HB 0617

CS

CHAMBER ACTION

1	The Committee on Commerce recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to economic stimulus; amending s. 212.08,
7	F.S.; revising sales price criteria for characterizing
8	business property; conforming provisions to the designated
9	urban job tax credit revision; amending s. 212.097, F.S.;
10	revising provisions providing for an urban job tax credit
11	program to apply to designated urban job tax credit areas
12	rather than high crime areas; revising and providing
13	definitions, eligibility criteria, application procedures
14	and requirements, and area characteristics and criteria;
15	authorizing transfer of unused credits under the Rural Job
16	Tax Credit Program; specifying use of transferred credits;
17	prohibiting transfer of transferred credits; amending s.
18	212.098, F.S.; authorizing transfer of unused credits
19	under the Rural Job Tax Credit Program; specifying use of
20	transferred credits; prohibiting transfer of transferred
21	credits; amending s. 220.1895, F.S.; conforming provisions
22	to amendments to urban job tax credit areas program
23	provisions; removing a historical reference; amending s.
24	288.095, F.S.; deleting a report requirement relating to
25	the Economic Development Incentives Account; amending s.
26	288.1045, F.S.; extending an expiration date for the tax
27	refund program for qualified defense contractors;
28	preserving the effect of certain tax refund agreements
29	after the expiration date; amending s. 288.106, F.S.;
30	extending an expiration date for the tax refund program
31	for qualified target industry businesses; preserving the
32	effect of certain tax refund agreements after the
33	expiration date; amending s. 288.901, F.S.; revising
34	operational criteria of members of the board of directors
35	of Enterprise Florida, Inc.; amending s. 288.90151, F.S.;
36	revising requirements, criteria, and limitations for
37	returns on investment from activities of Enterprise
38	Florida, Inc.; amending s. 288.903, F.S.; deleting an
39	employment compensation limitation for employees of
40	Enterprise Florida, Inc.; amending s. 288.904, F.S.;
41	revising limitations on contractual powers of the board of
42	directors of Enterprise Florida, Inc.; amending s.
43	288.905, F.S.; revising a pay raise or bonus limitation
44	for certain employees; amending s. 288.9515, F.S.;
45	revising and clarifying powers of Enterprise Florida,
46	Inc., to develop authorized technology development
47	programs; specifying uses of moneys in the Florida
48	Technology Research Investment Fund; providing for payment
49	of certain claims from the fund; revising limitations on
50	revenues from certain investments used for operating
51	expenses associated with the Florida Technology Research
52	Investment Fund and the Florida Small Business Technology
53	Growth Program; requiring Enterprise Florida, Inc., to
54	coordinate with certain organizations to develop a
55	statewide entrepreneurial growth stimulation strategy;
56	providing criteria; amending s. 288.99, F.S.; conforming
57	provisions to the designated urban job tax credit
58	revision; repealing s. 288.041(3) and (4), F.S., relating
59	to Enterprise Florida, Inc., and the Department of
60	Commerce assisting in expanding the solar energy industry
61	in this state; repealing s. 288.8155, F.S., relating to
62	the International Trade Data Resource and Research Center;
63	repealing s. 288.9015(3), F.S., relating to Enterprise
64	Florida, Inc., responsibility to develop a comprehensive
65	approach to workforce development; repealing s. 288.9517,
66	F.S., relating to audits of the technology development
67	board and programs or entities created by the board;
68	repealing s. 14, ch. 93-187, Laws of Florida, relating to
69	the December 31, 2003, repeal of Enterprise Florida
70	Innovation Partnership provisions; providing effective
71	dates.
72
73	Be It Enacted by the Legislature of the State of Florida:
74
75	Section 1.  Paragraphs (h) and (o) of subsection (5) of
76	section 212.08, Florida Statutes, are amended to read:
77	212.08  Sales, rental, use, consumption, distribution, and
78	storage tax; specified exemptions.--The sale at retail, the
79	rental, the use, the consumption, the distribution, and the
80	storage to be used or consumed in this state of the following
81	are hereby specifically exempt from the tax imposed by this
82	chapter.
83	(5)  EXEMPTIONS; ACCOUNT OF USE.--
84	(h)  Business property used in an enterprise zone.--
85	1.  Business property purchased for use by businesses
86	located in an enterprise zone which is subsequently used in an
87	enterprise zone shall be exempt from the tax imposed by this
88	chapter. This exemption inures to the business only through a
89	refund of previously paid taxes. A refund shall be authorized
90	upon an affirmative showing by the taxpayer to the satisfaction
91	of the department that the requirements of this paragraph have
92	been met.
93	2.  To receive a refund, the business must file under oath
94	with the governing body or enterprise zone development agency
95	having jurisdiction over the enterprise zone where the business
96	is located, as applicable, an application which includes:
97	a.  The name and address of the business claiming the
98	refund.
99	b.  The identifying number assigned pursuant to s. 290.0065
100	to the enterprise zone in which the business is located.
101	c.  A specific description of the property for which a
102	refund is sought, including its serial number or other permanent
103	identification number.
104	d.  The location of the property.
105	e.  The sales invoice or other proof of purchase of the
106	property, showing the amount of sales tax paid, the date of
107	purchase, and the name and address of the sales tax dealer from
108	whom the property was purchased.
109	f.  Whether the business is a small business as defined by
110	s. 288.703(1).
111	g.  If applicable, the name and address of each permanent
112	employee of the business, including, for each employee who is a
113	resident of an enterprise zone, the identifying number assigned
114	pursuant to s. 290.0065 to the enterprise zone in which the
115	employee resides.
116	3.  Within 10 working days after receipt of an application,
117	the governing body or enterprise zone development agency shall
118	review the application to determine if it contains all the
119	information required pursuant to subparagraph 2. and meets the
120	criteria set out in this paragraph. The governing body or agency
121	shall certify all applications that contain the information
122	required pursuant to subparagraph 2. and meet the criteria set
123	out in this paragraph as eligible to receive a refund. If
124	applicable, the governing body or agency shall also certify if
125	20 percent of the employees of the business are residents of an
126	enterprise zone, excluding temporary and part-time employees.
127	The certification shall be in writing, and a copy of the
128	certification shall be transmitted to the executive director of
129	the Department of Revenue. The business shall be responsible for
130	forwarding a certified application to the department within the
131	time specified in subparagraph 4.
132	4.  An application for a refund pursuant to this paragraph
133	must be submitted to the department within 6 months after the
134	tax is due on the business property that is purchased.
135	5.  The provisions of s. 212.095 do not apply to any refund
136	application made pursuant to this paragraph. The amount refunded
137	on purchases of business property under this paragraph shall be
138	the lesser of 97 percent of the sales tax paid on such business
139	property or $5,000, or, if no less than 20 percent of the
140	employees of the business are residents of an enterprise zone,
141	excluding temporary and part-time employees, the amount refunded
142	on purchases of business property under this paragraph shall be
143	the lesser of 97 percent of the sales tax paid on such business
144	property or $10,000. A refund approved pursuant to this
145	paragraph shall be made within 30 days of formal approval by the
146	department of the application for the refund. No refund shall be
147	granted under this paragraph unless the amount to be refunded
148	exceeds $100 in sales tax paid on purchases made within a 60-day
149	time period.
150	6.  The department shall adopt rules governing the manner
151	and form of refund applications and may establish guidelines as
152	to the requisites for an affirmative showing of qualification
153	for exemption under this paragraph.
154	7.  If the department determines that the business property
155	is used outside an enterprise zone within 3 years from the date
156	of purchase, the amount of taxes refunded to the business
157	purchasing such business property shall immediately be due and
158	payable to the department by the business, together with the
159	appropriate interest and penalty, computed from the date of
160	purchase, in the manner provided by this chapter.
161	Notwithstanding this subparagraph, business property used
162	exclusively in:
163	a.  Licensed commercial fishing vessels,
164	b.  Fishing guide boats, or
165	c.  Ecotourism guide boats
166
167	that leave and return to a fixed location within an area
168	designated under s. 370.28 are eligible for the exemption
169	provided under this paragraph if all requirements of this
170	paragraph are met. Such vessels and boats must be owned by a
171	business that is eligible to receive the exemption provided
172	under this paragraph. This exemption does not apply to the
173	purchase of a vessel or boat.
174	8.  The department shall deduct an amount equal to 10
175	percent of each refund granted under the provisions of this
176	paragraph from the amount transferred into the Local Government
177	Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20
178	for the county area in which the business property is located
179	and shall transfer that amount to the General Revenue Fund.
180	9.  For the purposes of this exemption, "business property"
181	means new or used property defined as "recovery property" in s.
182	168(c) of the Internal Revenue Code of 1954, as amended, except:
183	a.  Property classified as 3-year property under s.
184	168(c)(2)(A) of the Internal Revenue Code of 1954, as amended.;
185	b.  Industrial machinery and equipment as defined in sub-
186	subparagraph (b)6.a. and eligible for exemption under paragraph
187	(b).;
188	c.  Building materials as defined in sub-subparagraph
189	(g)8.a.; and
190	d.  Business property having a sales price of under $500
191	$5,000 per unit.
192	10.  The provisions of this paragraph shall expire and be
193	void on December 31, 2005.
194	(o)  Building materials in redevelopment projects.--
195	1.  As used in this paragraph, the term:
196	a.  "Building materials" means tangible personal property
197	that becomes a component part of a housing project or a mixed-
198	use project.
199	b.  "Housing project" means the conversion of an existing
200	manufacturing or industrial building to housing units in a
201	designated an urban job tax credit high-crime area, enterprise
202	zone, empowerment zone, Front Porch Community, designated
203	brownfield area, or urban infill area and in which the developer
204	agrees to set aside at least 20 percent of the housing units in
205	the project for low-income and moderate-income persons or the
206	construction in a designated brownfield area of affordable
207	housing for persons described in s. 420.0004(9), (10), or (14),
208	or in s. 159.603(7).
209	c.  "Mixed-use project" means the conversion of an existing
210	manufacturing or industrial building to mixed-use units that
211	include artists' studios, art and entertainment services, or
212	other compatible uses. A mixed-use project must be located in
213	designated an urban job tax credit high-crime area, enterprise
214	zone, empowerment zone, Front Porch Community, designated
215	brownfield area, or urban infill area, and the developer must
216	agree to set aside at least 20 percent of the square footage of
217	the project for low-income and moderate-income housing.
218	d.  "Substantially completed" has the same meaning as
219	provided in s. 192.042(1).
220	2.  Building materials used in the construction of a
221	housing project or mixed-use project are exempt from the tax
222	imposed by this chapter upon an affirmative showing to the
223	satisfaction of the department that the requirements of this
224	paragraph have been met. This exemption inures to the owner
225	through a refund of previously paid taxes. To receive this
226	refund, the owner must file an application under oath with the
227	department which includes:
228	a.  The name and address of the owner.
229	b.  The address and assessment roll parcel number of the
230	project for which a refund is sought.
231	c.  A copy of the building permit issued for the project.
232	d.  A certification by the local building code inspector
233	that the project is substantially completed.
234	e.  A sworn statement, under penalty of perjury, from the
235	general contractor licensed in this state with whom the owner
236	contracted to construct the project, which statement lists the
237	building materials used in the construction of the project and
238	the actual cost thereof, and the amount of sales tax paid on
239	these materials. If a general contractor was not used, the owner
240	shall provide this information in a sworn statement, under
241	penalty of perjury. Copies of invoices evidencing payment of
242	sales tax must be attached to the sworn statement.
243	3.  An application for a refund under this paragraph must
244	be submitted to the department within 6 months after the date
245	the project is deemed to be substantially completed by the local
246	building code inspector. Within 30 working days after receipt of
247	the application, the department shall determine if it meets the
248	requirements of this paragraph. A refund approved pursuant to
249	this paragraph shall be made within 30 days after formal
250	approval of the application by the department. The provisions of
251	s. 212.095 do not apply to any refund application made under
252	this paragraph.
253	4.  The department shall establish by rule an application
254	form and criteria for establishing eligibility for exemption
255	under this paragraph.
256	5.  The exemption shall apply to purchases of materials on
257	or after July 1, 2000.
258	Section 2.  Section 212.097, Florida Statutes, is amended
259	to read:
260	212.097  Designated Urban High-Crime Area Job Tax Credit
261	Area Program.--
262	(1)  As used in this section, the term:
263	(a)  "Eligible business" means any sole proprietorship,
264	firm, partnership, or corporation that is located in a
265	designated urban job tax credit area qualified county and is
266	predominantly engaged in, or is headquarters for a business
267	predominantly engaged in, activities usually provided for
268	consideration by firms classified within the following standard
269	industrial classifications: SIC 01-SIC 09 (agriculture,
270	forestry, and fishing); SIC 20-SIC 39 (manufacturing); SIC 52-
271	SIC 57 and SIC 59 (retail); SIC 422 (public warehousing and
272	storage); SIC 70 (hotels and other lodging places); SIC 7391
273	(research and development); SIC 781 (motion picture production
274	and allied services); SIC 7992 (public golf courses); and SIC
275	7996 (amusement parks); and a targeted industry eligible for the
276	qualified target industry business tax refund under s. 288.106.
277	A call center or similar customer service operation that
278	services a multistate market or international market is also an
279	eligible business. In addition, the Office of Tourism, Trade,
280	and Economic Development may, as part of its final budget
281	request submitted pursuant to s. 216.023, recommend additions to
282	or deletions from the list of standard industrial
283	classifications used to determine an eligible business, and the
284	Legislature may implement such recommendations. Excluded from
285	eligible receipts are receipts from retail sales, except such
286	receipts for SIC 52-SIC 57 and SIC 59 (retail) hotels and other
287	lodging places classified in SIC 70, public golf courses in SIC
288	7992, and amusement parks in SIC 7996. For purposes of this
289	paragraph, the term "predominantly" means that more than 50
290	percent of the business's gross receipts from all sources is
291	generated by those activities usually provided for consideration
292	by firms in the specified standard industrial classification.
293	The determination of whether the business is located in a
294	designated urban job tax credit qualified high-crime area and
295	the tier ranking of that area must be based on the date of
296	application for the credit under this section. Commonly owned
297	and controlled entities are to be considered a single business
298	entity.
299	(b)  "Qualified employee" means any employee of an eligible
300	business who performs duties in connection with the operations
301	of the business on a regular, full-time basis for an average of
302	at least 36 hours per week for at least 3 months within the
303	designated urban job tax credit qualified high-crime area in
304	which the eligible business is located. An owner or partner of
305	the eligible business is not a qualified employee. The term also
306	includes an employee leased from an employee leasing company
307	licensed under chapter 468, if such employee has been
308	continuously leased to the employer for an average of at least
309	36 hours per week for more than 6 months.
310	(c)  "New business" means any eligible business first
311	beginning operation on a site in a designated urban job tax
312	credit qualified high-crime area and clearly separate from any
313	other commercial or business operation of the business entity
314	within a designated urban job tax credit qualified high-crime
315	area. A business entity that operated an eligible business
316	within a designated urban job tax credit qualified high-crime
317	area within the 48 months before the period provided for
318	application by subsection (2) is not considered a new business.
319	(d)  "Existing business" means any eligible business that
320	does not meet the criteria for a new business.
321	(e)  "Designated urban job tax credit Qualified high-crime
322	area" means an area selected by the Office of Tourism, Trade,
323	and Economic Development in the following manner: every third
324	year, the office shall rank and tier those areas nominated under
325	subsection (7), according to the highest level of distress
326	experienced in the categories enumerated under subsection (7).
327	The Office of Tourism, Trade, and Economic Development shall
328	designate the 30 highest-distress-profile urban areas as
329	eligible participants under the urban job tax credit program.
330	following prioritized criteria:
331	1.  Highest arrest rates within the geographic area for
332	violent crime and for such other crimes as drug sale, drug
333	possession, prostitution, vandalism, and civil disturbances;
334	2.  Highest reported crime volume and rate of specific
335	property crimes such as business and residential burglary, motor
336	vehicle theft, and vandalism;
337	3.  Highest percentage of reported index crimes that are
338	violent in nature;
339	4.  Highest overall index crime volume for the area; and
340	5.  Highest overall index crime rate for the geographic
341	area.
342
343	Tier-one areas are ranked 1 through 5 and represent the highest
344	crime areas according to this ranking. Tier-two areas are ranked
345	6 through 10 according to this ranking. Tier-three areas are
346	ranked 11 through 15. Notwithstanding this definition,
347	"designated urban job tax credit qualified high-crime area" also
348	means an area that has been designated as a federal Empowerment
349	Zone pursuant to the Taxpayer Relief Act of 1997 or the
350	Community Tax Relief Act of 2000. Such a designated area is
351	ranked in tier three until the areas are reevaluated by the
352	Office of Tourism, Trade, and Economic Development.
353	(f)  "Central business district" means an area comprised of
354	at least 80 percent commercial and government buildings and
355	properties; characterized by a high concentration of retail
356	businesses, service businesses, offices, theaters, and hotels;
357	and located in a Department of Transportation urban service
358	area.
359	(g)  "Urban" means a densely populated nonrural area
360	located within an urban county which consists of a cluster of
361	one or more census blocks, each of which has a population
362	density of at least 400 people per square mile, or an area
363	defined by the most recent United States Census as urban.
364	(2)  A new eligible business may apply for a tax credit
365	under this subsection once at any time during its first year of
366	operation. A new eligible business in a designated urban job tax
367	credit tier-one qualified high-crime area which has at least 10
368	qualified employees on the date of application shall receive a
369	$1,500 tax credit for each such employee. A new eligible
370	business in a tier-two qualified high-crime area which has at
371	least 20 qualified employees on the date of application shall
372	receive a $1,000 tax credit for each such employee. A new
373	eligible business in a tier-three qualified high-crime area
374	which has at least 30 qualified employees on the date of
375	application shall receive a $500 tax credit for each such
376	employee.
377	(3)  An existing eligible business may apply for a tax
378	credit under this subsection at any time it is entitled to such
379	credit, except as restricted by this subsection. An existing
380	eligible business in a designated urban job tax credit tier-one
381	qualified high-crime area which on the date of application has
382	at least 5 more qualified employees than it had 1 year prior to
383	its date of application shall receive a $1,500 tax credit for
384	each such additional employee. An existing eligible business in
385	a tier-two qualified high-crime area which on the date of
386	application has at least 10 more qualified employees than it had
387	1 year prior to its date of application shall receive a $1,000
388	credit for each such additional employee. An existing business
389	in a tier-three qualified high-crime area which on the date of
390	application has at least 15 more qualified employees than it had
391	1 year prior to its date of application shall receive a $500 tax
392	credit for each such additional employee. An existing eligible
393	business may apply for the credit under this subsection no more
394	than once in any 12-month period. Any existing eligible business
395	that received a credit under subsection (2) may not apply for
396	the credit under this subsection sooner than 12 months after the
397	application date for the credit under subsection (2).
398	(4)  For any new eligible business receiving a credit
399	pursuant to subsection (2), an additional $500 credit shall be
400	provided for any qualified employee who is a welfare transition
401	program participant. For any existing eligible business
402	receiving a credit pursuant to subsection (3), an additional
403	$500 credit shall be provided for any qualified employee who is
404	a welfare transition program participant. Such employee must be
405	employed on the application date and have been employed less
406	than 1 year. This credit shall be in addition to other credits
407	pursuant to this section regardless of the tier-level of the
408	high-crime area. Appropriate documentation concerning the
409	eligibility of an employee for this credit must be submitted as
410	determined by the department.
411	(5)  To be eligible for a tax credit under subsection (3),
412	the number of qualified employees employed 1 year prior to the
413	application date must be no lower than the number of qualified
414	employees on the application date on which a credit under this
415	section was based for any previous application, including an
416	application under subsection (2).
417	(6)  Any county or municipality, or a county and one or
418	more municipalities together, may apply to the Office of
419	Tourism, Trade, and Economic Development for the designation of
420	an area as a designated urban job tax credit high-crime area
421	after the adoption by the governing body or bodies of a
422	resolution that:
423	(a)  Finds that an urban a high-crime area exists in such
424	county or municipality, or in both the county and one or more
425	municipalities, which chronically exhibits extreme and
426	unacceptable levels of poverty, unemployment, physical
427	deterioration, and economic disinvestment;
428	(b)  Determines that the rehabilitation, conservation, or
429	redevelopment, or a combination thereof, of such an urban a
430	high-crime area is necessary in the interest of the health,
431	safety, and welfare of the residents of such county or
432	municipality, or such county and one or more municipalities; and
433	(c)  Determines that the revitalization of such an urban a
434	high-crime area can occur if the public sector or private sector
435	can be induced to invest its own resources in productive
436	enterprises that build or rebuild the economic viability of the
437	area.
438	(7)  The governing body of the entity nominating the area
439	shall demonstrate provide to the Office of Tourism, Trade, and
440	Economic Development that the area meets the following:
441	(a)  Income characteristics:
442	1.  Forty percent of area residents are earning wages on an
443	annual basis that are equal to or less than the annual wage of a
444	person who is earning minimum wage; or
445	2.  More than 20 percent of residents or families live
446	below the federal standard of poverty for individuals or a
447	family of four. The overall index crime rate for the geographic
448	area;
449	(b)  Education characteristics:
450	1.  Has a high school dropout rate higher than the county
451	average; or
452	2.  Has a high school graduation rate lower than the state
453	average. The overall index crime volume for the area;
454	(c)  Workforce and employment characteristics:
455	1.  Has an unemployment rate at least 3 percentage points
456	higher than the state's unemployment rate;
457	2.  More than 50 percent of families subject to the
458	welfare-to-work transition time limit are either within 6 months
459	of the time limit or are receiving cash assistance under a
460	period of hardship extension to the time limit; or
461	3.  Is identified as a labor surplus area using the
462	criteria established by the United States Department of Labor's
463	Employment and Training Administration. The percentage of
464	reported index crimes that are violent in nature;
465	(d)  Crime characteristics:
466	1.  Has an arrest rate higher than the state's average rate
467	for such crimes as drug sale, drug possession, prostitution,
468	vandalism, and civil disturbances, as recorded by total crime
469	index of the Department of Law Enforcement; or
470	2.  Ranks in the top 30 percent of zip codes with reported
471	crimes that are violent in nature. The reported crime volume and
472	rate of specific property crimes such as business and
473	residential burglary, motor vehicle theft, and vandalism; and
474	(e)  Residential and commercial property related
475	characteristics:
476	1.  Fifty percent or more of area residents rent; or
477	2.a.  Property values are within the lower 50 percent of
478	the county's assessed property values;
479	b.  More than 5 percent of area homes, apartments, or
480	buildings are abandoned, have been condemned within the previous
481	24 months, or have a greater number of violations of the Florida
482	Building Code than recorded in the remainder of the county or
483	municipality; or
484	c.  Tax or special assessment delinquencies exceed the fair
485	value of the land The arrest rates within the geographic area
486	for violent crime and for such other crimes as drug sale, drug
487	possession, prostitution, disorderly conduct, vandalism, and
488	other public-order offenses.
489	(8)  A municipality, or a county and one or more
490	municipalities together, may not nominate more than one urban
491	high-crime area. However, any county as defined by s. 125.011(1)
492	may nominate no more than three urban high-crime areas.
493	(9)(a)  An area nominated by a county or municipality, or a
494	county and one or more municipalities together, for designation
495	as a designated urban job tax credit high-crime area shall be
496	eligible only if it meets the following criteria:
497	1.(a)  The selected area does not exceed 20 square miles
498	and either has a continuous boundary or consists of not more
499	than three noncontiguous parcels.;
500	2.(b)  The selected area does not exceed the following
501	mileage limitation:
502	a.1.  For areas communities having a total population of
503	150,000 persons or more, the selected area does not exceed 20
504	square miles and is within 10 miles of the central business
505	district of a city.
506	b.2.  For areas communities having a total population of
507	50,000 persons or more, but fewer than 150,000 persons, the
508	selected area does not exceed 10 square miles and is within 7.5
509	miles of the central business district of a city.
510	c.3.  For areas communities having a total population of
511	20,000 persons or more, but fewer than 50,000 persons, the
512	selected area does not exceed 5 square miles and is within 5
513	miles of the central business district of a city.
514	d.4.  For areas communities having a total population of
515	fewer than 20,000 persons, the selected area does not exceed 3
516	square miles and is within 3 miles of the central business
517	district of a city.
518	(b)  A designated urban job tax credit area may not include
519	any portion of a central business district, unless the poverty
520	rate for each census geographic block group in the district is
521	not less than 30 percent.
522	(10)(a)  In order to claim this credit, an eligible
523	business must file under oath with the Office of Tourism, Trade,
524	and Economic Development a statement that includes the name and
525	address of the eligible business and any other information that
526	is required to process the application.
527	(b)  Within 30 working days after receipt of an application
528	for credit, the Office of Tourism, Trade, and Economic
529	Development shall review the application to determine whether it
530	contains all the information required by this subsection and
531	meets the criteria set out in this section. Subject to the
532	provisions of paragraph (c), the Office of Tourism, Trade, and
533	Economic Development shall approve all applications that contain
534	the information required by this subsection and meet the
535	criteria set out in this section as eligible to receive a
536	credit.
537	(c)  The maximum credit amount that may be approved during
538	any calendar year is $5 million, of which $1 million shall be
539	exclusively reserved for tier-one areas. The Department of
540	Revenue, in conjunction with the Office of Tourism, Trade, and
541	Economic Development, shall notify the governing bodies in areas
542	designated under this section as urban high-crime areas when the
543	$5 million maximum amount has been reached. Applications must be
544	considered for approval in the order in which they are received
545	without regard to whether the credit is for a new or existing
546	business. This limitation applies to the value of the credit as
547	contained in approved applications. Approved credits may be
548	taken in the time and manner allowed pursuant to this section.
549	(11)  If the application is insufficient to support the
550	credit authorized in this section, the Office of Tourism, Trade,
551	and Economic Development shall deny the credit and notify the
552	business of that fact. The business may reapply for this credit
553	within 3 months after such notification.
554	(12)  If the credit under this section is greater than can
555	be taken on a single tax return, excess amounts may be taken as
556	credits on any tax return submitted within 12 months after the
557	approval of the application by the department.
558	(13)  It is the responsibility of each business to
559	affirmatively demonstrate to the satisfaction of the Department
560	of Revenue that it meets the requirements of this section.
561	(14)  Any person who fraudulently claims this credit is
562	liable for repayment of the credit plus a mandatory penalty of
563	100 percent of the credit and is guilty of a misdemeanor of the
564	second degree, punishable as provided in s. 775.082 or s.
565	775.083.
566	(15)  A corporation may take the credit under this section
567	against its corporate income tax liability, as provided in s.
568	220.1895. However, a corporation that applies its job tax credit
569	against the tax imposed by chapter 220 may not receive the
570	credit provided for in this section. A credit may be taken
571	against only one tax.
572	(16)  An eligible business may transfer any unused credit
573	in whole or in units of no less than 25 percent of the remaining
574	credit. The entity acquiring such credit may use it in the same
575	manner and with the same limitation as described in this
576	section. Such transferred credits may not be transferred again
577	although they may succeed to a surviving or acquiring entity
578	subject to the same conditions and limitations described in this
579	section.
580	(17)(16)  The department shall adopt rules governing the
581	manner and form of applications for credit or transfers of
582	credit and may establish guidelines concerning the requisites
583	for an affirmative showing of qualification for the credit under
584	this section.
585	Section 3.  Subsection (12) of section 212.098, Florida
586	Statutes, is renumbered as subsection (13), and a new subsection
587	(12) is added to said section to read:
588	212.098  Rural Job Tax Credit Program.--
589	(12)  An eligible business may transfer any unused credit
590	in whole or in units of not less than 25 percent of the
591	remaining credit. The entity acquiring such credit may use it in
592	the same manner and with the same limitation as described in
593	this section. Such transferred credits may not be transferred
594	again although they may succeed to a surviving or acquiring
595	entity subject to the same conditions and limitations described
596	in this section.
597	Section 4.  Section 220.1895, Florida Statutes, is amended
598	to read:
599	220.1895  Rural Job Tax Credit and Designated Urban High-
600	Crime Area Job Tax Credit Area.--There shall be allowed a credit
601	against the tax imposed by this chapter amounts approved by the
602	Office of Tourism, Trade, and Economic Development pursuant to
603	the Rural Job Tax Credit Program in s. 212.098 and the
604	Designated Urban High-Crime Area Job Tax Credit Area Program in
605	s. 212.097. A corporation that uses its credit against the tax
606	imposed by this chapter may not take the credit against the tax
607	imposed by chapter 212. If any credit granted under this section
608	is not fully used in the first year for which it becomes
609	available, the unused amount may be carried forward for a period
610	not to exceed 5 years. The carryover may be used in a subsequent
611	year when the tax imposed by this chapter for such year exceeds
612	the credit for such year under this section after applying the
613	other credits and unused credit carryovers in the order provided
614	in s. 220.02(8). The Office of Tourism, Trade, and Economic
615	Development shall conduct a review of the Urban High-Crime Area
616	Job Tax Credit and the Rural Job Tax Credit Program and submit
617	its report to the Governor, the President of the Senate, and the
618	Speaker of the House of Representatives by February 1, 2000.
619	Section 5.  Paragraph (c) of subsection (3) of section
620	288.095, Florida Statutes, is amended to read:
621	288.095  Economic Development Trust Fund.--
622	(3)
623	(c)  By December 31 of each year, Enterprise Florida, Inc.,
624	shall submit a complete and detailed report to the Governor, the
625	President of the Senate, the Speaker of the House of
626	Representatives, and the director of the Office of Tourism,
627	Trade, and Economic Development of all applications received,
628	recommendations made to the Office of Tourism, Trade, and
629	Economic Development, final decisions issued, tax refund
630	agreements executed, and tax refunds paid or other payments made
631	under all programs funded out of the Economic Development
632	Incentives Account, including analyses of benefits and costs,
633	types of projects supported, and employment and investment
634	created. Enterprise Florida, Inc., shall also include a separate
635	analysis of the impact of such tax refunds on state enterprise
636	zones designated pursuant to s. 290.0065, rural communities,
637	brownfield areas, and distressed urban communities. The report
638	must discuss whether the authority and moneys appropriated by
639	the Legislature to the Economic Development Incentives Account
640	were managed and expended in a prudent, fiducially sound manner.
641	The Office of Tourism, Trade, and Economic Development shall
642	assist Enterprise Florida, Inc., in the collection of data
643	related to business performance and incentive payments.
644	Section 6.  Subsection (7) of section 288.1045, Florida
645	Statutes, is amended to read:
646	288.1045  Qualified defense contractor tax refund
647	program.--
648	(7)  EXPIRATION.--An applicant may not be certified as
649	qualified under this section after June 30, 2009 2004. However,
650	a tax refund agreement that is in effect on that date shall
651	continue in effect in accordance with its terms.
652	Section 7.  Subsection (7) of section 288.106, Florida
653	Statutes, is amended to read:
654	288.106  Tax refund program for qualified target industry
655	businesses.--
656	(7)  EXPIRATION.--This section expires June 30, 2009 2004.
657	However, a tax refund agreement in effect on that date shall
658	continue in effect in accordance with the terms of the
659	agreement.
660	Section 8.  Subsections (7), (8), and (11) of section
661	288.901, Florida Statutes, are amended to read:
662	288.901  Enterprise Florida, Inc.; creation; membership;
663	organization; meetings; disclosure.--
664	(7)  The Governor shall serve as chairperson of the board
665	of directors. The board of directors shall biennially elect one
666	of its appointive members as vice chairperson. The president
667	shall keep a record of the proceedings of the board of directors
668	and is the custodian of all books, documents, and papers filed
669	with the board of directors, the minutes of the board of
670	directors, and the official seal of Enterprise Florida, Inc.
671	(8)  The board of directors shall meet at least four times
672	each year, upon the call of the chairperson, at the request of
673	the vice chairperson, or at the request of a majority of the
674	membership. A majority of the total number of current, voting
675	all directors fixed by subsection (3) shall constitute a quorum.
676	The board of directors may take official action by a majority
677	vote of the members present at any meeting at which a quorum is
678	present.
679	(11)  Notwithstanding the provisions of subsection (3), the
680	board of directors may by resolution appoint at-large members to
681	the board from the private sector, each of whom may serve a 1-
682	year term. At-large members shall have the powers and duties of
683	other members of the board, except that they may not serve on an
684	executive committee. An at-large member is eligible for
685	reappointment but may not vote on his or her own reappointment.
686	An at-large member shall be eligible to fill vacancies occurring
687	among private-sector appointees under subsection (3).
688	Section 9.  Subsection (1), paragraph (b) of subsection
689	(4), and subsections (5), (7), and (8) of section 288.90151,
690	Florida Statutes, are amended to read:
691	288.90151  Return on investment from activities of
692	Enterprise Florida, Inc.--
693	(1)  The public funds appropriated each year for the
694	operation of Enterprise Florida, Inc., are invested in this
695	public-private partnership to enhance international trade and
696	economic development, to spur job-creating investments, and to
697	create new employment opportunities for Floridians, and to
698	prepare Floridians for those jobs. This policy will be the
699	Legislature's priority consideration when reviewing the return-
700	on-investment for Enterprise Florida, Inc.
701	(4)
702	(b)  The board of directors of Enterprise Florida, Inc.,
703	shall adopt for each upcoming fiscal year an operating budget
704	for the organization that specifies the intended uses of the
705	state's operating investment and a plan for securing private-
706	sector support to Enterprise Florida, Inc. Each fiscal year
707	private-sector support to Enterprise Florida, Inc., shall equal
708	no less than 100 percent of the state's operating investment,
709	including at least $1 million in cash as defined in paragraph
710	(5)(a), and an additional $400,000 in cash as defined in
711	paragraphs (5)(a), (b), and (c).
712	(5)  Private-sector support in operating Enterprise
713	Florida, Inc., includes:
714	(a)  Cash given directly to Enterprise Florida, Inc., for
715	its operations, excluding contributions from grantees or from
716	companies with Enterprise Florida, Inc., contracts representing
717	more than 5 percent of the value of all Enterprise Florida,
718	Inc., contracts, exclusive of grants, or more than 5 percent of
719	the company's revenues. Cash in this category is not subject to
720	restrictions on the use of appropriated funds. operating budget;
721	(b)  Cash jointly raised by Enterprise Florida, Inc., and a
722	local economic development organization, a group of such
723	organizations, or a statewide business organization that
724	supports collaborative projects.;
725	(c)  Cash generated by fees charged for products or
726	services of Enterprise Florida, Inc., and by sponsorship of
727	events, missions, programs, and publications; and
728	(d)  In-kind contributions directly to Enterprise Florida,
729	Inc., including: business expenditures; business services
730	provided; business support; or other business contributions that
731	augment the operations, program, activities, or assets of
732	Enterprise Florida, Inc., including, but not limited to: an
733	individual's time and expertise; sponsored publications;
734	private-sector staff services; payment for advertising
735	placements; sponsorship of events; sponsored or joint research;
736	discounts on leases or purchases; mission or program
737	sponsorship; and copayments, stock, warrants, royalties, or
738	other private resources dedicated to Enterprise Florida, Inc.
739	(7)  As part of the annual report required under s.
740	288.906, Enterprise Florida, Inc., shall include a study provide
741	the Legislature with information quantifying the public's
742	return-on-investment as described in this section for fiscal
743	year 1997-1998 and each subsequent fiscal year. The annual
744	report shall also include the results of a customer-satisfaction
745	survey of businesses served, as well as the lead economic
746	development staff person of each primary partner organization
747	local economic development organization that employs a full-time
748	or part-time staff person.
749	(8)  Enterprise Florida, Inc., in consultation with the
750	Office of Program Policy Analysis and Government Accountability,
751	shall hire an economic analysis a private accounting firm to
752	develop the methodology for establishing and reporting return-
753	on-investment and in-kind contributions as described in this
754	section and a firm experienced in survey research to develop,
755	analyze, and report on the results of the customer-satisfaction
756	survey. The Office of Program Policy Analysis and Government
757	Accountability shall review and offer feedback on the
758	methodology before it is implemented. The private accounting
759	firm shall certify whether the applicable statements in the
760	annual report comply with this subsection.
761	Section 10.  Subsection (3) of section 288.903, Florida
762	Statutes, is amended to read:
763	288.903  Board of directors of Enterprise Florida, Inc.;
764	president; employees.--
765	(3)  The board of directors of Enterprise Florida, Inc.,
766	and its officers shall be responsible for the prudent use of all
767	public and private funds and shall ensure that the use of such
768	funds is in accordance with all applicable laws, bylaws, or
769	contractual requirements. No employee of Enterprise Florida,
770	Inc., may receive compensation for employment which exceeds the
771	salary paid to the Governor, unless the board of directors and
772	the employee have executed a contract that prescribes specific,
773	measurable performance outcomes for the employee, the
774	satisfaction of which provides the basis for the award of
775	incentive payments that increase the employee's total
776	compensation to a level above the salary paid to the Governor.
777	Section 11.  Paragraph (b) of subsection (1) of section
778	288.904, Florida Statutes, is amended to read:
779	288.904  Powers of the board of directors of Enterprise
780	Florida, Inc.--
781	(1)  The board of directors of Enterprise Florida, Inc.,
782	shall have the power to:
783	(b)1.  Make and enter into contracts and other instruments
784	necessary or convenient for the exercise of its powers and
785	functions, except that any contract made with an organization
786	represented on the board of directors that exceeds 5 percent of
787	the total annual amount of contracts of Enterprise Florida,
788	Inc., exclusive of grants, or 5 percent of the represented
789	organization's annual revenue must be approved by a two-thirds
790	vote of the entire board members in attendance at a meeting at
791	which a quorum is present of directors, and the board member
792	representing such organization shall abstain from voting. No
793	more than 65 percent of the dollar value of all contracts or
794	other agreements entered into in any fiscal year, exclusive of
795	grant programs, shall be made with an organization represented
796	on the board of directors. This section does not apply to
797	contracts awarded by another entity to an organization
798	represented on the board of directors or to contracts if
799	Enterprise Florida, Inc., is the recipient of funds from an
800	organization represented on the board of directors An
801	organization represented on the board may not enter into a
802	contract to receive a state-funded economic development
803	incentive or similar grant, unless such incentive award is
804	specifically endorsed by a two-thirds vote of the entire board.
805	The board member representing such organization, if applicable,
806	shall abstain from voting and refrain from discussing the issue
807	with other members of the board. No more than 50 percent of the
808	dollar value of grants issued by the board in any fiscal year
809	may go to businesses associated with board members.
810	2.  A contract that Enterprise Florida, Inc., executes with
811	a person or organization under which such person or organization
812	agrees to perform economic development services or similar
813	business assistance services on behalf of Enterprise Florida,
814	Inc., or on behalf of the state must include provisions
815	requiring that such person or organization report on
816	performance, account for proper use of funds provided under the
817	contract, coordinate with other components of state and local
818	economic development systems, and avoid duplication of existing
819	state and local services and activities.
820	Section 12.  Subsection (6) of section 288.905, Florida
821	Statutes, is amended to read:
822	288.905  Duties of the board of directors of Enterprise
823	Florida, Inc.--
824	(6)  Any employee leased by Enterprise Florida, Inc., from
825	the state, or any employee who derives his or her salary from
826	funds appropriated by the Legislature, may not receive a pay
827	raise or bonus in excess of a pay raise or bonus that is
828	received by similarly situated state employees. However, this
829	subsection does not prohibit the payment of a pay raise or bonus
830	from funds received from sources other than the Florida
831	Legislature.
832	Section 13.  Effective July 1, 2004, notwithstanding
833	section 80 of chapter 2003-399, Laws of Florida, section
834	288.9515, Florida Statutes, shall not stand repealed on July 1,
835	2004, as scheduled by such law, but said section is reenacted
836	and amended to read:
837	288.9515  Authorized technology development programs.--
838	(1)  Enterprise Florida, Inc., may create technology
839	development and applications services, and may serve as an
840	umbrella organization for the coordination of information that
841	provides technology applications service providers throughout
842	the state which provide critical, managerial, technological,
843	scientific, and related financial and business expertise
844	essential for international and domestic competitiveness to
845	small-sized and medium-sized manufacturing and knowledge-based
846	service firms. Enterprise Florida, Inc., is authorized the
847	following powers in order to carry out these functions:
848	(a)  Providing communication and coordination services
849	among technology development and applications service providers
850	throughout the state.
851	(b)  Providing coordinated marketing services to small-
852	sized and medium-sized manufacturers in the state on behalf of,
853	and in partnership with, technology applications service
854	providers.
855	(b)(c)  Securing additional sources of funds on behalf of,
856	and in partnership with, technology-based businesses technology
857	applications service providers.
858	(c)(d)  Developing plans and policies to assist small-sized
859	and medium-sized manufacturing companies or other knowledge-
860	based firms in Florida.
861	(e)  Entering into contracts with technology applications
862	service providers for expanded availability of high-quality
863	assistance to small-sized and medium-sized manufacturing
864	companies or knowledge-based service firms, including, but not
865	limited to, technological, human resources development, market
866	planning, finance, and interfirm collaboration. Enterprise
867	Florida, Inc., shall ensure that all contracts in excess of
868	$20,000 for the delivery of such assistance to Florida firms
869	shall be based on competitive requests for proposals and shall
870	establish clear standards for the delivery of services under
871	such contracts. Such standards include, but are not limited to:
872	1.  The ability and capacity to deliver services in
873	sufficient quality and quantity.
874	2.  The ability and capacity to deliver services in a
875	timely manner.
876	3.  The ability and capacity to meet the needs of firms in
877	the proposed market area.
878	(d)(f)  Assisting other educational institutions,
879	enterprises, or the entities providing business assistance to
880	small-sized and medium-sized manufacturing and knowledge-based
881	services enterprises.
882	(g)  Establishing a system to evaluate the effectiveness
883	and efficiency of technology applications services provided to
884	small-sized and medium-sized enterprises.
885	(e)(h)  Establishing special education and informational
886	programs for Florida enterprises and for educational
887	institutions and enterprises providing business assistance to
888	Florida enterprises.
889	(f)(i)  Assisting in evaluating and documenting the needs
890	of firms in this state for technology development and
891	application services, and developing means to ensure that these
892	needs are met, consistent with the powers provided for in this
893	subsection.
894	(g)(j)  Maintaining an office in such place or places as
895	the board of directors of Enterprise Florida, Inc., approves.
896	(h)(k)  Making and executing contracts with any person,
897	enterprise, educational institution, association, or any other
898	entity necessary or convenient for the performance of its duties
899	and the exercise of the powers and functions of Enterprise
900	Florida, Inc., under this subsection.
901	(i)(l)  Receiving funds from any source to carry out the
902	purposes of providing technology development and applications
903	services, including, but not limited to, gifts or grants from
904	any department, agency, or instrumentality of the United States
905	or of the state, or any enterprise or person, for any purpose
906	consistent with the provisions of this subsection.
907	(2)  When choosing contractors under this section,
908	preference shall be given to existing institutions,
909	organizations, and enterprises so long as these existing
910	institutions, organizations, and enterprises demonstrate the
911	ability to perform at standards established by Enterprise
912	Florida, Inc., under paragraph (1)(e). Neither the provisions of
913	ss. 288.9511-288.9517 nor the actions taken by Enterprise
914	Florida, Inc., under this section shall impair or hinder the
915	operations, performance, or resources of any existing
916	institution, organization, or enterprise.
917	(3)  Enterprise Florida, Inc., may create a technology
918	development financing fund, to be called the Florida Technology
919	Research Investment Fund. The fund shall increase technology
920	development in this state by investing in technology development
921	projects that have the potential to generate investment-grade
922	technologies of importance to the state's economy as evidenced
923	by the willingness of private businesses to coinvest in such
924	projects. Enterprise Florida, Inc., may also demonstrate and
925	develop effective approaches to, and benefits of, commercially
926	oriented research collaborations between businesses,
927	universities, and state and federal agencies and organizations.
928	Enterprise Florida, Inc., shall endeavor to maintain the fund as
929	a self-supporting fund once the fund is sufficiently capitalized
930	under program guidelines of Enterprise Florida, Inc. as
931	reflected in the minimum funding report required in s. 288.9516.
932	The technology research investment projects may include, but are
933	not limited to:
934	(a)  Technology development projects expected to lead to a
935	specific investment-grade technology that is of importance to
936	industry in this state.
937	(b)  Technology development centers and facilities expected
938	to generate a stream of products and processes with commercial
939	application of importance to industry in this state.
940	(c)  Technology development projects that have, or are
941	currently using, other federal or state funds such as federal
942	Small Business Innovation Research awards.
943	(4)  Enterprise Florida, Inc., shall invest moneys
944	contained in the Florida Technology Research Investment Fund in
945	technology application research or for technology development
946	projects that have the potential for commercial market
947	application. The partnership shall coordinate any investment in
948	any space-related technology projects with the Florida Space
949	Authority and the Technological Research and Development
950	Authority.
951	(a)  The investment of moneys contained in the Florida
952	Technology Research Investment Fund is limited to qualified
953	investments in qualified securities in which a private
954	enterprise in this state coinvests at least 40 percent of the
955	total project costs, in conjunction with other cash or noncash
956	investments from state educational institutions, state and
957	federal agencies, or other institutions.
958	(b)  All moneys in the Florida Technology Research
959	Investment Fund shall be continuously appropriated to the fund
960	and may be used for loan guarantees, letter of credit
961	guarantees, cash reserves for loan and letter of credit
962	guarantees, payments of claims pursuant to contracts for
963	guarantees, subordinated loans, loans with warrants, royalty
964	investments, equity investments, and For the purposes of this
965	fund, qualified securities include loans, loans convertible to
966	equity, equity, loans with warrants attached that are
967	beneficially owned by the board, royalty agreements, or any
968	other contractual arrangements through which the Florida
969	Technology Research Investment Fund receives an interest, right,
970	return of funds, or other consideration and may be used for
971	operations of the fund. All such uses of moneys in the fund are
972	qualified investments. Any claim against the fund or Enterprise
973	Florida, Inc., relating to investment of moneys in the fund
974	shall be paid solely from the fund. Neither the credit nor the
975	taxing power of the state shall be pledged to secure the fund or
976	moneys in the fund, other than from moneys appropriated or
977	assigned to the fund, and the state shall not be liable or
978	obligated in any way for any claims against the fund or against
979	Enterprise Florida, Inc. arrangement in which the board is
980	providing scientific and technological services to any federal,
981	state, county, or municipal agency, or to any individual,
982	corporation, enterprise, association, or any other entity
983	involving technology development.
984	(c)  Not more than $175,000 or 5 percent of the revenues
985	generated by investment of moneys contained in the Florida
986	Technology Research Investment Fund plus 5 percent of the
987	revenues generated by investments under the Florida Small
988	Business Technology Growth Program under s. 288.95155, whichever
989	is greater, may be used on an annual basis to pay the combined
990	operating expenses associated with operation of the Florida
991	Technology Research Investment Fund and the Florida Small
992	Business Technology Growth Program.
993	(d)  In the event of liquidation or dissolution of
994	Enterprise Florida, Inc., or the Florida Technology Research
995	Investment Fund, any rights or interests in a qualified security
996	or portion of a qualified security purchased with moneys
997	invested by the State of Florida shall vest in the state, under
998	the control of the State Board of Administration. The state is
999	entitled to, in proportion to the amount of investment in the
1000	fund by the state, any balance of funds remaining in the Florida
1001	Technology Research Investment Fund after payment of all debts
1002	and obligations upon liquidation or dissolution of Enterprise
1003	Florida, Inc., or the fund.
1004	(e)  The investment of funds contained in the Florida
1005	Technology Research Investment Fund does not constitute a debt,
1006	liability, or obligation of the State of Florida or of any
1007	political subdivision thereof, or a pledge of the faith and
1008	credit of the state or of any such political subdivision.
1009	(5)  Enterprise Florida, Inc., may create technology
1010	commercialization programs in partnership with private
1011	enterprises, educational institutions, and other institutions to
1012	increase the rate at which technologies with potential
1013	commercial application are moved from university, public, and
1014	industry laboratories into the marketplace. Such programs shall
1015	be created based upon research to be conducted by Enterprise
1016	Florida, Inc.
1017	(6)  Enterprise Florida, Inc., shall coordinate with local
1018	and regional economic development organizations to facilitate a
1019	statewide entrepreneurship strategy to stimulate the growth of
1020	startup businesses and technology innovations in this state.
1021	This strategy must include, but need not be limited to,
1022	technology transfer coordination, university linkages,
1023	entrepreneurial networks and training, and startup capital
1024	access, including the formation and growth of individual and
1025	business networks that may be willing to invest in startup
1026	businesses in this state.
1027	Section 14.  Subsection (2) of section 288.99, Florida
1028	Statutes, is amended to read:
1029	288.99  Certified Capital Company Act.--
1030	(2)  PURPOSE.--The primary purpose of this act is to
1031	stimulate a substantial increase in venture capital investments
1032	in this state by providing an incentive for insurance companies
1033	to invest in certified capital companies in this state which, in
1034	turn, will make investments in new businesses or in expanding
1035	businesses, including minority-owned or minority-operated
1036	businesses and businesses located in a designated Front Porch
1037	community, enterprise zone, designated urban job tax credit
1038	high-crime area, rural job tax credit county, or nationally
1039	recognized historic district. The increase in investment capital
1040	flowing into new or expanding businesses is intended to
1041	contribute to employment growth, create jobs which exceed the
1042	average wage for the county in which the jobs are created, and
1043	expand or diversify the economic base of this state.
1044	Section 15.  Subsections (3) and (4) of section 288.041,
1045	Florida Statutes, are repealed:
1046	288.041  Solar energy industry; legislative findings and
1047	policy; promotional activities.--
1048	(3)  Enterprise Florida, Inc., and its boards shall assist
1049	in the expansion of the solar energy industry in this state.
1050	Such efforts shall be undertaken in cooperation with the
1051	Department of Community Affairs, the Florida Solar Energy
1052	Center, and the Florida Solar Energy Industries Association, and
1053	shall include:
1054	(a)  Providing assistance and support to new and existing
1055	photovoltaic companies, with special emphasis on attracting one
1056	or more manufacturers of photovoltaic products to locate within
1057	this state.
1058	(b)  Sponsoring initiatives which aid and take full
1059	advantage of the export market potential of solar technologies.
1060	(c)  Informing the business sector of this state about
1061	opportunities for cost-effective commercial applications of
1062	solar technologies.
1063	(d)  Encouraging employment of residents of this state by
1064	solar energy companies.
1065	(e)  Retaining existing solar energy companies and
1066	supporting their expansion efforts in this state.
1067	(f)  Supporting the promotion of solar energy by sponsoring
1068	workshops, seminars, conferences, and educational programs on
1069	the benefits of solar energy.
1070	(g)  Recognizing outstanding developments and achievements
1071	in, and contributions to, the solar energy industry.
1072	(h)  Collecting and disseminating solar energy information
1073	relevant to the promotion of solar energy applications.
1074	(i)  Enlisting the support of persons, civic groups, the
1075	solar energy industry, and other organizations to promote and
1076	improve solar energy products and services.
1077	(4)  The department shall also promote projects that
1078	demonstrate viable applications of solar technology which may
1079	include, but shall not be limited to: irrigation and stock
1080	watering, process heat for dairy and citrus operations,
1081	aquaculture, hydroponics, horticulture, waste detoxification,
1082	and other means of meeting the energy needs of the agricultural
1083	industry.
1084	Section 16.  Subsection (3) of section 288.9015, Florida
1085	Statutes, is repealed:
1086	288.9015  Enterprise Florida, Inc.; purpose; duties.--
1087	(3)  It shall be the responsibility of Enterprise Florida,
1088	Inc., through the Workforce Development Board, to develop a
1089	comprehensive approach to workforce development that will result
1090	in better employment opportunities for the residents of this
1091	state. Such comprehensive approach must include:
1092	(a)  Creating and maintaining a highly skilled workforce
1093	that is capable of responding to rapidly changing technology and
1094	diversified market opportunities.
1095	(b)  Training, educating, and assisting target populations,
1096	such as those who are economically disadvantaged or who
1097	participate in the WAGES Program or otherwise receive public
1098	assistance to become independent, self-reliant, and self-
1099	sufficient. This approach must ensure the effective use of
1100	federal, state, local, and private resources in reducing the
1101	need for public assistance.
1102	Section 17.  Section 288.8155, Florida Statutes, is
1103	repealed.
1104	Section 18.  Effective July 1, 2004, section 288.9517,
1105	Florida Statutes, and section 14 of chapter 93-187, Laws of
1106	Florida, are repealed.
1107	Section 19.  Except as otherwise provided herein, this act
1108	shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.