Amendment
Bill No. CS/SB 2778

Amendment No. 288661

CHAMBER ACTION
Senate		House
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1	Representative Weatherford offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Paragraph (a) of subsection (5) of section
6	125.0104, Florida Statutes, is amended to read:
7	125.0104  Tourist development tax; procedure for levying;
8	authorized uses; referendum; enforcement.--
9	(5)  AUTHORIZED USES OF REVENUE.--
10	(a)  All tax revenues received pursuant to this section by
11	a county imposing the tourist development tax shall be used by
12	that county for the following purposes only:
13	1.  To acquire, construct, extend, enlarge, remodel,
14	repair, improve, maintain, operate, or promote one or more
15	publicly owned and operated convention centers, sports stadiums,
16	sports arenas, coliseums, or auditoriums, or museums that are
17	publicly owned and operated or owned and operated by not-for-
18	profit organizations and open to the public, within the
19	boundaries of the county or subcounty special taxing district in
20	which the tax is levied, or within the boundaries of an adjacent
21	county if the county imposing the tax makes a finding that the
22	facility will benefit tourism in that county. Tax revenues
23	received pursuant to this section may also be used for promotion
24	of zoological parks that are publicly owned and operated or
25	owned and operated by not-for-profit organizations and open to
26	the public. However, these purposes may be implemented through
27	service contracts and leases with lessees with sufficient
28	expertise or financial capability to operate such facilities;
29	2.  To promote and advertise tourism in the State of
30	Florida and nationally and internationally; however, if tax
31	revenues are expended for an activity, service, venue, or event,
32	the activity, service, venue, or event shall have as one of its
33	main purposes the attraction of tourists as evidenced by the
34	promotion of the activity, service, venue, or event to tourists;
35	3.  To fund convention bureaus, tourist bureaus, tourist
36	information centers, and news bureaus as county agencies or by
37	contract with the chambers of commerce or similar associations
38	in the county, which may include any indirect administrative
39	costs for services performed by the county on behalf of the
40	promotion agency; or
41	4.  To finance beach park facilities or beach improvement,
42	maintenance, renourishment, restoration, and erosion control,
43	including shoreline protection, enhancement, cleanup, or
44	restoration of inland lakes and rivers to which there is public
45	access as those uses relate to the physical preservation of the
46	beach, shoreline, or inland lake or river. However, any funds
47	identified by a county as the local matching source for beach
48	renourishment, restoration, or erosion control projects included
49	in the long-range budget plan of the state's Beach Management
50	Plan, pursuant to s. 161.091, or funds contractually obligated
51	by a county in the financial plan for a federally authorized
52	shore protection project may not be used or loaned for any other
53	purpose. In counties of less than 100,000 population, no more
54	than 10 percent of the revenues from the tourist development tax
55	may be used for beach park facilities.
56	Section 2.  Subsection (5) of section 220.191, Florida
57	Statutes, is amended to read:
58	220.191  Capital investment tax credit.--
59	(5)  Applications shall be reviewed and certified pursuant
60	to s. 288.061. The office, upon a recommendation by Enterprise
61	Florida, Inc., shall first certify a business as eligible to
62	receive tax credits pursuant to this section prior to the
63	commencement of operations of a qualifying project, and such
64	certification shall be transmitted to the Department of Revenue.
65	Upon receipt of the certification, the Department of Revenue
66	shall enter into a written agreement with the qualifying
67	business specifying, at a minimum, the method by which income
68	generated by or arising out of the qualifying project will be
69	determined.
70	Section 3.  Section 288.061, Florida Statutes, is created
71	to read:
72	288.061  Economic development incentive application
73	process.--
74	(1)  In order to expedite and provide a timely review for
75	the certification of economic development incentive
76	applications, Enterprise Florida, Inc., shall review each
77	submitted application and inform the applicant business whether
78	or not its application is complete within 10 working days. Once
79	the application is deemed complete, Enterprise Florida, Inc.,
80	has 10 working days to evaluate the application and recommend
81	approval or disapproval of the application to the director of
82	the Office of Tourism, Trade, and Economic Development. In
83	recommending an applicant business for approval, Enterprise
84	Florida, Inc., shall include in its evaluation a recommended
85	grant award amount and a review of the applicant's ability to
86	meet specific program criteria.
87	(2)  Upon receipt of the evaluation and recommendation of
88	Enterprise Florida, Inc., the Office of Tourism, Trade, and
89	Economic Development has 10 calendar days to notify Enterprise
90	Florida, Inc., if the application is not complete. The director
91	has 35 calendar days from the time the recommendation was
92	received from Enterprise Florida, Inc., to review the
93	application and issue a letter of certification to the applicant
94	that either approves or disapproves an applicant business that
95	includes justification, unless the business requests an
96	extension of the time. The final order shall specify the total
97	amount of the award, the performance conditions that must be met
98	to obtain the award, and the schedule for payment.
99	Section 4.  Subsection (4) of section 288.063, Florida
100	Statutes, is amended to read:
101	288.063  Contracts for transportation projects.--
102	(4)  The Office of Tourism, Trade, and Economic Development
103	may adopt criteria by which transportation projects are to be
104	reviewed and certified in accordance with s. 288.061 specified
105	and identified. In approving transportation projects for
106	funding, the Office of Tourism, Trade, and Economic Development
107	shall consider factors including, but not limited to, the cost
108	per job created or retained considering the amount of
109	transportation funds requested; the average hourly rate of wages
110	for jobs created; the reliance on the program as an inducement
111	for the project's location decision; the amount of capital
112	investment to be made by the business; the demonstrated local
113	commitment; the location of the project in an enterprise zone
114	designated pursuant to s. 290.0055; the location of the project
115	in a spaceport territory as defined in s. 331.304; the
116	unemployment rate of the surrounding area; the poverty rate of
117	the community; and the adoption of an economic element as part
118	of its local comprehensive plan in accordance with s.
119	163.3177(7)(j). The Office of Tourism, Trade, and Economic
120	Development may contact any agency it deems appropriate for
121	additional input regarding the approval of projects.
122	Section 5.  Subsection (2) of section 288.065, Florida
123	Statutes, is amended to read:
124	288.065  Rural Community Development Revolving Loan Fund.--
125	(2)  The program shall provide for long-term loans, loan
126	guarantees, and loan loss reserves to units of local
127	governments, or economic development organizations substantially
128	underwritten by a unit of local government, within counties with
129	populations of 75,000 or less, or any county that has a
130	population of 120,000 100,000 or less and is contiguous to a
131	county with a population of 75,000 or less, as determined by the
132	most recent official estimate pursuant to s. 186.901, residing
133	in incorporated and unincorporated areas of the county, or to
134	units of local government, or economic development organizations
135	substantially underwritten by a unit of local government, within
136	a rural area of critical economic concern. Requests for loans
137	shall be made by application to the Office of Tourism, Trade,
138	and Economic Development. Loans shall be made pursuant to
139	agreements specifying the terms and conditions agreed to between
140	the applicant and the Office of Tourism, Trade, and Economic
141	Development. The loans shall be the legal obligations of the
142	applicant. All repayments of principal and interest shall be
143	returned to the loan fund and made available for loans to other
144	applicants. However, in a rural area of critical economic
145	concern designated by the Governor, and upon approval by the
146	Office of Tourism, Trade, and Economic Development, repayments
147	of principal and interest may be retained by the applicant if
148	such repayments are dedicated and matched to fund regionally
149	based economic development organizations representing the rural
150	area of critical economic concern.
151	Section 6.  Paragraphs (b) and (e) of subsection (2) and
152	subsection (3) of section 288.0655, Florida Statutes, are
153	amended to read:
154	288.0655  Rural Infrastructure Fund.--
155	(2)
156	(b)  To facilitate access of rural communities and rural
157	areas of critical economic concern as defined by the Rural
158	Economic Development Initiative to infrastructure funding
159	programs of the Federal Government, such as those offered by the
160	United States Department of Agriculture and the United States
161	Department of Commerce, and state programs, including those
162	offered by Rural Economic Development Initiative agencies, and
163	to facilitate local government or private infrastructure funding
164	efforts, the office may award grants for up to 30 percent of the
165	total infrastructure project cost. If an application for funding
166	is for a catalyst site, as defined in s. 288.0656, the office
167	may award grants for up to 40 percent of the total
168	infrastructure project cost. Eligible projects must be related
169	to specific job-creation or job-retention opportunities.
170	Eligible projects may also include improving any inadequate
171	infrastructure that has resulted in regulatory action that
172	prohibits economic or community growth or reducing the costs to
173	community users of proposed infrastructure improvements that
174	exceed such costs in comparable communities. Eligible uses of
175	funds shall include improvements to public infrastructure for
176	industrial or commercial sites and upgrades to or development of
177	public tourism infrastructure. Authorized infrastructure may
178	include the following public or public-private partnership
179	facilities: storm water systems; telecommunications facilities;
180	broadband; roads or other remedies to transportation
181	impediments; nature-based tourism facilities; or other physical
182	requirements necessary to facilitate tourism, trade, and
183	economic development activities in the community. Authorized
184	infrastructure may also include publicly or privately owned:
185	self-powered nature-based tourism facilities;
186	telecommunications; broadband; and additions to the distribution
187	facilities of the existing natural gas utility as defined in s.
188	366.04(3)(c), the existing electric utility as defined in s.
189	366.02, or the existing water or wastewater utility as defined
190	in s. 367.021(12), or any other existing water or wastewater
191	facility, which owns a gas or electric distribution system or a
192	water or wastewater system in this state where:
193	1.  A contribution-in-aid of construction is required to
194	serve public or public-private partnership facilities under the
195	tariffs of any natural gas, electric, water, or wastewater
196	utility as defined herein; and
197	2.  Such utilities as defined herein are willing and able
198	to provide such service.
199	(e)  To enable local governments to access the resources
200	available pursuant to s. 403.973(19), the office may award
201	grants for surveys, feasibility studies, and other activities
202	related to the identification and preclearance review of land
203	which is suitable for preclearance review. Authorized grants
204	under this paragraph shall not exceed $75,000 each, except in
205	the case of a project in a rural area of critical economic
206	concern, in which case the grant shall not exceed $300,000. Any
207	funds awarded under this paragraph must be matched at a level of
208	50 percent with local funds, except that any funds awarded for a
209	project in a rural area of critical economic concern must be
210	matched at a level of 33 percent with local funds. If an
211	application for funding is for a catalyst site, as defined in s.
212	288.0656, the requirement for local match may be waived. In
213	evaluating applications under this paragraph, the office shall
214	consider the extent to which the application seeks to minimize
215	administrative and consultant expenses.
216	(3)  The office, in consultation with Enterprise Florida,
217	Inc., VISIT Florida, the Department of Environmental Protection,
218	and the Florida Fish and Wildlife Conservation Commission, as
219	appropriate, shall review and certify applications pursuant to
220	s. 288.061. The review shall include an evaluation of and
221	evaluate the economic benefit of the projects and their long-
222	term viability. The office shall have final approval for any
223	grant under this section and must make a grant decision within
224	30 days of receiving a completed application.
225	Section 7.  Section 288.0656, Florida Statutes, is amended
226	to read:
227	288.0656  Rural Economic Development Initiative.--
228	(1)(a)  Recognizing that rural communities and regions
229	continue to face extraordinary challenges in their efforts to
230	achieve significant improvements to their economies,
231	specifically in terms of personal income, job creation, average
232	wages, and strong tax bases, it is the intent of the Legislature
233	to encourage and facilitate the location and expansion in such
234	rural communities of major economic development projects of
235	significant scale.
236	(b)  The Rural Economic Development Initiative, known as
237	"REDI," is created within the Office of Tourism, Trade, and
238	Economic Development, and the participation of state and
239	regional agencies in this initiative is authorized.
240	(2)  As used in this section, the term:
241	(a)  "Catalyst project" means a business locating or
242	expanding in a rural area of critical economic concern to serve
243	as an economic growth opportunity of regional significance for
244	the growth of a regional target industry cluster. The project
245	must provide capital investment on a scale significant enough to
246	affect the entire region and result in the development of high-
247	wage and high-skill jobs.
248	(b)  "Catalyst site" means a parcel or parcel of lands
249	within a rural area of critical economic concern that has been
250	prioritized as a geographic site for economic development
251	through partnerships with state, regional, and local
252	organizations. The site must be reviewed by REDI and approved by
253	the Office of Tourism, Trade, and Economic Development for
254	purposes of locating a catalyst project.
255	(c)(a)  "Economic distress" means conditions affecting the
256	fiscal and economic viability of a rural community, including
257	such factors as low per capita income, low per capita taxable
258	values, high unemployment, high underemployment, low weekly
259	earned wages compared to the state average, low housing values
260	compared to the state average, high percentages of the
261	population receiving public assistance, high poverty levels
262	compared to the state average, and a lack of year-round stable
263	employment opportunities.
264	(d)  "Rural area of critical economic concern" means a
265	rural community, or a region composed of rural communities,
266	designated by the Governor, that has been adversely affected by
267	an extraordinary economic event, severe or chronic distress, or
268	a natural disaster or that presents a unique economic
269	development opportunity of regional impact.
270	(e)(b)  "Rural community" means:
271	1.  A county with a population of 75,000 or less.
272	2.  A county with a population of 120,000 100,000 or less
273	that is contiguous to a county with a population of 75,000 or
274	less.
275	3.  A municipality within a county described in
276	subparagraph 1. or subparagraph 2.
277	4.  An unincorporated federal enterprise community or an
278	incorporated rural city with a population of 25,000 or less and
279	an employment base focused on traditional agricultural or
280	resource-based industries, located in a county not defined as
281	rural, which has at least three or more of the economic distress
282	factors identified in paragraph (a) and verified by the Office
283	of Tourism, Trade, and Economic Development.
284
285	For purposes of this paragraph, population shall be determined
286	in accordance with the most recent official estimate pursuant to
287	s. 186.901.
288	(3)  REDI shall be responsible for coordinating and
289	focusing the efforts and resources of state and regional
290	agencies on the problems which affect the fiscal, economic, and
291	community viability of Florida's economically distressed rural
292	communities, working with local governments, community-based
293	organizations, and private organizations that have an interest
294	in the growth and development of these communities to find ways
295	to balance environmental and growth management issues with local
296	needs.
297	(4)  REDI shall review and evaluate the impact of statutes
298	and rules on rural communities and shall work to minimize any
299	adverse impact and undertake outreach and capacity building
300	efforts.
301	(5)  REDI shall facilitate better access to state resources
302	by promoting direct access and referrals to appropriate state
303	and regional agencies and statewide organizations. REDI may
304	undertake outreach, capacity-building, and other advocacy
305	efforts to improve conditions in rural communities. These
306	activities may include sponsorship of conferences and
307	achievement awards.
308	(6)(a)  By August 1 of each year, the head of each of the
309	following agencies and organizations shall designate a high-
310	level staff person from within the agency or organization to
311	serve as the REDI representative for the agency or organization:
312	1.  The Department of Community Affairs.
313	2.  The Department of Transportation.
314	3.  The Department of Environmental Protection.
315	4.  The Department of Agriculture and Consumer Services.
316	5.  The Department of State.
317	6.  The Department of Health.
318	7.  The Department of Children and Family Services.
319	8.  The Department of Corrections.
320	9.  The Agency for Workforce Innovation.
321	10.  The Department of Education.
322	11.  The Department of Juvenile Justice.
323	12.  The Fish and Wildlife Conservation Commission.
324	13.  Each water management district.
325	14.  Enterprise Florida, Inc.
326	15.  Workforce Florida, Inc.
327	16.  The Florida Commission on Tourism or VISIT Florida.
328	17.  The Florida Regional Planning Council Association.
329	18.  The Agency for Health Care Administration Florida
330	State Rural Development Council.
331	19.  The Institute of Food and Agricultural Sciences
332	(IFAS).
333
334	An alternate for each designee shall also be chosen, and the
335	names of the designees and alternates shall be sent to the
336	director of the Office of Tourism, Trade, and Economic
337	Development.
338	(b)  Each REDI representative must have comprehensive
339	knowledge of his or her agency's functions, both regulatory and
340	service in nature, and of the state's economic goals, policies,
341	and programs. This person shall be the primary point of contact
342	for his or her agency with REDI on issues and projects relating
343	to economically distressed rural communities and with regard to
344	expediting project review, shall ensure a prompt effective
345	response to problems arising with regard to rural issues, and
346	shall work closely with the other REDI representatives in the
347	identification of opportunities for preferential awards of
348	program funds and allowances and waiver of program requirements
349	when necessary to encourage and facilitate long-term private
350	capital investment and job creation.
351	(c)  The REDI representatives shall work with REDI in the
352	review and evaluation of statutes and rules for adverse impact
353	on rural communities and the development of alternative
354	proposals to mitigate that impact.
355	(d)  Each REDI representative shall be responsible for
356	ensuring that each district office or facility of his or her
357	agency is informed about the Rural Economic Development
358	Initiative and for providing assistance throughout the agency in
359	the implementation of REDI activities.
360	(7)(a)  REDI may recommend to the Governor up to three
361	rural areas of critical economic concern. A rural area of
362	critical economic concern must be a rural community, or a region
363	composed of such, that has been adversely affected by an
364	extraordinary economic event or a natural disaster or that
365	presents a unique economic development opportunity of regional
366	impact that will create more than 1,000 jobs over a 5-year
367	period. The Governor may by executive order designate up to
368	three rural areas of critical economic concern which will
369	establish these areas as priority assignments for REDI as well
370	as to allow the Governor, acting through REDI, to waive
371	criteria, requirements, or similar provisions of any economic
372	development incentive. Such incentives shall include, but not be
373	limited to: the Qualified Target Industry Tax Refund Program
374	under s. 288.106, the Quick Response Training Program under s.
375	288.047, the Quick Response Training Program for participants in
376	the welfare transition program under s. 288.047(8),
377	transportation projects under s. 288.063, the brownfield
378	redevelopment bonus refund under s. 288.107, and the rural job
379	tax credit program under ss. 212.098 and 220.1895.
380	(b)  Designation as a rural area of critical economic
381	concern under this subsection shall be contingent upon the
382	execution of a memorandum of agreement among the Office of
383	Tourism, Trade, and Economic Development; the governing body of
384	the county; and the governing bodies of any municipalities to be
385	included within a rural area of critical economic concern. Such
386	agreement shall specify the terms and conditions of the
387	designation, including, but not limited to, the duties and
388	responsibilities of the county and any participating
389	municipalities to take actions designed to facilitate the
390	retention and expansion of existing businesses in the area, as
391	well as the recruitment of new businesses to the area.
392	(c)  Each rural area of critical economic concern may
393	designate catalyst projects, provided that each catalyst project
394	is specifically recommended by REDI, identified as a catalyst
395	project by Enterprise Florida, Inc., and confirmed as a catalyst
396	project by the Office of Tourism, Trade, and Economic
397	Development. All state agencies and departments shall use all
398	available tools and resources to the extent permissible by law
399	to promote the creation and development of each catalyst project
400	and the development of catalyst sites.
401	(8)  REDI shall assist local governments within rural areas
402	of critical economic concern with comprehensive planning needs
403	with efforts that further the provisions of this section. Such
404	assistance shall reflect a multidisciplinary approach among all
405	agencies and shall include economic development and planning
406	objectives.
407	(a)  A local government may request assistance in the
408	preparation of comprehensive plan amendments, pursuant to part
409	II of chapter 163, that will stimulate economic activity.
410	1.  The local government must contact the Office of
411	Tourism, Trade, and Economic Development to request assistance.
412	2.  REDI representatives shall meet with the local
413	government within 15 days after such request to develop the
414	scope of assistance that will be provided to assist the
415	development, transmittal, and adoption of the proposed
416	comprehensive plan amendment.
417	3.  As part of the assistance provided, REDI
418	representatives shall also identify other needed local and
419	developer actions for approval of the project and recommend a
420	timeline for the local government and developer that will
421	minimize project delays.
422	(b)  In addition, REDI shall solicit requests each year for
423	assistance from local governments within a rural area of
424	critical economic concern to update the future land use element
425	and other associated elements of the local government's
426	comprehensive plan to better position the community to respond
427	to economic development potential within the county or
428	municipality. REDI shall provide direct assistance to such local
429	governments to update their comprehensive plans pursuant to this
430	paragraph. At least one comprehensive planning technical
431	assistance effort shall be selected each year.
432	(c)  REDI shall develop and annually update a technical
433	assistance manual based upon experiences learned in providing
434	direct assistance under this subsection.
435	(9)(8)  REDI shall submit a report to the Governor, the
436	President of the Senate, and the Speaker of the House of
437	Representatives each year on or before September February 1 on
438	all REDI activities for the prior fiscal year. This report shall
439	include a status report on all projects currently being
440	coordinated through REDI, the number of preferential awards and
441	allowances made pursuant to this section, the dollar amount of
442	such awards, and the names of the recipients. The report shall
443	also include a description of all waivers of program
444	requirements granted. The report shall also include information
445	as to the economic impact of the projects coordinated by REDI.
446	Section 8.  Subsection (1) of section 288.0657, Florida
447	Statutes, is amended to read:
448	288.0657  Florida rural economic development strategy
449	grants.--
450	(1)  As used in this section, the term "rural community"
451	means:
452	(a)  A county with a population of 75,000 or less.
453	(b)  A county with a population of 120,000 100,000 or less
454	that is contiguous to a county with a population of 75,000 or
455	less.
456	(c)  A municipality within a county described in paragraph
457	(a) or paragraph (b).
458
459	For purposes of this subsection, population shall be determined
460	in accordance with the most recent official estimate pursuant to
461	s. 186.901.
462	Section 9.  Paragraph (f) of subsection (2), paragraphs
463	(b), (c), (d), (g), and (h) of subsection (3), paragraph (c) of
464	subsection (5), and paragraphs (d) and (e) of subsection (6),
465	288.1045, Florida Statutes, are amended to read:
466	288.1045  Qualified defense contractor tax refund
467	program.--
468	(2)  GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.--
469	(f)  After entering into a tax refund agreement pursuant to
470	subsection (4), a qualified applicant may:
471	1.  Receive refunds from the account for corporate income
472	taxes due and paid pursuant to chapter 220 by that business
473	beginning with the first taxable year of the business which
474	begins after entering into the agreement.
475	2.  Receive funds from the General Revenue Fund and the
476	Economic Development Trust Fund for the following taxes due and
477	paid by that business the qualified applicant beginning with the
478	applicant's first taxable year that begins after entering into
479	the agreement:
480	a.1.  Taxes on sales, use, and other transactions paid
481	pursuant to chapter 212.
482	2.  Corporate income taxes paid pursuant to chapter 220.
483	b.3.  Intangible personal property taxes paid pursuant to
484	chapter 199.
485	c.4.  Emergency excise taxes paid pursuant to chapter 221.
486	d.5.  Excise taxes paid on documents pursuant to chapter
487	201.
488	e.6.  Ad valorem taxes paid, as defined in s. 220.03(1)(a)
489	on June 1, 1996.
490	f.7.  State communications services taxes administered
491	under chapter 202. This provision does not apply to the gross
492	receipts tax imposed under chapter 203 and administered under
493	chapter 202 or the local communications services tax authorized
494	under s. 202.19.
495
496	However, a qualified applicant may not receive a tax refund
497	pursuant to this section for any amount of credit, refund, or
498	exemption granted such contractor for any of such taxes. If a
499	refund for such taxes is provided by the office, which taxes are
500	subsequently adjusted by the application of any credit, refund,
501	or exemption granted to the qualified applicant other than that
502	provided in this section, the qualified applicant shall
503	reimburse the Economic Development Trust Fund for the amount of
504	such credit, refund, or exemption. A qualified applicant must
505	notify and tender payment to the office within 20 days after
506	receiving a credit, refund, or exemption, other than that
507	provided in this section. The addition of communications
508	services taxes administered under chapter 202 is remedial in
509	nature and retroactive to October 1, 2001. The office may make
510	supplemental tax refund payments to allow for tax refunds for
511	communications services taxes paid by an eligible qualified
512	defense contractor after October 1, 2001.
513	(3)  APPLICATION PROCESS; REQUIREMENTS; AGENCY
514	DETERMINATION.--
515	(b)  Applications for certification based on the
516	consolidation of a Department of Defense contract or a new
517	Department of Defense contract must be submitted to the office
518	as prescribed by the office and must include, but are not
519	limited to, the following information:
520	1.  The applicant's federal employer identification number,
521	the applicant's Florida sales tax registration number, and a
522	notarized signature of an officer of the applicant.
523	2.  The permanent location of the manufacturing,
524	assembling, fabricating, research, development, or design
525	facility in this state at which the project is or is to be
526	located.
527	3.  The Department of Defense contract numbers of the
528	contract to be consolidated, the new Department of Defense
529	contract number, or the "RFP" number of a proposed Department of
530	Defense contract.
531	4.  The date the contract was executed or is expected to be
532	executed, and the date the contract is due to expire or is
533	expected to expire.
534	5.  The commencement date for project operations under the
535	contract in this state.
536	6.  The number of net new full-time equivalent Florida jobs
537	included in the project as of December 31 of each year and the
538	average wage of such jobs.
539	7.  The total number of full-time equivalent employees
540	employed by the applicant in this state.
541	8.  The percentage of the applicant's gross receipts
542	derived from Department of Defense contracts during the 5
543	taxable years immediately preceding the date the application is
544	submitted.
545	9.  The number of full-time equivalent jobs in this state
546	to be retained by the project.
547	10.  The estimated amount of tax refunds to be claimed for
548	each fiscal year.
549	10.11.  A brief statement concerning the applicant's need
550	for tax refunds, and the proposed uses of such refunds by the
551	applicant.
552	11.12.  A resolution adopted by the governing board county
553	commissioners of the county or municipality in which the project
554	will be located, which recommends the applicant be approved as a
555	qualified applicant, and which indicates that the necessary
556	commitments of local financial support for the applicant exist.
557	Prior to the adoption of the resolution, the county commission
558	may review the proposed public or private sources of such
559	support and determine whether the proposed sources of local
560	financial support can be provided or, for any applicant whose
561	project is located in a county designated by the Rural Economic
562	Development Initiative, a resolution adopted by the county
563	commissioners of such county requesting that the applicant's
564	project be exempt from the local financial support requirement.
565	12.13.  Any additional information requested by the office.
566	(c)  Applications for certification based on the conversion
567	of defense production jobs to nondefense production jobs must be
568	submitted to the office as prescribed by the office and must
569	include, but are not limited to, the following information:
570	1.  The applicant's federal employer identification number,
571	the applicant's Florida sales tax registration number, and a
572	notarized signature of an officer of the applicant.
573	2.  The permanent location of the manufacturing,
574	assembling, fabricating, research, development, or design
575	facility in this state at which the project is or is to be
576	located.
577	3.  The Department of Defense contract numbers of the
578	contract under which the defense production jobs will be
579	converted to nondefense production jobs.
580	4.  The date the contract was executed, and the date the
581	contract is due to expire or is expected to expire, or was
582	canceled.
583	5.  The commencement date for the nondefense production
584	operations in this state.
585	6.  The number of net new full-time equivalent Florida jobs
586	included in the nondefense production project as of December 31
587	of each year and the average wage of such jobs.
588	7.  The total number of full-time equivalent employees
589	employed by the applicant in this state.
590	8.  The percentage of the applicant's gross receipts
591	derived from Department of Defense contracts during the 5
592	taxable years immediately preceding the date the application is
593	submitted.
594	9.  The number of full-time equivalent jobs in this state
595	to be retained by the project.
596	10.  The estimated amount of tax refunds to be claimed for
597	each fiscal year.
598	10.11.  A brief statement concerning the applicant's need
599	for tax refunds, and the proposed uses of such refunds by the
600	applicant.
601	11.12.  A resolution adopted by the governing board county
602	commissioners of the county or municipality in which the project
603	will be located, which recommends the applicant be approved as a
604	qualified applicant, and which indicates that the necessary
605	commitments of local financial support for the applicant exist.
606	Prior to the adoption of the resolution, the county commission
607	may review the proposed public or private sources of such
608	support and determine whether the proposed sources of local
609	financial support can be provided or, for any applicant whose
610	project is located in a county designated by the Rural Economic
611	Development Initiative, a resolution adopted by the county
612	commissioners of such county requesting that the applicant's
613	project be exempt from the local financial support requirement.
614	12.13.  Any additional information requested by the office.
615	(d)  Applications for certification based on a contract for
616	reuse of a defense-related facility must be submitted to the
617	office as prescribed by the office and must include, but are not
618	limited to, the following information:
619	1.  The applicant's Florida sales tax registration number
620	and a notarized signature of an officer of the applicant.
621	2.  The permanent location of the manufacturing,
622	assembling, fabricating, research, development, or design
623	facility in this state at which the project is or is to be
624	located.
625	3.  The business entity holding a valid Department of
626	Defense contract or branch of the Armed Forces of the United
627	States that previously occupied the facility, and the date such
628	entity last occupied the facility.
629	4.  A copy of the contract to reuse the facility, or such
630	alternative proof as may be prescribed by the office that the
631	applicant is seeking to contract for the reuse of such facility.
632	5.  The date the contract to reuse the facility was
633	executed or is expected to be executed, and the date the
634	contract is due to expire or is expected to expire.
635	6.  The commencement date for project operations under the
636	contract in this state.
637	7.  The number of net new full-time equivalent Florida jobs
638	included in the project as of December 31 of each year and the
639	average wage of such jobs.
640	8.  The total number of full-time equivalent employees
641	employed by the applicant in this state.
642	9.  The number of full-time equivalent jobs in this state
643	to be retained by the project.
644	10.  The estimated amount of tax refunds to be claimed for
645	each fiscal year.
646	10.11.  A brief statement concerning the applicant's need
647	for tax refunds, and the proposed uses of such refunds by the
648	applicant.
649	11.12.  A resolution adopted by the governing board county
650	commissioners of the county or municipality in which the project
651	will be located, which recommends the applicant be approved as a
652	qualified applicant, and which indicates that the necessary
653	commitments of local financial support for the applicant exist.
654	Prior to the adoption of the resolution, the county commission
655	may review the proposed public or private sources of such
656	support and determine whether the proposed sources of local
657	financial support can be provided or, for any applicant whose
658	project is located in a county designated by the Rural Economic
659	Development Initiative, a resolution adopted by the county
660	commissioners of such county requesting that the applicant's
661	project be exempt from the local financial support requirement.
662	12.13.  Any additional information requested by the office.
663	(g)  Applications shall be reviewed and certified pursuant
664	to s. 288.061. If appropriate, the director shall enter into a
665	written agreement with the qualified applicant pursuant to
666	subsection (4). The office shall forward its written findings
667	and evaluation on each application meeting the requirements of
668	paragraphs (b) and (e), paragraphs (c) and (e), or paragraphs
669	(d) and (e) to the director within 60 calendar days after
670	receipt of a complete application. The office shall notify each
671	applicant when its application is complete, and when the 60-day
672	period begins. In its written report to the director, the office
673	shall specifically address each of the factors specified in
674	paragraph (f), and shall make a specific assessment with respect
675	to the minimum requirements established in paragraph (e). The
676	office shall include in its report projections of the tax
677	refunds the applicant would be eligible to receive in each
678	fiscal year based on the creation and maintenance of the net new
679	Florida jobs specified in subparagraph (b)6., subparagraph
680	(c)6., or subparagraph (d)7. as of December 31 of the preceding
681	state fiscal year.
682	(h)  Within 30 days after receipt of the office's findings
683	and evaluation, the director shall issue a letter of
684	certification which either approves or disapproves an
685	application. The decision must be in writing and provide the
686	justifications for either approval or disapproval. If
687	appropriate, the director shall enter into a written agreement
688	with the qualified applicant pursuant to subsection (4).
689	(5)  ANNUAL CLAIM FOR REFUND FROM A QUALIFIED DEFENSE
690	CONTRACTOR.--
691	(c)  A tax refund may not be approved for any qualified
692	applicant unless local financial support has been paid to the
693	Economic Development Trust Fund for that refund. If the local
694	financial support is less than 20 percent of the approved tax
695	refund, the tax refund shall be reduced. The tax refund paid may
696	not exceed 5 times the local financial support received. Funding
697	from local sources includes tax abatement under s. 196.1995 or
698	the appraised market value of municipal or county land,
699	including any improvements or structures, conveyed or provided
700	at a discount through a sale or lease to that provided to a
701	qualified applicant. The amount of any tax refund for an
702	applicant approved under this section shall be reduced by the
703	amount of any such tax abatement granted or the value of the
704	land granted, including the value of any improvements or
705	structures;, and the limitations in subsection (2) and paragraph
706	(3)(h) shall be reduced by the amount of any such tax abatement
707	or the value of the land granted, including any improvements or
708	structures. A report listing all sources of the local financial
709	support shall be provided to the office when such support is
710	paid to the Economic Development Trust Fund.
711	(6)  ADMINISTRATION.--
712	(d)  By December 1 of each year, the office shall submit a
713	complete and detailed report to the Governor, the President of
714	the Senate, and the Speaker of the House of Representatives of
715	all tax refunds paid under this section, including analyses of
716	benefits and costs, types of projects supported, employment and
717	investment created, geographic distribution of tax refunds
718	granted, and minority business participation. The report must
719	indicate whether the moneys appropriated by the Legislature to
720	the qualified applicant tax refund program were expended in a
721	prudent, fiducially sound manner.
722	(d)(e)  Funds specifically appropriated for the tax refund
723	program under this section may not be used for any purpose other
724	than the payment of tax refunds authorized by this section.
725	Section 10.  Section 288.106, Florida Statutes, is amended
726	to read:
727	288.106  Tax refund program for qualified target industry
728	businesses.--
729	(1)  DEFINITIONS.--As used in this section:
730	(a)  "Account" means the Economic Development Incentives
731	Account within the Economic Development Trust Fund established
732	under s. 288.095.
733	(b)  "Average private sector wage in the area" means the
734	statewide private sector average wage or the average of all
735	private sector wages and salaries in the county or in the
736	standard metropolitan area in which the business is located.
737	(c)  "Business" means an employing unit, as defined in s.
738	443.036, which is registered for unemployment compensation
739	purposes with the state agency providing unemployment tax
740	collection services under contract with the Agency for Workforce
741	Innovation through an interagency agreement pursuant to s.
742	443.1316, or a subcategory or division of an employing unit
743	which is accepted by the state agency providing unemployment tax
744	collection services as a reporting unit.
745	(d)  "Corporate headquarters business" means an
746	international, national, or regional headquarters office of a
747	multinational or multistate business enterprise or national
748	trade association, whether separate from or connected with other
749	facilities used by such business.
750	(e)  "Office" means the Office of Tourism, Trade, and
751	Economic Development.
752	(f)  "Enterprise zone" means an area designated as an
753	enterprise zone pursuant to s. 290.0065.
754	(g)  "Expansion of an existing business" means the
755	expansion of an existing Florida business by or through
756	additions to real and personal property, resulting in a net
757	increase in employment of not less than 10 percent at such
758	business.
759	(h)  "Fiscal year" means the fiscal year of the state.
760	(i)  "Jobs" means full-time equivalent positions, as that
761	term is consistent with terms used by the Agency for Workforce
762	Innovation and the United States Department of Labor for
763	purposes of unemployment compensation tax administration and
764	employment estimation, resulting directly from a project in this
765	state. The term does not include temporary construction jobs
766	involved with the construction of facilities for the project or
767	any jobs previously included in any application for tax refunds
768	under s. 288.1045 or this section.
769	(j)  "Local financial support" means funding from local
770	sources, public or private, which is paid to the Economic
771	Development Trust Fund and which is equal to 20 percent of the
772	annual tax refund for a qualified target industry business. A
773	qualified target industry business may not provide, directly or
774	indirectly, more than 5 percent of such funding in any fiscal
775	year. The sources of such funding may not include, directly or
776	indirectly, state funds appropriated from the General Revenue
777	Fund or any state trust fund, excluding tax revenues shared with
778	local governments pursuant to law.
779	(k)  "Local financial support exemption option" means the
780	option to exercise an exemption from the local financial support
781	requirement available to any applicant whose project is located
782	in a brownfield area or a county with a population of 75,000 or
783	fewer or a county with a population of 120,000 100,000 or fewer
784	which is contiguous to a county with a population of 75,000 or
785	fewer. Any applicant that exercises this option shall not be
786	eligible for more than 80 percent of the total tax refunds
787	allowed such applicant under this section.
788	(l)  "New business" means a business which heretofore did
789	not exist in this state, first beginning operations on a site
790	located in this state and clearly separate from any other
791	commercial or industrial operations owned by the same business.
792	(m)  "Project" means the creation of a new business or
793	expansion of an existing business.
794	(n)  "Director" means the Director of the Office of
795	Tourism, Trade, and Economic Development.
796	(o)  "Target industry business" means a corporate
797	headquarters business or any business that is engaged in one of
798	the target industries identified pursuant to the following
799	criteria developed by the office in consultation with Enterprise
800	Florida, Inc.:
801	1.  Future growth.--Industry forecasts should indicate
802	strong expectation for future growth in both employment and
803	output, according to the most recent available data. Special
804	consideration should be given to Florida's growing access to
805	international markets or to replacing imports.
806	2.  Stability.--The industry should not be subject to
807	periodic layoffs, whether due to seasonality or sensitivity to
808	volatile economic variables such as weather. The industry should
809	also be relatively resistant to recession, so that the demand
810	for products of this industry is not necessarily subject to
811	decline during an economic downturn.
812	3.  High wage.--The industry should pay relatively high
813	wages compared to statewide or area averages.
814	4.  Market and resource independent.--The location of
815	industry businesses should not be dependent on Florida markets
816	or resources as indicated by industry analysis. Special
817	consideration should be given to the development of strong
818	industrial clusters which include defense and homeland security
819	businesses.
820	5.  Industrial base diversification and strengthening.--The
821	industry should contribute toward expanding or diversifying the
822	state's or area's economic base, as indicated by analysis of
823	employment and output shares compared to national and regional
824	trends. Special consideration should be given to industries that
825	strengthen regional economies by adding value to basic products
826	or building regional industrial clusters as indicated by
827	industry analysis.
828	6.  Economic benefits.--The industry should have strong
829	positive impacts on or benefits to the state and regional
830	economies.
831
832	The office, in consultation with Enterprise Florida, Inc., shall
833	develop a list of such target industries annually and submit
834	such list as part of the final agency legislative budget request
835	submitted pursuant to s. 216.023(1). A target industry business
836	may not include any industry engaged in retail activities; any
837	electrical utility company; any phosphate or other solid
838	minerals severance, mining, or processing operation; any oil or
839	gas exploration or production operation; or any firm subject to
840	regulation by the Division of Hotels and Restaurants of the
841	Department of Business and Professional Regulation.
842	(p)  "Taxable year" means taxable year as defined in s.
843	220.03(1)(y).
844	(q)  "Qualified target industry business" means a target
845	industry business that has been approved by the director to be
846	eligible for tax refunds pursuant to this section.
847	(r)  "Rural county" means a county with a population of
848	75,000 or fewer or a county with a population of 120,000 100,000
849	or fewer which is contiguous to a county with a population of
850	75,000 or fewer.
851	(s)  "Rural city" means a city with a population of 10,000
852	or less, or a city with a population of greater than 10,000 but
853	less than 20,000 which has been determined by the Office of
854	Tourism, Trade, and Economic Development to have economic
855	characteristics such as, but not limited to, a significant
856	percentage of residents on public assistance, a significant
857	percentage of residents with income below the poverty level, or
858	a significant percentage of the city's employment base in
859	agriculture-related industries.
860	(t)  "Rural community" means:
861	1.  A county with a population of 75,000 or less.
862	2.  A county with a population of 120,000 100,000 or less
863	that is contiguous to a county with a population of 75,000 or
864	less.
865	3.  A municipality within a county described in
866	subparagraph 1. or subparagraph 2.
867
868	For purposes of this paragraph, population shall be determined
869	in accordance with the most recent official estimate pursuant to
870	s. 186.901.
871	(u)  "Authorized local economic development agency" means
872	any public or private entity, including those defined in s.
873	288.075, authorized by a county or municipality to promote the
874	general business or industrial interests of that county or
875	municipality.
876	(2)  TAX REFUND; ELIGIBLE AMOUNTS.--
877	(a)  There shall be allowed, from the account, a refund to
878	a qualified target industry business for the amount of eligible
879	taxes certified by the director which were paid by such
880	business. The total amount of refunds for all fiscal years for
881	each qualified target industry business must be determined
882	pursuant to subsection (3). The annual amount of a refund to a
883	qualified target industry business must be determined pursuant
884	to subsection (5).
885	(b)  Upon approval by the director, a qualified target
886	industry business shall be allowed tax refund payments equal to
887	$3,000 times the number of jobs specified in the tax refund
888	agreement under subparagraph (4)(a)1., or equal to $6,000 times
889	the number of jobs if the project is located in a rural county
890	or an enterprise zone. Further, a qualified target industry
891	business shall be allowed additional tax refund payments equal
892	to $1,000 times the number of jobs specified in the tax refund
893	agreement under subparagraph (4)(a)1., if such jobs pay an
894	annual average wage of at least 150 percent of the average
895	private sector wage in the area, or equal to $2,000 times the
896	number of jobs if such jobs pay an annual average wage of at
897	least 200 percent of the average private sector wage in the
898	area. A qualified target industry business may not receive
899	refund payments of more than 25 percent of the total tax refunds
900	specified in the tax refund agreement under subparagraph
901	(4)(a)1. in any fiscal year. Further, a qualified target
902	industry business may not receive more than $1.5 million in
903	refunds under this section in any single fiscal year, or more
904	than $2.5 million in any single fiscal year if the project is
905	located in an enterprise zone. A qualified target industry may
906	not receive more than $5 million in refund payments under this
907	section in all fiscal years, or more than $7.5 million if the
908	project is located in an enterprise zone. Funds made available
909	pursuant to this section may not be expended in connection with
910	the relocation of a business from one community to another
911	community in this state unless the Office of Tourism, Trade, and
912	Economic Development determines that without such relocation the
913	business will move outside this state or determines that the
914	business has a compelling economic rationale for the relocation
915	and that the relocation will create additional jobs.
916	(c)  After entering into a tax refund agreement under
917	subsection (4), a qualified target industry business may:
918	1.  Receive refunds from the account for the following
919	taxes due and paid by that business beginning with the first
920	taxable year of the business which begins after entering into
921	the agreement:
922	a.  Corporate income taxes under chapter 220.
923	b.  Insurance premium tax under s. 624.509.
924	2.  Receive refunds from the account for the following
925	taxes due and paid by that business after entering into the
926	agreement:
927	a.  Taxes on sales, use, and other transactions under
928	chapter 212.
929	b.  Intangible personal property taxes under chapter 199.
930	c.  Emergency excise taxes under chapter 221.
931	d.  Excise taxes on documents under chapter 201.
932	e.  Ad valorem taxes paid, as defined in s. 220.03(1).
933	f.  State communications services taxes administered under
934	chapter 202. This provision does not apply to the gross receipts
935	tax imposed under chapter 203 and administered under chapter 202
936	or the local communications services tax authorized under s.
937	202.19.
938
939	The addition of state communications services taxes administered
940	under chapter 202 is remedial in nature and retroactive to
941	October 1, 2001. The office may make supplemental tax refund
942	payments to allow for tax refunds for communications services
943	taxes paid by an eligible qualified target industry business
944	after October 1, 2001.
945	(d)  However, a qualified target industry business may not
946	receive a refund under this section for any amount of credit,
947	refund, or exemption granted to that business for any of such
948	taxes. If a refund for such taxes is provided by the office,
949	which taxes are subsequently adjusted by the application of any
950	credit, refund, or exemption granted to the qualified target
951	industry business other than as provided in this section, the
952	business shall reimburse the account for the amount of that
953	credit, refund, or exemption. A qualified target industry
954	business shall notify and tender payment to the office within 20
955	days after receiving any credit, refund, or exemption other than
956	one provided in this section.
957	(e)  A qualified target industry business that fraudulently
958	claims a refund under this section:
959	1.  Is liable for repayment of the amount of the refund to
960	the account, plus a mandatory penalty in the amount of 200
961	percent of the tax refund which shall be deposited into the
962	General Revenue Fund.
963	2.  Is guilty of a felony of the third degree, punishable
964	as provided in s. 775.082, s. 775.083, or s. 775.084.
965	(3)  APPLICATION AND APPROVAL PROCESS.--
966	(a)  To apply for certification as a qualified target
967	industry business under this section, the business must file an
968	application with the office before the business has made the
969	decision to locate a new business in this state or before the
970	business had made the decision to expand an existing business in
971	this state. The application shall include, but is not limited
972	to, the following information:
973	1.  The applicant's federal employer identification number
974	and the applicant's state sales tax registration number.
975	2.  The permanent location of the applicant's facility in
976	this state at which the project is or is to be located.
977	3.  A description of the type of business activity or
978	product covered by the project, including a minimum of a four-
979	digit NAICS SIC codes for all activities included in the
980	project.
981	4.  The number of net new full-time equivalent Florida jobs
982	at the qualified target industry business as of December 31 of
983	each year included in the project and the average wage of those
984	jobs. If more than one type of business activity or product is
985	included in the project, the number of jobs and average wage for
986	those jobs must be separately stated for each type of business
987	activity or product.
988	5.  The total number of full-time equivalent employees
989	employed by the applicant in this state.
990	6.  The anticipated commencement date of the project.
991	7.  A brief statement concerning the role that the tax
992	refunds requested will play in the decision of the applicant to
993	locate or expand in this state.
994	8.  An estimate of the proportion of the sales resulting
995	from the project that will be made outside this state.
996	9.  A resolution adopted by the governing board of the
997	county or municipality in which the project will be located,
998	which resolution recommends that certain types of businesses be
999	approved as a qualified target industry business and states that
1000	the commitments of local financial support necessary for the
1001	target industry business exist. In advance of the passage of
1002	such resolution, the office may also accept an official letter
1003	from an authorized local economic development agency that
1004	endorses the proposed target industry project and pledges that
1005	sources of local financial support for such project exist. For
1006	the purposes of making pledges of local financial support under
1007	this subsection, the authorized local economic development
1008	agency shall be officially designated by the passage of a one-
1009	time resolution by the local governing authority.
1010	10.  Any additional information requested by the office.
1011	(b)  To qualify for review by the office, the application
1012	of a target industry business must, at a minimum, establish the
1013	following to the satisfaction of the office:
1014	1.  The jobs proposed to be provided under the application,
1015	pursuant to subparagraph (a)4., must pay an estimated annual
1016	average wage equaling at least 115 percent of the average
1017	private sector wage in the area where the business is to be
1018	located or the statewide private sector average wage. In
1019	determining the average annual wage, the office shall only
1020	include new proposed jobs, and wages for existing jobs shall be
1021	excluded from this calculation. The office may waive the this
1022	average wage requirement at the request of the local governing
1023	body recommending the project and Enterprise Florida, Inc. The
1024	wage requirement may only be waived for a project located in a
1025	brownfield area designated under s. 376.80 or in a rural city or
1026	county or in an enterprise zone and only when the merits of the
1027	individual project or the specific circumstances in the
1028	community in relationship to the project warrant such action. If
1029	the local governing body and Enterprise Florida, Inc., make such
1030	a recommendation, it must be transmitted in writing and the
1031	specific justification for the waiver recommendation must be
1032	explained. If the director elects to waive the wage requirement,
1033	the waiver must be stated in writing and the reasons for
1034	granting the waiver must be explained.
1035	2.  The target industry business's project must result in
1036	the creation of at least 10 jobs at such project and, if an
1037	expansion of an existing business, must result in a net increase
1038	in employment of at least not less than 10 percent at the such
1039	business. Notwithstanding the definition of the term "expansion
1040	of an existing business" in paragraph (1)(g), at the request of
1041	the local governing body recommending the project and Enterprise
1042	Florida, Inc., the office may define an "expansion of an
1043	existing business" in a rural community or an enterprise zone as
1044	the expansion of a business resulting in a net increase in
1045	employment of less than 10 percent at such business if the
1046	merits of the individual project or the specific circumstances
1047	in the community in relationship to the project warrant such
1048	action. If the local governing body and Enterprise Florida,
1049	Inc., make such a request, it must be transmitted in writing and
1050	the specific justification for the request must be explained. If
1051	the director elects to grant the such request, it such election
1052	must be stated in writing and the reason for granting the
1053	request must be explained.
1054	3.  The business activity or product for the applicant's
1055	project is within an industry or industries that have been
1056	identified by the office to be high-value-added industries that
1057	contribute to the area and to the economic growth of the state
1058	and that produce a higher standard of living for residents
1059	citizens of this state in the new global economy or that can be
1060	shown to make an equivalent contribution to the area and state's
1061	economic progress. The director must approve requests to waive
1062	the wage requirement for brownfield areas designated under s.
1063	376.80 unless it is demonstrated that such action is not in the
1064	public interest.
1065	(c)  Each application meeting the requirements of paragraph
1066	(b) must be submitted to the office for determination of
1067	eligibility. The office shall review and evaluate each
1068	application based on, but not limited to, the following
1069	criteria:
1070	1.  Expected contributions to the state strategic economic
1071	development plan adopted by Enterprise Florida, Inc., taking
1072	into account the long-term effects of the project and of the
1073	applicant on the state economy.
1074	2.  The economic benefit of the jobs created by the project
1075	in this state, taking into account the cost and average wage of
1076	each job created.
1077	3.  The amount of capital investment to be made by the
1078	applicant in this state.
1079	4.  The local commitment and support for the project.
1080	5.  The effect of the project on the local community,
1081	taking into account the unemployment rate for the county where
1082	the project will be located.
1083	6.  The effect of any tax refunds granted pursuant to this
1084	section on the viability of the project and the probability that
1085	the project will be undertaken in this state if such tax refunds
1086	are granted to the applicant, taking into account the expected
1087	long-term commitment of the applicant to economic growth and
1088	employment in this state.
1089	7.  The expected long-term commitment to this state
1090	resulting from the project.
1091	8.  A review of the business's past activities in this
1092	state or other states, including whether such business has been
1093	subjected to criminal or civil fines and penalties. Nothing in
1094	This subparagraph does not shall require the disclosure of
1095	confidential information.
1096	(d)  Applications shall be reviewed and certified pursuant
1097	to s. 288.061. The office shall forward its written findings and
1098	evaluation concerning each application meeting the requirements
1099	of paragraph (b) to the director within 45 calendar days after
1100	receipt of a complete application. The office shall notify each
1101	target industry business when its application is complete, and
1102	of the time when the 45-day period begins. In its written report
1103	to the director, the office shall specifically address each of
1104	the factors specified in paragraph (c) and shall make a specific
1105	assessment with respect to the minimum requirements established
1106	in paragraph (b). The office shall include in its review report
1107	projections of the tax refunds the business would be eligible to
1108	receive in each fiscal year based on the creation and
1109	maintenance of the net new Florida jobs specified in
1110	subparagraph (a)4. as of December 31 of the preceding state
1111	fiscal year. If appropriate, the director shall enter into a
1112	written agreement with the qualified target industry business
1113	pursuant to subsection (4).
1114	(e)1.  Within 30 days after receipt of the office's
1115	findings and evaluation, the director shall issue a letter of
1116	certification that either approves or disapproves the
1117	application of the target industry business. The decision must
1118	be in writing and must provide the justifications for approval
1119	or disapproval.
1120	2.  If appropriate, the director shall enter into a written
1121	agreement with the qualified target industry business pursuant
1122	to subsection (4).
1123	(e)(f)  The director may not certify any target industry
1124	business as a qualified target industry business if the value of
1125	tax refunds to be included in that letter of certification
1126	exceeds the available amount of authority to certify new
1127	businesses as determined in s. 288.095(3). However, if the
1128	commitments of local financial support represent less than 20
1129	percent of the eligible tax refund payments, or to otherwise
1130	preserve the viability and fiscal integrity of the program, the
1131	director may certify a qualified target industry business to
1132	receive tax refund payments of less than the allowable amounts
1133	specified in paragraph (2)(b). A letter of certification that
1134	approves an application must specify the maximum amount of tax
1135	refund that will be available to the qualified industry business
1136	in each fiscal year and the total amount of tax refunds that
1137	will be available to the business for all fiscal years.
1138	(f)(g)  Nothing in This section does not shall create a
1139	presumption that an applicant shall will receive any tax refunds
1140	under this section. However, the office may issue nonbinding
1141	opinion letters, upon the request of prospective applicants, as
1142	to the applicants' eligibility and the potential amount of
1143	refunds.
1144	(4)  TAX REFUND AGREEMENT.--
1145	(a)  Each qualified target industry business must enter
1146	into a written agreement with the office which specifies, at a
1147	minimum:
1148	1.  The total number of full-time equivalent jobs in this
1149	state that will be dedicated to the project, the average wage of
1150	those jobs, the definitions that will apply for measuring the
1151	achievement of these terms during the pendency of the agreement,
1152	and a time schedule or plan for when such jobs will be in place
1153	and active in this state.
1154	2.  The maximum amount of tax refunds which the qualified
1155	target industry business is eligible to receive on the project
1156	and the maximum amount of a tax refund that the qualified target
1157	industry business is eligible to receive for each fiscal year,
1158	based on the job creation and maintenance schedule specified in
1159	subparagraph 1.
1160	3.  That the office may review and verify the financial and
1161	personnel records of the qualified target industry business to
1162	ascertain whether that business is in compliance with this
1163	section.
1164	4.  The date by which, in each fiscal year, the qualified
1165	target industry business may file a claim under subsection (5)
1166	to be considered to receive a tax refund in the following fiscal
1167	year.
1168	5.  That local financial support will be annually available
1169	and will be paid to the account. The director may not enter into
1170	a written agreement with a qualified target industry business if
1171	the local financial support resolution is not passed by the
1172	local governing authority within 90 days after he or she has
1173	issued the letter of certification under subsection (3).
1174	(b)  Compliance with the terms and conditions of the
1175	agreement is a condition precedent for the receipt of a tax
1176	refund each year. The failure to comply with the terms and
1177	conditions of the tax refund agreement results in the loss of
1178	eligibility for receipt of all tax refunds previously authorized
1179	under this section and the revocation by the director of the
1180	certification of the business entity as a qualified target
1181	industry business, unless the business is eligible to receive
1182	and elects to accept a prorated refund under paragraph (5)(d) or
1183	the office grants the business an economic-stimulus exemption.
1184	1.  A qualified target industry business may submit, in
1185	writing, a request to the office for an economic-stimulus
1186	exemption. The request must provide quantitative evidence
1187	demonstrating how negative economic conditions in the business's
1188	industry, the effects of the impact of a named hurricane or
1189	tropical storm, or specific acts of terrorism affecting the
1190	qualified target industry business have prevented the business
1191	from complying with the terms and conditions of its tax refund
1192	agreement.
1193	2.  Upon receipt of a request under subparagraph 1., the
1194	director shall have 45 days to notify the requesting business,
1195	in writing, if its exemption has been granted or denied. In
1196	determining if an exemption should be granted, the director
1197	shall consider the extent to which negative economic conditions
1198	in the requesting business's industry have occurred in the state
1199	and, the effects of the impact of a named hurricane or tropical
1200	storm, or specific acts of terrorism affecting the qualified
1201	target industry business have prevented the business from
1202	complying with the terms and conditions of its tax refund
1203	agreement. The office shall consider Florida current employment
1204	statistics by industry, including whether the business's
1205	industry had substantial job loss during the prior year, when
1206	determining whether an exemption shall be granted.
1207	3.  As a condition for receiving a prorated refund under
1208	paragraph (5)(d) or an economic-stimulus exemption under this
1209	paragraph, a qualified target industry business must agree to
1210	renegotiate its tax refund agreement with the office to, at a
1211	minimum, ensure that the terms of the agreement comply with
1212	current law and office procedures governing application for and
1213	award of tax refunds. Upon approving the award of a prorated
1214	refund or granting an economic-stimulus exemption, the office
1215	shall renegotiate the tax refund agreement with the business as
1216	required by this subparagraph. When amending the agreement of a
1217	business receiving an economic-stimulus exemption, the office
1218	may extend the duration of the agreement for a period not to
1219	exceed 2 years.
1220	4.  A qualified target industry business may submit a
1221	request for an economic-stimulus exemption to the office in lieu
1222	of any tax refund claim scheduled to be submitted after January
1223	1, 2008 2005, but before July 1, 2009 2006.
1224	5.  A qualified target industry business that receives an
1225	economic-stimulus exemption may not receive a tax refund for the
1226	period covered by the exemption.
1227	(c)  The agreement must be signed by the director and by an
1228	authorized officer of the qualified target industry business
1229	within 120 days after the issuance of the letter of
1230	certification under subsection (3), but not before passage and
1231	receipt of the resolution of local financial support. The office
1232	may grant an extension of this period at the written request of
1233	the qualified target industry business.
1234	(d)  The agreement must contain the following legend,
1235	clearly printed on its face in bold type of not less than 10
1236	points in size: "This agreement is neither a general obligation
1237	of the State of Florida, nor is it backed by the full faith and
1238	credit of the State of Florida. Payment of tax refunds are
1239	conditioned on and subject to specific annual appropriations by
1240	the Florida Legislature of moneys sufficient to pay amounts
1241	authorized in section 288.106, Florida Statutes."
1242	(5)  ANNUAL CLAIM FOR REFUND.--
1243	(a)  To be eligible to claim any scheduled tax refund, a
1244	qualified target industry business that has entered into a tax
1245	refund agreement with the office under subsection (4) must apply
1246	by January 31 of each fiscal year to the office for the tax
1247	refund scheduled to be paid from the appropriation for the
1248	fiscal year that begins on July 1 following the January 31
1249	claims-submission date. The office may, upon written request,
1250	grant a 30-day extension of the filing date.
1251	(b)  The claim for refund by the qualified target industry
1252	business must include a copy of all receipts pertaining to the
1253	payment of taxes for which the refund is sought and data related
1254	to achievement of each performance item specified in the tax
1255	refund agreement. The amount requested as a tax refund may not
1256	exceed the amount specified for the relevant fiscal year in that
1257	agreement.
1258	(c)  A tax refund may not be approved for a qualified
1259	target industry business unless the required local financial
1260	support has been paid into the account for that refund. If the
1261	local financial support provided is less than 20 percent of the
1262	approved tax refund, the tax refund must be reduced. In no event
1263	may the tax refund exceed an amount that is equal to 5 times the
1264	amount of the local financial support received. Further, funding
1265	from local sources includes any tax abatement granted to that
1266	business under s. 196.1995 or the appraised market value of
1267	municipal or county land conveyed or provided at a discount to
1268	that business. The amount of any tax refund for such business
1269	approved under this section must be reduced by the amount of any
1270	such tax abatement granted or the value of the land granted; and
1271	the limitations in subsection (2) and paragraph (3)(e)(f) must
1272	be reduced by the amount of any such tax abatement or the value
1273	of the land granted. A report listing all sources of the local
1274	financial support shall be provided to the office when such
1275	support is paid to the account.
1276	(d)  A prorated tax refund, less a 5-percent penalty, shall
1277	be approved for a qualified target industry business provided
1278	all other applicable requirements have been satisfied and the
1279	business proves to the satisfaction of the director that it has
1280	achieved at least 80 percent of its projected employment and
1281	that the average wage paid by the business is at least 90
1282	percent of the average wage specified in the tax refund
1283	agreement, but in no case less than 115 percent of the average
1284	private sector wage in the area available at the time of
1285	certification, or 150 percent or 200 percent of the average
1286	private sector wage if the business requested the additional
1287	per-job tax refund authorized in paragraph (2)(b) for wages
1288	above those levels. The prorated tax refund shall be calculated
1289	by multiplying the tax refund amount for which the qualified
1290	target industry business would have been eligible, if all
1291	applicable requirements had been satisfied, by the percentage of
1292	the average employment specified in the tax refund agreement
1293	which was achieved, and by the percentage of the average wages
1294	specified in the tax refund agreement which was achieved.
1295	(e)  The director, with such assistance as may be required
1296	from the office, the Department of Revenue, or the Agency for
1297	Workforce Innovation, shall, by June 30 following the scheduled
1298	date for submission of the tax refund claim, specify by written
1299	order the approval or disapproval of the tax refund claim and,
1300	if approved, the amount of the tax refund that is authorized to
1301	be paid to the qualified target industry business for the annual
1302	tax refund. The office may grant an extension of this date on
1303	the request of the qualified target industry business for the
1304	purpose of filing additional information in support of the
1305	claim.
1306	(f)  The total amount of tax refund claims approved by the
1307	director under this section in any fiscal year must not exceed
1308	the amount authorized under s. 288.095(3).
1309	(g)  This section does not create a presumption that a tax
1310	refund claim will be approved and paid.
1311	(h)  Upon approval of the tax refund under paragraphs (c),
1312	(d), and (e), the Chief Financial Officer shall issue a warrant
1313	for the amount specified in the written order. If the written
1314	order is appealed, the Chief Financial Officer may not issue a
1315	warrant for a refund to the qualified target industry business
1316	until the conclusion of all appeals of that order.
1317	(6)  ADMINISTRATION.--
1318	(a)  The office is authorized to verify information
1319	provided in any claim submitted for tax credits under this
1320	section with regard to employment and wage levels or the payment
1321	of the taxes to the appropriate agency or authority, including
1322	the Department of Revenue, the Agency for Workforce Innovation,
1323	or any local government or authority.
1324	(b)  To facilitate the process of monitoring and auditing
1325	applications made under this program, the office may provide a
1326	list of qualified target industry businesses to the Department
1327	of Revenue, to the Agency for Workforce Innovation, or to any
1328	local government or authority. The office may request the
1329	assistance of those entities with respect to monitoring jobs,
1330	wages, and the payment of the taxes listed in subsection (2).
1331	(c)  Funds specifically appropriated for the tax refund
1332	program for qualified target industry businesses may not be used
1333	for any purpose other than the payment of tax refunds authorized
1334	by this section.
1335	(7)  Notwithstanding paragraphs (4)(a) and (5)(c), the
1336	office may approve a waiver of the local financial support
1337	requirement for a business located in any of the following
1338	counties in which businesses received emergency loans
1339	administered by the office in response to the named hurricanes
1340	of 2004: Bay, Brevard, Charlotte, DeSoto, Escambia, Flagler,
1341	Glades, Hardee, Hendry, Highlands, Indian River, Lake, Lee,
1342	Martin, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Polk,
1343	Putnam, Santa Rosa, Seminole, St. Lucie, Volusia, and Walton. A
1344	waiver may be granted only if the office determines that the
1345	local financial support cannot be provided or that doing so
1346	would effect a demonstrable hardship on the unit of local
1347	government providing the local financial support. If the office
1348	grants a waiver of the local financial support requirement, the
1349	state shall pay 100 percent of the refund due to an eligible
1350	business. The waiver shall apply for tax refund applications
1351	made for fiscal years 2004-2005, 2005-2006, and 2006-2007.
1352	(8)  EXPIRATION.--An applicant may not be certified as
1353	qualified under this section after June 30, 2014 2010. A tax
1354	refund agreement existing on that date shall continue in effect
1355	in accordance with its terms.
1356	Section 11.  Subsection (3) and paragraph (f) of subsection
1357	(4) of section 288.107, Florida Statutes, are amended to read:
1358	288.107  Brownfield redevelopment bonus refunds.--
1359	(3)  CRITERIA.--The minimum criteria for participation in
1360	the brownfield redevelopment bonus refund are:
1361	(a)  The creation of at least 10 new full-time permanent
1362	jobs. Such jobs shall not include construction or site
1363	rehabilitation jobs associated with the implementation of a
1364	brownfield site agreement as described in s. 376.80(5).
1365	(b)  The completion of a fixed capital investment of at
1366	least $2 million in mixed-use business activities, including
1367	multiunit housing, commercial, retail, and industrial in
1368	brownfield areas, by an eligible business applying for a refund
1369	under paragraph (2)(b) which provides benefits to its employees.
1370	(c)  That the designation as a brownfield will diversify
1371	and strengthen the economy of the area surrounding the site.
1372	(d)  That the designation as a brownfield will promote
1373	capital investment in the area beyond that contemplated for the
1374	rehabilitation of the site.
1375	(e)  A resolution adopted by the governing board of the
1376	county or municipality in which the project will be located that
1377	recommends that certain types of businesses be approved.
1378	(4)  PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.--
1379	(f)  Applications shall be reviewed and certified pursuant
1380	to s. 288.061. The office shall review all applications
1381	submitted under s. 288.106 or other similar application forms
1382	for other eligible businesses as defined in paragraph (1)(e)
1383	which indicate that the proposed project will be located in a
1384	brownfield and determine, with the assistance of the Department
1385	of Environmental Protection, that the project location is within
1386	a brownfield as provided in this act.
1387	Section 12.  Paragraphs (b) and (c) of subsection (5) and
1388	subsection (7) of section 288.108, Florida Statutes, are amended
1389	to read:
1390	288.108  High-impact business.--
1391	(5)  APPLICATIONS; CERTIFICATION PROCESS; GRANT
1392	AGREEMENT.--
1393	(b)  Applications shall be reviewed and certified pursuant
1394	to s. 288.061. Enterprise Florida, Inc., shall review each
1395	submitted application and inform the applicant business whether
1396	or not its application is complete within 10 working days. Once
1397	the application is deemed complete, Enterprise Florida, Inc.,
1398	has 10 working days within which to evaluate the application and
1399	recommend approval or disapproval of the application to the
1400	director. In recommending an applicant business for approval,
1401	Enterprise Florida, Inc., shall include a recommended grant
1402	award amount in its evaluation forwarded to the office.
1403	(c)  Upon receipt of the evaluation and recommendation of
1404	Enterprise Florida, Inc., the director has 5 working days to
1405	enter a final order that either approves or disapproves an
1406	applicant business as a qualified high-impact business facility,
1407	unless the business requests an extension of the time. The final
1408	order shall specify the total amount of the qualified high-
1409	impact business facility performance grant award, the
1410	performance conditions that must be met to obtain the award, and
1411	the schedule for payment of the performance grant.
1412	(7)  REPORTING.--The office shall by December 1 of each
1413	year issue a complete and detailed report of all designated
1414	high-impact sectors, all applications received and their
1415	disposition, all final orders issued, and all payments made,
1416	including analyses of benefits and costs, types of projects
1417	supported, and employment and investments created. The report
1418	shall be submitted to the Governor, the President of the Senate,
1419	and the Speaker of the House of Representatives.
1420	Section 13.  Paragraphs (a) and (b) of subsection (3) of
1421	section 288.1088, Florida Statutes, are amended to read:
1422	288.1088  Quick Action Closing Fund.--
1423	(3)(a)  Enterprise Florida, Inc., shall review applications
1424	pursuant to s. 288.061(1) and determine eligibility of each
1425	project consistent with the criteria in subsection (2).
1426	Enterprise Florida, Inc., in consultation with the Office of
1427	Tourism, Trade, and Economic Development, may waive these
1428	criteria based on extraordinary circumstances or in rural areas
1429	of critical economic concern if the project would significantly
1430	benefit the local or regional economy. Enterprise Florida, Inc.,
1431	shall evaluate individual proposals for high-impact business
1432	facilities and forward recommendations regarding the use of
1433	moneys in the fund for such facilities to the director of the
1434	Office of Tourism, Trade, and Economic Development. Such
1435	evaluation and recommendation must include, but need not be
1436	limited to:
1437	1.  A description of the type of facility or
1438	infrastructure, its operations, and the associated product or
1439	service associated with the facility.
1440	2.  The number of full-time-equivalent jobs that will be
1441	created by the facility and the total estimated average annual
1442	wages of those jobs or, in the case of privately developed rural
1443	infrastructure, the types of business activities and jobs
1444	stimulated by the investment.
1445	3.  The cumulative amount of investment to be dedicated to
1446	the facility within a specified period.
1447	4.  A statement of any special impacts the facility is
1448	expected to stimulate in a particular business sector in the
1449	state or regional economy or in the state's universities and
1450	community colleges.
1451	5.  A statement of the role the incentive is expected to
1452	play in the decision of the applicant business to locate or
1453	expand in this state or for the private investor to provide
1454	critical rural infrastructure.
1455	6.  A report evaluating the quality and value of the
1456	company submitting a proposal. The report must include:
1457	a.  A financial analysis of the company, including an
1458	evaluation of the company's short-term liquidity ratio as
1459	measured by its assets to liability, the company's profitability
1460	ratio, and the company's long-term solvency as measured by its
1461	debt-to-equity ratio;
1462	b.  The historical market performance of the company;
1463	c.  A review of any independent evaluations of the company;
1464	d.  A review of the latest audit of the company's financial
1465	statement and the related auditor's management letter; and
1466	e.  A review of any other types of audits that are related
1467	to the internal and management controls of the company.
1468	(b)  Upon receipt of the evaluation and recommendation from
1469	Enterprise Florida, Inc., the director shall recommend approval
1470	or disapproval of a project for receipt of funds from the Quick
1471	Action Closing Fund within 35 calendar days to the Governor. In
1472	recommending a project, the director shall include proposed
1473	performance conditions that the project must meet to obtain
1474	incentive funds. The Governor shall provide the evaluation of
1475	projects recommended for approval to the President of the Senate
1476	and the Speaker of the House of Representatives and consult with
1477	the President of the Senate and the Speaker of the House of
1478	Representatives before giving final approval for a project. The
1479	Executive Office of the Governor shall recommend approval of a
1480	project and the release of funds pursuant to the legislative
1481	consultation and review requirements set forth in s. 216.177.
1482	The recommendation must include proposed performance conditions
1483	that the project must meet in order to obtain funds.
1484	Section 14.  Paragraph (f) of subsection (3), paragraph (c)
1485	of subsection (5), and subsections (7), (8), (9), and (10) of
1486	section 288.1089, Florida Statutes, are amended to read:
1487	288.1089  Innovation Incentive Program.--
1488	(3)  To be eligible for consideration for an innovation
1489	incentive award, an innovation business or research and
1490	development entity must submit a written application to
1491	Enterprise Florida, Inc., before making a decision to locate new
1492	operations in this state or expand an existing operation in this
1493	state. The application must include, but not be limited to:
1494	(f)  The number of net new full-time equivalent jobs in
1495	this state the applicant anticipates having created as of
1496	December 31 of each year in the project; and the average annual
1497	wage of such jobs; and the average annual wage of nonmanagement,
1498	nonresearch jobs.
1499	(5)  Enterprise Florida, Inc., shall evaluate proposals for
1500	innovation incentive awards and transmit recommendations for
1501	awards to the office. Such evaluation and recommendation must
1502	include, but need not be limited to:
1503	(c)  The number of full-time equivalent jobs that will be
1504	created by the project, the total estimated average annual wages
1505	of such jobs, the average annual wages of nonmanagement and
1506	nonresearch jobs, and the types of business activities and jobs
1507	likely to be stimulated by the project.
1508	(7)  Upon receipt of the evaluation and recommendation from
1509	Enterprise Florida, Inc., the director shall recommend to the
1510	Governor the approval or disapproval of an award. In
1511	recommending approval of an award, the director shall include
1512	proposed performance conditions that the applicant must meet in
1513	order to obtain incentive funds and any other conditions that
1514	must be met before the receipt of any incentive funds. The
1515	Governor shall consult with the President of the Senate and the
1516	Speaker of the House of Representatives before giving approval
1517	for an award. Upon review and approval of an award by the
1518	Legislative Budget Commission, the Executive Office of the
1519	Governor shall release the funds pursuant to the legislative
1520	consultation and review requirements set forth in s. 216.177.
1521	(8)  After the conditions Upon approval by the Governor and
1522	release of the funds as set forth in subsection (7) have been
1523	met, the director shall issue a letter certifying the applicant
1524	as qualified for an award. The office and the award recipient
1525	applicant shall enter into an agreement that sets forth the
1526	conditions for payment of incentives. The agreement must include
1527	at a minimum:
1528	(a)  The total amount of funds awarded.;
1529	(b)  The performance conditions that must be met to obtain
1530	the award or portions of the award, including, but not limited
1531	to, net new employment in the state, average wage, and total
1532	cumulative investment. Where applicable, the performance
1533	conditions must be at least at the levels specified in this
1534	section for an applicant to qualify for consideration for an
1535	Innovation Incentive Program grant award.;
1536	(c)  Demonstration of a baseline of current service and a
1537	measure of enhanced capability.;
1538	(d)  The methodology for validating performance.;
1539	(e)  The schedule of payments.; and
1540	(f)  Sanctions for failure to meet performance conditions,
1541	including any clawback provisions.
1542	(g)  Requirements for the establishment of internship
1543	programs or other learning opportunities for educators and
1544	secondary, postsecondary, graduate, and doctoral students.
1545	(h)  Requirements for each award recipient to submit
1546	quarterly reports and annual reports related to activities and
1547	performance to the office and to Enterprise Florida, Inc.
1548	(i)  An annual accounting to the office of the expenditure
1549	of funds disbursed under this section.
1550	(j)  A process for amending the agreement.
1551	(9)  Enterprise Florida, Inc., shall assist the office in
1552	validating the performance of an innovation business or research
1553	and development facility that has received an award.
1554	(10)  At the conclusion of the innovation incentive award
1555	agreement, or its earlier termination, Enterprise Florida, Inc.,
1556	shall, within 90 days, report the results of the innovation
1557	incentive award to the Governor, the President of the Senate,
1558	and the Speaker of the House of Representatives.
1559	(11)(10)  Each award recipient shall comply with Enterprise
1560	Florida, Inc., shall develop business ethics standards developed
1561	by Enterprise Florida, Inc., which are based on appropriate best
1562	industry practices which shall be applicable to all award
1563	recipients. The standards shall address ethical duties of
1564	business enterprises, fiduciary responsibilities of management,
1565	and compliance with the laws of this state. Enterprise Florida,
1566	Inc., may collaborate with the State University System in
1567	reviewing and evaluating appropriate business ethics standards.
1568	Such standards shall be provided to the Governor, the President
1569	of the Senate, and the Speaker of the House of Representatives
1570	by December 31, 2006. An award agreement entered into on or
1571	after December 31, 2006, shall require a recipient to comply
1572	with the business ethics standards developed pursuant to this
1573	section.
1574	Section 15.  Subsections (5), (6), and (9) of section
1575	288.1162, Florida Statutes, are amended, and subsections (10),
1576	(11), and (12) are added to that section, to read:
1577	288.1162  Professional sports franchises; spring training
1578	franchises; duties.--
1579	(5)(a)  As used in this section, the term "retained spring
1580	training franchise" means a spring training franchise that has
1581	been based in this state prior to January 1, 2000.
1582	(b)  Prior to certifying an applicant as a "facility for a
1583	retained spring training franchise," the Office of Tourism,
1584	Trade, and Economic Development must determine that:
1585	1.  A "unit of local government" as defined in s. 218.369
1586	is responsible for the acquisition, construction, management, or
1587	operation of the facility for a retained spring training
1588	franchise or holds title to the property on which the facility
1589	for a retained spring training franchise is located.
1590	2.  The applicant has a verified copy of a signed agreement
1591	with a retained spring training franchise for the use of the
1592	facility for a term of at least 15 years.
1593	3.  The applicant has a financial commitment to provide 50
1594	percent or more of the funds required by an agreement for the
1595	acquisition, construction, or renovation of the facility for a
1596	retained spring training franchise. The agreement can be
1597	contingent upon the awarding of funds under this section and
1598	other conditions precedent to use by the spring training
1599	franchise.
1600	4.  The applicant has projections, verified by the Office
1601	of Tourism, Trade, and Economic Development, which demonstrate
1602	that the facility for a retained spring training franchise will
1603	attract a paid attendance of at least 50,000 annually.
1604	5.  The facility for a retained spring training franchise
1605	is located in a county that is levying a tourist development tax
1606	pursuant to s. 125.0104.
1607	(c)1.  The Office of Tourism, Trade, and Economic
1608	Development shall competitively evaluate applications for
1609	funding of a facility for a retained spring training franchise.
1610	The total number of certifications made by the Office of
1611	Tourism, Trade, and Economic Development shall not exceed 10. If
1612	the Office of Tourism, Trade, and Economic Development withdraws
1613	certification for any given facility, the Office of Tourism,
1614	Trade, and Economic Development may accept applications for an
1615	additional certification. A facility or unit of local government
1616	shall not be certified for more than one spring training
1617	franchise at any one time. Applications must be submitted by
1618	October 1, 2000, with certifications to be made by January 1,
1619	2001. If the number of applicants exceeds five and the aggregate
1620	funding request of all applications exceeds $208,335 per month,
1621	the office shall rank the applications according to a selection
1622	criteria, certifying the highest ranked proposals. The
1623	evaluation criteria shall include, with priority given in
1624	descending order to the following items:
1625	1.a.  The intended use of the funds by the applicant for
1626	acquisition of a facility, construction of a new facility, or
1627	renovation of an existing facility, with priority given to the
1628	construction of a new facility.
1629	2.b.  The length of time that the existing franchise has
1630	been located in the state, with priority given to retaining
1631	franchises that have been in the same location the longest.
1632	3.c.  The length of time that a facility to be used by a
1633	retained spring training franchise has been used by one or more
1634	spring training franchises, with priority given to a facility
1635	that has been in continuous use as a facility for spring
1636	training the longest.
1637	4.d.  For those teams leasing a spring training facility
1638	from a unit of local government, the remaining time on the lease
1639	for facilities used by the spring training franchise, with
1640	priority given to the shortest time period remaining on the
1641	lease.
1642	5.e.  The duration of the future-use agreement with the
1643	retained spring training franchise, with priority given to the
1644	future-use agreement having the longest duration.
1645	6.f.  The amount of the local match, with priority given to
1646	the largest percentage of local match proposed.
1647	7.g.  The net increase of total active recreation space
1648	owned by the applying unit of local government following the
1649	acquisition of land for the spring training facility, with
1650	priority given to the largest percentage increase of total
1651	active recreation space.
1652	8.h.  The location of the facility in a brownfield, an
1653	enterprise zone, a community redevelopment area, or other area
1654	of targeted development or revitalization included in an Urban
1655	Infill Redevelopment Plan, with priority given to facilities
1656	located in these areas.
1657	9.i.  The projections on paid attendance attracted by the
1658	facility and the proposed effect on the economy of the local
1659	community, with priority given to the highest projected paid
1660	attendance.
1661	2.  Beginning July 1, 2006, the Office of Tourism, Trade,
1662	and Economic Development shall competitively evaluate
1663	applications for funding of facilities for retained spring
1664	training franchises in addition to those certified and funded
1665	under subparagraph 1. An applicant that is a unit of government
1666	that has an agreement for a retained spring training franchise
1667	for 15 or more years which was entered into between July 1,
1668	2003, and July 1, 2004, shall be eligible for funding.
1669	Applications must be submitted by October 1, 2006, with
1670	certifications to be made by January 1, 2007. The office shall
1671	rank the applications according to selection criteria,
1672	certifying no more than five proposals. The aggregate funding
1673	request of all applicants certified shall not exceed an
1674	aggregate funding request of $208,335 per month. The evaluation
1675	criteria shall include the following, with priority given in
1676	descending order:
1677	a.  The intended use of the funds by the applicant for
1678	acquisition or construction of a new facility.
1679	b.  The intended use of the funds by the applicant to
1680	renovate a facility.
1681	c.  The length of time that a facility to be used by a
1682	retained spring training franchise has been used by one or more
1683	spring training franchises, with priority given to a facility
1684	that has been in continuous use as a facility for spring
1685	training the longest.
1686	d.  For those teams leasing a spring training facility from
1687	a unit of local government, the remaining time on the lease for
1688	facilities used by the spring training franchise, with priority
1689	given to the shortest time period remaining on the lease. For
1690	consideration under this subparagraph, the remaining time on the
1691	lease shall not exceed 5 years, unless an agreement of 15 years
1692	or more was entered into between July 1, 2003, and July 1, 2004.
1693	e.  The duration of the future-use agreement with the
1694	retained spring training franchise, with priority given to the
1695	future-use agreement having the longest duration.
1696	f.  The amount of the local match, with priority given to
1697	the largest percentage of local match proposed.
1698	g.  The net increase of total active recreation space owned
1699	by the applying unit of local government following the
1700	acquisition of land for the spring training facility, with
1701	priority given to the largest percentage increase of total
1702	active recreation space.
1703	h.  The location of the facility in a brownfield area, an
1704	enterprise zone, a community redevelopment area, or another area
1705	of targeted development or revitalization included in an urban
1706	infill redevelopment plan, with priority given to facilities
1707	located in those areas.
1708	i.  The projections on paid attendance attracted by the
1709	facility and the proposed effect on the economy of the local
1710	community, with priority given to the highest projected paid
1711	attendance.
1712	(d)  Funds may not be expended to subsidize privately owned
1713	and maintained facilities for use by the spring training
1714	franchise.
1715	(e)  Funds may be used to relocate a retained spring
1716	training franchise to another unit of local government if
1717	approved by the Office of Tourism, Trade, and Economic
1718	Development upon a review of documentation showing that the
1719	local government currently certified as the host for the
1720	franchise seeking to move no longer meets the criteria for
1721	certification and state funding, and has been decertified
1722	pursuant to subsection (10) only if the existing unit of local
1723	government with the retained spring training franchise agrees to
1724	the relocation.
1725	(6)(a)  An applicant certified as a facility for a new
1726	professional sports franchise or a facility for a retained
1727	professional sports franchise or as a facility for a retained
1728	spring training franchise may use funds provided pursuant to s.
1729	212.20 only for the public purpose of paying for the
1730	acquisition, construction, reconstruction, or renovation of a
1731	facility for a new professional sports franchise, a facility for
1732	a retained professional sports franchise, or a facility for a
1733	retained spring training franchise or to pay or pledge for the
1734	payment of debt service on, or to fund debt service reserve
1735	funds, arbitrage rebate obligations, or other amounts payable
1736	with respect to, bonds issued for the acquisition, construction,
1737	reconstruction, or renovation of such facility or for the
1738	reimbursement of such costs or the refinancing of bonds issued
1739	for such purposes.
1740	(b)  Beginning September 1, 2008, and every year
1741	thereafter, each local governmental entity certified to receive
1742	funding for a facility for a retained spring training franchise
1743	shall submit to the Office of Tourism, Trade, and Economic
1744	Development a report that includes, but is not limited to, a
1745	copy of its most recent annual audit; a detailed report on all
1746	local and state funds expended to date on the project being
1747	financed pursuant to this section; a copy of the contract
1748	between the certified local governmental entity and the spring
1749	training team; and evidence that the certified applicant
1750	continues to meet the criteria in paragraph (5)(b).
1751	(9)  An applicant is not qualified for certification under
1752	this section if the franchise formed the basis for a previous
1753	certification, unless the previous certification was withdrawn
1754	by the facility or invalidated by the Office of Tourism, Trade,
1755	and Economic Development or the Department of Commerce before
1756	any funds were distributed pursuant to s. 212.20 or has been
1757	decertified pursuant to subsection (10). This subsection does
1758	not disqualify an applicant if the previous certification
1759	occurred between May 23, 1993, and May 25, 1993; however, any
1760	funds to be distributed pursuant to s. 212.20 for the second
1761	certification shall be offset by the amount distributed to the
1762	previous certified facility. Distribution of funds for the
1763	second certification shall not be made until all amounts payable
1764	for the first certification have been distributed.
1765	(10)(a)  The Office of Tourism, Trade, and Economic
1766	Development may decertify an applicant upon receipt of
1767	information that the applicant no longer meets or satisfies the
1768	criteria in paragraph (5)(b) or upon request of the local
1769	government. The local government opposing a decertification
1770	shall have 60 days to demonstrate to the office that the
1771	information is incorrect, prior to the decertification becoming
1772	official. The Office of Tourism, Trade, and Economic Development
1773	shall notify the Department of Revenue within 10 days after the
1774	decertification.
1775	(b)  The Office of Tourism, Trade, and Economic Development
1776	shall order a decertified applicant to repay the total amount of
1777	unencumbered state funds received by the applicant and any
1778	interest earnings on those funds. These funds and their interest
1779	earnings shall be deposited in the General Revenue Fund.
1780	(11)  For the purpose of retaining the tradition of spring
1781	training baseball in this state, by December 31, 2008, the
1782	Office of Tourism, Trade, and Economic Development shall develop
1783	a comprehensive strategic plan related to the following:
1784	(a)  Financing of spring training facilities.
1785	(b)  Certification and decertification processes, including
1786	development of the contract or funding agreement to be signed by
1787	the office and local governments, including local governments
1788	currently certified.
1789	(c)  Clawback of state funds from decertified local
1790	governments.
1791	(d)  Monitoring and oversight of the state funds awarded to
1792	applicants.
1793	(e)  Identification of the financial impact spring training
1794	has on the state.
1795	(e)  Identification of efforts made by other states to
1796	develop or grow their baseball spring training efforts and the
1797	effect of those efforts on this state's relationship with
1798	professional baseball.
1799	(f)  Legislative recommendations on how to sustain or
1800	improve this state's spring training tradition.
1801	(g)  Recommendations for the role and responsibilities for
1802	a Florida Commissioner of Baseball.
1803	A copy of the strategic plan shall be submitted to the Governor,
1804	the President of the Senate, and the Speaker of the House of
1805	Representatives.
1806	(12)  The Office of Tourism, Trade, and Economic
1807	Development may adopt rules pursuant to ss. 120.536(1) and
1808	120.54 to administer this section.
1809	Section 16.  Subsection (8) is added to section 288.1254,
1810	Florida Statutes, to read:
1811	288.1254  Entertainment industry financial incentive
1812	program.--
1813	(8)  REVERSION OF FUNDS; USE FOR FILM OR ARTS
1814	FESTIVALS.--Notwithstanding any provision of s. 216.301 to the
1815	contrary, funds appropriated for the purposes of implementing
1816	this section shall not revert until the end of the second fiscal
1817	year of the appropriation. Of funds appropriated in fiscal year
1818	2008-2009, $1.5 million shall be used for international cultural
1819	festival planning and programming that generates significant
1820	regional or statewide return on investment and uses existing
1821	state-owned cultural facilities.
1822	Section 17.  Section 288.7102, Florida Statutes, is amended
1823	to read:
1824	288.7102  Black Business Loan Program.--
1825	(1)  The Black Business Loan Program is established in the
1826	Office of Tourism, Trade, and Economic Development. Under the
1827	program, the office shall annually certify eligible recipients
1828	and subsequently disburse funds appropriated by the Legislature,
1829	through such eligible recipients, to black business enterprises
1830	that cannot obtain capital through conventional lending
1831	institutions but that could otherwise compete successfully in
1832	the private sector.
1833	(2)(1)  The office shall establish an a uniform, open, and
1834	competitive application and annual certification process for
1835	entities seeking eligible recipients who seek funds to
1836	participate in providing provide loans, loan guarantees, or
1837	investments in black business enterprises pursuant to the
1838	Florida Black Business Investment Act. The board shall receive
1839	the applications and make recommendations for certification to
1840	the office. The office shall processes all applications and
1841	recertifications submitted by July 1 on or before September 30.
1842	(3)(2)  If the Black Business Loan Program is appropriated
1843	any funding in a fiscal year, the office shall distribute an
1844	equal amount of the appropriation, calculated as the total
1845	annual appropriation divided by the total number of the program
1846	recipients certified on or before September 30 of that fiscal
1847	year The office, in consultation with the board, shall develop
1848	an allocation policy to ensure that services provided under ss.
1849	288.707-288.714 for the benefit of black business enterprises
1850	are disbursed equitably throughout the state. The board shall
1851	facilitate the formation of black business investment
1852	corporations in communities that are not served by such
1853	corporations.
1854	(4)(3)  To be eligible to receive funds and provide loans,
1855	loan guarantees, or investments under this section, a recipient
1856	must:
1857	(a)  Be a corporation registered in the state.
1858	(b)  Demonstrate that its board of directors includes
1859	citizens of the state experienced in the development of black
1860	business enterprises.
1861	(c)  Demonstrate that the recipient has a business plan
1862	that allows the recipient to operate in a manner consistent with
1863	ss. 288.707-288.714 and the rules of the office.
1864	(d)  Demonstrate that the recipient has the technical
1865	skills to analyze and evaluate applications by black business
1866	enterprises for loans, loan guarantees, or investments.
1867	(e)  Demonstrate that the recipient has established viable
1868	partnerships with public and private funding sources, economic
1869	development agencies, and workforce development and job referral
1870	networks.
1871	(f)  Demonstrate that the recipient can provide a private
1872	match equal to 20 percent of the amount of funds provided by the
1873	office.
1874	(g)  Agree to maintain the recipient's books and records
1875	relating to funds received by the office according to generally
1876	accepted accounting principles and in accordance with the
1877	requirements of s. 215.97(7) and to make those books and records
1878	available to the office for inspection upon reasonable notice.
1879	(5)(4)  The board shall annually recommend to the office
1880	certification of each eligible recipient, who must meet the
1881	provisions of ss. 288.707-288.714, the terms of the contract
1882	between the recipient and the office, and any other applicable
1883	state or federal laws. An entity may not receive funds under ss.
1884	288.707-288.714 unless the entity meets annual certification
1885	requirements.
1886	(6)(5)  Upon approval by the office and prior to release of
1887	the funds as provided in this section, the office shall issue a
1888	letter certifying the applicant as qualified for an award. The
1889	office and the applicant shall enter into an agreement that sets
1890	forth the conditions for award of the funds. The agreement must
1891	include the total amount of funds awarded; the performance
1892	conditions that must be met once the funding has been awarded,
1893	including, but not limited to, compliance with all of the
1894	requirements of this section for eligible recipients of funds
1895	under this section; and sanctions for failure to meet
1896	performance conditions, including any provisions to recover
1897	awards.
1898	(7)(6)(a)  The office, in consultation with the board,
1899	shall adopt rules pursuant to ss. 120.536(1) and 120.54 to
1900	implement this section.
1901	(b)  The board shall adopt policies and procedures
1902	necessary to implement this section.
1903	(8)(7)  A black business investment corporation certified
1904	by the office as an eligible recipient under this section is
1905	authorized to use funds appropriated for the Black Business Loan
1906	Program in any of the following forms:
1907	(a)  Purchases of stock, preferred or common, voting or
1908	nonvoting; however, no more than 40 percent of the funds may be
1909	used for direct investments in black business enterprises;
1910	(b)  Loans or loan guarantees, with or without recourse, in
1911	either a subordinated or priority position; or
1912	(c)  Technical support to black business enterprises, not
1913	to exceed 7 percent of the funds received, and direct
1914	administrative costs, not to exceed 10 percent of the funds
1915	received.
1916	(9)(8)  It is the intent of the Legislature that if any one
1917	type of investment mechanism authorized in subsection (8) (7) is
1918	held to be invalid, all other valid mechanisms remain available.
1919	(10)(9)  All loans, loan guarantees, and investments, and
1920	any income related thereto, shall be used to carry out the
1921	public purpose of ss. 288.707-288.714, which is to develop black
1922	business enterprises. This subsection does not preclude a
1923	reasonable profit for the participating black business
1924	investment corporation or for return of equity developed to the
1925	state and participating financial institutions upon any
1926	distribution of the assets or excess income of the investment
1927	corporation.
1928	Section 18.  Section 288.955, Florida Statutes, is amended
1929	to read:
1930	288.955  Scripps Florida Funding Corporation.--
1931	(1)  DEFINITIONS.--As used in this section, the term:
1932	(a)  "Agreement" means an agreement between the Office of
1933	Tourism, Trade, and Economic Development and recipients of
1934	Innovation Incentive Program grants pursuant to s. 288.1089.
1935	(b)(a)  "Contract" means the contract executed between the
1936	corporation and the grantee under this section.
1937	(c)(b)  "Corporation" means the Scripps Florida Funding
1938	Corporation created under this section.
1939	(d)(c)  "Grantee" means The Scripps Research Institute, a
1940	not-for-profit public benefit corporation, or a division,
1941	subsidiary, affiliate, or entity formed by The Scripps Research
1942	Institute to establish a state-of-the-art biomedical research
1943	institution and campus in this state.
1944	(2)  CREATION.--
1945	(a)  There is created a not-for-profit corporation known as
1946	the Scripps Florida Funding Corporation, which shall be
1947	registered, incorporated, organized, and operated under chapter
1948	617.
1949	(b)  The corporation is not a unit or entity of state
1950	government. However, the corporation is subject to the
1951	provisions of s. 24, Art. I of the State Constitution and
1952	chapter 119, relating to public meetings and records, and the
1953	provisions of chapter 286 relating to public meetings and
1954	records.
1955	(c)  The corporation must establish at least one corporate
1956	office in this state and appoint a registered agent.
1957	(d)  The corporation shall hire or contract for all staff
1958	necessary to the proper execution of its powers and duties
1959	within the funds appropriated to implement this section and
1960	shall require that all officers, directors, and employees of the
1961	corporation comply with the code of ethics for public officers
1962	and employees under part III of chapter 112. In no case may the
1963	corporation expend more than $300,000 in the first year and
1964	$200,000 per year thereafter for staffing and necessary
1965	administrative expenditures, including, but not limited to,
1966	travel and per diem and audit expenditures, using funds
1967	appropriated to implement this section.
1968	(e)  The Office of Tourism, Trade, and Economic Development
1969	shall provide administrative support to the corporation as
1970	requested by the corporation. In the event of the dissolution of
1971	the corporation, the office shall be the corporation's successor
1972	in interest and shall assume all rights, duties, and obligations
1973	of the corporation under any contract to which the corporation
1974	is then a party and under law.
1975	(3)  PURPOSES PURPOSE.--
1976	(a)  The corporation shall be organized to receive, hold,
1977	invest, administer, and disburse funds appropriated by the
1978	Legislature for the establishment and operation of a state-of-
1979	the-art biomedical research institution and campus in this state
1980	by The Scripps Research Institute. The corporation shall
1981	safeguard the state's commitment of financial support by
1982	ensuring that, as a condition for the receipt of these funds,
1983	the grantee meets its contractual obligations. In this manner,
1984	the corporation shall facilitate and oversee the state goal and
1985	public purpose of providing financial support for the
1986	institution and campus in order to expand the amount and
1987	prominence of biomedical research conducted in this state,
1988	provide an inducement for high-technology businesses to locate
1989	in this state, create educational opportunities through access
1990	to and partnerships with the institution, and promote improved
1991	health care through the scientific outcomes of the institution.
1992	(b)  The corporation also shall serve in an oversight
1993	capacity for the Innovation Incentive Program created in s.
1994	288.1089. In that capacity, the corporation shall enter into a
1995	partnership with the Office of Tourism, Trade, and Economic
1996	Development and Enterprise Florida, Inc., in reviewing the
1997	performance and progress of grant recipients of the Innovation
1998	Incentive Program.
1999	(4)  BOARD; MEMBERSHIP.--The corporation shall be governed
2000	by a board of directors.
2001	(a)  The board of directors shall consist of nine voting
2002	members, of whom the Governor shall appoint three, the President
2003	of the Senate shall appoint three, and the Speaker of the House
2004	of Representatives shall appoint three. The director of the
2005	Office of Tourism, Trade, and Economic Development or the
2006	director's designee shall serve as an ex-officio, nonvoting
2007	member of the board of directors.
2008	(b)  Each member of the board of directors shall serve for
2009	a term of 4 years, and except that initially the Governor, the
2010	President of the Senate, and the Speaker of the House of
2011	Representatives each shall appoint one member for a term of 1
2012	year, one member for a term of 2 years, and one member for a
2013	term of 4 years to achieve staggered terms among the members of
2014	the board. a member is not eligible for reappointment to the
2015	board, except, however, that a member appointed to an initial
2016	term of 1 year or 2 years may be reappointed for an additional
2017	term of 4 years, and a person appointed to fill a vacancy with 2
2018	years or less remaining on the term may be reappointed for an
2019	additional term of 4 years. The Governor, the President of the
2020	Senate, and the Speaker of the House of Representatives shall
2021	make their initial appointments to the board by November 15,
2022	2003.
2023	(c)  The Governor, the President of the Senate, or the
2024	Speaker of the House of Representatives, respectively, shall
2025	fill a vacancy on the board of directors, according to who
2026	appointed the member whose vacancy is to be filled or whose term
2027	has expired. A vacancy that occurs before the scheduled
2028	expiration of the term of the member shall be filled for the
2029	remainder of the unexpired term.
2030	(d)  Each member of the board of directors who is not
2031	otherwise required to file financial disclosure under s. 8, Art.
2032	II of the State Constitution or s. 112.3144 shall file
2033	disclosure of financial interests under s. 112.3145.
2034	(e)  A person may not be appointed to the board of
2035	directors if he or she has had any direct interest in any
2036	contract, franchise, privilege, or other benefit granted by The
2037	Scripps Research Institute or any of its affiliate
2038	organizations, or with any grant recipients of the Innovation
2039	Incentive Program, within 5 years before appointment. A person
2040	appointed to the board of directors must agree to refrain from
2041	having any direct interest in any contract, franchise,
2042	privilege, or other benefit granted by The Scripps Research
2043	Institute or any of its affiliate organizations, or with any
2044	grant recipients of the Innovation Incentive Program, during the
2045	term of his or her appointment and for 5 years after the
2046	termination of such appointment. It is a misdemeanor of the
2047	first degree, punishable as provided in s. 775.083 or s.
2048	775.084, for a person to accept appointment to the board of
2049	directors in violation of this paragraph or to accept a direct
2050	interest in any contract, franchise, privilege, or other benefit
2051	granted by the institution or affiliate within 5 years after the
2052	termination of his or her service on the board.
2053	(f)  Each member of the board of directors shall serve
2054	without compensation, but shall receive travel and per diem
2055	expenses as provided in s. 112.061 while in the performance of
2056	his or her duties.
2057	(g)  Each member of the board of directors is accountable
2058	for the proper performance of the duties of office, and each
2059	member owes a fiduciary duty to the people of the state to
2060	ensure that funds provided in furtherance of this section are
2061	disbursed and used as prescribed by law and contract. The
2062	Governor, the President of the Senate, or the Speaker of the
2063	House of Representatives, according to which officer appointed
2064	the member, may remove a member for malfeasance, misfeasance,
2065	neglect of duty, incompetence, permanent inability to perform
2066	official duties, unexcused absence from three consecutive
2067	meetings of the board, arrest or indictment for a crime that is
2068	a felony or a misdemeanor involving theft or a crime of
2069	dishonesty, or pleading nolo contendere to, or being found
2070	guilty of, any crime.
2071	(5)  ORGANIZATION; MEETINGS.--
2072	(a)1.  The board of directors shall annually elect a
2073	chairperson and a vice chairperson from among the board's
2074	members. The members may, by a vote of five of the nine board
2075	members, remove a member from the position of chairperson or
2076	vice chairperson prior to the expiration of his or her term as
2077	chairperson or vice chairperson. His or her successor shall be
2078	elected to serve for the balance of the removed chairperson's or
2079	vice chairperson's term.
2080	2.  The chairperson is responsible to ensure that records
2081	are kept of the proceedings of the board of directors and is the
2082	custodian of all books, documents, and papers filed with the
2083	board; the minutes of meetings of the board; and the official
2084	seal of the corporation.
2085	(b)1.  The board of directors shall meet upon the call of
2086	the chairperson or at the request of a majority of the members,
2087	but no less than three times per calendar year.
2088	2.  A majority of the voting members of the board of
2089	directors constitutes a quorum. Except as otherwise provided in
2090	this section, the board may take official action by a majority
2091	vote of the members present at any meeting at which a quorum is
2092	present. Members may not vote by proxy.
2093	3.  A member of the board may participate in a meeting of
2094	the board by telephone or videoconference through which each
2095	member may hear every other member.
2096	(c)  The corporation may include on the same meeting agenda
2097	matters related to The Scripps Research Institute and the
2098	Innovation Incentive Program.
2099	(6)  POWERS AND DUTIES.--
2100	(a)  The corporation is organized to receive, hold, invest,
2101	administer, and disburse funds appropriated by the Legislature
2102	in support of The Scripps Research Institute this section and to
2103	disburse any income generated from the investment of these funds
2104	consistent with the purpose and provisions of this section. In
2105	addition to the powers and duties prescribed in chapter 617 and
2106	the articles and bylaws adopted under that chapter, the
2107	corporation:
2108	1.(a)  May make and enter into contracts and assume any
2109	other functions that are necessary to carry out the provisions
2110	of this section related to The Scripps Research Institute.
2111	2.(b)  May enter into leases and contracts for the purchase
2112	of real property and hold notes, mortgages, guarantees, or
2113	security agreements to secure the performance of obligations of
2114	the grantee under the contract.
2115	3.(c)  May perform all acts and things necessary or
2116	convenient to carry out the powers expressly granted in this
2117	section and in the a contract entered into between the
2118	corporation and the grantee.
2119	4.(d)  May make expenditures, from funds provided by this
2120	state, including any necessary administrative expenditures
2121	consistent with its powers.
2122	(e)  May indemnify, and purchase and maintain insurance on
2123	behalf of, directors, officers, and employees of the corporation
2124	against any personal liability or accountability.
2125	5.(f)  Shall disburse funds pursuant to the provisions of
2126	this section and a contract entered into between the corporation
2127	and the grantee.
2128	6.(g)  Shall receive and review reports and financial
2129	documentation provided by the grantee to ensure compliance with
2130	the provisions of this section and provisions of the contract.
2131	7.(h)  Shall prepare an annual report as prescribed in
2132	subsection (14).
2133	(b)  The corporation also is directed to:
2134	1.  Review the business plans, quarterly reports, annual
2135	reports, and audit reports of entities that have received a
2136	grant from the Innovation Incentive Program pursuant to s.
2137	288.1089.
2138	2.  Invite all Innovation Incentive Program grant
2139	recipients to appear at its meetings to present progress reports
2140	on their activities.
2141	3.  Prepare an annual report as required in subsection
2142	(15).
2143	(c)  The corporation may indemnify, purchase, and maintain
2144	insurance on behalf of its directors, officers, and employees
2145	against any personal liability or accountability.
2146	(d)  The corporation may otherwise perform all acts and
2147	things necessary or convenient to carry out the powers expressly
2148	granted in this section.
2149	(7)  INVESTMENT OF FUNDS.--The corporation must enter into
2150	an agreement with the State Board of Administration under which
2151	funds received by the corporation from the Office of Tourism,
2152	Trade, and Economic Development which are not disbursed to the
2153	grantee shall be invested by the State Board of Administration
2154	on behalf of the corporation. Funds shall be invested in
2155	suitable instruments authorized under s. 215.47 and specified in
2156	investment guidelines established and agreed to by the State
2157	Board of Administration and the corporation.
2158	(8)  CONTRACT.--
2159	(a)  The 20-year contract negotiated and executed by the
2160	corporation with the grantee By January 30, 2004, the
2161	corporation shall negotiate and execute a contract with the
2162	grantee for a term of 20 years. Such contract shall govern the
2163	disbursement and use of funds under this section. The board may,
2164	by a simple majority vote, authorize one 45-day extension of
2165	this deadline. The corporation may not execute the contract
2166	unless the contract is approved by the affirmative vote of at
2167	least seven of the nine members of the board of directors. At
2168	least 14 days before execution of the contract, The Scripps
2169	Research Institute must submit to the board, the Governor, the
2170	President of the Senate, and the Speaker of the House of
2171	Representatives an organizational plan, in a form and manner
2172	prescribed by the board, for the establishment of a state-of-
2173	the-art biomedical research institution and campus in this
2174	state, and the board must submit a copy of the proposed contract
2175	to the Governor, the President of the Senate, and the Speaker of
2176	the House of Representatives.
2177	(b)  The contract, at a minimum, must contain provisions:
2178	1.  Specifying the procedures and schedules that govern the
2179	disbursement of funds under this section and specifying the
2180	conditions or deliverables that the grantee must satisfy before
2181	the release of each disbursement.
2182	2.  Requiring the grantee to submit to the corporation a
2183	business plan in a form and manner prescribed by the
2184	corporation.
2185	3.  Prohibiting The Scripps Research Institute or the
2186	grantee from establishing other biomedical science or research
2187	facilities in any state other than this state or California for
2188	a period of 12 years from the commencement of the contract.
2189	Nothing in this subparagraph shall prohibit the grantee from
2190	establishing or engaging in normal collaborative activities with
2191	other organizations.
2192	4.  Governing the ownership of or security interests in
2193	real property and personal property, including, but not limited
2194	to, research equipment, obtained through the financial support
2195	of state or local government, including a provision that in the
2196	event of a breach of the contract or in the event the grantee
2197	ceases operations in this state, such property purchased with
2198	state funds shall revert to the state and such property
2199	purchased with local funds shall revert to the local governing
2200	authority.
2201	5.  Requiring the grantee to be an equal opportunity
2202	employer.
2203	6.  Requiring the grantee to maintain a policy of awarding
2204	preference in employment to residents of this state, as defined
2205	by law, except for professional scientific staff positions
2206	requiring a doctoral degree, postdoctoral training positions,
2207	and graduate student positions.
2208	7.  Requiring the grantee to maintain a policy of making
2209	purchases from vendors in this state, to the extent it is cost-
2210	effective and scientifically sound.
2211	8.  Requiring the grantee to use the Internet-based job-
2212	listing system of the Agency for Workforce Innovation in
2213	advertising employment opportunities.
2214	9.  Requiring the grantee to establish accredited science
2215	degree programs.
2216	10.  Requiring the grantee to establish internship programs
2217	to create learning opportunities for educators and secondary,
2218	postsecondary, graduate, and doctoral students.
2219	11.  Requiring the grantee to submit data to the
2220	corporation on the activities and performance during each fiscal
2221	year and to provide to the corporation an annual accounting of
2222	the expenditure of funds disbursed under this section.
2223	12.  Establishing that the corporation shall review the
2224	activities of the grantee to assess the grantee's financial and
2225	operational compliance with the provisions of the contract and
2226	with relevant provisions of law.
2227	13.  Authorizing the grantee, when feasible, to use
2228	information submitted by it to the Federal Government or to
2229	other organizations awarding research grants to the grantee to
2230	help meet reporting requirements imposed under this section or
2231	the contract, if the information satisfies the reporting
2232	standards of this section and the contract.
2233	14.  Unless amended pursuant to the force majeure
2234	provisions in subsection (18), requiring the grantee during the
2235	first 7 years of the contract to create 545 positions and to
2236	acquire associated research equipment for the grantee's facility
2237	in this state, and pay for related maintenance of the equipment,
2238	in a total amount of not less than $45 million.
2239	15.  Requiring the grantee to progress in the creation of
2240	the total number of jobs prescribed in subparagraph 14. on the
2241	following schedule: At least 38 positions in the 1st year, 168
2242	positions in the 2nd year, 280 positions in the 3rd year, 367
2243	positions in the 4th year, 436 positions in the 5th year, 500
2244	positions in the 6th year, and 545 positions in the 7th year.
2245	The corporation's board of directors may allow the grantee to
2246	deviate downward from such employee levels by 25 percent in any
2247	year, to allow the grantee flexibility in achieving the
2248	objectives set forth in the business plan provided to the
2249	corporation; however, the grantee must have no fewer than 545
2250	positions by the end of the 7th year.
2251	16.  Requiring the grantee to allow the corporation to
2252	retain an independent certified public accountant licensed in
2253	this state pursuant to chapter 473 to inspect the records of the
2254	grantee in order to audit the expenditure of funds disbursed to
2255	the grantee. The independent certified public accountant shall
2256	not disclose any confidential or proprietary scientific
2257	information of the grantee.
2258	17.  Requiring the grantee to purchase liability insurance
2259	and governing the coverage level of such insurance.
2260	(b)(c)  An amendment to the contract is not effective
2261	unless it is approved by the affirmative vote of at least seven
2262	of the nine members of the board of directors.
2263	(9)  PERFORMANCE EXPECTATIONS FOR THE SCRIPPS RESEARCH
2264	INSTITUTE.--In addition to the provisions prescribed in
2265	subsection (8), the contract between the corporation and the
2266	grantee shall include a provision that the grantee, in
2267	cooperation with the Office of Tourism, Trade, and Economic
2268	Development, shall report to the corporation on an annual basis
2269	certain performance expectations that reflect the aspirations of
2270	the Governor and the Legislature for the benefits accruing to
2271	this state as a result of the funds appropriated pursuant to
2272	this section. These shall include, but are not limited to,
2273	performance expectations addressing:
2274	(a)  The number and dollar value of research grants
2275	obtained from the Federal Government or sources other than this
2276	state.
2277	(b)  The percentage of total research dollars received by
2278	The Scripps Research Institute from sources other than this
2279	state which is used to conduct research activities by the
2280	grantee in this state.
2281	(c)  The number or value of patents obtained by the
2282	grantee.
2283	(d)  The number or value of licensing agreements executed
2284	by the grantee.
2285	(e)  The extent to which research conducted by the grantee
2286	results in commercial applications.
2287	(f)  The number of collaborative agreements reached and
2288	maintained with colleges and universities in this state and with
2289	research institutions in this state, including agreements that
2290	foster participation in research opportunities by public and
2291	private colleges and universities and research institutions in
2292	this state with significant minority populations, including
2293	historically black colleges and universities.
2294	(g)  The number of collaborative partnerships established
2295	and maintained with businesses in this state.
2296	(h)  The total amount of funding received by the grantee
2297	from sources other than the State of Florida.
2298	(i)  The number or value of spin-off businesses created in
2299	this state as a result of commercialization of the research of
2300	the grantee.
2301	(j)  The number or value of businesses recruited to this
2302	state by the grantee.
2303	(k)  The establishment and implementation of policies to
2304	promote supplier diversity using the guidelines developed by the
2305	Office of Supplier Diversity under s. 287.09451 and to comply
2306	with the ordinances, including any small business ordinances,
2307	enacted by the county and which are applicable to the biomedical
2308	research institution and campus located in this state.
2309	(l)  The designation by the grantee of a representative to
2310	coordinate with the Office of Supplier Diversity.
2311	(m)  The establishment and implementation of a program to
2312	conduct workforce recruitment activities at public and private
2313	colleges and universities and community colleges in this state
2314	which request the participation of the grantee.
2315
2316	The contract shall require the grantee to provide information to
2317	the corporation on the progress in meeting these performance
2318	expectations on an annual basis. It is the intent of the
2319	Legislature that, in fulfilling its obligation to work with
2320	Florida's public and private colleges and universities, The
2321	Scripps Research Institute's Florida facility work with such
2322	colleges and universities regardless of size.
2323	(10)  DISBURSEMENT CONDITIONS.--In addition to the
2324	provisions prescribed in subsection (8), the contract between
2325	the corporation and the grantee shall include disbursement
2326	conditions that must be satisfied by the grantee as a condition
2327	for the continued disbursement of funds under this section.
2328	These disbursement conditions shall be negotiated between the
2329	corporation and the grantee and shall not be designed to impede
2330	the ability of the grantee to attain full operational status.
2331	The disbursement conditions may be appropriately varied as to
2332	timeframes, numbers, values, and percentages. The disbursement
2333	conditions shall include, but are not limited to, the following
2334	areas:
2335	(a)  Demonstrate creation of jobs and report on the average
2336	salaries paid.
2337	(b)  Beginning 18 months after the grantee's occupancy of
2338	its permanent facility, the grantee shall annually obtain
2339	$100,000 of nonstate funding for each full-time equivalent
2340	tenured-track faculty member employed at the grantee's Florida
2341	facility.
2342	(c)  No later than 3 years after the grantee's occupancy of
2343	its permanent facility, the grantee shall apply to the relevant
2344	accrediting agency for accreditation of its Florida graduate
2345	program.
2346	(d)  The grantee shall purchase equipment for its Florida
2347	facility as scheduled in its contract with the corporation.
2348	(e)  No later than 18 months after occupying its permanent
2349	facility, the grantee shall establish a program for qualified
2350	graduate students from Florida universities permitting them
2351	access to the facility for doctoral, thesis-related research.
2352	(f)  No later than 18 months after occupancy of the
2353	permanent facility, the grantee shall establish a summer
2354	internship for high school students.
2355	(g)  No later than 3 years after occupancy of the permanent
2356	facility, the grantee shall establish a research program for
2357	middle and high school teachers.
2358	(h)  No later than 18 months after occupancy of the
2359	permanent facility, the grantee shall establish a program for
2360	adjunct professors.
2361	(i)  No later than 6 months after commissioning its high
2362	throughput technology, the grantee shall establish a program to
2363	allow open access for qualified science projects.
2364	(j)  Beginning June 2004, The grantee shall collaborate
2365	commence collaborative efforts with Florida public and private
2366	colleges and universities, and shall continue cooperative
2367	collaboration through the term of the agreement.
2368	(k)  Beginning 18 months after the grantee occupies the
2369	permanent facility, the grantee shall establish an annual
2370	seminar series featuring a review of the science work done by
2371	the grantee and its collaborators at the Florida facility.
2372	(l)  Beginning June 2004, The grantee shall collaborate
2373	commence collaboration efforts with the Office of Tourism,
2374	Trade, and Economic Development by complying with reasonable
2375	requests for cooperation in economic development efforts in the
2376	biomed/biotech industry. No later than July 2004, The grantee
2377	shall also designate a person who shall be charged with
2378	assisting in these collaborative efforts.
2379	(11)  DISBURSEMENTS TO THE SCRIPPS RESEARCH INSTUTUTE.--
2380	(a)  The corporation shall disburse funds to the grantee
2381	over a period of 7 calendar years starting in the calendar year
2382	beginning January 1, 2004, under the terms and conditions of the
2383	contract. The corporation shall complete disbursement of the
2384	total amount of funds payable to the grantee under the contract
2385	no later than December 31, 2010, unless the grantee fails to
2386	satisfy the terms and conditions of the contract. Any funds of
2387	the corporation that are not disbursed by December 31, 2010,
2388	shall be paid to the Biomedical Research Trust Fund of the
2389	Department of Health.
2390	(b)  The contract shall provide for a reduction or
2391	elimination of funding in any year if:
2392	1.  The grantee is no longer operating in this state;
2393	2.  The grantee has failed to commit in writing to maintain
2394	operations in the state for the succeeding year; or
2395	3.  The grantee commits a material default or breach of the
2396	contract, as defined and governed by the contract. Determination
2397	of material default or breach of contract shall require the
2398	affirmative vote of at least seven of the nine members of the
2399	board.
2400	(c)  Each disbursement by the corporation to the grantee
2401	under this section is conditioned upon the affirmative approval
2402	of at least five of the nine members of the board of directors
2403	and upon demonstration by the grantee that it has met the
2404	particular contractual deliverables that are the basis for that
2405	disbursement.
2406	(12)  USE OF FUNDS.--
2407	(a)  Funds appropriated in furtherance of this section may
2408	not be disbursed or expended for activities that do not
2409	principally benefit or that are not directly related to the
2410	establishment or operation of the grantee in this state, except
2411	upon approval of the affirmative vote of at least seven of the
2412	nine members of the board of directors.
2413	(b)  No Funds appropriated in furtherance of this section
2414	may not be used for the purpose of lobbying any branch or agency
2415	of state government or any political subdivision of the state.
2416	(c)  The grantee must provide for separate accounts for any
2417	funds appropriated in furtherance of this section and separate
2418	books and records relating to The Scripps Research Institute's
2419	Florida operation.
2420	(13)  REINVESTMENT.--
2421	(a)  The grantee shall reinvest 15 percent of the net
2422	royalty revenues, including the revenues from the sale of stock,
2423	received by The Scripps Research Institute from the licensing or
2424	transfer of inventions, methods, processes, and other patentable
2425	discoveries conceived or reduced to practice using the grantee's
2426	Florida facilities or Florida employees, in whole or in part,
2427	and to which the grantee becomes entitled during the 20 years
2428	following the effective date of the contract between the
2429	corporation and the grantee. For purposes of this paragraph, the
2430	term "net royalty revenues" means all royalty revenues less the
2431	cost of obtaining, maintaining, and enforcing related patent and
2432	intellectual property rights, both foreign and domestic.
2433	Reinvestment payments under this paragraph shall commence no
2434	later than 6 months after the grantee has received the final
2435	disbursement under the contract and shall continue until the
2436	maximum reinvestment has been paid.
2437	(b)  The grantee shall reinvest 15 percent of the gross
2438	revenues it receives from naming opportunities associated with
2439	any facility it builds in this state. For purposes of this
2440	section, the term "naming opportunities" includes charitable
2441	donations from any person or entity in consideration for the
2442	right to have all or a portion of the facility named for or in
2443	the memory of any person, living or dead, or for any entity. The
2444	obligation to make reinvestment payments under this section
2445	shall commence upon the execution of the contract between the
2446	corporation and the grantee.
2447
2448	All reinvestment payments made pursuant to this section shall be
2449	remitted to the state for deposit in the Biomedical Research
2450	Trust Fund or, if such fund has ceased to exist, in another
2451	trust fund that supports biomedical research, as determined by
2452	law. The maximum reinvestment required of the grantee pursuant
2453	to this subsection shall not exceed $200 million. At such time
2454	as the reinvestment payments equal $155 million or the contract
2455	expires, whichever is earlier, the board of the corporation
2456	shall determine whether the performance expectations and
2457	disbursement conditions have been met. If the board determines
2458	that the performance expectations and disbursement conditions
2459	have been met, the amount of $200 million shall be reduced to
2460	$155 million. The grantee shall annually submit a schedule of
2461	the shares of stock held by it as payment of the royalty
2462	referred to in paragraph (a) and report on any trades or
2463	activity concerning such stock. The grantee's obligations under
2464	this subsection shall survive the expiration or termination of
2465	the contract between the corporation and the grantee.
2466	(14)  ANNUAL REPORT ON THE SCRIPPS RESEARCH INSTITUTE.--By
2467	December 1 of each year, the corporation shall prepare a report
2468	of the activities and outcomes under this section for the
2469	preceding fiscal year. The report, at a minimum, must include:
2470	(a)  A description of the activities of the corporation in
2471	managing and enforcing the contract with the grantee.
2472	(b)  An accounting of the amount of funds disbursed during
2473	the preceding fiscal year to the grantee.
2474	(c)  An accounting of expenditures by the grantee during
2475	the fiscal year of funds disbursed under this section.
2476	(d)  Information on the number and salary level of jobs
2477	created by the grantee, including the number and salary level of
2478	jobs created for residents of this state.
2479	(e)  Information on the amount and nature of economic
2480	activity generated through the activities of the grantee.
2481	(f)  An assessment of factors affecting the progress toward
2482	achieving the projected biotech industry cluster associated with
2483	the grantee's operations, as projected by economists on behalf
2484	of the Executive Office of the Governor.
2485	(g)  A compliance and financial audit of the accounts and
2486	records of the corporation at the end of the preceding fiscal
2487	year conducted by an independent certified public accountant in
2488	accordance with rules of the Auditor General.
2489	(h)  A description of the status of the performance
2490	expectations under subsection (9) and the disbursement
2491	conditions under subsection (10).
2492
2493	The corporation shall submit the report to the Governor, the
2494	President of the Senate, and the Speaker of the House of
2495	Representatives.
2496	(15)  REPORT ON INNOVATION INCENTIVE PROGRAM
2497	ACTIVITIES.--The corporation shall prepare an annual report of
2498	the activities and outcomes related to its oversight role for
2499	the Innovation Incentive Program for the preceding fiscal year.
2500	The report, at a minimum, must include:
2501	(a)  An assessment of the progress made by each grant
2502	recipient of the Innovation Incentive Program in achieving its
2503	agreement objectives, benchmarks, and performance expectations,
2504	and a discussion of all relevant factors related to its progress
2505	or lack thereof.
2506	(b)  A review of the previous year's compliance and
2507	financial audits of the accounts and records of each grant
2508	recipient conducted by an independent certified public
2509	accountant in accordance with rules of the Auditor General.
2510	(c) Any recommended legislative changes or administrative
2511	improvements that may be undertaken by the Executive Office of
2512	the Governor.
2513
2514	The corporation shall submit the report to the Governor, the
2515	President of the Senate, and the Speaker of the House of
2516	Representatives by January 10 of each year, beginning in 2009.
2517	(16)(15)  PROGRAM EVALUATION.--
2518	(a)  Before January 1, 2007, the Office of Program Policy
2519	Analysis and Government Accountability shall conduct a
2520	performance audit of the Office of Tourism, Trade, and Economic
2521	Development and the corporation relating to the provisions of
2522	this section. The audit shall assess the implementation and
2523	outcomes of activities under this section. At a minimum, the
2524	audit shall address:
2525	1.  Performance of the Office of Tourism, Trade, and
2526	Economic Development in disbursing funds appropriated under this
2527	section.
2528	2.  Performance of the corporation in managing and
2529	enforcing the contract with the grantee.
2530	3.  Compliance by the corporation with the provisions of
2531	this section and the provisions of the contract.
2532	4.  Economic activity generated through funds disbursed
2533	under the contract.
2534	(b)  Before January 1, 2010, the Office of Program Policy
2535	Analysis and Government Accountability shall update the report
2536	required under paragraph (a) this subsection. In addition to
2537	addressing the items prescribed in paragraph (a), the updated
2538	report shall include a recommendation on whether the Legislature
2539	should retain the statutory authority for the corporation taking
2540	into account the corporation's oversight role for the Innovation
2541	Incentive Program.
2542
2543	A report of each audit's findings and recommendations shall be
2544	submitted to the Governor, the President of the Senate, and the
2545	Speaker of the House of Representatives. In completing the
2546	performance audits required under this subsection, the Office of
2547	Program Policy Analysis and Government Accountability shall
2548	maximize the use of reports submitted by the grantee to the
2549	Federal Government or to other organizations awarding research
2550	grants to the grantee.
2551	(17)(16)  LIABILITY.--
2552	(a)  The appropriation or disbursement of funds under this
2553	section does not constitute a debt, liability, or obligation of
2554	the State of Florida, any political subdivision thereof, or the
2555	corporation or a pledge of the faith and credit of the state or
2556	of any such political subdivision.
2557	(b)  The appropriation or disbursement of funds under this
2558	section does not subject the State of Florida, any political
2559	subdivision thereof, or the corporation to liability related to
2560	the research activities and research products of the grantee.
2561	(18)(17)  FORCE MAJEURE.--Notwithstanding any other
2562	provisions contained in this act, if the grantee is prevented
2563	from timely achieving any deadlines set forth in this act due to
2564	its inability to occupy its permanent Florida facility within 2
2565	years after entering into the memorandum of agreement pursuant
2566	to s. 403.973, as a result of permitting delays and related
2567	administrative or judicial proceedings, acts of God, labor
2568	disturbances, or other similar events beyond the control of the
2569	grantee, the deadline shall be extended by the number of days by
2570	which the grantee was delayed in commencing its occupancy of its
2571	permanent Florida facility. In no event shall the extension be
2572	for more than 4 years. Upon the occurrence of a force majeure
2573	event, the Scripps Florida Funding Corporation shall continue to
2574	fund the grantee at a level that permits it to sustain its
2575	current level of operations until the force majeure event ceases
2576	and the grantee is able to resume the contract schedule
2577	governing disbursement.
2578	Section 19.  Subsection (2) of section 288.9622, Florida
2579	Statutes, is amended to read:
2580	(2)  It is the intent of the Legislature that ss. 288.9621-
2581	288.9625 serve to mobilize private investment in a broad variety
2582	of venture capital partnerships in diversified industries and
2583	geographies; retain private sector investment criteria focused
2584	on rate of return; use the services of highly qualified managers
2585	in the venture capital industry regardless of location;
2586	facilitate the organization of the Florida Opportunity Fund as
2587	an fund-of-funds investor in seed and early stage businesses,
2588	venture capital, or and angel funds; and precipitate capital
2589	investment and extensions of credit to and in the Florida
2590	Opportunity Fund.
2591	Section 20.  Subsection (2) and paragraphs (a) and (d) of
2592	subsection (4) of section 288.9624, Florida Statutes, are
2593	amended to read:
2594	288.9624  Florida Opportunity Fund; creation; duties.--
2595	(2)  Upon organization, the board shall conduct a national
2596	solicitation for investment plan proposals from qualified
2597	venture capital investment managers for the raising and
2598	investing of capital by the Florida Opportunity Fund. Any
2599	proposed investment plan must address the applicant's level of
2600	experience, quality of management, investment philosophy and
2601	process, provability of success in fundraising, prior investment
2602	fund results, and plan for achieving the purposes of ss.
2603	288.9621-288.9624. The board shall select only venture capital
2604	investment managers having demonstrated expertise in the
2605	management of and investment in companies.
2606	(4)  For the purpose of mobilizing investment in a broad
2607	variety of Florida-based, new technology companies and
2608	generating a return sufficient to continue reinvestment, the
2609	fund shall:
2610	(a)1.  Invest directly only in seed and early stage venture
2611	capital funds that have experienced managers or management teams
2612	with demonstrated experience, expertise, and a successful
2613	history in the investment of venture capital funds. Investments
2614	must be focused, focusing on opportunities in this state. The
2615	fund may not make direct investments in individual, Florida-
2616	based businesses or businesses that have potential to create
2617	significant economic benefit by creating jobs in Florida or
2618	solving significant economic problems for Florida communities
2619	with strategic technologies. While not precluded from investing
2620	in venture capital funds that have investments outside this
2621	state, the fund must require a venture capital fund to show a
2622	record of successful investment in this state, to be based in
2623	this state, or to have an office in this state staffed with a
2624	full-time, professional venture investment executive in order to
2625	be eligible for investment.
2626	2.  In entering into partnerships with state universities
2627	that are designated as research universities having very high
2628	research activity by the 2005 Carnegie Classifications, invest
2629	directly in state-based seed or early stage venture capital
2630	funds. These investments shall be used to support companies that
2631	are developing the commercialization of a particular product or
2632	service and that are operating from laboratory or office space
2633	on a university campus which has been constructed by a private
2634	developer who is providing a minimum match of $3 for every $1 of
2635	state funds for constructions and investment.
2636	(d)  Invest only in funds or businesses that have raised
2637	capital from other sources so that the amount invested in such
2638	funds or businesses in an entity in this state is at least twice
2639	the amount invested by the fund. Investments must be made in
2640	Florida-based companies or businesses that have potential to
2641	create significant economic benefit by creating jobs in Florida
2642	or solving significant economic problems for Florida communities
2643	with strategic technologies. Strategic technologies include ,
2644	including, but are not limited to, enterprises in life sciences,
2645	information technology, advanced manufacturing processes,
2646	aviation and aerospace, and homeland security and defense, as
2647	well as other strategic technologies.
2648	Section 21.  Subsection (7) is added to section 290.0055,
2649	Florida Statutes, to read:
2650	290.0055  Local nominating procedure.--
2651	(7)  The governing body of a jurisdiction that contains a
2652	designated enterprise zone that includes a state-designated
2653	rural area of critical economic concern, pursuant to s.
2654	288.0656(7), may apply to the Office of Tourism, Trade, and
2655	Economic Development to expand the boundaries of the enterprise
2656	zone by not more than 3 square miles. The expansion must be
2657	contiguous to an existing enterprise zone boundary.
2658	Notwithstanding the area of limitations found in subsection (4),
2659	the Office of Tourism, Trade, and Economic Development may
2660	approve the boundary amendment if the boundary change continues
2661	to satisfy the requirements of paragraphs (6)(b) and (c).
2662	Section 22.  Paragraph (f) is added to subsection (3) of
2663	section 403.973, Florida Statutes, and subsection (8) of that
2664	section is amended to read:
2665	403.973  Expedited permitting; comprehensive plan
2666	amendments.--
2667	(3)
2668	(f)  Projects that are associated with new mixed-use
2669	community housing research and development, manufacturing, and
2670	demonstration of technologies for improving energy-efficiency of
2671	residential and nonresidential uses and using an alternative
2672	source of water supply are eligible for the expedited permitting
2673	process.
2674	(8)  Each memorandum of agreement shall include a process
2675	for final agency action on permit applications and local
2676	comprehensive plan amendment approvals within 90 days after
2677	receipt of a completed application, unless the applicant agrees
2678	to a longer time period or the office determines that unforeseen
2679	or uncontrollable circumstances preclude final agency action
2680	within the 90-day timeframe. Permit applications governed by
2681	federally delegated or approved permitting programs whose
2682	requirements would prohibit or be inconsistent with the 90-day
2683	timeframe are exempt from this provision, but must be processed
2684	by the agency with federally delegated or approved program
2685	responsibility as expeditiously as possible. For projects for
2686	which a completed application has been submitted prior to
2687	qualification of the project under this section, the memorandum
2688	of agreement may proceed concurrently with the processing of
2689	applications, and the timeframes in this section shall begin
2690	from receipt of certification or the project's eligibility.
2691	Section 23.  Effective October 1, 2008, subsection (18) of
2692	section 443.036, Florida Statutes, is amended to read:
2693	443.036  Definitions.--As used in this chapter, the term:
2694	(18)  "Employee leasing company" means an employing unit
2695	that has a valid and active license under chapter 468 and that
2696	maintains the records required by s. 443.171(5) and, in
2697	addition, maintains quarterly reports on the clients of the
2698	employee leasing company and the internal staff of the employee
2699	leasing company a listing of the clients of the employee leasing
2700	company and of the employees, including their social security
2701	numbers, who have been assigned to work at each client company
2702	job site. Further, each client company job site must be
2703	identified by industry, products or services, and address. The
2704	client list must be provided to the tax collection service
2705	provider by June 30 and by December 31 of each year. As used in
2706	this subsection, the term "client" means a party who has
2707	contracted with an employee leasing company to provide a worker,
2708	or workers, to perform services for the client. Leased employees
2709	include employees subsequently placed on the payroll of the
2710	employee leasing company on behalf of the client. An employee
2711	leasing company must notify the tax collection service provider
2712	within 30 days after the initiation or termination of the
2713	company's relationship with any client company under chapter
2714	468.
2715	Section 24.  Paragraph (a) of subsection (1) of section
2716	443.1216, Florida Statutes, is amended to read:
2717	443.1216  Employment.--Employment, as defined in s.
2718	443.036, is subject to this chapter under the following
2719	conditions:
2720	(1)(a)  The employment subject to this chapter includes a
2721	service performed, including a service performed in interstate
2722	commerce, by:
2723	1.  An officer of a corporation.
2724	2.  An individual who, under the usual common-law rules
2725	applicable in determining the employer-employee relationship, is
2726	an employee. However, whenever a client, as defined in s.
2727	443.036(18), which would otherwise be designated as an employing
2728	unit has contracted with an employee leasing company to supply
2729	it with workers, those workers are considered employees of the
2730	employee leasing company. An employee leasing company may lease
2731	corporate officers of the client to the client and other workers
2732	to the client, except as prohibited by regulations of the
2733	Internal Revenue Service. Employees of an employee leasing
2734	company must be reported under the employee leasing company's
2735	tax identification number and contribution rate for work
2736	performed for the employee leasing company.
2737	a.  In addition to any other report required to be filed by
2738	law, an employee leasing company shall submit to the Agency for
2739	Workforce Innovation, Labor Market Statistics Center, or as
2740	otherwise directed by the agency, a report that must include
2741	every client establishment and each establishment of the
2742	employee leasing company and must include the following
2743	information for each establishment:
2744	(I)  The trade or establishment name.
2745	(II)  The former unemployment compensation account number,
2746	if available.
2747	(III)  The former Federal Employment Identification Number
2748	(FEIN), if available.
2749	(IV)  The industry code recognized and published by the
2750	United States Office of Management and Budget, if available.
2751	(V)  A description of the client's primary business
2752	activity in order to verify or assign an industry code.
2753	(VI)  The physical location address.
2754	(VII)  The number of full-time and part-time employees who
2755	worked during or received pay that was subject to unemployment
2756	compensation taxes for the pay period, including the 12th of the
2757	month for each month of the quarter.
2758	(VIII)  The total wages subject to unemployment
2759	compensation taxes paid during the calendar quarter.
2760	(IX)  An internal identification code to uniquely identify
2761	each establishment of each client.
2762	(X)  The month and year the client entered into the
2763	contract.
2764	(XI)  The month and year the client terminated the contract
2765	for services.
2766	b.  The report shall be submitted electronically or in a
2767	manner otherwise prescribed by the agency in the format
2768	specified by the United States Bureau of Labor Statistics for
2769	its Multiple Worksite Report for Professional Employer
2770	Organizations. The report must be provided quarterly to the
2771	Agency for Workforce Innovation, Labor Market Statistics Center,
2772	or as otherwise directed by the agency, and must be filed by the
2773	last day of the month immediately following the end of the
2774	calendar quarter. The information required in sub-sub-
2775	subparagraphs a.(X) and (XI) need only be provided in the
2776	quarter in which the contract to which it relates was entered
2777	into or terminated. The sum of the employment data and the sum
2778	of the wage data on this report must match the employment and
2779	wages reported on the unemployment compensation quarterly tax
2780	and wage report.
2781	c.  The Agency for Workforce Innovation shall have
2782	rulemaking authority as necessary to implement the provisions of
2783	this subparagraph and shall have the authority to administer,
2784	collect, enforce, and waive the penalty imposed by s.
2785	443.141(1)(b) for the report required by this subparagraph.
2786	d.  For the purposes of this subparagraph, the term
2787	"establishment" or "worksite" shall mean any location where
2788	business is conducted or where services or industrial operations
2789	are performed.
2790	3.  An individual other than an individual who is an
2791	employee under subparagraph 1. or subparagraph 2., who performs
2792	services for remuneration for any person:
2793	a.  As an agent-driver or commission-driver engaged in
2794	distributing meat products, vegetable products, fruit products,
2795	bakery products, beverages other than milk, or laundry or
2796	drycleaning services for his or her principal.
2797	b.  As a traveling or city salesperson engaged on a full-
2798	time basis in the solicitation on behalf of, and the
2799	transmission to, his or her principal of orders from
2800	wholesalers, retailers, contractors, or operators of hotels,
2801	restaurants, or other similar establishments for merchandise for
2802	resale or supplies for use in their business operations. This
2803	sub-subparagraph does not apply to an agent-driver or a
2804	commission-driver and does not apply to sideline sales
2805	activities performed on behalf of a person other than the
2806	salesperson's principal.
2807	4.  The services described in subparagraph 3. are
2808	employment subject to this chapter only if:
2809	a.  The contract of service contemplates that substantially
2810	all of the services are to be performed personally by the
2811	individual;
2812	b.  The individual does not have a substantial investment
2813	in facilities used in connection with the services, other than
2814	facilities used for transportation; and
2815	c.  The services are not in the nature of a single
2816	transaction that is not part of a continuing relationship with
2817	the person for whom the services are performed.
2818	Section 25.  Subsection (2) of section 257.193, Florida
2819	Statutes, is amended to read:
2820	257.193  Community Libraries in Caring Program.--
2821	(2)  The purpose of the Community Libraries in Caring
2822	Program is to assist libraries in rural communities, as defined
2823	in s. 288.0656(2)(b) and subject to the provisions of s.
2824	288.06561, to strengthen their collections and services, improve
2825	literacy in their communities, and improve the economic
2826	viability of their communities.
2827	Section 26.  Section 288.019, Florida Statutes, is amended
2828	to read:
2829	288.019  Rural considerations in grant review and
2830	evaluation processes.--Notwithstanding any other law, and to the
2831	fullest extent possible, the member agencies and organizations
2832	of the Rural Economic Development Initiative (REDI) as defined
2833	in s. 288.0656(6)(a) shall review all grant and loan application
2834	evaluation criteria to ensure the fullest access for rural
2835	counties as defined in s. 288.0656(2)(b) to resources available
2836	throughout the state.
2837	(1)  Each REDI agency and organization shall review all
2838	evaluation and scoring procedures and develop modifications to
2839	those procedures which minimize the impact of a project within a
2840	rural area.
2841	(2)  Evaluation criteria and scoring procedures must
2842	provide for an appropriate ranking based on the proportionate
2843	impact that projects have on a rural area when compared with
2844	similar project impacts on an urban area.
2845	(3)  Evaluation criteria and scoring procedures must
2846	recognize the disparity of available fiscal resources for an
2847	equal level of financial support from an urban county and a
2848	rural county.
2849	(a)  The evaluation criteria should weight contribution in
2850	proportion to the amount of funding available at the local
2851	level.
2852	(b)  In-kind match should be allowed and applied as
2853	financial match when a county is experiencing financial distress
2854	through elevated unemployment at a rate in excess of the state's
2855	average by 5 percentage points or because of the loss of its ad
2856	valorem base.
2857	(4)  For existing programs, the modified evaluation
2858	criteria and scoring procedure must be delivered to the Office
2859	of Tourism, Trade, and Economic Development for distribution to
2860	the REDI agencies and organizations. The REDI agencies and
2861	organizations shall review and make comments. Future rules,
2862	programs, evaluation criteria, and scoring processes must be
2863	brought before a REDI meeting for review, discussion, and
2864	recommendation to allow rural counties fuller access to the
2865	state's resources.
2866	Section 27.  Section 288.06561, Florida Statutes, is
2867	amended to read:
2868	288.06561  Reduction or waiver of financial match
2869	requirements.--Notwithstanding any other law, the member
2870	agencies and organizations of the Rural Economic Development
2871	Initiative (REDI), as defined in s. 288.0656(6)(a), shall review
2872	the financial match requirements for projects in rural areas as
2873	defined in s. 288.0656(2)(b).
2874	(1)  Each agency and organization shall develop a proposal
2875	to waive or reduce the match requirement for rural areas.
2876	(2)  Agencies and organizations shall ensure that all
2877	proposals are submitted to the Office of Tourism, Trade, and
2878	Economic Development for review by the REDI agencies.
2879	(3)  These proposals shall be delivered to the Office of
2880	Tourism, Trade, and Economic Development for distribution to the
2881	REDI agencies and organizations. A meeting of REDI agencies and
2882	organizations must be called within 30 days after receipt of
2883	such proposals for REDI comment and recommendations on each
2884	proposal.
2885	(4)  Waivers and reductions must be requested by the county
2886	or community, and such county or community must have three or
2887	more of the factors identified in s. 288.0656(2)(a).
2888	(5)  Any other funds available to the project may be used
2889	for financial match of federal programs when there is fiscal
2890	hardship, and the match requirements may not be waived or
2891	reduced.
2892	(6)  When match requirements are not reduced or eliminated,
2893	donations of land, though usually not recognized as an in-kind
2894	match, may be permitted.
2895	(7)  To the fullest extent possible, agencies and
2896	organizations shall expedite the rule adoption and amendment
2897	process if necessary to incorporate the reduction in match by
2898	rural areas in fiscal distress.
2899	(8)  REDI shall include in its annual report an evaluation
2900	on the status of changes to rules, number of awards made with
2901	waivers, and recommendations for future changes.
2902	Section 28.  Subsection (2) of section 288.7094, Florida
2903	Statutes, is amended to read:
2904	288.7094  Black business investment corporations.--
2905	(2)  A black business investment corporation that meets the
2906	requirements of s. 288.7102(4)(3) is eligible to participate in
2907	the Black Business Loan Program and shall receive priority
2908	consideration by the Office of Tourism, Trade, and Economic
2909	Development for participation in the program.
2910	Section 29.  Paragraph (d) of subsection (15) of section
2911	627.6699, Florida Statutes, is amended to read:
2912	627.6699  Employee Health Care Access Act.--
2913	(15)  SMALL EMPLOYERS ACCESS PROGRAM.--
2914	(d)  Eligibility.--
2915	1.  Any small employer that is actively engaged in
2916	business, has its principal place of business in this state,
2917	employs up to 25 eligible employees on business days during the
2918	preceding calendar year, employs at least 2 employees on the
2919	first day of the plan year, and has had no prior coverage for
2920	the last 6 months may participate.
2921	2.  Any municipality, county, school district, or hospital
2922	employer located in a rural community as defined in s.
2923	288.0656(2)(b) may participate.
2924	3.  Nursing home employers may participate.
2925	4.  Each dependent of a person eligible for coverage is
2926	also eligible to participate.
2927
2928	Any employer participating in the program must do so until the
2929	end of the term for which the carrier providing the coverage is
2930	obligated to provide such coverage to the program. Coverage for
2931	a small employer group that ceases to meet the eligibility
2932	requirements of this section may be terminated at the end of the
2933	policy period for which the necessary premiums have been paid.
2934	Section 30.  In order to carry out the additional
2935	responsibilities in this act, one full-time equivalent position
2936	and the recurring sum of $60,000 for associated salary and
2937	benefits is appropriated from the General Revenue Fund to the
2938	Office of Tourism, Trade, and Economic Development.
2939	Section 31.  Except as otherwise expressly provided in
2940	this act, this act shall take effect July 1, 2008.
2941
2942
2943	-----------------------------------------------------
2944	T I T L E  A M E N D M E N T
2945	Remove the entire title and insert:
2946	An act relating to economic development; amending s. 125.0104;
2947	revising the use of the tourist development tax; amending s.
2948	220.191, F.S.; requiring applications for capital investment tax
2949	credits to be reviewed and certified under a specified
2950	provision; creating s. 288.061, F.S.; providing an economic
2951	development incentive application process; providing time
2952	periods and requirements for certification for economic
2953	development incentive applications; amending s. 288.063, F.S.;
2954	requiring that adoption of criteria by which certain
2955	transportation projects are to be reviewed and certified be done
2956	in accordance with a specified provision; amending s. 288.065,
2957	F.S.; revising Rural Community Development Revolving Loan Fund
2958	program requirements; amending s. 288.0655, F.S.; authorizing
2959	the Office of Tourism, Trade, and Economic Development to award
2960	grants for a certain percentage of total infrastructure project
2961	costs for certain catalyst site funding applications; providing
2962	for waiver of the local matching requirement; expanding eligible
2963	facilities for authorized infrastructure projects; amending s.
2964	288.0656, F.S.; providing legislative intent; revising and
2965	providing definitions; providing certain additional review and
2966	action requirements for REDI relating to rural communities;
2967	revising representation on REDI; deleting a limitation on
2968	characterization as a rural area of critical economic concern;
2969	authorizing rural areas of critical economic concern to
2970	designate certain catalyst projects for certain purposes;
2971	providing project requirements; requiring the initiative to
2972	assist local governments with certain comprehensive planning
2973	needs; providing procedures and requirements for such
2974	assistance; revising certain reporting requirements for REDI;
2975	amending s. 288.0657, F.S.; revising the definition for a rural
2976	community; amending s. 288.1045, F.S.; revising provisions
2977	relating to the application and refund process for the qualified
2978	defense contractor tax refund program; deleting a report
2979	requirement; amending s. 288.106, F.S.; revising provisions
2980	relating to the application process for the qualified target
2981	industry businesses; revising an economic-stimulus exemption
2982	request provision; extending the expiration date; amending s.
2983	288.107, F.S.; providing additional criteria for participation
2984	in the brownfield redevelopment bonus refund; requiring that
2985	applications for brownfield redevelopment bonus refunds be
2986	reviewed and certified under a specified provision; amending s.
2987	288.108, F.S.; requiring that applications for high-impact
2988	business performance grants be considered under a specified
2989	provision; deleting certain final order and report requirements;
2990	amending s. 288.1088, F.S.; requiring that applications
2991	concerning the Quick Action Closing Fund be considered under a
2992	specified provision; providing a time period for the director to
2993	recommend approval or disapproval of a project for receipt of
2994	funds from the Quick Action Closing Fund; amending s. 288.1089,
2995	F.S.; revising application requirements for innovation incentive
2996	awards; revising evaluation and recommendation requirements for
2997	innovation incentive awards; requiring the Legislative Budget
2998	Commission to review and approve an innovation incentive award
2999	before the Executive Office of the Governor releases the funds;
3000	revising requirements for agreements setting forth the
3001	conditions for payment of incentives; revising provisions
3002	relating to ethical standards for reward recipients; amending s.
3003	288.1162, F.S.; revising provisions relating to funding for
3004	relocation of spring training franchises; requiring local
3005	governments receiving funds to submit annual reports; providing
3006	for decertification of an applicant; requiring the Office of
3007	Tourism, Trade, and Economic Development to develop a
3008	comprehensive strategic plan including the use of financial
3009	resources for the purpose of retaining the tradition of spring
3010	training in this state; providing rulemaking authority; amending
3011	s. 288.1254, F.S., relating to the reversion of appropriations
3012	for film incentives; providing a limited amount of funds to be
3013	used for international cultural festivals upon certain
3014	determinations; amending s. 288.7102, F.S.; revising provisions
3015	relating to the application and certification process for the
3016	Black Business Loan Program; providing requirements concerning
3017	distribution of program funding; amending s. 288.955, F.S.;
3018	revising definitions relating to the Scripps Florida Funding
3019	Corporation; requiring the Scripps Florida Funding Corporation,
3020	along with the Office of Tourism, Trade, and Economic
3021	Development and Enterprise Florida, Inc., to review the
3022	performance and progress of grant recipients of the Innovation
3023	Incentive Program; conforming provisions relating to members of
3024	the board of directors; deleting obsolete provisions; revising
3025	the duties of the corporation; requiring an annual report on
3026	Innovation Incentive Program activities; amending s. 288.9622,
3027	F.S.; revising legislative intent; amending s. 288.9624, F.S.,
3028	relating to the Florida Opportunity Fund; providing that venture
3029	capital funds affiliated with certain state universities are
3030	eligible for investment by the fund; providing for specified
3031	direct business investments by the fund; amending s. 290.0055,
3032	F.S; providing for the expansion of enterprise zones located
3033	entirely within state designated rural areas of critical
3034	economic concern; amending s. 403.973, F.S.; providing expedited
3035	permitting for certain projects; amending s. 443.036, F.S.;
3036	revising the definition of the term "employee leasing company"
3037	for purposes of unemployment compensation; amending s. 443.1216,
3038	F.S.; requiring quarterly reports by employee leasing companies
3039	that include client and establishment specific information;
3040	authorizing the Agency for Workforce Innovation to adopt rules;
3041	providing enforcement authority; amending ss. 257.193, 288.019,
3042	288.06561, 288.7094, and 627.6699, F.S.; conforming cross-
3043	references; authorizing a position and providing an
3044	appropriation for the Office of Tourism, Trade, and Economic
3045	Development; providing effective dates.

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