| 1 | A bill to be entitled |
| 2 | An act relating to the qualified defense contractor tax |
| 3 | refund program; amending s. 288.1045, F.S.; revising |
| 4 | definitions to include space flight businesses and space |
| 5 | flight contracts; specifying a methodology and amounts for |
| 6 | tax refund payments to qualified defense contractor |
| 7 | businesses; revising provisions authorizing qualified |
| 8 | applicants to receive refunds of certain taxes; revising |
| 9 | application process requirements to include space flight |
| 10 | businesses and contracts; revising information |
| 11 | requirements for applications for certain qualified |
| 12 | applicant certifications; providing employment |
| 13 | requirements for space flight business contracts; |
| 14 | specifying required information for applications for |
| 15 | certification under space flight business contracts; |
| 16 | including space flight businesses under provisions |
| 17 | authorizing annual claims for refund; revising limitations |
| 18 | on payments of tax refunds; revising certain required |
| 19 | reductions of amounts of tax refunds; deleting a reporting |
| 20 | requirement of tax refunds paid and use of appropriations |
| 21 | expended; extending an expiration date; amending ss. |
| 22 | 14.2015 and 213.053, F.S.; conforming program references; |
| 23 | providing an effective date. |
| 24 |
|
| 25 | Be It Enacted by the Legislature of the State of Florida: |
| 26 |
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| 27 | Section 1. Subsection (1), paragraphs (b) and (f) of |
| 28 | subsection (2), subsections (3), (4), and (5), paragraphs (d) |
| 29 | and (e) of subsection (6), and subsection (8) of section |
| 30 | 288.1045, Florida Statutes, are amended to read: |
| 31 | 288.1045 Qualified defense contractor and space flight |
| 32 | business tax refund program.-- |
| 33 | (1) DEFINITIONS.--As used in this section: |
| 34 | (a)(c) "Applicant" means any business entity that holds a |
| 35 | valid Department of Defense contract or space flight business |
| 36 | contract, or any business entity that is a subcontractor under a |
| 37 | valid Department of Defense contract or space flight business |
| 38 | contract, or any business entity that holds a valid contract for |
| 39 | the reuse of a defense-related facility, including all members |
| 40 | of an affiliated group of corporations as defined in s. |
| 41 | 220.03(1)(b). |
| 42 | (b) "Average wage in the area" means the average of all |
| 43 | wages and salaries in the state, the county, or in the standard |
| 44 | metropolitan area in which the business unit is located. |
| 45 | (c)(n) "Business unit" means an employing unit, as defined |
| 46 | in s. 443.036, that is registered with the Agency for Workforce |
| 47 | Innovation for unemployment compensation purposes or means a |
| 48 | subcategory or division of an employing unit that is accepted by |
| 49 | the Agency for Workforce Innovation as a reporting unit. |
| 50 | (d)(a) "Consolidation of a Department of Defense contract" |
| 51 | means the consolidation of one or more of an applicant's |
| 52 | facilities under one or more Department of Defense contracts, |
| 53 | either from outside this state or from inside and outside this |
| 54 | state, into one or more of the applicant's facilities inside |
| 55 | this state. |
| 56 | (e) "Consolidation of a space flight business contract" |
| 57 | means the consolidation of one or more of an applicant's |
| 58 | facilities under one or more space flight business contracts, |
| 59 | from outside this state or from inside and outside this state, |
| 60 | into one or more of the applicant's facilities inside this |
| 61 | state. |
| 62 | (f)(p) "Contract for reuse of a defense-related facility" |
| 63 | means a contract with a duration of 2 or more years for the use |
| 64 | of a facility for manufacturing, assembling, fabricating, |
| 65 | research, development, or design of tangible personal property, |
| 66 | but excluding any contract to provide goods, improvements to |
| 67 | real or tangible property, or services directly to or for any |
| 68 | particular military base or installation in this state. Such |
| 69 | facility must be located within a port, as defined in s. 313.21, |
| 70 | and have been occupied by a business entity that held a valid |
| 71 | Department of Defense contract or occupied by any branch of the |
| 72 | Armed Forces of the United States, within 1 year of any contract |
| 73 | being executed for the reuse of such facility. A contract for |
| 74 | reuse of a defense-related facility may not include any contract |
| 75 | for reuse of such facility for any Department of Defense |
| 76 | contract for manufacturing, assembling, fabricating, research, |
| 77 | development, or design. |
| 78 | (g)(e) "Department of Defense contract" means a |
| 79 | competitively bid Department of Defense contract or subcontract |
| 80 | or a competitively bid federal agency contract or subcontract |
| 81 | issued on behalf of the Department of Defense for manufacturing, |
| 82 | assembling, fabricating, research, development, or design with a |
| 83 | duration of 2 or more years, but excluding any contract or |
| 84 | subcontract to provide goods, improvements to real or tangible |
| 85 | property, or services directly to or for any particular military |
| 86 | base or installation in this state. The term includes contracts |
| 87 | or subcontracts for products or services for military use or |
| 88 | homeland security which contracts or subcontracts are approved |
| 89 | by the United States Department of Defense, the United States |
| 90 | Department of State, or the United States Department of Homeland |
| 91 | Security. |
| 92 | (h)(k) "Director" means the director of the Office of |
| 93 | Tourism, Trade, and Economic Development. |
| 94 | (i)(m) "Fiscal year" means the fiscal year of the state. |
| 95 | (j)(g) "Jobs" means full-time equivalent positions, |
| 96 | consistent with the use of such terms by the Agency for |
| 97 | Workforce Innovation for the purpose of unemployment |
| 98 | compensation tax, created or retained as a direct result of a |
| 99 | project in this state. This number does not include temporary |
| 100 | construction jobs involved with the construction of facilities |
| 101 | for the project. |
| 102 | (k)(o) "Local financial support" means funding from local |
| 103 | sources, public or private, which is paid to the Economic |
| 104 | Development Trust Fund and which is equal to 20 percent of the |
| 105 | annual tax refund for a qualified applicant. Local financial |
| 106 | support may include excess payments made to a utility company |
| 107 | under a designated program to allow decreases in service by the |
| 108 | utility company under conditions, regardless of when application |
| 109 | is made. A qualified applicant may not provide, directly or |
| 110 | indirectly, more than 5 percent of such funding in any fiscal |
| 111 | year. The sources of such funding may not include, directly or |
| 112 | indirectly, state funds appropriated from the General Revenue |
| 113 | Fund or any state trust fund, excluding tax revenues shared with |
| 114 | local governments pursuant to law. |
| 115 | (l)(q) "Local financial support exemption option" means |
| 116 | the option to exercise an exemption from the local financial |
| 117 | support requirement available to any applicant whose project is |
| 118 | located in a county designated by the Rural Economic Development |
| 119 | Initiative, if the county commissioners of the county in which |
| 120 | the project will be located adopt a resolution requesting that |
| 121 | the applicant's project be exempt from the local financial |
| 122 | support requirement. Any applicant that exercises this option is |
| 123 | not eligible for more than 80 percent of the total tax refunds |
| 124 | allowed such applicant under this section. |
| 125 | (m)(f) "New Department of Defense contract" means a |
| 126 | Department of Defense contract entered into after the date |
| 127 | application for certification as a qualified applicant is made |
| 128 | and after January 1, 1994. |
| 129 | (n) "New space flight business contract" means a space |
| 130 | flight business contract entered into after an application for |
| 131 | certification as a qualified applicant is made after July 1, |
| 132 | 2008. |
| 133 | (o)(h) "Nondefense production jobs" means employment |
| 134 | exclusively for activities that, directly or indirectly, are |
| 135 | unrelated to the Department of Defense. |
| 136 | (p)(d) "Office" means the Office of Tourism, Trade, and |
| 137 | Economic Development. |
| 138 | (q)(i) "Project" means any business undertaking in this |
| 139 | state under a new Department of Defense contract, consolidation |
| 140 | of a Department of Defense contract, new space flight business |
| 141 | contract, consolidation of a space flight business contract, or |
| 142 | conversion of defense production jobs over to nondefense |
| 143 | production jobs or reuse of defense-related facilities. |
| 144 | (r)(j) "Qualified applicant" means an applicant that has |
| 145 | been approved by the director to be eligible for tax refunds |
| 146 | pursuant to this section. |
| 147 | (s) "Space flight business" means the manufacturing, |
| 148 | processing, or assembly of space flight technology products, |
| 149 | space flight facilities, space flight propulsion systems, or |
| 150 | space vehicles, satellites, or stations of any kind possessing |
| 151 | the capability for space flight, as defined by s. 212.02(23), or |
| 152 | components thereof, and includes, in supporting space flight, |
| 153 | vehicle launch activities, flight operations, ground control or |
| 154 | ground support, and all administrative activities directly |
| 155 | related to such activities. The term does not include products |
| 156 | that are designed or manufactured for general commercial |
| 157 | aviation or other uses even if those products may also serve an |
| 158 | incidental use in space flight applications. |
| 159 | (t) "Space flight business contract" means a competitively |
| 160 | bid federal agency contract, federal agency subcontract, an |
| 161 | awarded commercial contract, or an awarded commercial |
| 162 | subcontract for space flight business with a duration of 2 or |
| 163 | more years. |
| 164 | (u)(l) "Taxable year" means the same as in s. |
| 165 | 220.03(1)(y). |
| 166 | (2) GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.-- |
| 167 | (b) Upon approval by the director, a qualified applicant |
| 168 | shall be allowed tax refund payments equal to $3,000 times the |
| 169 | number of jobs specified in the tax refund agreement under |
| 170 | subparagraph (4)(a)1. or equal to $6,000 times the number of |
| 171 | jobs if the project is located in a rural county or an |
| 172 | enterprise zone. Further, a qualified applicant shall be allowed |
| 173 | additional tax refund payments equal to $1,000 times the number |
| 174 | of jobs specified in the tax refund agreement under subparagraph |
| 175 | (4)(a)1. if such jobs pay an annual average wage of at least 150 |
| 176 | percent of the average private sector wage in the area or equal |
| 177 | to $2,000 times the number of jobs if such jobs pay an annual |
| 178 | average wage of at least 200 percent of the average private |
| 179 | sector wage in the area. A qualified applicant may not be |
| 180 | qualified for any project to receive more than $5,000 times the |
| 181 | number of jobs provided in the tax refund agreement pursuant to |
| 182 | subparagraph (4)(a)1. A qualified applicant may not receive |
| 183 | refunds of more than 25 percent of the total tax refunds |
| 184 | provided in the tax refund agreement pursuant to subparagraph |
| 185 | (4)(a)1. in any fiscal year, provided that no qualified |
| 186 | applicant may receive more than $2.5 million in tax refunds |
| 187 | pursuant to this section in any fiscal year. |
| 188 | (f) After entering into a tax refund agreement pursuant to |
| 189 | subsection (4), a qualified applicant may: |
| 190 | 1. Receive refunds from the account for corporate income |
| 191 | taxes due and paid pursuant to chapter 220 by that business |
| 192 | beginning with the first taxable year of the business which |
| 193 | begins after entering into the agreement. |
| 194 | 2. Receive refunds from the account Economic Development |
| 195 | Trust Fund for the following taxes due and paid by that business |
| 196 | the qualified applicant beginning with the applicant's first |
| 197 | taxable year that begins after entering into the agreement: |
| 198 | a.1. Taxes on sales, use, and other transactions paid |
| 199 | pursuant to chapter 212. |
| 200 | 2. Corporate income taxes paid pursuant to chapter 220. |
| 201 | b.3. Intangible personal property taxes paid pursuant to |
| 202 | chapter 199. |
| 203 | c.4. Emergency excise taxes paid pursuant to chapter 221. |
| 204 | d.5. Excise taxes paid on documents pursuant to chapter |
| 205 | 201. |
| 206 | e.6. Ad valorem taxes paid, as defined in s. 220.03(1)(a) |
| 207 | on June 1, 1996. |
| 208 | f.7. State communications services taxes administered |
| 209 | under chapter 202. This provision does not apply to the gross |
| 210 | receipts tax imposed under chapter 203 and administered under |
| 211 | chapter 202 or the local communications services tax authorized |
| 212 | under s. 202.19. |
| 213 |
|
| 214 | However, a qualified applicant may not receive a tax refund |
| 215 | pursuant to this section for any amount of credit, refund, or |
| 216 | exemption granted such contractor for any of such taxes. If a |
| 217 | refund for such taxes is provided by the office, which taxes are |
| 218 | subsequently adjusted by the application of any credit, refund, |
| 219 | or exemption granted to the qualified applicant other than that |
| 220 | provided in this section, the qualified applicant shall |
| 221 | reimburse the Economic Development Trust Fund for the amount of |
| 222 | such credit, refund, or exemption. A qualified applicant must |
| 223 | notify and tender payment to the office within 20 days after |
| 224 | receiving a credit, refund, or exemption, other than that |
| 225 | provided in this section. The addition of communications |
| 226 | services taxes administered under chapter 202 is remedial in |
| 227 | nature and retroactive to October 1, 2001. The office may make |
| 228 | supplemental tax refund payments to allow for tax refunds for |
| 229 | communications services taxes paid by an eligible qualified |
| 230 | defense contractor after October 1, 2001. |
| 231 | (3) APPLICATION PROCESS; REQUIREMENTS; AGENCY |
| 232 | DETERMINATION.-- |
| 233 | (a) To apply for certification as a qualified applicant |
| 234 | pursuant to this section, an applicant must file an application |
| 235 | with the office which satisfies the requirements of paragraphs |
| 236 | (b) and (e), paragraphs (c) and (e), or paragraphs (d) and (e), |
| 237 | or paragraphs (e) and (k). An applicant may not apply for |
| 238 | certification pursuant to this section after a proposal has been |
| 239 | submitted for a new Department of Defense contract, after the |
| 240 | applicant has made the decision to consolidate an existing |
| 241 | Department of Defense contract in this state for which such |
| 242 | applicant is seeking certification, after a proposal has been |
| 243 | submitted for a new space flight business contract in this |
| 244 | state, after the applicant has made the decision to consolidate |
| 245 | an existing space flight business contract in this state for |
| 246 | which such applicant is seeking certification, or after the |
| 247 | applicant has made the decision to convert defense production |
| 248 | jobs to nondefense production jobs for which such applicant is |
| 249 | seeking certification. |
| 250 | (b) Applications for certification based on the |
| 251 | consolidation of a Department of Defense contract or a new |
| 252 | Department of Defense contract must be submitted to the office |
| 253 | as prescribed by the office and must include, but are not |
| 254 | limited to, the following information: |
| 255 | 1. The applicant's federal employer identification number, |
| 256 | the applicant's Florida sales tax registration number, and a |
| 257 | notarized signature of an officer of the applicant. |
| 258 | 2. The permanent location of the manufacturing, |
| 259 | assembling, fabricating, research, development, or design |
| 260 | facility in this state at which the project is or is to be |
| 261 | located. |
| 262 | 3. The Department of Defense contract numbers of the |
| 263 | contract to be consolidated, the new Department of Defense |
| 264 | contract number, or the "RFP" number of a proposed Department of |
| 265 | Defense contract. |
| 266 | 4. The date the contract was executed or is expected to be |
| 267 | executed, and the date the contract is due to expire or is |
| 268 | expected to expire. |
| 269 | 5. The commencement date for project operations under the |
| 270 | contract in this state. |
| 271 | 6. The number of net new full-time equivalent Florida jobs |
| 272 | included in the project as of December 31 of each year and the |
| 273 | average wage of such jobs. |
| 274 | 7. The total number of full-time equivalent employees |
| 275 | employed by the applicant in this state. |
| 276 | 8. The percentage of the applicant's gross receipts |
| 277 | derived from Department of Defense contracts during the 5 |
| 278 | taxable years immediately preceding the date the application is |
| 279 | submitted. |
| 280 | 9. The number of full-time equivalent jobs in this state |
| 281 | to be retained by the project. |
| 282 | 10. The estimated amount of tax refunds to be claimed for |
| 283 | each fiscal year. |
| 284 | 10.11. A brief statement concerning the applicant's need |
| 285 | for tax refunds, and the proposed uses of such refunds by the |
| 286 | applicant. |
| 287 | 11.12. A resolution adopted by the governing board county |
| 288 | commissioners of the county or municipality in which the project |
| 289 | will be located, which recommends the applicant be approved as a |
| 290 | qualified applicant, and which indicates that the necessary |
| 291 | commitments of local financial support for the applicant exist. |
| 292 | Prior to the adoption of the resolution, the county commission |
| 293 | may review the proposed public or private sources of such |
| 294 | support and determine whether the proposed sources of local |
| 295 | financial support can be provided or, for any applicant whose |
| 296 | project is located in a county designated by the Rural Economic |
| 297 | Development Initiative, a resolution adopted by the county |
| 298 | commissioners of such county requesting that the applicant's |
| 299 | project be exempt from the local financial support requirement. |
| 300 | 12.13. Any additional information requested by the office. |
| 301 | (c) Applications for certification based on the conversion |
| 302 | of defense production jobs to nondefense production jobs must be |
| 303 | submitted to the office as prescribed by the office and must |
| 304 | include, but are not limited to, the following information: |
| 305 | 1. The applicant's federal employer identification number, |
| 306 | the applicant's Florida sales tax registration number, and a |
| 307 | notarized signature of an officer of the applicant. |
| 308 | 2. The permanent location of the manufacturing, |
| 309 | assembling, fabricating, research, development, or design |
| 310 | facility in this state at which the project is or is to be |
| 311 | located. |
| 312 | 3. The Department of Defense contract numbers of the |
| 313 | contract under which the defense production jobs will be |
| 314 | converted to nondefense production jobs. |
| 315 | 4. The date the contract was executed, and the date the |
| 316 | contract is due to expire or is expected to expire, or was |
| 317 | canceled. |
| 318 | 5. The commencement date for the nondefense production |
| 319 | operations in this state. |
| 320 | 6. The number of net new full-time equivalent Florida jobs |
| 321 | included in the nondefense production project as of December 31 |
| 322 | of each year and the average wage of such jobs. |
| 323 | 7. The total number of full-time equivalent employees |
| 324 | employed by the applicant in this state. |
| 325 | 8. The percentage of the applicant's gross receipts |
| 326 | derived from Department of Defense contracts during the 5 |
| 327 | taxable years immediately preceding the date the application is |
| 328 | submitted. |
| 329 | 9. The number of full-time equivalent jobs in this state |
| 330 | to be retained by the project. |
| 331 | 10. The estimated amount of tax refunds to be claimed for |
| 332 | each fiscal year. |
| 333 | 10.11. A brief statement concerning the applicant's need |
| 334 | for tax refunds, and the proposed uses of such refunds by the |
| 335 | applicant. |
| 336 | 11.12. A resolution adopted by the governing board county |
| 337 | commissioners of the county or municipality in which the project |
| 338 | will be located, which recommends the applicant be approved as a |
| 339 | qualified applicant, and which indicates that the necessary |
| 340 | commitments of local financial support for the applicant exist. |
| 341 | Prior to the adoption of the resolution, the county commission |
| 342 | may review the proposed public or private sources of such |
| 343 | support and determine whether the proposed sources of local |
| 344 | financial support can be provided or, for any applicant whose |
| 345 | project is located in a county designated by the Rural Economic |
| 346 | Development Initiative, a resolution adopted by the county |
| 347 | commissioners of such county requesting that the applicant's |
| 348 | project be exempt from the local financial support requirement. |
| 349 | 12.13. Any additional information requested by the office. |
| 350 | (d) Applications for certification based on a contract for |
| 351 | reuse of a defense-related facility must be submitted to the |
| 352 | office as prescribed by the office and must include, but are not |
| 353 | limited to, the following information: |
| 354 | 1. The applicant's Florida sales tax registration number |
| 355 | and a notarized signature of an officer of the applicant. |
| 356 | 2. The permanent location of the manufacturing, |
| 357 | assembling, fabricating, research, development, or design |
| 358 | facility in this state at which the project is or is to be |
| 359 | located. |
| 360 | 3. The business entity holding a valid Department of |
| 361 | Defense contract or branch of the Armed Forces of the United |
| 362 | States that previously occupied the facility, and the date such |
| 363 | entity last occupied the facility. |
| 364 | 4. A copy of the contract to reuse the facility, or such |
| 365 | alternative proof as may be prescribed by the office that the |
| 366 | applicant is seeking to contract for the reuse of such facility. |
| 367 | 5. The date the contract to reuse the facility was |
| 368 | executed or is expected to be executed, and the date the |
| 369 | contract is due to expire or is expected to expire. |
| 370 | 6. The commencement date for project operations under the |
| 371 | contract in this state. |
| 372 | 7. The number of net new full-time equivalent Florida jobs |
| 373 | included in the project as of December 31 of each year and the |
| 374 | average wage of such jobs. |
| 375 | 8. The total number of full-time equivalent employees |
| 376 | employed by the applicant in this state. |
| 377 | 9. The number of full-time equivalent jobs in this state |
| 378 | to be retained by the project. |
| 379 | 10. The estimated amount of tax refunds to be claimed for |
| 380 | each fiscal year. |
| 381 | 10.11. A brief statement concerning the applicant's need |
| 382 | for tax refunds, and the proposed uses of such refunds by the |
| 383 | applicant. |
| 384 | 11.12. A resolution adopted by the governing board county |
| 385 | commissioners of the county or municipality in which the project |
| 386 | will be located, which recommends the applicant be approved as a |
| 387 | qualified applicant, and which indicates that the necessary |
| 388 | commitments of local financial support for the applicant exist. |
| 389 | Prior to the adoption of the resolution, the county commission |
| 390 | may review the proposed public or private sources of such |
| 391 | support and determine whether the proposed sources of local |
| 392 | financial support can be provided or, for any applicant whose |
| 393 | project is located in a county designated by the Rural Economic |
| 394 | Development Initiative, a resolution adopted by the county |
| 395 | commissioners of such county requesting that the applicant's |
| 396 | project be exempt from the local financial support requirement. |
| 397 | 12.13. Any additional information requested by the office. |
| 398 | (e) To qualify for review by the office, the application |
| 399 | of an applicant must, at a minimum, establish the following to |
| 400 | the satisfaction of the office: |
| 401 | 1. The jobs proposed to be provided under the application, |
| 402 | pursuant to subparagraph (b)6., or subparagraph (c)6., or |
| 403 | subparagraph (k)6., must pay an estimated annual average wage |
| 404 | equaling at least 115 percent of the average wage in the area |
| 405 | where the project is to be located. |
| 406 | 2. The consolidation of a Department of Defense contract |
| 407 | must result in a net increase of at least 25 percent in the |
| 408 | number of jobs at the applicant's facilities in this state or |
| 409 | the addition of at least 80 jobs at the applicant's facilities |
| 410 | in this state. |
| 411 | 3. The conversion of defense production jobs to nondefense |
| 412 | production jobs must result in net increases in nondefense |
| 413 | employment at the applicant's facilities in this state. |
| 414 | 4. The Department of Defense contract or the space flight |
| 415 | business contract cannot allow the business to include the costs |
| 416 | of relocation or retooling in its base as allowable costs under |
| 417 | a cost-plus, or similar, contract. |
| 418 | 5. A business unit of the applicant must have derived not |
| 419 | less than 60 percent of its gross receipts in this state from |
| 420 | Department of Defense contracts or space flight business |
| 421 | contracts over the applicant's last fiscal year, and must have |
| 422 | derived not less than an average of 60 percent of its gross |
| 423 | receipts in this state from Department of Defense contracts over |
| 424 | the 5 years preceding the date an application is submitted |
| 425 | pursuant to this section. This subparagraph does not apply to |
| 426 | any application for certification based on a contract for reuse |
| 427 | of a defense-related facility. |
| 428 | 6. The reuse of a defense-related facility must result in |
| 429 | the creation of at least 100 jobs at such facility. |
| 430 | 7. A new space flight business contract or the |
| 431 | consolidation of a space flight business contract must result in |
| 432 | net increases in space flight business employment at the |
| 433 | applicant's facilities in this state. |
| 434 | (f) Each application meeting the requirements of |
| 435 | paragraphs (b) and (e), paragraphs (c) and (e), or paragraphs |
| 436 | (d) and (e), or paragraphs (e) and (k) must be submitted to the |
| 437 | office for a determination of eligibility. The office shall |
| 438 | review and, evaluate, and score each application based on, but |
| 439 | not limited to, the following criteria: |
| 440 | 1. Expected contributions to the state strategic economic |
| 441 | development plan adopted by Enterprise Florida, Inc., taking |
| 442 | into account the extent to which the project contributes to the |
| 443 | state's high-technology base, and the long-term impact of the |
| 444 | project and the applicant on the state's economy. |
| 445 | 2. The economic benefit of the jobs created or retained by |
| 446 | the project in this state, taking into account the cost and |
| 447 | average wage of each job created or retained, and the potential |
| 448 | risk to existing jobs. |
| 449 | 3. The amount of capital investment to be made by the |
| 450 | applicant in this state. |
| 451 | 4. The local commitment and support for the project and |
| 452 | applicant. |
| 453 | 5. The impact of the project on the local community, |
| 454 | taking into account the unemployment rate for the county where |
| 455 | the project will be located. |
| 456 | 6. The dependence of the local community on the defense |
| 457 | industry or space flight business. |
| 458 | 7. The impact of any tax refunds granted pursuant to this |
| 459 | section on the viability of the project and the probability that |
| 460 | the project will occur in this state if such tax refunds are |
| 461 | granted to the applicant, taking into account the expected long- |
| 462 | term commitment of the applicant to economic growth and |
| 463 | employment in this state. |
| 464 | 8. The length of the project, or the expected long-term |
| 465 | commitment to this state resulting from the project. |
| 466 | (g) The office shall forward its written findings and |
| 467 | evaluation on each application meeting the requirements of |
| 468 | paragraphs (b) and (e), paragraphs (c) and (e), or paragraphs |
| 469 | (d) and (e), or paragraphs (e) and (k) to the director within 60 |
| 470 | calendar days after receipt of a complete application. The |
| 471 | office shall notify each applicant when its application is |
| 472 | complete, and when the 60-day period begins. In its written |
| 473 | report to the director, the office shall specifically address |
| 474 | each of the factors specified in paragraph (f), and shall make a |
| 475 | specific assessment with respect to the minimum requirements |
| 476 | established in paragraph (e). The office shall include in its |
| 477 | report projections of the tax refunds the applicant would be |
| 478 | eligible to receive in each fiscal year based on the creation |
| 479 | and maintenance of the net new Florida jobs specified in |
| 480 | subparagraph (b)6., subparagraph (c)6., or subparagraph (d)7., |
| 481 | or subparagraph (k)6. as of December 31 of the preceding state |
| 482 | fiscal year. |
| 483 | (h) Within 30 days after receipt of the office's findings |
| 484 | and evaluation, the director shall issue a letter of |
| 485 | certification which either approves or disapproves an |
| 486 | application. The decision must be in writing and provide the |
| 487 | justifications for either approval or disapproval. If |
| 488 | appropriate, the director shall enter into a written agreement |
| 489 | with the qualified applicant pursuant to subsection (4). |
| 490 | (i) The director may not certify any applicant as a |
| 491 | qualified applicant when the value of tax refunds to be included |
| 492 | in that letter of certification exceeds the available amount of |
| 493 | authority to certify new businesses as determined in s. |
| 494 | 288.095(3). A letter of certification that approves an |
| 495 | application must specify the maximum amount of a tax refund that |
| 496 | is to be available to the contractor for each fiscal year and |
| 497 | the total amount of tax refunds for all fiscal years. |
| 498 | (j) This section does not create a presumption that an |
| 499 | applicant should receive any tax refunds under this section. |
| 500 | (k) Applications for certification based upon a new space |
| 501 | flight business contract or the consolidation of a space flight |
| 502 | business contract must be submitted to the office as prescribed |
| 503 | by the office and must include, but are not limited to, the |
| 504 | following information: |
| 505 | 1. The applicant's federal employer identification number, |
| 506 | the applicant's Florida sales tax registration number, and a |
| 507 | signature of an officer of the applicant. |
| 508 | 2. The permanent location of the space flight business |
| 509 | facility in this state where the project is or will be located. |
| 510 | 3. The new space flight business contract number, the |
| 511 | space flight business contract numbers of the contract to be |
| 512 | consolidated, or the request-for-proposal number of a proposed |
| 513 | space flight business contract. |
| 514 | 4. The date the contract was executed and the date the |
| 515 | contract is due to expire, is expected to expire, or was |
| 516 | canceled. |
| 517 | 5. The commencement date for project operations under the |
| 518 | contract in this state. |
| 519 | 6. The number of net new full-time equivalent Florida jobs |
| 520 | included in the project as of December 31 of each year and the |
| 521 | average wage of such jobs. |
| 522 | 7. The total number of full-time equivalent employees |
| 523 | employed by the applicant in this state. |
| 524 | 8. The percentage of the applicant's gross receipts |
| 525 | derived from space flight business contracts during the 5 |
| 526 | taxable years immediately preceding the date the application is |
| 527 | submitted. |
| 528 | 9. The number of full-time equivalent jobs in this state |
| 529 | to be retained by the project. |
| 530 | 10. A brief statement concerning the applicant's need for |
| 531 | tax refunds and the proposed uses of such refunds by the |
| 532 | applicant. |
| 533 | 11. A resolution adopted by the governing board of the |
| 534 | county or municipality in which the project will be located |
| 535 | which recommends the applicant be approved as a qualified |
| 536 | applicant and indicates that the necessary commitments of local |
| 537 | financial support for the applicant exist. Prior to the adoption |
| 538 | of the resolution, the county commission may review the proposed |
| 539 | public or private sources of such support and determine whether |
| 540 | the proposed sources of local financial support can be provided |
| 541 | or, for any applicant whose project is located in a county |
| 542 | designated by the Rural Economic Development Initiative, a |
| 543 | resolution adopted by the county commissioners of such county |
| 544 | requesting that the applicant's project be exempt from the local |
| 545 | financial support requirement. |
| 546 | 12. Any additional information requested by the office. |
| 547 | (4) QUALIFIED APPLICANT DEFENSE CONTRACTOR TAX REFUND |
| 548 | AGREEMENT.-- |
| 549 | (a) A qualified applicant shall enter into a written |
| 550 | agreement with the office containing, but not limited to, the |
| 551 | following: |
| 552 | 1. The total number of full-time equivalent jobs in this |
| 553 | state that are or will be dedicated to the qualified applicant's |
| 554 | project, the average wage of such jobs, the definitions that |
| 555 | will apply for measuring the achievement of these terms during |
| 556 | the pendency of the agreement, and a time schedule or plan for |
| 557 | when such jobs will be in place and active in this state. |
| 558 | 2. The maximum amount of a refund that the qualified |
| 559 | applicant is eligible to receive for each fiscal year, based on |
| 560 | the job creation or retention and maintenance schedule specified |
| 561 | in subparagraph 1. |
| 562 | 3. An agreement with the office allowing the office to |
| 563 | review and verify the financial and personnel records of the |
| 564 | qualified applicant to ascertain whether the qualified applicant |
| 565 | is complying with the requirements of this section. |
| 566 | 4. The date by which, in each fiscal year, the qualified |
| 567 | applicant may file a claim pursuant to subsection (5) to be |
| 568 | considered to receive a tax refund in the following fiscal year. |
| 569 | 5. That local financial support shall be annually |
| 570 | available and will be paid to the Economic Development Trust |
| 571 | Fund. |
| 572 | (b) Compliance with the terms and conditions of the |
| 573 | agreement is a condition precedent for receipt of tax refunds |
| 574 | each year. The failure to comply with the terms and conditions |
| 575 | of the agreement shall result in the loss of eligibility for |
| 576 | receipt of all tax refunds previously authorized pursuant to |
| 577 | this section, and the revocation of the certification as a |
| 578 | qualified applicant by the director, unless the qualified |
| 579 | applicant is eligible to receive and elects to accept a prorated |
| 580 | refund under paragraph (5)(g) or the office grants the qualified |
| 581 | applicant an economic-stimulus exemption. |
| 582 | 1. A qualified applicant may submit, in writing, a request |
| 583 | to the office for an economic-stimulus exemption. The request |
| 584 | must provide quantitative evidence demonstrating how negative |
| 585 | economic conditions in the qualified applicant's industry, the |
| 586 | effects of the impact of a named hurricane or tropical storm, or |
| 587 | specific acts of terrorism affecting the qualified applicant |
| 588 | have prevented the qualified applicant from complying with the |
| 589 | terms and conditions of its tax refund agreement. |
| 590 | 2. Upon receipt of a request under subparagraph 1., the |
| 591 | director shall have 45 days to notify the requesting qualified |
| 592 | applicant, in writing, if its exemption has been granted or |
| 593 | denied. In determining if an exemption should be granted, the |
| 594 | director shall consider the extent to which negative economic |
| 595 | conditions in the requesting qualified applicant's industry, the |
| 596 | effects of the impact of a named hurricane or tropical storm, or |
| 597 | specific acts of terrorism affecting the qualified applicant |
| 598 | have prevented the qualified applicant from complying with the |
| 599 | terms and conditions of its tax refund agreement. |
| 600 | 3. As a condition for receiving a prorated refund under |
| 601 | paragraph (5)(g) or an economic-stimulus exemption under this |
| 602 | paragraph, a qualified applicant must agree to renegotiate its |
| 603 | tax refund agreement with the office to, at a minimum, ensure |
| 604 | that the terms of the agreement comply with current law and |
| 605 | office procedures governing application for and award of tax |
| 606 | refunds. Upon approving the award of a prorated refund or |
| 607 | granting an economic-stimulus exemption, the office shall |
| 608 | renegotiate the tax refund agreement with the qualified |
| 609 | applicant as required by this subparagraph. When amending the |
| 610 | agreement of a qualified applicant receiving an economic- |
| 611 | stimulus exemption, the office may extend the duration of the |
| 612 | agreement for a period not to exceed 2 years. |
| 613 | 4. A qualified applicant may submit a request for an |
| 614 | economic-stimulus exemption to the office in lieu of any tax |
| 615 | refund claim scheduled to be submitted after January 1, 2005, |
| 616 | but before July 1, 2006. |
| 617 | 5. A qualified applicant that receives an economic- |
| 618 | stimulus exemption may not receive a tax refund for the period |
| 619 | covered by the exemption. |
| 620 | (c) The agreement shall be signed by the director and the |
| 621 | authorized officer of the qualified applicant. |
| 622 | (d) The agreement must contain the following legend, |
| 623 | clearly printed on its face in bold type of not less than 10 |
| 624 | points: |
| 625 |
|
| 626 | "This agreement is neither a general obligation of the State of |
| 627 | Florida, nor is it backed by the full faith and credit of the |
| 628 | State of Florida. Payment of tax refunds are conditioned on and |
| 629 | subject to specific annual appropriations by the Florida |
| 630 | Legislature of funds sufficient to pay amounts authorized in s. |
| 631 | 288.1045, Florida Statutes." |
| 632 | (5) ANNUAL CLAIM FOR REFUND FROM A QUALIFIED DEFENSE |
| 633 | CONTRACTOR.-- |
| 634 | (a) To be eligible to claim any scheduled tax refund, |
| 635 | qualified applicants who have entered into a written agreement |
| 636 | with the office pursuant to subsection (4) and who have entered |
| 637 | into a valid new Department of Defense contract, entered into a |
| 638 | valid new space flight business contract, commenced the |
| 639 | consolidation of a space flight business contract, commenced the |
| 640 | consolidation of a Department of Defense contract, commenced the |
| 641 | conversion of defense production jobs to nondefense production |
| 642 | jobs, or entered into a valid contract for reuse of a defense- |
| 643 | related facility must apply by January 31 of each fiscal year to |
| 644 | the office for tax refunds scheduled to be paid from the |
| 645 | appropriation for the fiscal year that begins on July 1 |
| 646 | following the January 31 claims-submission date. The office may, |
| 647 | upon written request, grant a 30-day extension of the filing |
| 648 | date. The application must include a notarized signature of an |
| 649 | officer of the applicant. |
| 650 | (b) The claim for refund by the qualified applicant must |
| 651 | include a copy of all receipts pertaining to the payment of |
| 652 | taxes for which a refund is sought, and data related to |
| 653 | achieving each performance item contained in the tax refund |
| 654 | agreement pursuant to subsection (4). The amount requested as a |
| 655 | tax refund may not exceed the amount for the relevant fiscal |
| 656 | year in the written agreement entered pursuant to subsection |
| 657 | (4). |
| 658 | (c) A tax refund may not be approved for any qualified |
| 659 | applicant unless local financial support has been paid to the |
| 660 | Economic Development Trust Fund for that refund. If the local |
| 661 | financial support is less than 20 percent of the approved tax |
| 662 | refund, the tax refund shall be reduced. The tax refund paid may |
| 663 | not exceed 5 times the local financial support received. Funding |
| 664 | from local sources includes tax abatement under s. 196.1995 or |
| 665 | the appraised market value of municipal or county land, |
| 666 | including any improvements or structures, conveyed or provided |
| 667 | at a discount through a sale or lease to that applicant provided |
| 668 | to a qualified applicant. The amount of any tax refund for an |
| 669 | applicant approved under this section shall be reduced by the |
| 670 | amount of any such tax abatement granted or the value of the |
| 671 | land granted, including the value of any improvements or |
| 672 | structures;, and the limitations in subsection (2) and paragraph |
| 673 | (3)(h) shall be reduced by the amount of any such tax abatement |
| 674 | or the value of the land granted, including any improvements or |
| 675 | structures. A report listing all sources of the local financial |
| 676 | support shall be provided to the office when such support is |
| 677 | paid to the Economic Development Trust Fund. |
| 678 | (d) The director, with assistance from the office, the |
| 679 | Department of Revenue, and the Agency for Workforce Innovation, |
| 680 | shall, by June 30 following the scheduled date for submitting |
| 681 | the tax refund claim, specify by written order the approval or |
| 682 | disapproval of the tax refund claim and, if approved, the amount |
| 683 | of the tax refund that is authorized to be paid to the qualified |
| 684 | applicant for the annual tax refund. The office may grant an |
| 685 | extension of this date upon the request of the qualified |
| 686 | applicant for the purpose of filing additional information in |
| 687 | support of the claim. |
| 688 | (e) The total amount of tax refunds approved by the |
| 689 | director under this section in any fiscal year may not exceed |
| 690 | the amount authorized under s. 288.095(3). |
| 691 | (f) Upon approval of the tax refund pursuant to paragraphs |
| 692 | (c) and (d), the Chief Financial Officer shall issue a warrant |
| 693 | for the amount included in the written order. In the event of |
| 694 | any appeal of the written order, the Chief Financial Officer may |
| 695 | not issue a warrant for a refund to the qualified applicant |
| 696 | until the conclusion of all appeals of the written order. |
| 697 | (g) A prorated tax refund, less a 5 percent penalty, shall |
| 698 | be approved for a qualified applicant provided all other |
| 699 | applicable requirements have been satisfied and the applicant |
| 700 | proves to the satisfaction of the director that it has achieved |
| 701 | at least 80 percent of its projected employment and that the |
| 702 | average wage paid by the qualified applicant is at least 90 |
| 703 | percent of the average wage specified in the tax refund |
| 704 | agreement, but in no case less than 115 percent of the average |
| 705 | private sector wage in the area available at the time of |
| 706 | certification. The prorated tax refund shall be calculated by |
| 707 | multiplying the tax refund amount for which the qualified |
| 708 | applicant would have been eligible, if all applicable |
| 709 | requirements had been satisfied, by the percentage of the |
| 710 | average employment specified in the tax refund agreement which |
| 711 | was achieved, and by the percentage of the average wages |
| 712 | specified in the tax refund agreement which was achieved. |
| 713 | (h) This section does not create a presumption that a tax |
| 714 | refund claim will be approved and paid. |
| 715 | (6) ADMINISTRATION.-- |
| 716 | (d) By December 1 of each year, the office shall submit a |
| 717 | complete and detailed report to the Governor, the President of |
| 718 | the Senate, and the Speaker of the House of Representatives of |
| 719 | all tax refunds paid under this section, including analyses of |
| 720 | benefits and costs, types of projects supported, employment and |
| 721 | investment created, geographic distribution of tax refunds |
| 722 | granted, and minority business participation. The report must |
| 723 | indicate whether the moneys appropriated by the Legislature to |
| 724 | the qualified applicant tax refund program were expended in a |
| 725 | prudent, fiducially sound manner. |
| 726 | (d)(e) Funds specifically appropriated for the tax refund |
| 727 | program under this section may not be used for any purpose other |
| 728 | than the payment of tax refunds authorized by this section. |
| 729 | (8) EXPIRATION.--An applicant may not be certified as |
| 730 | qualified under this section after June 30, 2014 2010. A tax |
| 731 | refund agreement existing on that date shall continue in effect |
| 732 | in accordance with its terms. |
| 733 | Section 2. Paragraph (f) of subsection (2) of section |
| 734 | 14.2015, Florida Statutes, is amended to read: |
| 735 | 14.2015 Office of Tourism, Trade, and Economic |
| 736 | Development; creation; powers and duties.-- |
| 737 | (2) The purpose of the Office of Tourism, Trade, and |
| 738 | Economic Development is to assist the Governor in working with |
| 739 | the Legislature, state agencies, business leaders, and economic |
| 740 | development professionals to formulate and implement coherent |
| 741 | and consistent policies and strategies designed to provide |
| 742 | economic opportunities for all Floridians. To accomplish such |
| 743 | purposes, the Office of Tourism, Trade, and Economic Development |
| 744 | shall: |
| 745 | (f)1. Administer the Florida Enterprise Zone Act under ss. |
| 746 | 290.001-290.016, the community contribution tax credit program |
| 747 | under ss. 220.183 and 624.5105, the tax refund program for |
| 748 | qualified target industry businesses under s. 288.106, the tax- |
| 749 | refund program for qualified defense contractors and space |
| 750 | flight business contractors under s. 288.1045, contracts for |
| 751 | transportation projects under s. 288.063, the sports franchise |
| 752 | facility program under s. 288.1162, the professional golf hall |
| 753 | of fame facility program under s. 288.1168, the expedited |
| 754 | permitting process under s. 403.973, the Rural Community |
| 755 | Development Revolving Loan Fund under s. 288.065, the Regional |
| 756 | Rural Development Grants Program under s. 288.018, the Certified |
| 757 | Capital Company Act under s. 288.99, the Florida State Rural |
| 758 | Development Council, the Rural Economic Development Initiative, |
| 759 | and other programs that are specifically assigned to the office |
| 760 | by law, by the appropriations process, or by the Governor. |
| 761 | Notwithstanding any other provisions of law, the office may |
| 762 | expend interest earned from the investment of program funds |
| 763 | deposited in the Grants and Donations Trust Fund to contract for |
| 764 | the administration of the programs, or portions of the programs, |
| 765 | enumerated in this paragraph or assigned to the office by law, |
| 766 | by the appropriations process, or by the Governor. Such |
| 767 | expenditures shall be subject to review under chapter 216. |
| 768 | 2. The office may enter into contracts in connection with |
| 769 | the fulfillment of its duties concerning the Florida First |
| 770 | Business Bond Pool under chapter 159, tax incentives under |
| 771 | chapters 212 and 220, tax incentives under the Certified Capital |
| 772 | Company Act in chapter 288, foreign offices under chapter 288, |
| 773 | the Enterprise Zone program under chapter 290, the Seaport |
| 774 | Employment Training program under chapter 311, the Florida |
| 775 | Professional Sports Team License Plates under chapter 320, |
| 776 | Spaceport Florida under chapter 331, Expedited Permitting under |
| 777 | chapter 403, and in carrying out other functions that are |
| 778 | specifically assigned to the office by law, by the |
| 779 | appropriations process, or by the Governor. |
| 780 | Section 3. Paragraph (k) of subsection (8) of section |
| 781 | 213.053, Florida Statutes, is amended to read: |
| 782 | 213.053 Confidentiality and information sharing.-- |
| 783 | (8) Notwithstanding any other provision of this section, |
| 784 | the department may provide: |
| 785 | (k)1. Payment information relative to chapters 199, 201, |
| 786 | 202, 212, 220, 221, and 624 to the Office of Tourism, Trade, and |
| 787 | Economic Development, or its employees or agents that are |
| 788 | identified in writing by the office to the department, in the |
| 789 | administration of the tax refund program for qualified defense |
| 790 | contractors and space flight business contractors authorized by |
| 791 | s. 288.1045 and the tax refund program for qualified target |
| 792 | industry businesses authorized by s. 288.106. |
| 793 | 2. Information relative to tax credits taken by a business |
| 794 | under s. 220.191 and exemptions or tax refunds received by a |
| 795 | business under s. 212.08(5)(j) to the Office of Tourism, Trade, |
| 796 | and Economic Development, or its employees or agents that are |
| 797 | identified in writing by the office to the department, in the |
| 798 | administration and evaluation of the capital investment tax |
| 799 | credit program authorized in s. 220.191 and the semiconductor, |
| 800 | defense, and space tax exemption program authorized in s. |
| 801 | 212.08(5)(j). |
| 802 |
|
| 803 | Disclosure of information under this subsection shall be |
| 804 | pursuant to a written agreement between the executive director |
| 805 | and the agency. Such agencies, governmental or nongovernmental, |
| 806 | shall be bound by the same requirements of confidentiality as |
| 807 | the Department of Revenue. Breach of confidentiality is a |
| 808 | misdemeanor of the first degree, punishable as provided by s. |
| 809 | 775.082 or s. 775.083. |
| 810 | Section 4. This act shall take effect July 1, 2008. |