Senate Bill sb1494

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    Florida Senate - 2004                                  SB 1494

    By the Committee on Commerce, Economic Opportunities, and
    Consumer Services




    310-1124-04

  1                      A bill to be entitled

  2         An act relating to tax refund programs for

  3         qualified target industry businesses and

  4         qualified defense contractors; amending s.

  5         288.095, F.S.; requiring the Office of Tourism,

  6         Trade, and Economic Development to pay claims

  7         for tax refunds in the order approved;

  8         requiring Enterprise Florida, Inc., to report

  9         on the efforts of the Office of Tourism, Trade,

10         and Economic Development to amend tax refund

11         agreements; amending s. 288.1045, F.S.;

12         defining the term "jobs" to include new and

13         retained jobs; requiring applications for

14         certification to include the number of jobs

15         retained; providing that new applicants may not

16         be certified for the tax refund program for

17         qualified defense contractors after June 30,

18         2009; specifying that tax refund agreements

19         existing on that date continue in effect;

20         amending s. 288.106, F.S.; providing that new

21         applicants may not be certified for the tax

22         refund program for qualified target industry

23         businesses after June 30, 2009; specifying that

24         tax refund agreements existing on that date

25         continue in effect; requiring the Office of

26         Tourism, Trade, and Economic Development to

27         attempt to amend certain tax refund agreements,

28         to conform; providing an effective date.

29  

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

31  

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    Florida Senate - 2004                                  SB 1494
    310-1124-04




 1         Section 1.  Paragraphs (b) and (c) of subsection (3) of

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

 3         288.095  Economic Development Trust Fund.--

 4         (3)

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

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

 7  Development based on actual project performance may not exceed

 8  the amount appropriated to the Economic Development Incentives

 9  Account for such purposes for the fiscal year. Claims for tax

10  refunds under ss. 288.1045 and 288.106 shall be paid in the

11  order the claims are approved by the Office of Tourism, Trade,

12  and Economic Development. In the event the Legislature does

13  not appropriate an amount sufficient to satisfy the estimates

14  by the office for tax refunds under ss. 288.1045 and 288.106

15  in a fiscal year, the Office of Tourism, Trade, and Economic

16  Development shall pay the tax refunds from the appropriation

17  for the following fiscal year. By March 1 of each year, the

18  Office of Tourism, Trade, and Economic Development shall

19  notify the legislative appropriations committees of any

20  anticipated shortfall in the amount of funds needed to satisfy

21  claims for tax refunds from the appropriation for the current

22  fiscal year., not later than July 15 of such year, determine

23  the proportion of each refund claim which shall be paid by

24  dividing the amount appropriated for tax refunds for the

25  fiscal year by the estimated total of refund claims for the

26  fiscal year. The amount of each claim for a tax refund shall

27  be multiplied by the resulting quotient. If, after the payment

28  of all such refund claims, funds remain in the Economic

29  Development Incentives Account for tax refunds, the office

30  shall recalculate the proportion for each refund claim and

31  adjust the amount of each claim accordingly.

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    Florida Senate - 2004                                  SB 1494
    310-1124-04




 1         (c)  By December 31 of each year, Enterprise Florida,

 2  Inc., shall submit a complete and detailed report to the

 3  Governor, the President of the Senate, the Speaker of the

 4  House of Representatives, and the director of the Office of

 5  Tourism, Trade, and Economic Development of all applications

 6  received, recommendations made to the Office of Tourism,

 7  Trade, and Economic Development, final decisions issued, tax

 8  refund agreements executed, and tax refunds paid or other

 9  payments made under all programs funded out of the Economic

10  Development Incentives Account, including analyses of benefits

11  and costs, types of projects supported, and employment and

12  investment created. Enterprise Florida, Inc., shall also

13  include a separate analysis of the impact of such tax refunds

14  on state enterprise zones designated pursuant to s. 290.0065,

15  rural communities, brownfield areas, and distressed urban

16  communities. The report must discuss whether the authority and

17  moneys appropriated by the Legislature to the Economic

18  Development Incentives Account were managed and expended in a

19  prudent, fiducially sound manner. The report must also discuss

20  the efforts made by the Office of Tourism, Trade, and Economic

21  Development to amend tax refund agreements to require tax

22  refund claims to be submitted by January 31 for the net new

23  full-time equivalent Florida jobs as of December 31 of the

24  preceding calendar year. The Office of Tourism, Trade, and

25  Economic Development shall assist Enterprise Florida, Inc., in

26  the collection of data related to business performance and

27  incentive payments.

28         Section 2.  Paragraph (g) of subsection (1), paragraphs

29  (b), (c), and (d) of subsection (3), and subsection (7) of

30  section 288.1045, Florida Statutes, are amended to read:

31  

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    Florida Senate - 2004                                  SB 1494
    310-1124-04




 1         288.1045  Qualified defense contractor tax refund

 2  program.--

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

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

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

 6  Workforce Innovation for the purpose of unemployment

 7  compensation tax, created or retained as a direct result of

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

 9  does not include temporary construction jobs involved with the

10  construction of facilities for the project.

11         (3)  APPLICATION PROCESS; REQUIREMENTS; AGENCY

12  DETERMINATION.--

13         (b)  Applications for certification based on the

14  consolidation of a Department of Defense contract or a new

15  Department of Defense contract must be submitted to the office

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

17  limited to, the following information:

18         1.  The applicant's federal employer identification

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

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

21         2.  The permanent location of the manufacturing,

22  assembling, fabricating, research, development, or design

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

24  located.

25         3.  The Department of Defense contract numbers of the

26  contract to be consolidated, the new Department of Defense

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

28  of Defense contract.

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

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

31  is expected to expire.

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    Florida Senate - 2004                                  SB 1494
    310-1124-04




 1         5.  The commencement date for project operations under

 2  the contract in this state.

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

 4  jobs included in the project as of December 31 of each year

 5  and the average wage of such jobs.

 6         7.  The number of full-time equivalent Florida jobs to

 7  be retained by the project.

 8         8.7.  The total number of full-time equivalent

 9  employees employed by the applicant in this state.

10         9.8.  The percentage of the applicant's gross receipts

11  derived from Department of Defense contracts during the 5

12  taxable years immediately preceding the date the application

13  is submitted.

14         10.9.  The amount of:

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

16  pursuant to chapter 212;

17         b.  Corporate income taxes paid pursuant to chapter

18  220;

19         c.  Intangible personal property taxes paid pursuant to

20  chapter 199;

21         d.  Emergency excise taxes paid pursuant to chapter

22  221;

23         e.  Excise taxes paid on documents pursuant to chapter

24  201; and

25         f.  Ad valorem taxes paid

26  

27  during the 5 fiscal years immediately preceding the date of

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

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

30  the application.

31  

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    Florida Senate - 2004                                  SB 1494
    310-1124-04




 1         11.10.  The estimated amount of tax refunds to be

 2  claimed for each fiscal year.

 3         12.11.  A brief statement concerning the applicant's

 4  need for tax refunds, and the proposed uses of such refunds by

 5  the applicant.

 6         13.12.  A resolution adopted by the county

 7  commissioners of the county in which the project will be

 8  located, which recommends the applicant be approved as a

 9  qualified applicant, and which indicates that the necessary

10  commitments of local financial support for the applicant

11  exist. Prior to the adoption of the resolution, the county

12  commission may review the proposed public or private sources

13  of such support and determine whether the proposed sources of

14  local financial support can be provided or, for any applicant

15  whose project is located in a county designated by the Rural

16  Economic Development Initiative, a resolution adopted by the

17  county commissioners of such county requesting that the

18  applicant's project be exempt from the local financial support

19  requirement.

20         14.13.  Any additional information requested by the

21  office.

22         (c)  Applications for certification based on the

23  conversion of defense production jobs to nondefense production

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

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

26  information:

27         1.  The applicant's federal employer identification

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

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

30         2.  The permanent location of the manufacturing,

31  assembling, fabricating, research, development, or design

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    Florida Senate - 2004                                  SB 1494
    310-1124-04




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

 2  located.

 3         3.  The Department of Defense contract numbers of the

 4  contract under which the defense production jobs will be

 5  converted to nondefense production jobs.

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

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

 8  canceled.

 9         5.  The commencement date for the nondefense production

10  operations in this state.

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

12  jobs included in the nondefense production project as of

13  December 31 of each year and the average wage of such jobs.

14         7.  The number of full-time equivalent Florida jobs to

15  be retained by the project.

16         8.7.  The total number of full-time equivalent

17  employees employed by the applicant in this state.

18         9.8.  The percentage of the applicant's gross receipts

19  derived from Department of Defense contracts during the 5

20  taxable years immediately preceding the date the application

21  is submitted.

22         10.9.  The amount of:

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

24  pursuant to chapter 212;

25         b.  Corporate income taxes paid pursuant to chapter

26  220;

27         c.  Intangible personal property taxes paid pursuant to

28  chapter 199;

29         d.  Emergency excise taxes paid pursuant to chapter

30  221;

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    Florida Senate - 2004                                  SB 1494
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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         11.10.  The estimated amount of tax refunds to be

10  claimed for each fiscal year.

11         12.11.  A brief statement concerning the applicant's

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

13  the applicant.

14         13.12.  A resolution adopted by the county

15  commissioners of the county in which the project will be

16  located, which recommends the applicant be approved as a

17  qualified applicant, and which indicates that the necessary

18  commitments of local financial support for the applicant

19  exist. Prior to the adoption of the resolution, the county

20  commission may review the proposed public or private sources

21  of such support and determine whether the proposed sources of

22  local financial support can be provided or, for any applicant

23  whose project is located in a county designated by the Rural

24  Economic Development Initiative, a resolution adopted by the

25  county commissioners of such county requesting that the

26  applicant's project be exempt from the local financial support

27  requirement.

28         14.13.  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

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    Florida Senate - 2004                                  SB 1494
    310-1124-04




 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 the project as of December 31 of each year

25  and the average wage of such jobs.

26         8.  The number of full-time equivalent Florida jobs to

27  be retained by the project.

28         9.8.  The total number of full-time equivalent

29  employees employed by the applicant in this state.

30         10.9.  The amount of:

31  

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    Florida Senate - 2004                                  SB 1494
    310-1124-04




 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.

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

12  immediately preceding the date of the application, and the

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

14  years immediately following the date of the application.

15         11.10.  The estimated amount of tax refunds to be

16  claimed for each fiscal year.

17         12.11.  A brief statement concerning the applicant's

18  need for tax refunds, and the proposed uses of such refunds by

19  the applicant.

20         13.12.  A resolution adopted by the county

21  commissioners of the county in which the project will be

22  located, which recommends the applicant be approved as a

23  qualified applicant, and which indicates that the necessary

24  commitments of local financial support for the applicant

25  exist. Prior to the adoption of the resolution, the county

26  commission may review the proposed public or private sources

27  of such support and determine whether the proposed sources of

28  local financial support can be provided or, for any applicant

29  whose project is located in a county designated by the Rural

30  Economic Development Initiative, a resolution adopted by the

31  county commissioners of such county requesting that the

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    Florida Senate - 2004                                  SB 1494
    310-1124-04




 1  applicant's project be exempt from the local financial support

 2  requirement.

 3         14.13.  Any additional information requested by the

 4  office.

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

 6  qualified under this section after June 30, 2009 2004. A tax

 7  refund agreement existing on that date, however, shall

 8  continue in effect in accordance with its terms.

 9         Section 3.  Subsection (7) of section 288.106, Florida

10  Statutes, is amended to read:

11         288.106  Tax refund program for qualified target

12  industry businesses.--

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

14  qualified under this section after June 30, 2009. A tax refund

15  agreement existing on that date, however, shall continue in

16  effect in accordance with its terms. This section expires June

17  30, 2004.

18         Section 4.  The Office of Tourism, Trade, and Economic

19  Development shall attempt to amend existing tax refund

20  agreements created under section 288.106, Florida Statutes, to

21  require tax refund claims to be submitted by January 31 for

22  the net new full-time equivalent Florida jobs as of December

23  31 of the preceding calendar year.

24         Section 5.  This act shall take effect upon becoming a

25  law.

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    Florida Senate - 2004                                  SB 1494
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 1            *****************************************

 2                          SENATE SUMMARY

 3    Revises provisions governing the tax refund programs for
      qualified target industry businesses and qualified
 4    defense contractors. Requires the Office of Tourism,
      Trade, and Economic Development to pay claims for refunds
 5    in the order approved. Includes new and retained jobs
      within the definition of the term "jobs." Discontinues
 6    the refund program for new applicants after June 30,
      2009. (See bill for details.)
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