Senate Bill sb0040Ee1

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    SB 40-E                                        First Engrossed



  1                      A bill to be entitled

  2         An act relating to economic development;

  3         amending s. 288.0655, F.S.; providing for

  4         additional uses of moneys in the Rural

  5         Infrastructure Fund; amending s. 288.095, F.S.;

  6         revising terminology relating to certain

  7         incentive payment schedules; revising the due

  8         date and content for an annual report on

  9         incentives and reassigning responsibility for

10         such report to Enterprise Florida, Inc.;

11         amending s. 288.1045, F.S., relating to the tax

12         refund program for qualified defense

13         contractors; revising definitions; revising

14         conditions and procedures governing

15         applications for tax refunds; revising

16         provisions relating to the order authorizing a

17         tax refund; revising the required elements of a

18         tax refund agreement; providing an exemption

19         from mandatory loss of tax refund eligibility

20         and decertification resulting from agreement

21         breach in cases of uncontrollable economic

22         factors or specific acts of terrorism;

23         prescribing a deadline for applying for tax

24         refunds; authorizing the office to grant

25         extensions to certain application and

26         notification deadlines; revising conditions

27         under which a prorated tax refund will be

28         approved; providing for calculation of such

29         prorated refund; specifying that the section

30         does not create a presumption a claim will be

31         approved and paid; revising the agencies with


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    SB 40-E                                        First Engrossed



 1         which the office may verify information and to

 2         which the office may provide information;

 3         expanding purposes for which the office may

 4         seek assistance from certain entities;

 5         specifying that certain appropriations may not

 6         be used for any purpose other than the payment

 7         of specified tax refunds; amending s. 288.106,

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

 9         qualified target industry businesses; revising

10         requirements for application for certification

11         as such business with respect to the number of

12         current and new jobs at the business and

13         projections by the Office of Tourism, Trade,

14         and Economic Development of refunds based

15         thereon; revising requirements relating to the

16         tax refund agreement with respect to job

17         creation and the time for filing of claims for

18         refund; providing for an exemption from

19         mandatory loss of tax refund eligibility and

20         decertification resulting from agreement breach

21         in cases of uncontrollable economic factors or

22         specific acts of terrorism; revising provisions

23         relating to annual claims for refund;

24         authorizing an extension of time for signing

25         the tax refund agreement; providing an

26         application deadline; revising provisions

27         relating to the order authorizing a tax refund;

28         revising conditions under which a prorated tax

29         refund will be approved; providing for

30         calculation of such prorated tax refund;

31         specifying that the section does not create a


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    SB 40-E                                        First Engrossed



 1         presumption that a claim will be approved and

 2         paid; revising the agencies with which the

 3         office may verify information and to which the

 4         office may provide information; expanding

 5         purposes for which the office may seek

 6         assistance from certain entities; specifying

 7         that certain appropriations may not be used for

 8         any purpose other than the payment of specified

 9         tax refunds; amending ss. 212.08 and 288.108,

10         F.S.; removing references, to conform; amending

11         s. 489.111, F.S.; deleting certain educational

12         course requirements for purposes of qualifying

13         for licensure by examination as a construction

14         contractor; providing for construction of the

15         act in pari materia with laws enacted at the

16         2002 Regular Session; providing an effective

17         date.

18  

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

20  

21         Section 1.  Paragraphs (a) and (b) of subsection (2) of

22  section 288.0655, Florida Statutes, are amended to read:

23         288.0655  Rural Infrastructure Fund.--

24         (2)(a)  Funds appropriated by the Legislature shall be

25  distributed by the office through a grant programs program

26  that maximize maximizes the use of federal, local, and private

27  resources, including, but not limited to, those available

28  under the Small Cities Community Development Block Grant

29  Program.

30         (b)  To facilitate access of rural communities and

31  rural areas of critical economic concern as defined by the


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    SB 40-E                                        First Engrossed



 1  Rural Economic Development Initiative to infrastructure

 2  funding programs of the Federal Government, such as those

 3  offered by the United States Department of Agriculture and the

 4  United States Department of Commerce, and state programs,

 5  including those offered by Rural Economic Development

 6  Initiative agencies, and to facilitate local government or

 7  private infrastructure funding efforts, the office may award

 8  grants to applicants for such federal programs for up to 30

 9  percent of the total infrastructure project cost. Eligible

10  projects must be related to specific job-creation or

11  job-retention job creating opportunities. Eligible projects

12  may also include improving any inadequate infrastructure that

13  has resulted in regulatory action that prohibits economic or

14  community growth or reducing the costs to community users of

15  proposed infrastructure improvements that exceed such costs in

16  comparable communities. Eligible uses of funds shall include

17  improvements to public infrastructure for industrial or

18  commercial sites and upgrades to or development of public

19  tourism infrastructure. Authorized infrastructure may include

20  the following public or public-private partnership facilities:

21  storm water systems; telecommunications facilities; roads or

22  other remedies to transportation impediments; nature-based

23  tourism facilities; or other physical requirements necessary

24  to facilitate tourism, trade, and economic development

25  activities in the community. Authorized infrastructure may

26  also include publicly owned self-powered nature-based tourism

27  facilities and additions to the distribution facilities of the

28  existing natural gas utility as defined in s. 366.04(3)(c),

29  the existing electric utility as defined in s. 366.02, or the

30  existing water or wastewater utility as defined in s.

31  367.021(12), or any other existing water or wastewater


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    SB 40-E                                        First Engrossed



 1  facility, which owns a gas or electric distribution system or

 2  a water or wastewater system in this state where:

 3         1.  A contribution-in-aid of construction is required

 4  to serve public or public-private partnership facilities under

 5  the tariffs of any natural gas, electric, water, or wastewater

 6  utility as defined herein; and

 7         2.  Such utilities as defined herein are willing and

 8  able to provide such service.

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

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

11         288.095  Economic Development Trust Fund.--

12         (3)

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

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

15  Development based on actual project performance may not exceed

16  the amount appropriated to the Economic Development Incentives

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

18  the Legislature does not appropriate an amount sufficient to

19  satisfy estimates projections by the office for tax refunds

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

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

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

23  claim which shall be paid by dividing the amount appropriated

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

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

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

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

28  funds remain in the Economic Development Incentives Account

29  for tax refunds, the office shall recalculate the proportion

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

31  accordingly.


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    SB 40-E                                        First Engrossed



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

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

 3  Economic Development shall submit a complete and detailed

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

 5  Speaker of the House of Representatives, and the director of

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

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

 8  VII of this chapter, of all applications received,

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

10  Economic Development, final decisions issued, tax refund

11  agreements executed, and tax refunds paid or other payments

12  made under all programs funded out of the Economic Development

13  Incentives Account, including analyses of benefits and costs,

14  types of projects supported, and employment and investment

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

16  Trade, and Economic Development shall also include a separate

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

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

19  brownfield areas, and distressed urban communities. By

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

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

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

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

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

25  discuss whether the authority and moneys appropriated by the

26  Legislature to the Economic Development Incentives Account

27  were managed and expended in a prudent, fiducially sound

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

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

30  data related to business performance and incentive payments.

31  


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    SB 40-E                                        First Engrossed



 1         Section 3.  Section 288.1045, Florida Statutes, is

 2  amended to read:

 3         288.1045  Qualified defense contractor tax refund

 4  program.--

 5         (1)  DEFINITIONS.--As used in this section:

 6         (a)  "Consolidation of a Department of Defense

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

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

 9  contracts either from outside this state or from inside and

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

11  facilities inside this state.

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

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

14  standard metropolitan area in which the business unit is

15  located.

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

17  valid Department of Defense contract or any business entity

18  that is a subcontractor under a valid Department of Defense

19  contract or any business entity that holds a valid contract

20  for the reuse of a defense-related facility, including all

21  members of an affiliated group of corporations as defined in

22  s. 220.03(1)(b).

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

24  Economic Development.

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

26  competitively bid Department of Defense contract or

27  subcontract or a competitively bid federal agency contract or

28  subcontract issued on behalf of the Department of Defense for

29  manufacturing, assembling, fabricating, research, development,

30  or design with a duration of 2 or more years, but excluding

31  any contract or subcontract to provide goods, improvements to


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    SB 40-E                                        First Engrossed



 1  real or tangible property, or services directly to or for any

 2  particular military base or installation in this state. The

 3  term includes contracts or subcontracts for products or

 4  services for military use which contracts or subcontracts are

 5  approved by the United States Department of Defense, the

 6  United States Department of State, or the United States Coast

 7  Guard.

 8         (f)  "New Department of Defense contract" means a

 9  Department of Defense contract entered into after the date

10  application for certification as a qualified applicant is made

11  and after January 1, 1994.

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

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

14  Workforce Innovation Department of Labor and Employment

15  Security for the purpose of unemployment compensation tax,

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

17  does not include temporary construction jobs involved with the

18  construction of facilities for the project.

19         (h)  "Nondefense production jobs" means employment

20  exclusively for activities that, directly or indirectly, are

21  unrelated to the Department of Defense.

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

23  state under a new Department of Defense contract,

24  consolidation of a Department of Defense contract, or

25  conversion of defense production jobs over to nondefense

26  production jobs or reuse of defense-related facilities.

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

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

29  pursuant to this section.

30         (k)  "Director" means the director of the Office of

31  Tourism, Trade, and Economic Development.


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    SB 40-E                                        First Engrossed



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

 2  220.03(1)(z).

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

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

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

 6  Workforce Innovation Department of Labor and Employment

 7  Security for unemployment compensation purposes or means a

 8  subcategory or division of an employing unit that is accepted

 9  by the Agency for Workforce Innovation Department of Labor and

10  Employment Security as a reporting unit.

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

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

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

14  annual tax refund for a qualified applicant. Local financial

15  support may include excess payments made to a utility company

16  under a designated program to allow decreases in service by

17  the utility company under conditions, regardless of when

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

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

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

21  directly or indirectly, state funds appropriated from the

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

23  revenues shared with local governments pursuant to law.

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

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

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

27  research, development, or design of tangible personal

28  property, but excluding any contract to provide goods,

29  improvements to real or tangible property, or services

30  directly to or for any particular military base or

31  installation in this state. Such facility must be located


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    SB 40-E                                        First Engrossed



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

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

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

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

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

 6  defense-related facility may not include any contract for

 7  reuse of such facility for any Department of Defense contract

 8  for manufacturing, assembling, fabricating, research,

 9  development, or design.

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

11  the option to exercise an exemption from the local financial

12  support requirement available to any applicant whose project

13  is located in a county designated by the Rural Economic

14  Development Initiative, if the county commissioners of the

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

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

17  local financial support requirement. Any applicant that

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

19  of the total tax refunds allowed such applicant under this

20  section.

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

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

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

24  the amount of eligible taxes certified by the director which

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

26  refunds for all fiscal years for each qualified applicant

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

28  amount of a refund to a qualified applicant shall be

29  determined pursuant to subsection (5).

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

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


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    SB 40-E                                        First Engrossed



 1  provided in the tax refund agreement pursuant to subparagraph

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

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

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

 5  fiscal year, provided that no qualified applicant may receive

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

 7  in any fiscal year.

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

 9  $7.5 million in tax refunds pursuant to this section in all

10  fiscal years.

11         (d)  Contingent upon an annual appropriation by the

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

13  than the amount appropriated to the Economic Development Trust

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

15  (5) and s. 288.095.

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

17  director shall set aside 30 percent of the amount appropriated

18  for refunds pursuant to this section by the Legislature to

19  provide tax refunds only to qualified applicants who employ

20  500 or fewer full-time employees in this state. Any

21  unencumbered funds remaining undisbursed from this set-aside

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

23  refunds for any qualified applicants pursuant to this section.

24         (f)  After entering into a tax refund agreement

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

26  refunds from the Economic Development Trust Fund for the

27  following taxes due and paid by the qualified applicant

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

29  after entering into the agreement:

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

31  pursuant to chapter 212.


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    SB 40-E                                        First Engrossed



 1         2.  Corporate income taxes paid pursuant to chapter

 2  220.

 3         3.  Intangible personal property taxes paid pursuant to

 4  chapter 199.

 5         4.  Emergency excise taxes paid pursuant to chapter

 6  221.

 7         5.  Excise taxes paid on documents pursuant to chapter

 8  201.

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

10  220.03(1)(a) on June 1, 1996.

11  

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

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

14  exemption granted such contractor for any of such taxes. If a

15  refund for such taxes is provided by the office, which taxes

16  are subsequently adjusted by the application of any credit,

17  refund, or exemption granted to the qualified applicant other

18  than that provided in this section, the qualified applicant

19  shall reimburse the Economic Development Trust Fund for the

20  amount of such credit, refund, or exemption. A qualified

21  applicant must notify and tender payment to the office within

22  20 days after receiving a credit, refund, or exemption, other

23  than that provided in this section.

24         (g)  Any qualified applicant who fraudulently claims

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

26  Economic Development Trust Fund plus a mandatory penalty of

27  200 percent of the tax refund which shall be deposited into

28  the General Revenue Fund. Any qualified applicant who

29  fraudulently claims this refund commits a felony of the third

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

31  s. 775.084.


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    SB 40-E                                        First Engrossed



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

 2  not be expended in connection with the relocation of a

 3  business from one community to another community in this state

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

 5  determines that without such relocation the business will move

 6  outside this state or determines that the business has a

 7  compelling economic rationale for the relocation which creates

 8  additional jobs.

 9         (3)  APPLICATION PROCESS; REQUIREMENTS; AGENCY

10  DETERMINATION.--

11         (a)  To apply for certification as a qualified

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

13  application with the office which satisfies the requirements

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

15  paragraphs (d) and (e). An applicant may not apply for

16  certification pursuant to this section after a proposal has

17  been submitted for a new Department of Defense contract, after

18  the applicant has made the decision to consolidate an existing

19  Department of Defense contract in this state for which such

20  applicant is seeking certification, or after the applicant has

21  made the decision to convert defense production jobs to

22  nondefense production jobs for which such applicant is seeking

23  certification.

24         (b)  Applications for certification based on the

25  consolidation of a Department of Defense contract or a new

26  Department of Defense contract must be submitted to the office

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

28  limited to, the following 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.


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    SB 40-E                                        First Engrossed



 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 to be consolidated, the new Department of Defense

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

 8  of Defense contract.

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

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

11  is expected to expire.

12         5.  The commencement date for project operations under

13  the contract in this state.

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

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

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

17  average wage of such jobs.

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

19  employed by the applicant in this state.

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

21  derived from Department of Defense contracts during the 5

22  taxable years immediately preceding the date the application

23  is submitted.

24         9.  The amount of:

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

26  pursuant to chapter 212;

27         b.  Corporate income taxes paid pursuant to chapter

28  220;

29         c.  Intangible personal property taxes paid pursuant to

30  chapter 199;

31  


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    SB 40-E                                        First Engrossed



 1         d.  Emergency excise taxes paid pursuant to chapter

 2  221;

 3         e.  Excise taxes paid on documents pursuant to chapter

 4  201; and

 5         f.  Ad valorem taxes paid

 6  

 7  during the 5 fiscal years immediately preceding the date of

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

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

10  the application.

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

12  for in each fiscal year.

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

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

15  applicant.

16         12.  A resolution adopted by the county commissioners

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

18  recommends the applicant be approved as a qualified applicant,

19  and which indicates that the necessary commitments of local

20  financial support for the applicant exist. Prior to the

21  adoption of the resolution, the county commission may review

22  the proposed public or private sources of such support and

23  determine whether the proposed sources of local financial

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

25  located in a county designated by the Rural Economic

26  Development Initiative, a resolution adopted by the county

27  commissioners of such county requesting that the applicant's

28  project be exempt from the local financial support

29  requirement.

30         13.  Any additional information requested by the

31  office.


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    SB 40-E                                        First Engrossed



 1         (c)  Applications for certification based on the

 2  conversion of defense production jobs to nondefense production

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

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

 5  information:

 6         1.  The applicant's federal employer identification

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

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

 9         2.  The permanent location of the manufacturing,

10  assembling, fabricating, research, development, or design

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

12  located.

13         3.  The Department of Defense contract numbers of the

14  contract under which the defense production jobs will be

15  converted to nondefense production jobs.

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

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

18  canceled.

19         5.  The commencement date for the nondefense production

20  operations in this state.

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

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

23  the nondefense production project as of December 31 of each

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

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

26  employed by the applicant in this state.

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

28  derived from Department of Defense contracts during the 5

29  taxable years immediately preceding the date the application

30  is submitted.

31         9.  The amount of:


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    SB 40-E                                        First Engrossed



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

 2  pursuant to chapter 212;

 3         b.  Corporate income taxes paid pursuant to chapter

 4  220;

 5         c.  Intangible personal property taxes paid pursuant to

 6  chapter 199;

 7         d.  Emergency excise taxes paid pursuant to chapter

 8  221;

 9         e.  Excise taxes paid on documents pursuant to chapter

10  201; and

11         f.  Ad valorem taxes paid

12  

13  during the 5 fiscal years immediately preceding the date of

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

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

16  the application.

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

18  for in each fiscal year.

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

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

21  applicant.

22         12.  A resolution adopted by the county commissioners

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

24  recommends the applicant be approved as a qualified applicant,

25  and which indicates that the necessary commitments of local

26  financial support for the applicant exist. Prior to the

27  adoption of the resolution, the county commission may review

28  the proposed public or private sources of such support and

29  determine whether the proposed sources of local financial

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

31  located in a county designated by the Rural Economic


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    SB 40-E                                        First Engrossed



 1  Development Initiative, a resolution adopted by the county

 2  commissioners of such county requesting that the applicant's

 3  project be exempt from the local financial support

 4  requirement.

 5         13.  Any additional information requested by the

 6  office.

 7         (d)  Applications for certification based on a contract

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

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

10  are not limited to, the following information:

11         1.  The applicant's Florida sales tax registration

12  number and a notarized signature of an officer of the

13  applicant.

14         2.  The permanent location of the manufacturing,

15  assembling, fabricating, research, development, or design

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

17  located.

18         3.  The business entity holding a valid Department of

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

20  States that previously occupied the facility, and the date

21  such entity last occupied the facility.

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

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

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

25  facility.

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

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

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

29         6.  The commencement date for project operations under

30  the contract in this state.

31  


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    SB 40-E                                        First Engrossed



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

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

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

 4  average wage of such jobs.

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

 6  employed by the applicant in this state.

 7         9.  The amount of:

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

 9  pursuant to chapter 212.

10         b.  Corporate income taxes paid pursuant to chapter

11  220.

12         c.  Intangible personal property taxes paid pursuant to

13  chapter 199.

14         d.  Emergency excise taxes paid pursuant to chapter

15  221.

16         e.  Excise taxes paid on documents pursuant to chapter

17  201.

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

19  immediately preceding the date of the application, and the

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

21  years immediately following the date of the application.

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

23  for in each fiscal year.

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

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

26  applicant.

27         12.  A resolution adopted by the county commissioners

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

29  recommends the applicant be approved as a qualified applicant,

30  and which indicates that the necessary commitments of local

31  financial support for the applicant exist. Prior to the


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    SB 40-E                                        First Engrossed



 1  adoption of the resolution, the county commission may review

 2  the proposed public or private sources of such support and

 3  determine whether the proposed sources of local financial

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

 5  located in a county designated by the Rural Economic

 6  Development Initiative, a resolution adopted by the county

 7  commissioners of such county requesting that the applicant's

 8  project be exempt from the local financial support

 9  requirement.

10         13.  Any additional information requested by the

11  office.

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

13  application of an applicant must, at a minimum, establish the

14  following to the satisfaction of the office:

15         1.  The jobs proposed to be provided under the

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

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

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

19  project is to be located.

20         2.  The consolidation of a Department of Defense

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

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

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

24  facilities in this state.

25         3.  The conversion of defense production jobs to

26  nondefense production jobs must result in net increases in

27  nondefense employment at the applicant's facilities in this

28  state.

29         4.  The Department of Defense contract cannot allow the

30  business to include the costs of relocation or retooling in

31  


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    SB 40-E                                        First Engrossed



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

 2  contract.

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

 4  not less than 60 70 percent of its gross receipts in this

 5  state from Department of Defense contracts over the

 6  applicant's last fiscal year, and must have derived not less

 7  than an average of 60 80 percent of its gross receipts in this

 8  state from Department of Defense contracts over the 5 years

 9  preceding the date an application is submitted pursuant to

10  this section. This subparagraph does not apply to any

11  application for certification based on a contract for reuse of

12  a defense-related facility.

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

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

15         (f)  Each application meeting the requirements of

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

17  (d) and (e) must be submitted to the office for a

18  determination of eligibility. The office shall review,

19  evaluate, and score each application based on, but not limited

20  to, the following criteria:

21         1.  Expected contributions to the state strategic

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

23  taking into account the extent to which the project

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

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

26  state's economy.

27         2.  The economic benefit of the jobs created or

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

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

30  potential risk to existing jobs.

31  


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    SB 40-E                                        First Engrossed



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

 2  applicant in this state.

 3         4.  The local commitment and support for the project

 4  and applicant.

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

 6  taking into account the unemployment rate for the county where

 7  the project will be located.

 8         6.  The dependence of the local community on the

 9  defense industry.

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

11  this section on the viability of the project and the

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

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

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

15  growth and employment in this state.

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

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

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

19  evaluation on each application meeting the requirements of

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

21  (d) and (e) to the director within 60 calendar days after of

22  receipt of a complete application. The office shall notify

23  each applicant when its application is complete, and when the

24  60-day period begins. In its written report to the director,

25  the office shall specifically address each of the factors

26  specified in paragraph (f), and shall make a specific

27  assessment with respect to the minimum requirements

28  established in paragraph (e). The office shall include in its

29  report projections of the tax refunds the applicant would be

30  eligible to receive refund claims that will be sought by the

31  applicant in each fiscal year based on the creation and


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    SB 40-E                                        First Engrossed



 1  maintenance of the net new Florida jobs specified in

 2  subparagraphs (b)6., (c)6., or (d)7. as of December 31 of the

 3  preceding state fiscal year information submitted in the

 4  application.

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

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

 7  certification which enter a final order that either approves

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

 9  and provide the justifications for either approval or

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

11  written agreement with the qualified applicant pursuant to

12  subsection (4).

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

14  that certifies any applicant as a qualified applicant when the

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

16  certification final order exceeds the available amount of

17  authority to certify new businesses enter final orders as

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

19  order that approves an application must specify the maximum

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

21  contractor for in each fiscal year and the total amount of tax

22  refunds for all fiscal years.

23         (j)  This section does not create a presumption that an

24  applicant should receive any tax refunds under this section.

25         (4)  QUALIFIED DEFENSE CONTRACTOR TAX REFUND

26  AGREEMENT.--

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

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

29  following:

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

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


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    SB 40-E                                        First Engrossed



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

 2  definitions that will apply for measuring the achievement of

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

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

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

 6  information contained in the application submitted by the

 7  contractor pursuant to subsection (3).

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

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

10  based on the job creation or retention and maintenance

11  schedule specified in subparagraph 1.

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

13  review and verify the financial and personnel records of the

14  qualified applicant to ascertain whether the qualified

15  applicant is complying with the requirements of this section.

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

17  qualified applicant may file a an annual claim pursuant to

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

19  following fiscal year.

20         5.  That local financial support shall be annually

21  available and will be paid to the Economic Development Trust

22  Fund.

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

24  agreement is a condition precedent for receipt of tax refunds

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

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

27  receipt of all tax refunds previously authorized pursuant to

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

29  qualified applicant by the director, unless the qualified

30  applicant is eligible to receive and elects to accept a

31  


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    SB 40-E                                        First Engrossed



 1  prorated refund under paragraph (5)(g) or the office grants

 2  the qualified applicant an economic-stimulus exemption.

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

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

 5  request must provide quantitative evidence demonstrating how

 6  negative economic conditions in the qualified applicant's

 7  industry, or specific acts of terrorism affecting the

 8  qualified applicant, have prevented the qualified applicant

 9  from complying with the terms and conditions of its tax refund

10  agreement.

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

12  the director shall have 45 days to notify the requesting

13  qualified applicant, in writing, if its exemption has been

14  granted or denied. In determining if an exemption should be

15  granted, the director shall consider the extent to which

16  negative economic conditions in the requesting qualified

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

18  the qualified applicant, have prevented the qualified

19  applicant from complying with the terms and conditions of its

20  tax refund agreement.

21         3.  As a condition for receiving a prorated refund

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

23  this paragraph, a qualified applicant must agree to

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

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

26  current law and office procedures governing application for

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

28  prorated refund or granting an economic-stimulus exemption,

29  the office shall renegotiate the tax refund agreement with the

30  qualified applicant as required by this subparagraph. When

31  amending the agreement of a qualified applicant receiving an


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    SB 40-E                                        First Engrossed



 1  economic-stimulus exemption, the office may extend the

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

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

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

 5  refund claim scheduled to be submitted after January 1, 2001,

 6  but before July 1, 2003.

 7         5.  A qualified applicant that receives an

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

 9  the period covered by the exemption.

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

11  the authorized officer of the qualified applicant.

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

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

14  points:

15  

16         "This agreement is neither a general obligation

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

18         the full faith and credit of the State of

19         Florida. Payment of tax refunds are conditioned

20         on and subject to specific annual

21         appropriations by the Florida Legislature of

22         funds sufficient to pay amounts authorized in

23         s. 288.1045, Florida Statutes."

24  

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

26  CONTRACTOR.--

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

28  qualified applicants who have entered into a written agreement

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

30  entered into a valid new Department of Defense contract,

31  commenced the consolidation of a Department of Defense


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    SB 40-E                                        First Engrossed



 1  contract, commenced the conversion of defense production jobs

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

 3  valid contract for reuse of a defense-related facility must

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

 5  for tax refunds scheduled to be paid from the appropriation

 6  for the fiscal year that begins on July 1 following the

 7  January 31 claims-submission date. The office may, upon

 8  written request, grant a 30-day extension of the filing date.

 9  The application must be made on or after the date contained in

10  the agreement entered into pursuant to subsection (4) and must

11  include a notarized signature of an officer of the applicant.

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

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

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

15  achieving each performance item contained in the tax refund

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

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

18  year in the written agreement entered pursuant to subsection

19  (4).

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

21  applicant unless local financial support has been paid to the

22  Economic Development Trust Fund for in that refund fiscal

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

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

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

26  support received. Funding from local sources includes tax

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

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

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

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

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


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    SB 40-E                                        First Engrossed



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

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

 3  paid to the Economic Development Trust Fund.

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

 5  Department of Revenue, and the Agency for Workforce Innovation

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

 7  following the scheduled date for submitting the tax-refund

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

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

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

11  qualified applicant for the fiscal year in a written final

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

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

14  extension of this date upon the request of the qualified

15  applicant for the purpose of filing additional information in

16  support of the claim.

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

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

19  the amount appropriated to the Economic Development Trust Fund

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

21  not appropriate an amount sufficient to satisfy projections by

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

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

24  proportion of each refund claim which shall be paid by

25  dividing the amount appropriated for tax refunds for the

26  fiscal year by the projected total amount of refund claims for

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

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

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

30  Economic Development Trust Fund for tax refunds, the director

31  


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    SB 40-E                                        First Engrossed



 1  shall recalculate the proportion for each refund claim and

 2  adjust the amount of each claim accordingly.

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

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

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

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

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

 8  qualified applicant until the conclusion of all appeals of the

 9  written final order.

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

11  shall be approved for a qualified applicant provided all other

12  applicable requirements have been satisfied and the applicant

13  proves to the satisfaction of the director that it has

14  achieved at least 80 percent of its projected employment and

15  that the average wage paid by the qualified applicant is at

16  least 90 percent of the average wage specified in the tax

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

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

19  of certification. The prorated tax refund shall be calculated

20  by multiplying the tax refund amount for which the qualified

21  applicant would have been eligible, if all applicable

22  requirements had been satisfied, by the percentage of the

23  average employment specified in the tax refund agreement which

24  was achieved, and by the percentage of the average wages

25  specified in the tax refund agreement which was achieved.

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

27  tax refund claim will be approved and paid.

28         (6)  ADMINISTRATION.--

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

30  for the administration of this section.

31  


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    SB 40-E                                        First Engrossed



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

 2  claim submitted for tax credits under this section with regard

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

 4  the appropriate agency or authority including the Department

 5  of Revenue, the Agency for Workforce Innovation Department of

 6  Labor and Employment Security, or any local government or

 7  authority.

 8         (c)  To facilitate the process of monitoring and

 9  auditing applications made under this program, the office may

10  provide a list of qualified applicants to the Department of

11  Revenue, to the Agency for Workforce Innovation Department of

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

13  authority. The office may request the assistance of said

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

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

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

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

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

19  Representatives of all tax refunds paid under this section,

20  including analyses of benefits and costs, types of projects

21  supported, employment and investment created, geographic

22  distribution of tax refunds granted, and minority business

23  participation.  The report must indicate whether the moneys

24  appropriated by the Legislature to the qualified applicant tax

25  refund program were expended in a prudent, fiducially sound

26  manner.

27         (e)  Funds specifically appropriated for the tax refund

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

29  other than the payment of tax refunds authorized by this

30  section.

31  


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    SB 40-E                                        First Engrossed



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

 2  qualified under this section after June 30, 2004.

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

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

 5  subsections (5), (6), and (7) of section 288.106, Florida

 6  Statutes, are amended to read:

 7         288.106  Tax refund program for qualified target

 8  industry businesses.--

 9         (3)  APPLICATION AND APPROVAL PROCESS.--

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

11  industry business under this section, the business must file

12  an application with the office before the business has made

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

14  the business had made the decision to expand an existing

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

16  not limited to, the following information:

17         1.  The applicant's federal employer identification

18  number and the applicant's state sales tax registration

19  number.

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

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

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

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

24  for all activities included in the project.

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

26  jobs at the qualified target industry business as of December

27  31 of each year included in this state that are or will be

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

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

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

31  


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    SB 40-E                                        First Engrossed



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

 2  business activity or product.

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

 4  employed by the applicant in this state.

 5         6.  The anticipated commencement date of the project.

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

 7  refunds requested will play in the decision of the applicant

 8  to locate or expand in this state.

 9         8.  An estimate of the proportion of the sales

10  resulting from the project that will be made outside this

11  state.

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

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

14  which resolution recommends that certain types of businesses

15  be approved as a qualified target industry business and states

16  that the commitments of local financial support necessary for

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

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

19  letter from an authorized local economic development agency

20  that endorses the proposed target industry project and pledges

21  that sources of local financial support for such project

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

23  support under this subsection, the authorized local economic

24  development agency shall be officially designated by the

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

26  authority.

27         10.  Any additional information requested by the

28  office.

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

30  evaluation concerning each application meeting the

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


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    SB 40-E                                        First Engrossed



 1  calendar days after receipt of a complete application. The

 2  office shall notify each target industry business when its

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

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

 5  office shall specifically address each of the factors

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

 7  assessment with respect to the minimum requirements

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

 9  report projections of the tax refunds the business would be

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

11  target industry business in each fiscal year based on the

12  creation and maintenance of the net new Florida jobs specified

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

14  fiscal year information submitted in the application.

15         (4)  TAX REFUND AGREEMENT.--

16         (a)  Each qualified target industry business must enter

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

18  minimum:

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

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

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

22  measuring the achievement of these terms during the pendency

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

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

25  information must be the same as the information contained in

26  the application submitted by the business under subsection

27  (3).

28         2.  The maximum amount of tax refunds which the

29  qualified target industry business is eligible to receive on

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

31  qualified target industry business is eligible to receive for


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    SB 40-E                                        First Engrossed



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

 2  schedule specified in subparagraph 1.

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

 4  and personnel records of the qualified target industry

 5  business to ascertain whether that business is in compliance

 6  with this section.

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

 8  qualified target industry business may file a an annual claim

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

10  in the following fiscal year.

11         5.  That local financial support will be annually

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

13  not enter into a written agreement with a qualified target

14  industry business if the local financial support resolution is

15  not passed by the local governing authority within 90 days

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

17  subsection (3).

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

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

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

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

22  eligibility for receipt of all tax refunds previously

23  authorized under this section and the revocation by the

24  director of the certification of the business entity as a

25  qualified target industry business, unless the business is

26  eligible to receive and elects to accept a prorated refund

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

28  economic-stimulus exemption.

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

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

31  exemption. The request must provide quantitative evidence


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    SB 40-E                                        First Engrossed



 1  demonstrating how negative economic conditions in the

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

 3  the qualified target industry business, have prevented the

 4  business from complying with the terms and conditions of its

 5  tax refund agreement.

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

 7  the director shall have 45 days to notify the requesting

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

 9  denied. In determining if an exemption should be granted, the

10  director shall consider the extent to which negative economic

11  conditions in the requesting business's industry, or specific

12  acts of terrorism affecting the qualified target industry

13  business, have prevented the business from complying with the

14  terms and conditions of its tax refund agreement.

15         3.  As a condition for receiving a prorated refund

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

17  this paragraph, a qualified target industry business must

18  agree to renegotiate its tax refund agreement with the office

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

20  comply with current law and office procedures governing

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

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

23  exemption, the office shall renegotiate the tax refund

24  agreement with the business as required by this subparagraph.

25  When amending the agreement of a business receiving an

26  economic-stimulus exemption, the office may extend the

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

28         4.  A qualified target industry business may submit a

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

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

31  January 1, 2001, but before July 1, 2003.


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    SB 40-E                                        First Engrossed



 1         5.  A qualified target industry business that receives

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

 3  for the period covered by the exemption.

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

 5  by an authorized officer of the qualified target industry

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

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

 8  receipt of the resolution of local financial support. The

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

10  request of the qualified target industry business.

11         (5)  ANNUAL CLAIM FOR REFUND.--

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

13  a qualified target industry business that has entered into a

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

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

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

17  appropriation for the fiscal year that begins on July 1

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

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

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

21  specified in that agreement.

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

23  industry business must include a copy of all receipts

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

25  sought and data related to achievement of each performance

26  item specified in the tax refund agreement. The amount

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

28  for the relevant that fiscal year in that agreement.

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

30  target industry business unless the required local financial

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


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    SB 40-E                                        First Engrossed



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

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

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

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

 5  financial support received. Further, funding from local

 6  sources includes any tax abatement granted to that business

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

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

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

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

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

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

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

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

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

16  when such support is paid to the account.

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

18  shall be approved for a qualified target industry business

19  provided all other applicable requirements have been satisfied

20  and the business proves to the satisfaction of the director

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

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

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

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

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

26  of certification, or 150 percent or 200 percent of the average

27  private-sector wage if the business requested the additional

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

29  above those levels. The prorated tax refund shall be

30  calculated by multiplying the tax refund amount for which the

31  qualified target industry business would have been eligible,


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    SB 40-E                                        First Engrossed



 1  if all applicable requirements had been satisfied, by the

 2  percentage of the average employment specified in the tax

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

 4  the average wages specified in the tax refund agreement which

 5  was achieved.

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

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

 8  Agency for Workforce Innovation Department of Labor and

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

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

11  written final order the approval or disapproval of the tax

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

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

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

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

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

17  the request of the qualified target industry business for the

18  purpose of filing additional information in support of the

19  claim.

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

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

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

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

24  tax refund claim will be approved and paid.

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

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

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

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

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

30  industry business until the conclusion of all appeals of that

31  order.


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    SB 40-E                                        First Engrossed



 1         (6)  ADMINISTRATION.--

 2         (a)  The office is authorized to verify information

 3  provided in any claim submitted for tax credits under this

 4  section with regard to employment and wage levels or the

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

 6  including the Department of Revenue, the Agency for Workforce

 7  Innovation Department of Labor and Employment Security, or any

 8  local government or authority.

 9         (b)  To facilitate the process of monitoring and

10  auditing applications made under this program, the office may

11  provide a list of qualified target industry businesses to the

12  Department of Revenue, to the Agency for Workforce Innovation

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

14  government or authority. The office may request the assistance

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

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

17         (c)  Funds specifically appropriated for the tax refund

18  program for qualified target industry businesses may not be

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

20  authorized by this section.

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

22         Section 5.  Paragraph (j) of subsection (5) of section

23  212.08, Florida Statutes, is amended to read:

24         212.08  Sales, rental, use, consumption, distribution,

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

26  the rental, the use, the consumption, the distribution, and

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

28  following are hereby specifically exempt from the tax imposed

29  by this chapter.

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

31  


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    SB 40-E                                        First Engrossed



 1         (j)  Machinery and equipment used in semiconductor,

 2  defense, or space technology production and research and

 3  development.--

 4         1.a.  Industrial machinery and equipment used in

 5  semiconductor technology facilities certified under

 6  subparagraph 6. to manufacture, process, compound, or produce

 7  semiconductor technology products for sale or for use by these

 8  facilities are exempt from the tax imposed by this chapter.

 9  For purposes of this paragraph, industrial machinery and

10  equipment includes molds, dies, machine tooling, other

11  appurtenances or accessories to machinery and equipment,

12  testing equipment, test beds, computers, and software, whether

13  purchased or self-fabricated, and, if self-fabricated,

14  includes materials and labor for design, fabrication, and

15  assembly.

16         b.  Industrial machinery and equipment used in defense

17  or space technology facilities certified under subparagraph 6.

18  to manufacture, process, compound, or produce defense

19  technology products or space technology products for sale or

20  for use by these facilities are exempt from 25 percent of the

21  tax imposed by this chapter.

22         2.a.  Machinery and equipment are exempt from the tax

23  imposed by this chapter if used predominately in semiconductor

24  wafer research and development activities in a semiconductor

25  technology research and development facility certified under

26  subparagraph 6. For purposes of this paragraph, machinery and

27  equipment includes molds, dies, machine tooling, other

28  appurtenances or accessories to machinery and equipment,

29  testing equipment, test beds, computers, and software, whether

30  purchased or self-fabricated, and, if self-fabricated,

31  


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    SB 40-E                                        First Engrossed



 1  includes materials and labor for design, fabrication, and

 2  assembly.

 3         b.  Machinery and equipment are exempt from 25 percent

 4  of the tax imposed by this chapter if used predominately in

 5  defense or space research and development activities in a

 6  defense or space technology research and development facility

 7  certified under subparagraph 6.

 8         3.  Building materials purchased for use in

 9  manufacturing or expanding clean rooms in

10  semiconductor-manufacturing facilities are exempt from the tax

11  imposed by this chapter.

12         4.  In addition to meeting the criteria mandated by

13  subparagraph 1., subparagraph 2., or subparagraph 3., a

14  business must be certified by the Office of Tourism, Trade,

15  and Economic Development as authorized in this paragraph in

16  order to qualify for exemption under this paragraph.

17         5.  For items purchased tax exempt pursuant to this

18  paragraph, possession of a written certification from the

19  purchaser, certifying the purchaser's entitlement to exemption

20  pursuant to this paragraph, relieves the seller of the

21  responsibility of collecting the tax on the sale of such

22  items, and the department shall look solely to the purchaser

23  for recovery of tax if it determines that the purchaser was

24  not entitled to the exemption.

25         6.a.  To be eligible to receive the exemption provided

26  by subparagraph 1., subparagraph 2., or subparagraph 3., a

27  qualifying business entity shall apply to Enterprise Florida,

28  Inc. The application shall be developed by the Office of

29  Tourism, Trade, and Economic Development in consultation with

30  Enterprise Florida, Inc.

31  


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    SB 40-E                                        First Engrossed



 1         b.  Enterprise Florida, Inc., shall review each

 2  submitted application and information and determine whether or

 3  not the application is complete within 5 working days. Once an

 4  application is complete, Enterprise Florida, Inc., shall,

 5  within 10 working days, evaluate the application and recommend

 6  approval or disapproval of the application to the Office of

 7  Tourism, Trade, and Economic Development.

 8         c.  Upon receipt of the application and recommendation

 9  from Enterprise Florida, Inc., the Office of Tourism, Trade,

10  and Economic Development shall certify within 5 working days

11  those applicants who are found to meet the requirements of

12  this section and notify the applicant, Enterprise Florida,

13  Inc., and the department of the certification. If the Office

14  of Tourism, Trade, and Economic Development finds that the

15  applicant does not meet the requirements of this section, it

16  shall notify the applicant and Enterprise Florida, Inc.,

17  within 10 working days that the application for certification

18  has been denied and the reasons for denial. The Office of

19  Tourism, Trade, and Economic Development has final approval

20  authority for certification under this section.

21         7.a.  A business may apply once each year for the

22  exemption.

23         b.  The application must indicate, for program

24  evaluation purposes only, the average number of full-time

25  equivalent employees at the facility over the preceding

26  calendar year, the average wage and benefits paid to those

27  employees over the preceding calendar year, the total

28  investment made in real and tangible personal property over

29  the preceding calendar year, and the total value of tax-exempt

30  purchases and taxes exempted during the previous year. The

31  department shall assist the Office of Tourism, Trade, and


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    SB 40-E                                        First Engrossed



 1  Economic Development in evaluating and verifying information

 2  provided in the application for exemption.

 3         c.  The Office of Tourism, Trade, and Economic

 4  Development may use the information reported on the

 5  application for evaluation purposes only and shall prepare an

 6  annual report on the exemption program and its cost and

 7  impact. The annual report for the preceding fiscal year shall

 8  be submitted to the Governor, the President of the Senate, and

 9  the Speaker of the House of Representatives by September 30 of

10  each fiscal year. This report may be submitted in conjunction

11  with the annual report required in s. 288.095(3)(c).

12         8.  A business certified to receive this exemption may

13  elect to designate one or more state universities or community

14  colleges as recipients of up to 100 percent of the amount of

15  the exemption for which they may qualify. To receive these

16  funds, the institution must agree to match the funds so earned

17  with equivalent cash, programs, services, or other in-kind

18  support on a one-to-one basis in the pursuit of research and

19  development projects as requested by the certified business.

20  The rights to any patents, royalties, or real or intellectual

21  property must be vested in the business unless otherwise

22  agreed to by the business and the university or community

23  college.

24         9.  As used in this paragraph, the term:

25         a.  "Predominately" means at least 50 percent of the

26  time in qualifying research and development.

27         b.  "Research and development" means basic and applied

28  research in the science or engineering, as well as the design,

29  development, and testing of prototypes or processes of new or

30  improved products. Research and development does not include

31  market research, routine consumer product testing, sales


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    SB 40-E                                        First Engrossed



 1  research, research in the social sciences or psychology,

 2  nontechnological activities, or technical services.

 3         c.  "Semiconductor technology products" means raw

 4  semiconductor wafers or semiconductor thin films that are

 5  transformed into semiconductor memory or logic wafers,

 6  including wafers containing mixed memory and logic circuits;

 7  related assembly and test operations; active-matrix flat panel

 8  displays; semiconductor chips; semiconductor lasers;

 9  optoelectronic elements; and related semiconductor technology

10  products as determined by the Office of Tourism, Trade, and

11  Economic Development.

12         d.  "Clean rooms" means manufacturing facilities

13  enclosed in a manner that meets the clean manufacturing

14  requirements necessary for high-technology

15  semiconductor-manufacturing environments.

16         e.  "Defense technology products" means products that

17  have a military application, including, but not limited to,

18  weapons, weapons systems, guidance systems, surveillance

19  systems, communications or information systems, munitions,

20  aircraft, vessels, or boats, or components thereof, which are

21  intended for military use and manufactured in performance of a

22  contract with the United States Department of Defense or the

23  military branch of a recognized foreign government or a

24  subcontract thereunder which relates to matters of national

25  defense.

26         f.  "Space technology products" means products that are

27  specifically designed or manufactured for application in space

28  activities, including, but not limited to, space launch

29  vehicles, missiles, satellites or research payloads, avionics,

30  and associated control systems and processing systems. The

31  term does not include products that are designed or


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    SB 40-E                                        First Engrossed



 1  manufactured for general commercial aviation or other uses

 2  even though those products may also serve an incidental use in

 3  space applications.

 4         Section 6.  Subsection (7) of section 288.108, Florida

 5  Statutes, is amended to read:

 6         288.108  High-impact business.--

 7         (7)  REPORTING.--The office shall by December 1 of each

 8  year issue a complete and detailed report of all designated

 9  high-impact sectors, all applications received and their

10  disposition, all final orders issued, and all payments made,

11  including analyses of benefits and costs, types of projects

12  supported, and employment and investments created. The report

13  shall be submitted to the Governor, the President of the

14  Senate, and the Speaker of the House of Representatives. The

15  report may be combined with the incentives report required in

16  s. 288.095.

17         Section 7.  Subsection (2) of section 489.111, Florida

18  Statutes, is amended to read:

19         489.111  Licensure by examination.--

20         (2)  A person shall be eligible for licensure by

21  examination if the person:

22         (a)  Is 18 years of age;

23         (b)  Is of good moral character; and

24         (c)  Meets eligibility requirements according to one of

25  the following criteria:

26         1.  Has received a baccalaureate degree from an

27  accredited 4-year college in the appropriate field of

28  engineering, architecture, or building construction and has 1

29  year of proven experience in the category in which the person

30  seeks to qualify. For the purpose of this part, a minimum of

31  


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    SB 40-E                                        First Engrossed



 1  2,000 person-hours shall be used in determining full-time

 2  equivalency.

 3         2.  Has a total of at least 4 years of active

 4  experience as a worker who has learned the trade by serving an

 5  apprenticeship as a skilled worker who is able to command the

 6  rate of a mechanic in the particular trade or as a foreman who

 7  is in charge of a group of workers and usually is responsible

 8  to a superintendent or a contractor or his or her equivalent,

 9  provided, however, that at least 1 year of active experience

10  shall be as a foreman.

11         3.  Has a combination of not less than 1 year of

12  experience as a foreman and not less than 3 years of credits

13  for any accredited college-level courses; has a combination of

14  not less than 1 year of experience as a skilled worker, 1 year

15  of experience as a foreman, and not less than 2 years of

16  credits for any accredited college-level courses; or has a

17  combination of not less than 2 years of experience as a

18  skilled worker, 1 year of experience as a foreman, and not

19  less than 1 year of credits for any accredited college-level

20  courses. For the number of years of credits for any accredited

21  college-level courses, the applicant shall show completion of

22  an equal number of courses in the appropriate field of

23  engineering, architecture, or building construction. All

24  junior college or community college-level courses shall be

25  considered accredited college-level courses.

26         4.a.  An active certified residential contractor is

27  eligible to take the building contractors' examination if he

28  or she possesses a minimum of 3 years of proven experience in

29  the classification in which he or she is certified.

30         b.  An active certified residential contractor is

31  eligible to take the general contractors' examination if he or


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    SB 40-E                                        First Engrossed



 1  she possesses a minimum of 4 years of proven experience in the

 2  classification in which he or she is certified.

 3         c.  An active certified building contractor is eligible

 4  to take the general contractors' examination if he or she

 5  possesses a minimum of 4 years of proven experience in the

 6  classification in which he or she is certified.

 7         5.a.  An active certified air-conditioning Class C

 8  contractor is eligible to take the air-conditioning Class B

 9  contractors' examination if he or she possesses a minimum of 3

10  years of proven experience in the classification in which he

11  or she is certified.

12         b.  An active certified air-conditioning Class C

13  contractor is eligible to take the air-conditioning Class A

14  contractors' examination if he or she possesses a minimum of 4

15  years of proven experience in the classification in which he

16  or she is certified.

17         c.  An active certified air-conditioning Class B

18  contractor is eligible to take the air-conditioning Class A

19  contractors' examination if he or she possesses a minimum of 1

20  year of proven experience in the classification in which he or

21  she is certified.

22         6.a.  An active certified swimming pool servicing

23  contractor is eligible to take the residential swimming pool

24  contractors' examination if he or she possesses a minimum of 3

25  years of proven experience in the classification in which he

26  or she is certified.

27         b.  An active certified swimming pool servicing

28  contractor is eligible to take the swimming pool commercial

29  contractors' examination if he or she possesses a minimum of 4

30  years of proven experience in the classification in which he

31  or she is certified.


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    SB 40-E                                        First Engrossed



 1         c.  An active certified residential swimming pool

 2  contractor is eligible to take the commercial swimming pool

 3  contractors' examination if he or she possesses a minimum of 1

 4  year of proven experience in the classification in which he or

 5  she is certified.

 6         d.  An applicant is eligible to take the swimming

 7  pool/spa servicing contractor's examination if he or she has

 8  satisfactorily completed 60 hours of instruction in courses

 9  related to the scope of work covered by that license and

10  approved by the Construction Industry Licensing Board by rule

11  and has at least 1 year of proven experience related to the

12  scope of work of such a contractor.

13         Section 8.  If any law that is amended by this act was

14  also amended by a law enacted at the 2002 Regular Session of

15  the Legislature, such laws shall be construed as if they had

16  been enacted at the same session of the Legislature, and full

17  effect should be given to each if that is possible.

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

19  law.

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


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