Senate Bill sb1494c1

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    Florida Senate - 2004                           CS for SB 1494

    By the Committee on Commerce, Economic Opportunities, and
    Consumer Services; and Senators Garcia and Lynn




    310-2095-04

  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; requiring Enterprise Florida, Inc.,

12         to report the name and tax refund amount paid

13         to each business under the programs; amending

14         s. 288.1045, F.S.; defining the term "jobs" to

15         include new and retained jobs; requiring

16         applications for certification to include the

17         number of jobs retained; providing that new

18         applicants may not be certified for the tax

19         refund program for qualified defense

20         contractors after June 30, 2009; specifying

21         that tax refund agreements existing on that

22         date continue in effect; amending s. 288.106,

23         F.S.; providing that new applicants may not be

24         certified for the tax refund program for

25         qualified target industry businesses after June

26         30, 2009; specifying that tax refund agreements

27         existing on that date continue in effect;

28         requiring the Office of Tourism, Trade, and

29         Economic Development to attempt to amend

30         certain tax refund agreements, to conform;

31         providing an effective date.

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    Florida Senate - 2004                           CS for SB 1494
    310-2095-04




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

 2  

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

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

 5         288.095  Economic Development Trust Fund.--

 6         (3)

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

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

 9  Development based on actual project performance may not exceed

10  the amount appropriated to the Economic Development Incentives

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

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

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

14  and Economic Development. In the event the Legislature does

15  not appropriate an amount sufficient to satisfy the estimates

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

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

18  Development shall pay the tax refunds from the appropriation

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

20  Office of Tourism, Trade, and Economic Development shall

21  notify the legislative appropriations committees of any

22  anticipated shortfall in the amount of funds needed to satisfy

23  claims for tax refunds from the appropriation for the current

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

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

26  dividing the amount appropriated for tax refunds for the

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

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

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

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

31  Development Incentives Account for tax refunds, the office

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    Florida Senate - 2004                           CS for SB 1494
    310-2095-04




 1  shall recalculate the proportion for each refund claim and

 2  adjust the amount of each claim accordingly.

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

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

 5  Governor, the President of the Senate, the Speaker of the

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

 7  Tourism, Trade, and Economic Development of all applications

 8  received, recommendations made to the Office of Tourism,

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

10  refund agreements executed, and tax refunds paid or other

11  payments made under all programs funded out of the Economic

12  Development Incentives Account, including analyses of benefits

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

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

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

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

17  rural communities, brownfield areas, and distressed urban

18  communities. The report must discuss whether the authority and

19  moneys appropriated by the Legislature to the Economic

20  Development Incentives Account were managed and expended in a

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

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

23  Development to amend tax refund agreements to require tax

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

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

26  preceding calendar year. The report must also list the name

27  and tax refund amount for each business that has received a

28  tax refund under s. 288.1045 or s. 288.106 during the prior

29  fiscal year. The Office of Tourism, Trade, and Economic

30  Development shall assist Enterprise Florida, Inc., in the

31  

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    Florida Senate - 2004                           CS for SB 1494
    310-2095-04




 1  collection of data related to business performance and

 2  incentive payments.

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

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

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

 6         288.1045  Qualified defense contractor tax refund

 7  program.--

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

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

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

11  Workforce Innovation for the purpose of unemployment

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

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

14  does not include temporary construction jobs involved with the

15  construction of facilities for the project.

16         (3)  APPLICATION PROCESS; REQUIREMENTS; AGENCY

17  DETERMINATION.--

18         (b)  Applications for certification based on the

19  consolidation of a Department of Defense contract or a new

20  Department of Defense contract must be submitted to the office

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

22  limited to, the following information:

23         1.  The applicant's federal employer identification

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

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

26         2.  The permanent location of the manufacturing,

27  assembling, fabricating, research, development, or design

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

29  located.

30         3.  The Department of Defense contract numbers of the

31  contract to be consolidated, the new Department of Defense

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    Florida Senate - 2004                           CS for SB 1494
    310-2095-04




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

 2  of Defense contract.

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

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

 5  is expected to expire.

 6         5.  The commencement date for project operations under

 7  the contract in this state.

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

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

10  and the average wage of such jobs.

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

12  be retained by the project.

13         8.7.  The total number of full-time equivalent

14  employees employed by the applicant in this state.

15         9.8.  The percentage of the applicant's gross receipts

16  derived from Department of Defense contracts during the 5

17  taxable years immediately preceding the date the application

18  is submitted.

19         10.9.  The amount of:

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

21  pursuant to chapter 212;

22         b.  Corporate income taxes paid pursuant to chapter

23  220;

24         c.  Intangible personal property taxes paid pursuant to

25  chapter 199;

26         d.  Emergency excise taxes paid pursuant to chapter

27  221;

28         e.  Excise taxes paid on documents pursuant to chapter

29  201; and

30         f.  Ad valorem taxes paid

31  

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    Florida Senate - 2004                           CS for SB 1494
    310-2095-04




 1  during the 5 fiscal years immediately preceding the date of

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

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

 4  the application.

 5         11.10.  The estimated amount of tax refunds to be

 6  claimed for each fiscal year.

 7         12.11.  A brief statement concerning the applicant's

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

 9  the applicant.

10         13.12.  A resolution adopted by the county

11  commissioners of the county in which the project will be

12  located, which recommends the applicant be approved as a

13  qualified applicant, and which indicates that the necessary

14  commitments of local financial support for the applicant

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

16  commission may review the proposed public or private sources

17  of such support and determine whether the proposed sources of

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

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

20  Economic Development Initiative, a resolution adopted by the

21  county commissioners of such county requesting that the

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

23  requirement.

24         14.13.  Any additional information requested by the

25  office.

26         (c)  Applications for certification based on the

27  conversion of defense production jobs to nondefense production

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

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

30  information:

31  

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    Florida Senate - 2004                           CS for SB 1494
    310-2095-04




 1         1.  The applicant's federal employer identification

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

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

 4         2.  The permanent location of the manufacturing,

 5  assembling, fabricating, research, development, or design

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

 7  located.

 8         3.  The Department of Defense contract numbers of the

 9  contract under which the defense production jobs will be

10  converted to nondefense production jobs.

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

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

13  canceled.

14         5.  The commencement date for the nondefense production

15  operations in this state.

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

17  jobs included in the nondefense production project as of

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

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

20  be retained by the project.

21         8.7.  The total number of full-time equivalent

22  employees employed by the applicant in this state.

23         9.8.  The percentage of the applicant's gross receipts

24  derived from Department of Defense contracts during the 5

25  taxable years immediately preceding the date the application

26  is submitted.

27         10.9.  The amount of:

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

29  pursuant to chapter 212;

30         b.  Corporate income taxes paid pursuant to chapter

31  220;

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    Florida Senate - 2004                           CS for SB 1494
    310-2095-04




 1         c.  Intangible personal property taxes paid pursuant to

 2  chapter 199;

 3         d.  Emergency excise taxes paid pursuant to chapter

 4  221;

 5         e.  Excise taxes paid on documents pursuant to chapter

 6  201; and

 7         f.  Ad valorem taxes paid

 8  

 9  during the 5 fiscal years immediately preceding the date of

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

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

12  the application.

13         11.10.  The estimated amount of tax refunds to be

14  claimed for each fiscal year.

15         12.11.  A brief statement concerning the applicant's

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

17  the applicant.

18         13.12.  A resolution adopted by the county

19  commissioners of the county in which the project will be

20  located, which recommends the applicant be approved as a

21  qualified applicant, and which indicates that the necessary

22  commitments of local financial support for the applicant

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

24  commission may review the proposed public or private sources

25  of such support and determine whether the proposed sources of

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

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

28  Economic Development Initiative, a resolution adopted by the

29  county commissioners of such county requesting that the

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

31  requirement.

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    Florida Senate - 2004                           CS for SB 1494
    310-2095-04




 1         14.13.  Any additional information requested by the

 2  office.

 3         (d)  Applications for certification based on a contract

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

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

 6  are not limited to, the following information:

 7         1.  The applicant's Florida sales tax registration

 8  number and a notarized signature of an officer of the

 9  applicant.

10         2.  The permanent location of the manufacturing,

11  assembling, fabricating, research, development, or design

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

13  located.

14         3.  The business entity holding a valid Department of

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

16  States that previously occupied the facility, and the date

17  such entity last occupied the facility.

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

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

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

21  facility.

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

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

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

25         6.  The commencement date for project operations under

26  the contract in this state.

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

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

29  and the average wage of such jobs.

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

31  be retained by the project.

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    Florida Senate - 2004                           CS for SB 1494
    310-2095-04




 1         9.8.  The total number of full-time equivalent

 2  employees employed by the applicant in this state.

 3         10.9.  The amount of:

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

 5  pursuant to chapter 212.

 6         b.  Corporate income taxes paid pursuant to chapter

 7  220.

 8         c.  Intangible personal property taxes paid pursuant to

 9  chapter 199.

10         d.  Emergency excise taxes paid pursuant to chapter

11  221.

12         e.  Excise taxes paid on documents pursuant to chapter

13  201.

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

15  immediately preceding the date of the application, and the

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

17  years immediately following the date of the application.

18         11.10.  The estimated amount of tax refunds to be

19  claimed for each fiscal year.

20         12.11.  A brief statement concerning the applicant's

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

22  the applicant.

23         13.12.  A resolution adopted by the county

24  commissioners of the county in which the project will be

25  located, which recommends the applicant be approved as a

26  qualified applicant, and which indicates that the necessary

27  commitments of local financial support for the applicant

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

29  commission may review the proposed public or private sources

30  of such support and determine whether the proposed sources of

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

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    Florida Senate - 2004                           CS for SB 1494
    310-2095-04




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

 2  Economic Development Initiative, a resolution adopted by the

 3  county commissioners of such county requesting that the

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

 5  requirement.

 6         14.13.  Any additional information requested by the

 7  office.

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

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

10  refund agreement existing on that date, however, shall

11  continue in effect in accordance with its terms.

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

13  Statutes, is amended to read:

14         288.106  Tax refund program for qualified target

15  industry businesses.--

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

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

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

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

20  30, 2004.

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

22  Development shall attempt to amend existing tax refund

23  agreements created under section 288.106, Florida Statutes, to

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

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

26  31 of the preceding calendar year.

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

28  law.

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    Florida Senate - 2004                           CS for SB 1494
    310-2095-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1494

 3                                 

 4  The committee substitute adds a requirement that Enterprise
    Florida, Inc., list the name and tax refund amount provided to
 5  each business under s. 288.1045, F.S., or s. 288.106, F.S., in
    its annual report on incentives funded from the Economic
 6  Development Incentives Account.

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