HB 7111

1	A bill to be entitled
2	An act relating to economic development; creating s.
3	288.7001, F.S.; providing a short title; providing
4	findings and purpose; providing definitions; creating the
5	Small Business Regulatory Advisory Council; providing for
6	appointments, membership, and meetings; providing
7	administrative location for the council; providing powers
8	and limitations of the council; providing for coordinated
9	review of agency rules by the council with agency sunset
10	review; providing timelines for review; providing for the
11	council to issue a business-friendly scorecard of agency
12	rules; creating s. 288.7002, F.S.; providing findings and
13	purpose; providing definitions; providing for selection of
14	the Florida Small Business Advocate; providing for
15	preferred qualifications of the advocate; providing duties
16	of the advocate; providing for agency cooperation with the
17	advocate; providing for an annual report by the advocate
18	to the Governor and Legislature; amending s. 11.908, F.S.;
19	requiring a Joint Legislative Sunset Committee to consult
20	with the Small Business Regulatory Advisory Council in its
21	sunset review of a state agency; amending s. 11.911, F.S.;
22	requiring the Legislative Sunset Committee to include in
23	its report any recommendations of the Small Business
24	Regulatory Advisory Council concerning the rules of an
25	agency recommended to be continued or reorganized;
26	amending s. 11.919, F.S.; requiring agency assistance to
27	the Small Business Regulatory Advisory Council;
28	authorizing the council to access or request information
29	and assistance; amending s. 120.54, F.S.; requiring an
30	agency to prepare a statement of estimated regulatory
31	costs; requiring agency notification to the Small Business
32	Regulatory Advisory Council relating to proposed agency
33	action affecting small business; requiring an agency to
34	adopt regulatory alternatives offered by the council under
35	certain circumstances; providing for rule filing extension
36	when regulatory alternatives are offered by the council;
37	providing for outside review of regulatory alternatives
38	not adopted by an agency and for an agency response;
39	amending s. 120.74, F.S.; requiring biennial rule review
40	by agency to consider the impact of rules on small
41	business and include the results in a report to the
42	Legislature; amending s. 220.191, F.S.; requiring
43	applications for capital investment tax credits to be
44	reviewed under a specified provision; creating s. 288.061,
45	F.S.; providing an economic development incentive
46	application process; providing time periods and
47	requirements for certification for economic development
48	incentive applications; amending s. 288.063, F.S.;
49	requiring that adoption of criteria by which certain
50	transportation projects are to be specified and identified
51	be done in accordance with a specified provision; amending
52	s. 288.065, F.S.; revising Rural Community Development
53	Revolving Loan Fund program requirements; amending s.
54	288.0655, F.S.; authorizing the Office of Tourism, Trade,
55	and Economic Development to award grants for a certain
56	percentage of total infrastructure project costs for
57	certain catalyst site funding applications; providing for
58	waiver of the local matching requirement; expanding
59	eligible facilities for authorized infrastructure
60	projects; amending s. 288.0656, F.S.; providing
61	legislative intent; revising and providing definitions;
62	providing certain additional review and action
63	requirements for REDI relating to rural communities;
64	revising representation on REDI; deleting a limitation on
65	characterization as a rural area of critical economic
66	concern; authorizing rural areas of critical economic
67	concern to designate certain catalyst projects for certain
68	purposes; providing project requirements; requiring the
69	initiative to assist local governments with certain
70	comprehensive planning needs; providing procedures and
71	requirements for such assistance; revising certain
72	reporting requirements for REDI; amending s. 288.0657,
73	F.S.; revising the definition for a rural community;
74	amending s. 288.1045, F.S.; revising provisions relating
75	to the application and refund process for the qualified
76	defense contractor tax refund program; revising the cap on
77	refunds per applicant; deleting a report requirement;
78	extending the expiration date; amending s. 288.106, F.S.;
79	revising provisions relating to the application process
80	for the qualified target industry businesses; revising an
81	economic-stimulus exemption request provision; deleting an
82	expiration provision; amending s. 288.107, F.S.; providing
83	additional criteria for participation in the brownfield
84	redevelopment bonus refund; requiring that applications
85	for brownfield redevelopment bonus refunds be considered
86	under a specified provision; amending s. 288.108, F.S.;
87	requiring that applications for high-impact business
88	performance grants be considered under a specified
89	provision; deleting certain final order and report
90	requirements; amending s. 288.1088, F.S.; requiring that
91	applications concerning the Quick Action Closing Fund be
92	considered under a specified provision; providing a time
93	period for the director to recommend approval or
94	disapproval of a project for receipt of funds from the
95	Quick Action Closing Fund; amending s. 288.1162, F.S.;
96	revising provisions relating to funding for relocation of
97	spring training franchises; amending s. 288.1254, F.S.,
98	relating to appropriations to permit a limited amount of
99	funds to be used for film or arts festivals upon certain
100	determinations; requiring the Office of Tourism, Trade,
101	and Economic Development shall develop a comprehensive
102	strategic plan including the use of financial resources
103	for the purpose of retaining the tradition of spring
104	training in Florida; amending s. 288.7102, F.S.; revising
105	provisions relating to the application and certification
106	process for the Black Business Loan Program; providing
107	requirements concerning distribution of program funding;
108	amending s. 288.9624, F.S.; revising the determination of
109	a fund allocation manager; amending s. 290.0055, F.S.;
110	providing for expansion of enterprise zones located
111	entirely within state designated rural areas of critical
112	economic concern; providing limits on such expansion;
113	creating s. 501.701, F.S.; providing definitions; creating
114	a business evaluation process for consumer complaints;
115	providing one full-time equivalent position and an
116	appropriation for the Office of Tourism, Trade, and
117	Economic Development; amending ss. 257.193, 288.019,
118	288.06561, 288.7094, and 627.6699, F.S.; conforming cross-
119	references; providing an effective date.
120
121	Be It Enacted by the Legislature of the State of Florida:
122
123	Section 1.  Section 288.7001, Florida Statutes, is created
124	to read:
125	288.7001  Small Business Regulatory Advisory Council.--
126	(1)  SHORT TITLE.--This section may be cited as the "Small
127	Business Regulatory Relief Act."
128	(2)  FINDINGS AND PURPOSE.--The Legislature finds and
129	declares that:
130	(a)  A vibrant and growing small business sector is
131	critical to creating jobs in a dynamic economy.
132	(b)  At times, small businesses bear a disproportionate
133	share of regulatory costs and burdens.
134	(c)  Fundamental changes that are needed in the regulatory
135	culture of state agencies to make them not only more responsive,
136	but responsive in a timelier fashion, to small business should
137	be made without compromising the statutory missions of the
138	agencies.
139	(d)  When adopting rules to protect the health, safety, and
140	economic welfare of the state, agencies should seek to achieve
141	statutory goals as effectively and efficiently as possible
142	without imposing unnecessary burdens on small businesses.
143	(e)  Uniform regulatory reporting requirements can impose
144	unnecessary and disproportionately burdensome demands, including
145	legal, accounting, and consulting costs, upon small businesses
146	with limited resources.
147	(f)  The failure to recognize differences in the scale and
148	resources of regulated businesses can adversely affect
149	competition in the marketplace, discourage innovation, and
150	restrict improvements in productivity.
151	(g)  Unnecessary rules create entry barriers in many
152	industries and discourage potential entrepreneurs from
153	introducing beneficial products and processes.
154	(h)  The practice of treating all regulated businesses as
155	equivalent may lead to inefficient use of agency resources,
156	enforcement problems and, in some cases, to actions inconsistent
157	with stated legislative intent of health, safety, environmental,
158	economic welfare, and other legislation.
159	(i)  Alternative regulatory approaches that do not conflict
160	with applicable statutes may be available to minimize the
161	significant economic impact of rules on small businesses.
162	(3)  DEFINITIONS.--As used in this section, the term:
163	(a)  "Agency" means an agency as defined in s. 120.52.
164	(b)  "Council" means the Small Business Regulatory Advisory
165	Council.
166	(c)  "Rule" means a rule as defined in s. 120.52.
167	(d)  "Small business" means a small business as defined in
168	s. 288.703.
169	(4)  CREATION; MEMBERSHIP; POWERS AND DUTIES.--
170	(a)  The Small Business Regulatory Advisory Council is
171	created. The council shall consist of nine members who are
172	current or former small business owners, three appointed by the
173	Governor, three appointed by the President of the Senate, and
174	three appointed by the Speaker of the House of Representatives.
175	The initial appointments to the council must be made within 60
176	days after the effective date of this act. The members shall be
177	from different geographic regions of the state. Members shall
178	serve 4-year terms; however, in order to establish staggered
179	terms, for the initial appointments, each appointing official
180	shall appoint one member to a 2-year term and two members to a
181	4-year term. A member shall not serve more than three
182	consecutive terms. Members shall select the chairperson from
183	among the members of the council. The council shall meet
184	quarterly or upon the call of the chairperson. A majority of the
185	members constitutes a quorum for the conduct of business.
186	Members of the council shall serve without compensation. The
187	appointing official may remove his or her appointee without
188	cause at any time. A member whose term has expired shall
189	continue to serve on the council until such time as a
190	replacement is appointed. Vacancies shall be filled for the
191	remainder of the term and by the original appointing official.
192	(b)  The council is established, assigned to, and
193	administratively housed within the Florida Small Business
194	Development Center Network, which shall provide staff support to
195	the council.
196	(c)  The council may:
197	1.  Provide agencies with recommendations regarding
198	proposed rules or programs that may adversely affect small
199	business;
200	2.  Consider requests from small business owners to review
201	rules or programs adopted by an agency;
202	3.  Consider requests from small business owners to review
203	small business owners' private property rights related to rules
204	or programs adopted or implemented by an agency; and
205	4.  Review rules promulgated by an agency to determine
206	whether a rule places an unnecessary burden on small business
207	and make recommendations to the agency to mitigate the adverse
208	effects.
209	(d)  The council does not have authority to:
210	1.  Initiate or intervene in any administrative or judicial
211	proceeding; or
212	2.  Issue subpoenas.
213	(e)  The council shall prepare and submit a written annual
214	report to the Governor, the President of the Senate, and the
215	Speaker of the House of Representatives that describes its
216	activities and recommendations.
217	(5)  PERIODIC REVIEW OF RULES.--
218	(a)  In coordination with the schedule for reviewing state
219	agencies and advisory committees provided in s. 11.905, the
220	council may review rules of agencies subject to review to
221	determine whether the rules should be continued without change
222	or should be amended or repealed to reduce the impact of the
223	rules on small businesses, subject to the requirement that the
224	recommendations of the council must be feasible and consistent
225	with the stated objectives of the rules.
226	(b)  In reviewing agency rules to reduce the impact on
227	small businesses, the council, in coordination with the agency,
228	shall consider the following factors:
229	1.  The continued need for the rule.
230	2.  The nature of complaints or comments received from the
231	public concerning the rule.
232	3.  The complexity of the rule.
233	4.  The extent to which the rule overlaps, duplicates, or
234	conflicts with other federal, state, or local government rules.
235	5.  The length of time since the rule has been evaluated or
236	the degree to which technology, economic conditions, or other
237	factors have changed in the topical area affected by the rule.
238	(c)  Within 6 months after the agency report is submitted
239	to the Joint Legislative Sunset Committee pursuant to s. 11.907,
240	the council shall provide a report to the Governor, the
241	President of the Senate, the Speaker of the House of
242	Representatives, and the Joint Legislative Sunset Committee that
243	includes recommendations and evaluations of agency rules and
244	programs regarding regulatory fairness for small businesses. A
245	component of the report shall be a rating system, developed by
246	the council, entitled "Small Business Friendliness and
247	Development Scorecard."
248	Section 2.  Section 288.7002, Florida Statutes, is created
249	to read:
250	288.7002  Small business advocate.--
251	(1)  FINDINGS AND PURPOSE.--
252	(a)  The Legislature finds and declares that it is in the
253	public interest to aid, counsel, assist, and protect, insofar as
254	is possible, the interests of small business concerns in order
255	to preserve free competitive enterprise and maintain a healthy
256	state economy.
257	(b)  The Legislature finds that the state should provide a
258	point person to advocate the causes of small business and to
259	provide small businesses with the information they need to
260	survive in the marketplace.
261	(2)  DEFINITIONS.--
262	(a)  "Advocate" means the Florida Small Business Advocate,
263	who is also the Director of the Office of Small Business
264	Advocate.
265	(b)  "Director" means the Director of the Office of Small
266	Business Advocate.
267	(c)  "Office" means the Office of Small Business Advocate.
268	(3)  OFFICE OF SMALL BUSINESS ADVOCATE.--The Office of
269	Small Business Advocate is established, assigned to, and
270	administratively housed within the Florida Small Business
271	Development Center Network. The director shall be the Florida
272	Small Business Advocate.
273	(4)  DIRECTOR OF THE OFFICE OF SMALL BUSINESS ADVOCATE;
274	APPOINTMENT; DUTIES.--
275	(a)  The advocate shall be selected by the director of the
276	Florida Small Business Development Center Network and shall be
277	an employee of or under contract with the Florida Small Business
278	Development Center Network. Preferred qualifications for the
279	advocate include at least 5 years' experience in small business,
280	extensive knowledge of the issues and challenges of importance
281	to small business, and actual experience in small business
282	advocacy and assistance.
283	(b)  The duties and functions of the advocate shall include
284	all of the following:
285	1.  Act as staff for the Small Business Regulatory Advisory
286	Council.
287	2.  Serve as principal advocate in the state on behalf of
288	small businesses, including, but not limited to, advisory
289	participation in the consideration of all legislation and
290	administrative rules that affect small businesses, and advocacy
291	on state policy and programs related to small businesses on
292	disaster preparedness and recovery, including providing
293	technical assistance.
294	3.  Represent the views and interests of small businesses
295	before agencies whose policies and activities may affect small
296	businesses. Among other activities, the advocate may encourage
297	standardized applications and information packages that would
298	include all the information needed by each agency that a
299	business has to deal with to prevent an applicant from having to
300	fill out duplicative information on forms from various agencies.
301	4.  Enlist the cooperation and assistance of public and
302	private agencies, businesses, and other organizations in
303	disseminating information about the programs and services
304	provided by all levels of government that are of benefit to
305	small businesses and information on how small businesses can
306	participate in, or make use of, those programs and services.
307	5.  Issue a report every 2 years evaluating the efforts of
308	agencies that significantly regulate small businesses, to assist
309	minority and other small business enterprises, and to make
310	recommendations that may be appropriate to assist the
311	development and strengthening of minority and other small
312	business enterprises.
313	6.  Consult with experts and authorities in the fields of
314	small business investment, venture capital investment, and
315	commercial banking, including comparable financial institutions
316	involved in the financing of business; with individuals with
317	regulatory, legal, economic, or financial expertise, including
318	members of the academic community; and with individuals who
319	generally represent the public interest.
320	7.  Seek the assistance and cooperation of all agencies and
321	departments providing services to or affecting small business to
322	ensure coordination of state efforts.
323	8.  Receive and respond to complaints from small businesses
324	concerning the actions of agencies and the operative effects of
325	state laws and regulations adversely affecting those businesses.
326	The advocate shall establish an annual process for small
327	businesses to nominate agency rules or programs for reform. The
328	advocate shall publish those nominations online and update the
329	status of agency action on the proposed reforms twice yearly.
330	9.  Counsel small businesses on how to resolve questions
331	and problems concerning the relationship of small business to
332	state government.
333	10.  Maintain, publicize, and distribute an annual list of
334	persons serving as small business ombudsmen throughout state
335	government.
336	11.  Coordinate a statewide conference on small business
337	with public and private organizations and entities impacting
338	small business in the state.
339	12.  Coordinate annual public meetings to share best
340	practices for small business disaster preparedness. The meetings
341	shall be held in consultation with regional and statewide small
342	business organizations and shall take place in different
343	locations throughout the state.
344	(5)  REPORTS AND DOCUMENTS FURNISHED TO SMALL BUSINESS
345	ADVOCATE; ANNUAL REPORTS.--
346	(a)  Each agency of the state shall furnish to the advocate
347	the reports, documents, and information that are public records
348	and that the director deems necessary to carry out his or her
349	functions under this chapter.
350	(b)  The advocate shall prepare and submit a written annual
351	report to the Governor, the President of the Senate, and the
352	Speaker of the House of Representatives that describes the
353	activities and recommendations of the office.
354	Section 3.  Subsection (2) of section 11.908, Florida
355	Statutes, is amended to read:
356	11.908  Committee duties.--No later than March 1 of the
357	year in which a state agency or its advisory committees are
358	scheduled to be reviewed, the committee shall and the joint
359	committee may:
360	(2)  Consult with the Legislative Budget Commission, the
361	Small Business Regulatory Advisory Council, relevant substantive
362	and appropriations committees of the Senate and the House of
363	Representatives, the Governor's Office of Policy and Budgeting,
364	the Auditor General, and the Chief Financial Officer, or their
365	successors, relating to the review of the agency and its
366	advisory committees.
367	Section 4.  Paragraph (a) of subsection (2) of section
368	11.911, Florida Statutes, is amended to read:
369	11.911  Committee recommendations.--
370	(2)  In its report on a state agency, the joint committee
371	shall:
372	(a)  Make recommendations on the abolition, continuation,
373	or reorganization of each state agency and its advisory
374	committees and on the need for the performance of the functions
375	of the agency and its advisory committees. If the committee
376	recommends continuation or reorganization, the committee shall
377	include in its recommendations the report of the Small Business
378	Regulatory Advisory Council, as provided in s. 288.7001,
379	regarding the rules of each agency.
380	Section 5.  Section 11.919, Florida Statutes, is amended to
381	read:
382	11.919  Assistance of and access to state agencies.--
383	(1)  The committee and the Small Business Regulatory
384	Advisory Council may access or request information and request
385	the assistance of state agencies and officers. When assistance
386	is requested, a state agency or officer shall assist the
387	committee and the Small Business Regulatory Advisory Council.
388	(2)  In carrying out its functions under ss. 11.901-11.920,
389	the committee or its designated staff member may inspect the
390	records, documents, and files of any state agency.
391	Section 6.  Paragraph (b) of subsection (3) of section
392	120.54, Florida Statutes, is amended to read:
393	120.54  Rulemaking.--
394	(3)  ADOPTION PROCEDURES.--
395	(b)  Special matters to be considered in rule adoption.--
396	1.  Statement of estimated regulatory costs.--Prior to the
397	adoption, amendment, or repeal of any rule other than an
398	emergency rule, an agency is encouraged to prepare a statement
399	of estimated regulatory costs of the proposed rule, as provided
400	by s. 120.541. However, an agency shall prepare a statement of
401	estimated regulatory costs of the proposed rule, as provided by
402	s. 120.541, if the proposed rule will have an impact on small
403	business.
404	2.  Small businesses, small counties, and small cities.--
405	a.  Each agency, before the adoption, amendment, or repeal
406	of a rule, shall consider the impact of the rule on small
407	businesses as defined by s. 288.703 and the impact of the rule
408	on small counties or small cities as defined by s. 120.52.
409	Whenever practicable, an agency shall tier its rules to reduce
410	disproportionate impacts on small businesses, small counties, or
411	small cities to avoid regulating small businesses, small
412	counties, or small cities that do not contribute significantly
413	to the problem the rule is designed to address. An agency may
414	define "small business" to include businesses employing more
415	than 100 persons, may define "small county" to include those
416	with populations of more than 75,000, and may define "small
417	city" to include those with populations of more than 10,000, if
418	it finds that such a definition is necessary to adapt a rule to
419	the needs and problems of small businesses, small counties, or
420	small cities. The agency shall consider each of the following
421	methods for reducing the impact of the proposed rule on small
422	businesses, small counties, and small cities, or any combination
423	of these entities:
424	(I)  Establishing less stringent compliance or reporting
425	requirements in the rule.
426	(II)  Establishing less stringent schedules or deadlines in
427	the rule for compliance or reporting requirements.
428	(III)  Consolidating or simplifying the rule's compliance
429	or reporting requirements.
430	(IV)  Establishing performance standards or best-management
431	practices to replace design or operational standards in the
432	rule.
433	(V)  Exempting small businesses, small counties, or small
434	cities from any or all requirements of the rule.
435	b.(I)  If the agency determines that the proposed action
436	will affect small businesses as defined by the agency as
437	provided in sub-subparagraph a., the agency shall send written
438	notice of the rule to the Small Business Regulatory Advisory
439	Council and small business ombudsman of the Office of Tourism,
440	Trade, and Economic Development not less than 28 days prior to
441	the intended action.
442	(II)  Each agency shall adopt those regulatory alternatives
443	offered by the Small Business Regulatory Advisory Council small
444	business ombudsman and provided to the agency no later than 21
445	days after the council's ombudsman's receipt of the written
446	notice of the rule which it finds are feasible and consistent
447	with the stated objectives of the proposed rule and which would
448	reduce the impact on small businesses. When regulatory
449	alternatives are offered by the Small Business Regulatory
450	Advisory Council small business ombudsman, the 90-day period for
451	filing the rule in subparagraph (e)2. is extended for a period
452	of 21 days.
453	(III)  If an agency does not adopt all alternatives offered
454	pursuant to this sub-subparagraph, it shall, prior to rule
455	adoption or amendment and pursuant to subparagraph (d)1., file a
456	detailed written statement with the committee explaining the
457	reasons for failure to adopt such alternatives. Within 3 working
458	days of the filing of such notice, the agency shall send a copy
459	of such notice to the Small Business Regulatory Advisory Council
460	small business ombudsman. The Small Business Regulatory Advisory
461	Council may make a request of the President of the Senate and
462	the Speaker of the House of Representatives that the presiding
463	officers direct the Office of Program Policy Analysis and
464	Government Accountability to determine whether the rejected
465	alternatives reduce the impact on small business while meeting
466	the stated objectives of the proposed rule. Within 60 days after
467	the date of the directive from the presiding officers, the
468	Office of Program Policy Analysis and Government Accountability
469	shall report to the Administrative Procedures Committee its
470	findings as to whether an alternative reduces the impact on
471	small business while meeting the stated objectives of the
472	proposed rule. The Office of Program Policy Analysis and
473	Government Accountability shall consider the proposed rule, the
474	economic impact statement, the written statement of the agency,
475	the proposed alternatives, and any comment submitted during the
476	comment period on the proposed rule. The Office of Program
477	Policy Analysis and Government Accountability shall submit a
478	report of its findings and recommendations to the Governor, the
479	President of the Senate, and the Speaker of the House of
480	Representatives. The Administrative Procedures Committee shall
481	report such findings to the agency, and the agency shall respond
482	in writing to the Administrative Procedures Committee if the
483	Office of Program Policy Analysis and Government Accountability
484	found that the alternative reduced the impact on small business
485	while meeting the stated objectives of the proposed rule. If the
486	agency will not adopt the alternative, it must also provide a
487	detailed written statement to the Administrative Procedures
488	Committee as to why it will not adopt the alternative.
489	Section 7.  Paragraph (g) is added to subsection (1) of
490	section 120.74, Florida Statutes, and subsection (2) of that
491	section is amended, to read:
492	120.74  Agency review, revision, and report.--
493	(1)  Each agency shall review and revise its rules as often
494	as necessary to ensure that its rules are correct and comply
495	with statutory requirements. Additionally, each agency shall
496	perform a formal review of its rules every 2 years. In the
497	review, each agency must:
498	(g)  Determine whether the rules should be continued
499	without change or should be amended or repealed to reduce the
500	impact on small business while meeting the stated objectives of
501	the proposed rule.
502	(2)  Beginning October 1, 1997, and By October 1 of every
503	odd-numbered other year thereafter, the head of each agency
504	shall file a report with the President of the Senate, the
505	Speaker of the House of Representatives, and the committee, with
506	a copy to each appropriate standing committee of the
507	Legislature, which certifies that the agency has complied with
508	the requirements of this subsection. The report must specify any
509	changes made to its rules as a result of the review and, when
510	appropriate, recommend statutory changes that will promote
511	efficiency, reduce paperwork, or decrease costs to government
512	and the private sector. The report must specifically address the
513	economic impact of the rules on small business. The report must
514	identify the types of cases or disputes in which the agency is
515	involved which should be conducted under the summary hearing
516	process described in s. 120.574.
517	Section 8.  Subsection (5) of section 220.191, Florida
518	Statutes, is amended to read:
519	220.191  Capital investment tax credit.--
520	(5)  Applications shall be reviewed pursuant to s. 288.061.
521	The office, upon a recommendation by Enterprise Florida, Inc.,
522	shall first certify a business as eligible to receive tax
523	credits pursuant to this section prior to the commencement of
524	operations of a qualifying project, and such certification shall
525	be transmitted to the Department of Revenue. Upon receipt of the
526	certification, the Department of Revenue shall enter into a
527	written agreement with the qualifying business specifying, at a
528	minimum, the method by which income generated by or arising out
529	of the qualifying project will be determined.
530	Section 9.  Section 288.061, Florida Statutes, is created
531	to read:
532	288.061  Economic development incentive application
533	process.--
534	(1)  In order to expedite and provide a timely review for
535	the certification of economic development incentive
536	applications, Enterprise Florida, Inc., shall review each
537	submitted application and inform the applicant business whether
538	or not its application is complete within 10 working days. Once
539	the application is deemed complete, Enterprise Florida, Inc.,
540	has 10 working days to evaluate the application and recommend
541	approval or disapproval of the application to the director of
542	the Office of Tourism, Trade, and Economic Development. In
543	recommending an applicant business for approval, Enterprise
544	Florida, Inc., shall include in its evaluation a recommended
545	grant award amount and a review of the applicant's ability to
546	meet specific program criteria.
547	(2)  Upon receipt of the evaluation and recommendation of
548	Enterprise Florida, Inc., the Office of Tourism, Trade, and
549	Economic Development has 10 calendar days to notify Enterprise
550	Florida, Inc., if the application is not complete. The director
551	has 35 calendar days from the time the recommendation was
552	received from Enterprise Florida, Inc., to review the
553	application and issue a letter of certification to the applicant
554	that either approves or disapproves an applicant business that
555	includes justification, unless the business requests an
556	extension of the time. The final order shall specify the total
557	amount of the award, the performance conditions that must be met
558	to obtain the award, and the schedule for payment.
559	Section 10.  Subsection (4) of section 288.063, Florida
560	Statutes, is amended to read:
561	288.063  Contracts for transportation projects.--
562	(4)  The Office of Tourism, Trade, and Economic Development
563	may adopt criteria by which transportation projects are to be
564	specified and identified in accordance with s. 288.061. In
565	approving transportation projects for funding, the Office of
566	Tourism, Trade, and Economic Development shall consider factors
567	including, but not limited to, the cost per job created or
568	retained considering the amount of transportation funds
569	requested; the average hourly rate of wages for jobs created;
570	the reliance on the program as an inducement for the project's
571	location decision; the amount of capital investment to be made
572	by the business; the demonstrated local commitment; the location
573	of the project in an enterprise zone designated pursuant to s.
574	290.0055; the location of the project in a spaceport territory
575	as defined in s. 331.304; the unemployment rate of the
576	surrounding area; the poverty rate of the community; and the
577	adoption of an economic element as part of its local
578	comprehensive plan in accordance with s. 163.3177(7)(j). The
579	Office of Tourism, Trade, and Economic Development may contact
580	any agency it deems appropriate for additional input regarding
581	the approval of projects.
582	Section 11.  Subsection (2) of section 288.065, Florida
583	Statutes, is amended to read:
584	288.065  Rural Community Development Revolving Loan Fund.--
585	(2)  The program shall provide for long-term loans, loan
586	guarantees, and loan loss reserves to units of local
587	governments, or economic development organizations substantially
588	underwritten by a unit of local government, within counties with
589	populations of 75,000 or less, or any county that has a
590	population of 120,000 100,000 or less and is contiguous to a
591	county with a population of 75,000 or less, as determined by the
592	most recent official estimate pursuant to s. 186.901, residing
593	in incorporated and unincorporated areas of the county, or to
594	units of local government, or economic development organizations
595	substantially underwritten by a unit of local government, within
596	a rural area of critical economic concern. Requests for loans
597	shall be made by application to the Office of Tourism, Trade,
598	and Economic Development. Loans shall be made pursuant to
599	agreements specifying the terms and conditions agreed to between
600	the applicant and the Office of Tourism, Trade, and Economic
601	Development. The loans shall be the legal obligations of the
602	applicant. All repayments of principal and interest shall be
603	returned to the loan fund and made available for loans to other
604	applicants. However, in a rural area of critical economic
605	concern designated by the Governor, and upon approval by the
606	Office of Tourism, Trade, and Economic Development, repayments
607	of principal and interest may be retained by the applicant if
608	such repayments are dedicated and matched to fund regionally
609	based economic development organizations representing the rural
610	area of critical economic concern.
611	Section 12.  Paragraphs (b) and (e) of subsection (2) and
612	subsection (3) of section 288.0655, Florida Statutes, are
613	amended to read:
614	288.0655  Rural Infrastructure Fund.--
615	(2)
616	(b)  To facilitate access of rural communities and rural
617	areas of critical economic concern as defined by the Rural
618	Economic Development Initiative to infrastructure funding
619	programs of the Federal Government, such as those offered by the
620	United States Department of Agriculture and the United States
621	Department of Commerce, and state programs, including those
622	offered by Rural Economic Development Initiative agencies, and
623	to facilitate local government or private infrastructure funding
624	efforts, the office may award grants for up to 30 percent of the
625	total infrastructure project cost. If an application for funding
626	is for a catalyst site, as defined in s. 288.0656, the office
627	may award grants for up to 40 percent of the total
628	infrastructure project cost. Eligible projects must be related
629	to specific job-creation or job-retention opportunities.
630	Eligible projects may also include improving any inadequate
631	infrastructure that has resulted in regulatory action that
632	prohibits economic or community growth or reducing the costs to
633	community users of proposed infrastructure improvements that
634	exceed such costs in comparable communities. Eligible uses of
635	funds shall include improvements to public infrastructure for
636	industrial or commercial sites and upgrades to or development of
637	public tourism infrastructure. Authorized infrastructure may
638	include the following public or public-private partnership
639	facilities: storm water systems; telecommunications facilities;
640	broadband; roads or other remedies to transportation
641	impediments; nature-based tourism facilities; or other physical
642	requirements necessary to facilitate tourism, trade, and
643	economic development activities in the community. Authorized
644	infrastructure may also include publicly or privately owned
645	self-powered nature-based tourism facilities;
646	telecommunications; broadband; and additions to the distribution
647	facilities of the existing natural gas utility as defined in s.
648	366.04(3)(c), the existing electric utility as defined in s.
649	366.02, or the existing water or wastewater utility as defined
650	in s. 367.021(12), or any other existing water or wastewater
651	facility, which owns a gas or electric distribution system or a
652	water or wastewater system in this state where:
653	1.  A contribution-in-aid of construction is required to
654	serve public or public-private partnership facilities under the
655	tariffs of any natural gas, electric, water, or wastewater
656	utility as defined herein; and
657	2.  Such utilities as defined herein are willing and able
658	to provide such service.
659	(e)  To enable local governments to access the resources
660	available pursuant to s. 403.973(19), the office may award
661	grants for surveys, feasibility studies, and other activities
662	related to the identification and preclearance review of land
663	which is suitable for preclearance review. Authorized grants
664	under this paragraph shall not exceed $75,000 each, except in
665	the case of a project in a rural area of critical economic
666	concern, in which case the grant shall not exceed $300,000. Any
667	funds awarded under this paragraph must be matched at a level of
668	50 percent with local funds, except that any funds awarded for a
669	project in a rural area of critical economic concern must be
670	matched at a level of 33 percent with local funds. If an
671	application for funding is for a catalyst site, as defined in s.
672	288.0656, the requirement for local match may be waived. In
673	evaluating applications under this paragraph, the office shall
674	consider the extent to which the application seeks to minimize
675	administrative and consultant expenses.
676	(3)  The office, in consultation with Enterprise Florida,
677	Inc., VISIT Florida, the Department of Environmental Protection,
678	and the Florida Fish and Wildlife Conservation Commission, as
679	appropriate, shall review applications pursuant to s. 288.061
680	and evaluate the economic benefit of the projects and their
681	long-term viability. The office shall have final approval for
682	any grant under this section and must make a grant decision
683	within 30 days of receiving a completed application.
684	Section 13.  Section 288.0656, Florida Statutes, is amended
685	to read:
686	288.0656  Rural Economic Development Initiative.--
687	(1)(a)  Recognizing that rural communities and regions
688	continue to face extraordinary challenges in their efforts to
689	achieve significant improvements to their economies,
690	specifically in terms of personal income, job creation, average
691	wages, and strong tax bases, it is the intent of the Legislature
692	to encourage and facilitate the location and expansion in such
693	rural communities of major economic development projects of
694	significant scale.
695	(b)  The Rural Economic Development Initiative, known as
696	"REDI," is created within the Office of Tourism, Trade, and
697	Economic Development, and the participation of state and
698	regional agencies in this initiative is authorized.
699	(2)  As used in this section, the term:
700	(a)  "Catalyst project" means a business locating or
701	expanding in a rural area of critical economic concern that is
702	likely to serve as an economic growth opportunity of regional
703	significance for the growth of an existing or emerging industry
704	cluster that will facilitate the development of high-wage and
705	high-skill jobs.
706	(b)  "Catalyst site" means a parcel or parcels of land
707	within a rural area of critical economic concern that has been
708	prioritized by representatives of the jurisdictions within the
709	rural area of critical economic concern, reviewed by REDI, and
710	approved by the Office of Tourism, Trade, and Economic
711	Development for purposes of locating a catalyst project.
712	(c)(a)  "Economic distress" means conditions affecting the
713	fiscal and economic viability of a rural community, including
714	such factors as low per capita income, low per capita taxable
715	values, high unemployment, high underemployment, low weekly
716	earned wages compared to the state average, low housing values
717	compared to the state average, high percentages of the
718	population receiving public assistance, high poverty levels
719	compared to the state average, and a lack of year-round stable
720	employment opportunities.
721	(d)  "Rural area of critical economic concern" means a
722	rural community, or a region composed of rural communities,
723	designated by the Governor, that has been adversely affected by
724	an extraordinary economic event, severe or chronic distress, or
725	a natural disaster or that presents a unique economic
726	development opportunity of regional impact.
727	(e)(b)  "Rural community" means:
728	1.  A county with a population of 75,000 or less.
729	2.  A county with a population of 120,000 100,000 or less
730	that is contiguous to a county with a population of 75,000 or
731	less.
732	3.  A municipality within a county described in
733	subparagraph 1. or subparagraph 2.
734	4.  An unincorporated federal enterprise community or an
735	incorporated rural city with a population of 25,000 or less and
736	an employment base focused on traditional agricultural or
737	resource-based industries, located in a county not defined as
738	rural, which has at least three or more of the economic distress
739	factors identified in paragraph (a) and verified by the Office
740	of Tourism, Trade, and Economic Development.
741
742	For purposes of this paragraph, population shall be determined
743	in accordance with the most recent official estimate pursuant to
744	s. 186.901.
745	(3)  REDI shall be responsible for coordinating and
746	focusing the efforts and resources of state and regional
747	agencies on the problems which affect the fiscal, economic, and
748	community viability of Florida's economically distressed rural
749	communities, working with local governments, community-based
750	organizations, and private organizations that have an interest
751	in the growth and development of these communities to find ways
752	to balance environmental and growth management issues with local
753	needs.
754	(4)  REDI shall review and evaluate the impact of statutes
755	and rules on rural communities and shall work to minimize any
756	adverse impact and undertake outreach and capacity building
757	efforts.
758	(5)  REDI shall facilitate better access to state resources
759	by promoting direct access and referrals to appropriate state
760	and regional agencies and statewide organizations. REDI may
761	undertake outreach, capacity-building, and other advocacy
762	efforts to improve conditions in rural communities. These
763	activities may include sponsorship of conferences and
764	achievement awards.
765	(6)(a)  By August 1 of each year, the head of each of the
766	following agencies and organizations shall designate a high-
767	level staff person from within the agency or organization to
768	serve as the REDI representative for the agency or organization:
769	1.  The Department of Community Affairs.
770	2.  The Department of Transportation.
771	3.  The Department of Environmental Protection.
772	4.  The Department of Agriculture and Consumer Services.
773	5.  The Department of State.
774	6.  The Department of Health.
775	7.  The Department of Children and Family Services.
776	8.  The Department of Corrections.
777	9.  The Agency for Workforce Innovation.
778	10.  The Department of Education.
779	11.  The Department of Juvenile Justice.
780	12.  The Fish and Wildlife Conservation Commission.
781	13.  Each water management district.
782	14.  Enterprise Florida, Inc.
783	15.  Workforce Florida, Inc.
784	16.  The Florida Commission on Tourism or VISIT Florida.
785	17.  The Florida Regional Planning Council Association.
786	18.  The Agency for Health Care Administration Florida
787	State Rural Development Council.
788	19.  The Institute of Food and Agricultural Sciences
789	(IFAS).
790
791	An alternate for each designee shall also be chosen, and the
792	names of the designees and alternates shall be sent to the
793	director of the Office of Tourism, Trade, and Economic
794	Development.
795	(b)  Each REDI representative must have comprehensive
796	knowledge of his or her agency's functions, both regulatory and
797	service in nature, and of the state's economic goals, policies,
798	and programs. This person shall be the primary point of contact
799	for his or her agency with REDI on issues and projects relating
800	to economically distressed rural communities and with regard to
801	expediting project review, shall ensure a prompt effective
802	response to problems arising with regard to rural issues, and
803	shall work closely with the other REDI representatives in the
804	identification of opportunities for preferential awards of
805	program funds and allowances and waiver of program requirements
806	when necessary to encourage and facilitate long-term private
807	capital investment and job creation.
808	(c)  The REDI representatives shall work with REDI in the
809	review and evaluation of statutes and rules for adverse impact
810	on rural communities and the development of alternative
811	proposals to mitigate that impact.
812	(d)  Each REDI representative shall be responsible for
813	ensuring that each district office or facility of his or her
814	agency is informed about the Rural Economic Development
815	Initiative and for providing assistance throughout the agency in
816	the implementation of REDI activities.
817	(7)(a)  REDI may recommend to the Governor up to three
818	rural areas of critical economic concern. A rural area of
819	critical economic concern must be a rural community, or a region
820	composed of such, that has been adversely affected by an
821	extraordinary economic event or a natural disaster or that
822	presents a unique economic development opportunity of regional
823	impact that will create more than 1,000 jobs over a 5-year
824	period. The Governor may by executive order designate up to
825	three rural areas of critical economic concern which will
826	establish these areas as priority assignments for REDI as well
827	as to allow the Governor, acting through REDI, to waive
828	criteria, requirements, or similar provisions of any economic
829	development incentive. Such incentives shall include, but not be
830	limited to: the Qualified Target Industry Tax Refund Program
831	under s. 288.106, the Quick Response Training Program under s.
832	288.047, the Quick Response Training Program for participants in
833	the welfare transition program under s. 288.047(8),
834	transportation projects under s. 288.063, the brownfield
835	redevelopment bonus refund under s. 288.107, and the rural job
836	tax credit program under ss. 212.098 and 220.1895.
837	(b)  Designation as a rural area of critical economic
838	concern under this subsection shall be contingent upon the
839	execution of a memorandum of agreement among the Office of
840	Tourism, Trade, and Economic Development; the governing body of
841	the county; and the governing bodies of any municipalities to be
842	included within a rural area of critical economic concern. Such
843	agreement shall specify the terms and conditions of the
844	designation, including, but not limited to, the duties and
845	responsibilities of the county and any participating
846	municipalities to take actions designed to facilitate the
847	retention and expansion of existing businesses in the area, as
848	well as the recruitment of new businesses to the area.
849	(c)  Each rural area of critical economic concern may
850	designate catalyst projects, provided that each catalyst project
851	is specifically recommended by REDI, identified as a catalyst
852	project by Enterprise Florida, Inc., and confirmed as a catalyst
853	project by the Office of Tourism, Trade, and Economic
854	Development. All state agencies and departments shall use all
855	available tools and resources to the extent permissible by law
856	to promote the creation and development of each catalyst project
857	and the development of catalyst sites.
858	(8)  REDI shall assist local governments within rural areas
859	of critical economic concern with comprehensive planning needs
860	with efforts that further the provisions of this section. Such
861	assistance shall reflect a multidisciplinary approach among all
862	agencies and shall include economic development and planning
863	objectives.
864	(a)  A local government may request assistance in the
865	preparation of comprehensive plan amendments, pursuant to part
866	II of chapter 163, that will stimulate economic activity.
867	1.  The local government must contact the Office of
868	Tourism, Trade, and Economic Development to request assistance.
869	2.  REDI representatives shall meet with the local
870	government within 15 days after such request to develop the
871	scope of assistance that will be provided to assist the
872	development, transmittal, and adoption of the proposed
873	comprehensive plan amendment.
874	3.  As part of the assistance provided, REDI
875	representatives shall also identify other needed local and
876	developer actions for approval of the project and recommend a
877	timeline for the local government and developer that will
878	minimize project delays.
879	(b)  In addition, REDI shall solicit requests each year for
880	assistance from local governments within a rural area of
881	critical economic concern to update the future land use element
882	and other associated elements of the local government's
883	comprehensive plan to better position the community to respond
884	to economic development potential within the county or
885	municipality. REDI shall provide direct assistance to such local
886	governments to update their comprehensive plans pursuant to this
887	paragraph. At least one comprehensive planning technical
888	assistance effort shall be selected each year.
889	(c)  REDI shall develop and annually update a technical
890	assistance manual based upon experiences learned in providing
891	direct assistance under this subsection.
892	(9)(8)  REDI shall submit a report to the Governor, the
893	President of the Senate, and the Speaker of the House of
894	Representatives each year on or before September February 1 on
895	all REDI activities for the prior fiscal year. This report shall
896	include a status report on all projects currently being
897	coordinated through REDI, the number of preferential awards and
898	allowances made pursuant to this section, the dollar amount of
899	such awards, and the names of the recipients. The report shall
900	also include a description of all waivers of program
901	requirements granted. The report shall also include information
902	as to the economic impact of the projects coordinated by REDI.
903	Section 14.  Subsection (1) of section 288.0657, Florida
904	Statutes, is amended to read:
905	288.0657  Florida rural economic development strategy
906	grants.--
907	(1)  As used in this section, the term "rural community"
908	means:
909	(a)  A county with a population of 75,000 or less.
910	(b)  A county with a population of 120,000 100,000 or less
911	that is contiguous to a county with a population of 75,000 or
912	less.
913	(c)  A municipality within a county described in paragraph
914	(a) or paragraph (b).
915
916	For purposes of this subsection, population shall be determined
917	in accordance with the most recent official estimate pursuant to
918	s. 186.901.
919	Section 15.  Paragraphs (b), (c), and (f) of subsection
920	(2), paragraphs (b), (c), (d), (g), and (h) of subsection (3),
921	paragraph (c) of subsection (5), paragraphs (d) and (e) of
922	subsection (6), and subsection (8) of section 288.1045, Florida
923	Statutes, are amended to read:
924	288.1045  Qualified defense contractor tax refund
925	program.--
926	(2)  GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.--
927	(b)  Upon approval by the director, a qualified defense
928	contractor business shall be allowed tax refund payments equal
929	to $3,000 times the number of jobs specified in the tax refund
930	agreement under subparagraph (4)(a)1. or equal to $6,000 times
931	the number of jobs if the project is located in a rural county
932	or an enterprise zone. Further, a qualified defense contractor
933	business shall be allowed additional tax refund payments equal
934	to $1,000 times the number of jobs specified in the tax refund
935	agreement under subparagraph (4)(a)1. if such jobs pay an annual
936	average wage of at least 150 percent of the average private
937	sector wage in the area or equal to $2,000 times the number of
938	jobs if such jobs pay an annual average wage of at least 200
939	percent of the average private sector wage in the area A
940	qualified applicant may not be qualified for any project to
941	receive more than $5,000 times the number of jobs provided in
942	the tax refund agreement pursuant to subparagraph (4)(a)1. A
943	qualified applicant may not receive refunds of more than 25
944	percent of the total tax refunds provided in the tax refund
945	agreement pursuant to subparagraph (4)(a)1. in any fiscal year,
946	provided that no qualified applicant may receive more than $2.5
947	million in tax refunds pursuant to this section in any fiscal
948	year.
949	(c)  A qualified applicant may not receive more than $5
950	$7.5 million in tax refunds pursuant to this section in all
951	fiscal years.
952	(f)  After entering into a tax refund agreement pursuant to
953	subsection (4), a qualified applicant may:
954	1.  Receive refunds from the account for corporate income
955	taxes due and paid pursuant to chapter 220 by that business
956	beginning with the first taxable year of the business which
957	begins after entering into the agreement.
958	2.  Receive funds from the General Revenue Fund and the
959	Economic Development Trust Fund for the following taxes due and
960	paid by that business the qualified applicant beginning with the
961	applicant's first taxable year that begins after entering into
962	the agreement:
963	a.1.  Taxes on sales, use, and other transactions paid
964	pursuant to chapter 212.
965	2.  Corporate income taxes paid pursuant to chapter 220.
966	b.3.  Intangible personal property taxes paid pursuant to
967	chapter 199.
968	c.4.  Emergency excise taxes paid pursuant to chapter 221.
969	d.5.  Excise taxes paid on documents pursuant to chapter
970	201.
971	e.6.  Ad valorem taxes paid, as defined in s. 220.03(1)(a)
972	on June 1, 1996.
973	f.7.  State communications services taxes administered
974	under chapter 202. This provision does not apply to the gross
975	receipts tax imposed under chapter 203 and administered under
976	chapter 202 or the local communications services tax authorized
977	under s. 202.19.
978
979	However, a qualified applicant may not receive a tax refund
980	pursuant to this section for any amount of credit, refund, or
981	exemption granted such contractor for any of such taxes. If a
982	refund for such taxes is provided by the office, which taxes are
983	subsequently adjusted by the application of any credit, refund,
984	or exemption granted to the qualified applicant other than that
985	provided in this section, the qualified applicant shall
986	reimburse the Economic Development Trust Fund for the amount of
987	such credit, refund, or exemption. A qualified applicant must
988	notify and tender payment to the office within 20 days after
989	receiving a credit, refund, or exemption, other than that
990	provided in this section. The addition of communications
991	services taxes administered under chapter 202 is remedial in
992	nature and retroactive to October 1, 2001. The office may make
993	supplemental tax refund payments to allow for tax refunds for
994	communications services taxes paid by an eligible qualified
995	defense contractor after October 1, 2001.
996	(3)  APPLICATION PROCESS; REQUIREMENTS; AGENCY
997	DETERMINATION.--
998	(b)  Applications for certification based on the
999	consolidation of a Department of Defense contract or a new
1000	Department of Defense contract must be submitted to the office
1001	as prescribed by the office and must include, but are not
1002	limited to, the following information:
1003	1.  The applicant's federal employer identification number,
1004	the applicant's Florida sales tax registration number, and a
1005	notarized signature of an officer of the applicant.
1006	2.  The permanent location of the manufacturing,
1007	assembling, fabricating, research, development, or design
1008	facility in this state at which the project is or is to be
1009	located.
1010	3.  The Department of Defense contract numbers of the
1011	contract to be consolidated, the new Department of Defense
1012	contract number, or the "RFP" number of a proposed Department of
1013	Defense contract.
1014	4.  The date the contract was executed or is expected to be
1015	executed, and the date the contract is due to expire or is
1016	expected to expire.
1017	5.  The commencement date for project operations under the
1018	contract in this state.
1019	6.  The number of net new full-time equivalent Florida jobs
1020	included in the project as of December 31 of each year and the
1021	average wage of such jobs.
1022	7.  The total number of full-time equivalent employees
1023	employed by the applicant in this state.
1024	8.  The percentage of the applicant's gross receipts
1025	derived from Department of Defense contracts during the 5
1026	taxable years immediately preceding the date the application is
1027	submitted.
1028	9.  The number of full-time equivalent jobs in this state
1029	to be retained by the project.
1030	10.  The estimated amount of tax refunds to be claimed for
1031	each fiscal year.
1032	10.11.  A brief statement concerning the applicant's need
1033	for tax refunds, and the proposed uses of such refunds by the
1034	applicant.
1035	11.12.  A resolution adopted by the governing board county
1036	commissioners of the county or municipality in which the project
1037	will be located, which recommends the applicant be approved as a
1038	qualified applicant, and which indicates that the necessary
1039	commitments of local financial support for the applicant exist.
1040	Prior to the adoption of the resolution, the county commission
1041	may review the proposed public or private sources of such
1042	support and determine whether the proposed sources of local
1043	financial support can be provided or, for any applicant whose
1044	project is located in a county designated by the Rural Economic
1045	Development Initiative, a resolution adopted by the county
1046	commissioners of such county requesting that the applicant's
1047	project be exempt from the local financial support requirement.
1048	12.13.  Any additional information requested by the office.
1049	(c)  Applications for certification based on the conversion
1050	of defense production jobs to nondefense production jobs must be
1051	submitted to the office as prescribed by the office and must
1052	include, but are not limited to, the following information:
1053	1.  The applicant's federal employer identification number,
1054	the applicant's Florida sales tax registration number, and a
1055	notarized signature of an officer of the applicant.
1056	2.  The permanent location of the manufacturing,
1057	assembling, fabricating, research, development, or design
1058	facility in this state at which the project is or is to be
1059	located.
1060	3.  The Department of Defense contract numbers of the
1061	contract under which the defense production jobs will be
1062	converted to nondefense production jobs.
1063	4.  The date the contract was executed, and the date the
1064	contract is due to expire or is expected to expire, or was
1065	canceled.
1066	5.  The commencement date for the nondefense production
1067	operations in this state.
1068	6.  The number of net new full-time equivalent Florida jobs
1069	included in the nondefense production project as of December 31
1070	of each year and the average wage of such jobs.
1071	7.  The total number of full-time equivalent employees
1072	employed by the applicant in this state.
1073	8.  The percentage of the applicant's gross receipts
1074	derived from Department of Defense contracts during the 5
1075	taxable years immediately preceding the date the application is
1076	submitted.
1077	9.  The number of full-time equivalent jobs in this state
1078	to be retained by the project.
1079	10.  The estimated amount of tax refunds to be claimed for
1080	each fiscal year.
1081	10.11.  A brief statement concerning the applicant's need
1082	for tax refunds, and the proposed uses of such refunds by the
1083	applicant.
1084	11.12.  A resolution adopted by the governing board county
1085	commissioners of the county or municipality in which the project
1086	will be located, which recommends the applicant be approved as a
1087	qualified applicant, and which indicates that the necessary
1088	commitments of local financial support for the applicant exist.
1089	Prior to the adoption of the resolution, the county commission
1090	may review the proposed public or private sources of such
1091	support and determine whether the proposed sources of local
1092	financial support can be provided or, for any applicant whose
1093	project is located in a county designated by the Rural Economic
1094	Development Initiative, a resolution adopted by the county
1095	commissioners of such county requesting that the applicant's
1096	project be exempt from the local financial support requirement.
1097	12.13.  Any additional information requested by the office.
1098	(d)  Applications for certification based on a contract for
1099	reuse of a defense-related facility must be submitted to the
1100	office as prescribed by the office and must include, but are not
1101	limited to, the following information:
1102	1.  The applicant's Florida sales tax registration number
1103	and a notarized signature of an officer of the applicant.
1104	2.  The permanent location of the manufacturing,
1105	assembling, fabricating, research, development, or design
1106	facility in this state at which the project is or is to be
1107	located.
1108	3.  The business entity holding a valid Department of
1109	Defense contract or branch of the Armed Forces of the United
1110	States that previously occupied the facility, and the date such
1111	entity last occupied the facility.
1112	4.  A copy of the contract to reuse the facility, or such
1113	alternative proof as may be prescribed by the office that the
1114	applicant is seeking to contract for the reuse of such facility.
1115	5.  The date the contract to reuse the facility was
1116	executed or is expected to be executed, and the date the
1117	contract is due to expire or is expected to expire.
1118	6.  The commencement date for project operations under the
1119	contract in this state.
1120	7.  The number of net new full-time equivalent Florida jobs
1121	included in the project as of December 31 of each year and the
1122	average wage of such jobs.
1123	8.  The total number of full-time equivalent employees
1124	employed by the applicant in this state.
1125	9.  The number of full-time equivalent jobs in this state
1126	to be retained by the project.
1127	10.  The estimated amount of tax refunds to be claimed for
1128	each fiscal year.
1129	10.11.  A brief statement concerning the applicant's need
1130	for tax refunds, and the proposed uses of such refunds by the
1131	applicant.
1132	11.12.  A resolution adopted by the governing board county
1133	commissioners of the county or municipality in which the project
1134	will be located, which recommends the applicant be approved as a
1135	qualified applicant, and which indicates that the necessary
1136	commitments of local financial support for the applicant exist.
1137	Prior to the adoption of the resolution, the county commission
1138	may review the proposed public or private sources of such
1139	support and determine whether the proposed sources of local
1140	financial support can be provided or, for any applicant whose
1141	project is located in a county designated by the Rural Economic
1142	Development Initiative, a resolution adopted by the county
1143	commissioners of such county requesting that the applicant's
1144	project be exempt from the local financial support requirement.
1145	12.13.  Any additional information requested by the office.
1146	(g)  Applications shall be approved pursuant to s. 288.061.
1147	If appropriate, the director shall enter into a written
1148	agreement with the qualified applicant pursuant to subsection
1149	(4). The office shall forward its written findings and
1150	evaluation on each application meeting the requirements of
1151	paragraphs (b) and (e), paragraphs (c) and (e), or paragraphs
1152	(d) and (e) to the director within 60 calendar days after
1153	receipt of a complete application. The office shall notify each
1154	applicant when its application is complete, and when the 60-day
1155	period begins. In its written report to the director, the office
1156	shall specifically address each of the factors specified in
1157	paragraph (f), and shall make a specific assessment with respect
1158	to the minimum requirements established in paragraph (e). The
1159	office shall include in its report projections of the tax
1160	refunds the applicant would be eligible to receive in each
1161	fiscal year based on the creation and maintenance of the net new
1162	Florida jobs specified in subparagraph (b)6., subparagraph
1163	(c)6., or subparagraph (d)7. as of December 31 of the preceding
1164	state fiscal year.
1165	(h)  Within 30 days after receipt of the office's findings
1166	and evaluation, the director shall issue a letter of
1167	certification which either approves or disapproves an
1168	application. The decision must be in writing and provide the
1169	justifications for either approval or disapproval. If
1170	appropriate, the director shall enter into a written agreement
1171	with the qualified applicant pursuant to subsection (4).
1172	(5)  ANNUAL CLAIM FOR REFUND FROM A QUALIFIED DEFENSE
1173	CONTRACTOR.--
1174	(c)  A tax refund may not be approved for any qualified
1175	applicant unless local financial support has been paid to the
1176	Economic Development Trust Fund for that refund. If the local
1177	financial support is less than 20 percent of the approved tax
1178	refund, the tax refund shall be reduced. The tax refund paid may
1179	not exceed 5 times the local financial support received. Funding
1180	from local sources includes tax abatement under s. 196.1995 or
1181	the appraised market value of municipal or county land,
1182	including any improvements or structures, conveyed or provided
1183	at a discount through a sale or lease to that provided to a
1184	qualified applicant. The amount of any tax refund for an
1185	applicant approved under this section shall be reduced by the
1186	amount of any such tax abatement granted or the value of the
1187	land granted, including the value of any improvements or
1188	structures;, and the limitations in subsection (2) and paragraph
1189	(3)(h) shall be reduced by the amount of any such tax abatement
1190	or the value of the land granted, including any improvements or
1191	structures. A report listing all sources of the local financial
1192	support shall be provided to the office when such support is
1193	paid to the Economic Development Trust Fund.
1194	(6)  ADMINISTRATION.--
1195	(d)  By December 1 of each year, the office shall submit a
1196	complete and detailed report to the Governor, the President of
1197	the Senate, and the Speaker of the House of Representatives of
1198	all tax refunds paid under this section, including analyses of
1199	benefits and costs, types of projects supported, employment and
1200	investment created, geographic distribution of tax refunds
1201	granted, and minority business participation. The report must
1202	indicate whether the moneys appropriated by the Legislature to
1203	the qualified applicant tax refund program were expended in a
1204	prudent, fiducially sound manner.
1205	(d)(e)  Funds specifically appropriated for the tax refund
1206	program under this section may not be used for any purpose other
1207	than the payment of tax refunds authorized by this section.
1208	(8)  EXPIRATION.--An applicant may not be certified as
1209	qualified under this section after June 30, 2014 2010. A tax
1210	refund agreement existing on that date shall continue in effect
1211	in accordance with its terms.
1212	Section 16.  Section 288.106, Florida Statutes, is amended
1213	to read:
1214	288.106  Tax refund program for qualified target industry
1215	businesses.--
1216	(1)  DEFINITIONS.--As used in this section:
1217	(a)  "Account" means the Economic Development Incentives
1218	Account within the Economic Development Trust Fund established
1219	under s. 288.095.
1220	(b)  "Average private sector wage in the area" means the
1221	statewide private sector average wage or the average of all
1222	private sector wages and salaries in the county or in the
1223	standard metropolitan area in which the business is located.
1224	(c)  "Business" means an employing unit, as defined in s.
1225	443.036, which is registered for unemployment compensation
1226	purposes with the state agency providing unemployment tax
1227	collection services under contract with the Agency for Workforce
1228	Innovation through an interagency agreement pursuant to s.
1229	443.1316, or a subcategory or division of an employing unit
1230	which is accepted by the state agency providing unemployment tax
1231	collection services as a reporting unit.
1232	(d)  "Corporate headquarters business" means an
1233	international, national, or regional headquarters office of a
1234	multinational or multistate business enterprise or national
1235	trade association, whether separate from or connected with other
1236	facilities used by such business.
1237	(e)  "Office" means the Office of Tourism, Trade, and
1238	Economic Development.
1239	(f)  "Enterprise zone" means an area designated as an
1240	enterprise zone pursuant to s. 290.0065.
1241	(g)  "Expansion of an existing business" means the
1242	expansion of an existing Florida business by or through
1243	additions to real and personal property, resulting in a net
1244	increase in employment of not less than 10 percent at such
1245	business.
1246	(h)  "Fiscal year" means the fiscal year of the state.
1247	(i)  "Jobs" means full-time equivalent positions, as that
1248	term is consistent with terms used by the Agency for Workforce
1249	Innovation and the United States Department of Labor for
1250	purposes of unemployment compensation tax administration and
1251	employment estimation, resulting directly from a project in this
1252	state. The term does not include temporary construction jobs
1253	involved with the construction of facilities for the project or
1254	any jobs previously included in any application for tax refunds
1255	under s. 288.1045 or this section.
1256	(j)  "Local financial support" means funding from local
1257	sources, public or private, which is paid to the Economic
1258	Development Trust Fund and which is equal to 20 percent of the
1259	annual tax refund for a qualified target industry business. A
1260	qualified target industry business may not provide, directly or
1261	indirectly, more than 5 percent of such funding in any fiscal
1262	year. The sources of such funding may not include, directly or
1263	indirectly, state funds appropriated from the General Revenue
1264	Fund or any state trust fund, excluding tax revenues shared with
1265	local governments pursuant to law.
1266	(k)  "Local financial support exemption option" means the
1267	option to exercise an exemption from the local financial support
1268	requirement available to any applicant whose project is located
1269	in a brownfield area or a county with a population of 75,000 or
1270	fewer or a county with a population of 120,000 100,000 or fewer
1271	which is contiguous to a county with a population of 75,000 or
1272	fewer. Any applicant that exercises this option shall not be
1273	eligible for more than 80 percent of the total tax refunds
1274	allowed such applicant under this section.
1275	(l)  "New business" means a business which heretofore did
1276	not exist in this state, first beginning operations on a site
1277	located in this state and clearly separate from any other
1278	commercial or industrial operations owned by the same business.
1279	(m)  "Project" means the creation of a new business or
1280	expansion of an existing business.
1281	(n)  "Director" means the Director of the Office of
1282	Tourism, Trade, and Economic Development.
1283	(o)  "Target industry business" means a corporate
1284	headquarters business or any business that is engaged in one of
1285	the target industries identified pursuant to the following
1286	criteria developed by the office in consultation with Enterprise
1287	Florida, Inc.:
1288	1.  Future growth.--Industry forecasts should indicate
1289	strong expectation for future growth in both employment and
1290	output, according to the most recent available data. Special
1291	consideration should be given to Florida's growing access to
1292	international markets or to replacing imports.
1293	2.  Stability.--The industry should not be subject to
1294	periodic layoffs, whether due to seasonality or sensitivity to
1295	volatile economic variables such as weather. The industry should
1296	also be relatively resistant to recession, so that the demand
1297	for products of this industry is not necessarily subject to
1298	decline during an economic downturn.
1299	3.  High wage.--The industry should pay relatively high
1300	wages compared to statewide or area averages.
1301	4.  Market and resource independent.--The location of
1302	industry businesses should not be dependent on Florida markets
1303	or resources as indicated by industry analysis except when the
1304	product replaces an imported, nonrenewable energy fuel source or
1305	except when using a renewable resource in the production of
1306	alternative energy. Special consideration should be given to the
1307	development of strong industrial clusters which include defense
1308	and homeland security businesses.
1309	5.  Industrial base diversification and strengthening.--The
1310	industry should contribute toward expanding or diversifying the
1311	state's or area's economic base, as indicated by analysis of
1312	employment and output shares compared to national and regional
1313	trends. Special consideration should be given to industries that
1314	strengthen regional economies by adding value to basic products
1315	or building regional industrial clusters as indicated by
1316	industry analysis.
1317	6.  Economic benefits.--The industry should have strong
1318	positive impacts on or benefits to the state and regional
1319	economies.
1320
1321	The office, in consultation with Enterprise Florida, Inc., shall
1322	develop a list of such target industries annually and submit
1323	such list as part of the final agency legislative budget request
1324	submitted pursuant to s. 216.023(1). A target industry business
1325	may not include any industry engaged in retail activities; any
1326	electrical utility company; any phosphate or other solid
1327	minerals severance, mining, or processing operation; any oil or
1328	gas exploration or production operation except when the product
1329	replaces an imported, nonrenewable energy fuel source; or any
1330	firm subject to regulation by the Division of Hotels and
1331	Restaurants of the Department of Business and Professional
1332	Regulation.
1333	(p)  "Taxable year" means taxable year as defined in s.
1334	220.03(1)(y).
1335	(q)  "Qualified target industry business" means a target
1336	industry business that has been approved by the director to be
1337	eligible for tax refunds pursuant to this section.
1338	(r)  "Rural county" means a county with a population of
1339	75,000 or fewer or a county with a population of 120,000 100,000
1340	or fewer which is contiguous to a county with a population of
1341	75,000 or fewer.
1342	(s)  "Rural city" means a city with a population of 10,000
1343	or less, or a city with a population of greater than 10,000 but
1344	less than 20,000 which has been determined by the Office of
1345	Tourism, Trade, and Economic Development to have economic
1346	characteristics such as, but not limited to, a significant
1347	percentage of residents on public assistance, a significant
1348	percentage of residents with income below the poverty level, or
1349	a significant percentage of the city's employment base in
1350	agriculture-related industries.
1351	(t)  "Rural community" means:
1352	1.  A county with a population of 75,000 or less.
1353	2.  A county with a population of 120,000 100,000 or less
1354	that is contiguous to a county with a population of 75,000 or
1355	less.
1356	3.  A municipality within a county described in
1357	subparagraph 1. or subparagraph 2.
1358
1359	For purposes of this paragraph, population shall be determined
1360	in accordance with the most recent official estimate pursuant to
1361	s. 186.901.
1362	(u)  "Authorized local economic development agency" means
1363	any public or private entity, including those defined in s.
1364	288.075, authorized by a county or municipality to promote the
1365	general business or industrial interests of that county or
1366	municipality.
1367	(2)  TAX REFUND; ELIGIBLE AMOUNTS.--
1368	(a)  There shall be allowed, from the account, a refund to
1369	a qualified target industry business for the amount of eligible
1370	taxes certified by the director which were paid by such
1371	business. The total amount of refunds for all fiscal years for
1372	each qualified target industry business must be determined
1373	pursuant to subsection (3). The annual amount of a refund to a
1374	qualified target industry business must be determined pursuant
1375	to subsection (5).
1376	(b)  Upon approval by the director, a qualified target
1377	industry business shall be allowed tax refund payments equal to
1378	$3,000 times the number of jobs specified in the tax refund
1379	agreement under subparagraph (4)(a)1., or equal to $6,000 times
1380	the number of jobs if the project is located in a rural county
1381	or an enterprise zone. Further, a qualified target industry
1382	business shall be allowed additional tax refund payments equal
1383	to $1,000 times the number of jobs specified in the tax refund
1384	agreement under subparagraph (4)(a)1., if such jobs pay an
1385	annual average wage of at least 150 percent of the average
1386	private sector wage in the area, or equal to $2,000 times the
1387	number of jobs if such jobs pay an annual average wage of at
1388	least 200 percent of the average private sector wage in the
1389	area. A qualified target industry business may not receive
1390	refund payments of more than 25 percent of the total tax refunds
1391	specified in the tax refund agreement under subparagraph
1392	(4)(a)1. in any fiscal year. Further, a qualified target
1393	industry business may not receive more than $1.5 million in
1394	refunds under this section in any single fiscal year, or more
1395	than $2.5 million in any single fiscal year if the project is
1396	located in an enterprise zone. A qualified target industry may
1397	not receive more than $5 million in refund payments under this
1398	section in all fiscal years, or more than $7.5 million if the
1399	project is located in an enterprise zone. Funds made available
1400	pursuant to this section may not be expended in connection with
1401	the relocation of a business from one community to another
1402	community in this state unless the Office of Tourism, Trade, and
1403	Economic Development determines that without such relocation the
1404	business will move outside this state or determines that the
1405	business has a compelling economic rationale for the relocation
1406	and that the relocation will create additional jobs.
1407	(c)  After entering into a tax refund agreement under
1408	subsection (4), a qualified target industry business may:
1409	1.  Receive refunds from the account for the following
1410	taxes due and paid by that business beginning with the first
1411	taxable year of the business which begins after entering into
1412	the agreement:
1413	a.  Corporate income taxes under chapter 220.
1414	b.  Insurance premium tax under s. 624.509.
1415	2.  Receive refunds from the account for the following
1416	taxes due and paid by that business after entering into the
1417	agreement:
1418	a.  Taxes on sales, use, and other transactions under
1419	chapter 212.
1420	b.  Intangible personal property taxes under chapter 199.
1421	c.  Emergency excise taxes under chapter 221.
1422	d.  Excise taxes on documents under chapter 201.
1423	e.  Ad valorem taxes paid, as defined in s. 220.03(1).
1424	f.  State communications services taxes administered under
1425	chapter 202. This provision does not apply to the gross receipts
1426	tax imposed under chapter 203 and administered under chapter 202
1427	or the local communications services tax authorized under s.
1428	202.19.
1429
1430	The addition of state communications services taxes administered
1431	under chapter 202 is remedial in nature and retroactive to
1432	October 1, 2001. The office may make supplemental tax refund
1433	payments to allow for tax refunds for communications services
1434	taxes paid by an eligible qualified target industry business
1435	after October 1, 2001.
1436	(d)  However, a qualified target industry business may not
1437	receive a refund under this section for any amount of credit,
1438	refund, or exemption granted to that business for any of such
1439	taxes. If a refund for such taxes is provided by the office,
1440	which taxes are subsequently adjusted by the application of any
1441	credit, refund, or exemption granted to the qualified target
1442	industry business other than as provided in this section, the
1443	business shall reimburse the account for the amount of that
1444	credit, refund, or exemption. A qualified target industry
1445	business shall notify and tender payment to the office within 20
1446	days after receiving any credit, refund, or exemption other than
1447	one provided in this section.
1448	(e)  A qualified target industry business that fraudulently
1449	claims a refund under this section:
1450	1.  Is liable for repayment of the amount of the refund to
1451	the account, plus a mandatory penalty in the amount of 200
1452	percent of the tax refund which shall be deposited into the
1453	General Revenue Fund.
1454	2.  Is guilty of a felony of the third degree, punishable
1455	as provided in s. 775.082, s. 775.083, or s. 775.084.
1456	(3)  APPLICATION AND APPROVAL PROCESS.--
1457	(a)  To apply for certification as a qualified target
1458	industry business under this section, the business must file an
1459	application with the office before the business has made the
1460	decision to locate a new business in this state or before the
1461	business had made the decision to expand an existing business in
1462	this state. The application shall include, but is not limited
1463	to, the following information:
1464	1.  The applicant's federal employer identification number
1465	and the applicant's state sales tax registration number.
1466	2.  The permanent location of the applicant's facility in
1467	this state at which the project is or is to be located.
1468	3.  A description of the type of business activity or
1469	product covered by the project, including a minimum of a four-
1470	digit NAICS SIC codes for all activities included in the
1471	project.
1472	4.  The number of net new full-time equivalent Florida jobs
1473	at the qualified target industry business as of December 31 of
1474	each year included in the project and the average wage of those
1475	jobs. If more than one type of business activity or product is
1476	included in the project, the number of jobs and average wage for
1477	those jobs must be separately stated for each type of business
1478	activity or product.
1479	5.  The total number of full-time equivalent employees
1480	employed by the applicant in this state.
1481	6.  The anticipated commencement date of the project.
1482	7.  A brief statement concerning the role that the tax
1483	refunds requested will play in the decision of the applicant to
1484	locate or expand in this state.
1485	8.  An estimate of the proportion of the sales resulting
1486	from the project that will be made outside this state.
1487	9.  A resolution adopted by the governing board of the
1488	county or municipality in which the project will be located,
1489	which resolution recommends that certain types of businesses be
1490	approved as a qualified target industry business and states that
1491	the commitments of local financial support necessary for the
1492	target industry business exist. In advance of the passage of
1493	such resolution, the office may also accept an official letter
1494	from an authorized local economic development agency that
1495	endorses the proposed target industry project and pledges that
1496	sources of local financial support for such project exist. For
1497	the purposes of making pledges of local financial support under
1498	this subsection, the authorized local economic development
1499	agency shall be officially designated by the passage of a one-
1500	time resolution by the local governing authority.
1501	10.  Any additional information requested by the office.
1502	(b)  To qualify for review by the office, the application
1503	of a target industry business must, at a minimum, establish the
1504	following to the satisfaction of the office:
1505	1.  The jobs proposed to be provided under the application,
1506	pursuant to subparagraph (a)4., must pay an estimated annual
1507	average wage equaling at least 115 percent of the average
1508	private sector wage in the area where the business is to be
1509	located or the statewide private sector average wage. In
1510	determining the average annual wage, the office shall only
1511	include new proposed jobs, and wages for existing jobs shall be
1512	excluded from this calculation. The office may waive this
1513	average wage requirement at the request of the local governing
1514	body recommending the project and Enterprise Florida, Inc. The
1515	wage requirement may only be waived for a project located in a
1516	brownfield area designated under s. 376.80 or in a rural city or
1517	county or in an enterprise zone and only when the merits of the
1518	individual project or the specific circumstances in the
1519	community in relationship to the project warrant such action. If
1520	the local governing body and Enterprise Florida, Inc., make such
1521	a recommendation, it must be transmitted in writing and the
1522	specific justification for the waiver recommendation must be
1523	explained. If the director elects to waive the wage requirement,
1524	the waiver must be stated in writing and the reasons for
1525	granting the waiver must be explained.
1526	2.  The target industry business's project must result in
1527	the creation of at least 10 jobs at such project and, if an
1528	expansion of an existing business, must result in a net increase
1529	in employment of not less than 10 percent at such business.
1530	Notwithstanding the definition of the term "expansion of an
1531	existing business" in paragraph (1)(g), at the request of the
1532	local governing body recommending the project and Enterprise
1533	Florida, Inc., the office may define an "expansion of an
1534	existing business" in a rural community or an enterprise zone as
1535	the expansion of a business resulting in a net increase in
1536	employment of less than 10 percent at such business if the
1537	merits of the individual project or the specific circumstances
1538	in the community in relationship to the project warrant such
1539	action. If the local governing body and Enterprise Florida,
1540	Inc., make such a request, it must be transmitted in writing and
1541	the specific justification for the request must be explained. If
1542	the director elects to grant such request, such election must be
1543	stated in writing and the reason for granting the request must
1544	be explained.
1545	3.  The business activity or product for the applicant's
1546	project is within an industry or industries that have been
1547	identified by the office to be high-value-added industries that
1548	contribute to the area and to the economic growth of the state
1549	and that produce a higher standard of living for citizens of
1550	this state in the new global economy or that can be shown to
1551	make an equivalent contribution to the area and state's economic
1552	progress. The director must approve requests to waive the wage
1553	requirement for brownfield areas designated under s. 376.80
1554	unless it is demonstrated that such action is not in the public
1555	interest.
1556	(c)  Each application meeting the requirements of paragraph
1557	(b) must be submitted to the office for determination of
1558	eligibility. The office shall review and evaluate each
1559	application based on, but not limited to, the following
1560	criteria:
1561	1.  Expected contributions to the state strategic economic
1562	development plan adopted by Enterprise Florida, Inc., taking
1563	into account the long-term effects of the project and of the
1564	applicant on the state economy.
1565	2.  The economic benefit of the jobs created by the project
1566	in this state, taking into account the cost and average wage of
1567	each job created.
1568	3.  The amount of capital investment to be made by the
1569	applicant in this state.
1570	4.  The local commitment and support for the project.
1571	5.  The effect of the project on the local community,
1572	taking into account the unemployment rate for the county where
1573	the project will be located.
1574	6.  The effect of any tax refunds granted pursuant to this
1575	section on the viability of the project and the probability that
1576	the project will be undertaken in this state if such tax refunds
1577	are granted to the applicant, taking into account the expected
1578	long-term commitment of the applicant to economic growth and
1579	employment in this state.
1580	7.  The expected long-term commitment to this state
1581	resulting from the project.
1582	8.  A review of the business's past activities in this
1583	state or other states, including whether such business has been
1584	subjected to criminal or civil fines and penalties. Nothing in
1585	this subparagraph shall require the disclosure of confidential
1586	information.
1587	(d)  Applications shall be approved pursuant to s. 288.061.
1588	The office shall forward its written findings and evaluation
1589	concerning each application meeting the requirements of
1590	paragraph (b) to the director within 45 calendar days after
1591	receipt of a complete application. The office shall notify each
1592	target industry business when its application is complete, and
1593	of the time when the 45-day period begins. In its written report
1594	to the director, the office shall specifically address each of
1595	the factors specified in paragraph (c) and shall make a specific
1596	assessment with respect to the minimum requirements established
1597	in paragraph (b). The office shall include in its review report
1598	projections of the tax refunds the business would be eligible to
1599	receive in each fiscal year based on the creation and
1600	maintenance of the net new Florida jobs specified in
1601	subparagraph (a)4. as of December 31 of the preceding state
1602	fiscal year. If appropriate, the director shall enter into a
1603	written agreement with the qualified target industry business
1604	pursuant to subsection (4).
1605	(e)1.  Within 30 days after receipt of the office's
1606	findings and evaluation, the director shall issue a letter of
1607	certification that either approves or disapproves the
1608	application of the target industry business. The decision must
1609	be in writing and must provide the justifications for approval
1610	or disapproval.
1611	2.  If appropriate, the director shall enter into a written
1612	agreement with the qualified target industry business pursuant
1613	to subsection (4).
1614	(e)(f)  The director may not certify any target industry
1615	business as a qualified target industry business if the value of
1616	tax refunds to be included in that letter of certification
1617	exceeds the available amount of authority to certify new
1618	businesses as determined in s. 288.095(3). However, if the
1619	commitments of local financial support represent less than 20
1620	percent of the eligible tax refund payments, or to otherwise
1621	preserve the viability and fiscal integrity of the program, the
1622	director may certify a qualified target industry business to
1623	receive tax refund payments of less than the allowable amounts
1624	specified in paragraph (2)(b). A letter of certification that
1625	approves an application must specify the maximum amount of tax
1626	refund that will be available to the qualified industry business
1627	in each fiscal year and the total amount of tax refunds that
1628	will be available to the business for all fiscal years.
1629	(f)(g)  Nothing in this section shall create a presumption
1630	that an applicant will receive any tax refunds under this
1631	section. However, the office may issue nonbinding opinion
1632	letters, upon the request of prospective applicants, as to the
1633	applicants' eligibility and the potential amount of refunds.
1634	(4)  TAX REFUND AGREEMENT.--
1635	(a)  Each qualified target industry business must enter
1636	into a written agreement with the office which specifies, at a
1637	minimum:
1638	1.  The total number of full-time equivalent jobs in this
1639	state that will be dedicated to the project, the average wage of
1640	those jobs, the definitions that will apply for measuring the
1641	achievement of these terms during the pendency of the agreement,
1642	and a time schedule or plan for when such jobs will be in place
1643	and active in this state.
1644	2.  The maximum amount of tax refunds which the qualified
1645	target industry business is eligible to receive on the project
1646	and the maximum amount of a tax refund that the qualified target
1647	industry business is eligible to receive for each fiscal year,
1648	based on the job creation and maintenance schedule specified in
1649	subparagraph 1.
1650	3.  That the office may review and verify the financial and
1651	personnel records of the qualified target industry business to
1652	ascertain whether that business is in compliance with this
1653	section.
1654	4.  The date by which, in each fiscal year, the qualified
1655	target industry business may file a claim under subsection (5)
1656	to be considered to receive a tax refund in the following fiscal
1657	year.
1658	5.  That local financial support will be annually available
1659	and will be paid to the account. The director may not enter into
1660	a written agreement with a qualified target industry business if
1661	the local financial support resolution is not passed by the
1662	local governing authority within 90 days after he or she has
1663	issued the letter of certification under subsection (3).
1664	(b)  Compliance with the terms and conditions of the
1665	agreement is a condition precedent for the receipt of a tax
1666	refund each year. The failure to comply with the terms and
1667	conditions of the tax refund agreement results in the loss of
1668	eligibility for receipt of all tax refunds previously authorized
1669	under this section and the revocation by the director of the
1670	certification of the business entity as a qualified target
1671	industry business, unless the business is eligible to receive
1672	and elects to accept a prorated refund under paragraph (5)(d) or
1673	the office grants the business an economic-stimulus exemption.
1674	1.  A qualified target industry business may submit, in
1675	writing, a request to the office for an economic-stimulus
1676	exemption. The request must provide quantitative evidence
1677	demonstrating how negative economic conditions in the business's
1678	industry, the effects of the impact of a named hurricane or
1679	tropical storm, or specific acts of terrorism affecting the
1680	qualified target industry business have prevented the business
1681	from complying with the terms and conditions of its tax refund
1682	agreement.
1683	2.  Upon receipt of a request under subparagraph 1., the
1684	director shall have 45 days to notify the requesting business,
1685	in writing, if its exemption has been granted or denied. In
1686	determining if an exemption should be granted, the director
1687	shall consider the extent to which negative economic conditions
1688	in the requesting business's industry, the effects of the impact
1689	of a named hurricane or tropical storm, or specific acts of
1690	terrorism affecting the qualified target industry business have
1691	prevented the business from complying with the terms and
1692	conditions of its tax refund agreement.
1693	3.  As a condition for receiving a prorated refund under
1694	paragraph (5)(d) or an economic-stimulus exemption under this
1695	paragraph, a qualified target industry business must agree to
1696	renegotiate its tax refund agreement with the office to, at a
1697	minimum, ensure that the terms of the agreement comply with
1698	current law and office procedures governing application for and
1699	award of tax refunds. Upon approving the award of a prorated
1700	refund or granting an economic-stimulus exemption, the office
1701	shall renegotiate the tax refund agreement with the business as
1702	required by this subparagraph. When amending the agreement of a
1703	business receiving an economic-stimulus exemption, the office
1704	may extend the duration of the agreement for a period not to
1705	exceed 2 years.
1706	4.  A qualified target industry business may submit a
1707	request for an economic-stimulus exemption to the office in lieu
1708	of any tax refund claim scheduled to be submitted after January
1709	1, 2008 2005, but before July 1, 2009 2006.
1710	5.  A qualified target industry business that receives an
1711	economic-stimulus exemption may not receive a tax refund for the
1712	period covered by the exemption.
1713	(c)  The agreement must be signed by the director and by an
1714	authorized officer of the qualified target industry business
1715	within 120 days after the issuance of the letter of
1716	certification under subsection (3), but not before passage and
1717	receipt of the resolution of local financial support. The office
1718	may grant an extension of this period at the written request of
1719	the qualified target industry business.
1720	(d)  The agreement must contain the following legend,
1721	clearly printed on its face in bold type of not less than 10
1722	points in size: "This agreement is neither a general obligation
1723	of the State of Florida, nor is it backed by the full faith and
1724	credit of the State of Florida. Payment of tax refunds are
1725	conditioned on and subject to specific annual appropriations by
1726	the Florida Legislature of moneys sufficient to pay amounts
1727	authorized in section 288.106, Florida Statutes."
1728	(5)  ANNUAL CLAIM FOR REFUND.--
1729	(a)  To be eligible to claim any scheduled tax refund, a
1730	qualified target industry business that has entered into a tax
1731	refund agreement with the office under subsection (4) must apply
1732	by January 31 of each fiscal year to the office for the tax
1733	refund scheduled to be paid from the appropriation for the
1734	fiscal year that begins on July 1 following the January 31
1735	claims-submission date. The office may, upon written request,
1736	grant a 30-day extension of the filing date.
1737	(b)  The claim for refund by the qualified target industry
1738	business must include a copy of all receipts pertaining to the
1739	payment of taxes for which the refund is sought and data related
1740	to achievement of each performance item specified in the tax
1741	refund agreement. The amount requested as a tax refund may not
1742	exceed the amount specified for the relevant fiscal year in that
1743	agreement.
1744	(c)  A tax refund may not be approved for a qualified
1745	target industry business unless the required local financial
1746	support has been paid into the account for that refund. If the
1747	local financial support provided is less than 20 percent of the
1748	approved tax refund, the tax refund must be reduced. In no event
1749	may the tax refund exceed an amount that is equal to 5 times the
1750	amount of the local financial support received. Further, funding
1751	from local sources includes any tax abatement granted to that
1752	business under s. 196.1995 or the appraised market value of
1753	municipal or county land conveyed or provided at a discount to
1754	that business. The amount of any tax refund for such business
1755	approved under this section must be reduced by the amount of any
1756	such tax abatement granted or the value of the land granted; and
1757	the limitations in subsection (2) and paragraph (3)(e)(f) must
1758	be reduced by the amount of any such tax abatement or the value
1759	of the land granted. A report listing all sources of the local
1760	financial support shall be provided to the office when such
1761	support is paid to the account.
1762	(d)  A prorated tax refund, less a 5-percent penalty, shall
1763	be approved for a qualified target industry business provided
1764	all other applicable requirements have been satisfied and the
1765	business proves to the satisfaction of the director that it has
1766	achieved at least 80 percent of its projected employment and
1767	that the average wage paid by the business is at least 90
1768	percent of the average wage specified in the tax refund
1769	agreement, but in no case less than 115 percent of the average
1770	private sector wage in the area available at the time of
1771	certification, or 150 percent or 200 percent of the average
1772	private sector wage if the business requested the additional
1773	per-job tax refund authorized in paragraph (2)(b) for wages
1774	above those levels. The prorated tax refund shall be calculated
1775	by multiplying the tax refund amount for which the qualified
1776	target industry business would have been eligible, if all
1777	applicable requirements had been satisfied, by the percentage of
1778	the average employment specified in the tax refund agreement
1779	which was achieved, and by the percentage of the average wages
1780	specified in the tax refund agreement which was achieved.
1781	(e)  The director, with such assistance as may be required
1782	from the office, the Department of Revenue, or the Agency for
1783	Workforce Innovation, shall, by June 30 following the scheduled
1784	date for submission of the tax refund claim, specify by written
1785	order the approval or disapproval of the tax refund claim and,
1786	if approved, the amount of the tax refund that is authorized to
1787	be paid to the qualified target industry business for the annual
1788	tax refund. The office may grant an extension of this date on
1789	the request of the qualified target industry business for the
1790	purpose of filing additional information in support of the
1791	claim.
1792	(f)  The total amount of tax refund claims approved by the
1793	director under this section in any fiscal year must not exceed
1794	the amount authorized under s. 288.095(3).
1795	(g)  This section does not create a presumption that a tax
1796	refund claim will be approved and paid.
1797	(h)  Upon approval of the tax refund under paragraphs (c),
1798	(d), and (e), the Chief Financial Officer shall issue a warrant
1799	for the amount specified in the written order. If the written
1800	order is appealed, the Chief Financial Officer may not issue a
1801	warrant for a refund to the qualified target industry business
1802	until the conclusion of all appeals of that order.
1803	(6)  ADMINISTRATION.--
1804	(a)  The office is authorized to verify information
1805	provided in any claim submitted for tax credits under this
1806	section with regard to employment and wage levels or the payment
1807	of the taxes to the appropriate agency or authority, including
1808	the Department of Revenue, the Agency for Workforce Innovation,
1809	or any local government or authority.
1810	(b)  To facilitate the process of monitoring and auditing
1811	applications made under this program, the office may provide a
1812	list of qualified target industry businesses to the Department
1813	of Revenue, to the Agency for Workforce Innovation, or to any
1814	local government or authority. The office may request the
1815	assistance of those entities with respect to monitoring jobs,
1816	wages, and the payment of the taxes listed in subsection (2).
1817	(c)  Funds specifically appropriated for the tax refund
1818	program for qualified target industry businesses may not be used
1819	for any purpose other than the payment of tax refunds authorized
1820	by this section.
1821	(7)  Notwithstanding paragraphs (4)(a) and (5)(c), the
1822	office may approve a waiver of the local financial support
1823	requirement for a business located in any of the following
1824	counties in which businesses received emergency loans
1825	administered by the office in response to the named hurricanes
1826	of 2004: Bay, Brevard, Charlotte, DeSoto, Escambia, Flagler,
1827	Glades, Hardee, Hendry, Highlands, Indian River, Lake, Lee,
1828	Martin, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Polk,
1829	Putnam, Santa Rosa, Seminole, St. Lucie, Volusia, and Walton. A
1830	waiver may be granted only if the office determines that the
1831	local financial support cannot be provided or that doing so
1832	would effect a demonstrable hardship on the unit of local
1833	government providing the local financial support. If the office
1834	grants a waiver of the local financial support requirement, the
1835	state shall pay 100 percent of the refund due to an eligible
1836	business. The waiver shall apply for tax refund applications
1837	made for fiscal years 2004-2005, 2005-2006, and 2006-2007.
1838	(8)  EXPIRATION.--An applicant may not be certified as
1839	qualified under this section after June 30, 2010. A tax refund
1840	agreement existing on that date shall continue in effect in
1841	accordance with its terms.
1842	Section 17.  Subsection (3) and paragraph (f) of subsection
1843	(4) of section 288.107, Florida Statutes, are amended to read:
1844	288.107  Brownfield redevelopment bonus refunds.--
1845	(3)  CRITERIA.--The minimum criteria for participation in
1846	the brownfield redevelopment bonus refund are:
1847	(a)  The creation of at least 10 new full-time permanent
1848	jobs. Such jobs shall not include construction or site
1849	rehabilitation jobs associated with the implementation of a
1850	brownfield site agreement as described in s. 376.80(5).
1851	(b)  The completion of a fixed capital investment of at
1852	least $2 million in mixed-use business activities, including
1853	multiunit housing, commercial, retail, and industrial in
1854	brownfield areas, by an eligible business applying for a refund
1855	under paragraph (2)(b) which provides benefits to its employees.
1856	(c)  That the designation as a brownfield will diversify
1857	and strengthen the economy of the area surrounding the site.
1858	(d)  That the designation as a brownfield will promote
1859	capital investment in the area beyond that contemplated for the
1860	rehabilitation of the site.
1861	(e)  A resolution adopted by the governing board of the
1862	county or municipality in which the project will be located that
1863	recommends that certain types of businesses be approved.
1864	(4)  PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.--
1865	(f)  Applications shall be reviewed pursuant to s. 288.106.
1866	The office shall review all applications submitted under s.
1867	288.106 or other similar application forms for other eligible
1868	businesses as defined in paragraph (1)(e) which indicate that
1869	the proposed project will be located in a brownfield and
1870	determine, with the assistance of the Department of
1871	Environmental Protection, that the project location is within a
1872	brownfield as provided in this act.
1873	Section 18.  Paragraphs (b) and (c) of subsection (5) and
1874	subsection (7) of section 288.108, Florida Statutes, are
1875	amended, to read:
1876	288.108  High-impact business.--
1877	(5)  APPLICATIONS; CERTIFICATION PROCESS; GRANT
1878	AGREEMENT.--
1879	(b)  Applications shall be reviewed pursuant to s. 288.106.
1880	Enterprise Florida, Inc., shall review each submitted
1881	application and inform the applicant business whether or not its
1882	application is complete within 10 working days. Once the
1883	application is deemed complete, Enterprise Florida, Inc., has 10
1884	working days within which to evaluate the application and
1885	recommend approval or disapproval of the application to the
1886	director. In recommending an applicant business for approval,
1887	Enterprise Florida, Inc., shall include a recommended grant
1888	award amount in its evaluation forwarded to the office.
1889	(c)  Upon receipt of the evaluation and recommendation of
1890	Enterprise Florida, Inc., the director has 5 working days to
1891	enter a final order that either approves or disapproves an
1892	applicant business as a qualified high-impact business facility,
1893	unless the business requests an extension of the time. The final
1894	order shall specify the total amount of the qualified high-
1895	impact business facility performance grant award, the
1896	performance conditions that must be met to obtain the award, and
1897	the schedule for payment of the performance grant.
1898	(7)  REPORTING.--The office shall by December 1 of each
1899	year issue a complete and detailed report of all designated
1900	high-impact sectors, all applications received and their
1901	disposition, all final orders issued, and all payments made,
1902	including analyses of benefits and costs, types of projects
1903	supported, and employment and investments created. The report
1904	shall be submitted to the Governor, the President of the Senate,
1905	and the Speaker of the House of Representatives.
1906	Section 19.  Paragraphs (a) and (b) of subsection (3) of
1907	section 288.1088, Florida Statutes, are amended to read:
1908	288.1088  Quick Action Closing Fund.--
1909	(3)(a)  Enterprise Florida, Inc., shall review applications
1910	pursuant to s. 288.061(1) and determine eligibility of each
1911	project consistent with the criteria in subsection (2).
1912	Enterprise Florida, Inc., in consultation with the Office of
1913	Tourism, Trade, and Economic Development, may waive these
1914	criteria based on extraordinary circumstances or in rural areas
1915	of critical economic concern if the project would significantly
1916	benefit the local or regional economy. Enterprise Florida, Inc.,
1917	shall evaluate individual proposals for high-impact business
1918	facilities and forward recommendations regarding the use of
1919	moneys in the fund for such facilities to the director of the
1920	Office of Tourism, Trade, and Economic Development. Such
1921	evaluation and recommendation must include, but need not be
1922	limited to:
1923	1.  A description of the type of facility or
1924	infrastructure, its operations, and the associated product or
1925	service associated with the facility.
1926	2.  The number of full-time-equivalent jobs that will be
1927	created by the facility and the total estimated average annual
1928	wages of those jobs or, in the case of privately developed rural
1929	infrastructure, the types of business activities and jobs
1930	stimulated by the investment.
1931	3.  The cumulative amount of investment to be dedicated to
1932	the facility within a specified period.
1933	4.  A statement of any special impacts the facility is
1934	expected to stimulate in a particular business sector in the
1935	state or regional economy or in the state's universities and
1936	community colleges.
1937	5.  A statement of the role the incentive is expected to
1938	play in the decision of the applicant business to locate or
1939	expand in this state or for the private investor to provide
1940	critical rural infrastructure.
1941	6.  A report evaluating the quality and value of the
1942	company submitting a proposal. The report must include:
1943	a.  A financial analysis of the company, including an
1944	evaluation of the company's short-term liquidity ratio as
1945	measured by its assets to liability, the company's profitability
1946	ratio, and the company's long-term solvency as measured by its
1947	debt-to-equity ratio;
1948	b.  The historical market performance of the company;
1949	c.  A review of any independent evaluations of the company;
1950	d.  A review of the latest audit of the company's financial
1951	statement and the related auditor's management letter; and
1952	e.  A review of any other types of audits that are related
1953	to the internal and management controls of the company.
1954	(b)  Upon receipt of the evaluation and recommendation from
1955	Enterprise Florida, Inc., the director shall recommend approval
1956	or disapproval of a project for receipt of funds from the Quick
1957	Action Closing Fund within 35 calendar days to the Governor. In
1958	recommending a project, the director shall include proposed
1959	performance conditions that the project must meet to obtain
1960	incentive funds. The Governor shall provide the evaluation of
1961	projects recommended for approval to the President of the Senate
1962	and the Speaker of the House of Representatives and consult with
1963	the President of the Senate and the Speaker of the House of
1964	Representatives before giving final approval for a project. The
1965	Executive Office of the Governor shall recommend approval of a
1966	project and the release of funds pursuant to the legislative
1967	consultation and review requirements set forth in s. 216.177.
1968	The recommendation must include proposed performance conditions
1969	that the project must meet in order to obtain funds.
1970	Section 20.  Paragraph (d) of subsection (5) of section
1971	288.1162, Florida Statutes, is amended to read:
1972	288.1162  Professional sports franchises; spring training
1973	franchises; duties.--
1974	(5)
1975	(d)  Funds may not be expended to subsidize privately owned
1976	and maintained facilities for use by the spring training
1977	franchise. Funds may be used to relocate a retained spring
1978	training franchise to another unit of local government upon
1979	approval of the Office of Tourism, Trade, and Economic
1980	Development. The Office of Tourism, Trade, and Economic
1981	Development shall establish criteria for use of the funds to
1982	relocate a retained spring training franchise consistent with
1983	the requirements of this section. Spring training franchises
1984	eligible for a sales tax refund pursuant to s. 212.20 that
1985	relocate from one Florida community to another shall receive no
1986	more than 90 percent of the refund. The office may adopt rules
1987	pursuant to ss. 120.536(1) and 120.54 to administer this section
1988	only if the existing unit of local government with the retained
1989	spring training franchise agrees to the relocation.
1990	Section 21.  Subsection (8) is added to section 288.1254,
1991	Florida Statutes, to read:
1992	288.1254  Entertainment industry financial incentive
1993	program.--
1994	(8)  REVERSION OF FUNDS; USE FOR FILM OR ARTS
1995	FESTIVALS.--Notwithstanding any provision of s. 216.301 to the
1996	contrary, funds appropriated for the purposes of implementing
1997	this section shall not revert until the end of the second fiscal
1998	year of the appropriation. Up to $1.5 million of funds
1999	appropriated in any fiscal year may be used for film or arts
2000	festivals upon determination by the Office of Film and
2001	Entertainment that such use is consistent with the overall
2002	purposes of the entertainment industry financial incentive and
2003	will generate significant regional or statewide return on
2004	investment.
2005	Section 22.  By December 31, 2008, The Office of Tourism,
2006	Trade, and Economic Development shall develop a comprehensive
2007	strategic plan including the use of financial resources for the
2008	purpose of retaining the tradition of spring training in
2009	Florida. This plan shall identify the financial impact spring
2010	training has on the State of Florida and shall identify efforts
2011	made by other states to organize their spring training efforts
2012	and the effect of those efforts on Florida's relationship with
2013	professional baseball.
2014	Section 23.  Section 288.7102, Florida Statutes, is amended
2015	to read:
2016	288.7102  Black Business Loan Program.--
2017	(1)  The Black Business Loan Program is established in the
2018	Office of Tourism, Trade, and Economic Development. Under the
2019	program, the office shall annually certify eligible recipients
2020	and subsequently disburse funds appropriated by the Legislature,
2021	through such eligible recipients, to black business enterprises
2022	that cannot obtain capital through conventional lending
2023	institutions but that could otherwise compete successfully in
2024	the private sector.
2025	(2)(1)  The office shall establish an a uniform, open, and
2026	competitive application and annual certification process for
2027	entities seeking eligible recipients who seek funds to
2028	participate in providing provide loans, loan guarantees, or
2029	investments in black business enterprises pursuant to the
2030	Florida Black Business Investment Act. The board shall receive
2031	the applications and make recommendations for certification to
2032	the office. The office shall processes all applications and
2033	recertifications submitted by July 1 on or before September 30.
2034	(3)(2)  If the Black Business Loan Program is appropriated
2035	any funding in a fiscal year, the office shall distribute an
2036	equal amount of the appropriation, calculated as the total of
2037	the program recipients certified on or before September 30 of
2038	that fiscal year divided by such annual appropriation The
2039	office, in consultation with the board, shall develop an
2040	allocation policy to ensure that services provided under ss.
2041	288.707-288.714 for the benefit of black business enterprises
2042	are disbursed equitably throughout the state. The board shall
2043	facilitate the formation of black business investment
2044	corporations in communities that are not served by such
2045	corporations.
2046	(4)(3)  To be eligible to receive funds and provide loans,
2047	loan guarantees, or investments under this section, a recipient
2048	must:
2049	(a)  Be a corporation registered in the state.
2050	(b)  Demonstrate that its board of directors includes
2051	citizens of the state experienced in the development of black
2052	business enterprises.
2053	(c)  Demonstrate that the recipient has a business plan
2054	that allows the recipient to operate in a manner consistent with
2055	ss. 288.707-288.714 and the rules of the office.
2056	(d)  Demonstrate that the recipient has the technical
2057	skills to analyze and evaluate applications by black business
2058	enterprises for loans, loan guarantees, or investments.
2059	(e)  Demonstrate that the recipient has established viable
2060	partnerships with public and private funding sources, economic
2061	development agencies, and workforce development and job referral
2062	networks.
2063	(f)  Demonstrate that the recipient can provide a private
2064	match equal to 20 percent of the amount of funds provided by the
2065	office.
2066	(g)  Agree to maintain the recipient's books and records
2067	relating to funds received by the office according to generally
2068	accepted accounting principles and in accordance with the
2069	requirements of s. 215.97(7) and to make those books and records
2070	available to the office for inspection upon reasonable notice.
2071	(5)(4)  The board shall annually recommend to the office
2072	certification of each eligible recipient, who must meet the
2073	provisions of ss. 288.707-288.714, the terms of the contract
2074	between the recipient and the office, and any other applicable
2075	state or federal laws. An entity may not receive funds under ss.
2076	288.707-288.714 unless the entity meets annual certification
2077	requirements.
2078	(6)(5)  Upon approval by the office and prior to release of
2079	the funds as provided in this section, the office shall issue a
2080	letter certifying the applicant as qualified for an award. The
2081	office and the applicant shall enter into an agreement that sets
2082	forth the conditions for award of the funds. The agreement must
2083	include the total amount of funds awarded; the performance
2084	conditions that must be met once the funding has been awarded,
2085	including, but not limited to, compliance with all of the
2086	requirements of this section for eligible recipients of funds
2087	under this section; and sanctions for failure to meet
2088	performance conditions, including any provisions to recover
2089	awards.
2090	(7)(6)(a)  The office, in consultation with the board,
2091	shall adopt rules pursuant to ss. 120.536(1) and 120.54 to
2092	implement this section.
2093	(b)  The board shall adopt policies and procedures
2094	necessary to implement this section.
2095	(8)(7)  A black business investment corporation certified
2096	by the office as an eligible recipient under this section is
2097	authorized to use funds appropriated for the Black Business Loan
2098	Program in any of the following forms:
2099	(a)  Purchases of stock, preferred or common, voting or
2100	nonvoting; however, no more than 40 percent of the funds may be
2101	used for direct investments in black business enterprises;
2102	(b)  Loans or loan guarantees, with or without recourse, in
2103	either a subordinated or priority position; or
2104	(c)  Technical support to black business enterprises, not
2105	to exceed 7 percent of the funds received, and direct
2106	administrative costs, not to exceed 10 percent of the funds
2107	received.
2108	(9)(8)  It is the intent of the Legislature that if any one
2109	type of investment mechanism authorized in subsection (8) (7) is
2110	held to be invalid, all other valid mechanisms remain available.
2111	(10)(9)  All loans, loan guarantees, and investments, and
2112	any income related thereto, shall be used to carry out the
2113	public purpose of ss. 288.707-288.714, which is to develop black
2114	business enterprises. This subsection does not preclude a
2115	reasonable profit for the participating black business
2116	investment corporation or for return of equity developed to the
2117	state and participating financial institutions upon any
2118	distribution of the assets or excess income of the investment
2119	corporation.
2120	Section 24.  Subsection (2) of section 288.9624, Florida
2121	Statutes, is amended to read:
2122	288.9624  Florida Opportunity Fund; creation; duties.--
2123	(2)  Upon organization, the board shall conduct a national
2124	solicitation for investment plan proposals from qualified
2125	venture capital investment managers for the raising and
2126	investing of capital by the Florida Opportunity Fund. Any
2127	proposed investment plan must address the applicant's level of
2128	experience, quality of management, investment philosophy and
2129	process, provability of success in fundraising, prior investment
2130	fund results, and plan for achieving the purposes of ss.
2131	288.9621-288.9624. The board shall recommend select only venture
2132	capital investment managers having demonstrated expertise in the
2133	management of and investment in companies for final approval to
2134	Enterprise Florida, Inc.
2135	Section 25.  Subsection (7) is added to section 290.0055,
2136	Florida Statutes, to read:
2137	290.0055  Local nominating procedure.--
2138	(7)  The governing body of a jurisdiction that contains a
2139	designated enterprise zone that is located entirely within a
2140	state designated rural area of critical economic concern,
2141	pursuant to s. 288.0656(7), may apply to the Office of Tourism,
2142	Trade, and Economic Development to expand its boundaries by not
2143	more than 3 square miles. The expansion must be continuous to an
2144	existing enterprise zone boundary. Notwithstanding the area of
2145	limitations found in subsection (4), the Office of Tourism,
2146	Trade, and Economic Development may approve the boundary
2147	amendment if the boundary change continues to satisfy the
2148	requirements of paragraphs (6)(b) and (c).
2149	Section 26.  Section 501.701, Florida Statutes, is created
2150	to read:
2151	501.701  Business evaluations for consumer complaints.--
2152	(1)  As used in this section, the term:
2153	(a)  "Agency" means an agency as defined in s. 120.52.
2154	(b)  "Business entity" means any form of a corporation,
2155	partnership, association, cooperative, joint venture, business
2156	trust, or sole proprietorship that conducts business in this
2157	state and is registered with the Department of State.
2158	(c)  "Division" means the Division of Consumer Services in
2159	the Department of Agriculture and Consumer Services.
2160	(2)  Any business entity that evaluates, ranks, or rates
2161	another business entity based on consumer complaints must
2162	disclose and publish the methodology of the evaluation and
2163	submit the findings to the business entity under review prior to
2164	public disclosure. Each business entity under review shall have
2165	15 days to supply a written statement of explanation or rebuttal
2166	to the finding, and such explanation shall be published with the
2167	findings.
2168	(3)  Any agency entity that evaluates, ranks, or rates a
2169	business entity based on consumer complaints must disclose and
2170	publish the methodology of the evaluation and submit the
2171	findings to the business entity under review prior to public
2172	disclosure. Each business entity under review shall have 15 days
2173	to supply a written statement of explanation or rebuttal to the
2174	finding, and such explanation shall be published with the
2175	findings.
2176	(4)  In effort to encourage business and industry to
2177	maintain high standards of honesty, fair business practices, and
2178	public responsibility in the production, promotion, and sale of
2179	consumer goods and services, the division shall monitor the
2180	implementation of this section. The division shall receive
2181	complaints and grievances from business and promptly transmit
2182	them to that agency most directly concerned in order that the
2183	complaint or grievance may be expeditiously handled in the best
2184	interest of the business under review. If no agency exists, the
2185	division shall seek a settlement of the complaint using formal
2186	or informal methods of mediation and conciliation and may seek
2187	any other resolution of the matter in accordance with its
2188	jurisdiction.
2189	Section 27.  In order to carry out the additional
2190	responsibilities in this act, one full-time equivalent position
2191	and the recurring sum of $60,000 for associated salaries and
2192	benefits is appropriated from the General Revenue Fund to the
2193	Office of Tourism, Trade, and Economic Development.
2194	Section 28.  Subsection (2) of section 257.193, Florida
2195	Statutes, is amended to read:
2196	257.193  Community Libraries in Caring Program.--
2197	(2)  The purpose of the Community Libraries in Caring
2198	Program is to assist libraries in rural communities, as defined
2199	in s. 288.0656(2)(b) and subject to the provisions of s.
2200	288.06561, to strengthen their collections and services, improve
2201	literacy in their communities, and improve the economic
2202	viability of their communities.
2203	Section 29.  Section 288.019, Florida Statutes, is amended
2204	to read:
2205	288.019  Rural considerations in grant review and
2206	evaluation processes.--Notwithstanding any other law, and to the
2207	fullest extent possible, the member agencies and organizations
2208	of the Rural Economic Development Initiative (REDI) as defined
2209	in s. 288.0656(6)(a) shall review all grant and loan application
2210	evaluation criteria to ensure the fullest access for rural
2211	counties as defined in s. 288.0656(2)(b) to resources available
2212	throughout the state.
2213	(1)  Each REDI agency and organization shall review all
2214	evaluation and scoring procedures and develop modifications to
2215	those procedures which minimize the impact of a project within a
2216	rural area.
2217	(2)  Evaluation criteria and scoring procedures must
2218	provide for an appropriate ranking based on the proportionate
2219	impact that projects have on a rural area when compared with
2220	similar project impacts on an urban area.
2221	(3)  Evaluation criteria and scoring procedures must
2222	recognize the disparity of available fiscal resources for an
2223	equal level of financial support from an urban county and a
2224	rural county.
2225	(a)  The evaluation criteria should weight contribution in
2226	proportion to the amount of funding available at the local
2227	level.
2228	(b)  In-kind match should be allowed and applied as
2229	financial match when a county is experiencing financial distress
2230	through elevated unemployment at a rate in excess of the state's
2231	average by 5 percentage points or because of the loss of its ad
2232	valorem base.
2233	(4)  For existing programs, the modified evaluation
2234	criteria and scoring procedure must be delivered to the Office
2235	of Tourism, Trade, and Economic Development for distribution to
2236	the REDI agencies and organizations. The REDI agencies and
2237	organizations shall review and make comments. Future rules,
2238	programs, evaluation criteria, and scoring processes must be
2239	brought before a REDI meeting for review, discussion, and
2240	recommendation to allow rural counties fuller access to the
2241	state's resources.
2242	Section 30.  Section 288.06561, Florida Statutes, is
2243	amended to read:
2244	288.06561  Reduction or waiver of financial match
2245	requirements.--Notwithstanding any other law, the member
2246	agencies and organizations of the Rural Economic Development
2247	Initiative (REDI), as defined in s. 288.0656(6)(a), shall review
2248	the financial match requirements for projects in rural areas as
2249	defined in s. 288.0656(2)(b).
2250	(1)  Each agency and organization shall develop a proposal
2251	to waive or reduce the match requirement for rural areas.
2252	(2)  Agencies and organizations shall ensure that all
2253	proposals are submitted to the Office of Tourism, Trade, and
2254	Economic Development for review by the REDI agencies.
2255	(3)  These proposals shall be delivered to the Office of
2256	Tourism, Trade, and Economic Development for distribution to the
2257	REDI agencies and organizations. A meeting of REDI agencies and
2258	organizations must be called within 30 days after receipt of
2259	such proposals for REDI comment and recommendations on each
2260	proposal.
2261	(4)  Waivers and reductions must be requested by the county
2262	or community, and such county or community must have three or
2263	more of the factors identified in s. 288.0656(2)(a).
2264	(5)  Any other funds available to the project may be used
2265	for financial match of federal programs when there is fiscal
2266	hardship, and the match requirements may not be waived or
2267	reduced.
2268	(6)  When match requirements are not reduced or eliminated,
2269	donations of land, though usually not recognized as an in-kind
2270	match, may be permitted.
2271	(7)  To the fullest extent possible, agencies and
2272	organizations shall expedite the rule adoption and amendment
2273	process if necessary to incorporate the reduction in match by
2274	rural areas in fiscal distress.
2275	(8)  REDI shall include in its annual report an evaluation
2276	on the status of changes to rules, number of awards made with
2277	waivers, and recommendations for future changes.
2278	Section 31.  Subsection (2) of section 288.7094, Florida
2279	Statutes, is amended to read:
2280	288.7094  Black business investment corporations.--
2281	(2)  A black business investment corporation that meets the
2282	requirements of s. 288.7102(4)(3) is eligible to participate in
2283	the Black Business Loan Program and shall receive priority
2284	consideration by the Office of Tourism, Trade, and Economic
2285	Development for participation in the program.
2286	Section 32.  Paragraph (d) of subsection (15) of section
2287	627.6699, Florida Statutes, is amended to read:
2288	627.6699  Employee Health Care Access Act.--
2289	(15)  SMALL EMPLOYERS ACCESS PROGRAM.--
2290	(d)  Eligibility.--
2291	1.  Any small employer that is actively engaged in
2292	business, has its principal place of business in this state,
2293	employs up to 25 eligible employees on business days during the
2294	preceding calendar year, employs at least 2 employees on the
2295	first day of the plan year, and has had no prior coverage for
2296	the last 6 months may participate.
2297	2.  Any municipality, county, school district, or hospital
2298	employer located in a rural community as defined in s.
2299	288.0656(2)(b) may participate.
2300	3.  Nursing home employers may participate.
2301	4.  Each dependent of a person eligible for coverage is
2302	also eligible to participate.
2303
2304	Any employer participating in the program must do so until the
2305	end of the term for which the carrier providing the coverage is
2306	obligated to provide such coverage to the program. Coverage for
2307	a small employer group that ceases to meet the eligibility
2308	requirements of this section may be terminated at the end of the
2309	policy period for which the necessary premiums have been paid.
2310	Section 33.  This act shall take effect July 1, 2008.

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