Florida Senate - 2011                                    SB 1460
       
       
       
       By Senator Bennett
       
       
       
       
       21-01018C-11                                          20111460__
    1                        A bill to be entitled                      
    2         An act relating to energy economic zones; amending s.
    3         163.32465, F.S.; including energy economic zones in
    4         the pilot program implementing an alternative state
    5         review process; amending s. 212.08, F.S.; exempting
    6         certain machinery and equipment used in the production
    7         of renewable energy in an energy economic zone from
    8         the tax on sales, use, and other transactions;
    9         authorizing the Department of Revenue to adopt rules;
   10         exempting certain building materials used in the
   11         rehabilitation of real property located in an energy
   12         economic zone from the tax on sales, use, and other
   13         transactions; authorizing the Department of Revenue to
   14         adopt rules; providing for expiration of the tax
   15         exemption for energy economic zones; exempting certain
   16         business property used in an energy economic zone from
   17         the tax on sales, use, and other transactions;
   18         authorizing the Department of Revenue to adopt rules;
   19         providing for expiration of the tax exemption for
   20         energy economic zones; exempting electrical energy
   21         used in an energy economic zone from the tax on sales,
   22         use, and other transactions; providing for expiration
   23         of the tax exemption for energy economic zones;
   24         amending s. 212.096, F.S.; providing a credit against
   25         sales tax for eligible businesses in energy economic
   26         zones; providing the method of calculating the credit;
   27         requiring the local governing body to develop an
   28         application form; providing criteria; authorizing the
   29         local governing body to review and approve completed
   30         applications submitted by eligible businesses;
   31         amending s. 220.181, F.S.; providing a credit against
   32         income tax for eligible businesses that create jobs in
   33         an energy economic zone; providing criteria for
   34         qualifying jobs; providing the method of calculating
   35         the credit; requiring the local governing body to
   36         develop an application form; authorizing the local
   37         governing body to review and approve completed
   38         applications submitted by eligible businesses;
   39         providing for expiration of the tax credit; amending
   40         s. 220.182, F.S.; providing a credit against property
   41         tax for eligible businesses in an energy economic
   42         zone; providing the method of calculating the credit;
   43         requiring the local governing body to develop an
   44         application form; authorizing the local governing body
   45         to review and approve completed applications submitted
   46         by eligible businesses; providing for expiration of
   47         the tax credit; amending s. 220.183, F.S.; including a
   48         local governing body having jurisdiction of an energy
   49         economic zone as an eligible sponsor under community
   50         contribution tax credits; expanding the eligibility
   51         criteria to include location in an area designated as
   52         an energy economic zone; amending s. 288.047, F.S.;
   53         including energy economic zones in the Workforce
   54         Florida, Inc., Quick-Response Training Program;
   55         amending s. 288.063, F.S.; expanding the criteria by
   56         which transportation projects are reviewed and
   57         certified by the Office of Tourism, Trade, and
   58         Economic Development to include projects located in an
   59         energy economic zone; amending s. 288.106, F.S.;
   60         including the term “energy economic zone” in the
   61         definitions that apply to tax refund programs for
   62         qualified target industry businesses; revising the
   63         definition of the term “target industry business” to
   64         include certain businesses in energy economic zones;
   65         providing for a business that is otherwise excluded
   66         from designation as a target industry business to
   67         qualify upon approval pursuant to local ordinance;
   68         waiving certain minimum average wage requirements for
   69         target industry businesses located in an energy
   70         economic zone; excluding qualified target industry
   71         businesses within an energy economic zone from the
   72         minimum average wage requirements; amending s.
   73         377.809, F.S.; extending to February 15, 2015, the
   74         deadline for submission by the Department of Community
   75         Affairs of its report evaluating the energy economic
   76         zone pilot program; expanding the Energy Economic Zone
   77         Pilot Program to provide fiscal and regulatory
   78         incentives for eligible businesses; providing criteria
   79         for receiving fiscal and regulatory incentives;
   80         allowing public utilities to grant certain discounts
   81         to small businesses located in an energy economic
   82         zone; providing for additional incentives; giving
   83         priority ranking to certain business located in energy
   84         economic zones for grants administered by the Florida
   85         Energy and Climate Commission or for other grants or
   86         programs; clarifying terms relating to energy economic
   87         zone eligibility criteria; requiring the local
   88         governing body to certify to the Department of
   89         Revenue, the Department of Community Affairs, and the
   90         Office of Tourism, Trade, and Economic Development the
   91         pilot community’s developments and businesses eligible
   92         for the incentives in specified circumstances;
   93         authorizing the local governing body to revise
   94         boundaries of the energy economic zone in specified
   95         circumstances; requiring a community within an energy
   96         economic zone pilot program to adopt an ordinance
   97         authorizing certain tax incentives; providing
   98         additional criteria that may be included in the
   99         ordinance; limiting the amount of tax incentives
  100         available; providing circumstances and criteria for
  101         the transfer of tax credits; amending s. 445.003,
  102         F.S.; specifying eligibility for reimbursement grants
  103         under the Incumbent Worker Training Program to
  104         businesses in an energy economic zone; amending s.
  105         220.191, F.S.; conforming a cross-reference; providing
  106         an effective date.
  107  
  108  Be It Enacted by the Legislature of the State of Florida:
  109  
  110         Section 1. Subsection (2) of section 163.32465, Florida
  111  Statutes, is amended to read:
  112         163.32465 State review of local comprehensive plans in
  113  urban areas.—
  114         (2) ALTERNATIVE STATE REVIEW PROCESS PILOT PROGRAM.
  115  Pinellas and Broward Counties, and the municipalities within
  116  these counties, and Jacksonville, Miami, Tampa, and Hialeah, and
  117  areas designated as energy economic zones created under s.
  118  377.809 shall follow an alternative state review process
  119  provided in this section. Municipalities within the pilot
  120  counties may elect, by super majority vote of the governing
  121  body, not to participate in the pilot program. In addition to
  122  the pilot program jurisdictions, any local government may use
  123  the alternative state review process to designate an urban
  124  service area as defined in s. 163.3164(29) in its comprehensive
  125  plan.
  126         Section 2. Paragraphs (c), (g), and (h) of subsection (5)
  127  and subsection (15) of section 212.08, Florida Statutes, are
  128  amended to read:
  129         212.08 Sales, rental, use, consumption, distribution, and
  130  storage tax; specified exemptions.—The sale at retail, the
  131  rental, the use, the consumption, the distribution, and the
  132  storage to be used or consumed in this state of the following
  133  are hereby specifically exempt from the tax imposed by this
  134  chapter.
  135         (5) EXEMPTIONS; ACCOUNT OF USE.—
  136         (c) Machinery and equipment used in production of
  137  electrical or steam energy or production of renewable energy in
  138  an energy economic zone pursuant to s. 377.809.—
  139         1. The purchase of machinery and equipment for use at a
  140  fixed location which machinery and equipment are necessary in
  141  the production of electrical or steam energy resulting from the
  142  burning of boiler fuels other than residual oil or the
  143  production of renewable energy in an energy economic zone
  144  eligible under s. 377.809 is exempt from the tax imposed by this
  145  chapter. Such electrical, or steam, or renewable energy must be
  146  primarily for use in manufacturing, processing, compounding, or
  147  producing for sale items of tangible personal property in this
  148  state. Use of a de minimis amount of residual fuel to facilitate
  149  the burning of nonresidual fuel shall not reduce the exemption
  150  otherwise available under this paragraph.
  151         2. In facilities where machinery and equipment are
  152  necessary to burn both residual and nonresidual fuels, the
  153  exemption shall be prorated. Such proration shall be based upon
  154  the production of electrical or steam energy from nonresidual
  155  fuels as a percentage of electrical or steam energy from all
  156  fuels. If it is determined that 15 percent or less of all
  157  electrical or steam energy generated was produced by burning
  158  residual fuel, the full exemption shall apply. Purchasers
  159  claiming a partial exemption shall obtain such exemption by
  160  refund of taxes paid, or as otherwise provided in the
  161  department’s rules.
  162         3. The department may adopt rules that provide for
  163  implementation of this exemption. Purchasers of machinery and
  164  equipment qualifying for the exemption provided in this
  165  paragraph shall furnish the vendor with an affidavit stating
  166  that the item or items to be exempted are for the use designated
  167  by this paragraph herein. Any person furnishing a false
  168  affidavit to the vendor for the purpose of evading payment of
  169  any tax imposed under this chapter shall be subject to the
  170  penalty set forth in s. 212.085 and as otherwise provided by
  171  law. Purchasers with self-accrual authority shall maintain all
  172  documentation necessary to prove the exempt status of purchases.
  173         (g) Building materials used in the rehabilitation of real
  174  property located in an enterprise zone or an energy economic
  175  zone.—
  176         1. Building materials used in the rehabilitation of real
  177  property located in an enterprise zone or in an energy economic
  178  zone, as defined by ordinance pursuant to s. 377.809, are exempt
  179  from the tax imposed by this chapter upon an affirmative showing
  180  to the satisfaction of the department that the items have been
  181  used for the rehabilitation of real property located in an
  182  enterprise zone or an energy economic zone. Except as provided
  183  in subparagraph 2., this exemption inures to the owner, lessee,
  184  or lessor at the time the real property is rehabilitated, but
  185  only through a refund of previously paid taxes. To receive a
  186  refund pursuant to this paragraph, the owner, lessee, or lessor
  187  of the rehabilitated real property must file an application
  188  under oath with the governing body or enterprise zone
  189  development agency having jurisdiction over the enterprise zone
  190  or energy economic zone where the business is located, as
  191  applicable. A single application for a refund may be submitted
  192  for multiple, contiguous parcels that were part of a single
  193  parcel that was divided as part of the rehabilitation of the
  194  property. All other requirements of this paragraph apply to each
  195  parcel on an individual basis. The application must include:
  196         a. The name and address of the person claiming the refund.
  197         b. An address and assessment roll parcel number of the
  198  rehabilitated real property for which a refund of previously
  199  paid taxes is being sought.
  200         c. A description of the improvements made to accomplish the
  201  rehabilitation of the real property.
  202         d. A copy of a valid building permit issued by the county
  203  or municipal building department for the rehabilitation of the
  204  real property.
  205         e. A sworn statement, under penalty of perjury, from the
  206  general contractor licensed in this state with whom the
  207  applicant contracted to make the improvements necessary to
  208  rehabilitate the real property, which lists the building
  209  materials used to rehabilitate the real property, the actual
  210  cost of the building materials, and the amount of sales tax paid
  211  in this state on the building materials. If a general contractor
  212  was not used, the applicant, not a general contractor, shall
  213  make the sworn statement required by this sub-subparagraph.
  214  Copies of the invoices that evidence the purchase of the
  215  building materials used in the rehabilitation and the payment of
  216  sales tax on the building materials must be attached to the
  217  sworn statement provided by the general contractor or by the
  218  applicant. Unless the actual cost of building materials used in
  219  the rehabilitation of real property and the payment of sales
  220  taxes is documented by a general contractor or by the applicant
  221  in this manner, the cost of the building materials is deemed to
  222  be an amount equal to 40 percent of the increase in assessed
  223  value for ad valorem tax purposes.
  224         f. The identifying number assigned pursuant to s. 290.0065
  225  to the enterprise zone or the location of the energy economic
  226  zone in which the rehabilitated real property is located.
  227         g. A certification by the local building code inspector
  228  that the improvements necessary to rehabilitate the real
  229  property are substantially completed.
  230         h. A statement of whether the business is a small business
  231  as defined by s. 288.703(1).
  232         i. If applicable, the name and address of each permanent
  233  employee of the business, including, for each employee who is a
  234  resident of an enterprise zone or an energy economic zone, the
  235  identifying number assigned pursuant to s. 290.0065 to the
  236  enterprise zone in which the employee resides.
  237         2. This exemption inures to a municipality, county, other
  238  governmental unit or agency, or nonprofit community-based
  239  organization through a refund of previously paid taxes if the
  240  building materials used in the rehabilitation are paid for from
  241  the funds of a community development block grant, State Housing
  242  Initiatives Partnership Program, or similar grant or loan
  243  program. To receive a refund, a municipality, county, other
  244  governmental unit or agency, or nonprofit community-based
  245  organization must file an application that includes the same
  246  information required in subparagraph 1. In addition, the
  247  application must include a sworn statement signed by the chief
  248  executive officer of the municipality, county, other
  249  governmental unit or agency, or nonprofit community-based
  250  organization seeking a refund which states that the building
  251  materials for which a refund is sought were funded by a
  252  community development block grant, State Housing Initiatives
  253  Partnership Program, or similar grant or loan program.
  254         3. Within 10 working days after receipt of an application,
  255  the governing body or enterprise zone development agency shall
  256  review the application to determine if it contains all the
  257  information required by subparagraph 1. or subparagraph 2. and
  258  meets the criteria set out in this paragraph. The governing body
  259  or agency shall certify all applications that contain the
  260  required information and are eligible to receive a refund. If
  261  applicable, the governing body or agency shall also certify if
  262  20 percent of the employees of the business are residents of an
  263  enterprise zone, excluding temporary and part-time employees.
  264  The certification must be in writing, and a copy of the
  265  certification shall be transmitted to the executive director of
  266  the department. The applicant is responsible for forwarding a
  267  certified application to the department within the time
  268  specified in subparagraph 4.
  269         4. An application for a refund must be submitted to the
  270  department within 6 months after the rehabilitation of the
  271  property is deemed to be substantially completed by the local
  272  building code inspector or by November 1 after the rehabilitated
  273  property is first subject to assessment.
  274         5. Only one exemption through a refund of previously paid
  275  taxes for the rehabilitation of real property is permitted for
  276  any single parcel of property unless there is a change in
  277  ownership, a new lessor, or a new lessee of the real property. A
  278  refund may not be granted unless the amount to be refunded
  279  exceeds $500. A refund may not exceed the lesser of 97 percent
  280  of the Florida sales or use tax paid on the cost of the building
  281  materials used in the rehabilitation of the real property as
  282  determined pursuant to sub-subparagraph 1.e. or $5,000, or, if
  283  at least 20 percent of the employees of the business are
  284  residents of an enterprise zone, excluding temporary and part
  285  time employees, the amount of refund may not exceed the lesser
  286  of 97 percent of the sales tax paid on the cost of the building
  287  materials or $10,000. A refund shall be made within 30 days
  288  after formal approval by the department of the application for
  289  the refund.
  290         6. The department shall adopt rules governing the manner
  291  and form of refund applications and may establish guidelines as
  292  to the requisites for an affirmative showing of qualification
  293  for exemption under this paragraph.
  294         7. The department shall deduct an amount equal to 10
  295  percent of each refund granted under this paragraph from the
  296  amount transferred into the Local Government Half-cent Sales Tax
  297  Clearing Trust Fund pursuant to s. 212.20 for the county area in
  298  which the rehabilitated real property is located and shall
  299  transfer that amount to the General Revenue Fund.
  300         8. For the purposes of the exemption provided in this
  301  paragraph, the term:
  302         a. “Building materials” means tangible personal property
  303  that becomes a component part of improvements to real property.
  304         b. “Real property” has the same meaning as provided in s.
  305  192.001(12), except that the term does not include a condominium
  306  parcel or condominium property as defined in s. 718.103.
  307         c. “Rehabilitation of real property” means the
  308  reconstruction, renovation, restoration, rehabilitation,
  309  construction, or expansion of improvements to real property.
  310         d. “Substantially completed” has the same meaning as
  311  provided in s. 192.042(1).
  312         9. This paragraph expires on the date specified in s.
  313  290.016 for the expiration of the Florida Enterprise Zone Act
  314  or, as it relates to energy economic zones, the date specified
  315  in s. 377.809, if the Legislature repeals the Energy Economic
  316  Zone Pilot Program.
  317         (h) Business property used in an enterprise zone or an
  318  energy economic zone.—
  319         1. Business property purchased for use by businesses
  320  located in an enterprise zone or in an energy economic zone that
  321  is deemed eligible by ordinance pursuant to s. 377.809 which is
  322  subsequently used in an enterprise zone or an energy economic
  323  zone shall be exempt from the tax imposed by this chapter. This
  324  exemption inures to the business only through a refund of
  325  previously paid taxes. A refund shall be authorized upon an
  326  affirmative showing by the taxpayer to the satisfaction of the
  327  department that the requirements of this paragraph have been
  328  met.
  329         2. To receive a refund, the business must file under oath
  330  with the governing body or enterprise zone development agency
  331  having jurisdiction over the enterprise zone or the energy
  332  economic zone where the business is located, as applicable, an
  333  application that which includes:
  334         a. The name and address of the business claiming the
  335  refund.
  336         b. The identifying number assigned pursuant to s. 290.0065
  337  to the enterprise zone in which the business is located or the
  338  location of the energy economic zone.
  339         c. A specific description of the property for which a
  340  refund is sought, including its serial number or other permanent
  341  identification number, if applicable.
  342         d. The location of the property.
  343         e. The sales invoice or other proof of purchase of the
  344  property, showing the amount of sales tax paid, the date of
  345  purchase, and the name and address of the sales tax dealer from
  346  whom the property was purchased.
  347         f. Whether the business is a small business as defined by
  348  s. 288.703(1).
  349         g. If applicable, the name and address of each permanent
  350  employee of the business, including, for each employee who is a
  351  resident of an enterprise zone or an energy economic zone, the
  352  identifying number assigned pursuant to s. 290.0065 to the
  353  enterprise zone in which the employee resides.
  354         3. Within 10 working days after receipt of an application,
  355  the governing body or enterprise zone development agency shall
  356  review the application to determine if it contains all the
  357  information required pursuant to subparagraph 2. and meets the
  358  criteria set out in this paragraph. The governing body or agency
  359  shall certify all applications that contain the information
  360  required pursuant to subparagraph 2. and meet the criteria set
  361  out in this paragraph as eligible to receive a refund. If
  362  applicable, the governing body or agency shall also certify if
  363  20 percent of the employees of the business are residents of an
  364  enterprise zone, excluding temporary and part-time employees.
  365  The certification shall be in writing, and a copy of the
  366  certification shall be transmitted to the executive director of
  367  the Department of Revenue. The business shall be responsible for
  368  forwarding a certified application to the department within the
  369  time specified in subparagraph 4.
  370         4. An application for a refund pursuant to this paragraph
  371  must be submitted to the department within 6 months after the
  372  tax is due on the business property that is purchased.
  373         5. The amount refunded on purchases of business property
  374  under this paragraph shall be the lesser of 97 percent of the
  375  sales tax paid on such business property or $5,000, or, if no
  376  less than 20 percent of the employees of the business are
  377  residents of an enterprise zone, excluding temporary and part
  378  time employees, the amount refunded on purchases of business
  379  property under this paragraph shall be the lesser of 97 percent
  380  of the sales tax paid on such business property or $10,000. A
  381  refund approved pursuant to this paragraph shall be made within
  382  30 days of formal approval by the department of the application
  383  for the refund. No refund shall be granted under this paragraph
  384  unless the amount to be refunded exceeds $100 in sales tax paid
  385  on purchases made within a 60-day time period.
  386         6. The department shall adopt rules governing the manner
  387  and form of refund applications and may establish guidelines as
  388  to the requisites for an affirmative showing of qualification
  389  for exemption under this paragraph.
  390         7. If the department determines that the business property
  391  is used outside an enterprise zone within 3 years from the date
  392  of purchase, the amount of taxes refunded to the business
  393  purchasing such business property shall immediately be due and
  394  payable to the department by the business, together with the
  395  appropriate interest and penalty, computed from the date of
  396  purchase, in the manner provided by this chapter.
  397  Notwithstanding this subparagraph, business property used
  398  exclusively in:
  399         a. Licensed commercial fishing vessels,
  400         b. Fishing guide boats, or
  401         c. Ecotourism guide boats
  402  
  403  that leave and return to a fixed location within an area
  404  designated under s. 379.2353 are eligible for the exemption
  405  provided under this paragraph if all requirements of this
  406  paragraph are met. Such vessels and boats must be owned by a
  407  business that is eligible to receive the exemption provided
  408  under this paragraph. This exemption does not apply to the
  409  purchase of a vessel or boat.
  410         8. The department shall deduct an amount equal to 10
  411  percent of each refund granted under the provisions of this
  412  paragraph from the amount transferred into the Local Government
  413  Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20
  414  for the county area in which the business property is located
  415  and shall transfer that amount to the General Revenue Fund.
  416         9. For the purposes of this exemption, “business property”
  417  means new or used property defined as “recovery property” in s.
  418  168(c) of the Internal Revenue Code of 1954, as amended, except:
  419         a. Property classified as 3-year property under s.
  420  168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;
  421         b. Industrial machinery and equipment as defined in sub
  422  subparagraph (b)6.a. and eligible for exemption under paragraph
  423  (b);
  424         c. Building materials as defined in sub-subparagraph
  425  (g)8.a.; and
  426         d. Business property having a sales price of under $5,000
  427  per unit.
  428         10. This paragraph expires on the date specified in s.
  429  290.016 for the expiration of the Florida Enterprise Zone Act
  430  or, as it relates to energy economic zones, the date specified
  431  in s. 377.809, if the Legislature repeals the Energy Economic
  432  Zone Pilot Program.
  433         (15) ELECTRICAL ENERGY USED IN AN ENTERPRISE ZONE OR ENERGY
  434  ECONOMIC ZONE.—
  435         (a) Beginning July 1, 1995, charges for electrical energy
  436  used by a qualified business at a fixed location in an
  437  enterprise zone in a municipality that which has enacted an
  438  ordinance pursuant to s. 166.231(8) which provides for exemption
  439  of municipal utility taxes on such businesses, or in an
  440  enterprise zone jointly authorized by a county and a
  441  municipality that which has enacted an ordinance pursuant to s.
  442  166.231(8) which provides for exemption of municipal utility
  443  taxes on such businesses, or in an energy economic zone as
  444  defined by ordinance pursuant to s. 377.809 shall receive an
  445  exemption equal to 50 percent of the tax imposed by this
  446  chapter, or, if no less than 20 percent of the employees of the
  447  business are residents of an enterprise zone, excluding
  448  temporary and part-time employees, the exemption shall be equal
  449  to 100 percent of the tax imposed by this chapter. A qualified
  450  business may receive such exemption for a period of 5 years from
  451  the billing period beginning not more than 30 days following
  452  notification to the applicable utility company by the department
  453  that an exemption has been authorized pursuant to this
  454  subsection and s. 166.231(8).
  455         (b) To receive this exemption, a business must file an
  456  application, with the enterprise zone or local governing body
  457  development agency having jurisdiction over the enterprise zone
  458  or the energy economic zone where the business is located, on a
  459  form provided by the department for the purposes of this
  460  subsection and s. 166.231(8). The application shall be made
  461  under oath and shall include:
  462         1. The name and location of the business.
  463         2. The identifying number assigned pursuant to s. 290.0065
  464  to the enterprise zone in which the business is located or
  465  location of the energy economic zone.
  466         3. The date on which electrical service is to be first
  467  initiated to the business.
  468         4. The name and mailing address of the entity from which
  469  electrical energy is to be purchased.
  470         5. The date of the application.
  471         6. The name of the city in which the business is located.
  472         7. If applicable, the name and address of each permanent
  473  employee of the business including, for each employee who is a
  474  resident of an enterprise zone or an energy economic zone, the
  475  identifying number assigned pursuant to s. 290.0065 to the
  476  enterprise zone in which the employee resides.
  477         8. Whether the business is a small business as defined by
  478  s. 288.703(1).
  479         (c) Within 10 working days after receipt of an application,
  480  the enterprise zone development agency or the local governing
  481  body shall review the application to determine if it contains
  482  all information required pursuant to paragraph (b) and meets the
  483  criteria set out in this subsection. The agency shall certify
  484  all applications that contain the information required pursuant
  485  to paragraph (b) and meet the criteria set out in this
  486  subsection as eligible to receive an exemption. If applicable,
  487  the agency shall also certify if 20 percent of the employees of
  488  the business are residents of an enterprise zone, excluding
  489  temporary and part-time employees. The certification shall be in
  490  writing, and a copy of the certification shall be transmitted to
  491  the executive director of the Department of Revenue. The
  492  applicant shall be responsible for forwarding a certified
  493  application to the department within 6 months after the
  494  occurrence of the appropriate qualifying provision set out in
  495  paragraph (f).
  496         (d) If, in a subsequent audit conducted by the department,
  497  it is determined that the business did not meet the criteria
  498  mandated in this subsection, the amount of taxes exempted shall
  499  immediately be due and payable to the department by the
  500  business, together with the appropriate interest and penalty,
  501  computed from the due date of each bill for the electrical
  502  energy purchased as exempt under this subsection, in the manner
  503  prescribed by this chapter.
  504         (e) The department shall adopt rules governing applications
  505  for, issuance of, and the form of applications for the exemption
  506  for enterprise zones authorized in this subsection and
  507  provisions for recapture of taxes exempted under this
  508  subsection, and the department may establish guidelines as to
  509  qualifications for exemption. For energy economic zones, the
  510  local governing body shall develop an application for approval
  511  by the Department of Revenue.
  512         (f) For the purpose of the exemption provided in this
  513  subsection, the term “qualified business” means a business that
  514  which is:
  515         1. First occupying a new structure to which electrical
  516  service, other than that used for construction purposes, has not
  517  been previously provided or furnished;
  518         2. Newly occupying an existing, remodeled, renovated, or
  519  rehabilitated structure to which electrical service, other than
  520  that used for remodeling, renovation, or rehabilitation of the
  521  structure, has not been provided or furnished in the three
  522  preceding billing periods; or
  523         3. Occupying a new, remodeled, rebuilt, renovated, or
  524  rehabilitated structure for which a refund has been granted
  525  pursuant to paragraph (5)(g).
  526         (g) This subsection expires on the date specified in s.
  527  290.016 for the expiration of the Florida Enterprise Zone Act
  528  or, as it relates to energy economic zones, the date specified
  529  in s. 377.809, if the Legislature repeals the Energy Economic
  530  Zone Pilot Program, except that:
  531         1. Paragraph (d) shall not expire; and
  532         2. Any qualified business that which has been granted an
  533  exemption under this subsection prior to that date shall be
  534  allowed the full benefit of this exemption as if this subsection
  535  had not expired on that date.
  536         Section 3. Present subsection (12) of section 212.096,
  537  Florida Statutes, is renumbered as subsection (13), and a new
  538  subsection (12) is added to that section, to read:
  539         212.096 Sales, rental, storage, use tax; enterprise zone
  540  jobs credit against sales tax.—
  541         (12) The tax credit authorized in this section may be used
  542  by eligible businesses in an energy economic zone created under
  543  s. 377.809. The credit must be calculated pursuant to subsection
  544  (2), except that, for purposes of the energy economic zone, the
  545  employee residency requirements apply to employees who are
  546  residents of an enterprise zone or an energy economic zone. The
  547  local governing body of the energy economic zone shall develop
  548  an application in consultation with the Department of Revenue
  549  which must include the applicable information required in
  550  subsection (3). An eligible business must submit the completed
  551  application to the local governing body that is responsible for
  552  review and certification as provided in this section, and all
  553  other provisions of this section apply.
  554         Section 4. Present subsection (9) of section 220.181,
  555  Florida Statutes, is amended and renumbered as subsection (10),
  556  and a new subsection (9) is added to that section, to read:
  557         220.181 Enterprise zone jobs credit.—
  558         (9) The tax credit authorized in this section is available
  559  to eligible businesses in an energy economic zone created under
  560  s. 377.809. The credit must be calculated pursuant to subsection
  561  (1), except that, for purposes of the energy economic zone, the
  562  employee residency requirements apply to employees who are
  563  residents of an enterprise zone or an energy economic zone. The
  564  local governing body of the energy economic zone shall develop
  565  an application in consultation with the Department of Revenue
  566  which must include the applicable information required in
  567  subsection (2). A business must submit the completed application
  568  to the local governing body that is responsible for review and
  569  certification as provided in this section and all other
  570  provisions of this section apply.
  571         (10)(9) This section, except paragraph (1)(c) and
  572  subsection (8), expires on the date specified in s. 290.016 for
  573  the expiration of the Florida Enterprise Zone Act or, as it
  574  relates to energy economic zones, the date provided in s.
  575  377.809, if the Legislature repeals the Energy Economic Zone
  576  Pilot Program, and a business may not begin claiming the
  577  enterprise zone or energy economic zone jobs credit after the
  578  applicable that date; however, the expiration of this section
  579  does not affect the operation of any credit for which a business
  580  has qualified under this section before that date, or any
  581  carryforward of unused credit amounts as provided in paragraph
  582  (1)(c).
  583         Section 5. Present subsection (14) of section 220.182,
  584  Florida Statutes, is amended and renumbered as subsection (15),
  585  and a new subsection (14) is added to that section, to read:
  586         220.182 Enterprise zone property tax credit.—
  587         (14) The tax credit authorized in this section is available
  588  to eligible businesses in an energy economic zone created
  589  pursuant to s. 377.809. The credit must be calculated pursuant
  590  to subsection (1), except that, for purposes of the energy
  591  economic zone, the employee residency requirements apply to
  592  employees who are residents of an enterprise zone or an energy
  593  economic zone. The local governing body of the energy economic
  594  zone shall develop an application in consultation with the
  595  Department of Revenue which must include the information
  596  required in subsection (11). A business must submit the
  597  completed application to the local governing body that is
  598  responsible for review and certification as provided in this
  599  section, and all other provisions of this section apply.
  600         (15)(14) This section expires on the date specified in s.
  601  290.016 for the expiration of the Florida Enterprise Zone Act
  602  or, as it relates to energy economic zones, the date specified
  603  in s. 377.809, if the Legislature repeals the Energy Economic
  604  Zone Pilot Program, and a business may not begin claiming the
  605  enterprise zone or energy economic zone property tax credit
  606  after the applicable that date; however, the expiration of this
  607  section does not affect the operation of any credit for which a
  608  business has qualified under this section before that date, or
  609  any carryforward of unused credit amounts as provided in
  610  paragraph (1)(b).
  611         Section 6. Paragraphs (c) and (d) of subsection (2) of
  612  section 220.183, Florida Statutes, are amended to read:
  613         220.183 Community contribution tax credit.—
  614         (2) ELIGIBILITY REQUIREMENTS.—
  615         (c) The project must be undertaken by an “eligible
  616  sponsor,” defined here as:
  617         1. A community action program;
  618         2. A nonprofit community-based development organization
  619  whose mission is the provision of housing for low-income or
  620  very-low-income households or increasing entrepreneurial and
  621  job-development opportunities for low-income persons;
  622         3. A neighborhood housing services corporation;
  623         4. A local housing authority, created pursuant to chapter
  624  421;
  625         5. A community redevelopment agency, created pursuant to s.
  626  163.356;
  627         6. The Florida Industrial Development Corporation;
  628         7. An historic preservation district agency or
  629  organization;
  630         8. A regional workforce board;
  631         9. A direct-support organization as provided in s.
  632  1009.983;
  633         10. An enterprise zone development agency created pursuant
  634  to s. 290.0056;
  635         11. A local governing body that has jurisdiction of an
  636  energy economic zone created pursuant to s. 377.809;
  637         12.11. A community-based organization incorporated under
  638  chapter 617 which is recognized as educational, charitable, or
  639  scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
  640  and whose bylaws and articles of incorporation include
  641  affordable housing, economic development, or community
  642  development as the primary mission of the corporation;
  643         13.12. Units of local government;
  644         14.13. Units of state government; or
  645         15.14. Such other agency as the Office of Tourism, Trade,
  646  and Economic Development may, from time to time, designate by
  647  rule.
  648  
  649  In no event shall a contributing business firm have a financial
  650  interest in the eligible sponsor.
  651         (d) The project shall be located in an area designated as
  652  an enterprise zone or a Front Porch Florida Community pursuant
  653  to s. 20.18(6) or an energy economic zone pursuant to s.
  654  377.809. Any project designed to construct or rehabilitate
  655  housing for low-income or very-low-income households as defined
  656  in s. 420.9071(19) and (28) is exempt from the area requirement
  657  of this paragraph. This section does not preclude projects that
  658  propose to construct or rehabilitate housing for low-income or
  659  very-low-income households on scattered sites. Any project
  660  designed to provide increased access to high-speed broadband
  661  capabilities which includes coverage of a rural enterprise zone
  662  may locate the project’s infrastructure in any area of a rural
  663  county.
  664         Section 7. Subsection (4) of section 288.047, Florida
  665  Statutes, is amended to read:
  666         288.047 Quick-response training for economic development.—
  667         (4) For the first 6 months of each fiscal year, Workforce
  668  Florida, Inc., shall set aside 30 percent of the amount
  669  appropriated for the Quick-Response Training Program by the
  670  Legislature to fund instructional programs for businesses
  671  located in an enterprise zone, or brownfield area, or energy
  672  economic zone created pursuant to s. 377.809. Any unencumbered
  673  funds remaining undisbursed from this set-aside at the end of
  674  the 6-month period may be used to provide funding for any
  675  program qualifying for funding pursuant to this section.
  676         Section 8. Subsection (4) of section 288.063, Florida
  677  Statutes, is amended to read:
  678         288.063 Contracts for transportation projects.—
  679         (4) The Office of Tourism, Trade, and Economic Development
  680  may adopt criteria by which transportation projects are to be
  681  reviewed and certified in accordance with s. 288.061. In
  682  approving transportation projects for funding, the Office of
  683  Tourism, Trade, and Economic Development shall consider factors
  684  including, but not limited to, the cost per job created or
  685  retained considering the amount of transportation funds
  686  requested; the average hourly rate of wages for jobs created;
  687  the reliance on the program as an inducement for the project’s
  688  location decision; the amount of capital investment to be made
  689  by the business; the demonstrated local commitment; the location
  690  of the project in an enterprise zone designated pursuant to s.
  691  290.0055; the location of the project in an energy economic zone
  692  created under s. 377.809; the location of the project in a
  693  spaceport territory as defined in s. 331.304; the unemployment
  694  rate of the surrounding area; the poverty rate of the community;
  695  and the adoption of an economic element as part of its local
  696  comprehensive plan in accordance with s. 163.3177(7)(j). The
  697  Office of Tourism, Trade, and Economic Development may contact
  698  any agency it deems appropriate for additional input regarding
  699  the approval of projects.
  700         Section 9. Subsection (2), paragraphs (b) and (c) of
  701  subsection (3), paragraph (b) of subsection (4), and paragraph
  702  (e) of subsection (6) of section 288.106, Florida Statutes, are
  703  amended to read:
  704         288.106 Tax refund program for qualified target industry
  705  businesses.—
  706         (2) DEFINITIONS.—As used in this section:
  707         (a) “Account” means the Economic Development Incentives
  708  Account within the Economic Development Trust Fund established
  709  under s. 288.095.
  710         (b) “Authorized local economic development agency” means a
  711  public or private entity, including an entity defined in s.
  712  288.075, authorized by a county or municipality to promote the
  713  general business or industrial interests of that county or
  714  municipality.
  715         (c) “Average private sector wage in the area” means the
  716  statewide private sector average wage or the average of all
  717  private sector wages and salaries in the county or in the
  718  standard metropolitan area in which the business is located.
  719         (d) “Business” means an employing unit, as defined in s.
  720  443.036, which that is registered for unemployment compensation
  721  purposes with the state agency providing unemployment tax
  722  collection services under contract with the Agency for Workforce
  723  Innovation through an interagency agreement pursuant to s.
  724  443.1316, or a subcategory or division of an employing unit that
  725  is accepted by the state agency providing unemployment tax
  726  collection services as a reporting unit.
  727         (e) “Corporate headquarters business” means an
  728  international, national, or regional headquarters office of a
  729  multinational or multistate business enterprise or national
  730  trade association, whether separate from or connected with other
  731  facilities used by such business.
  732         (f) “Director” means the Director of the Office of Tourism,
  733  Trade, and Economic Development.
  734         (g) “Energy economic zone” means an area designated as an
  735  energy economic zone pursuant to s. 377.809.
  736         (h)(g) “Enterprise zone” means an area designated as an
  737  enterprise zone pursuant to s. 290.0065.
  738         (i)(h) “Expansion of an existing business” means the
  739  expansion of an existing Florida business by or through
  740  additions to real and personal property, resulting in a net
  741  increase in employment of not less than 10 percent at such
  742  business.
  743         (j)(i) “Fiscal year” means the fiscal year of the state.
  744         (k)(j) “Jobs” means full-time equivalent positions,
  745  including, but not limited to, positions obtained from a
  746  temporary employment agency or employee leasing company or
  747  through a union agreement or coemployment under a professional
  748  employer organization agreement, which that result directly from
  749  a project in this state. The term does not include temporary
  750  construction jobs involved with the construction of facilities
  751  for the project or any jobs previously included in any
  752  application for tax refunds under s. 288.1045 or this section.
  753         (l)(k) “Local financial support” means funding from local
  754  sources, public or private, which that is paid to the Economic
  755  Development Trust Fund and which that is equal to 20 percent of
  756  the annual tax refund for a qualified target industry business.
  757  A qualified target industry business may not provide, directly
  758  or indirectly, more than 5 percent of such funding in any fiscal
  759  year. The sources of such funding may not include, directly or
  760  indirectly, state funds appropriated from the General Revenue
  761  Fund or any state trust fund, excluding tax revenues shared with
  762  local governments pursuant to law.
  763         (m)(l) “Local financial support exemption option” means the
  764  option to exercise an exemption from the local financial support
  765  requirement available to any applicant whose project is located
  766  in a brownfield area, a rural city, or a rural community. Any
  767  applicant that exercises this option is not eligible for more
  768  than 80 percent of the total tax refunds allowed such applicant
  769  under this section.
  770         (n)(m) “New business” means a business that applies for a
  771  tax refund under this section before beginning operations in
  772  this state and that is a legal entity separate from any other
  773  commercial or industrial operations owned by the same business.
  774         (o)(n) “Office” means the Office of Tourism, Trade, and
  775  Economic Development.
  776         (p)(o) “Project” means the creation of a new business or
  777  expansion of an existing business.
  778         (q)(p) “Qualified target industry business” means a target
  779  industry business approved by the office to be eligible for tax
  780  refunds under this section.
  781         (r)(q) “Return on investment” means the gain in state
  782  revenues as a percentage of the state’s investment. The state’s
  783  investment includes state grants, tax exemptions, tax refunds,
  784  tax credits, and other state incentives.
  785         (s)(r) “Rural city” means a city having a population of
  786  10,000 or fewer, or a city having a population of greater than
  787  10,000 but fewer than 20,000 which that has been determined by
  788  the office to have economic characteristics such as, but not
  789  limited to, a significant percentage of residents on public
  790  assistance, a significant percentage of residents with income
  791  below the poverty level, or a significant percentage of the
  792  city’s employment base in agriculture-related industries.
  793         (t)(s) “Rural community” means:
  794         1. A county having a population of 75,000 or fewer.
  795         2. A county having a population of 125,000 or fewer which
  796  that is contiguous to a county having a population of 75,000 or
  797  fewer.
  798         3. A municipality within a county described in subparagraph
  799  1. or subparagraph 2.
  800  
  801  For purposes of this paragraph, population shall be determined
  802  in accordance with the most recent official estimate pursuant to
  803  s. 186.901.
  804         (u)(t) “Target industry business” means a corporate
  805  headquarters business or any business that is engaged in one of
  806  the target industries identified pursuant to the following
  807  criteria developed by the office in consultation with Enterprise
  808  Florida, Inc., or any business that is engaged in one of the
  809  target industries identified by the local governing body of an
  810  energy economic zone pursuant to an ordinance and approved by
  811  the Office of Tourism, Trade, and Economic Development:
  812         1. Future growth.—Industry forecasts should indicate strong
  813  expectation for future growth in both employment and output,
  814  according to the most recent available data. Special
  815  consideration should be given to businesses that export goods
  816  to, or provide services in, international markets and businesses
  817  that replace domestic and international imports of goods or
  818  services.
  819         2. Stability.—The industry should not be subject to
  820  periodic layoffs, whether due to seasonality or sensitivity to
  821  volatile economic variables such as weather. The industry should
  822  also be relatively resistant to recession, so that the demand
  823  for products of this industry is not typically subject to
  824  decline during an economic downturn.
  825         3. High wage.—The industry should pay relatively high wages
  826  compared to statewide or area averages.
  827         4. Market and resource independent.—The location of
  828  industry businesses should not be dependent on Florida markets
  829  or resources as indicated by industry analysis, except for
  830  businesses in the renewable energy industry or a business
  831  located in an energy economic zone.
  832         5. Industrial base diversification and strengthening.—The
  833  industry should contribute toward expanding or diversifying the
  834  state’s or area’s economic base, as indicated by analysis of
  835  employment and output shares compared to national and regional
  836  trends. Special consideration should be given to industries that
  837  strengthen regional economies by adding value to basic products
  838  or building regional industrial clusters as indicated by
  839  industry analysis. Special consideration should also be given to
  840  the development of strong industrial clusters that include
  841  defense and homeland security businesses.
  842         6. Economic benefits.—The industry is expected to have
  843  strong positive impacts on or benefits to the state or regional
  844  economies.
  845  
  846  The term does not include any business engaged in retail
  847  industry activities; any electrical utility company; any
  848  phosphate or other solid minerals severance, mining, or
  849  processing operation; any oil or gas exploration or production
  850  operation; or any business subject to regulation by the Division
  851  of Hotels and Restaurants of the Department of Business and
  852  Professional Regulation. Any business within NAICS code 5611 or
  853  5614, office administrative services and business support
  854  services, respectively, may be considered a target industry
  855  business only after the local governing body and Enterprise
  856  Florida, Inc., make a determination that the community where the
  857  business may locate has conditions affecting the fiscal and
  858  economic viability of the local community or area, including but
  859  not limited to, factors such as low per capita income, high
  860  unemployment, high underemployment, and a lack of year-round
  861  stable employment opportunities, and such conditions may be
  862  improved by the location of such a business to the community.
  863  Any business excluded by this paragraph is considered a target
  864  industry business within an energy economic zone only after the
  865  local governing body and the Office of Tourism, Trade, and
  866  Economic Development determine that the industry has been
  867  identified as a target industry pursuant to local ordinance, and
  868  that the establishment of the business in the energy economic
  869  zone is consistent with the goals and strategic plan of the
  870  energy economic zone. By January 1 of every 3rd year, beginning
  871  January 1, 2011, the office, in consultation with Enterprise
  872  Florida, Inc., economic development organizations, the State
  873  University System, local governments, employee and employer
  874  organizations, market analysts, and economists, shall review
  875  and, as appropriate, revise the list of such target industries
  876  and submit the list to the Governor, the President of the
  877  Senate, and the Speaker of the House of Representatives.
  878         (v)(u) “Taxable year” means taxable year as defined in s.
  879  220.03(1)(y).
  880         (3) TAX REFUND; ELIGIBLE AMOUNTS.—
  881         (b)1. Upon approval by the office, a qualified target
  882  industry business shall be allowed tax refund payments equal to
  883  $3,000 multiplied by the number of jobs specified in the tax
  884  refund agreement under subparagraph (5)(a)1., or equal to $6,000
  885  multiplied by the number of jobs if the project is located in a
  886  rural community, or an enterprise zone, or an energy economic
  887  zone.
  888         2. A qualified target industry business shall be allowed
  889  additional tax refund payments equal to $1,000 multiplied by the
  890  number of jobs specified in the tax refund agreement under
  891  subparagraph (5)(a)1. if such jobs pay an annual average wage of
  892  at least 150 percent of the average private sector wage in the
  893  area, or equal to $2,000 multiplied by the number of jobs if
  894  such jobs pay an annual average wage of at least 200 percent of
  895  the average private sector wage in the area.
  896         3. A qualified target industry business shall be allowed
  897  tax refund payments in addition to the other payments authorized
  898  in this paragraph equal to $1,000 multiplied by the number of
  899  jobs specified in the tax refund agreement under subparagraph
  900  (5)(a)1. if the local financial support is equal to that of the
  901  state’s incentive award under subparagraph 1.
  902         4. In addition to the other tax refund payments authorized
  903  in this paragraph, a qualified target industry business shall be
  904  allowed a tax refund payment equal to $2,000 multiplied by the
  905  number of jobs specified in the tax refund agreement under
  906  subparagraph (5)(a)1. if the business:
  907         a. Falls within one of the high-impact sectors designated
  908  under s. 288.108; or
  909         b. Increases exports of its goods through a seaport or
  910  airport in the state by at least 10 percent in value or tonnage
  911  in each of the years that the business receives a tax refund
  912  under this section. For purposes of this sub-subparagraph,
  913  seaports in the state are limited to the ports of Jacksonville,
  914  Tampa, Port Everglades, Miami, Port Canaveral, Ft. Pierce, Palm
  915  Beach, Port Manatee, Port St. Joe, Panama City, St. Petersburg,
  916  Pensacola, Fernandina, and Key West.
  917         (c) A qualified target industry business may not receive
  918  refund payments of more than 25 percent of the total tax refunds
  919  specified in the tax refund agreement under subparagraph
  920  (5)(a)1. in any fiscal year. Further, a qualified target
  921  industry business may not receive more than $1.5 million in
  922  refunds under this section in any single fiscal year, or more
  923  than $2.5 million in any single fiscal year if the project is
  924  located in an enterprise zone or an energy economic zone. A
  925  qualified target industry business may not receive more than $5
  926  million in refund payments under this section in all fiscal
  927  years, or more than $7.5 million if the project is located in an
  928  enterprise zone or an energy economic zone.
  929         (4) APPLICATION AND APPROVAL PROCESS.—
  930         (b) To qualify for review by the office, the application of
  931  a target industry business must, at a minimum, establish the
  932  following to the satisfaction of the office:
  933         1.a. The jobs proposed to be created under the application,
  934  pursuant to subparagraph (a)4., must pay an estimated annual
  935  average wage equaling at least 115 percent of the average
  936  private sector wage in the area where the business is to be
  937  located or the statewide private sector average wage. The
  938  governing board of the county where the qualified target
  939  industry business is to be located shall notify the office and
  940  Enterprise Florida, Inc., which calculation of the average
  941  private sector wage in the area must be used as the basis for
  942  the business’s wage commitment. In determining the average
  943  annual wage, the office shall include only new proposed jobs,
  944  and wages for existing jobs shall be excluded from this
  945  calculation. The minimum average wage requirement is waived for
  946  a target industry business locating or expanding in an energy
  947  economic zone.
  948         b. The office may waive the average wage requirement at the
  949  request of the local governing body recommending the project and
  950  Enterprise Florida, Inc. The office may waive the wage
  951  requirement for a project located in a brownfield area
  952  designated under s. 376.80, in a rural city, in a rural
  953  community, in an enterprise zone, or for a manufacturing project
  954  at any location in the state if the jobs proposed to be created
  955  pay an estimated annual average wage equaling at least 100
  956  percent of the average private sector wage in the area where the
  957  business is to be located, only if the merits of the individual
  958  project or the specific circumstances in the community in
  959  relationship to the project warrant such action. If the local
  960  governing body and Enterprise Florida, Inc., make such a
  961  recommendation, it must be transmitted in writing, and the
  962  specific justification for the waiver recommendation must be
  963  explained. If the office elects to waive the wage requirement,
  964  the waiver must be stated in writing, and the reasons for
  965  granting the waiver must be explained.
  966         2. The target industry business’s project must result in
  967  the creation of at least 10 jobs at the project and, in the case
  968  of an expansion of an existing business, must result in a net
  969  increase in employment of at least 10 percent at the business.
  970  At the request of the local governing body recommending the
  971  project and Enterprise Florida, Inc., the office may waive this
  972  requirement for a business in a rural community or enterprise
  973  zone if the merits of the individual project or the specific
  974  circumstances in the community in relationship to the project
  975  warrant such action. If the local governing body and Enterprise
  976  Florida, Inc., make such a request, the request must be
  977  transmitted in writing, and the specific justification for the
  978  request must be explained. If the office elects to grant the
  979  request, the grant must be stated in writing, and the reason for
  980  granting the request must be explained.
  981         3. The business activity or product for the applicant’s
  982  project must be within an industry identified by the office as a
  983  target industry business that contributes to the economic growth
  984  of the state and the area in which the business is located, that
  985  produces a higher standard of living for residents of this state
  986  in the new global economy, or that can be shown to make an
  987  equivalent contribution to the area’s and state’s economic
  988  progress.
  989         (6) ANNUAL CLAIM FOR REFUND.—
  990         (e) A prorated tax refund, less a 5 percent 5-percent
  991  penalty, shall be approved for a qualified target industry
  992  business if all other applicable requirements have been
  993  satisfied and the business proves to the satisfaction of the
  994  office that:
  995         1. It has achieved at least 80 percent of its projected
  996  employment; and
  997         2. The average wage paid by the business is at least 90
  998  percent of the average wage specified in the tax refund
  999  agreement, but in no case less than 115 percent of the average
 1000  private sector wage in the area available at the time of
 1001  certification, except within an energy economic zone, or 150
 1002  percent or 200 percent of the average private sector wage if the
 1003  business requested the additional per-job tax refund authorized
 1004  in paragraph (3)(b) for wages above those levels. The prorated
 1005  tax refund shall be calculated by multiplying the tax refund
 1006  amount for which the qualified target industry business would
 1007  have been eligible, if all applicable requirements had been
 1008  satisfied, by the percentage of the average employment specified
 1009  in the tax refund agreement which was achieved, and by the
 1010  percentage of the average wages specified in the tax refund
 1011  agreement which was achieved.
 1012         Section 10. Subsection (4) of section 377.809, Florida
 1013  Statutes, is amended, and subsections (5) through (8) are added
 1014  to that section, to read:
 1015         377.809 Energy Economic Zone Pilot Program.—
 1016         (4) If the pilot project is ongoing, The Department of
 1017  Community Affairs, with the assistance of the Office of Tourism,
 1018  Trade, and Economic Development, shall submit a report to the
 1019  Governor, the President of the Senate, and the Speaker of the
 1020  House of Representatives by February 15, 2015 2012, evaluating
 1021  whether the pilot program has demonstrated success. The report
 1022  shall contain recommendations with regard to whether the program
 1023  should be expanded for use by other local governments and
 1024  whether state policies should be revised to encourage the goals
 1025  of the program.
 1026         (5) Beginning July 1, 2011, and after the adoption of an
 1027  ordinance by the local governing body of an energy economic
 1028  zone, the incentives in this subsection are available to
 1029  eligible businesses.
 1030         (a) The following fiscal incentives are available to
 1031  eligible businesses:
 1032         1. The jobs credit provided in s. 220.181.
 1033         2. The property tax credit provided in s. 220.182.
 1034         3. The community contribution tax credits provided in ss.
 1035  212.08, 220.183, and 624.5105.
 1036         4. The sales tax exemption for building materials used in
 1037  the rehabilitation of real property provided in s. 212.08(5)(g).
 1038         5. The sales tax exemption for business equipment provided
 1039  in s. 212.08(5)(h).
 1040         6. The sales tax exemption for electrical energy provided
 1041  in s. 212.08(15).
 1042         7. The jobs credit against the sales tax provided in s.
 1043  212.096.
 1044         8. The tax refund for qualified target industries provided
 1045  in s. 288.106.
 1046         (b) The following regulatory incentives are available to
 1047  eligible businesses:
 1048         1. The governing body of an energy economic zone may use
 1049  the comprehensive plan amendment procedures provided in s.
 1050  163.32465(3)-(5) for comprehensive plan amendments within the
 1051  energy economic zone and the regulatory exceptions for dense
 1052  urban land areas as defined in s. 163.3164(34).
 1053         2. Density and intensity bonuses for energy-efficient
 1054  development within a designated energy economic zone may not be
 1055  calculated as part of the development capacity for purposes of
 1056  chapter 163 or rule 9J-5, Florida Administrative Code.
 1057  Comprehensive plan amendments relating to energy economic zones
 1058  are not subject to the twice-yearly limitation provisions of s.
 1059  163.3187(1).
 1060         3. Notwithstanding the provisions of part II of chapter 163
 1061  and the rules adopted thereunder, if the application of such
 1062  provisions conflicts with the goals of an energy economic zone
 1063  created pursuant to this section, the provisions of this section
 1064  prevail. Any agency or judicial review of development within the
 1065  energy economic zone is limited to the extent to which the
 1066  amendment furthers the goals contained in this section.
 1067         (c) Notwithstanding any law to the contrary, a public
 1068  utility may grant discounts of up to 50 percent on tariffed
 1069  rates for services to small businesses located in an energy
 1070  economic zone designated pursuant to this section. Such
 1071  discounts may be granted for not more than 5 years. For purposes
 1072  of this subsection, the term “public utility” has the same
 1073  meaning as in s. 366.02(1).
 1074         (d) Projects located in the energy economic zone shall be
 1075  given priority ranking to the extent practicable in the
 1076  application and awards process for grants administered by the
 1077  Florida Energy and Climate Commission or any other state energy
 1078  program, for appropriate economic development programs, or for
 1079  grants from other applicable sources such as qualified energy
 1080  conservation bonds.
 1081         (e) For purposes of eligibility criteria for the incentives
 1082  specified in this subsection, the terms “energy-efficiency
 1083  development” and “clean technology industries and businesses”
 1084  may include a diverse range of products, services, and processes
 1085  that harness renewable materials and energy sources and reduce
 1086  the use of natural resources, reduce greenhouse gas emissions,
 1087  and result in energy conservation.
 1088         (6) In order for fiscal and regulatory incentives in
 1089  subsection (5) to be provided, the local governing body must:
 1090         (a) Certify to the Department of Revenue, the Department of
 1091  Community Affairs, and the Office of Tourism, Trade, and
 1092  Economic Development the pilot community’s developments and
 1093  businesses eligible to receive the incentives applicable to the
 1094  energy economic zone. Boundaries of the energy economic zone may
 1095  be revised by the local governing body upon approval by the
 1096  Department of Community Affairs.
 1097         (b) Designate the energy economic zone by ordinance, which
 1098  may also include:
 1099         1. Identification of local and state incentives from among
 1100  those in subsection (5) which apply within the energy economic
 1101  zone.
 1102         2. A description of the clean technology industries and
 1103  businesses that will be eligible to receive the incentives.
 1104         3. A description of the Leadership in Energy and
 1105  Environmental Design (LEED) standards or the standards of
 1106  another professionally adopted green building code applicable to
 1107  eligibility for the exemptions provided in s. 212.08(5) for
 1108  certain building materials and business property within the
 1109  pilot community’s energy economic zone.
 1110         (7) Effective July 1, 2011, the total amount of credits,
 1111  refunds, and exemptions that may be granted for energy economic
 1112  zone incentives pursuant to subsection (5) is $300,000 per
 1113  designated energy economic zone in any fiscal year, for a total
 1114  maximum allowable amount of $600,000 each year. A credit or
 1115  refund that is claimed after each $300,000 limit is reached
 1116  shall be disallowed. If the credit or refund limit is not fully
 1117  used in any one state fiscal year, the unused amount may be
 1118  carried forward for no more than 5 years. Credit that is carried
 1119  over may be used in a subsequent year if the tax for that year
 1120  exceeds the credit for that year after applying the other
 1121  credits and unused credit that were carried over. The local
 1122  governing body having jurisdiction over the energy economic zone
 1123  is responsible for the tracking of and accounting for the levels
 1124  of credits and refunds granted and credit for unused amounts
 1125  each year which may be carried over from a previous year. All
 1126  credits, refunds, and exemptions shall be reviewed pursuant to
 1127  subsection (4).
 1128         (8)(a) Upon application to and approval by the Office of
 1129  Tourism, Trade, and Economic Development, an eligible industry
 1130  or business located within an energy economic zone may elect to
 1131  transfer, in whole or in part, any unused credit granted under
 1132  subsection (5), with the exception of the tax credit allowed
 1133  under s. 624.5105. An election to transfer any unused tax credit
 1134  or refund amount must be made no later than 5 years after the
 1135  date the credit is awarded, after which time the credit expires
 1136  and may not be used. The Office of Tourism, Trade, and Economic
 1137  Development shall notify the Department of Revenue of these
 1138  elections and transfers.
 1139         (b) An eligible industry or business located within an
 1140  energy economic zone which elects to apply a credit amount
 1141  against taxes or refunds remitted under chapter 212 is permitted
 1142  a one-time transfer of such unused credits to one transferee. An
 1143  eligible industry or business located in an energy economic zone
 1144  which elects to apply a credit amount against taxes due under
 1145  chapter 220 is permitted a one-time transfer of unused credits
 1146  to no more than four transferees, and such transfers must occur
 1147  in the same taxable year.
 1148         (c) The transferee is subject to the same rights and
 1149  limitations as the industry or business located in an energy
 1150  economic zone awarded the tax credit, except that the transferee
 1151  may not sell or otherwise transfer the tax credit.
 1152         Section 11. Paragraph (a) of subsection (3) of section
 1153  445.003, Florida Statutes, is amended to read:
 1154         445.003 Implementation of the federal Workforce Investment
 1155  Act of 1998.—
 1156         (3) FUNDING.—
 1157         (a) Title I, Workforce Investment Act of 1998 funds;
 1158  Wagner-Peyser funds; and NAFTA/Trade Act funds will be expended
 1159  based on the 5-year plan of Workforce Florida, Inc. The plan
 1160  shall outline and direct the method used to administer and
 1161  coordinate various funds and programs that are operated by
 1162  various agencies. The following provisions shall also apply to
 1163  these funds:
 1164         1. At least 50 percent of the Title I funds for Adults and
 1165  Dislocated Workers which that are passed through to regional
 1166  workforce boards shall be allocated to Individual Training
 1167  Accounts unless a regional workforce board obtains a waiver from
 1168  Workforce Florida, Inc. Tuition and fees qualify as an
 1169  Individual Training Account expenditure, as do other programs
 1170  developed by regional workforce boards in compliance with
 1171  policies of Workforce Florida, Inc.
 1172         2. Fifteen percent of Title I funding shall be retained at
 1173  the state level and shall be dedicated to state administration
 1174  and used to design, develop, induce, and fund innovative
 1175  Individual Training Account pilots, demonstrations, and
 1176  programs. Of such funds retained at the state level, $2 million
 1177  shall be reserved for the Incumbent Worker Training Program,
 1178  created under subparagraph 3. Eligible state administration
 1179  costs include the costs of: funding for the board and staff of
 1180  Workforce Florida, Inc.; operating fiscal, compliance, and
 1181  management accountability systems through Workforce Florida,
 1182  Inc.; conducting evaluation and research on workforce
 1183  development activities; and providing technical and capacity
 1184  building assistance to regions at the direction of Workforce
 1185  Florida, Inc. Notwithstanding s. 445.004, such administrative
 1186  costs shall not exceed 25 percent of these funds. An amount not
 1187  to exceed 75 percent of these funds shall be allocated to
 1188  Individual Training Accounts and other workforce development
 1189  strategies for other training designed and tailored by Workforce
 1190  Florida, Inc., including, but not limited to, programs for
 1191  incumbent workers, displaced homemakers, nontraditional
 1192  employment, and enterprise zones. Workforce Florida, Inc., shall
 1193  design, adopt, and fund Individual Training Accounts for
 1194  distressed urban and rural communities.
 1195         3. The Incumbent Worker Training Program is created for the
 1196  purpose of providing grant funding for continuing education and
 1197  training of incumbent employees at existing Florida businesses.
 1198  The program will provide reimbursement grants to businesses that
 1199  pay for preapproved, direct, training-related costs.
 1200         a. The Incumbent Worker Training Program will be
 1201  administered by Workforce Florida, Inc. Workforce Florida, Inc.,
 1202  at its discretion, may contract with a private business
 1203  organization to serve as grant administrator.
 1204         b. To be eligible for the program’s grant funding, a
 1205  business must have been in operation in Florida for a minimum of
 1206  1 year prior to the application for grant funding; have at least
 1207  one full-time employee; demonstrate financial viability; and be
 1208  current on all state tax obligations. Priority for funding shall
 1209  be given to businesses with 25 employees or fewer, businesses in
 1210  rural areas, businesses in distressed inner-city areas,
 1211  businesses in a qualified targeted industry, businesses whose
 1212  grant proposals represent a significant upgrade in employee
 1213  skills, businesses in an energy economic zone created pursuant
 1214  to s. 377.809, or businesses whose grant proposals represent a
 1215  significant layoff avoidance strategy.
 1216         c. All costs reimbursed by the program must be preapproved
 1217  by Workforce Florida, Inc., or the grant administrator. The
 1218  program will not reimburse businesses for trainee wages, the
 1219  purchase of capital equipment, or the purchase of any item or
 1220  service that may possibly be used outside the training project.
 1221  A business approved for a grant may be reimbursed for
 1222  preapproved, direct, training-related costs including tuition;
 1223  fees; books and training materials; and overhead or indirect
 1224  costs not to exceed 5 percent of the grant amount.
 1225         d. A business that is selected to receive grant funding
 1226  must provide a matching contribution to the training project,
 1227  including, but not limited to, wages paid to trainees or the
 1228  purchase of capital equipment used in the training project; must
 1229  sign an agreement with Workforce Florida, Inc., or the grant
 1230  administrator to complete the training project as proposed in
 1231  the application; must keep accurate records of the project’s
 1232  implementation process; and must submit monthly or quarterly
 1233  reimbursement requests with required documentation.
 1234         e. All Incumbent Worker Training Program grant projects
 1235  shall be performance-based with specific measurable performance
 1236  outcomes, including completion of the training project and job
 1237  retention. Workforce Florida, Inc., or the grant administrator
 1238  shall withhold the final payment to the grantee until a final
 1239  grant report is submitted and all performance criteria specified
 1240  in the grant contract have been achieved.
 1241         f. Workforce Florida, Inc., may establish guidelines
 1242  necessary to implement the Incumbent Worker Training Program.
 1243         g. No more than 10 percent of the Incumbent Worker Training
 1244  Program’s total appropriation may be used for overhead or
 1245  indirect purposes.
 1246         4. At least 50 percent of Rapid Response funding shall be
 1247  dedicated to Intensive Services Accounts and Individual Training
 1248  Accounts for dislocated workers and incumbent workers who are at
 1249  risk of dislocation. Workforce Florida, Inc., shall also
 1250  maintain an Emergency Preparedness Fund from Rapid Response
 1251  funds which will immediately issue Intensive Service Accounts
 1252  and Individual Training Accounts as well as other federally
 1253  authorized assistance to eligible victims of natural or other
 1254  disasters. At the direction of the Governor, for events that
 1255  qualify under federal law, these Rapid Response funds shall be
 1256  released to regional workforce boards for immediate use. Funding
 1257  shall also be dedicated to maintain a unit at the state level to
 1258  respond to Rapid Response emergencies around the state, to work
 1259  with state emergency management officials, and to work with
 1260  regional workforce boards. All Rapid Response funds must be
 1261  expended based on a plan developed by Workforce Florida, Inc.,
 1262  and approved by the Governor.
 1263         Section 12. Paragraph (h) of subsection (1) of section
 1264  220.191, Florida Statutes, is amended to read:
 1265         220.191 Capital investment tax credit.—
 1266         (1) DEFINITIONS.—For purposes of this section:
 1267         (h) “Qualifying project” means:
 1268         1. A new or expanding facility in this state which creates
 1269  at least 100 new jobs in this state and is in one of the high
 1270  impact sectors identified by Enterprise Florida, Inc., and
 1271  certified by the office pursuant to s. 288.108(6), including,
 1272  but not limited to, aviation, aerospace, automotive, and silicon
 1273  technology industries;
 1274         2. A new or expanded facility in this state which is
 1275  engaged in a target industry designated pursuant to the
 1276  procedure specified in s. 288.106(2)(u) 288.106(2)(t) and which
 1277  is induced by this credit to create or retain at least 1,000
 1278  jobs in this state, provided that at least 100 of those jobs are
 1279  new, pay an annual average wage of at least 130 percent of the
 1280  average private sector wage in the area as defined in s.
 1281  288.106(2), and make a cumulative capital investment of at least
 1282  $100 million after July 1, 2005. Jobs may be considered retained
 1283  only if there is significant evidence that the loss of jobs is
 1284  imminent. Notwithstanding subsection (2), annual credits against
 1285  the tax imposed by this chapter shall not exceed 50 percent of
 1286  the increased annual corporate income tax liability or the
 1287  premium tax liability generated by or arising out of a project
 1288  qualifying under this subparagraph. A facility that qualifies
 1289  under this subparagraph for an annual credit against the tax
 1290  imposed by this chapter may take the tax credit for a period not
 1291  to exceed 5 years; or
 1292         3. A new or expanded headquarters facility in this state
 1293  which locates in an enterprise zone and brownfield area and is
 1294  induced by this credit to create at least 1,500 jobs which on
 1295  average pay at least 200 percent of the statewide average annual
 1296  private sector wage, as published by the Agency for Workforce
 1297  Innovation or its successor, and which new or expanded
 1298  headquarters facility makes a cumulative capital investment in
 1299  this state of at least $250 million.
 1300         Section 13. This act shall take effect July 1, 2011.