Senate Bill sb2414c1

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    Florida Senate - 2002                           CS for SB 2414

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




    310-2229-02

  1                      A bill to be entitled

  2         An act relating to economic stimulus; amending

  3         s. 220.191, F.S.; establishing, for a temporary

  4         period, eligibility conditions for a new type

  5         of qualifying project under the capital

  6         investment tax credit program; providing

  7         deadlines for certification of businesses and

  8         commencement of project construction under such

  9         program; revising requirements relating to

10         minimum capital investment; prescribing tax

11         credit limitations; amending s. 288.095, F.S.;

12         revising terminology relating to certain

13         incentive payment schedules; revising the due

14         date and content for an annual report on

15         incentives and reassigning responsibility for

16         such report to Enterprise Florida, Inc.;

17         amending s. 288.1045, F.S.; expanding the tax

18         refund program for qualified defense

19         contractors to include qualified

20         aviation-industry businesses; revising

21         definitions; defining "aviation-industry

22         business"; providing that qualified

23         aviation-industry businesses may seek refunds

24         for aviation fuel taxes paid; revising and

25         conforming procedures for applying for

26         certification under the tax refund program;

27         prescribing information required in

28         applications by aviation-industry businesses;

29         prescribing criteria to be used by the Office

30         of Tourism, Trade, and Economic Development in

31         reviewing applications by aviation-industry

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    Florida Senate - 2002                           CS for SB 2414
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  1         businesses; revising the required elements of a

  2         tax refund agreement; providing an exemption

  3         from mandatory loss of tax refund eligibility

  4         and decertification resulting from agreement

  5         breach in cases of uncontrollable economic

  6         factors or specific acts of terrorism;

  7         prescribing a deadline for applying for tax

  8         refunds; revising conditions and procedures

  9         governing applications for tax refunds;

10         revising provisions relating to the order

11         authorizing a tax refund; authorizing the

12         office to grant extensions to certain

13         application and notification deadlines;

14         revising conditions under which a prorated tax

15         refund will be approved; providing for

16         calculation of such prorated refund; specifying

17         that the section does not create a presumption

18         a claim will be approved and paid; revising the

19         agencies with which the office may verify

20         information and to which the office may provide

21         information; expanding purposes for which the

22         office may seek assistance from certain

23         entities; specifying that certain

24         appropriations may not be used for any purpose

25         other than the payment of specified tax

26         refunds; amending s. 288.106, F.S., relating to

27         the tax refund program for qualified target

28         industry businesses; consolidating definitions;

29         revising requirements for application for

30         certification as such business with respect to

31         the number of current and new jobs at the

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    Florida Senate - 2002                           CS for SB 2414
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  1         business and projections by the Office of

  2         Tourism, Trade, and Economic Development of

  3         refunds based thereon; revising requirements

  4         relating to the tax refund agreement with

  5         respect to job creation and the time for filing

  6         of claims for refund; providing for an

  7         exemption from mandatory loss of tax refund

  8         eligibility and decertification resulting from

  9         agreement breach in cases of uncontrollable

10         economic factors or specific acts of terrorism;

11         revising provisions relating to annual claims

12         for refund; authorizing an extension of time

13         for signing the tax refund agreement; providing

14         an application deadline; revising provisions

15         relating to the order authorizing a tax refund;

16         revising conditions under which a prorated tax

17         refund will be approved; providing for

18         calculation of such prorated tax refund;

19         specifying that the section does not create a

20         presumption that a claim will be approved and

21         paid; revising the agencies with which the

22         office may verify information and to which the

23         office may provide information; expanding

24         purposes for which the office may seek

25         assistance from certain entities; specifying

26         that certain appropriations may not be used for

27         any purpose other than the payment of specified

28         tax refunds; amending s. 14.2015, F.S.;

29         revising duties of the Office of Tourism,

30         Trade, and Economic Development with respect to

31         tax-refund programs; conforming provisions to

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    Florida Senate - 2002                           CS for SB 2414
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  1         changes made by the act; amending s. 213.053,

  2         F.S.; authorizing the Department of Revenue to

  3         share certain information concerning specified

  4         tax-refund programs with the Office of Tourism,

  5         Trade, and Economic Development; providing

  6         legislative findings relating to the impact of

  7         economic downturns on small businesses;

  8         directing Enterprise Florida, Inc., to provide

  9         for the establishment of a Small Business

10         Crisis Management Team; prescribing the

11         membership and purposes of such team; requiring

12         participation of designated agencies or

13         organizations; defining the term "small

14         business"; providing a short title; amending s.

15         443.111, F.S.; defining terms; creating a

16         self-employment-assistance program within the

17         Agency for Workforce Innovation; providing

18         eligibility requirements; authorizing payment

19         of self-employment-assistance allowance in lieu

20         of regular unemployment compensation to

21         eligible individuals; requiring participants to

22         attend certain training and counseling

23         programs; requiring participants to engage in

24         activities related to establishing a business

25         and becoming self-employed; exempting

26         participants from certain requirements

27         applicable for regular benefits; providing

28         disqualification requirements; specifying

29         payment and financing of allowances; requiring

30         establishment of an eligibility-assessment

31         system; providing for training and counseling

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    Florida Senate - 2002                           CS for SB 2414
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  1         programs; providing participation limits;

  2         providing for rules; requiring a report;

  3         providing for resolution of conflict with

  4         federal requirements; providing for expiration;

  5         creating s. 445.053, F.S.; defining terms;

  6         requiring the Agency for Workforce Innovation

  7         to establish a Self-Employment-Assistance Loan

  8         Program; providing for business start-up loans

  9         to eligible borrowers; providing for contracts

10         with qualified entities to make loans; limiting

11         the use of loan repayments; providing for

12         extension of certain counseling programs;

13         providing for the selection of qualified

14         entities; providing for expiration; amending s.

15         624.5091, F.S.; revising provisions governing

16         determination of retaliatory taxes on certain

17         insurers; amending s. 187.101, F.S.; providing

18         legislative intent relating to the State

19         Comprehensive Plan; amending s. 288.901, F.S.;

20         expanding the membership of the board of

21         directors of Enterprise Florida, Inc., to

22         include certain economic-development or

23         community-development representatives; amending

24         s. 288.9015, F.S.; revising duties of

25         Enterprise Florida, Inc., relating to economic

26         development in certain communities; providing

27         legislative findings and intent regarding

28         economically distressed communities;

29         prescribing duties and activities of Enterprise

30         Florida, Inc., relating to economically

31         distressed communities; requiring information

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    Florida Senate - 2002                           CS for SB 2414
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  1         concerning such duties and activities to be

  2         included in the annual report of Enterprise

  3         Florida, Inc.; providing an appropriation;

  4         providing effective dates.

  5

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

  7

  8         Section 1.  Section 220.191, Florida Statutes, is

  9  amended to read:

10         220.191  Capital investment tax credit.--

11         (1)  DEFINITIONS.--For purposes of this section:

12         (a)  "Commencement of operations" means the beginning

13  of active operations by a qualifying business or qualifying

14  economic stimulus business of the principal function for which

15  a qualifying project was constructed.

16         (b)  "Cumulative capital investment" means the total

17  capital investment in land, buildings, and equipment made in

18  connection with a qualifying project or qualifying economic

19  stimulus project during the period from the beginning of

20  construction of the project to the commencement of operations.

21         (c)  "Eligible capital costs" means all expenses

22  incurred by a qualifying business or qualifying economic

23  stimulus business in connection with the acquisition,

24  construction, installation, and equipping of a qualifying

25  project or qualifying economic stimulus project during the

26  period from the beginning of construction of the project to

27  the commencement of operations, including, but not limited to:

28         1.  The costs of acquiring, constructing, installing,

29  equipping, and financing a qualifying project or qualifying

30  economic stimulus project, including all obligations incurred

31

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    Florida Senate - 2002                           CS for SB 2414
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  1  for labor and obligations to contractors, subcontractors,

  2  builders, and materialmen.

  3         2.  The costs of acquiring land or rights to land and

  4  any cost incidental thereto, including recording fees.

  5         3.  The costs of architectural and engineering

  6  services, including test borings, surveys, estimates, plans

  7  and specifications, preliminary investigations, environmental

  8  mitigation, and supervision of construction, as well as the

  9  performance of all duties required by or consequent to the

10  acquisition, construction, installation, and equipping of a

11  qualifying project or qualifying economic stimulus project.

12         4.  The costs associated with the installation of

13  fixtures and equipment; surveys, including archaeological and

14  environmental surveys; site tests and inspections; subsurface

15  site work and excavation; removal of structures, roadways, and

16  other surface obstructions; filling, grading, paving, and

17  provisions for drainage, storm water retention, and

18  installation of utilities, including water, sewer, sewage

19  treatment, gas, electricity, communications, and similar

20  facilities; and offsite construction of utility extensions to

21  the boundaries of the property.

22

23  Eligible capital costs shall not include the cost of any

24  property previously owned or leased by the qualifying business

25  or qualifying economic stimulus business.

26         (d)  "Income generated by or arising out of the

27  qualifying project or qualifying economic stimulus project"

28  means the qualifying project's or qualifying economic stimulus

29  project's annual taxable income as determined by generally

30  accepted accounting principles and under s. 220.13.

31

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    Florida Senate - 2002                           CS for SB 2414
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  1         (e)  "Jobs" means full-time equivalent positions, as

  2  such term is consistent with terms used by the Agency for

  3  Workforce Innovation Department of Labor and Employment

  4  Security and the United States Department of Labor for

  5  purposes of unemployment tax administration and employment

  6  estimation, resulting directly from a qualifying project or

  7  qualifying economic stimulus project in this state.  Such term

  8  does not include temporary construction jobs involved in the

  9  construction of the project facility.

10         (f)  "Office" means the Office of Tourism, Trade, and

11  Economic Development.

12         (g)  "Qualifying business" means a business which

13  establishes a qualifying project in this state and which is

14  certified by the office to receive tax credits under pursuant

15  to this section.

16         (h)  "Qualifying project" means a new or expanding

17  facility in this state which creates at least 100 new jobs in

18  this state and is in one of the high-impact sectors identified

19  by Enterprise Florida, Inc., and certified by the office under

20  pursuant to s. 288.108(6), including, but not limited to,

21  aviation, aerospace, automotive, and silicon technology

22  industries.

23         (i)  "Qualifying economic stimulus business" means a

24  business that establishes a qualifying economic stimulus

25  project in this state and that is certified by the office, on

26  or before December 31, 2002, to receive tax credits under this

27  section.

28         (j)  "Qualifying economic stimulus project" means a new

29  or expanding facility in this state which creates at least 50

30  new jobs in this state and would be eligible for consideration

31  as a qualified target industry business under s. 288.106.

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    Florida Senate - 2002                           CS for SB 2414
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  1  Construction on a qualifying economic stimulus project must

  2  begin after January 1, 2002, but on or before July 31, 2003.

  3         (2)  An annual credit against the tax imposed by this

  4  chapter shall be granted to any qualifying business or

  5  qualifying economic stimulus business in an amount equal to 5

  6  percent of the eligible capital costs generated by a

  7  qualifying project or qualifying economic stimulus project,

  8  for a period not to exceed 20 years beginning with the

  9  commencement of operations of the project. The tax credit

10  shall be granted against only the corporate income tax

11  liability or the premium tax liability generated by or arising

12  out of the qualifying project or qualifying economic stimulus

13  project, and the sum of all tax credits provided under

14  pursuant to this section shall not exceed 100 percent of the

15  eligible capital costs of the project. In no event may any

16  credit granted under this section be carried forward or

17  backward by any qualifying business or qualifying economic

18  stimulus business with respect to a subsequent or prior year.

19         (a)  The annual tax credit granted under this section

20  shall not exceed the following percentages of the annual

21  corporate income tax liability or the premium tax liability

22  generated by or arising out of a qualifying project:

23         1.(a)  One hundred percent for a qualifying project

24  which results in a cumulative capital investment of at least

25  $100 million.

26         2.(b)  Seventy-five percent for a qualifying project

27  which results in a cumulative capital investment of at least

28  $50 million but less than $100 million.

29         3.(c)  Fifty percent for a qualifying project which

30  results in a cumulative capital investment of at least $25

31  million but less than $50 million.

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    Florida Senate - 2002                           CS for SB 2414
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  1         4.  Forty percent for a qualifying project on which

  2  construction has begun after January 1, 2002, but on or before

  3  July 31, 2003, and which results in a cumulative capital

  4  investment of at least $15 million but less than $25 million.

  5         (b)  The annual tax credit granted under this section

  6  shall not exceed the following percentages of the annual

  7  corporate income tax liability or the premium tax liability

  8  generated by or arising out of a qualifying economic stimulus

  9  project:

10         1.  Ninety percent if the qualifying economic stimulus

11  project results in a cumulative capital investment of at least

12  $100 million.

13         2.  Sixty-five percent if the qualifying economic

14  stimulus project results in a cumulative capital investment of

15  at least $50 million but less than $100 million.

16         3.  Forty percent if the qualifying economic stimulus

17  project results in a cumulative capital investment of at least

18  $25 million but less than $50 million.

19         4.  Thirty percent if the qualifying economic stimulus

20  project results in a cumulative capital investment of at least

21  $15 million but less than $25 million.

22

23  A qualifying project or qualifying economic stimulus project

24  which results in a cumulative capital investment of less than

25  $15 $25 million is not eligible for the capital investment tax

26  credit. An insurance company claiming a credit against premium

27  tax liability under this program shall not be required to pay

28  any additional retaliatory tax levied under pursuant to s.

29  624.5091 as a result of claiming such credit. Because credits

30  under this section are available to an insurance company, s.

31  624.5091 does not limit such credit in any manner.

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    Florida Senate - 2002                           CS for SB 2414
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  1         (3)  Before Prior to receiving tax credits under

  2  pursuant to this section, a qualifying business or qualifying

  3  economic stimulus business must achieve and maintain the

  4  minimum employment goals beginning with the commencement of

  5  operations at a qualifying project or qualifying economic

  6  stimulus project and continuing each year thereafter during

  7  which tax credits are available under pursuant to this

  8  section.

  9         (4)  The office, upon a recommendation by Enterprise

10  Florida, Inc., shall first certify a qualifying business or

11  qualifying economic stimulus business as eligible to receive

12  tax credits under pursuant to this section before prior to the

13  commencement of operations of a qualifying project or

14  qualifying economic stimulus project, and such certification

15  shall be transmitted to the Department of Revenue. Upon

16  receipt of the certification, the Department of Revenue shall

17  enter into a written agreement with the qualifying business or

18  qualifying economic stimulus business specifying, at a

19  minimum, the method by which income generated by or arising

20  out of the qualifying project or qualifying economic stimulus

21  project will be determined.

22         (5)  The office, in consultation with Enterprise

23  Florida, Inc., is authorized to develop the necessary

24  guidelines and application materials for the certification

25  process described in subsection (4).

26         (6)  It shall be the responsibility of the qualifying

27  business or qualifying economic stimulus business to

28  affirmatively demonstrate to the satisfaction of the

29  Department of Revenue that such business meets the job

30  creation and capital investment requirements of this section.

31

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    Florida Senate - 2002                           CS for SB 2414
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  1         (7)  The Department of Revenue may specify by rule the

  2  methods by which a qualifying project's or qualifying economic

  3  stimulus project's pro forma annual taxable income is

  4  determined.

  5         Section 2.  Paragraphs (b) and (c) of subsection (3) of

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

  7         288.095  Economic Development Trust Fund.--

  8         (3)

  9         (b)  The total amount of tax refund claims approved for

10  payment by the Office of Tourism, Trade, and Economic

11  Development based on actual project performance may not exceed

12  the amount appropriated to the Economic Development Incentives

13  Account for such purposes for the fiscal year. In the event

14  the Legislature does not appropriate an amount sufficient to

15  satisfy estimates projections by the office for tax refunds

16  under ss. 288.1045 and 288.106 in a fiscal year, the Office of

17  Tourism, Trade, and Economic Development shall, not later than

18  July 15 of such year, determine the proportion of each refund

19  claim which shall be paid by dividing the amount appropriated

20  for tax refunds for the fiscal year by the estimated projected

21  total of refund claims for the fiscal year. The amount of each

22  claim for a tax refund shall be multiplied by the resulting

23  quotient. If, after the payment of all such refund claims,

24  funds remain in the Economic Development Incentives Account

25  for tax refunds, the office shall recalculate the proportion

26  for each refund claim and adjust the amount of each claim

27  accordingly.

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

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

30  Economic Development shall submit a complete and detailed

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

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    Florida Senate - 2002                           CS for SB 2414
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  1  Speaker of the House of Representatives, and the director of

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

  3  of directors of Enterprise Florida, Inc., created under part

  4  VII of this chapter, of all applications received,

  5  recommendations made to the Office of Tourism, Trade, and

  6  Economic Development, final decisions issued, tax refund

  7  agreements executed, and tax refunds paid or other payments

  8  made under all programs funded out of the Economic Development

  9  Incentives Account, including analyses of benefits and costs,

10  types of projects supported, and employment and investment

11  created. Enterprise Florida, Inc., The Office of Tourism,

12  Trade, and Economic Development shall also include a separate

13  analysis of the impact of such tax refunds on state enterprise

14  zones designated pursuant to s. 290.0065, rural communities,

15  brownfield areas, and distressed urban communities. By

16  December 1 of each year, the board of directors of Enterprise

17  Florida, Inc., shall review and comment on the report, and the

18  board shall submit the report, together with the comments of

19  the board, to the Governor, the President of the Senate, and

20  the Speaker of the House of Representatives. The report must

21  discuss whether the authority and moneys appropriated by the

22  Legislature to the Economic Development Incentives Account

23  were managed and expended in a prudent, fiducially sound

24  manner. The Office of Tourism, Trade, and Economic Development

25  shall assist Enterprise Florida, Inc., in the collection of

26  data related to business performance and incentive payments.

27         Section 3.  Section 288.1045, Florida Statutes, is

28  amended to read:

29         288.1045  Qualified defense contractor Tax refund

30  program for qualified defense contractors and

31  aviation-industry businesses.--

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    Florida Senate - 2002                           CS for SB 2414
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  1         (1)  DEFINITIONS.--As used in this section:

  2         (a)  "Consolidation of a Department of Defense

  3  contract" means the consolidation of one or more of an

  4  applicant's facilities under one or more Department of Defense

  5  contracts either from outside this state or from inside and

  6  outside this state, into one or more of the applicant's

  7  facilities inside this state.

  8         (b)  "Average wage in the area" means the average of

  9  all wages and salaries in the state, the county, or in the

10  standard metropolitan area in which the business unit is

11  located.

12         (c)  "Applicant" means any business entity that holds a

13  valid Department of Defense contract, or any business entity

14  that is a subcontractor under a valid Department of Defense

15  contract, or any business entity that holds a valid contract

16  for the reuse of a defense-related facility, or any

17  aviation-industry business as defined in paragraph (r),

18  including all members of an affiliated group of corporations

19  as defined in s. 220.03(1)(b).

20         (d)  "Office" means the Office of Tourism, Trade, and

21  Economic Development.

22         (e)  "Department of Defense contract" means a

23  competitively bid Department of Defense contract or a

24  competitively bid federal agency contract issued on behalf of

25  the Department of Defense for manufacturing, assembling,

26  fabricating, research, development, or design with a duration

27  of 2 or more years, but excluding any contract to provide

28  goods, improvements to real or tangible property, or services

29  directly to or for any particular military base or

30  installation in this state.

31

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    Florida Senate - 2002                           CS for SB 2414
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  1         (f)  "New Department of Defense contract" means a

  2  Department of Defense contract entered into after the date

  3  application for certification as a qualified applicant is made

  4  and after January 1, 1994.

  5         (g)  "Jobs" means full-time equivalent positions,

  6  consistent with the use of such terms by the Agency for

  7  Workforce Innovation Department of Labor and Employment

  8  Security for the purpose of unemployment compensation tax,

  9  resulting directly from a project in this state. This number

10  does not include temporary construction jobs involved with the

11  construction of facilities for the project.

12         (h)  "Nondefense production jobs" means employment

13  exclusively for activities that, directly or indirectly, are

14  unrelated to the Department of Defense.

15         (i)  "Project" means any business undertaking in this

16  state under a new Department of Defense contract,

17  consolidation of a Department of Defense contract, or

18  conversion of defense production jobs over to nondefense

19  production jobs or reuse of defense-related facilities. The

20  term also means any business undertaking in this state by an

21  aviation-industry business which results in the retention or

22  creation of jobs in this state and which occurs through a new

23  multistate competitive aviation-industry contract;

24  consolidation of multistate operations; conversion of jobs in

25  aviation-industry operations to nonaviation-industry

26  operations; or expansion of aviation-industry operations,

27  which expansion results in an increase of at least 10 percent

28  in the number of jobs in this state at the business unit.

29         (j)  "Qualified applicant" means an applicant that has

30  been approved by the director to be eligible for tax refunds

31  pursuant to this section.

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    Florida Senate - 2002                           CS for SB 2414
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  1         (k)  "Director" means the director of the Office of

  2  Tourism, Trade, and Economic Development.

  3         (l)  "Taxable year" means the same as in s.

  4  220.03(1)(z).

  5         (m)  "Fiscal year" means the fiscal year of the state.

  6         (n)  "Business unit" means an employing unit, as

  7  defined in s. 443.036, that is registered with the Agency for

  8  Workforce Innovation Department of Labor and Employment

  9  Security for unemployment compensation purposes or means a

10  subcategory or division of an employing unit that is accepted

11  by the Agency for Workforce Innovation Department of Labor and

12  Employment Security as a reporting unit.

13         (o)  "Local financial support" means funding from local

14  sources, public or private, which is paid to the Economic

15  Development Trust Fund and which is equal to 20 percent of the

16  annual tax refund for a qualified applicant. Local financial

17  support may include excess payments made to a utility company

18  under a designated program to allow decreases in service by

19  the utility company under conditions, regardless of when

20  application is made. A qualified applicant may not provide,

21  directly or indirectly, more than 5 percent of such funding in

22  any fiscal year. The sources of such funding may not include,

23  directly or indirectly, state funds appropriated from the

24  General Revenue Fund or any state trust fund, excluding tax

25  revenues shared with local governments pursuant to law.

26         (p)  "Contract for reuse of a defense-related facility"

27  means a contract with a duration of 2 or more years for the

28  use of a facility for manufacturing, assembling, fabricating,

29  research, development, or design of tangible personal

30  property, but excluding any contract to provide goods,

31  improvements to real or tangible property, or services

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    Florida Senate - 2002                           CS for SB 2414
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  1  directly to or for any particular military base or

  2  installation in this state. Such facility must be located

  3  within a port, as defined in s. 313.21, and have been occupied

  4  by a business entity that held a valid Department of Defense

  5  contract or occupied by any branch of the Armed Forces of the

  6  United States, within 1 year of any contract being executed

  7  for the reuse of such facility. A contract for reuse of a

  8  defense-related facility may not include any contract for

  9  reuse of such facility for any Department of Defense contract

10  for manufacturing, assembling, fabricating, research,

11  development, or design.

12         (q)  "Local financial support exemption option" means

13  the option to exercise an exemption from the local financial

14  support requirement available to any applicant whose project

15  is located in a county designated by the Rural Economic

16  Development Initiative, if the county commissioners of the

17  county in which the project will be located adopt a resolution

18  requesting that the applicant's project be exempt from the

19  local financial support requirement. Any applicant that

20  exercises this option is not eligible for more than 80 percent

21  of the total tax refunds allowed such applicant under this

22  section.

23         (r)  "Aviation-industry business" means a business

24  engaged in activities that support general or commercial

25  aviation, including the construction, repair, or maintenance

26  of aircraft, aircraft power plants, aircraft parts, or

27  aircraft accessories. The term does not include a business

28  engaged in the provision of instruction in flying and related

29  ground subjects.

30         (2)  GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.--

31

                                  17

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  1         (a)  There shall be allowed, from the Economic

  2  Development Trust Fund, a refund to a qualified applicant for

  3  the amount of eligible taxes certified by the director which

  4  were paid by such qualified applicant. The total amount of

  5  refunds for all fiscal years for each qualified applicant

  6  shall be determined pursuant to subsection (3). The annual

  7  amount of a refund to a qualified applicant shall be

  8  determined pursuant to subsection (5).

  9         (b)  A qualified applicant may not be qualified for any

10  project to receive more than $5,000 times the number of jobs

11  provided in the tax refund agreement pursuant to subparagraph

12  (4)(a)1. A qualified applicant may not receive refunds of more

13  than 25 percent of the total tax refunds provided in the tax

14  refund agreement pursuant to subparagraph (4)(a)1. in any

15  fiscal year, provided that no qualified applicant may receive

16  more than $2.5 million in tax refunds pursuant to this section

17  in any fiscal year.

18         (c)  A qualified applicant may not receive more than

19  $7.5 million in tax refunds pursuant to this section in all

20  fiscal years.

21         (d)  Contingent upon an annual appropriation by the

22  Legislature, the director may approve not more in tax refunds

23  than the amount appropriated to the Economic Development Trust

24  Fund for tax refunds, for a fiscal year pursuant to subsection

25  (5) and s. 288.095.

26         (e)  For the first 6 months of each fiscal year, the

27  director shall set aside 30 percent of the amount appropriated

28  for refunds pursuant to this section by the Legislature to

29  provide tax refunds only to qualified applicants who employ

30  500 or fewer full-time employees in this state. Any

31  unencumbered funds remaining undisbursed from this set-aside

                                  18

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  1  at the end of the 6-month period may be used to provide tax

  2  refunds for any qualified applicants pursuant to this section.

  3         (f)  After entering into a tax refund agreement

  4  pursuant to subsection (4), a qualified applicant may receive

  5  refunds from the Economic Development Trust Fund for the

  6  following taxes due and paid by the qualified applicant

  7  beginning with the applicant's first taxable year that begins

  8  after entering into the agreement:

  9         1.  Taxes on sales, use, and other transactions paid

10  pursuant to chapter 212.

11         2.  Corporate income taxes paid pursuant to chapter

12  220.

13         3.  Intangible personal property taxes paid pursuant to

14  chapter 199.

15         4.  Emergency excise taxes paid pursuant to chapter

16  221.

17         5.  Excise taxes paid on documents pursuant to chapter

18  201.

19         6.  Ad valorem taxes paid, as defined in s.

20  220.03(1)(a) on June 1, 1996.

21         7.  Aviation fuel taxes paid pursuant to s. 206.9825 by

22  a qualified aviation-industry business.

23

24  However, a qualified applicant may not receive a tax refund

25  pursuant to this section for any amount of credit, refund, or

26  exemption granted such contractor or aviation-industry

27  business for any of such taxes. If a refund for such taxes is

28  provided by the office, which taxes are subsequently adjusted

29  by the application of any credit, refund, or exemption granted

30  to the qualified applicant other than that provided in this

31  section, the qualified applicant shall reimburse the Economic

                                  19

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  1  Development Trust Fund for the amount of such credit, refund,

  2  or exemption. A qualified applicant must notify and tender

  3  payment to the office within 20 days after receiving a credit,

  4  refund, or exemption, other than that provided in this

  5  section.

  6         (g)  Any qualified applicant who fraudulently claims

  7  this refund is liable for repayment of the refund to the

  8  Economic Development Trust Fund plus a mandatory penalty of

  9  200 percent of the tax refund which shall be deposited into

10  the General Revenue Fund. Any qualified applicant who

11  fraudulently claims this refund commits a felony of the third

12  degree, punishable as provided in s. 775.082, s. 775.083, or

13  s. 775.084.

14         (h)  Funds made available pursuant to this section may

15  not be expended in connection with the relocation of a

16  business from one community to another community in this state

17  unless the Office of Tourism, Trade, and Economic Development

18  determines that without such relocation the business will move

19  outside this state or determines that the business has a

20  compelling economic rationale for the relocation which creates

21  additional jobs.

22         (3)  APPLICATION PROCESS; REQUIREMENTS; AGENCY

23  DETERMINATION.--

24         (a)  To apply for certification as a qualified

25  applicant pursuant to this section, an applicant must file an

26  application with the office which satisfies the requirements

27  of paragraphs (b) and (e), paragraphs (c) and (e), or

28  paragraphs (d) and (e), or paragraphs (j) and (k). An

29  applicant may not apply for certification pursuant to this

30  section after a proposal has been submitted for a new

31  Department of Defense contract, after the applicant has made

                                  20

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  1  the decision to consolidate an existing Department of Defense

  2  contract in this state for which such applicant is seeking

  3  certification, or after the applicant has made the decision to

  4  convert defense production jobs to nondefense production jobs

  5  for which such applicant is seeking certification. In the case

  6  of an aviation-industry business, an applicant may not apply

  7  for certification after the business has submitted a final

  8  proposal or bid for a multistate competitive aviation-industry

  9  contract, made the decision to consolidate multistate

10  operations in this state, made the decision to convert jobs in

11  aviation-industry operations to nonaviation-industry

12  operations, or made the decision to expand aviation-industry

13  operations in this state.

14         (b)  Applications for certification based on the

15  consolidation of a Department of Defense contract or a new

16  Department of Defense contract must be submitted to the office

17  as prescribed by the office and must include, but are not

18  limited to, the following information:

19         1.  The applicant's federal employer identification

20  number, the applicant's Florida sales tax registration number,

21  and a notarized signature of an officer of the applicant.

22         2.  The permanent location of the manufacturing,

23  assembling, fabricating, research, development, or design

24  facility in this state at which the project is or is to be

25  located.

26         3.  The Department of Defense contract numbers of the

27  contract to be consolidated, the new Department of Defense

28  contract number, or the "RFP" number of a proposed Department

29  of Defense contract.

30

31

                                  21

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  1         4.  The date the contract was executed or is expected

  2  to be executed, and the date the contract is due to expire or

  3  is expected to expire.

  4         5.  The commencement date for project operations under

  5  the contract in this state.

  6         6.  The number of net new full-time equivalent Florida

  7  jobs included in this state which are or will be dedicated to

  8  the project as of December 31 of each during the year and the

  9  average wage of such jobs.

10         7.  The total number of full-time equivalent employees

11  employed by the applicant in this state.

12         8.  The percentage of the applicant's gross receipts

13  derived from Department of Defense contracts during the 5

14  taxable years immediately preceding the date the application

15  is submitted.

16         9.  The amount of:

17         a.  Taxes on sales, use, and other transactions paid

18  pursuant to chapter 212;

19         b.  Corporate income taxes paid pursuant to chapter

20  220;

21         c.  Intangible personal property taxes paid pursuant to

22  chapter 199;

23         d.  Emergency excise taxes paid pursuant to chapter

24  221;

25         e.  Excise taxes paid on documents pursuant to chapter

26  201; and

27         f.  Ad valorem taxes paid

28

29  during the 5 fiscal years immediately preceding the date of

30  the application, and the projected amounts of such taxes to be

31

                                  22

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  1  due in the 3 fiscal years immediately following the date of

  2  the application.

  3         10.  The estimated amount of tax refunds to be claimed

  4  for in each fiscal year.

  5         11.  A brief statement concerning the applicant's need

  6  for tax refunds, and the proposed uses of such refunds by the

  7  applicant.

  8         12.  A resolution adopted by the county commissioners

  9  of the county in which the project will be located, which

10  recommends the applicant be approved as a qualified applicant,

11  and which indicates that the necessary commitments of local

12  financial support for the applicant exist. Prior to the

13  adoption of the resolution, the county commission may review

14  the proposed public or private sources of such support and

15  determine whether the proposed sources of local financial

16  support can be provided or, for any applicant whose project is

17  located in a county designated by the Rural Economic

18  Development Initiative, a resolution adopted by the county

19  commissioners of such county requesting that the applicant's

20  project be exempt from the local financial support

21  requirement.

22         13.  Any additional information requested by the

23  office.

24         (c)  Applications for certification based on the

25  conversion of defense production jobs to nondefense production

26  jobs must be submitted to the office as prescribed by the

27  office and must include, but are not limited to, the following

28  information:

29         1.  The applicant's federal employer identification

30  number, the applicant's Florida sales tax registration number,

31  and a notarized signature of an officer of the applicant.

                                  23

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  1         2.  The permanent location of the manufacturing,

  2  assembling, fabricating, research, development, or design

  3  facility in this state at which the project is or is to be

  4  located.

  5         3.  The Department of Defense contract numbers of the

  6  contract under which the defense production jobs will be

  7  converted to nondefense production jobs.

  8         4.  The date the contract was executed, and the date

  9  the contract is due to expire or is expected to expire, or was

10  canceled.

11         5.  The commencement date for the nondefense production

12  operations in this state.

13         6.  The number of net new full-time equivalent Florida

14  jobs included in this state which are or will be dedicated to

15  the nondefense production project as of December 31 of each

16  during the year and the average wage of such jobs.

17         7.  The total number of full-time equivalent employees

18  employed by the applicant in this state.

19         8.  The percentage of the applicant's gross receipts

20  derived from Department of Defense contracts during the 5

21  taxable years immediately preceding the date the application

22  is submitted.

23         9.  The amount of:

24         a.  Taxes on sales, use, and other transactions paid

25  pursuant to chapter 212;

26         b.  Corporate income taxes paid pursuant to chapter

27  220;

28         c.  Intangible personal property taxes paid pursuant to

29  chapter 199;

30         d.  Emergency excise taxes paid pursuant to chapter

31  221;

                                  24

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  1         e.  Excise taxes paid on documents pursuant to chapter

  2  201; and

  3         f.  Ad valorem taxes paid

  4

  5  during the 5 fiscal years immediately preceding the date of

  6  the application, and the projected amounts of such taxes to be

  7  due in the 3 fiscal years immediately following the date of

  8  the application.

  9         10.  The estimated amount of tax refunds to be claimed

10  for in each fiscal year.

11         11.  A brief statement concerning the applicant's need

12  for tax refunds, and the proposed uses of such refunds by the

13  applicant.

14         12.  A resolution adopted by the county commissioners

15  of the county in which the project will be located, which

16  recommends the applicant be approved as a qualified applicant,

17  and which indicates that the necessary commitments of local

18  financial support for the applicant exist. Prior to the

19  adoption of the resolution, the county commission may review

20  the proposed public or private sources of such support and

21  determine whether the proposed sources of local financial

22  support can be provided or, for any applicant whose project is

23  located in a county designated by the Rural Economic

24  Development Initiative, a resolution adopted by the county

25  commissioners of such county requesting that the applicant's

26  project be exempt from the local financial support

27  requirement.

28         13.  Any additional information requested by the

29  office.

30         (d)  Applications for certification based on a contract

31  for reuse of a defense-related facility must be submitted to

                                  25

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  1  the office as prescribed by the office and must include, but

  2  are not limited to, the following information:

  3         1.  The applicant's Florida sales tax registration

  4  number and a notarized signature of an officer of the

  5  applicant.

  6         2.  The permanent location of the manufacturing,

  7  assembling, fabricating, research, development, or design

  8  facility in this state at which the project is or is to be

  9  located.

10         3.  The business entity holding a valid Department of

11  Defense contract or branch of the Armed Forces of the United

12  States that previously occupied the facility, and the date

13  such entity last occupied the facility.

14         4.  A copy of the contract to reuse the facility, or

15  such alternative proof as may be prescribed by the office that

16  the applicant is seeking to contract for the reuse of such

17  facility.

18         5.  The date the contract to reuse the facility was

19  executed or is expected to be executed, and the date the

20  contract is due to expire or is expected to expire.

21         6.  The commencement date for project operations under

22  the contract in this state.

23         7.  The number of net new full-time equivalent Florida

24  jobs included in this state which are or will be dedicated to

25  the project as of December 31 of each during the year and the

26  average wage of such jobs.

27         8.  The total number of full-time equivalent employees

28  employed by the applicant in this state.

29         9.  The amount of:

30         a.  Taxes on sales, use, and other transactions paid

31  pursuant to chapter 212.

                                  26

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  1         b.  Corporate income taxes paid pursuant to chapter

  2  220.

  3         c.  Intangible personal property taxes paid pursuant to

  4  chapter 199.

  5         d.  Emergency excise taxes paid pursuant to chapter

  6  221.

  7         e.  Excise taxes paid on documents pursuant to chapter

  8  201.

  9         f.  Ad valorem taxes paid during the 5 fiscal years

10  immediately preceding the date of the application, and the

11  projected amounts of such taxes to be due in the 3 fiscal

12  years immediately following the date of the application.

13         10.  The estimated amount of tax refunds to be claimed

14  for in each fiscal year.

15         11.  A brief statement concerning the applicant's need

16  for tax refunds, and the proposed uses of such refunds by the

17  applicant.

18         12.  A resolution adopted by the county commissioners

19  of the county in which the project will be located, which

20  recommends the applicant be approved as a qualified applicant,

21  and which indicates that the necessary commitments of local

22  financial support for the applicant exist. Prior to the

23  adoption of the resolution, the county commission may review

24  the proposed public or private sources of such support and

25  determine whether the proposed sources of local financial

26  support can be provided or, for any applicant whose project is

27  located in a county designated by the Rural Economic

28  Development Initiative, a resolution adopted by the county

29  commissioners of such county requesting that the applicant's

30  project be exempt from the local financial support

31  requirement.

                                  27

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  1         13.  Any additional information requested by the

  2  office.

  3         (e)  To qualify for review by the office, the

  4  application of an applicant under paragraph (b), paragraph

  5  (c), or paragraph (d) must, at a minimum, establish the

  6  following to the satisfaction of the office:

  7         1.  The jobs proposed to be provided under the

  8  application, pursuant to subparagraph (b)6. or subparagraph

  9  (c)6., must pay an estimated annual average wage equaling at

10  least 115 percent of the average wage in the area where the

11  project is to be located.

12         2.  The consolidation of a Department of Defense

13  contract must result in a net increase of at least 25 percent

14  in the number of jobs at the applicant's facilities in this

15  state or the addition of at least 80 jobs at the applicant's

16  facilities in this state.

17         3.  The conversion of defense production jobs to

18  nondefense production jobs must result in net increases in

19  nondefense employment at the applicant's facilities in this

20  state.

21         4.  The Department of Defense contract cannot allow the

22  business to include the costs of relocation or retooling in

23  its base as allowable costs under a cost-plus, or similar,

24  contract.

25         5.  A business unit of the applicant must have derived

26  not less than 70 percent of its gross receipts in this state

27  from Department of Defense contracts over the applicant's last

28  fiscal year, and must have derived not less than 80 percent of

29  its gross receipts in this state from Department of Defense

30  contracts over the 5 years preceding the date an application

31  is submitted pursuant to this section. This subparagraph does

                                  28

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  1  not apply to any application for certification based on a

  2  contract for reuse of a defense-related facility.

  3         6.  The reuse of a defense-related facility must result

  4  in the creation of at least 100 jobs at such facility.

  5         (f)  Each application meeting the requirements of

  6  paragraphs (b) and (e), paragraphs (c) and (e), or paragraphs

  7  (d) and (e), or paragraphs (j) and (k) must be submitted to

  8  the office for a determination of eligibility. The office

  9  shall review, evaluate, and score each application based on,

10  but not limited to, the following criteria:

11         1.  Expected contributions to the state strategic

12  economic development plan adopted by Enterprise Florida, Inc.,

13  taking into account the extent to which the project

14  contributes to the state's high-technology base, and the

15  long-term impact of the project and the applicant on the

16  state's economy.

17         2.  The economic benefit of the jobs created or

18  retained by the project in this state, taking into account the

19  cost and average wage of each job created or retained, and the

20  potential risk to existing jobs.

21         3.  The amount of capital investment to be made by the

22  applicant in this state.

23         4.  The local commitment and support for the project

24  and applicant.

25         5.  The impact of the project on the local community,

26  taking into account the unemployment rate for the county where

27  the project will be located.

28         6.  The dependence of the local community on the

29  defense industry.

30         7.  The impact of any tax refunds granted pursuant to

31  this section on the viability of the project and the

                                  29

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  1  probability that the project will occur in this state if such

  2  tax refunds are granted to the applicant, taking into account

  3  the expected long-term commitment of the applicant to economic

  4  growth and employment in this state.

  5         8.  The length of the project, or the expected

  6  long-term commitment to this state resulting from the project.

  7         (g)  The office shall forward its written findings and

  8  evaluation on each application meeting the requirements of

  9  paragraphs (b) and (e), paragraphs (c) and (e), or paragraphs

10  (d) and (e), or paragraphs (j) and (k) to the director within

11  60 calendar days after of receipt of a complete application.

12  The office shall notify each applicant when its application is

13  complete, and when the 60-day period begins. In its written

14  report to the director, the office shall specifically address

15  each of the factors specified in paragraph (f), and shall make

16  a specific assessment with respect to the minimum requirements

17  established in paragraph (e) or paragraph (k). The office

18  shall include in its report projections of the tax refunds the

19  business would be eligible to receive refund claims that will

20  be sought by the applicant in each fiscal year based on the

21  creation and maintenance of the net new Florida jobs specified

22  in subparagraphs (b)6., (c)6., (d)7., or (j)4. or the

23  retention and maintenance of the net retained Florida jobs

24  specified in subparagraph (j)4., as of December 31 of the

25  preceding state fiscal year information submitted in the

26  application.

27         (h)  Within 30 days after receipt of the office's

28  findings and evaluation, the director shall issue a letter of

29  certification which enter a final order that either approves

30  or disapproves an application. The decision must be in writing

31  and provide the justifications for either approval or

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  1  disapproval. If appropriate, the director shall enter into a

  2  written agreement with the qualified applicant pursuant to

  3  subsection (4).

  4         (i)  The director may not certify enter any final order

  5  that certifies any applicant as a qualified applicant when the

  6  value of tax refunds to be included in that letter of

  7  certification final order exceeds the available amount of

  8  authority to certify new businesses enter final orders as

  9  determined in s. 288.095(3). A letter of certification final

10  order that approves an application must specify the maximum

11  amount of a tax refund that is to be available to the

12  contractor or aviation-industry business for in each fiscal

13  year and the total amount of tax refunds for all fiscal years.

14         (j)  Applications for certification from

15  aviation-industry businesses must be submitted to the office

16  no later than June 30, 2003, as prescribed by the office and

17  under the conditions contained in paragraph (3)(a), and must

18  include, but are not limited to, the following information:

19         1.  The applicant's federal employer identification

20  number, the applicant's Florida sales tax registration number,

21  the applicant's unemployment compensation account number, and

22  a notarized signature of an officer of the applicant.

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

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

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

26  product covered by this project. In addition, an

27  aviation-industry business must submit, in a manner prescribed

28  by the office, detailed information on the contract,

29  consolidation, conversion, or expansion activity that will

30  provide the basis for tax refunds, as provided in paragraphs

31  (1)(i) and (3)(a). The office, using criteria developed by the

                                  31

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  1  office in conjunction with Enterprise Florida, Inc., must

  2  determine whether the activity satisfies the requirements of

  3  paragraphs (1)(i) and (3)(a).

  4         4.  The number of net new or net retained full-time

  5  equivalent Florida jobs included in the project as of December

  6  31 of each year and the average wage of such jobs.

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

  8  employed by the applicant in this state as of the date of

  9  application.

10         6.  The anticipated commencement date of the project.

11         7.  A brief statement concerning the applicant's need

12  for tax refunds and concerning the role that the tax refunds

13  will play in the decision of the applicant to secure a new

14  contract, consolidate operations, convert to

15  nonaviation-industry operations, or expand aviation-industry

16  operations, as provided in paragraph (3)(a).

17         8.  An estimate of the proportion of the sales

18  resulting from the project that will be made outside the

19  state.

20         9.  A resolution adopted by the governing body of the

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

22  which resolution recommends that certain types of businesses

23  be approved as qualified aviation-industry businesses and

24  states that the commitments of local financial support

25  necessary for the aviation-industry business exist. Before

26  passage of the resolution, the office may also accept an

27  official letter from an authorized local economic development

28  agency that endorses the proposed aviation-industry project

29  and pledges that sources of local financial support for such

30  project exist. For the purposes of making pledges of local

31  financial support under this subsection, the authorized local

                                  32

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  1  economic development agency shall be officially designated by

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

  3  body.

  4         10.  Any additional information requested by the

  5  office.

  6         (k)  To qualify for review by the office, the

  7  application of an aviation-industry business must, at a

  8  minimum, establish the following to the satisfaction of the

  9  office:

10         1.  The jobs proposed to be provided under the

11  application, pursuant to subparagraph (j)4., must pay an

12  estimated annual average wage equaling at least 100 percent of

13  the average private-sector wage in the area where the business

14  is to be located or the statewide private-sector average wage.

15  The office may waive this average wage requirement at the

16  request of the local governing body recommending the project

17  and Enterprise Florida, Inc. The wage requirement may only be

18  waived for a project located in a brownfield area designated

19  under s. 376.80, in a rural city or county as defined in s.

20  288.106(1), or in an enterprise zone as designated under s.

21  290.0065 and only when the merits of the individual project or

22  the specific circumstances in the community in relationship to

23  the project warrant such action. If the local governing body

24  and Enterprise Florida, Inc., make such a request, they must

25  transmit it in writing and explain the specific justification

26  for the waiver request. If the director elects to waive the

27  wage requirements, the director must state the waiver in

28  writing and must explain the reasons for granting the waiver.

29         2.  The aviation-industry business's project must

30  result in the retention or creation of at least 5 jobs at such

31  project and, if an expansion of an existing business, must

                                  33

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  1  result in a net increase in employment of not less than 10

  2  percent at such business. At the request of the local

  3  governing body recommending the project and Enterprise

  4  Florida, Inc., the office may define an "expansion of an

  5  existing business" for purposes of a rural community, as

  6  defined in s. 288.106(1), or an enterprise zone as the

  7  expansion of a business resulting in a net increase in

  8  employment of less than 10 percent at such business if the

  9  merits of the individual project or the specific circumstances

10  in the community in relationship to the project warrant such

11  action. If the local governing body and Enterprise Florida,

12  Inc., make such a request, they must transmit it in writing

13  and explain the specific justification for the request. If the

14  director elects to grant such request, the director must state

15  such election in writing and must explain the reason for

16  granting the request.

17         3.  In the case of an application based on the

18  retention of jobs in this state, the aviation-industry

19  business must demonstrate, and the office must determine, that

20  the jobs that are to provide a basis for tax refunds are at

21  imminent risk of being lost to the state and that

22  certification as a qualified aviation-industry business under

23  this section is a significant factor in the retention of those

24  jobs.

25         (l)(j)  This section does not create a presumption that

26  an applicant should receive any tax refunds under this

27  section.

28         (4)  QUALIFIED DEFENSE CONTRACTOR TAX REFUND

29  AGREEMENT.--

30

31

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  1         (a)  A qualified applicant shall enter into a written

  2  agreement with the office containing, but not limited to, the

  3  following:

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

  5  this state that are or will be dedicated to the qualified

  6  applicant's project, the average wage of such jobs, the

  7  definitions that will apply for measuring the achievement of

  8  these terms during the pendency of the agreement, and a time

  9  schedule or plan for when such jobs will be in place and

10  active in this state. This information must be the same as the

11  information contained in the application submitted by the

12  contractor pursuant to subsection (3).

13         2.  The maximum amount of a refund that the qualified

14  applicant is eligible to receive for in each fiscal year,

15  based on the job creation or retention and maintenance

16  schedule specified in subparagraph 1.

17         3.  An agreement with the office allowing the office to

18  review and verify the financial and personnel records of the

19  qualified applicant to ascertain whether the qualified

20  applicant is complying with the requirements of this section.

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

22  qualified applicant may file a an annual claim pursuant to

23  subsection (5) to be considered to receive a tax refund in the

24  following fiscal year.

25         5.  That local financial support shall be annually

26  available and will be paid to the Economic Development Trust

27  Fund.

28         (b)  Compliance with the terms and conditions of the

29  agreement is a condition precedent for receipt of tax refunds

30  each year. The failure to comply with the terms and conditions

31  of the agreement shall result in the loss of eligibility for

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  1  receipt of all tax refunds previously authorized pursuant to

  2  this section, and the revocation of the certification as a

  3  qualified applicant by the director, unless the applicant is

  4  eligible to receive and elects to accept a prorated refund

  5  under paragraph (5)(g) or the office grants the qualified

  6  applicant an economic-stimulus exemption.

  7         1.  A qualified applicant may submit, in writing, a

  8  request to the office for an economic-stimulus exemption. The

  9  request must provide quantitative evidence demonstrating how

10  negative economic conditions in the qualified applicant's

11  industry, or specific acts of terrorism affecting the

12  qualified applicant, have prevented the business from

13  complying with the terms and conditions of its tax refund

14  agreement.

15         2.  Upon receipt of a request under subparagraph 1.,

16  the director shall have 45 days to notify the requesting

17  qualified applicant, in writing, whether its exemption has

18  been granted or denied. In determining whether an exemption

19  should be granted, the director shall consider the extent to

20  which negative economic conditions in the requesting qualified

21  applicant's industry, or specific acts of terrorism affecting

22  the qualified applicant, have prevented the business from

23  complying with the terms and conditions of its tax refund

24  agreement.

25         3.  As a condition for receiving a prorated refund

26  under paragraph (5)(g) or an economic-stimulus exemption under

27  this paragraph, a qualified applicant must agree to

28  renegotiate its tax refund agreement with the office to, at a

29  minimum, ensure that the terms of the agreement comply with

30  current law and office procedures governing application for

31  and award of tax refunds. Upon approving the award of a

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  1  prorated refund or granting an economic-stimulus exemption,

  2  the office shall renegotiate the tax refund agreement with the

  3  qualified applicant as required by this subparagraph. When

  4  amending the agreement of a qualified applicant receiving an

  5  economic-stimulus exemption, the office may extend the

  6  duration of the agreement for a period not to exceed 1 year.

  7         4.  A qualified applicant may submit a request for an

  8  economic-stimulus exemption to the office in lieu of any tax

  9  refund claim scheduled to be submitted after June 30, 2001,

10  but before July 1, 2003.

11         5.  A qualified applicant that receives an

12  economic-stimulus exemption may not receive a tax refund for

13  the period covered by the exemption.

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

15  the authorized officer of the qualified applicant.

16         (d)  The agreement must contain the following legend,

17  clearly printed on its face in bold type of not less than 10

18  points:

19

20         "This agreement is neither a general obligation

21         of the State of Florida, nor is it backed by

22         the full faith and credit of the State of

23         Florida. Payment of tax refunds are conditioned

24         on and subject to specific annual

25         appropriations by the Florida Legislature of

26         funds sufficient to pay amounts authorized in

27         s. 288.1045, Florida Statutes."

28

29         (5)  ANNUAL CLAIM FOR REFUND FROM A QUALIFIED DEFENSE

30  CONTRACTOR.--

31

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

  2  qualified applicants who have entered into a written agreement

  3  with the office pursuant to subsection (4) and who have

  4  entered into a valid new Department of Defense contract,

  5  commenced the consolidation of a Department of Defense

  6  contract, commenced the conversion of defense production jobs

  7  to nondefense production jobs, or who have entered into a

  8  valid contract for reuse of a defense-related facility, or

  9  commenced a qualified aviation-industry project must may apply

10  by January 31 of once each fiscal year to the office for tax

11  refunds scheduled to be paid from the appropriation for the

12  fiscal year that begins on July 1 following the January 31

13  claims-submission date. The office may, upon written request,

14  grant a 30-day extension of the filing date. The application

15  must be made on or after the date contained in the agreement

16  entered into pursuant to subsection (4) and must include a

17  notarized signature of an officer of the applicant.

18         (b)  The claim for refund by the qualified applicant

19  must include a copy of all receipts pertaining to the payment

20  of taxes for which a refund is sought, and data related to

21  achieving each performance item contained in the tax refund

22  agreement pursuant to subsection (4). The amount requested as

23  a tax refund may not exceed the amount for the relevant fiscal

24  year in the written agreement entered pursuant to subsection

25  (4).

26         (c)  A tax refund may not be approved for any qualified

27  applicant unless local financial support has been paid to the

28  Economic Development Trust Fund for in that refund fiscal

29  year. If the local financial support is less than 20 percent

30  of the approved tax refund, the tax refund shall be reduced.

31  The tax refund paid may not exceed 5 times the local financial

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  1  support received. Funding from local sources includes tax

  2  abatement under s. 196.1995 provided to a qualified applicant.

  3  The amount of any tax refund for an applicant approved under

  4  this section shall be reduced by the amount of any such tax

  5  abatement, and the limitations in subsection (2) and paragraph

  6  (3)(h) shall be reduced by the amount of any such tax

  7  abatement. A report listing all sources of the local financial

  8  support shall be provided to the office when such support is

  9  paid to the Economic Development Trust Fund.

10         (d)  The director, with assistance from the office, the

11  Department of Revenue, and the Agency for Workforce Innovation

12  Department of Labor and Employment Security, shall, by June 30

13  following the scheduled date for submitting the tax-refund

14  claim, specify by written order the approval or disapproval of

15  the tax refund claim and, if approved, determine the amount of

16  the tax refund that is authorized to be paid to for the

17  qualified applicant for the fiscal year in a written final

18  order within 30 days after the date the claim for the annual

19  tax refund is received by the office. The office may grant an

20  extension of this date upon the request of the qualified

21  applicant for the purpose of filing additional information in

22  support of the claim.

23         (e)  The total amount of tax refunds approved by the

24  director under this section in any fiscal year may not exceed

25  the amount appropriated to the Economic Development Trust Fund

26  for such purposes for the fiscal year. If the Legislature does

27  not appropriate an amount sufficient to satisfy projections by

28  the office for tax refunds in a fiscal year, the director

29  shall, not later than July 15 of such year, determine the

30  proportion of each refund claim which shall be paid by

31  dividing the amount appropriated for tax refunds for the

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    Florida Senate - 2002                           CS for SB 2414
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  1  fiscal year by the projected total amount of refund claims for

  2  the fiscal year. The amount of each claim for a tax refund

  3  shall be multiplied by the resulting quotient. If, after the

  4  payment of all such refund claims, funds remain in the

  5  Economic Development Trust Fund for tax refunds, the director

  6  shall recalculate the proportion for each refund claim and

  7  adjust the amount of each claim accordingly.

  8         (f)  Upon approval of the tax refund pursuant to

  9  paragraphs (c) and (d), the Comptroller shall issue a warrant

10  for the amount included in the written final order. In the

11  event of any appeal of the written final order, the

12  Comptroller may not issue a warrant for a refund to the

13  qualified applicant until the conclusion of all appeals of the

14  written final order.

15         (g)  A prorated tax refund, less a 5 percent penalty,

16  shall be approved for a qualified applicant provided all other

17  applicable requirements have been satisfied and the applicant

18  proves to the satisfaction of the director that it has

19  achieved at least 80 percent of its projected employment and

20  that the average wage paid by the business is at least 90

21  percent of the average wage specified in the tax refund

22  agreement, but in no case less than 115 percent, or 100

23  percent in the case of a qualified aviation-industry business,

24  of the average private-sector wage in the area available at

25  the time of the claim. The prorated tax refund shall be

26  calculated by multiplying the tax refund amount for which the

27  qualified applicant would have been eligible, if all

28  applicable requirements had been satisfied, by the percentage

29  of the average employment specified in the tax refund

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

31

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  1  average wages specified in the tax refund agreement which was

  2  achieved.

  3         (h)  This section does not create a presumption that a

  4  tax refund claim will be approved and paid.

  5         (6)  ADMINISTRATION.--

  6         (a)  The office may adopt rules pursuant to chapter 120

  7  for the administration of this section.

  8         (b)  The office may verify information provided in any

  9  claim submitted for tax credits under this section with regard

10  to employment and wage levels or the payment of the taxes with

11  the appropriate agency or authority including the Department

12  of Revenue, the Agency for Workforce Innovation Department of

13  Labor and Employment Security, or any local government or

14  authority.

15         (c)  To facilitate the process of monitoring and

16  auditing applications made under this program, the office may

17  provide a list of qualified applicants to the Department of

18  Revenue, to the Agency for Workforce Innovation Department of

19  Labor and Employment Security, or to any local government or

20  authority. The office may request the assistance of said

21  entities with respect to monitoring jobs, wages, and the

22  payment of the taxes listed in subsection (2).

23         (d)  By December 1 of each year, the office shall

24  submit a complete and detailed report to the Governor, the

25  President of the Senate, and the Speaker of the House of

26  Representatives of all tax refunds paid under this section,

27  including analyses of benefits and costs, types of projects

28  supported, employment and investment created, geographic

29  distribution of tax refunds granted, and minority business

30  participation.  The report must indicate whether the moneys

31  appropriated by the Legislature to the qualified applicant tax

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  1  refund program were expended in a prudent, fiducially sound

  2  manner.

  3         (e)  Funds specifically appropriated for the tax refund

  4  program under this section may not be used for any purpose

  5  other than the payment of tax refunds authorized by this

  6  section.

  7         (7)  EXPIRATION.--An applicant may not be certified as

  8  qualified under this section after June 30, 2004.

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

10  paragraphs (a), (b), and (c) of subsection (4), and

11  subsections (5) and (6) of section 288.106, Florida Statutes,

12  are amended, and subsection (7) of that section is reenacted,

13  to read:

14         288.106  Tax refund program for qualified target

15  industry businesses.--

16         (3)  APPLICATION AND APPROVAL PROCESS.--

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

18  industry business under this section, the business must file

19  an application with the office before the business has made

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

21  the business had made the decision to expand an existing

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

23  not limited to, the following information:

24         1.  The applicant's federal employer identification

25  number and the applicant's state sales tax registration

26  number.

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

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

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

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

31  for all activities included in the project.

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

  2  jobs at the qualified target industry business as of December

  3  31 of each year included in this state that are or will be

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

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

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

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

  8  business activity or product.

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

10  employed by the applicant in this state.

11         6.  The anticipated commencement date of the project.

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

13  refunds requested will play in the decision of the applicant

14  to locate or expand in this state.

15         8.  An estimate of the proportion of the sales

16  resulting from the project that will be made outside this

17  state.

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

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

20  which resolution recommends that certain types of businesses

21  be approved as a qualified target industry business and states

22  that the commitments of local financial support necessary for

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

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

25  letter from an authorized local economic development agency

26  that endorses the proposed target industry project and pledges

27  that sources of local financial support for such project

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

29  support under this subsection, the authorized local economic

30  development agency shall be officially designated by the

31

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

  2  authority.

  3         10.  Any additional information requested by the

  4  office.

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

  6  evaluation concerning each application meeting the

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

  8  calendar days after receipt of a complete application. The

  9  office shall notify each target industry business when its

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

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

12  office shall specifically address each of the factors

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

14  assessment with respect to the minimum requirements

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

16  report projections of the tax refunds the business would be

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

18  target industry business in each fiscal year based on the

19  creation and maintenance of the net new Florida jobs specified

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

21  fiscal year information submitted in the application.

22         (4)  TAX REFUND AGREEMENT.--

23         (a)  Each qualified target industry business must enter

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

25  minimum:

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

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

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

29  measuring the achievement of these terms during the pendency

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

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

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  1  information must be the same as the information contained in

  2  the application submitted by the business under subsection

  3  (3).

  4         2.  The maximum amount of tax refunds which the

  5  qualified target industry business is eligible to receive on

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

  7  qualified target industry business is eligible to receive for

  8  in each fiscal year, based on the job creation and maintenance

  9  schedule specified in subparagraph 1.

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

11  and personnel records of the qualified target industry

12  business to ascertain whether that business is in compliance

13  with this section.

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

15  qualified target industry business may file a an annual claim

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

17  in the following fiscal year.

18         5.  That local financial support will be annually

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

20  not enter into a written agreement with a qualified target

21  industry business if the local financial support resolution is

22  not passed by the local governing authority within 90 days

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

24  subsection (3).

25         (b)  Compliance with the terms and conditions of the

26  agreement is a condition precedent for the receipt of a tax

27  refund each year. The failure to comply with the terms and

28  conditions of the tax refund agreement results in the loss of

29  eligibility for receipt of all tax refunds previously

30  authorized under this section and the revocation by the

31  director of the certification of the business entity as a

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  1  qualified target industry business, unless the business is

  2  eligible to receive and elects to accept a prorated refund

  3  under paragraph (5)(d) or the office grants the business an

  4  economic-stimulus exemption.

  5         1.  A qualified target industry business may submit, in

  6  writing, a request to the office for an economic-stimulus

  7  exemption. The request must provide quantitative evidence

  8  demonstrating how negative economic conditions in the

  9  business's industry, or specific acts of terrorism affecting

10  the qualified target industry business, have prevented the

11  business from complying with the terms and conditions of its

12  tax refund agreement.

13         2.  Upon receipt of a request under subparagraph 1.,

14  the director shall have 45 days to notify the requesting

15  business, in writing, if its exemption has been granted or

16  denied. In determining whether an exemption should be granted,

17  the director shall consider the extent to which negative

18  economic conditions in the requesting business's industry, or

19  specific acts of terrorism affecting the qualified target

20  industry business, have prevented the business from complying

21  with the terms and conditions of its tax refund agreement.

22         3.  As a condition for receiving a prorated refund

23  under paragraph (5)(d) or an economic-stimulus exemption under

24  this paragraph, a qualified target industry business must

25  agree to renegotiate its tax refund agreement with the office

26  to, at a minimum, ensure that the terms of the agreement

27  comply with current law and office procedures governing

28  application for and award of tax refunds. Upon approving the

29  award of a prorated refund or granting an economic-stimulus

30  exemption, the office shall renegotiate the tax refund

31  agreement with the business as required by this subparagraph.

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  1  When amending the agreement of a business receiving an

  2  economic-stimulus exemption, the office may extend the

  3  duration of the agreement for a period not to exceed 1 year.

  4         4.  A qualified target industry business may submit a

  5  request for an economic-stimulus exemption to the office in

  6  lieu of any tax refund claim scheduled to be submitted after

  7  June 30, 2001, but before July 1, 2003.

  8         5.  A qualified target industry business that receives

  9  an economic-stimulus exemption may not receive a tax refund

10  for the period covered by the exemption.

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

12  by an authorized officer of the qualified target industry

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

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

15  receipt of the resolution of local financial support. The

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

17  request of the qualified target industry business.

18         (5)  ANNUAL CLAIM FOR REFUND.--

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

20  a qualified target industry business that has entered into a

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

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

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

24  appropriation for the fiscal year that begins on July 1

25  following the January 31 claims-submission date. The office

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

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

28  specified in that agreement.

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

30  industry business must include a copy of all receipts

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

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  1  sought and data related to achievement of each performance

  2  item specified in the tax refund agreement. The amount

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

  4  for the relevant that fiscal year in that agreement.

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

  6  target industry business unless the required local financial

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

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

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

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

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

12  financial support received. Further, funding from local

13  sources includes any tax abatement granted to that business

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

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

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

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

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

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

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

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

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

23  when such support is paid to the account.

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

25  shall be approved for a qualified target industry business

26  provided all other applicable requirements have been satisfied

27  and the business proves to the satisfaction of the director

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

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

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

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

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

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

  3  private-sector wage if the business requested the additional

  4  per-job tax refund authorized in paragraph (2)(b) for wages

  5  above those levels. The prorated tax refund shall be

  6  calculated by multiplying the tax refund amount for which the

  7  qualified target industry business would have been eligible,

  8  if all applicable requirements had been satisfied, by the

  9  percentage of the average employment specified in the tax

10  refund agreement which was achieved, and by the percentage of

11  the average wages specified in the tax refund agreement which

12  was achieved.

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

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

15  Agency for Workforce Innovation Department of Labor and

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

17  date for submission of the tax-refund claim, specify by

18  written final order the approval or disapproval of the tax

19  refund claim and, if approved, the amount of the tax refund

20  that is authorized to be paid to for the qualified target

21  industry business for the fiscal year within 30 days after the

22  date that the claim for the annual tax refund is received by

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

24  the request of the qualified target industry business for the

25  purpose of filing additional information in support of the

26  claim.

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

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

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

30         (g)  This section does not create a presumption that a

31  tax refund claim will be approved and paid.

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

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

  3  warrant for the amount specified in the written final order.

  4  If the written final order is appealed, the Comptroller may

  5  not issue a warrant for a refund to the qualified target

  6  industry business until the conclusion of all appeals of that

  7  order.

  8         (6)  ADMINISTRATION.--

  9         (a)  The office is authorized to verify information

10  provided in any claim submitted for tax credits under this

11  section with regard to employment and wage levels or the

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

13  including the Department of Revenue, the Agency for Workforce

14  Innovation Department of Labor and Employment Security, or any

15  local government or authority.

16         (b)  To facilitate the process of monitoring and

17  auditing applications made under this program, the office may

18  provide a list of qualified target industry businesses to the

19  Department of Revenue, to the Agency for Workforce Innovation

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

21  government or authority. The office may request the assistance

22  of those entities with respect to monitoring jobs, wages, and

23  the payment of the taxes listed in subsection (2).

24         (c)  Funds specifically appropriated for the tax refund

25  program for qualified target industry businesses may not be

26  used for any purpose other than the payment of tax refunds

27  authorized by this section.

28         (7)  EXPIRATION.--This section expires June 30, 2004.

29         Section 5.  Paragraph (f) of subsection (2) of section

30  14.2015, Florida Statutes, is amended to read:

31

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  1         14.2015  Office of Tourism, Trade, and Economic

  2  Development; creation; powers and duties.--

  3         (2)  The purpose of the Office of Tourism, Trade, and

  4  Economic Development is to assist the Governor in working with

  5  the Legislature, state agencies, business leaders, and

  6  economic development professionals to formulate and implement

  7  coherent and consistent policies and strategies designed to

  8  provide economic opportunities for all Floridians.  To

  9  accomplish such purposes, the Office of Tourism, Trade, and

10  Economic Development shall:

11         (f)1.  Administer the Florida Enterprise Zone Act under

12  ss. 290.001-290.016, the community contribution tax credit

13  program under ss. 220.183 and 624.5105, the tax refund program

14  for qualified target industry businesses under s. 288.106, the

15  tax-refund program for qualified defense contractors and

16  qualified aviation-industry businesses under s. 288.1045,

17  contracts for transportation projects under s. 288.063, the

18  sports franchise facility program under s. 288.1162, the

19  professional golf hall of fame facility program under s.

20  288.1168, the expedited permitting process under s. 403.973,

21  the Rural Community Development Revolving Loan Fund under s.

22  288.065, the Regional Rural Development Grants Program under

23  s. 288.018, the Certified Capital Company Act under s. 288.99,

24  the Florida State Rural Development Council, the Rural

25  Economic Development Initiative, and other programs that are

26  specifically assigned to the office by law, by the

27  appropriations process, or by the Governor. Notwithstanding

28  any other provisions of law, the office may expend interest

29  earned from the investment of program funds deposited in the

30  Economic Development Trust Fund, the Grants and Donations

31  Trust Fund, the Brownfield Property Ownership Clearance

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  1  Assistance Revolving Loan Trust Fund, and the Economic

  2  Development Transportation Trust Fund to contract for the

  3  administration of the programs, or portions of the programs,

  4  enumerated in this paragraph or assigned to the office by law,

  5  by the appropriations process, or by the Governor. Such

  6  expenditures shall be subject to review under chapter 216.

  7         2.  The office may enter into contracts in connection

  8  with the fulfillment of its duties concerning the Florida

  9  First Business Bond Pool under chapter 159, tax incentives

10  under chapters 212 and 220, tax incentives under the Certified

11  Capital Company Act in chapter 288, foreign offices under

12  chapter 288, the Enterprise Zone program under chapter 290,

13  the Seaport Employment Training program under chapter 311, the

14  Florida Professional Sports Team License Plates under chapter

15  320, Spaceport Florida under chapter 331, Expedited Permitting

16  under chapter 403, and in carrying out other functions that

17  are specifically assigned to the office by law, by the

18  appropriations process, or by the Governor.

19         Section 6.  Paragraph (k) of subsection (7) of section

20  213.053, Florida Statutes, is amended to read:

21         213.053  Confidentiality and information sharing.--

22         (7)  Notwithstanding any other provision of this

23  section, the department may provide:

24         (k)1.  Payment information relative to s. 206.9825 and

25  chapters 199, 201, 212, 220, and 221, and 624 to the Office of

26  Tourism, Trade, and Economic Development, or its employees or

27  agents that are identified in writing by the office to the

28  department, in the its administration of the tax refund

29  program for qualified defense contractors and

30  aviation-industry businesses authorized by s. 288.1045 and the

31

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  1  tax refund program for qualified target industry businesses

  2  authorized by s. 288.106.

  3         2.  Information relative to tax credits taken by a

  4  business under s. 220.191 and exemptions or tax refunds

  5  received by a business under s. 212.08(5)(j) to the Office of

  6  Tourism, Trade, and Economic Development, or its employees or

  7  agents that are identified in writing by the office to the

  8  department, in the administration and evaluation of the

  9  capital investment tax credit program authorized in s. 220.191

10  and the semiconductor, defense, and space tax exemption

11  program authorized in s. 212.08(5)(j).

12

13  Disclosure of information under this subsection shall be

14  pursuant to a written agreement between the executive director

15  and the agency.  Such agencies, governmental or

16  nongovernmental, shall be bound by the same requirements of

17  confidentiality as the Department of Revenue.  Breach of

18  confidentiality is a misdemeanor of the first degree,

19  punishable as provided by s. 775.082 or s. 775.083.

20         Section 7.  Small Business Crisis Management Team.--

21         (1)  The Legislature recognizes that periods of

22  sustained economic weakness, whether associated or

23  unassociated with events such as the September 11, 2001,

24  terrorist attacks on the United States, are particularly

25  difficult for small businesses. Because its economy is

26  dominated by small businesses, the state is especially

27  vulnerable to periods of economic weakness. In addition, the

28  Legislature finds that Enterprise Florida, Inc., as the

29  principal economic development organization for the state,

30  works with a diverse network of organizations and therefore is

31

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  1  in a unique position to assist small businesses during times

  2  of economic crisis.

  3         (2)  Enterprise Florida, Inc., is directed to

  4  incorporate into its operations a Small Business Crisis

  5  Management Team that can be activated quickly and for

  6  temporary periods of time to assist small businesses in the

  7  state during periods of economic crisis or sustained economic

  8  weakness. The team shall be comprised of senior staff members

  9  from Enterprise Florida, Inc., appointed by the president of

10  Enterprise Florida, Inc., as well as representatives of other

11  organizations who are recruited to serve on the team by the

12  president of Enterprise Florida, Inc. The purposes of the team

13  shall include, but not be limited to:

14         (a)  Serving as an initial, single point of contact for

15  small businesses that are attempting to gather information on

16  the variety of state and federal programs and services

17  available to them.

18         (b)  Publicizing to small businesses information on

19  federal assistance programs or initiatives, such as the

20  economic injury loan programs of the U.S. Small Business

21  Administration.

22         (c)  Referring small businesses to organizations, such

23  as small business development centers, which can provide

24  one-on-one counseling in business operations or best

25  practices.

26         (d)  Coordinating with the state and regional partners

27  in the workforce development system, including but not limited

28  to the REACT unit of the Agency for Workforce Innovation, to

29  ensure that businesses undergoing layoffs or contemplating

30  layoffs are aware of economic development incentives or other

31

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  1  programs and services that may help reduce or avoid the need

  2  for such layoffs.

  3         (e)  Utilizing the eflorida.com website as a resource

  4  for small businesses to gather current information on

  5  available assistance.

  6         (3)  The Office of Tourism, Trade, and Economic

  7  Development; Workforce Florida, Inc.; the Agency for Workforce

  8  Innovation; and the Department of Community Affairs shall

  9  assist Enterprise Florida, Inc., with the operation of the

10  Small Business Crisis Management Team and shall each appoint

11  at least one staff member to serve as a liaison to the team.

12         (4)  In order to provide a focus for the activities of

13  the Small Business Crisis Management Team, the term "small

14  business" as used in this section generally shall mean a

15  business with 25 or fewer employees. Enterprise Florida, Inc.,

16  however, may provide services under this section to businesses

17  with more employees if, in its judgment, the economic

18  conditions or circumstances of the particular business

19  warrant.

20         Section 8.  The sections of this act amending section

21  443.111, Florida Statutes, and creating section 445.053,

22  Florida Statutes, may be cited as the "Florida Self-Employment

23  and Enterprise Development Act."

24         Section 9.  Effective October 1, 2002, subsection (8)

25  is added to section 443.111, Florida Statutes, to read:

26         443.111  Payment of benefits.--

27         (8)  SELF-EMPLOYMENT-ASSISTANCE PROGRAM.--

28         (a)  Definitions.--As used in this subsection, the

29  term:

30         1.  "Regular benefits" means benefits payable to an

31  individual under this chapter or under any other state law,

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  1  including benefits payable to federal civilian employees and

  2  to ex-service members under 5 U.S.C. chapter 85, other than

  3  extended benefits.

  4         2.  "Self-employment-assistance allowance" means an

  5  allowance payable in lieu of regular benefits under this

  6  chapter to an individual participating in the

  7  self-employment-assistance program.

  8         (b)  Authorization and purpose.--There is created

  9  within the Agency for Workforce Innovation a

10  self-employment-assistance program. The purpose of the program

11  is to implement authority granted under the Federal

12  Unemployment Tax Act in 26 U.S.C. s. 3306(t) to provide

13  allowances in lieu of regular benefits to unemployed

14  individuals in order to assist these individuals in

15  establishing new businesses and becoming self-employed.

16         (c)  Eligibility.--An unemployed individual is eligible

17  to participate in the self-employment-assistance program, and

18  to receive a self-employment-assistance allowance with respect

19  to any week, if each of the following apply:

20         1.  The individual is otherwise eligible to receive

21  regular benefits.

22         2.  The individual is determined to be likely to

23  exhaust regular benefits using the eligibility-assessment

24  system established under paragraph (f).

25         3.  The individual applies to participate in the

26  self-employment-assistance program within 60 days after the

27  individual first filed a valid claim for regular benefits.

28         4.  The individual has, on the date of application, a

29  balance of regular benefits which is at least 18 times the

30  individual's weekly benefit amount and has at least 18 weeks

31  remaining in the individual's benefit year.

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  1         5.  The individual is admitted into the

  2  self-employment-assistance program by the Agency for Workforce

  3  Innovation.

  4         6.  The individual is participating in, or has

  5  completed, the training and counseling programs provided under

  6  paragraph (g).

  7         7.  The individual is actively engaged full-time in

  8  activities approved by the Agency for Workforce Innovation,

  9  which may include the training and counseling programs

10  provided under paragraph (g), related to establishing a

11  business and becoming self-employed.

12         8.  The individual has made a claim for a

13  self-employment-assistance allowance with respect to such week

14  in accordance with the rules of the Agency for Workforce

15  Innovation.

16         9.  The individual provides the information required by

17  the Agency for Workforce Innovation, including a log of the

18  individual's participation in the programs described in

19  subparagraph 6. and the activities described in subparagraph

20  7.

21         10.  The individual has not participated in the

22  self-employment-assistance program during a preceding benefit

23  year.

24         (d)  Disqualification.--An individual who fails to

25  participate in the training and counseling programs provided

26  under paragraph (g) or who fails to actively engage full-time

27  in activities related to establishing a business and becoming

28  self-employed is disqualified for the week the failure occurs.

29  If an individual is disqualified under this paragraph for 2

30  consecutive weeks or for any 3 weeks while participating in

31  the self-employment-assistance program, the individual shall

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  1  be removed from the program. An individual who is removed or

  2  voluntarily withdraws from the program may receive, if

  3  otherwise eligible, regular benefits with respect to the

  4  individual's benefit year if the sum of the

  5  self-employment-assistance allowances paid to the individual

  6  under this subsection and the regular benefits paid to that

  7  individual under this section during the benefit year do not

  8  exceed the total amount of benefits allowed in subsection (5).

  9         (e)  Payment and financing of allowances.--

10         1.  A self-employment-assistance allowance is payable

11  to an individual at the same intervals, on the same terms, and

12  subject to the same conditions as regular benefits, except

13  that:

14         a.  The requirements in s. 443.091(1)(b), relating to

15  registering for work, do not apply to the individual.

16         b.  The requirements in s. 443.091(1)(c), relating to

17  ability to work and availability for work, do not apply to the

18  individual.

19         c.  The disqualifications in s. 443.101(2), relating to

20  failing to apply for or accept suitable work, do not apply to

21  the individual.

22         d.  Remuneration paid to the individual derived from

23  self-employment is not earned income under s. 443.036(16), and

24  the provisions of this chapter relating to the reduction of

25  the amount of regular benefits due to receipt of disqualifying

26  income do not apply to earned income derived from

27  self-employment by an individual participating in the

28  self-employment-assistance program and do not affect the

29  amount of the individual's self-employment-assistance

30  allowance.

31

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  1         2.  An individual participating in the

  2  self-employment-assistance program is considered to be totally

  3  unemployed under s. 443.036(39).

  4         3.  An individual's weekly self-employment-assistance

  5  allowance payable under this subsection is equal to the weekly

  6  benefit amount the individual would have otherwise received

  7  for regular benefits under subsection (3) if the individual

  8  had not participated in the self-employment-assistance

  9  program. The sum of the self-employment-assistance allowances

10  paid to an individual under this subsection and the regular

11  benefits paid to that individual under this section during any

12  benefit year may not exceed the total amount of benefits

13  allowed in subsection (5).

14         4.  For an employer from whom the individual received

15  wage credits in the individual's base period, which employer

16  is liable for contributions under the contributory system of

17  financing unemployment compensation benefits, a

18  self-employment-assistance allowance paid under this

19  subsection shall not be charged to the account of the

20  employer. For a reimbursable employer from whom the individual

21  received wage credits in the individual's base period, an

22  allowance paid under this subsection shall be charged to the

23  account of the employer in the same manner provided in s.

24  443.131 for regular benefits.

25         (f)  Eligibility-assessment system.--The Agency for

26  Workforce Innovation shall establish an eligibility-assessment

27  system to identify individuals likely to exhaust regular

28  benefits. This eligibility-assessment system may be, but is

29  not required to be, the same as the profiling system used to

30  identify participants in reemployment services under s.

31  443.091(1)(d).

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  1         (g)  Training and counseling programs.--The Agency for

  2  Workforce Innovation, in conjunction with Workforce Florida,

  3  Inc., shall approve programs that provide entrepreneurial

  4  training, business counseling, and technical assistance for

  5  participants in the self-employment-assistance program.

  6  Workforce Florida, Inc., shall adopt minimum standards for the

  7  training and counseling programs, including the basic elements

  8  of the program curriculum. The Agency for Workforce

  9  Innovation, in conjunction with Workforce Florida, Inc., shall

10  define the criteria for an individual's completion of the

11  training and counseling programs. It is the intent of the

12  Legislature that the training and counseling programs be

13  provided through contracts with existing providers, such as

14  Small Business Development Centers, school districts,

15  community colleges, state universities and colleges, or

16  independent college and universities. Workforce Florida, Inc.,

17  shall allocate funds for these training and counseling

18  programs from funds provided to the workforce system,

19  including, but not limited to, the federal Workforce

20  Investment Act block grant and the federal Temporary

21  Assistance for Needy Families block grant.

22         (h)  Participation limit.--The aggregate number of

23  individuals receiving a self-employment-assistance allowance

24  under this subsection during any week may not exceed 1 percent

25  of the number of individuals receiving regular benefits. To

26  enforce this paragraph, the Agency for Workforce Innovation

27  may limit admission into the self-employment-assistance

28  program. The Agency for Workforce Innovation may further limit

29  admission based on the availability of the training and

30  counseling programs provided under paragraph (g) or funding

31  for those programs.

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  1         (i)  Rules.--The Agency for Workforce Innovation shall

  2  adopt rules under ss. 120.536(1) and 120.54 for the

  3  administration of this subsection.

  4         (j)  Evaluations and recommendations.--The Agency for

  5  Workforce Innovation, in conjunction with Workforce Florida,

  6  Inc., and the regional workforce boards shall conduct a

  7  comprehensive evaluation of the effectiveness of the

  8  self-employment-assistance program operated under this

  9  subsection. By January 1, 2007, the Agency for Workforce

10  Innovation shall submit a report on such evaluation to the

11  Governor, the President of the Senate, the Speaker of the

12  House of Representatives, and the majority and minority

13  leaders of the Senate and the House of Representatives. The

14  report must include, at a minimum, the number of individuals

15  participating in the program and the number of businesses

16  developed under the program, business survival data, the cost

17  of operating the program, compliance with program

18  requirements, data related to business income, the number of

19  employees and amount of wages paid in the new businesses, the

20  incidence and duration of unemployment after business startup,

21  and an evaluation of the Self-Employment-Assistance Loan

22  Program created under s. 445.053. The report may also include

23  recommendations as to whether the self-employment-assistance

24  program should be continued or revised to enhance its

25  administration or effectiveness.

26         (k)  Conflicts.--If there is a conflict between this

27  subsection and federal requirements and regulations, the

28  federal requirements and regulations control.

29         (l)  Expiration.--This subsection expires July 1, 2007.

30         Section 10.  Effective October 1, 2002, section

31  445.053, Florida Statutes, is created to read:

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  1         445.053  Self-Employment-Assistance Loan Program.--

  2         (1)  The Legislature finds that small enterprises are

  3  vital to the success of the state's economy. The Legislature

  4  further finds that a major barrier to the creation of small

  5  enterprises is restricted access to capital. It is, therefore,

  6  the intent of the Legislature to facilitate access to such

  7  capital in order to spur economic development in the state.

  8         (2)  As used in this section, the term:

  9         (a)  "Eligible borrower" means:

10         1.  A person who applies for a loan under this section

11  within 1 year after completing the required training and

12  counseling programs; or

13         2.  A person who applies for a loan under this section

14  within 3 years after completing the required training and

15  counseling programs, who has previously received a loan under

16  this section, and whose loans under this section total less

17  than $10,000.

18         (b)  "Qualified entity" means:

19         1.  A financial institution, as defined in s. 655.005;

20         2.  A nonprofit organization, including, but not

21  limited to, a microenterprise development organization or a

22  loan fund, which holds a current exemption from taxation under

23  s. 501(c)(3) of the Internal Revenue Code of 1986, as amended,

24  and which has demonstrated fiduciary integrity; or

25         3.  A state or local government agency acting in

26  cooperation with an organization described in subparagraph 2.

27         (c)  "Required training and counseling programs" means

28  the training and counseling programs provided under the

29  self-employment-assistance program in s. 443.111(8)(g).

30         (3)(a)  The agency, in conjunction with Workforce

31  Florida, Inc., shall establish a Self-Employment-Assistance

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  1  Loan Program for the purpose of assisting eligible borrowers

  2  with the capitalization of their businesses.

  3         (b)  Subject to specific legislative appropriation, the

  4  agency shall contract with the qualified entities selected by

  5  Workforce Florida, Inc., to make loans to eligible borrowers

  6  for costs related to the establishment or operation of their

  7  businesses. Repayments of principal and interest may be used

  8  by a qualified entity only to make loans to other eligible

  9  borrowers or to otherwise implement the

10  Self-Employment-Assistance Loan Program as specified under the

11  terms and conditions of the contract between the agency and

12  the qualified entity.

13         (c)  Workforce Florida, Inc., shall select one or more

14  qualified entities and negotiate the terms and conditions of

15  the contracts with the qualified entities. When selecting a

16  qualified entity, Workforce Florida, Inc., shall optimize the

17  use of legislative appropriations by considering the amount of

18  nonstate funds that will be leveraged and by minimizing the

19  number of qualified entities selected in order to reduce the

20  administrative costs of making loans through economies of

21  scale. These terms and conditions must require a qualified

22  entity to use loan repayments, upon the expiration or repeal

23  of this section, for similar loans to assist small enterprises

24  in this state.

25         (4)  For an individual who completes the required

26  training and counseling programs and receives a loan under

27  this section, to the maximum extent practicable, the agency,

28  in conjunction with Workforce Florida, Inc., shall extend the

29  business counseling and technical assistance provided under s.

30  443.111(8)(g) during the first year after the individual

31

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  1  receives the loan, while the individual establishes a business

  2  and becomes self-employed.

  3         (5)  This section expires 3 years after the expiration

  4  or repeal of the self-employment-assistance program in s.

  5  443.111(8).

  6         Section 11.  Subsection (1) of section 624.5091,

  7  Florida Statutes, is amended to read:

  8         624.5091  Retaliatory provision, insurers.--

  9         (1)  When by or pursuant to the laws of any other state

10  or foreign country any taxes, licenses, and other fees, in the

11  aggregate, and any fines, penalties, deposit requirements, or

12  other material obligations, prohibitions, or restrictions are

13  or would be imposed upon Florida insurers or upon the agents

14  or representatives of such insurers, which are in excess of

15  such taxes, licenses, and other fees, in the aggregate, or

16  which are in excess of the fines, penalties, deposit

17  requirements, or other obligations, prohibitions, or

18  restrictions directly imposed upon similar insurers, or upon

19  the agents or representatives of such insurers, of such other

20  state or country under the statutes of this state, so long as

21  such laws of such other state or country continue in force or

22  are so applied, the same taxes, licenses, and other fees, in

23  the aggregate, or fines, penalties, deposit requirements, or

24  other material obligations, prohibitions, or restrictions of

25  whatever kind shall be imposed by the Department of Revenue

26  upon the insurers, or upon the agents or representatives of

27  such insurers, of such other state or country doing business

28  or seeking to do business in this state.  In determining the

29  taxes to be imposed under this section, 80 percent of the

30  credit provided by s. 624.509(5), as limited by s. 624.509(6)

31  and further determined by s. 624.509(7), shall not be taken

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  1  into consideration, except that effective January 1, 2003, 90

  2  percent of such credit shall not be taken into consideration,

  3  and effective January 1, 2004, 100 percent of such credit

  4  shall not be taken into consideration.

  5         Section 12.  Section 187.101, Florida Statutes, is

  6  amended to read:

  7         187.101  Description of plan; legislative intent;

  8  construction and application of plan.--

  9         (1)  The State Comprehensive Plan shall provide

10  long-range policy guidance for the orderly social, economic,

11  and physical growth of the state.  It shall be reviewed

12  biennially by the Legislature, and implementation of its

13  policies shall require legislative action unless otherwise

14  specifically authorized by the constitution or law.

15         (2)  The highest priorities of the state are to achieve

16  a diverse, healthy, vibrant, and sustainable economy while

17  enhancing natural resources and protecting private property

18  rights. The Legislature recognizes that it is the strength of

19  the state economy which provides stability in the marketplace,

20  maximizes diverse job opportunities, and increases earned

21  income for the workforce. By making strategic

22  growth-management decisions that improve incomes for the

23  workforce of the state, there will be greater revenue for

24  state and local governments. The state will then be in the

25  best position to invest in the five major expenses of state

26  and local governments, which are education; infrastructure;

27  environment; public safety, including international terrorism,

28  war, criminal justice, and emergencies; and social services,

29  including affordable housing.

30         (3)(2)  The State Comprehensive Plan is intended to be

31  a visionary and direction-setting document.  Its policies may

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  1  be implemented only to the extent that financial resources are

  2  provided pursuant to legislative appropriation or grants or

  3  appropriations of any other public or private entities.  The

  4  plan does not create regulatory authority or authorize the

  5  adoption of agency rules, criteria, or standards not otherwise

  6  authorized by law.

  7         (4)(3)  The goals and policies contained in the State

  8  Comprehensive Plan shall be reasonably applied where they are

  9  economically and environmentally feasible, not contrary to the

10  public interest, and consistent with the protection of private

11  property rights.  The plan shall be construed and applied as a

12  whole, and no specific goal or policy in the plan shall be

13  construed or applied in isolation from the other goals and

14  policies in the plan.

15         Section 13.  Effective July 1, 2002, paragraphs (i) and

16  (j) are added to subsection (3) of section 288.901, Florida

17  Statutes, to read:

18         288.901  Enterprise Florida, Inc.; creation;

19  membership; organization; meetings; disclosure.--

20         (3)  Enterprise Florida, Inc., shall be governed by a

21  board of directors.  The board of directors shall consist of

22  the following members:

23         (i)  A representative of a local or regional

24  economic-development organization or community-development

25  organization serving a large urban area that contains multiple

26  economically distressed communities or neighborhoods. The

27  representative must have experience in working to improve

28  economic conditions in these communities or neighborhoods. The

29  representative shall be appointed by the Governor.

30         (j)  A representative of a local or regional

31  economic-development organization or community-development

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  1  organization serving a rural area that contains multiple

  2  economically distressed communities or neighborhoods. The

  3  representative must have experience in working to improve

  4  economic conditions in these communities or neighborhoods. The

  5  representative shall be appointed by the Governor.

  6         Section 14.  Subsection (2) of section 288.9015,

  7  Florida Statutes, is amended to read:

  8         288.9015  Enterprise Florida, Inc.; purpose; duties.--

  9         (2)  It shall be the responsibility of Enterprise

10  Florida, Inc., to aggressively market Florida's rural

11  communities, economically distressed urban communities, and

12  enterprise zones as locations for potential new investment, to

13  aggressively assist in the retention and expansion of existing

14  businesses in these communities, and to aggressively assist

15  these communities in the identification and development of new

16  economic development opportunities for job creation, fully

17  marketing and facilitating use of state incentive programs

18  such as the Qualified Target Industry Tax Refund Program under

19  s. 288.106, and the Quick Action Closing Fund under s.

20  288.1088, high-impact performance grants under s. 288.108, and

21  contracts for transportation projects under s. 288.063 in

22  economically distressed areas.

23         Section 15.  Duties of Enterprise Florida, Inc.;

24  economically distressed communities.--

25         (1)  The Legislature finds that achieving meaningful

26  economic development in the most economically distressed

27  communities in the state requires a concerted effort by state

28  and local economic-development organizations, including the

29  dedication of substantial human and financial resources by

30  such organizations. The Legislature further finds that,

31  although it is important for Enterprise Florida, Inc., to

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  1  incorporate the needs of economically distressed communities

  2  into all of its programs and activities, it is also critical

  3  that Enterprise Florida, Inc., focus special attention on such

  4  communities. It is, therefore, the intent of the Legislature

  5  that Enterprise Florida, Inc., develop and implement a

  6  comprehensive program of activities designed specifically to

  7  facilitate economic development in economically distressed

  8  communities.

  9         (2)  Enterprise Florida, Inc., shall establish a

10  programmatic unit within the organization which is dedicated

11  specifically to facilitating business formation and business

12  expansion in, as well as business relocation to, economically

13  distressed communities. One of the principal outcomes of the

14  programmatic unit should be improved economic conditions in

15  those communities in the state which have traditionally

16  experienced less economic-development activity than the

17  communities in the state which are experiencing the most

18  economic development activity.

19         (3)  In determining whether a community is appropriate

20  for assistance under this section, Enterprise Florida, Inc.,

21  shall develop and consider criteria that include, without

22  limitation, whether:

23         (a)  The state has made few or no state

24  economic-development incentive awards to businesses or

25  economic-development projects located in the community.

26         (b)  The number of new jobs created in the community

27  lags significantly behind the number of new jobs created in

28  communities in the state which are experiencing the most

29  growth and economic activity.

30         (c)  The community has a large number of abandoned

31  business properties.

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  1         (d)  The community has a high rate of unemployment or

  2  underemployment compared to the state average.

  3         (e)  The community is not currently part of a specific

  4  geographic area targeted for economic revitalization under a

  5  state or federal program, such as the enterprise zone program,

  6  or, if it is part of such an area, whether it has not

  7  experienced marked economic revitalization in the time since

  8  it was designated under the program.

  9         (4)  As part of its duties under this section,

10  Enterprise Florida, Inc., shall:

11         (a)  Establish at least seven regions around the state,

12  consistent with the strategic plan developed under section

13  288.905, Florida Statutes, and assign one new or existing

14  staff member from the organization per region to serve as a

15  representative to the region for the specific purpose of

16  coordinating activities of Enterprise Florida, Inc., designed

17  to facilitate economic development in economically distressed

18  communities within that region.

19         1.  Each regional representative shall coordinate with

20  economic-development organizations and community-development

21  organizations serving the economically distressed communities

22  in the region, as well as with state agencies that have

23  programs of potential benefit to such communities.

24         2.  Each regional representative shall regularly

25  coordinate with the business-development representatives of

26  Enterprise Florida, Inc., to ensure that prospective new,

27  expanding, or relocating businesses are provided information

28  concerning potential sites within the economically distressed

29  communities in the region.

30         3.  Each regional representative shall serve as a point

31  of contact for existing businesses in the economically

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  1  distressed communities in the region which are seeking

  2  assistance to sustain or expand business operations.

  3         4.  Enterprise Florida, Inc., shall market the

  4  existence and services of the regional representatives to

  5  local governments, businesses, economic-development

  6  organizations, and community-development organizations within

  7  the regions. At a minimum, Enterprise Florida, Inc., shall

  8  ensure that contact information for the representatives is

  9  available on the website for the organization and in pertinent

10  marketing materials for the organization.

11         5.  As part of the annual report submitted prior to

12  December 1, 2002, under section 288.906, Florida Statutes,

13  Enterprise Florida, Inc., shall include recommendations

14  concerning whether the organization should expand the use of

15  regional representatives beyond service to economically

16  distressed communities. This report shall consider whether the

17  organization should use regional representatives to conduct a

18  wide variety of business-development activities throughout the

19  region in order to enhance the organization's service to

20  businesses, economic-development organizations, and other

21  customers and to improve the organization's understanding of

22  the needs of the various regions in the state. If Enterprise

23  Florida, Inc., recommends greater use of regional

24  representatives, it shall include in the report information

25  concerning budget changes it considers necessary to implement

26  that recommendation.

27         (b)  Work with economic-development organizations and

28  community-development organizations to identify properties in

29  the economically distressed community which are suitable for

30  use by expanding or relocating businesses.

31

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  1         (c)  Market properties identified under paragraph (b)

  2  to relocating or expanding businesses.

  3         (d)  Work with Workforce Florida, Inc., and the Agency

  4  for Workforce Innovation to assess and enhance the workforce

  5  skills of individuals residing in the economically distressed

  6  community, in order to make the community more marketable to

  7  expanding or relocating businesses.

  8         (e)  Market and use, as fully as practicable, general

  9  economic-development incentives in economically distressed

10  communities, such as the tax refund program for qualified

11  target industry businesses under section 288.106, Florida

12  Statutes; high-impact performance grants under section

13  288.108, Florida Statutes; the Quick Action Closing Fund under

14  section 288.1088, Florida Statutes; and contracts for

15  transportation projects under section 288.063, Florida

16  Statutes. Enterprise Florida, Inc., also shall market and use,

17  as fully as practicable, economic-development incentives that

18  are specifically targeted toward economically distressed

19  communities, such as the Urban High-Crime Area Job Tax Credit

20  Program under section 212.097, Florida Statutes, and the Rural

21  Job Tax Credit Program under section 212.098, Florida

22  Statutes.

23         (f)  Recommend to the Legislature revisions to existing

24  economic-development incentives to promote greater use of such

25  incentives in economically distressed communities or the

26  creation of new economic-development incentives tailored to

27  such communities.

28         (g)  Develop, in consultation with the Office of

29  Program Policy Analysis and Government Accountability,

30  measures to assess the performance of Enterprise Florida,

31

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  1  Inc., under this section and to assess changes in the level of

  2  economic investment in economically distressed communities.

  3         (h)  Include, as part of the annual report submitted

  4  under section 288.906, Florida Statutes, a report of the

  5  organization's activities and performance under this section.

  6  The report must include the most recent performance data

  7  available for the measures developed under paragraph (g).

  8         (5)  In carrying out the provisions of this section,

  9  Enterprise Florida, Inc., shall consult and coordinate with

10  other agencies and organizations engaged in activities related

11  to economically distressed communities, including, without

12  limitation:

13         (a)  The Department of Community Affairs;

14         (b)  The Office of Tourism, Trade, and Economic

15  Development;

16         (c)  The Office of Urban Opportunity;

17         (d)  The Black Business Investment Board;

18         (e)  Workforce Florida, Inc.;

19         (f)  The Rural Economic Development Initiative; and

20         (g)  Small Business Development Centers.

21         (6)  Working with such organizations, Enterprise

22  Florida, Inc., shall maximize opportunities to combine and

23  leverage economic-development programs, designations, and

24  initiatives in order to secure job-creating projects for

25  economically distressed communities. Enterprise Florida, Inc.,

26  also shall maximize opportunities to reduce any administrative

27  burdens on businesses or communities relating to the services

28  provided under this section.

29         (7)  This section does not relieve Enterprise Florida,

30  Inc., of its duties under section 288.9015, Florida Statutes,

31  relating to rural communities, economically distressed urban

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  1  communities, enterprise zones, or other economically

  2  distressed communities.

  3         Section 16.  The sum of $1 million is appropriated from

  4  the General Revenue Fund to the Agency for Workforce

  5  Innovation for the purpose of implementing the

  6  Self-Employment-Assistance Loan Program under section 445.053,

  7  Florida Statutes, during the 2002-2003 fiscal year.

  8         Section 17.  Except as otherwise specifically provided

  9  in this act, this act shall take effect upon becoming a law.

10

11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                         Senate Bill 2414

13

14  The committee substitute makes the following substantive
    changes to SB 2414:
15
    1)  Expands information sharing between the Department of
16  Revenue and the Office of Tourism, Trade, and Economic
    Development with regard to certain economic development
17  programs.

18  2)  Creates a self-employment-assistance program and the
    associated Self-Employment-Assistance Loan Program.
19
    3)  Reduces the amount of retaliatory insurance taxes levied
20  by the state.

21  4)  Amends legislative intent regarding the State
    Comprehensive Plan.
22
    5)  Alters the policies and procedures of Enterprise Florida,
23  Inc., with regard to assisting economically distressed
    communities.
24

25

26

27

28

29

30

31

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