6         288.106  Tax refund program for qualified target

  7  industry businesses.--

  8         (3)  APPLICATION AND APPROVAL PROCESS.--

  9         (a)  To apply for certification as a qualified target

10  industry business under this section, the business must file

11  an application with the office before the business has made

12  the decision to locate a new business in this state or before

13  the business had made the decision to expand an existing

14  business in this state. The application shall include, but is

15  not limited to, the following information:

16         1.  The applicant's federal employer identification

17  number and the applicant's state sales tax registration

18  number.

19         2.  The permanent location of the applicant's facility

20  in this state at which the project is or is to be located.

21         3.  A description of the type of business activity or

22  product covered by the project, including four-digit SIC codes

23  for all activities included in the project.

24         4.  The number of net new full-time equivalent Florida

25  jobs at the qualified target industry business as of December

26  31 of each year included in this state that are or will be

27  dedicated to the project and the average wage of those jobs.

28  If more than one type of business activity or product is

29  included in the project, the number of jobs and average wage

30  for those jobs must be separately stated for each type of

31  business activity or product.

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  1         5.  The total number of full-time equivalent employees

  2  employed by the applicant in this state.

  3         6.  The anticipated commencement date of the project.

  4         7.  A brief statement concerning the role that the tax

  5  refunds requested will play in the decision of the applicant

  6  to locate or expand in this state.

  7         8.  An estimate of the proportion of the sales

  8  resulting from the project that will be made outside this

  9  state.

10         9.  A resolution adopted by the governing board of the

11  county or municipality in which the project will be located,

12  which resolution recommends that certain types of businesses

13  be approved as a qualified target industry business and states

14  that the commitments of local financial support necessary for

15  the target industry business exist. In advance of the passage

16  of such resolution, the office may also accept an official

17  letter from an authorized local economic development agency

18  that endorses the proposed target industry project and pledges

19  that sources of local financial support for such project

20  exist. For the purposes of making pledges of local financial

21  support under this subsection, the authorized local economic

22  development agency shall be officially designated by the

23  passage of a one-time resolution by the local governing

24  authority.

25         10.  Any additional information requested by the

26  office.

27         (d)  The office shall forward its written findings and

28  evaluation concerning each application meeting the

29  requirements of paragraph (b) to the director within 45

30  calendar days after receipt of a complete application. The

31  office shall notify each target industry business when its

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    Florida House of Representatives - 2001                HB 1735

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  1  application is complete, and of the time when the 45-day

  2  period begins. In its written report to the director, the

  3  office shall specifically address each of the factors

  4  specified in paragraph (c) and shall make a specific

  5  assessment with respect to the minimum requirements

  6  established in paragraph (b). The office shall include in its

  7  report projections of the tax refunds the business would be

  8  eligible to receive refund claim that will be sought by the

  9  target industry business in each fiscal year based on the

10  creation and maintenance of the net new Florida jobs specified

11  in subparagraph (a)4. as of December 31 of the preceding state

12  fiscal year information submitted in the application.

13         (4)  TAX REFUND AGREEMENT.--

14         (a)  Each qualified target industry business must enter

15  into a written agreement with the office which specifies, at a

16  minimum:

17         1.  The total number of full-time equivalent jobs in

18  this state that will be dedicated to the project, the average

19  wage of those jobs, the definitions that will apply for

20  measuring the achievement of these terms during the pendency

21  of the agreement, and a time schedule or plan for when such

22  jobs will be in place and active in this state. This

23  information must be the same as the information contained in

24  the application submitted by the business under subsection

25  (3).

26         2.  The maximum amount of tax refunds which the

27  qualified target industry business is eligible to receive on

28  the project and the maximum amount of a tax refund that the

29  qualified target industry business is eligible to receive in

30  each fiscal year, based on the job creation and maintenance

31  schedule specified in subparagraph 1.

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  1         3.  That the office may review and verify the financial

  2  and personnel records of the qualified target industry

  3  business to ascertain whether that business is in compliance

  4  with this section.

  5         4.  The date by after which, in each fiscal year, the

  6  qualified target industry business may file a an annual claim

  7  under subsection (5) to be considered to receive a tax refund

  8  in the following fiscal year.

  9         5.  That local financial support will be annually

10  available and will be paid to the account. The director may

11  not enter into a written agreement with a qualified target

12  industry business if the local financial support resolution is

13  not passed by the local governing authority within 90 days

14  after he or she has issued the letter of certification under

15  subsection (3).

16

17  Any tax refund agreement or amendment executed prior to the

18  effective date of this act shall be subject to the terms and

19  conditions specified in that agreement as dictated by the laws

20  in force at the time of execution, except with respect to

21  paragraphs (5)(e), (g), and (i).

22         (5)  ANNUAL CLAIM FOR REFUND.--

23         (a)  To be eligible to claim any scheduled tax refund,

24  a qualified target industry business that has entered into a

25  tax refund agreement with the office under subsection (4) must

26  may apply by January 31 of once each fiscal year to the office

27  for the a tax refund scheduled to be paid from the

28  appropriation for the fiscal year which begins on July 1

29  following the January 31 claims submission date. The office

30  may, upon written request, grant a 30-day extension of the

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  1  filing date. The application must be made on or after the date

  2  specified in that agreement.

  3         (b)  The claim for refund by the qualified target

  4  industry business must include a copy of all receipts

  5  pertaining to the payment of taxes for which the refund is

  6  sought and data related to achievement of each performance

  7  item specified in the tax refund agreement. The amount

  8  requested as a tax refund may not exceed the amount specified

  9  for the relevant that fiscal year in that agreement.

10         (c)  A tax refund may not be approved for a qualified

11  target industry business unless the required local financial

12  support has been paid into the account for that refund in that

13  fiscal year. If the local financial support provided is less

14  than 20 percent of the approved tax refund, the tax refund

15  must be reduced. In no event may the tax refund exceed an

16  amount that is equal to 5 times the amount of the local

17  financial support received. Further, funding from local

18  sources includes any tax abatement granted to that business

19  under s. 196.1995 or the appraised market value of municipal

20  or county land conveyed or provided at a discount to that

21  business. The amount of any tax refund for such business

22  approved under this section must be reduced by the amount of

23  any such tax abatement granted or the value of the land

24  granted; and the limitations in subsection (2) and paragraph

25  (3)(f) must be reduced by the amount of any such tax abatement

26  or the value of the land granted. A report listing all sources

27  of the local financial support shall be provided to the office

28  when such support is paid to the account.

29         (d)  A prorated tax refund, less a 5-percent penalty,

30  shall be approved for a qualified target industry business

31  provided all other applicable requirements have been satisfied

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  1  and the business proves to the satisfaction of the director

  2  that it has achieved at least 80 percent of its projected

  3  employment.

  4         (e)  The director, with such assistance as may be

  5  required from the office, the Department of Revenue, or the

  6  Agency for Workforce Innovation Department of Labor and

  7  Employment Security, shall, by June 30 following the scheduled

  8  date for the tax refund claim submission, specify by written

  9  final order the approval or disapproval of the tax refund

10  claim and, if approved, the amount of the tax refund that is

11  authorized to be paid to for the qualified target industry

12  business for the fiscal year within 30 days after the date

13  that the claim for the annual tax refund is received by the

14  office. The office may grant an extension of this date on the

15  request of the qualified target industry business for the

16  purpose of filing additional information in support of the

17  claim.

18         (f)  The total amount of tax refund claims approved by

19  the director under this section in any fiscal year must not

20  exceed the amount authorized under s. 288.095(3).

21         (g)  Nothing in this section shall create a presumption

22  that a scheduled tax refund claim will be approved and paid.

23         (h)(g)  Upon approval of the tax refund under

24  paragraphs (c), (d), and (e), the Comptroller shall issue a

25  warrant for the amount specified in the final order. If the

26  final order is appealed, the Comptroller may not issue a

27  warrant for a refund to the qualified target industry business

28  until the conclusion of all appeals of that order.

29         (i)  Claims authorized in tax refund agreements or

30  amendments executed prior to the effective date of this act

31  shall be filed and evaluated under the terms and conditions

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  1  specified in those agreements or amendments and the laws in

  2  effect at the time of execution, unless amended after that

  3  date.

  4         (6)  ADMINISTRATION.--

  5         (a)  The office is authorized to verify information

  6  provided in any claim submitted for tax credits under this

  7  section with regard to employment and wage levels or the

  8  payment of the taxes to the appropriate agency or authority,

  9  including the Department of Revenue, the Agency for Workforce

10  Innovation Department of Labor and Employment Security, or any

11  local government or authority.

12         (b)  To facilitate the process of monitoring and

13  auditing applications made under this program, the office may

14  provide a list of qualified target industry businesses to the

15  Department of Revenue, to the Agency for Workforce Innovation

16  Department of Labor and Employment Security, or to any local

17  government or authority. The office may request the assistance

18  of those entities with respect to monitoring the payment of

19  the taxes listed in subsection (2).

20         Section 2.  Paragraph (a) of subsection (2) of section

21  288.980, Florida Statutes, is amended to read:

22         288.980  Military base retention; legislative intent;

23  grants program.--

24         (2)(a)  The Office of Tourism, Trade, and Economic

25  Development is authorized to award grants from any funds

26  specifically appropriated available to it to support

27  activities related to the retention of military installations

28  potentially affected by federal base closure or realignment.

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

30  law.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Revises provisions relating to the tax refund program for
  4    qualified target industry businesses. Revises
      requirements for application for certification as such
  5    business with respect to the number of new jobs at the
      business and projections by the Office of Tourism, Trade,
  6    and Economic Development of refunds based thereon.
      Revises requirements relating to the tax refund agreement
  7    with respect to job creation and the time for filing of
      claims for refund. Revises provisions relating to annual
  8    claims for refund. Provides an application deadline.
      Revises provisions relating to the order authorizing a
  9    tax refund. Specifies that nothing in said provisions
      creates a presumption that a claim will be approved and
10    paid. Provides applicability to tax refund agreements and
      claims for refund executed prior to the effective date of
11    the act. Revises the agencies with which the office may
      verify information and to which the office may provide
12    information.

13
      Provides that grants by the office to support activities
14    related to the retention of military installations
      potentially affected by closure or realignment must be
15    from funds specifically appropriated therefor.

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