Senate Bill sb2216
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    Florida Senate - 2005                                  SB 2216
    By Senator Saunders
    37-1127-05
  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., relating to payment of claims
  6         for certain tax refunds; revising a reporting
  7         requirement; amending s. 288.1045, F.S.;
  8         redefining the term "jobs"; clarifying that
  9         state communications services taxes may be
10         refunded; revising requirements for an
11         application for certification; permitting a
12         qualified applicant to seek an
13         economic-stimulus exemption due to the effects
14         of a named hurricane or tropical storm;
15         extending the period of the exemption; revising
16         the exemption application deadline; providing
17         for retroactivity; clarifying the cap on tax
18         refunds; providing for a waiver of the
19         requirement for local financial support, in
20         certain circumstances and for a limited time;
21         revising the expiration date; amending s.
22         288.106, F.S.; clarifying that state
23         communications services taxes may be refunded;
24         revising an application requirement; permitting
25         a business to seek an economic-stimulus
26         exemption due to the effects of a named
27         hurricane or tropical storm; extending the
28         period of the exemption; revising the exemption
29         application deadline; providing for
30         retroactivity; providing for a waiver of the
31         requirement for local financial support, in
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    Florida Senate - 2005                                  SB 2216
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 1         certain circumstances and for a limited time;
 2         revising the expiration date; requiring the
 3         Office of Tourism, Trade, and Economic
 4         Development to attempt to amend existing tax
 5         refund agreements; providing an effective date.
 6  
 7  Be It Enacted by the Legislature of the State of Florida:
 8  
 9         Section 1.  Paragraphs (b) and (c) of subsection (3) of
10  section 288.095, Florida Statutes, are amended to read:
11         288.095  Economic Development Trust Fund.--
12         (3)
13         (b)  The total amount of tax refund claims approved for
14  payment by the Office of Tourism, Trade, and Economic
15  Development based on actual project performance may not exceed
16  the amount appropriated to the Economic Development Incentives
17  Account for such purposes for the fiscal year. Claims for tax
18  refunds under ss. 288.1045 and 288.106 shall be paid in the
19  order the claims are approved by the Office of Tourism, Trade,
20  and Economic Development. If In the event the Legislature does
21  not appropriate an amount sufficient to satisfy the estimates
22  by the office for tax refunds under ss. 288.1045 and 288.106
23  in a fiscal year, the Office of Tourism, Trade, and Economic
24  Development shall pay the tax refunds from the appropriation
25  for the following, not later than July 15 of such year,
26  determine the proportion of each refund claim which shall be
27  paid by dividing the amount appropriated for tax refunds for
28  the fiscal year by the estimated total of refund claims for
29  the fiscal year. By March 1 of each year, the Office of
30  Tourism, Trade, and Economic Development shall notify the
31  legislative appropriations committees of the Senate and House
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    Florida Senate - 2005                                  SB 2216
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 1  of Representatives of any anticipated shortfall in the amount
 2  of funds needed to satisfy claims for tax refunds from the
 3  appropriation for the current fiscal year. The amount of each
 4  claim for a tax refund shall be multiplied by the resulting
 5  quotient. If, after the payment of all such refund claims,
 6  funds remain in the Economic Development Incentives Account
 7  for tax refunds, the office shall recalculate the proportion
 8  for each refund claim and adjust the amount of each claim
 9  accordingly.
10         (c)  By December 31 of each year, Enterprise Florida,
11  Inc., shall submit a complete and detailed report to the
12  Governor, the President of the Senate, the Speaker of the
13  House of Representatives, and the director of the Office of
14  Tourism, Trade, and Economic Development of all applications
15  received, recommendations made to the Office of Tourism,
16  Trade, and Economic Development, final decisions issued, tax
17  refund agreements executed, and tax refunds paid or other
18  payments made under all programs funded out of the Economic
19  Development Incentives Account, including analyses of benefits
20  and costs, types of projects supported, and employment and
21  investment created. Enterprise Florida, Inc., shall also
22  include a separate analysis of the impact of such tax refunds
23  on state enterprise zones designated pursuant to s. 290.0065,
24  rural communities, brownfield areas, and distressed urban
25  communities. The report must also discuss the efforts made by
26  the Office of Tourism, Trade, and Economic Development to
27  amend tax refund agreements to require tax refund claims to be
28  submitted by January 31 for the net new full-time equivalent
29  Florida jobs as of December 31 of the preceding calendar year.
30  The report must also list the name and amount of the tax
31  refund for each business that has received a tax refund under
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    Florida Senate - 2005                                  SB 2216
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 1  s. 288.1045 or s. 288.106 during the preceding fiscal year.
 2  The report must discuss whether the authority and moneys
 3  appropriated by the Legislature to the Economic Development
 4  Incentives Account were managed and expended in a prudent,
 5  fiducially sound manner. The Office of Tourism, Trade, and
 6  Economic Development shall assist Enterprise Florida, Inc., in
 7  the collection of data related to business performance and
 8  incentive payments.
 9         Section 2.  Paragraph (g) of subsection (1), paragraph
10  (f) of subsection (2), paragraphs (b), (c), and (d) of
11  subsection (3), paragraph (b) of subsection (4), and paragraph
12  (e) of subsection (5) of section 288.1045, Florida Statutes,
13  are amended, present subsection (7) of that section is
14  redesignated as subsection (8) and amended, and a new
15  subsection (7) is added to that section, to read:
16         288.1045  Qualified defense contractor tax refund
17  program.--
18         (1)  DEFINITIONS.--As used in this section:
19         (g)  "Jobs" means full-time equivalent positions,
20  consistent with the use of such terms by the Agency for
21  Workforce Innovation for the purpose of unemployment
22  compensation tax, created or retained as a direct result of
23  resulting directly from a project in this state. This number
24  does not include temporary construction jobs involved with the
25  construction of facilities for the project.
26         (2)  GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.--
27         (f)  After entering into a tax refund agreement
28  pursuant to subsection (4), a qualified applicant may receive
29  refunds from the Economic Development Trust Fund for the
30  following taxes due and paid by the qualified applicant
31  
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 1  beginning with the applicant's first taxable year that begins
 2  after entering into the agreement:
 3         1.  Taxes on sales, use, and other transactions paid
 4  pursuant to chapter 212.
 5         2.  State communications services taxes administered
 6  under chapter 202. This subparagraph does not apply to the
 7  gross receipts tax imposed under chapter 203 and administered
 8  under chapter 202 or the local communications services tax
 9  authorized under s. 202.19.
10         3.2.  Corporate income taxes paid pursuant to chapter
11  220.
12         4.3.  Intangible personal property taxes paid pursuant
13  to chapter 199.
14         5.4.  Emergency excise taxes paid pursuant to chapter
15  221.
16         6.5.  Excise taxes paid on documents pursuant to
17  chapter 201.
18         7.6.  Ad valorem taxes paid, as defined in s.
19  220.03(1)(a) on June 1, 1996.
20  
21  However, a qualified applicant may not receive a tax refund
22  pursuant to this section for any amount of credit, refund, or
23  exemption granted such contractor for any of such taxes. If a
24  refund for such taxes is provided by the office, which taxes
25  are subsequently adjusted by the application of any credit,
26  refund, or exemption granted to the qualified applicant other
27  than that provided in this section, the qualified applicant
28  shall reimburse the Economic Development Trust Fund for the
29  amount of such credit, refund, or exemption. A qualified
30  applicant must notify and tender payment to the office within
31  20 days after receiving a credit, refund, or exemption, other
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 1  than that provided in this section. The addition of
 2  communications services taxes administered under chapter 202
 3  is remedial in nature and retroactive to October 1, 2001. The
 4  office may make supplemental tax refund payments to allow for
 5  tax refunds for communications services taxes paid by an
 6  eligible qualified defense contractor after October 1, 2001.
 7         (3)  APPLICATION PROCESS; REQUIREMENTS; AGENCY
 8  DETERMINATION.--
 9         (b)  Applications for certification based on the
10  consolidation of a Department of Defense contract or a new
11  Department of Defense contract must be submitted to the office
12  as prescribed by the office and must include, but are not
13  limited to, the following information:
14         1.  The applicant's federal employer identification
15  number, the applicant's Florida sales tax registration number,
16  and a notarized signature of an officer of the applicant.
17         2.  The permanent location of the manufacturing,
18  assembling, fabricating, research, development, or design
19  facility in this state at which the project is or is to be
20  located.
21         3.  The Department of Defense contract numbers of the
22  contract to be consolidated, the new Department of Defense
23  contract number, or the "RFP" number of a proposed Department
24  of Defense contract.
25         4.  The date the contract was executed or is expected
26  to be executed, and the date the contract is due to expire or
27  is expected to expire.
28         5.  The commencement date for project operations under
29  the contract in this state.
30  
31  
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 1         6.  The number of net new full-time equivalent Florida
 2  jobs included in the project as of December 31 of each year
 3  and the average wage of such jobs.
 4         7.  The number of full-time equivalent Florida jobs to
 5  be retained by the project.
 6         8.7.  The total number of full-time equivalent
 7  employees employed by the applicant in this state.
 8         9.8.  The percentage of the applicant's gross receipts
 9  derived from Department of Defense contracts during the 5
10  taxable years immediately preceding the date the application
11  is submitted.
12         9.  The amount of:
13         a.  Taxes on sales, use, and other transactions paid
14  pursuant to chapter 212;
15         b.  Corporate income taxes paid pursuant to chapter
16  220;
17         c.  Intangible personal property taxes paid pursuant to
18  chapter 199;
19         d.  Emergency excise taxes paid pursuant to chapter
20  221;
21         e.  Excise taxes paid on documents pursuant to chapter
22  201; and
23         f.  Ad valorem taxes paid
24  
25  during the 5 fiscal years immediately preceding the date of
26  the application, and the projected amounts of such taxes to be
27  due in the 3 fiscal years immediately following the date of
28  the application.
29         10.  The estimated amount of tax refunds to be claimed
30  for each fiscal year.
31  
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 1         11.  A brief statement concerning the applicant's need
 2  for tax refunds, and the proposed uses of such refunds by the
 3  applicant.
 4         12.  A resolution adopted by the county commissioners
 5  of the county in which the project will be located, which
 6  recommends the applicant be approved as a qualified applicant,
 7  and which indicates that the necessary commitments of local
 8  financial support for the applicant exist. Prior to the
 9  adoption of the resolution, the county commission may review
10  the proposed public or private sources of such support and
11  determine whether the proposed sources of local financial
12  support can be provided or, for any applicant whose project is
13  located in a county designated by the Rural Economic
14  Development Initiative, a resolution adopted by the county
15  commissioners of such county requesting that the applicant's
16  project be exempt from the local financial support
17  requirement.
18         13.  Any additional information requested by the
19  office.
20         (c)  Applications for certification based on the
21  conversion of defense production jobs to nondefense production
22  jobs must be submitted to the office as prescribed by the
23  office and must include, but are not limited to, the following
24  information:
25         1.  The applicant's federal employer identification
26  number, the applicant's Florida sales tax registration number,
27  and a notarized signature of an officer of the applicant.
28         2.  The permanent location of the manufacturing,
29  assembling, fabricating, research, development, or design
30  facility in this state at which the project is or is to be
31  located.
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 1         3.  The Department of Defense contract numbers of the
 2  contract under which the defense production jobs will be
 3  converted to nondefense production jobs.
 4         4.  The date the contract was executed, and the date
 5  the contract is due to expire or is expected to expire, or was
 6  canceled.
 7         5.  The commencement date for the nondefense production
 8  operations in this state.
 9         6.  The number of net new full-time equivalent Florida
10  jobs included in the nondefense production project as of
11  December 31 of each year and the average wage of such jobs.
12         7.  The number of full-time equivalent Florida jobs to
13  be retained by the project.
14         8.7.  The total number of full-time equivalent
15  employees employed by the applicant in this state.
16         9.8.  The percentage of the applicant's gross receipts
17  derived from Department of Defense contracts during the 5
18  taxable years immediately preceding the date the application
19  is submitted.
20         9.  The amount of:
21         a.  Taxes on sales, use, and other transactions paid
22  pursuant to chapter 212;
23         b.  Corporate income taxes paid pursuant to chapter
24  220;
25         c.  Intangible personal property taxes paid pursuant to
26  chapter 199;
27         d.  Emergency excise taxes paid pursuant to chapter
28  221;
29         e.  Excise taxes paid on documents pursuant to chapter
30  201; and
31         f.  Ad valorem taxes paid
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 1  
 2  during the 5 fiscal years immediately preceding the date of
 3  the application, and the projected amounts of such taxes to be
 4  due in the 3 fiscal years immediately following the date of
 5  the application.
 6         10.  The estimated amount of tax refunds to be claimed
 7  for each fiscal year.
 8         11.  A brief statement concerning the applicant's need
 9  for tax refunds, and the proposed uses of such refunds by the
10  applicant.
11         12.  A resolution adopted by the county commissioners
12  of the county in which the project will be located, which
13  recommends the applicant be approved as a qualified applicant,
14  and which indicates that the necessary commitments of local
15  financial support for the applicant exist. Prior to the
16  adoption of the resolution, the county commission may review
17  the proposed public or private sources of such support and
18  determine whether the proposed sources of local financial
19  support can be provided or, for any applicant whose project is
20  located in a county designated by the Rural Economic
21  Development Initiative, a resolution adopted by the county
22  commissioners of such county requesting that the applicant's
23  project be exempt from the local financial support
24  requirement.
25         13.  Any additional information requested by the
26  office.
27         (d)  Applications for certification based on a contract
28  for reuse of a defense-related facility must be submitted to
29  the office as prescribed by the office and must include, but
30  are not limited to, the following information:
31  
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 1         1.  The applicant's Florida sales tax registration
 2  number and a notarized signature of an officer of the
 3  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 business entity holding a valid Department of
 9  Defense contract or branch of the Armed Forces of the United
10  States that previously occupied the facility, and the date
11  such entity last occupied the facility.
12         4.  A copy of the contract to reuse the facility, or
13  such alternative proof as may be prescribed by the office that
14  the applicant is seeking to contract for the reuse of such
15  facility.
16         5.  The date the contract to reuse the facility was
17  executed or is expected to be executed, and the date the
18  contract is due to expire or is expected to expire.
19         6.  The commencement date for project operations under
20  the contract in this state.
21         7.  The number of net new full-time equivalent Florida
22  jobs included in the project as of December 31 of each year
23  and the average wage of such jobs.
24         8.  The number of full-time equivalent Florida jobs to
25  be retained by the project.
26         9.8.  The total number of full-time equivalent
27  employees employed by the applicant in this state.
28         9.  The amount of:
29         a.  Taxes on sales, use, and other transactions paid
30  pursuant to chapter 212.
31  
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 1         b.  Corporate income taxes paid pursuant to chapter
 2  220.
 3         c.  Intangible personal property taxes paid pursuant to
 4  chapter 199.
 5         d.  Emergency excise taxes paid pursuant to chapter
 6  221.
 7         e.  Excise taxes paid on documents pursuant to chapter
 8  201.
 9         f.  Ad valorem taxes paid during the 5 fiscal years
10  immediately preceding the date of the application, and the
11  projected amounts of such taxes to be due in the 3 fiscal
12  years immediately following the date of the application.
13         10.  The estimated amount of tax refunds to be claimed
14  for each fiscal year.
15         11.  A brief statement concerning the applicant's need
16  for tax refunds, and the proposed uses of such refunds by the
17  applicant.
18         12.  A resolution adopted by the county commissioners
19  of the county in which the project will be located, which
20  recommends the applicant be approved as a qualified applicant,
21  and which indicates that the necessary commitments of local
22  financial support for the applicant exist. Prior to the
23  adoption of the resolution, the county commission may review
24  the proposed public or private sources of such support and
25  determine whether the proposed sources of local financial
26  support can be provided or, for any applicant whose project is
27  located in a county designated by the Rural Economic
28  Development Initiative, a resolution adopted by the county
29  commissioners of such county requesting that the applicant's
30  project be exempt from the local financial support
31  requirement.
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 1         13.  Any additional information requested by the
 2  office.
 3         (4)  QUALIFIED DEFENSE CONTRACTOR TAX REFUND
 4  AGREEMENT.--
 5         (b)  Compliance with the terms and conditions of the
 6  agreement is a condition precedent for receipt of tax refunds
 7  each year. The failure to comply with the terms and conditions
 8  of the agreement shall result in the loss of eligibility for
 9  receipt of all tax refunds previously authorized pursuant to
10  this section, and the revocation of the certification as a
11  qualified applicant by the director, unless the qualified
12  applicant is eligible to receive and elects to accept a
13  prorated refund under paragraph (5)(g) or the office grants
14  the qualified applicant an economic-stimulus exemption.
15         1.  A qualified applicant may submit, in writing, a
16  request to the office for an economic-stimulus exemption. The
17  request must provide quantitative evidence demonstrating how
18  negative economic conditions in the qualified applicant's
19  industry, the effects of a named hurricane or tropical storm,
20  or specific acts of terrorism affecting the qualified
21  applicant, have prevented the qualified applicant from
22  complying with the terms and conditions of its tax refund
23  agreement.
24         2.  Upon receipt of a request under subparagraph 1.,
25  the director shall have 45 days to notify the requesting
26  qualified applicant, in writing, if its exemption has been
27  granted or denied. In determining if an exemption should be
28  granted, the director shall consider the extent to which
29  negative economic conditions in the requesting qualified
30  applicant's industry, the effects of a named hurricane or
31  tropical storm, or specific acts of terrorism affecting the
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 1  qualified applicant, have prevented the qualified applicant
 2  from complying with the terms and conditions of its tax refund
 3  agreement.
 4         3.  As a condition for receiving a prorated refund
 5  under paragraph (5)(g) or an economic-stimulus exemption under
 6  this paragraph, a qualified applicant must agree to
 7  renegotiate its tax refund agreement with the office to, at a
 8  minimum, ensure that the terms of the agreement comply with
 9  current law and office procedures governing application for
10  and award of tax refunds. Upon approving the award of a
11  prorated refund or granting an economic-stimulus exemption,
12  the office shall renegotiate the tax refund agreement with the
13  qualified applicant as required by this subparagraph. When
14  amending the agreement of a qualified applicant receiving an
15  economic-stimulus exemption, the office may extend the
16  duration of the agreement for a period not to exceed 2 years 1
17  year.
18         4.  A qualified applicant may submit a request for an
19  economic-stimulus exemption to the office in lieu of any tax
20  refund claim scheduled to be submitted after January 1, 2005
21  2001, but before July 1, 2006 2003.
22         5.  A qualified applicant that receives an
23  economic-stimulus exemption may not receive a tax refund for
24  the period covered by the exemption.
25         (5)  ANNUAL CLAIM FOR REFUND FROM A QUALIFIED DEFENSE
26  CONTRACTOR.--
27         (e)  The total amount of tax refunds approved by the
28  director under this section in any fiscal year may not exceed
29  the amount authorized under s. 288.095(3) appropriated to the
30  Economic Development Trust Fund for such purposes for the
31  fiscal year. If the Legislature does not appropriate an amount
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 1  sufficient to satisfy projections by the office for tax
 2  refunds in a fiscal year, the director shall, not later than
 3  July 15 of such year, determine the proportion of each refund
 4  claim which shall be paid by dividing the amount appropriated
 5  for tax refunds for the fiscal year by the projected total
 6  amount of refund claims for the fiscal year. The amount of
 7  each claim for a tax refund shall be multiplied by the
 8  resulting quotient. If, after the payment of all such refund
 9  claims, funds remain in the Economic Development Trust Fund
10  for tax refunds, the director shall recalculate the proportion
11  for each refund claim and adjust the amount of each claim
12  accordingly.
13         (7)  Notwithstanding paragraphs (4)(a) and (5)(c), the
14  office may approve a waiver of the local financial support
15  requirement for a business located in any of the following
16  counties in which businesses received emergency loans
17  administered by the office in response to the named hurricanes
18  of 2004: Bay, Brevard, Charlotte, DeSoto, Escambia, Flagler,
19  Glades, Hardee, Hendry, Highlands, Indian River, Lake, Lee,
20  Martin, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach,
21  Polk, Putnam, Santa Rosa, Seminole, St. Lucie, Volusia, and
22  Walton. If the office grants a waiver of the local financial
23  support requirement, the state shall pay 100 percent of the
24  refund due to an eligible business. The waiver applies to tax
25  refund applications made for fiscal years 2004-2005,
26  2005-2006, and 2006-2007.
27         (8)(7)  EXPIRATION.--An applicant may not be certified
28  as qualified under this section after June 30, 2010 2005. A
29  tax refund agreement existing on that date shall continue in
30  effect in accordance with its terms.
31  
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 1         Section 3.  Paragraph (c) of subsection (2) and
 2  paragraph (b) of subsection (4) of section 288.106, Florida
 3  Statutes, are amended, present subsection (7) of that section
 4  is redesignated as subsection (8) and amended, and a new
 5  subsection (7) is added to that section, to read:
 6         288.106  Tax refund program for qualified target
 7  industry businesses.--
 8         (2)  TAX REFUND; ELIGIBLE AMOUNTS.--
 9         (c)  After entering into a tax refund agreement under
10  subsection (4), a qualified target industry business may:
11         1.  Receive refunds from the account for the following
12  taxes due and paid by that business beginning with the first
13  taxable year of the business which begins after entering into
14  the agreement:
15         a.  Corporate income taxes under chapter 220.
16         b.  Insurance premium tax under s. 624.509.
17         2.  Receive refunds from the account for the following
18  taxes due and paid by that business after entering into the
19  agreement:
20         a.  Taxes on sales, use, and other transactions under
21  chapter 212.
22         b.  State communications services taxes administered
23  under chapter 202. This sub-subparagraph does not apply to the
24  gross receipts tax imposed under chapter 203 and administered
25  under chapter 202 or the local communications services tax
26  authorized under s. 202.19.
27         c.b.  Intangible personal property taxes under chapter
28  199.
29         d.c.  Emergency excise taxes under chapter 221.
30         e.d.  Excise taxes on documents under chapter 201.
31  
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 1         f.e.  Ad valorem taxes paid, as defined in s.
 2  220.03(1).
 3  
 4  The addition of communications services taxes administered
 5  under chapter 202 is remedial in nature and retroactive to
 6  October 1, 2001. The office may make supplemental tax refund
 7  payments to allow for tax refunds for communications services
 8  taxes paid by an eligible qualified target industry business
 9  after October 1, 2001.
10         (4)  TAX REFUND AGREEMENT.--
11         (b)  Compliance with the terms and conditions of the
12  agreement is a condition precedent for the receipt of a tax
13  refund each year. The failure to comply with the terms and
14  conditions of the tax refund agreement results in the loss of
15  eligibility for receipt of all tax refunds previously
16  authorized under this section and the revocation by the
17  director of the certification of the business entity as a
18  qualified target industry business, unless the business is
19  eligible to receive and elects to accept a prorated refund
20  under paragraph (5)(d) or the office grants the business an
21  economic-stimulus exemption.
22         1.  A qualified target industry business may submit, in
23  writing, a request to the office for an economic-stimulus
24  exemption. The request must provide quantitative evidence
25  demonstrating how negative economic conditions in the
26  business's industry, the effects of a named hurricane or
27  tropical storm, or specific acts of terrorism affecting the
28  qualified target industry business, have prevented the
29  business from complying with the terms and conditions of its
30  tax refund agreement.
31  
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    37-1127-05
 1         2.  Upon receipt of a request under subparagraph 1.,
 2  the director shall have 45 days to notify the requesting
 3  business, in writing, if its exemption has been granted or
 4  denied. In determining if an exemption should be granted, the
 5  director shall consider the extent to which negative economic
 6  conditions in the requesting business's industry, the effects
 7  of a named hurricane or tropical storm, or specific acts of
 8  terrorism affecting the qualified target industry business,
 9  have prevented the business from complying with the terms and
10  conditions of its tax refund agreement.
11         3.  As a condition for receiving a prorated refund
12  under paragraph (5)(d) or an economic-stimulus exemption under
13  this paragraph, a qualified target industry business must
14  agree to renegotiate its tax refund agreement with the office
15  to, at a minimum, ensure that the terms of the agreement
16  comply with current law and office procedures governing
17  application for and award of tax refunds. Upon approving the
18  award of a prorated refund or granting an economic-stimulus
19  exemption, the office shall renegotiate the tax refund
20  agreement with the business as required by this subparagraph.
21  When amending the agreement of a business receiving an
22  economic-stimulus exemption, the office may extend the
23  duration of the agreement for a period not to exceed 2 years 1
24  year.
25         4.  A qualified target industry business may submit a
26  request for an economic-stimulus exemption to the office in
27  lieu of any tax refund claim scheduled to be submitted after
28  January 1, 2005 2001, but before July 1, 2006 June 30, 2004.
29         5.  A qualified target industry business that receives
30  an economic-stimulus exemption may not receive a tax refund
31  for the period covered by the exemption.
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    Florida Senate - 2005                                  SB 2216
    37-1127-05
 1         (7)  Notwithstanding paragraphs (4)(a) and (5)(c), the
 2  office may approve a waiver of the local financial support
 3  requirement for a business located in any of the following
 4  counties in which businesses received emergency loans
 5  administered by the office in response to the named hurricanes
 6  of 2004: Bay, Brevard, Charlotte, DeSoto, Escambia, Flagler,
 7  Glades, Hardee, Hendry, Highlands, Indian River, Lake, Lee,
 8  Martin, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach,
 9  Polk, Putnam, Santa Rosa, Seminole, St. Lucie, Volusia, and
10  Walton. If the office grants a waiver of the local financial
11  support requirement, the state shall pay 100 percent of the
12  refund due to an eligible business. The waiver applies to tax
13  refund applications made for fiscal years 2004-2005,
14  2005-2006, and 2006-2007.
15         (8)(7)  An applicant may not be certified as qualified
16  under this section after June 30, 2010. A tax refund agreement
17  existing on that date shall continue in effect in accordance
18  with its terms. EXPIRATION.--This section expires June 30,
19  2005.
20         Section 4.  The Office of Tourism, Trade, and Economic
21  Development shall attempt to amend existing tax refund
22  agreements created under section 288.106, Florida Statutes, to
23  require tax refund claims to be submitted by January 31 for
24  the net new full-time equivalent Florida jobs as of December
25  31 of the preceding calendar year.
26         Section 5.  This act shall take effect upon becoming a
27  law.
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    Florida Senate - 2005                                  SB 2216
    37-1127-05
 1            *****************************************
 2                          SENATE SUMMARY
 3    Allows refunds of state communications services taxes
      paid by qualified target industry businesses and
 4    qualified defense contractors in specified circumstances.
      Redefines the term "jobs." Revises requirements for an
 5    application for certification. Permits a qualified
      applicant to seek an economic-stimulus exemption due to
 6    the effects of a named hurricane or tropical storm.
      Extends the period of the exemption. Revises the
 7    exemption application deadline. Provides for
      retroactivity. Clarifies the cap on tax refunds. Provides
 8    for a waiver of the requirement for local financial
      support, in certain circumstances and for a limited time.
 9    Requires the Office of Tourism, Trade, and Economic
      Development to attempt to amend existing tax refund
10    agreements.
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