Senate Bill sb2008c2

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    Florida Senate - 2001                    CS for CS for SB 2008

    By the Committees on Appropriations; Commerce and Economic
    Opportunities; and Senator Diaz de la Portilla




    309-1960-01

  1                      A bill to be entitled

  2         An act relating to economic development;

  3         amending s. 212.13, F.S.; requiring freight

  4         forwarders to provide warehouse receipts or

  5         copies of airway bills or bills of lading for

  6         certain purposes; providing receipt

  7         requirements; requiring freight forwarders to

  8         maintain certain records for a time certain;

  9         providing for effect of such documentation;

10         providing a misdemeanor penalty for failing to

11         provide such documentation or maintain certain

12         records; amending s. 288.012, F.S.; changing

13         the date for submission of certain reports by

14         foreign offices; providing for the reports to

15         be compiled and submitted by Enterprise

16         Florida, Inc., as part of its annual report;

17         amending s. 288.095, F.S.; increasing the

18         amount of the total state share of tax refunds

19         that may be scheduled annually for payment

20         under the qualified target industry tax refund

21         program and the qualified defense contractor

22         tax refund program; revising the due date and

23         content for an annual report on incentives and

24         reassigning responsibility for such report to

25         Enterprise Florida, Inc.; amending s. 288.106,

26         F.S., relating to the tax refund program for

27         qualified target industry businesses; revising

28         requirements for application for certification

29         as such business with respect to the number of

30         current and new jobs at the business and

31         projections by the Office of Tourism, Trade,

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  1         and Economic Development of refunds based

  2         thereon; revising requirements relating to the

  3         tax refund agreement with respect to job

  4         creation and the time for filing of claims for

  5         refund; revising provisions relating to annual

  6         claims for refund; authorizing an extension of

  7         time for signing the tax refund agreement;

  8         providing an application deadline; revising

  9         provisions relating to the order authorizing a

10         tax refund; revising conditions under which a

11         prorated tax refund will be approved; providing

12         for the calculation of such prorated tax

13         refund; specifying that the section does not

14         create a presumption that a claim will be

15         approved and paid; revising the agencies with

16         which the office may verify information and to

17         which the office may provide information;

18         expanding the purposes for which the office may

19         seek assistance from certain entities; amending

20         s. 288.90151, F.S.; authorizing Enterprise

21         Florida, Inc., to hire an economic analysis

22         firm to assist with certain reporting

23         requirements; directing Enterprise Florida,

24         Inc., to hire a survey firm to assist with a

25         customer-satisfaction survey; conforming

26         changes; amending s. 288.905, F.S.; revising

27         the deadline for submission of updates or

28         modifications to the strategic plan developed

29         by Enterprise Florida, Inc.; amending s.

30         288.980, F.S.; providing that grants by the

31         Office of Tourism, Trade, and Economic

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  1         Development to support activities related to

  2         the retention of military installations

  3         potentially affected by closure or realignment

  4         must be from funds specifically appropriated

  5         therefor; creating the "New Product Transfer

  6         Enhancement Act"; creating s. 288.907, F.S.;

  7         providing definitions; providing for licensing

  8         of certain products or technologies by donor

  9         companies to receiving companies for production

10         and marketing; providing duties of such

11         companies and of Enterprise Florida, Inc.;

12         providing requirements for product development

13         agreements; creating s. 220.115, F.S.;

14         requiring receiving companies to file a

15         corporate tax return and remit to the state

16         certain fees in addition to any corporate

17         income tax due; providing for application of

18         administrative and penalty provisions of ch.

19         220, F.S.; creating s. 220.1825, F.S.;

20         providing for a credit against the corporate

21         income tax for donor companies; providing for

22         determination of the amount of the credit by

23         Enterprise Florida, Inc., and notification to

24         the Department of Revenue; providing for

25         carryover of the credit; amending s. 220.02,

26         F.S.; providing order of credits against the

27         tax; providing effective dates.

28

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

30

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  1         Section 1.  Effective January 1, 2002, subsection (1)

  2  of section 212.13, Florida Statutes, is amended to read:

  3         212.13  Records required to be kept; power to inspect;

  4  audit procedure.--

  5         (1)(a)  For the purpose of enforcing the collection of

  6  the tax levied by this chapter, the department is hereby

  7  specifically authorized and empowered to examine at all

  8  reasonable hours the books, records, and other documents of

  9  all transportation companies, agencies, or firms that conduct

10  their business by truck, rail, water, aircraft, or otherwise,

11  in order to determine what dealers, or other persons charged

12  with the duty to report or pay a tax under this chapter, are

13  importing or are otherwise shipping in articles or tangible

14  personal property which are liable for said tax.  In the event

15  said transportation company, agency, or firm refuses to permit

16  such examination of its books, records, or other documents by

17  the department as aforesaid, it is guilty of a misdemeanor of

18  the first degree, punishable as provided in s. 775.082 or s.

19  775.083. If, however, any subsequent offense involves

20  intentional destruction of such records with an intent to

21  evade payment of or deprive the state of any tax revenues,

22  such subsequent offense shall be a felony of the third degree,

23  punishable as provided in s. 775.082 or s. 775.083. The

24  department shall have the right to proceed in any chancery

25  court to seek a mandatory injunction or other appropriate

26  remedy to enforce its right against the offender, as granted

27  by this section, to require an examination of the books and

28  records of such transportation company or carrier.

29         (b)  Each freight forwarder operating in this state

30  shall provide a warehouse receipt for any tangible personal

31  property received from any person for the purpose of

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  1  transporting such property outside this state by air or water.

  2  The warehouse receipt shall be provided to the person who

  3  engages the freight forwarder to arrange such transportation

  4  at the time the tangible personal property is delivered to the

  5  freight forwarder. The warehouse receipt shall contain the

  6  name, address, and telephone number of the freight forwarder,

  7  a preprinted warehouse receipt number, the date the property

  8  was delivered to the freight forwarder, and a brief

  9  description of the tangible personal property. Within 2 weeks

10  after the date the freight forwarder receives the airway bill

11  or bill of lading from the transportation company with whom

12  the freight forwarder has contracted to transport the tangible

13  personal property, the freight forwarder shall mail or deliver

14  the airway bill or bill of lading to the person for whom the

15  freight forwarder arranged transportation of the tangible

16  personal property. The warehouse receipt and airway bill or

17  bill of lading shall constitute evidence that the tangible

18  personal property was sold in a sale for export under s.

19  212.06(5)(a). A freight forwarder shall maintain a copy of

20  each such warehouse receipt, airway bill, and bill of lading

21  in its own records for a period of 3 years. Any freight

22  forwarder who fails to provide the documentation required by

23  this paragraph to a person who arranges air or water

24  transportation of tangible personal property through the

25  freight forwarder or who fails to maintain such required

26  documentation in its records as provided in this paragraph

27  commits a misdemeanor of the second degree, punishable as

28  provided in s. 775.082 or s. 775.083.

29         Section 2.  Subsection (3) of section 288.012, Florida

30  Statutes, is amended to read:

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  1         288.012  State of Florida foreign offices.--The

  2  Legislature finds that the expansion of international trade

  3  and tourism is vital to the overall health and growth of the

  4  economy of this state. This expansion is hampered by the lack

  5  of technical and business assistance, financial assistance,

  6  and information services for businesses in this state. The

  7  Legislature finds that these businesses could be assisted by

  8  providing these services at State of Florida foreign offices.

  9  The Legislature further finds that the accessibility and

10  provision of services at these offices can be enhanced through

11  cooperative agreements or strategic alliances between state

12  entities, local entities, foreign entities, and private

13  businesses.

14         (3)  By December October 1 of each year, each foreign

15  office shall submit to the Office of Tourism, Trade, and

16  Economic Development a complete and detailed report on its

17  activities and accomplishments during the preceding fiscal

18  year. The reports must be compiled and submitted to the Office

19  of Tourism, Trade, and Economic Development on behalf of the

20  foreign offices by Enterprise Florida, Inc., as part of the

21  annual report of Enterprise Florida, Inc., required under s.

22  288.906. In a format provided by Enterprise Florida, Inc., the

23  report must set forth information on:

24         (a)  The number of Florida companies assisted.

25         (b)  The number of inquiries received about investment

26  opportunities in this state.

27         (c)  The number of trade leads generated.

28         (d)  The number of investment projects announced.

29         (e)  The estimated U.S. dollar value of sales

30  confirmations.

31         (f)  The number of representation agreements.

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  1         (g)  The number of company consultations.

  2         (h)  Barriers or other issues affecting the effective

  3  operation of the office.

  4         (i)  Changes in office operations which are planned for

  5  the current fiscal year.

  6         (j)  Marketing activities conducted.

  7         (k)  Strategic alliances formed with organizations in

  8  the country in which the office is located.

  9         (l)  Activities conducted with other Florida foreign

10  offices.

11         (m)  Any other information that the office believes

12  would contribute to an understanding of its activities.

13         Section 3.  Paragraphs (a) and (c) of subsection (3) of

14  section 288.095, Florida Statutes, are amended to read:

15         288.095  Economic Development Trust Fund.--

16         (3)(a)  The Office of Tourism, Trade, and Economic

17  Development may approve applications for certification

18  pursuant to ss. 288.1045(3) and 288.106. However, the total

19  state share of tax refund payments scheduled in all active

20  certifications for fiscal year 2000-2001 shall not exceed $24

21  million. The state share of tax refund payments scheduled in

22  all active certifications for fiscal year 2001-2002 may and

23  each subsequent year shall not exceed $30 million. The total

24  for each subsequent fiscal year may not exceed $35 million.

25         (c)  By December 31 September 30 of each year,

26  Enterprise Florida, Inc., the Office of Tourism, Trade, and

27  Economic Development shall submit a complete and detailed

28  report to the Governor, the President of the Senate, the

29  Speaker of the House of Representatives, and the Office of

30  Tourism, Trade, and Economic Development board of directors of

31  Enterprise Florida, Inc., created under part VII of this

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  1  chapter, of all applications received, recommendations made to

  2  the Office of Tourism, Trade, and Economic Development, final

  3  decisions issued, tax refund agreements executed, and tax

  4  refunds paid or other payments made under all programs funded

  5  out of the Economic Development Incentives Account, including

  6  analyses of benefits and costs, types of projects supported,

  7  and employment and investment created. Enterprise Florida,

  8  Inc., The Office of Tourism, Trade, and Economic Development

  9  shall also include a separate analysis of the impact of such

10  tax refunds on state enterprise zones designated pursuant to

11  s. 290.0065, rural communities, brownfield areas, and

12  distressed urban communities. By December 1 of each year, the

13  board of directors of Enterprise Florida, Inc., shall review

14  and comment on the report, and the board shall submit the

15  report, together with the comments of the board, to the

16  Governor, the President of the Senate, and the Speaker of the

17  House of Representatives. The report must discuss whether the

18  authority and moneys appropriated by the Legislature to the

19  Economic Development Incentives Account were managed and

20  expended in a prudent, fiducially sound manner. The Office of

21  Tourism, Trade, and Economic Development shall assist

22  Enterprise Florida, Inc. in the collection of data related to

23  business performance and incentive payments.

24         Section 4.  Paragraphs (a) and (d) of subsection (3),

25  paragraphs (a) and (c) of subsection (4), and subsections (5)

26  and (6) of section 288.106, Florida Statutes, are amended to

27  read:

28         288.106  Tax refund program for qualified target

29  industry businesses.--

30         (3)  APPLICATION AND APPROVAL PROCESS.--

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

  2  industry business under this section, the business must file

  3  an application with the office before the business has made

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

  5  the business had made the decision to expand an existing

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

  7  not limited to, the following information:

  8         1.  The applicant's federal employer identification

  9  number and the applicant's state sales tax registration

10  number.

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

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

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

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

15  for all activities included in the project.

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

17  jobs at the qualified target industry business as of December

18  31 of each year included in this state that are or will be

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

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

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

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

23  business activity or product.

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

25  currently employed at the business unit, and if the business

26  unit is a member of a larger group of affiliated businesses,

27  an estimate of the total number of employees of these

28  affiliated businesses by the applicant in this state.

29         6.  The anticipated commencement date of the project.

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

  2  refunds requested will play in the decision of the applicant

  3  to locate or expand in this state.

  4         8.  An estimate of the proportion of the sales

  5  resulting from the project that will be made outside this

  6  state.

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

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

  9  which resolution recommends that certain types of businesses

10  be approved as a qualified target industry business and states

11  that the commitments of local financial support necessary for

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

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

14  letter from an authorized local economic development agency

15  that endorses the proposed target industry project and pledges

16  that sources of local financial support for such project

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

18  support under this subsection, the authorized local economic

19  development agency shall be officially designated by the

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

21  authority.

22         10.  Any additional information requested by the

23  office.

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

25  evaluation concerning each application meeting the

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

27  calendar days after receipt of a complete application. The

28  office shall notify each target industry business when its

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

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

31  office shall specifically address each of the factors

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

  2  assessment with respect to the minimum requirements

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

  4  report projections of the tax refunds the business would be

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

  6  target industry business in each fiscal year based on the

  7  creation and maintenance of the net new Florida jobs specified

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

  9  fiscal year information submitted in the application.

10         (4)  TAX REFUND AGREEMENT.--

11         (a)  Each qualified target industry business must enter

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

13  minimum:

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

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

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

17  measuring the achievement of these terms during the pendency

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

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

20  information must be the same as the information contained in

21  the application submitted by the business under subsection

22  (3).

23         2.  The maximum amount of tax refunds which the

24  qualified target industry business is eligible to receive on

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

26  qualified target industry business is eligible to receive in

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

28  schedule specified in subparagraph 1.

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

30  and personnel records of the qualified target industry

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  1  business to ascertain whether that business is in compliance

  2  with this section.

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

  4  qualified target industry business may file a an annual claim

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

  6  in the following fiscal year.

  7         5.  That local financial support will be annually

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

  9  not enter into a written agreement with a qualified target

10  industry business if the local financial support resolution is

11  not passed by the local governing authority within 90 days

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

13  subsection (3).

14         (c)  The agreement must be signed by the director and

15  by an authorized officer of the qualified target industry

16  business within 120 days after the issuance of the letter of

17  certification under subsection (3), but not before passage and

18  receipt of the resolution of local financial support. The

19  office may grant an extension of this period at the written

20  request of the qualified target industry business.

21         (5)  ANNUAL CLAIM FOR REFUND.--

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

23  a qualified target industry business that has entered into a

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

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

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

27  appropriation for the fiscal year which begins on July 1

28  following the January 31 claims submission date. The office

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

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

31  specified in that agreement.

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

  2  industry business must include a copy of all receipts

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

  4  sought and data related to achievement of each performance

  5  item specified in the tax refund agreement. The amount

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

  7  for the relevant that fiscal year in that agreement.

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

  9  target industry business unless the required local financial

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

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

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

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

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

15  financial support received. Further, funding from local

16  sources includes any tax abatement granted to that business

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

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

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

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

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

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

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

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

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

26  when such support is paid to the account.

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

28  shall be approved for a qualified target industry business

29  provided all other applicable requirements have been satisfied

30  and the business proves to the satisfaction of the director

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

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  1  employment and that the average wage paid by the business is

  2  at least 90 percent of the average wage specified in the tax

  3  refund agreement, but in no case less than 115 percent of the

  4  average private-sector wage in the area available at the time

  5  of the claim, or 150 percent or 200 percent of the average

  6  private-sector wage if the business requested the additional

  7  per job tax refund authorized in (2)(b) for wages above those

  8  levels. The prorated tax refund shall be calculated by

  9  multiplying the tax refund amount for which the qualified

10  target industry business would have been eligible, if all

11  applicable requirements had been satisfied, by the percentage

12  of the average employment specified in the tax refund

13  agreement which was achieved, and by the percentage of the

14  average wages specified in the tax refund agreement which was

15  achieved.

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

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

18  Agency for Workforce Innovation Department of Labor and

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

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

21  final order the approval or disapproval of the tax refund

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

23  authorized to be paid to for the qualified target industry

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

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

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

27  request of the qualified target industry business for the

28  purpose of filing additional information in support of the

29  claim.

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

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

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

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

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

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

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

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

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

10  warrant for a refund to the qualified target industry business

11  until the conclusion of all appeals of that order.

12         (6)  ADMINISTRATION.--

13         (a)  The office is authorized to verify information

14  provided in any claim submitted for tax credits under this

15  section with regard to employment and wage levels or the

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

17  including the Department of Revenue, the Agency for Workforce

18  Innovation Department of Labor and Employment Security, or any

19  local government or authority.

20         (b)  To facilitate the process of monitoring and

21  auditing applications made under this program, the office may

22  provide a list of qualified target industry businesses to the

23  Department of Revenue, to the Agency for Workforce Innovation

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

25  government or authority. The office may request the assistance

26  of those entities with respect to monitoring jobs and wages

27  and the payment of the taxes listed in subsection (2).

28         Section 5.  Subsection (8) of section 288.90151,

29  Florida Statutes, is amended to read:

30         288.90151  Return on investment from activities of

31  Enterprise Florida, Inc.--

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  1         (8)  Enterprise Florida, Inc., in consultation with the

  2  Office of Program Policy Analysis and Government

  3  Accountability, shall hire a private accounting firm or an

  4  economic analysis firm to develop the methodology for

  5  establishing and reporting return-on-investment and in-kind

  6  contributions as described in this section and a survey firm

  7  to develop, analyze, and report on the results of the

  8  customer-satisfaction survey.  The Office of Program Policy

  9  Analysis and Government Accountability shall review and offer

10  feedback on the methodology before it is implemented.  The

11  firms used to satisfy the requirements of this subsection

12  private accounting firm shall certify whether the applicable

13  statements in the annual report comply with this subsection.

14         Section 6.  Subsection (2) of section 288.905, Florida

15  Statutes, is amended to read:

16         288.905  Duties of the board of directors of Enterprise

17  Florida, Inc.--

18         (2)  The board of directors shall, in conjunction with

19  the Office of Tourism, Trade, and Economic Development, the

20  Office of Urban Opportunities, and local and regional economic

21  development partners, develop a strategic plan for economic

22  development for the State of Florida. Such plan shall be

23  submitted to the Governor, the President of the Senate, the

24  Speaker of the House of Representatives, the Senate Minority

25  Leader, and the House Minority Leader and shall be updated or

26  modified before January 31 1 of each year.  The plan must be

27  approved by the board of directors prior to submission to the

28  Governor and Legislature.

29         Section 7.  Paragraph (a) of subsection (2) of section

30  288.980, Florida Statutes, is amended to read:

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  1         288.980  Military base retention; legislative intent;

  2  grants program.--

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

  4  Development is authorized to award grants from any funds

  5  specifically appropriated available to it to support

  6  activities related to the retention of military installations

  7  potentially affected by federal base closure or realignment.

  8         Section 8.  Sections 9 through 11 of this act may be

  9  cited as the "New Product Transfer Enhancement Act."

10         Section 9.  Section 288.907, Florida Statutes, is

11  created to read:

12         288.907  Licensing of products or technologies by donor

13  companies to receiving companies; tax credits.--

14         (1)  The purpose of this section is to promote economic

15  growth by providing an incentive for corporations which have

16  developed or patented products or technologies they do not

17  wish to develop further to license those items to companies

18  located in Florida for production and marketing.

19         (2)  As used in this section:

20         (a)  "Annual statement of corporate tax credit" means

21  the statement produced by Enterprise Florida, Inc., for each

22  donor company listing the total amount of credit available to

23  the donor company for all of the product development

24  agreements it has entered into. This statement shall also

25  include any additional information specified in the product

26  development agreement.

27         (b)  "Annual statement of fees due" means the statement

28  submitted by the receiving company to Enterprise Florida,

29  Inc., and the Department of Revenue each year, which lists the

30  amount of fees and royalties owed by it under the product

31  development agreement to the donor company for the preceding

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  1  calendar year. This statement shall contain any additional

  2  information specified in the product development agreement.

  3         (c)  "Donor company" means an entity subject to the tax

  4  imposed by chapter 220 which has developed or holds the patent

  5  for a product or technology that it does not wish to develop

  6  itself and which has entered into a product development

  7  agreement.

  8         (d)  "Product development agreement" means a contract

  9  or series of contracts which provides the receiving company

10  with the right to produce and market a product or technology

11  which was developed or patented by the donor company.

12         (e)  "Receiving company" means a business operating in

13  Florida which has entered into a product development agreement

14  for the purpose of obtaining the right to produce and market a

15  product or technology from a donor company.

16         (3)  Enterprise Florida, Inc., shall actively seek out

17  corporations which may be interested in becoming donor

18  companies and Florida businesses which may be interested in

19  becoming receiving companies and attempt to facilitate the

20  formation of product development agreements.

21         (4)  To qualify under this section, a product

22  development agreement shall specify that a minimum of 75

23  percent of the jobs created by the production of the new

24  product or technology shall be located in Florida. In

25  addition, the agreement shall specify the amount of

26  compensation to be remitted by the receiving company for the

27  license. The agreement shall further provide for submission by

28  the receiving company of an annual statement of fees due to

29  both Enterprise Florida, Inc., and the Department of Revenue

30  and specify the information to be included in the statement.

31

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  1         (5)  Each receiving company shall submit an annual

  2  statement of fees due to Enterprise Florida, Inc., and the

  3  Department of Revenue by February 1 each year, in a format

  4  approved by Enterprise Florida, Inc. Enterprise Florida, Inc.,

  5  shall be responsible for producing an annual statement of

  6  corporate tax credit for each donor company using the

  7  information contained in the statements. The corporate tax

  8  credit for each donor company shall equal 94.5 percent of the

  9  total of the amounts specified in the annual statements of

10  fees due from all receiving companies with which it has

11  entered a product development agreement. In any year the total

12  amount of credits granted under all annual statements of

13  corporate tax credit shall not exceed 94.5 percent of the

14  amount due to the state under all annual statements of fees

15  due.

16         (6)  Enterprise Florida, Inc., shall send the annual

17  statement of corporate tax credit to each donor company by

18  March 1 each year. These statements shall contain the

19  information specified by the product development agreement.

20  Enterprise Florida, Inc., shall also submit to the Department

21  of Revenue a statement, in a format approved by the

22  department, which specifies the amount of tax credit due to

23  each donor company and the identities of the receiving

24  companies from which those credits originated.

25         Section 10.  Section 220.115, Florida Statutes, is

26  created to read:

27         220.115  Fees due from receiving companies pursuant to

28  s. 288.907.--In addition to the tax imposed by this chapter,

29  any company that has entered into a product development

30  agreement pursuant to s. 288.907 as a receiving company shall

31  remit to the state the funds listed as due on the annual

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  1  statement of fees due which the company has submitted to both

  2  Enterprise Florida, Inc., and the Department of Revenue. Even

  3  if no tax is due under this chapter and a return would not

  4  normally be required, a Florida corporate income tax return

  5  shall be filed by the receiving company, and the funds listed

  6  on the annual statement of fees due shall be remitted to the

  7  department, subject to all filing requirements, fines, and

  8  penalties specified for returns and taxes due under this

  9  chapter. The Department of Revenue may adopt rules requiring

10  the information that it considers necessary to ensure that the

11  funds due under this section are properly reported and paid,

12  including, but not limited to, rules relating to the methods,

13  forms (including the filing of returns by the receiving

14  companies), deadlines, and penalties for providing the

15  information required under this section.

16         Section 11.  Section 220.1825, Florida Statutes, is

17  created to read:

18         220.1825  Credit for donor companies pursuant to s.

19  288.907.--A credit against the tax imposed by this chapter

20  shall be allowed to a donor company that has entered into a

21  product development agreement pursuant to s. 288.907, which

22  credit shall be limited to 94.5 percent of the amount stated

23  in the annual statement of corporate tax credit provided to

24  the company by Enterprise Florida, Inc. If any credit granted

25  under this section is not fully used in the first year for

26  which it becomes available, the unused amount may be carried

27  forward for a period not to exceed 5 years. The Department of

28  Revenue may adopt rules relating to the method of reporting

29  and claiming this credit.

30         Section 12.  Subsection (8) of section 220.02, Florida

31  Statutes, is amended to read:

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  1         220.02  Legislative intent.--

  2         (8)  It is the intent of the Legislature that credits

  3  against either the corporate income tax or the franchise tax

  4  be applied in the following order: those enumerated in s.

  5  631.828, those enumerated in s. 220.191, those enumerated in

  6  s. 220.181, those enumerated in s. 220.183, those enumerated

  7  in s. 220.182, those enumerated in s. 220.1895, those

  8  enumerated in s. 221.02, those enumerated in s. 220.184, those

  9  enumerated in s. 220.186, those enumerated in s. 220.1845,

10  those enumerated in s. 220.19, and those enumerated in s.

11  220.185, and those enumerated in s. 220.1825.

12         Section 13.  Except for sections 1, 8, 9, 10, 11, and

13  12 of this act, which shall take effect January 1, 2002, this

14  act shall take effect July 1, 2001.

15

16          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
17                            CS/SB 2008

18

19  Revises the due date and content for an annual report on
    incentives and re-assigns responsibility for the report to
20  Enterprise, Florida, Inc.

21  Provides authority for OTTED to grant an extension of time to
    sign a tax refund agreement based on a written request from a
22  qualified target industry business.

23  Expands conditions under which a prorated tax refund shall be
    approved and specifies a method for calculating the prorated
24  refund.

25  Provides for certain record keeping by freight forwarders to
    ensure necessary dealer documentation of transactions.
26
    Creates the "New Product Transfer Enhancement Act,"which will
27  provide a mechanism for a company that has developed or holds
    patents to technologies or products to license those products
28  or technologies to another company operating in Florida.

29

30

31

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