Florida Senate - 2016 CS for SB 1646
By the Committee on Commerce and Tourism; and Senator Latvala
577-02554A-16 20161646c1
1 A bill to be entitled
2 An act relating to economic development; amending s.
3 20.60, F.S.; requiring the Department of Economic
4 Opportunity to contract with a direct-support
5 organization to promote the sports industry and the
6 participation of residents in certain athletic
7 competitions in this state and to promote the state as
8 a host for certain athletic competitions; amending s.
9 196.012, F.S.; conforming provisions to changes made
10 by the act; amending s. 212.20, F.S.; deleting an
11 obsolete provision; amending s. 220.191, F.S.;
12 revising the definition of the term “cumulative
13 capital investment”; deleting an obsolete provision;
14 conforming a cross-reference; amending s. 220.196,
15 F.S.; conforming a cross-reference; amending s.
16 288.0001, F.S.; conforming cross-references; requiring
17 the Office of Economic and Demographic Research and
18 the Office of Program Policy Analysis and Government
19 Accountability to provide a detailed analysis of the
20 retention of Major League Baseball spring training
21 baseball franchises; amending s. 288.005, F.S.;
22 defining the term “average private sector wage in the
23 area”; revising the definition of the term “economic
24 benefits”; amending s. 288.061, F.S.; requiring the
25 Office of Economic and Demographic Research to include
26 certain guidelines for the calculation of economic
27 benefits; providing requirements for an amended
28 definition by the office; prohibiting the department
29 from attributing to a business certain investments for
30 specified purposes; requiring the department to
31 consider certain investments for specified purposes;
32 providing requirements for the contract or agreement;
33 prohibiting the department from entering into an
34 agreement or a contract that has a term of longer than
35 10 years; authorizing the department to enter into a
36 successive agreement or contract for a specified
37 project under certain circumstances; providing
38 applicability; requiring the department to provide
39 specified notice to the Legislature upon the final
40 execution of each contract or agreement; amending s.
41 288.076, F.S.; revising definitions; conforming cross
42 references; providing requirements for information
43 that the department is required to publish on a
44 certain website; amending s. 288.095, F.S.; conforming
45 provisions to changes made by the act; amending s.
46 288.1045, F.S.; deleting the definition of the term
47 “average wage in the area”; authorizing a business to
48 receive an approved refund if the business fails to
49 submit certain documentation under certain
50 circumstances; extending an expiration date;
51 conforming provisions to changes made by the act;
52 amending s. 288.106, F.S.; deleting the definition of
53 the term “average private sector wage in the area”;
54 making technical changes; providing that certain
55 incentive payments are not repayment of actual taxes
56 paid; providing that actual taxes paid limit the
57 amount of incentive payments a business may receive;
58 amending s. 288.108, F.S.; revising definitions;
59 amending s. 288.1088, F.S.; renaming the Quick Action
60 Closing Fund as the Florida Enterprise Fund; revising
61 the requirements for projects eligible for receipt of
62 funds from the fund; requiring local financial
63 support; defining a term; requiring a certain waiver
64 request to be transmitted in writing to the department
65 with an explanation of the specific justification for
66 the request; requiring a decision to be stated in
67 writing with an explanation of the reason for
68 approving the request if the department approves the
69 request; requiring the department to issue a letter to
70 an applicant in certain circumstances; prohibiting the
71 payment of moneys from the fund to a business until
72 the scheduled goals have been achieved; conforming
73 provisions to changes made by the act; amending s.
74 288.1089, F.S.; deleting the definition of the term
75 “average private sector wage”; conforming provisions
76 to changes made by the act; amending s. 288.11621,
77 F.S.; conforming a provision to changes made by the
78 act; amending s. 288.11625, F.S.; conforming cross
79 references; deleting an obsolete provision relating to
80 applications for state funds by new facilities or
81 projects commenced before July 1, 2014; amending s.
82 288.11631, F.S.; conforming cross-references;
83 repealing s. 288.1169, F.S., relating to state agency
84 funding of the International Game Fish Association
85 World Center facility; reviving, reenacting, and
86 amending s. 288.1229, F.S., relating to the promotion
87 and development of sports-related industries and
88 amateur athletics; requiring the department to create
89 a direct-support organization to assist the department
90 in certain promotion and development; naming the
91 direct support organization the Florida Sports
92 Foundation; specifying the purpose of the foundation;
93 specifying requirements for the foundation, including
94 appointment of a governing board; requiring that the
95 foundation operate under written contract with the
96 department; specifying provisions that must be
97 included in the contract; providing that the
98 department may allow the foundation to use certain
99 facilities, personnel, and services if it complies
100 with certain provisions; requiring an annual financial
101 audit of the foundation; specifying duties of the
102 foundation; deleting residency requirements for
103 participants of the Sunshine State Games and Florida
104 Senior Games; deleting certain competition
105 requirements; conforming provisions to changes made by
106 the act; amending s. 288.125, F.S.; revising the
107 applicability of the term “entertainment industry”;
108 renumbering and amending s. 288.1251, F.S.; renaming
109 the Office of Film and Entertainment within the
110 department as the Division of Film and Entertainment
111 within Enterprise Florida, Inc.; requiring the
112 division to serve as a liaison between the
113 entertainment industry and other agencies,
114 commissions, and organizations; requiring the
115 president of Enterprise Florida, Inc., to appoint the
116 film and entertainment commissioner within a specified
117 period of time; revising the requirements of the
118 division’s strategic plan; renumbering and amending s.
119 288.1252, F.S.; revising the powers and duties of the
120 Florida Film and Entertainment Advisory Council;
121 revising council membership; conforming provisions to
122 changes made by the act; renumbering and amending s.
123 288.1253, F.S.; prohibiting the division and its
124 employees and representatives from accepting specified
125 accommodations, goods, or services from specified
126 parties; providing that a person who accepts any such
127 goods or services is subject to specified penalties;
128 conforming provisions to changes made by the act;
129 amending s. 288.1254, F.S.; revising the date of
130 repeal; prohibiting, rather than authorizing, an award
131 of credits after April 1, 2016; requiring the
132 Department of Revenue to deny certain credits received
133 on or after April 1, 2016; creating s. 288.1256, F.S.;
134 creating the Entertainment Action Fund within the
135 Department of Economic Opportunity; defining terms;
136 authorizing a production company to apply for funds
137 from the Entertainment Action Fund in certain
138 circumstances; requiring the division to review and
139 evaluate applications to determine the eligibility of
140 each project; requiring the division to select
141 projects that maximize the return to the state;
142 requiring certain criteria to be considered by the
143 division; requiring a production company to have
144 financing for a project before it applies for action
145 funds; requiring the department to prescribe a form
146 for an application with specified information;
147 requiring that the division and the department make a
148 recommendation to the Governor to approve or deny an
149 award within a specified timeframe after the
150 completion of the review and evaluation; providing
151 that an award of funds may not constitute more than a
152 specified percentage of qualified expenditures in this
153 state; prohibiting the use of such funds to pay wages
154 to nonresidents; requiring a production to start
155 within a specified period after it is approved by the
156 Governor; requiring that the recommendation include
157 performance conditions that the project must meet to
158 obtain funds; authorizing the Governor to approve a
159 project without consulting the Legislature under
160 certain circumstances; requiring the Governor to
161 provide a written description and evaluation of a
162 project before giving final approval of the project
163 under certain circumstances; requiring the department
164 and the production company to enter into a specified
165 agreement after approval by the Governor; requiring
166 that the agreement be finalized and signed by an
167 authorized officer of the production company within a
168 specified period after approval by the Governor;
169 prohibiting an approved production company from
170 simultaneously receiving specified benefits for the
171 same production; requiring that the department
172 validate contractor performance and report such
173 validation in the annual report; prohibiting the
174 department from approving awards in excess of the
175 amount appropriated for a fiscal year; requiring the
176 department to maintain a schedule of funds;
177 prohibiting the department or division from accepting
178 applications or conditionally committing funds under
179 certain circumstances; providing that a production
180 company that submits fraudulent information is liable
181 for reimbursement of specified costs; providing a
182 penalty; prohibiting the department or division from
183 waiving any provision or providing an extension of
184 time to meet specified requirements; providing an
185 expiration date; amending s. 288.1258, F.S.;
186 conforming provisions to changes made by the act;
187 prohibiting an approved production company from
188 simultaneously receiving benefits under specified
189 provisions for the same production; requiring the
190 department to develop a standardized application form
191 in cooperation with the division and other agencies;
192 requiring the production company to submit aggregate
193 data on specified topics; authorizing a production
194 company to renew its certificate of exemption for a
195 specified period; amending ss. 288.901 and 288.9015,
196 F.S.; conforming provisions to changes made by the
197 act; amending s. 288.907 , F.S.; requiring reporting
198 on the number of jobs that provide health benefits to
199 employees; amending s. 288.92, F.S.; revising the
200 required divisions within Enterprise Florida, Inc.;
201 amending s. 288.980, F.S.; authorizing grant awards
202 for activities that grow the economy of a defense
203 dependent community; making technical changes;
204 amending s. 320.08058, F.S.; conforming provisions to
205 changes made by the act; amending uses of the proceeds
206 of the Florida Professional Sports Team license plate;
207 amending s. 477.0135, F.S.; conforming provisions to
208 changes made by the act; providing effective dates.
209
210 Be It Enacted by the Legislature of the State of Florida:
211
212 Section 1. Effective July 1, 2016, paragraph (g) is added
213 to subsection (4) of section 20.60, Florida Statutes, to read:
214 20.60 Department of Economic Opportunity; creation; powers
215 and duties.—
216 (4) The purpose of the department is to assist the Governor
217 in working with the Legislature, state agencies, business
218 leaders, and economic development professionals to formulate and
219 implement coherent and consistent policies and strategies
220 designed to promote economic opportunities for all Floridians.
221 To accomplish such purposes, the department shall:
222 (g) Notwithstanding part I of chapter 287, contract with
223 the direct-support organization created under s. 288.1229 to
224 guide, stimulate, and promote the sports industry in this state,
225 to promote the participation of residents of this state in
226 amateur athletic competition, and to promote this state as a
227 host for national and international amateur athletic
228 competitions.
229 Section 2. Paragraph (a) of subsection (14) of section
230 196.012, Florida Statutes, is amended to read:
231 196.012 Definitions.—For the purpose of this chapter, the
232 following terms are defined as follows, except where the context
233 clearly indicates otherwise:
234 (14) “New business” means:
235 (a)1. A business or organization establishing 10 or more
236 new jobs to employ 10 or more full-time employees in this state
237 which pays, paying an average wage for such new jobs which that
238 is above the average wage in the area and, which principally
239 engages in any one or more of the following operations:
240 a. Manufactures, processes, compounds, fabricates, or
241 produces for sale items of tangible personal property at a fixed
242 location and which comprises an industrial or manufacturing
243 plant; or
244 b. Is a target industry business as defined in s.
245 288.106(2) s. 288.106(2)(q);
246 2. A business or organization establishing 25 or more new
247 jobs to employ 25 or more full-time employees in this state, the
248 sales factor of which, as defined by s. 220.15(5), for the
249 facility with respect to which it requests an economic
250 development ad valorem tax exemption is less than 0.50 for each
251 year the exemption is claimed; or
252 3. An office space in this state owned and used by a
253 business or organization newly domiciled in this state if;
254 provided such office space houses 50 or more full-time employees
255 of such business or organization and; provided that such
256 business or organization office first begins operation on a site
257 clearly separate from any other commercial or industrial
258 operation owned by the same business or organization.
259 Section 3. Paragraph (d) of subsection (6) of section
260 212.20, Florida Statutes, is amended to read:
261 212.20 Funds collected, disposition; additional powers of
262 department; operational expense; refund of taxes adjudicated
263 unconstitutionally collected.—
264 (6) Distribution of all proceeds under this chapter and ss.
265 202.18(1)(b) and (2)(b) and 203.01(1)(a)3. is as follows:
266 (d) The proceeds of all other taxes and fees imposed
267 pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
268 and (2)(b) shall be distributed as follows:
269 1. In any fiscal year, the greater of $500 million, minus
270 an amount equal to 4.6 percent of the proceeds of the taxes
271 collected pursuant to chapter 201, or 5.2 percent of all other
272 taxes and fees imposed pursuant to this chapter or remitted
273 pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
274 monthly installments into the General Revenue Fund.
275 2. After the distribution under subparagraph 1., 8.9744
276 percent of the amount remitted by a sales tax dealer located
277 within a participating county pursuant to s. 218.61 shall be
278 transferred into the Local Government Half-cent Sales Tax
279 Clearing Trust Fund. Beginning July 1, 2003, the amount to be
280 transferred shall be reduced by 0.1 percent, and the department
281 shall distribute this amount to the Public Employees Relations
282 Commission Trust Fund less $5,000 each month, which shall be
283 added to the amount calculated in subparagraph 3. and
284 distributed accordingly.
285 3. After the distribution under subparagraphs 1. and 2.,
286 0.0966 percent shall be transferred to the Local Government
287 Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
288 to s. 218.65.
289 4. After the distributions under subparagraphs 1., 2., and
290 3., 2.0810 percent of the available proceeds shall be
291 transferred monthly to the Revenue Sharing Trust Fund for
292 Counties pursuant to s. 218.215.
293 5. After the distributions under subparagraphs 1., 2., and
294 3., 1.3653 percent of the available proceeds shall be
295 transferred monthly to the Revenue Sharing Trust Fund for
296 Municipalities pursuant to s. 218.215. If the total revenue to
297 be distributed pursuant to this subparagraph is at least as
298 great as the amount due from the Revenue Sharing Trust Fund for
299 Municipalities and the former Municipal Financial Assistance
300 Trust Fund in state fiscal year 1999-2000, no municipality shall
301 receive less than the amount due from the Revenue Sharing Trust
302 Fund for Municipalities and the former Municipal Financial
303 Assistance Trust Fund in state fiscal year 1999-2000. If the
304 total proceeds to be distributed are less than the amount
305 received in combination from the Revenue Sharing Trust Fund for
306 Municipalities and the former Municipal Financial Assistance
307 Trust Fund in state fiscal year 1999-2000, each municipality
308 shall receive an amount proportionate to the amount it was due
309 in state fiscal year 1999-2000.
310 6. Of the remaining proceeds:
311 a. In each fiscal year, the sum of $29,915,500 shall be
312 divided into as many equal parts as there are counties in the
313 state, and one part shall be distributed to each county. The
314 distribution among the several counties must begin each fiscal
315 year on or before January 5th and continue monthly for a total
316 of 4 months. If a local or special law required that any moneys
317 accruing to a county in fiscal year 1999-2000 under the then
318 existing provisions of s. 550.135 be paid directly to the
319 district school board, special district, or a municipal
320 government, such payment must continue until the local or
321 special law is amended or repealed. The state covenants with
322 holders of bonds or other instruments of indebtedness issued by
323 local governments, special districts, or district school boards
324 before July 1, 2000, that it is not the intent of this
325 subparagraph to adversely affect the rights of those holders or
326 relieve local governments, special districts, or district school
327 boards of the duty to meet their obligations as a result of
328 previous pledges or assignments or trusts entered into which
329 obligated funds received from the distribution to county
330 governments under then-existing s. 550.135. This distribution
331 specifically is in lieu of funds distributed under s. 550.135
332 before July 1, 2000.
333 b. The department shall distribute $166,667 monthly to each
334 applicant certified as a facility for a new or retained
335 professional sports franchise pursuant to s. 288.1162. Up to
336 $41,667 shall be distributed monthly by the department to each
337 certified applicant as defined in s. 288.11621 for a facility
338 for a spring training franchise. However, not more than $416,670
339 may be distributed monthly in the aggregate to all certified
340 applicants for facilities for spring training franchises.
341 Distributions begin 60 days after such certification and
342 continue for not more than 30 years, except as otherwise
343 provided in s. 288.11621. A certified applicant identified in
344 this sub-subparagraph may not receive more in distributions than
345 expended by the applicant for the public purposes provided in s.
346 288.1162(5) or s. 288.11621(3).
347 c. Beginning 30 days after notice by the Department of
348 Economic Opportunity to the Department of Revenue that an
349 applicant has been certified as the professional golf hall of
350 fame pursuant to s. 288.1168 and is open to the public, $166,667
351 shall be distributed monthly, for up to 300 months, to the
352 applicant.
353 d. Beginning 30 days after notice by the Department of
354 Economic Opportunity to the Department of Revenue that the
355 applicant has been certified as the International Game Fish
356 Association World Center facility pursuant to s. 288.1169, and
357 the facility is open to the public, $83,333 shall be distributed
358 monthly, for up to 168 months, to the applicant. This
359 distribution is subject to reduction pursuant to s. 288.1169. A
360 lump sum payment of $999,996 shall be made after certification
361 and before July 1, 2000.
362 d.e. The department shall distribute up to $83,333 monthly
363 to each certified applicant as defined in s. 288.11631 for a
364 facility used by a single spring training franchise, or up to
365 $166,667 monthly to each certified applicant as defined in s.
366 288.11631 for a facility used by more than one spring training
367 franchise. Monthly distributions begin 60 days after such
368 certification or July 1, 2016, whichever is later, and continue
369 for not more than 20 years to each certified applicant as
370 defined in s. 288.11631 for a facility used by a single spring
371 training franchise or not more than 25 years to each certified
372 applicant as defined in s. 288.11631 for a facility used by more
373 than one spring training franchise. A certified applicant
374 identified in this sub-subparagraph may not receive more in
375 distributions than expended by the applicant for the public
376 purposes provided in s. 288.11631(3).
377 e.f. Beginning 45 days after notice by the Department of
378 Economic Opportunity to the Department of Revenue that an
379 applicant has been approved by the Legislature and certified by
380 the Department of Economic Opportunity under s. 288.11625 or
381 upon a date specified by the Department of Economic Opportunity
382 as provided under s. 288.11625(6)(d), the department shall
383 distribute each month an amount equal to one-twelfth of the
384 annual distribution amount certified by the Department of
385 Economic Opportunity for the applicant. The department may not
386 distribute more than $7 million in the 2014-2015 fiscal year or
387 more than $13 million annually thereafter under this sub
388 subparagraph.
389 f.g. Beginning December 1, 2015, and ending June 30, 2016,
390 the department shall distribute $26,286 monthly to the State
391 Transportation Trust Fund. Beginning July 1, 2016, the
392 department shall distribute $15,333 monthly to the State
393 Transportation Trust Fund.
394 7. All other proceeds must remain in the General Revenue
395 Fund.
396 Section 4. Paragraphs (b) and (g) of subsection (1) of
397 section 220.191, Florida Statutes, are amended to read:
398 220.191 Capital investment tax credit.—
399 (1) DEFINITIONS.—For purposes of this section:
400 (b) “Cumulative capital investment” means the total capital
401 investment in land, buildings, and equipment made by, or on
402 behalf of, the qualifying business in connection with a
403 qualifying project during the period from the beginning of
404 construction of the project to the commencement of operations.
405 The term does not include funds granted to or spent on behalf of
406 the qualifying business by the state, a local government, or
407 other governmental entity; funds appropriated in the General
408 Appropriations Act; or funds otherwise provided to the
409 qualifying business by a state agency, local government, or
410 other governmental entity.
411 (g) “Qualifying project” means a facility in this state
412 meeting one or more of the following criteria:
413 1. A new or expanding facility in this state which creates
414 at least 100 new jobs in this state and is in one of the high
415 impact sectors identified by Enterprise Florida, Inc., and
416 certified by the Department of Economic Opportunity pursuant to
417 s. 288.108(6), including, but not limited to, aviation,
418 aerospace, automotive, and silicon technology industries.
419 However, between July 1, 2011, and June 30, 2014, the
420 requirement that a facility be in a high-impact sector is waived
421 for any otherwise eligible business from another state which
422 locates all or a portion of its business to a Disproportionally
423 Affected County. For purposes of this section, the term
424 “Disproportionally Affected County” means Bay County, Escambia
425 County, Franklin County, Gulf County, Okaloosa County, Santa
426 Rosa County, Walton County, or Wakulla County.
427 2. A new or expanded facility in this state which is
428 engaged in a target industry designated pursuant to the
429 procedure specified in s. 288.106(2) and which is induced by
430 this credit to create or retain at least 1,000 jobs in this
431 state, provided that at least 100 of those jobs are new, pay an
432 annual average wage of at least 130 percent of the average
433 private sector wage in the area as defined in s. 288.005(1) s.
434 288.106(2), and make a cumulative capital investment of at least
435 $100 million. Jobs may be considered retained only if there is
436 significant evidence that the loss of jobs is imminent.
437 Notwithstanding subsection (2), annual credits against the tax
438 imposed by this chapter may not exceed 50 percent of the
439 increased annual corporate income tax liability or the premium
440 tax liability generated by or arising out of a project
441 qualifying under this subparagraph. A facility that qualifies
442 under this subparagraph for an annual credit against the tax
443 imposed by this chapter may take the tax credit for a period not
444 to exceed 5 years.
445 3. A new or expanded headquarters facility in this state
446 which locates in an enterprise zone and brownfield area and is
447 induced by this credit to create at least 1,500 jobs which on
448 average pay at least 200 percent of the statewide average annual
449 private sector wage, as published by the Department of Economic
450 Opportunity, and which new or expanded headquarters facility
451 makes a cumulative capital investment in this state of at least
452 $250 million.
453 Section 5. Paragraph (a) of subsection (2) of section
454 220.196, Florida Statutes, is amended to read:
455 220.196 Research and development tax credit.—
456 (2) TAX CREDIT.—
457 (a) As provided in this section, a business enterprise is
458 eligible for a credit against the tax imposed by this chapter if
459 it:
460 1. Has qualified research expenses in this state in the
461 taxable year exceeding the base amount;
462 2. Claims and is allowed a research credit for such
463 qualified research expenses under 26 U.S.C. s. 41 for the same
464 taxable year as subparagraph 1.; and
465 3. Is a qualified target industry business as defined in s.
466 288.106(2) s. 288.106(2)(n). Only qualified target industry
467 businesses in the manufacturing, life sciences, information
468 technology, aviation and aerospace, homeland security and
469 defense, cloud information technology, marine sciences,
470 materials science, and nanotechnology industries may qualify for
471 a tax credit under this section. A business applying for a
472 credit pursuant to this section shall include a letter from the
473 Department of Economic Opportunity certifying whether the
474 business meets the requirements of this subparagraph with its
475 application for credit. The Department of Economic Opportunity
476 shall provide such a letter upon receiving a request.
477 Section 6. Paragraphs (a), (b), and (e) of subsection (2)
478 of section 288.0001, Florida Statutes, are amended to read:
479 288.0001 Economic Development Programs Evaluation.—The
480 Office of Economic and Demographic Research and the Office of
481 Program Policy Analysis and Government Accountability (OPPAGA)
482 shall develop and present to the Governor, the President of the
483 Senate, the Speaker of the House of Representatives, and the
484 chairs of the legislative appropriations committees the Economic
485 Development Programs Evaluation.
486 (2) The Office of Economic and Demographic Research and
487 OPPAGA shall provide a detailed analysis of economic development
488 programs as provided in the following schedule:
489 (a) By January 1, 2014, and every 3 years thereafter, an
490 analysis of the following:
491 1. The capital investment tax credit established under s.
492 220.191.
493 2. The qualified target industry tax refund established
494 under s. 288.106.
495 3. The brownfield redevelopment bonus refund established
496 under s. 288.107.
497 4. High-impact business performance grants established
498 under s. 288.108.
499 5. The Florida Enterprise Quick Action Closing Fund
500 established under s. 288.1088.
501 6. The Innovation Incentive Program established under s.
502 288.1089.
503 7. Enterprise Zone Program incentives established under ss.
504 212.08(5) and (15), 212.096, 220.181, and 220.182.
505 8. The New Markets Development Program established under
506 ss. 288.991-288.9922.
507 (b) By January 1, 2015, and every 3 years thereafter, an
508 analysis of the following:
509 1. The entertainment industry financial incentive program
510 established under s. 288.1254.
511 2. The entertainment industry sales tax exemption program
512 established under s. 288.1258.
513 3. The Florida Tourism Industry Marketing Corporation VISIT
514 Florida and its programs established or funded under ss.
515 288.122, 288.1226, 288.12265, and 288.124.
516 4. The Florida Sports Foundation and related programs
517 established under ss. 288.1162, 288.11621, 288.1166, 288.1167,
518 288.1168, 288.1169, and 288.1171.
519 (e) Beginning January 1, 2018, and every 3 years
520 thereafter, an analysis of the Sports Development Program
521 established under s. 288.11625 and the retention of Major League
522 Baseball spring training baseball franchises under s. 288.11631.
523 Section 7. Present subsection (1) of section 288.005,
524 Florida Statutes, is amended, and present subsections (3)
525 through (6) of that section are redesignated as subsections (4)
526 through (7), respectively, and a new subsection (1) is added to
527 that section, to read:
528 288.005 Definitions.—As used in this chapter, the term:
529 (1) “Average private sector wage in the area” means the
530 statewide average wage in the private sector or the average of
531 all private sector wages in the county or in the standard
532 metropolitan area in which the project is located, as determined
533 by the department.
534 (3)(1) “Economic benefits” means the direct, indirect, and
535 induced gains in state revenues as a percentage of the state’s
536 investment. The state’s investment includes all state funds
537 spent or foregone to benefit a business, including state funds
538 appropriated to public and private entities, state grants, tax
539 exemptions, tax refunds, tax credits, and other state
540 incentives.
541 Section 8. Subsections (2) and (3) of section 288.061,
542 Florida Statutes, are amended to read:
543 288.061 Economic development incentive application
544 process.—
545 (2)(a) Beginning July 1, 2013, The department shall review
546 and evaluate each economic development incentive application for
547 the economic benefits of the proposed award of state incentives
548 proposed for the project.
549 (b) As used in this subsection, the term “economic
550 benefits” has the same meaning as in s. 288.005. The Office of
551 Economic and Demographic Research shall establish the
552 methodology and model used to calculate the economic benefits,
553 including guidelines for the appropriate application of the
554 department’s internal model. For purposes of this requirement,
555 an amended definition of the term “economic benefits” may be
556 developed by the Office of Economic and Demographic Research.
557 However, the amended definition must reflect the requirement of
558 s. 288.005 that the calculation of the state’s investment
559 include all state funds spent or foregone to benefit the
560 business, including state funds appropriated to public and
561 private entities, to the extent that those funds should
562 reasonably be known to the department at the time of approval.
563 (c) For the purpose of calculating the economic benefits of
564 the proposed award of state incentives for the project, the
565 department may not attribute to the business any capital
566 investment made by the business using state funds. However, for
567 the purpose of evaluating an economic development incentive
568 application, the department shall consider the cumulative
569 capital investment, as defined in s. 220.191.
570 (3) Within 10 business days after the department receives a
571 complete the submitted economic development incentive
572 application, the executive director shall approve or disapprove
573 the application and issue a letter of certification to the
574 applicant which includes a justification of that decision,
575 unless the business requests an extension of that time.
576 (a) The contract or agreement or contract with the
577 applicant must specify the total amount of the award, the
578 performance conditions that must be met to obtain the award, the
579 schedule for payment, and sanctions that would apply for failure
580 to meet performance conditions. Any agreement or contract that
581 requires the business to make a capital investment must also
582 require that such investment remain in this state for the
583 duration of the agreement or contract, with the exception of an
584 investment made in transportation-related assets specifically
585 used for the purpose of transporting goods or employees. The
586 department may enter into one agreement or contract covering all
587 of the state incentives that are being provided to the
588 applicant. The agreement or contract must provide that release
589 of funds is contingent upon sufficient appropriation of funds by
590 the Legislature.
591 (b) The department may not enter into an agreement or a
592 contract that has a term of more than 10 years. However, the
593 department may enter into a successive agreement or contract for
594 a specific project to extend the initial 10-year term if each
595 successive agreement or contract is contingent upon the
596 successful completion of the previous agreement or contract.
597 This paragraph does not apply to an agreement or a contract for
598 a project receiving a capital investment tax credit under s.
599 220.191 or an Innovation Incentive Program award under s.
600 288.1089.
601 (c) The department shall provide a notice, including an
602 updated description and evaluation, to the Legislature upon the
603 final execution of each contract or agreement. Any contract or
604 agreement executed by the department for a project under s.
605 288.108, s. 288.1088, or s. 288.1089 must embody performance
606 criteria and timelines that were in the written description and
607 evaluation submitted to the Legislature.
608 (d)(b) The release of funds for the incentive or incentives
609 awarded to the applicant depends upon the statutory requirements
610 of the particular incentive program.
611 Section 9. Paragraphs (a), (c), and (e) of subsection (1),
612 paragraph (e) of subsection (3), and subsection (6) of section
613 288.076, Florida Statutes, are amended to read:
614 288.076 Return on investment reporting for economic
615 development programs.—
616 (1) As used in this section, the term:
617 (a) “Jobs” has the same meaning as provided in s.
618 288.106(2) s. 288.106(2)(i).
619 (c) “Project” has the same meaning as provided in s.
620 288.106(2) s. 288.106(2)(m).
621 (e) “State investment” means all state funds spent or
622 foregone to benefit a business, including state funds
623 appropriated to public and private entities, any state grants,
624 tax exemptions, tax refunds, tax credits, and any other source
625 of state funds which should reasonably be known to the
626 department at the time of approval or other state incentives
627 provided to a business under a program administered by the
628 department, including the capital investment tax credit under s.
629 220.191.
630 (3) Within 48 hours after expiration of the period of
631 confidentiality for project information deemed confidential and
632 exempt pursuant to s. 288.075, the department shall publish the
633 following information pertaining to each project:
634 (e) Project performance goals.—
635 1. The incremental direct jobs attributable to the project,
636 identifying the number of jobs generated and the number of jobs
637 retained.
638 2. The number of jobs generated and the number of jobs
639 retained by the project, and for projects commencing after
640 October 1, 2013, the average annual wage of persons holding such
641 jobs and the number of jobs generated and the number of jobs
642 retained which provide health benefits for the employee.
643 3. The incremental direct capital investment in the state
644 generated by the project.
645 (6) Annually, the department shall publish information
646 relating to the progress of Florida Enterprise Quick Action
647 Closing Fund projects, including the average number of days
648 between the date the department receives a completed application
649 and the date on which the application is approved.
650 Section 10. Subsection (2) and paragraph (c) of subsection
651 (3) of section 288.095, Florida Statutes, are amended to read:
652 288.095 Economic Development Trust Fund.—
653 (2) There is created, within the Economic Development Trust
654 Fund, the Economic Development Incentives Account. The Economic
655 Development Incentives Account consists of moneys appropriated
656 to the account for purposes of the tax incentives programs
657 authorized under ss. 288.1045 and 288.106, and local financial
658 support provided under ss. 288.1045, and 288.106, and 288.1088.
659 Moneys in the Economic Development Incentives Account shall be
660 subject to the provisions of s. 216.301(1)(a).
661 (3)
662 (c) Moneys in the Economic Development Incentives Account
663 may be used only to pay tax refunds and make other payments
664 authorized under s. 288.1045, s. 288.106, or s. 288.107 and
665 payments authorized under s. 288.1088.
666 Section 11. Paragraph (b) of subsection (1) and paragraph
667 (e) of subsection (3) of section 288.1045, Florida Statutes, are
668 amended, paragraph (i) is added to subsection (5) of that
669 section, and subsection (7) of that section is amended, to read:
670 288.1045 Qualified defense contractor and space flight
671 business tax refund program.—
672 (1) DEFINITIONS.—As used in this section:
673 (b) “Average wage in the area” means the average of all
674 wages and salaries in the state, the county, or in the standard
675 metropolitan area in which the business unit is located.
676 (3) APPLICATION PROCESS; REQUIREMENTS; AGENCY
677 DETERMINATION.—
678 (e) To qualify for review by the department, the
679 application of an applicant must, at a minimum, establish the
680 following to the satisfaction of the department:
681 1. The jobs proposed to be provided under the application,
682 pursuant to subparagraph (b)6., subparagraph (c)6., or
683 subparagraph (j)6., must pay an estimated annual average wage
684 equaling at least 115 percent of the average private sector wage
685 in the area where the project is to be located.
686 2. The consolidation of a Department of Defense contract
687 must result in a net increase of at least 25 percent in the
688 number of jobs at the applicant’s facilities in this state or
689 the addition of at least 80 jobs at the applicant’s facilities
690 in this state.
691 3. The conversion of defense production jobs to nondefense
692 production jobs must result in net increases in nondefense
693 employment at the applicant’s facilities in this state.
694 4. The Department of Defense contract or the space flight
695 business contract does not cannot allow the business to include
696 the costs of relocation or retooling in its base as allowable
697 costs under a cost-plus, or similar, contract.
698 5. A business unit of the applicant must have derived not
699 less than 60 percent of its gross receipts in this state from
700 Department of Defense contracts or space flight business
701 contracts over the applicant’s last fiscal year, and must have
702 derived not less than an average of 60 percent of its gross
703 receipts in this state from Department of Defense contracts or
704 space flight business contracts over the 5 years preceding the
705 date an application is submitted pursuant to this section. This
706 subparagraph does not apply to any application for certification
707 based on a contract for reuse of a defense-related facility.
708 6. The reuse of a defense-related facility will must result
709 in the creation of at least 100 jobs at such facility.
710 7. A new space flight business contract or the
711 consolidation of a space flight business contract will must
712 result in net increases in space flight business employment at
713 the applicant’s facilities in this state.
714 (5) ANNUAL CLAIM FOR REFUND.—
715 (i) If a business fails to timely submit documentation
716 requested by the department as required in the agreement between
717 the business and the department and such failure results in the
718 department withholding an otherwise approved refund, the
719 business may receive the approved refund if:
720 1. The business submits the documentation to the
721 department.
722 2. The business provides a written statement to the
723 department detailing the extenuating circumstances that resulted
724 in the failure to timely submit the documentation required by
725 the agreement.
726 3. Funds appropriated under this section remain available.
727 4. The business was scheduled under the terms of the
728 agreement to submit information to the department between
729 January 1, 2014, and December 31, 2014.
730 5. The business has met all other requirements of the
731 agreement.
732 (7) EXPIRATION.—An applicant may not be certified as
733 qualified under this section after June 30, 2018 2014. A tax
734 refund agreement existing on that date shall continue in effect
735 in accordance with its terms.
736 Section 12. Paragraph (c) of subsection (2) and paragraph
737 (b) of subsection (4) of section 288.106, Florida Statutes, are
738 amended, present subsection is redesignated as subsection
739 (10), and a new subsection is added to that section, to read:
740 288.106 Tax refund program for qualified target industry
741 businesses.—
742 (2) DEFINITIONS.—As used in this section:
743 (c) “Average private sector wage in the area” means the
744 statewide private sector average wage or the average of all
745 private sector wages and salaries in the county or in the
746 standard metropolitan area in which the business is located.
747 (4) APPLICATION AND APPROVAL PROCESS.—
748 (b) To qualify for review by the department, the
749 application of a target industry business must, at a minimum,
750 establish the following to the satisfaction of the department:
751 1.a. The jobs proposed to be created under the application,
752 pursuant to subparagraph (a)4., must pay an estimated annual
753 average wage equaling at least 115 percent of the average
754 private sector wage in the area where the business is to be
755 located or the statewide private sector average wage. The
756 governing board of the local governmental entity providing the
757 local financial support of the jurisdiction where the qualified
758 target industry business is to be located shall notify the
759 department and Enterprise Florida, Inc., which calculation of
760 the average private sector wage in the area must be used as the
761 basis for the business’s wage commitment. In determining the
762 average annual wage, the department shall include only new
763 proposed jobs, and wages for existing jobs shall be excluded
764 from this calculation.
765 b. The department may waive the average wage requirement at
766 the request of the local governing body recommending the project
767 and Enterprise Florida, Inc. The department may waive the wage
768 requirement for a project located in a brownfield area
769 designated under s. 376.80, in a rural city, in a rural
770 community, in an enterprise zone, or for a manufacturing project
771 at any location in the state if the jobs proposed to be created
772 pay an estimated annual average wage equaling at least 100
773 percent of the average private sector wage in the area where the
774 business is to be located, only if the merits of the individual
775 project or the specific circumstances in the community in
776 relationship to the project warrant such action. If the local
777 governing body and Enterprise Florida, Inc., make such a
778 recommendation, it must be transmitted in writing and must
779 include an explanation of, and the specific justification for
780 the waiver recommendation must be explained. If the department
781 elects to waive the wage requirement, the waiver must be stated
782 in writing and must include an explanation of, and the reasons
783 for granting the waiver must be explained.
784 2. The target industry business’s project must result in
785 the creation of at least 10 jobs at the project and, in the case
786 of an expansion of an existing business, must result in a net
787 increase in employment of at least 10 percent at the business.
788 At the request of the local governing body recommending the
789 project and Enterprise Florida, Inc., the department may waive
790 this requirement for a business in a rural community or
791 enterprise zone if the merits of the individual project or the
792 specific circumstances in the community in relationship to the
793 project warrant such action. If the local governing body and
794 Enterprise Florida, Inc., make such a request, the request must
795 be transmitted in writing and must include an explanation of,
796 and the specific justification for the request must be
797 explained. If the department elects to grant the request, the
798 grant must be stated in writing, and explain why the request was
799 granted the reason for granting the request must be explained.
800 3. The business activity or product for the applicant’s
801 project must be within an industry identified by the department
802 as a target industry business that contributes to the economic
803 growth of the state and the area in which the business is
804 located, that produces a higher standard of living for residents
805 of this state in the new global economy, or that can be shown to
806 make an equivalent contribution to the area’s and state’s
807 economic progress.
808 (9) INCENTIVE PAYMENTS.—The incentive payments made to a
809 business pursuant to this section are not repayments of the
810 actual taxes paid to the state or to a local government by the
811 business. The amount of state and local government taxes paid by
812 a business serve as a limitation on the amount of incentive
813 payments a business may receive.
814 Section 13. Paragraph (b) of subsection (2) of section
815 288.108, Florida Statutes, is amended to read:
816 288.108 High-impact business.—
817 (2) DEFINITIONS.—As used in this section, the term:
818 (b) “Cumulative investment” means the total investment in
819 buildings and equipment made by a qualified high-impact business
820 since the beginning of construction of such facility. The term
821 does not include funds granted to or spent on behalf of the
822 qualifying business by the state, a local government, or other
823 governmental entity; funds appropriated in the General
824 Appropriations Act; or funds otherwise provided to the
825 qualifying business by a state agency, local government, or
826 other governmental entity.
827 Section 14. Section 288.1088, Florida Statutes, are amended
828 to read:
829 288.1088 Florida Enterprise Quick Action Closing Fund.—
830 (1)(a) The Legislature finds that attracting, retaining,
831 and providing favorable conditions for the growth of certain
832 high-impact business facilities, privately developed critical
833 rural infrastructure, or key facilities in economically
834 distressed urban or rural communities which provide widespread
835 economic benefits to the public through high-quality employment
836 opportunities in such facilities or in related facilities
837 attracted to the state, through the increased tax base provided
838 by the high-impact facility and related businesses, through an
839 enhanced entrepreneurial climate in the state and the resulting
840 business and employment opportunities, and through the
841 stimulation and enhancement of the state’s universities and
842 community colleges. In the global economy, there exists serious
843 and fierce international competition for these facilities, and
844 in most instances, when all available resources for economic
845 development have been used, the state continues to encounter
846 severe competitive disadvantages in vying for these business
847 facilities. Florida’s rural areas must provide a competitive
848 environment for business in the information age. This often
849 requires an incentive to make it feasible for private investors
850 to provide infrastructure in those areas.
851 (b) The Legislature finds that the conclusion of the space
852 shuttle program and the gap in civil human space flight will
853 result in significant job losses that will negatively impact
854 families, companies, the state and regional economies, and the
855 capability level of this state’s aerospace workforce. Thus, the
856 Legislature also finds that this loss of jobs is a matter of
857 state interest and great public importance. The Legislature
858 further finds that it is in the state’s interest for provisions
859 to be made in incentive programs for economic development to
860 maximize the state’s ability to mitigate these impacts and to
861 develop a more diverse aerospace economy.
862 (c) The Legislature therefore declares that sufficient
863 resources shall be available to respond to extraordinary
864 economic opportunities and to compete effectively for these
865 high-impact business facilities, critical private infrastructure
866 in rural areas, and key businesses in economically distressed
867 urban or rural communities, and that up to 20 percent of these
868 resources may be used for projects to retain or create high
869 technology jobs that are directly associated with developing a
870 more diverse aerospace economy in this state.
871 (2) There is created within the department the Florida
872 Enterprise Quick Action Closing Fund. Except as provided in
873 subsection (3), projects eligible for receipt of funds from the
874 Florida Enterprise Quick Action Closing Fund must shall:
875 (a) Be in an industry as referenced in s. 288.106.
876 (b) Have a positive economic benefit ratio of at least 3 to
877 1 5 to 1.
878 (c) Be an inducement to the project’s location or expansion
879 in the state.
880 (d) Pay an average annual wage of at least 125 percent of
881 the average areawide or statewide private sector average wage in
882 the area.
883 (e) Be supported by the local community in which the
884 project is to be located. Support must include a resolution
885 adopted by the governing board of the county or municipality in
886 which the project will be located, which resolution recommends
887 that the project be approved and specifies that the commitments
888 of local financial support necessary for the business exist.
889 Before the passage of such resolution, the department may also
890 accept an official letter from an authorized local economic
891 development agency that endorses the proposed project and
892 pledges that sources of local financial support for such project
893 exist. For the purposes of making pledges of local financial
894 support under this paragraph, the authorized local economic
895 development agency shall be officially designated by the passage
896 of a one-time resolution by the local governing board. For
897 purposes of this section, the term “local financial support”
898 means funding from local sources, public or private, which is
899 paid to the Economic Development Trust Fund and which is equal
900 to 20 percent of the Florida Enterprise Fund award to a
901 business.
902 1. A business may not provide, directly or indirectly, more
903 than 5 percent of such funding in any fiscal year. The sources
904 of such funding may not include, directly or indirectly, state
905 funds appropriated from the General Revenue Fund or any state
906 trust fund, excluding tax revenues shared with local governments
907 pursuant to law.
908 2. A business may not receive more than 80 percent of its
909 total award under this section from state funds.
910 (f) Create at least 10 new jobs.
911 (3)(a) The department and Enterprise Florida, Inc., shall
912 jointly review applications pursuant to s. 288.061 and determine
913 the eligibility of each project consistent with the criteria in
914 subsection (2).
915 (b) If the local governing body and Enterprise Florida,
916 Inc., decide to request a waiver of the criteria in subsection
917 (2), the request must be transmitted in writing to the
918 department with an explanation of the specific justification for
919 the request. If the department approves the request, the
920 decision must be stated in writing with an explanation of the
921 reason for approving the request. A waiver of the criteria in
922 subsection (2) these criteria may be considered for under the
923 following reasons criteria:
924 1. Based on extraordinary circumstances;
925 2. In order to mitigate the impact of the conclusion of the
926 space shuttle program; or
927 3. In rural areas of opportunity if the project would
928 significantly benefit the local or regional economy.
929 (4)(b) The department shall evaluate individual proposals
930 for high-impact business facilities. Such evaluation must
931 include, but need not be limited to:
932 (a)1. A description of the type of facility or
933 infrastructure, its operations, and the associated product or
934 service associated with the facility.
935 (b)2. The number of full-time-equivalent jobs that will be
936 created by the facility and the total estimated average annual
937 wages of those jobs or, in the case of privately developed rural
938 infrastructure, the types of business activities and jobs
939 stimulated by the investment.
940 (c)3. The cumulative amount of investment to be dedicated
941 to the facility within a specified period.
942 (d)4. A statement of any special impacts the facility is
943 expected to stimulate in a particular business sector in the
944 state or regional economy or in the state’s universities and
945 community colleges.
946 (e)5. A statement of the role the incentive is expected to
947 play in the decision of the applicant business to locate or
948 expand in this state or for the private investor to provide
949 critical rural infrastructure.
950 (f)6. A report evaluating the quality and value of the
951 company submitting a proposal. The report must include:
952 1.a. A financial analysis of the company, including an
953 evaluation of the company’s short-term liquidity ratio as
954 measured by its assets to liabilities liability, the company’s
955 profitability ratio, and the company’s long-term solvency as
956 measured by its debt-to-equity ratio;
957 2.b. The historical market performance of the company;
958 3.c. A review of any independent evaluations of the
959 company;
960 4.d. A review of the latest audit of the company’s
961 financial statement and the related auditor’s management letter;
962 and
963 5.e. A review of any other types of audits that are related
964 to the internal and management controls of the company.
965 (g) The amount of local financial support for the project.
966 (5)(c)1. Within 7 business days after evaluating a project,
967 the department shall recommend to the Governor approval or
968 disapproval of the a project for receipt of funds from the
969 Florida Enterprise Quick Action Closing Fund. In recommending a
970 project, the department shall include proposed performance
971 conditions that the project must meet to obtain incentive funds.
972 (a)2. The Governor may approve projects without consulting
973 the Legislature for projects requiring less than $2 million in
974 funding.
975 (b)3. For projects requiring funding in the amount of $2
976 million to $5 million, the Governor shall provide a written
977 description and evaluation of a project recommended for approval
978 to the chair and vice chair of the Legislative Budget Commission
979 at least 10 days before prior to giving final approval for the a
980 project. The recommendation must include proposed performance
981 conditions that the project must meet in order to obtain funds.
982 (c)4. If the chair or vice chair of the Legislative Budget
983 Commission or the President of the Senate or the Speaker of the
984 House of Representatives timely advises the Executive Office of
985 the Governor, in writing, that such action or proposed action
986 exceeds the delegated authority of the Executive Office of the
987 Governor or is contrary to legislative policy or intent, the
988 Executive Office of the Governor shall void the release of funds
989 and instruct the department to immediately change such action or
990 proposed action until the Legislative Budget Commission or the
991 Legislature addresses the issue. Notwithstanding such
992 requirement, any project exceeding $5 million must be approved
993 by the Legislative Budget Commission before prior to the funds
994 are being released.
995 (6)(d) Upon the approval of the Governor, the department
996 shall issue a letter certifying the applicant as qualified for
997 an award. The department and the business shall enter into a
998 contract that sets forth the performance conditions for payment
999 of moneys from the fund. Such payment may not be made to the
1000 business until the scheduled performance conditions have been
1001 met. The contract must include the total amount of funds
1002 awarded; the performance conditions that must be met to obtain
1003 the award, including, but not limited to, net new employment in
1004 the state, average salary, and total capital investment;
1005 demonstrate a baseline of current service and a measure of
1006 enhanced capability; the methodology for validating performance;
1007 the schedule of payments from the fund; the amount of local
1008 financial support that will be annually available and that will
1009 be paid into the Economic Development Trust Fund; and sanctions
1010 for failure to meet performance conditions. The contract must
1011 provide that payment of moneys from the fund is contingent upon
1012 sufficient appropriation of funds by the Legislature. The
1013 department may not enter into a contract with a business if the
1014 local financial support resolution is not passed by the local
1015 governing body within 90 days after the department has issued
1016 the letter of certification.
1017 (7)(e) The department shall validate contractor performance
1018 and report such validation in the annual incentives report
1019 required under s. 288.907.
1020 (8)(a)(4) Funds appropriated by the Legislature for
1021 purposes of implementing this section shall be placed in reserve
1022 and may only be released pursuant to the legislative
1023 consultation and review requirements set forth in this section.
1024 (b) A scheduled payment from the fund may not be approved
1025 for a business unless the required local financial support has
1026 been paid into the account for that project. Funding from local
1027 sources includes any tax abatement granted to that business
1028 under s. 196.1995 or the appraised market value of municipal or
1029 county land conveyed or provided at a discount to that business.
1030 The amount of any scheduled payment from the fund to such
1031 business approved under this section must be reduced by the
1032 amount of any such tax abatement granted or the value of the
1033 land granted. A report listing all sources of the local
1034 financial support shall be provided to the department when such
1035 support is paid to the account.
1036 Section 15. Paragraph (b) of subsection (2), paragraphs (a)
1037 and (d) of subsection (4), and paragraph (b) of subsection (8)
1038 of section 288.1089, Florida Statutes, are amended to read:
1039 288.1089 Innovation Incentive Program.—
1040 (2) As used in this section, the term:
1041 (b) “Average private sector wage” means the statewide
1042 average wage in the private sector or the average of all private
1043 sector wages in the county or in the standard metropolitan area
1044 in which the project is located as determined by the department.
1045 (4) To qualify for review by the department, the applicant
1046 must, at a minimum, establish the following to the satisfaction
1047 of the department:
1048 (a) The jobs created by the project must pay an estimated
1049 annual average wage equaling at least 130 percent of the average
1050 private sector wage in the area. The department may waive this
1051 average wage requirement at the request of Enterprise Florida,
1052 Inc., for a project located in a rural area, a brownfield area,
1053 or an enterprise zone, when the merits of the individual project
1054 or the specific circumstances in the community in relationship
1055 to the project warrant such action. A recommendation for waiver
1056 by Enterprise Florida, Inc., must include a specific
1057 justification for the waiver and be transmitted to the
1058 department in writing. If the department elects to waive the
1059 wage requirement, the waiver must be stated in writing and
1060 explain the reasons for granting the waiver must be explained.
1061 (d) For an alternative and renewable energy project in this
1062 state, the project must:
1063 1. Demonstrate a plan for significant collaboration with an
1064 institution of higher education;
1065 2. Provide the state, at a minimum, a cumulative break-even
1066 economic benefit within a 20-year period;
1067 3. Include matching funds provided by the applicant or
1068 other available sources. The match requirement may be reduced or
1069 waived in rural areas of opportunity or reduced in rural areas,
1070 brownfield areas, and enterprise zones;
1071 4. Be located in this state; and
1072 5. Provide at least 35 direct, new jobs that pay an
1073 estimated annual average wage that equals at least 130 percent
1074 of the average private sector wage in the area.
1075 (8)
1076 (b) Additionally, agreements signed on or after July 1,
1077 2009, must include the following provisions:
1078 1. Notwithstanding subsection (4), a requirement that the
1079 jobs created by the recipient of the incentive funds pay an
1080 annual average wage at least equal to the relevant industry’s
1081 annual average wage or at least 130 percent of the average
1082 private sector wage in the area, whichever is greater.
1083 2. A reinvestment requirement. Each recipient of an award
1084 shall reinvest up to 15 percent of net royalty revenues,
1085 including revenues from spin-off companies and the revenues from
1086 the sale of stock it receives from the licensing or transfer of
1087 inventions, methods, processes, and other patentable discoveries
1088 conceived or reduced to practice using its facilities in Florida
1089 or its Florida-based employees, in whole or in part, and to
1090 which the recipient of the grant becomes entitled during the 20
1091 years following the effective date of its agreement with the
1092 department. Each recipient of an award also shall reinvest up to
1093 15 percent of the gross revenues it receives from naming
1094 opportunities associated with any facility it builds in this
1095 state. Reinvestment payments shall commence no later than 6
1096 months after the recipient of the grant has received the final
1097 disbursement under the contract and shall continue until the
1098 maximum reinvestment, as specified in the contract, has been
1099 paid. Reinvestment payments shall be remitted to the department
1100 for deposit in the Biomedical Research Trust Fund for companies
1101 specializing in biomedicine or life sciences, or in the Economic
1102 Development Trust Fund for companies specializing in fields
1103 other than biomedicine or the life sciences. If these trust
1104 funds no longer exist at the time of the reinvestment, the
1105 state’s share of reinvestment shall be deposited in their
1106 successor trust funds as determined by law. Each recipient of an
1107 award shall annually submit a schedule of the shares of stock
1108 held by it as payment of the royalty required by this paragraph
1109 and report on any trades or activity concerning such stock. Each
1110 recipient’s reinvestment obligations survive the expiration or
1111 termination of its agreement with the state.
1112 3. Requirements for the establishment of internship
1113 programs or other learning opportunities for educators and
1114 secondary, postsecondary, graduate, and doctoral students.
1115 4. A requirement that the recipient submit quarterly
1116 reports and annual reports related to activities and performance
1117 to the department, according to standardized reporting periods.
1118 5. A requirement for an annual accounting to the department
1119 of the expenditure of funds disbursed under this section.
1120 6. A process for amending the agreement.
1121 Section 16. Effective July 1, 2016, subsection (7) of
1122 section 288.11621, Florida Statutes, is amended to read:
1123 288.11621 Spring training baseball franchises.—
1124 (7) STRATEGIC PLANNING.—The department shall request
1125 assistance from the Florida Sports Foundation Enterprise
1126 Florida, Inc., and the Florida Grapefruit League Association to
1127 develop a comprehensive strategic plan to:
1128 (a) Finance spring training facilities.
1129 (b) Monitor and oversee the use of state funds awarded to
1130 applicants.
1131 (c) Identify the financial impact that spring training has
1132 on the state and ways in which to maintain or improve that
1133 impact.
1134 (d) Identify opportunities to develop public-private
1135 partnerships to engage in marketing activities and advertise
1136 spring training baseball.
1137 (e) Identify efforts made by other states to maintain or
1138 develop partnerships with baseball spring training teams.
1139 (f) Develop recommendations for the Legislature to sustain
1140 or improve this state’s spring training tradition.
1141 Section 17. Subsections (1) and (3), paragraph (a) of
1142 subsection (5), paragraph (e) of subsection (7), and subsections
1143 (11) through (14) of section 288.11625, Florida Statutes, are
1144 amended to read:
1145 288.11625 Sports development.—
1146 (1) ADMINISTRATION.—The department shall serve as the state
1147 agency responsible for screening applicants for state funding
1148 under s. 212.20(6)(d)6.e. s. 212.20(6)(d)6.f.
1149 (3) PURPOSE.—The purpose of this section is to provide
1150 applicants state funding under s. 212.20(6)(d)6.e. s.
1151 212.20(6)(d)6.f. for the public purpose of constructing,
1152 reconstructing, renovating, or improving a facility.
1153 (5) EVALUATION PROCESS.—
1154 (a) Before recommending an applicant to receive a state
1155 distribution under s. 212.20(6)(d)6.e. s. 212.20(6)(d)6.f., the
1156 department must verify that:
1157 1. The applicant or beneficiary is responsible for the
1158 construction, reconstruction, renovation, or improvement of a
1159 facility and obtained at least three bids for the project.
1160 2. If the applicant is not a unit of local government, a
1161 unit of local government holds title to the property on which
1162 the facility and project are, or will be, located.
1163 3. If the applicant is a unit of local government in whose
1164 jurisdiction the facility is, or will be, located, the unit of
1165 local government has an exclusive intent agreement to negotiate
1166 in this state with the beneficiary.
1167 4. A unit of local government in whose jurisdiction the
1168 facility is, or will be, located supports the application for
1169 state funds. Such support must be verified by the adoption of a
1170 resolution, after a public hearing, that the project serves a
1171 public purpose.
1172 5. The applicant or beneficiary has not previously
1173 defaulted or failed to meet any statutory requirements of a
1174 previous state-administered sports-related program under s.
1175 288.1162, s. 288.11621, s. 288.11631, or this section.
1176 Additionally, the applicant or beneficiary is not currently
1177 receiving state distributions under s. 212.20 for the facility
1178 that is the subject of the application, unless the applicant
1179 demonstrates that the franchise that applied for a distribution
1180 under s. 212.20 no longer plays at the facility that is the
1181 subject of the application.
1182 6. The applicant or beneficiary has sufficiently
1183 demonstrated a commitment to employ residents of this state,
1184 contract with Florida-based firms, and purchase locally
1185 available building materials to the greatest extent possible.
1186 7. If the applicant is a unit of local government, the
1187 applicant has a certified copy of a signed agreement with a
1188 beneficiary for the use of the facility. If the applicant is a
1189 beneficiary, the beneficiary must enter into an agreement with
1190 the department. The applicant’s or beneficiary’s agreement must
1191 also require the following:
1192 a. The beneficiary must reimburse the state for state funds
1193 that will be distributed if the beneficiary relocates or no
1194 longer occupies or uses the facility as the facility’s primary
1195 tenant before the agreement expires. Reimbursements must be sent
1196 to the Department of Revenue for deposit into the General
1197 Revenue Fund.
1198 b. The beneficiary must pay for signage or advertising
1199 within the facility. The signage or advertising must be placed
1200 in a prominent location as close to the field of play or
1201 competition as is practicable, must be displayed consistent with
1202 signage or advertising in the same location and of like value,
1203 and must feature Florida advertising approved by the Florida
1204 Tourism Industry Marketing Corporation.
1205 8. The project will commence within 12 months after
1206 receiving state funds or did not commence before January 1,
1207 2013.
1208 (7) CONTRACT.—An applicant approved by the Legislature and
1209 certified by the department must enter into a contract with the
1210 department which:
1211 (e) Requires the applicant to reimburse the state by
1212 electing to do one of the following:
1213 1. After all distributions have been made, reimburse at the
1214 end of the contract term any amount by which the total
1215 distributions made under s. 212.20(6)(d)6.e. s. 212.20(6)(d)6.f.
1216 exceed actual new incremental state sales taxes generated by
1217 sales at the facility during the contract, plus a 5 percent
1218 penalty on that amount.
1219 2. After the applicant begins to submit the independent
1220 analysis under paragraph (c), reimburse each year any amount by
1221 which the previous year’s annual distribution exceeds 75 percent
1222 of the actual new incremental state sales taxes generated by
1223 sales at the facility.
1224
1225 Any reimbursement due to the state must be made within 90 days
1226 after the applicable distribution under this paragraph. If the
1227 applicant is unable or unwilling to reimburse the state for such
1228 amount, the department may place a lien on the applicant’s
1229 facility. If the applicant is a municipality or county, it may
1230 reimburse the state from its half-cent sales tax allocation, as
1231 provided in s. 218.64(3). Reimbursements must be sent to the
1232 Department of Revenue for deposit into the General Revenue Fund.
1233 (11) APPLICATION RELATED TO NEW FACILITIES OR PROJECTS
1234 COMMENCED BEFORE JULY 1, 2014.—Notwithstanding paragraph (4)(e),
1235 the Legislative Budget Commission may approve an application for
1236 state funds by an applicant for a new facility or a project
1237 commenced between March 1, 2013, and July 1, 2014. Such an
1238 application may be submitted after May 1, 2014. The department
1239 must review the application and recommend approval to the
1240 Legislature or deny the application. The Legislative Budget
1241 Commission may approve applications on or after January 1, 2015.
1242 The department must certify the applicant within 45 days of
1243 approval by the Legislative Budget Commission. State funds may
1244 not be distributed until the department notifies the Department
1245 of Revenue that the applicant was approved by the Legislative
1246 Budget Commission and certified by the department. An applicant
1247 certified under this subsection is subject to the provisions and
1248 requirements of this section. An applicant that fails to meet
1249 the conditions of this subsection may reapply during future
1250 application periods.
1251 (11)(12) REPAYMENT OF DISTRIBUTIONS.—An applicant that is
1252 certified under this section may be subject to repayment of
1253 distributions upon the occurrence of any of the following:
1254 (a) An applicant’s beneficiary has broken the terms of its
1255 agreement with the applicant and relocated from the facility or
1256 no longer occupies or uses the facility as the facility’s
1257 primary tenant. The beneficiary must reimburse the state for
1258 state funds that will be distributed, plus a 5 percent penalty
1259 on that amount, if the beneficiary relocates before the
1260 agreement expires.
1261 (b) A determination by the department that an applicant has
1262 submitted information or made a representation that is
1263 determined to be false, misleading, deceptive, or otherwise
1264 untrue. The applicant must reimburse the state for state funds
1265 that have been and will be distributed, plus a 5 percent penalty
1266 on that amount, if such determination is made. If the applicant
1267 is a municipality or county, it may reimburse the state from its
1268 half-cent sales tax allocation, as provided in s. 218.64(3).
1269 (c) Repayment of distributions must be sent to the
1270 Department of Revenue for deposit into the General Revenue Fund.
1271 (12)(13) HALTING OF PAYMENTS.—The applicant may request in
1272 writing at least 20 days before the next monthly distribution
1273 that the department halt future payments. The department shall
1274 immediately notify the Department of Revenue to halt future
1275 payments.
1276 (13)(14) RULEMAKING.—The department may adopt rules to
1277 implement this section.
1278 Section 18. Paragraph (c) of subsection (2) and paragraphs
1279 (a), (c), and (d) of subsection (3) of section 288.11631,
1280 Florida Statutes, are amended to read:
1281 288.11631 Retention of Major League Baseball spring
1282 training baseball franchises.—
1283 (2) CERTIFICATION PROCESS.—
1284 (c) Each applicant certified on or after July 1, 2013,
1285 shall enter into an agreement with the department which:
1286 1. Specifies the amount of the state incentive funding to
1287 be distributed. The amount of state incentive funding per
1288 certified applicant may not exceed $20 million. However, if a
1289 certified applicant’s facility is used by more than one spring
1290 training franchise, the maximum amount may not exceed $50
1291 million, and the Department of Revenue shall make distributions
1292 to the applicant pursuant to s. 212.20(6)(d)6.d. s.
1293 212.20(6)(d)6.e.
1294 2. States the criteria that the certified applicant must
1295 meet in order to remain certified. These criteria must include a
1296 provision stating that the spring training franchise must
1297 reimburse the state for any funds received if the franchise does
1298 not comply with the terms of the contract. If bonds were issued
1299 to construct or renovate a facility for a spring training
1300 franchise, the required reimbursement must be equal to the total
1301 amount of state distributions expected to be paid from the date
1302 the franchise violates the agreement with the applicant through
1303 the final maturity of the bonds.
1304 3. States that the certified applicant is subject to
1305 decertification if the certified applicant fails to comply with
1306 this section or the agreement.
1307 4. States that the department may recover state incentive
1308 funds if the certified applicant is decertified.
1309 5. Specifies the information that the certified applicant
1310 must report to the department.
1311 6. Includes any provision deemed prudent by the department.
1312 (3) USE OF FUNDS.—
1313 (a) A certified applicant may use funds provided under s.
1314 212.20(6)(d)6.d. s. 212.20(6)(d)6.e. only to:
1315 1. Serve the public purpose of constructing or renovating a
1316 facility for a spring training franchise.
1317 2. Pay or pledge for the payment of debt service on, or to
1318 fund debt service reserve funds, arbitrage rebate obligations,
1319 or other amounts payable with respect thereto, bonds issued for
1320 the construction or renovation of such facility, or for the
1321 reimbursement of such costs or the refinancing of bonds issued
1322 for such purposes.
1323 (c) The Department of Revenue may not distribute funds
1324 under s. 212.20(6)(d)6.d. s. 212.20(6)(d)6.e. until July 1,
1325 2016. Further, the Department of Revenue may not distribute
1326 funds to an applicant certified on or after July 1, 2013, until
1327 it receives notice from the department that:
1328 1. The certified applicant has encumbered funds under
1329 either subparagraph (a)1. or subparagraph (a)2.; and
1330 2. If applicable, any existing agreement with a spring
1331 training franchise for the use of a facility has expired.
1332 (d)1. All certified applicants shall place unexpended state
1333 funds received pursuant to s. 212.20(6)(d)6.d. s.
1334 212.20(6)(d)6.e. in a trust fund or separate account for use
1335 only as authorized in this section.
1336 2. A certified applicant may request that the department
1337 notify the Department of Revenue to suspend further
1338 distributions of state funds made available under s.
1339 212.20(6)(d)6.d. s. 212.20(6)(d)6.e. for 12 months after
1340 expiration of an existing agreement with a spring training
1341 franchise to provide the certified applicant with an opportunity
1342 to enter into a new agreement with a spring training franchise,
1343 at which time the distributions shall resume.
1344 3. The expenditure of state funds distributed to an
1345 applicant certified after July 1, 2013, must begin within 48
1346 months after the initial receipt of the state funds. In
1347 addition, the construction or renovation of a spring training
1348 facility must be completed within 24 months after the project’s
1349 commencement.
1350 Section 19. Section 288.1169, Florida Statutes, is
1351 repealed.
1352 Section 20. Effective July 1, 2016, notwithstanding the
1353 repeal of section 288.1229, Florida Statutes, in s. 485, chapter
1354 2011-142, Laws of Florida, section 288.1229, Florida Statutes,
1355 is revived, reenacted, and amended to read:
1356 288.1229 Promotion and development of sports-related
1357 industries and amateur athletics; direct-support organization
1358 established; powers and duties.—
1359 (1) The Department of Economic Opportunity shall establish
1360 a direct-support organization known as the Florida Sports
1361 Foundation. The foundation shall The Office of Tourism, Trade,
1362 and Economic Development may authorize a direct-support
1363 organization to assist the department office in:
1364 (a) The promotion and development of the sports industry
1365 and related industries for the purpose of improving the economic
1366 presence of these industries in Florida.
1367 (b) The promotion of amateur athletic participation for the
1368 citizens of Florida and the promotion of Florida as a host for
1369 national and international amateur athletic competitions for the
1370 purpose of encouraging and increasing the direct and ancillary
1371 economic benefits of amateur athletic events and competitions.
1372 (c) The retention of professional sports franchises,
1373 including the spring training operations of Major League
1374 Baseball.
1375 (2) The Florida Sports Foundation To be authorized as a
1376 direct-support organization, an organization must:
1377 (a) Be incorporated as a corporation not for profit
1378 pursuant to chapter 617.
1379 (b)1. Be governed by a board of directors, which must
1380 consist of 20 up to 15 members appointed by the Governor, which
1381 include:
1382 a. Ten members representing Florida major league franchises
1383 of Major League Baseball, National Basketball Association,
1384 National Football League, Arena Football League, National Hockey
1385 League, and Major League Soccer teams domiciled in this state.
1386 b. A member representing Florida Sports Commissions.
1387 c. A member representing the boating and fishing industries
1388 in Florida.
1389 d. A member representing the golf industry in Florida.
1390 e. A member representing Major League Baseball spring
1391 training.
1392 f. A member representing the auto racing industry in
1393 Florida.
1394 g. Five members at-large and up to 15 members appointed by
1395 the existing board of directors. In making at-large
1396 appointments, the governor board must consider a potential
1397 member’s background in community service and sports activism in,
1398 and financial support of, the sports industry, professional
1399 sports, or organized amateur athletics. Members must be
1400 residents of the state and highly knowledgeable about or active
1401 in professional or organized amateur sports.
1402 2. The board must contain representatives of all
1403 geographical regions of the state and must represent ethnic and
1404 gender diversity. The terms of office of the members shall be 4
1405 years. No member may serve more than two consecutive terms. The
1406 Governor may remove any member for cause and shall fill all
1407 vacancies that occur.
1408 (c) Have as its purpose, as stated in its articles of
1409 incorporation, to receive, hold, invest, and administer
1410 property; to raise funds and receive gifts; and to promote and
1411 develop the sports industry and related industries for the
1412 purpose of increasing the economic presence of these industries
1413 in Florida.
1414 (d) Have a prior determination by the department Office of
1415 Tourism, Trade, and Economic Development that the organization
1416 will benefit the department office and act in the best interests
1417 of the state as a direct-support organization to the department
1418 office.
1419 (3) The Florida Sports Foundation shall operate under
1420 contract with the department. The department shall enter into a
1421 contract with the foundation by July 1, 2016. The contract must
1422 provide Office of Tourism, Trade, and Economic Development shall
1423 contract with the organization and shall include in the contract
1424 that:
1425 (a) The department office may review the foundation’s
1426 organization’s articles of incorporation.
1427 (b) The foundation organization shall submit an annual
1428 budget proposal to the department office, on a form provided by
1429 the department office, in accordance with department office
1430 procedures for filing budget proposals based upon the
1431 recommendation of the department office.
1432 (c) Any funds that the foundation organization holds in
1433 trust will revert to the state upon the expiration or
1434 cancellation of the contract.
1435 (d) The foundation organization is subject to an annual
1436 financial and performance review by the department office to
1437 determine whether the foundation organization is complying with
1438 the terms of the contract and whether it is acting in a manner
1439 consistent with the goals of the department office and in the
1440 best interests of the state.
1441 (e) The fiscal year of the foundation begins organization
1442 will begin July 1 of each year and ends end June 30 of the next
1443 ensuing year.
1444 (4) The department Office of Tourism, Trade, and Economic
1445 Development may allow the foundation organization to use the
1446 property, facilities, personnel, and services of the department
1447 office if the foundation organization provides equal employment
1448 opportunities to all persons regardless of race, color,
1449 religion, sex, age, or national origin, subject to the approval
1450 of the executive director of the department office.
1451 (5) The foundation organization shall provide for an annual
1452 financial audit in accordance with s. 215.981.
1453 (6) The foundation organization is not granted any taxing
1454 power.
1455 (7) In exercising the power provided in this section, the
1456 Office of Tourism, Trade, and Economic Development may authorize
1457 and contract with the direct-support organization existing on
1458 June 30, 1996, and authorized by the former Florida Department
1459 of Commerce to promote sports-related industries. An appointed
1460 member of the board of directors of such direct-support
1461 organization as of June 30, 1996, may serve the remainder of his
1462 or her unexpired term.
1463 (7)(8) To promote amateur sports and physical fitness, the
1464 foundation direct-support organization shall:
1465 (a) Develop, foster, and coordinate services and programs
1466 for amateur sports for the people of Florida.
1467 (b) Sponsor amateur sports workshops, clinics, conferences,
1468 and other similar activities.
1469 (c) Give recognition to outstanding developments and
1470 achievements in, and contributions to, amateur sports.
1471 (d) Encourage, support, and assist local governments and
1472 communities in the development of or hosting of local amateur
1473 athletic events and competitions.
1474 (e) Promote Florida as a host for national and
1475 international amateur athletic competitions.
1476 (f) Develop a statewide programs program of amateur
1477 athletic competition to be known as the “Florida Senior Games”
1478 and the “Sunshine State Games.”
1479 (g) Continue the successful amateur sports programs
1480 previously conducted by the Florida Governor’s Council on
1481 Physical Fitness and Amateur Sports created under former s.
1482 14.22.
1483 (h) Encourage and continue the use of volunteers in its
1484 amateur sports programs to the maximum extent possible.
1485 (i) Develop, foster, and coordinate services and programs
1486 designed to encourage the participation of Florida’s youth in
1487 Olympic sports activities and competitions.
1488 (j) Foster and coordinate services and programs designed to
1489 contribute to the physical fitness of the citizens of Florida.
1490 (8)(9)(a) The Sunshine State Games and Florida Senior Games
1491 shall both be patterned after the Summer Olympics with
1492 variations as necessitated by availability of facilities,
1493 equipment, and expertise. The games shall be designed to
1494 encourage the participation of athletes representing a broad
1495 range of age groups, skill levels, and Florida communities.
1496 Participants shall be residents of this state. Regional
1497 competitions shall be held throughout the state, and the top
1498 qualifiers in each sport shall proceed to the final competitions
1499 to be held at a site in the state with the necessary facilities
1500 and equipment for conducting the competitions.
1501 (b) The department Executive Office of the Governor is
1502 authorized to permit the use of property, facilities, and
1503 personal services of or at any State University System facility
1504 or institution by the direct-support organization operating the
1505 Sunshine State Games and Florida Senior Games. For the purposes
1506 of this paragraph, personal services includes full-time or part
1507 time personnel as well as payroll processing.
1508 Section 21. Section 288.125, Florida Statutes, is amended
1509 to read:
1510 288.125 Definition of term “entertainment industry.”—For
1511 the purposes of ss. 288.1254, 288.1256, 288.1258, 288.913,
1512 288.914, and 288.915 ss. 288.1251-288.1258, the term
1513 “entertainment industry” means those persons or entities engaged
1514 in the operation of motion picture or television studios or
1515 recording studios; those persons or entities engaged in the
1516 preproduction, production, or postproduction of motion pictures,
1517 made-for-television movies, television programming, digital
1518 media projects, commercial advertising, music videos, or sound
1519 recordings; and those persons or entities providing products or
1520 services directly related to the preproduction, production, or
1521 postproduction of motion pictures, made-for-television movies,
1522 television programming, digital media projects, commercial
1523 advertising, music videos, or sound recordings, including, but
1524 not limited to, the broadcast industry.
1525 Section 22. Section 288.1251, Florida Statutes, is
1526 renumbered as section 288.913, Florida Statutes, and amended to
1527 read:
1528 288.913 288.1251 Promotion and development of entertainment
1529 industry; Division Office of Film and Entertainment; creation;
1530 purpose; powers and duties.—
1531 (1) CREATION.—
1532 (a) The Division of Film and Entertainment There is hereby
1533 created within Enterprise Florida, Inc., the department the
1534 Office of Film and Entertainment for the purpose of developing,
1535 recruiting, marketing, promoting, and providing services to the
1536 state’s entertainment industry. The division shall serve as a
1537 liaison between the entertainment industry and other state and
1538 local governmental agencies, local film commissions, and labor
1539 organizations.
1540 (2)(b) COMMISSIONER.—The president of Enterprise Florida,
1541 Inc., shall appoint the film and entertainment commissioner, who
1542 is subject to confirmation by the Senate, within 90 days after
1543 the effective date of this act department shall conduct a
1544 national search for a qualified person to fill the position of
1545 Commissioner of Film and Entertainment when the position is
1546 vacant. The executive director of the department has the
1547 responsibility to hire the film commissioner. The commissioner
1548 is subject to the requirements of s. 288.901(1)(c).
1549 Qualifications for the film commissioner include, but are not
1550 limited to, the following:
1551 (a)1. At least 5 years’ A working knowledge of and
1552 experience with the equipment, personnel, financial, and day-to
1553 day production operations of the industries to be served by the
1554 division Office of Film and Entertainment;
1555 (b)2. Marketing and promotion experience related to the
1556 film and entertainment industries to be served;
1557 (c)3. Experience working with a variety of individuals
1558 representing large and small entertainment-related businesses,
1559 industry associations, local community entertainment industry
1560 liaisons, and labor organizations; and
1561 (d)4. Experience working with a variety of state and local
1562 governmental agencies; and.
1563 (e) A record of high-level involvement in production deals
1564 and contacts with industry decisionmakers.
1565 (3)(2) POWERS AND DUTIES.—
1566 (a) In the performance of its duties, the Division Office
1567 of Film and Entertainment, in performance of its duties, shall
1568 develop and periodically:
1569 1. In consultation with the Florida Film and Entertainment
1570 Advisory Council, update a 5-year the strategic plan every 5
1571 years to guide the activities of the division Office of Film and
1572 Entertainment in the areas of entertainment industry
1573 development, marketing, promotion, liaison services, field
1574 office administration, and information. The plan must shall:
1575 a. be annual in construction and ongoing in nature.
1576 1. At a minimum, the plan must address the following:
1577 a.b. Include recommendations relating to The organizational
1578 structure of the division, including any field offices outside
1579 the state office.
1580 b. The coordination of the division with local or regional
1581 offices maintained by counties and regions of the state, local
1582 film commissions, and labor organizations, and the coordination
1583 of such entities with each other to facilitate a working
1584 relationship.
1585 c. Strategies to identify, solicit, and recruit
1586 entertainment production opportunities for the state, including
1587 implementation of programs for rural and urban areas designed to
1588 develop and promote the state’s entertainment industry.
1589 d.c. Include An annual budget projection for the division
1590 office for each year of the plan.
1591 d. Include an operational model for the office to use in
1592 implementing programs for rural and urban areas designed to:
1593 (I) develop and promote the state’s entertainment industry.
1594 (II) Have the office serve as a liaison between the
1595 entertainment industry and other state and local governmental
1596 agencies, local film commissions, and labor organizations.
1597 (III) Gather statistical information related to the state’s
1598 entertainment industry.
1599 e.(IV) Provision of Provide information and service to
1600 businesses, communities, organizations, and individuals engaged
1601 in entertainment industry activities.
1602 (V) Administer field offices outside the state and
1603 coordinate with regional offices maintained by counties and
1604 regions of the state, as described in sub-sub-subparagraph (II),
1605 as necessary.
1606 f.e. Include Performance standards and measurable outcomes
1607 for the programs to be implemented by the division office.
1608 2. The plan shall be annually reviewed and approved by the
1609 board of directors of Enterprise Florida, Inc.
1610 f. Include an assessment of, and make recommendations on,
1611 the feasibility of creating an alternative public-private
1612 partnership for the purpose of contracting with such a
1613 partnership for the administration of the state’s entertainment
1614 industry promotion, development, marketing, and service
1615 programs.
1616 2. Develop, market, and facilitate a working relationship
1617 between state agencies and local governments in cooperation with
1618 local film commission offices for out-of-state and indigenous
1619 entertainment industry production entities.
1620 3. Implement a structured methodology prescribed for
1621 coordinating activities of local offices with each other and the
1622 commissioner’s office.
1623 (b) The division shall also:
1624 1.4. Represent the state’s indigenous entertainment
1625 industry to key decisionmakers within the national and
1626 international entertainment industry, and to state and local
1627 officials.
1628 2.5. Prepare an inventory and analysis of the state’s
1629 entertainment industry, including, but not limited to,
1630 information on crew, related businesses, support services, job
1631 creation, talent, and economic impact and coordinate with local
1632 offices to develop an information tool for common use.
1633 3.6. Identify, solicit, and recruit entertainment
1634 production opportunities for the state.
1635 4.7. Assist rural communities and other small communities
1636 in the state in developing the expertise and capacity necessary
1637 for such communities to develop, market, promote, and provide
1638 services to the state’s entertainment industry.
1639 (c)(b) The division Office of Film and Entertainment, in
1640 the performance of its duties, may:
1641 1. Conduct or contract for specific promotion and marketing
1642 functions, including, but not limited to, production of a
1643 statewide directory, production and maintenance of a an Internet
1644 website, establishment and maintenance of a toll-free telephone
1645 number, organization of trade show participation, and
1646 appropriate cooperative marketing opportunities.
1647 2. Conduct its affairs, carry on its operations, establish
1648 offices, and exercise the powers granted by this act in any
1649 state, territory, district, or possession of the United States.
1650 3. Carry out any program of information, special events, or
1651 publicity designed to attract the entertainment industry to
1652 Florida.
1653 4. Develop relationships and leverage resources with other
1654 public and private organizations or groups in their efforts to
1655 publicize to the entertainment industry in this state, other
1656 states, and other countries the depth of Florida’s entertainment
1657 industry talent, crew, production companies, production
1658 equipment resources, related businesses, and support services,
1659 including the establishment of and expenditure for a program of
1660 cooperative advertising with these public and private
1661 organizations and groups in accordance with the provisions of
1662 chapter 120.
1663 5. Provide and arrange for reasonable and necessary
1664 promotional items and services for such persons as the division
1665 office deems proper in connection with the performance of the
1666 promotional and other duties of the division office.
1667 6. Prepare an annual economic impact analysis on
1668 entertainment industry-related activities in the state.
1669 7. Request or accept any grant, payment, or gift of funds
1670 or property made by this state, the United States, or any
1671 department or agency thereof, or by any individual, firm,
1672 corporation, municipality, county, or organization, for any or
1673 all of the purposes of the division’s Office of Film and
1674 Entertainment’s 5-year strategic plan or those permitted
1675 activities authorized by enumerated in this paragraph. Such
1676 funds shall be deposited in a separate account with Enterprise
1677 Florida, Inc., the Grants and Donations Trust Fund of the
1678 Executive Office of the Governor for use by the division Office
1679 of Film and Entertainment in carrying out its responsibilities
1680 and duties as delineated in law. The division office may expend
1681 such funds in accordance with the terms and conditions of any
1682 such grant, payment, or gift in the pursuit of its
1683 administration or in support of fulfilling its duties and
1684 responsibilities. The division office shall separately account
1685 for the public funds and the private funds deposited into the
1686 account trust fund.
1687 Section 23. Section 288.1252, Florida Statutes, is
1688 renumbered as section 288.914, Florida Statutes, and amended to
1689 read:
1690 288.914 288.1252 Florida Film and Entertainment Advisory
1691 Council; creation; purpose; membership; powers and duties.—
1692 (1) CREATION.—There is created within the department, for
1693 administrative purposes only, the Florida Film and Entertainment
1694 Advisory Council.
1695 (1)(2) CREATION AND PURPOSE.—The Florida Film and
1696 Entertainment Advisory Council is created purpose of the Council
1697 is to serve as an advisory body to the Division of Film and
1698 Entertainment within Enterprise Florida, Inc., and department
1699 and to the Office of Film and Entertainment to provide these
1700 offices with industry insight and expertise related to
1701 developing, marketing, and promoting, and providing service to
1702 the state’s entertainment industry.
1703 (2)(3) MEMBERSHIP.—
1704 (a) The council shall consist of 11 17 members, 5 7 to be
1705 appointed by the Governor, 3 5 to be appointed by the President
1706 of the Senate, and 3 5 to be appointed by the Speaker of the
1707 House of Representatives.
1708 (b) When making appointments to the council, the Governor,
1709 the President of the Senate, and the Speaker of the House of
1710 Representatives shall appoint persons who are residents of the
1711 state and who are highly knowledgeable of, active in, and
1712 recognized as leaders in Florida’s motion picture, television,
1713 video, sound recording, or other entertainment industries. These
1714 persons must shall include, but need not be limited to,
1715 representatives of local film commissions, representatives of
1716 entertainment associations, a representative of the broadcast
1717 industry, representatives of labor organizations in the
1718 entertainment industry, and board chairs, presidents, chief
1719 executive officers, chief operating officers, or persons of
1720 comparable executive position or stature of leading or otherwise
1721 important entertainment industry businesses and offices. Council
1722 members must shall be appointed in such a manner as to equitably
1723 represent the broadest spectrum of the entertainment industry
1724 and geographic areas of the state.
1725 (c) Council members shall serve for 4-year terms. A council
1726 member serving as of July 1, 2016, may serve the remainder of
1727 his or her term, but upon the conclusion of the term or upon
1728 vacancy, the appointment must be made in accordance with this
1729 section.
1730 (d) Subsequent appointments shall be made by the official
1731 who appointed the council member whose expired term is to be
1732 filled.
1733 (e) In addition to the 11 17 appointed members of the
1734 council, 1 representative from each of Enterprise Florida, Inc.,
1735 CareerSource Florida, Inc., and VISIT Florida shall serve as ex
1736 officio, nonvoting members of the council.
1737 (f) Absence from three consecutive meetings shall result in
1738 automatic removal from the council.
1739 (g) A vacancy on the council shall be filled for the
1740 remainder of the unexpired term by the official who appointed
1741 the vacating member.
1742 (h) No more than one member of the council may be an
1743 employee of any one company, organization, or association.
1744 (i) Any member shall be eligible for reappointment but may
1745 not serve more than two consecutive terms.
1746 (3)(4) MEETINGS; ORGANIZATION.—
1747 (a) The council shall meet at least no less frequently than
1748 once each quarter of the calendar year, and but may meet more
1749 often as determined necessary set by the council.
1750 (b) The council shall annually elect from its appointed
1751 membership one member to serve as chair of the council and one
1752 member to serve as vice chair. The Division Office of Film and
1753 Entertainment shall provide staff assistance to the council,
1754 which must shall include, but need not be limited to, keeping
1755 records of the proceedings of the council, and serving as
1756 custodian of all books, documents, and papers filed with the
1757 council.
1758 (c) A majority of the members of the council constitutes
1759 shall constitute a quorum.
1760 (d) Members of the council shall serve without
1761 compensation, but are shall be entitled to reimbursement for per
1762 diem and travel expenses in accordance with s. 112.061 while in
1763 performance of their duties.
1764 (4)(5) POWERS AND DUTIES.—The Florida Film and
1765 Entertainment Advisory Council has shall have all the power
1766 powers necessary or convenient to carry out and effectuate the
1767 purposes and provisions of this act, including, but not limited
1768 to, the power to:
1769 (a) Adopt bylaws for the governance of its affairs and the
1770 conduct of its business.
1771 (b) Advise the Division and consult with the Office of Film
1772 and Entertainment on the content, development, and
1773 implementation of the division’s 5-year strategic plan to guide
1774 the activities of the office.
1775 (c) Review the Commissioner of Film and Entertainment’s
1776 administration of the programs related to the strategic plan,
1777 and Advise the Division of Film and Entertainment commissioner
1778 on the division’s programs and any changes that might be made to
1779 better meet the strategic plan.
1780 (d) Consider and study the needs of the entertainment
1781 industry for the purpose of advising the Division of Film and
1782 Entertainment film commissioner and the department.
1783 (e) Identify and make recommendations on state agency and
1784 local government actions that may have an impact on the
1785 entertainment industry or that may appear to industry
1786 representatives as an official state or local actions action
1787 affecting production in the state, and advise the Division of
1788 Film and Entertainment of such actions.
1789 (f) Consider all matters submitted to it by the Division of
1790 Film and Entertainment film commissioner and the department.
1791 (g) Advise and consult with the film commissioner and the
1792 department, at their request or upon its own initiative,
1793 regarding the promulgation, administration, and enforcement of
1794 all laws and rules relating to the entertainment industry.
1795 (g)(h) Suggest policies and practices for the conduct of
1796 business by the Office of Film and Entertainment or by the
1797 department that will improve interaction with internal
1798 operations affecting the entertainment industry and will enhance
1799 related state the economic development initiatives of the state
1800 for the industry.
1801 (i) Appear on its own behalf before boards, commissions,
1802 departments, or other agencies of municipal, county, or state
1803 government, or the Federal Government.
1804 Section 24. Section 288.1253, Florida Statutes, is
1805 renumbered as section 288.915, Florida Statutes, and amended to
1806 read:
1807 288.915 288.1253 Travel and entertainment expenses.—
1808 (1) As used in this section, the term “travel expenses”
1809 means the actual, necessary, and reasonable costs of
1810 transportation, meals, lodging, and incidental expenses normally
1811 incurred by an employee of the Division Office of Film and
1812 Entertainment within Enterprise Florida, Inc., as which costs
1813 are defined and prescribed by rules adopted by the department
1814 rule, subject to approval by the Chief Financial Officer.
1815 (2) Notwithstanding the provisions of s. 112.061, the
1816 department shall adopt rules by which the Division of Film and
1817 Entertainment it may make expenditures by reimbursement to: the
1818 Governor, the Lieutenant Governor, security staff of the
1819 Governor or Lieutenant Governor, the Commissioner of Film and
1820 Entertainment, or staff of the Division Office of Film and
1821 Entertainment for travel expenses or entertainment expenses
1822 incurred by such individuals solely and exclusively in
1823 connection with the performance of the statutory duties of the
1824 division Office of Film and Entertainment. The rules are subject
1825 to approval by the Chief Financial Officer before adoption. The
1826 rules shall require the submission of paid receipts, or other
1827 proof of expenditure prescribed by the Chief Financial Officer,
1828 with any claim for reimbursement.
1829 (3) The Division Office of Film and Entertainment shall
1830 include in the annual report for the entertainment industry
1831 financial incentive program required under s. 288.1256(10) s.
1832 288.1254(10) a report of the division’s office’s expenditures
1833 for the previous fiscal year. The report must consist of a
1834 summary of all travel, entertainment, and incidental expenses
1835 incurred within the United States and all travel, entertainment,
1836 and incidental expenses incurred outside the United States, as
1837 well as a summary of all successful projects that developed from
1838 such travel.
1839 (4) The Division Office of Film and Entertainment and its
1840 employees and representatives, when authorized, may accept and
1841 use complimentary travel, accommodations, meeting space, meals,
1842 equipment, transportation, and any other goods or services
1843 necessary for or beneficial to the performance of the division’s
1844 office’s duties and purposes, so long as such acceptance or use
1845 is not in conflict with part III of chapter 112. The department
1846 shall, by rule, develop internal controls to ensure that such
1847 goods or services accepted or used pursuant to this subsection
1848 are limited to those that will assist solely and exclusively in
1849 the furtherance of the division’s office’s goals and are in
1850 compliance with part III of chapter 112. Notwithstanding this
1851 subsection, the division and its employees and representatives
1852 may not accept any complimentary travel, accommodations, meeting
1853 space, meals, equipment, transportation, or other goods or
1854 services from an entity or a party, including an employee, a
1855 designee, or a representative of such entity or party, which has
1856 received, has applied to receive, or anticipates that it will
1857 receive through an application, funds under s. 288.1256. If the
1858 division or its employee or representative accepts such goods or
1859 services, the division or its employee or representative is
1860 subject to the penalties provided in s. 112.317.
1861 (5) A Any claim submitted under this section is not
1862 required to be sworn to before a notary public or other officer
1863 authorized to administer oaths, but a any claim authorized or
1864 required to be made under any provision of this section shall
1865 contain a statement that the expenses were actually incurred as
1866 necessary travel or entertainment expenses in the performance of
1867 official duties of the Division Office of Film and Entertainment
1868 and shall be verified by written declaration that it is true and
1869 correct as to every material matter. A Any person who willfully
1870 makes and subscribes to a any claim that which he or she does
1871 not believe to be true and correct as to every material matter
1872 or who willfully aids or assists in, procures, or counsels or
1873 advises with respect to, the preparation or presentation of a
1874 claim pursuant to this section which that is fraudulent or false
1875 as to any material matter, whether such falsity or fraud is with
1876 the knowledge or consent of the person authorized or required to
1877 present the claim, commits a misdemeanor of the second degree,
1878 punishable as provided in s. 775.082 or s. 775.083. Whoever
1879 receives a reimbursement by means of a false claim is civilly
1880 liable, in the amount of the overpayment, for the reimbursement
1881 of the public fund from which the claim was paid.
1882 Section 25. Paragraph (a) of subsection (5), paragraph (c)
1883 of subsection (9), and subsections (10) and (11) of section
1884 288.1254, Florida Statutes, are amended to read:
1885 288.1254 Entertainment industry financial incentive
1886 program.—
1887 (5) TRANSFER OF TAX CREDITS.—
1888 (a) Authorization.—Upon application to the Office of Film
1889 and Entertainment and approval by the department, a certified
1890 production company, or a partner or member that has received a
1891 distribution under paragraph (4)(g), may elect to transfer, in
1892 whole or in part, any unused credit amount granted under this
1893 section. An election to transfer any unused tax credit amount
1894 under chapter 212 or chapter 220 must be made no later than 5
1895 years after the date the credit is awarded, after which period
1896 the credit expires and may not be used. The department shall
1897 notify the Department of Revenue of the election and transfer.
1898 (9) AUDIT AUTHORITY; REVOCATION AND FORFEITURE OF TAX
1899 CREDITS; FRAUDULENT CLAIMS.—
1900 (c) Forfeiture of tax credits.—A determination by the
1901 Department of Revenue, as a result of an audit pursuant to
1902 paragraph (a) or from information received from the department
1903 Office of Film and Entertainment, that an applicant received tax
1904 credits pursuant to this section to which the applicant was not
1905 entitled is grounds for forfeiture of previously claimed and
1906 received tax credits. The applicant is responsible for returning
1907 forfeited tax credits to the Department of Revenue, and such
1908 funds shall be paid into the General Revenue Fund of the state.
1909 Tax credits purchased in good faith are not subject to
1910 forfeiture unless the transferee submitted fraudulent
1911 information in the purchase or failed to meet the requirements
1912 in subsection (5).
1913 (10) ANNUAL REPORT.—Each November 1, the department Office
1914 of Film and Entertainment shall submit an annual report for the
1915 previous fiscal year to the Governor, the President of the
1916 Senate, and the Speaker of the House of Representatives which
1917 outlines the incentive program’s return on investment and
1918 economic benefits to the state. The report must also include an
1919 estimate of the full-time equivalent positions created by each
1920 production that received tax credits under this section and
1921 information relating to the distribution of productions
1922 receiving credits by geographic region and type of production.
1923 The report must also include the expenditures report required
1924 under s. 288.915(3) s. 288.1253(3) and the information
1925 describing the relationship between tax exemptions and
1926 incentives to industry growth required under s. 288.1258(5).
1927 (11) REPEAL.—This section is repealed April 1, 2016 July 1,
1928 2016, except that:
1929 (a) Tax credits certified under paragraph (3)(d) before
1930 April 1, 2016 July 1, 2016, may not be awarded under paragraph
1931 (3)(f) on or after April 1, 2016, and the Department of Revenue
1932 shall deny any credit claimed on a tax return when that credit
1933 was awarded under paragraph (3)(f) on or after April 1, 2016
1934 July 1, 2016, if the other requirements of this section are met.
1935 (b) Tax credits carried forward under paragraph (4)(e)
1936 remain valid for the period specified.
1937 (c) Subsections (5), (8), and (9) shall remain in effect
1938 until July 1, 2021.
1939 Section 26. Section 288.1256, Florida Statutes, is created
1940 to read:
1941 288.1256 Entertainment Action Fund.—
1942 (1) The Entertainment Action Fund is created within the
1943 department in order to respond to extraordinary opportunities
1944 and to compete effectively with other states to attract and
1945 retain production companies and to provide favorable conditions
1946 for the growth of the entertainment industry in this state.
1947 (2) As used in this section, the term:
1948 (a) “Division” means the Division of Film and Entertainment
1949 within Enterprise Florida, Inc.
1950 (b) “Principal photography” means the filming of major or
1951 significant components of a project which involve lead actors.
1952 (c) “Production” means a theatrical, direct-to-video, or
1953 direct-to-Internet motion picture; a made-for-television motion
1954 picture; visual effects or digital animation sequences produced
1955 in conjunction with a motion picture; a commercial; a music
1956 video; an industrial or educational film; an infomercial; a
1957 documentary film; a television pilot program; a presentation for
1958 a television pilot program; a television series, including, but
1959 not limited to, a drama, a reality show, a comedy, a soap opera,
1960 a telenovela, a game show, an awards show, or a miniseries
1961 production; a direct-to-Internet television series; or a digital
1962 media project by the entertainment industry. One season of a
1963 television series is considered one production. The term does
1964 not include a weather or market program; a sporting event or a
1965 sporting event broadcast; a gala; a production that solicits
1966 funds; a home shopping program; a political program; a political
1967 documentary; political advertising; a gambling-related project
1968 or production; a concert production; a local, a regional, or an
1969 Internet-distributed-only news show or current-events show; a
1970 sports news or a sports recap show; a pornographic production;
1971 or any production deemed obscene under chapter 847. A production
1972 may be produced on or by film, tape, or otherwise by means of a
1973 motion picture camera; an electronic camera or device; a tape
1974 device; a computer; any combination of the foregoing; or any
1975 other means, method, or device.
1976 (d) “Production company” means a corporation, limited
1977 liability company, partnership, or other legal entity engaged in
1978 one or more productions in this state.
1979 (e) “Production expenditures” means the costs of tangible
1980 and intangible property used for, and services performed
1981 primarily and customarily in, production, including
1982 preproduction and postproduction, but excluding costs for
1983 development, marketing, and distribution. The term includes, but
1984 is not limited to:
1985 1. Wages, salaries, or other compensation paid to legal
1986 residents of this state, including amounts paid through payroll
1987 service companies, for technical and production crews,
1988 directors, producers, and performers.
1989 2. Net expenditures for sound stages, backlots, production
1990 editing, digital effects, sound recordings, sets, and set
1991 construction. As used in this paragraph, the term “net
1992 expenditures” means the actual amount of money a project spent
1993 for equipment or other tangible personal property, after
1994 subtracting any consideration received for reselling or
1995 transferring the item after the production ends, if applicable.
1996 3. Net expenditures for rental equipment, including, but
1997 not limited to, cameras and grip or electrical equipment.
1998 4. Up to $300,000 of the costs of newly purchased computer
1999 software and hardware unique to the project, including servers,
2000 data processing, and visualization technologies, which are
2001 located in and used exclusively in this state for the production
2002 of digital media.
2003 5. Expenditures for meals, travel, and accommodations.
2004 (f) “Project” means a production in this state meeting the
2005 requirements of this section. The term does not include a
2006 production:
2007 1. In which less than 70 percent of the positions that make
2008 up its production cast and below-the-line production crew are
2009 filled by legal residents of this state, whose residency is
2010 demonstrated by a valid Florida driver license or other state
2011 issued identification confirming residency, or students enrolled
2012 full-time in an entertainment-related course of study at an
2013 institution of higher education in this state; or
2014 2. That contains obscene content as defined in s.
2015 847.001(10).
2016 (g) “Qualified expenditures” means production expenditures
2017 incurred in this state by a production company for:
2018 1. Goods purchased or leased from, or services, including,
2019 but not limited to, insurance costs and bonding, payroll
2020 services, and legal fees, which are provided by a vendor or
2021 supplier in this state which is registered with the Department
2022 of State or the Department of Revenue, has a physical location
2023 in this state, and employs one or more legal residents of this
2024 state. This does not include rebilled goods or services provided
2025 by an in-state company from out-of-state vendors or suppliers.
2026 If services provided by the vendor or supplier include personal
2027 services or labor, only personal services or labor provided by
2028 residents of this state, evidenced by the required documentation
2029 of residency in this state, qualify.
2030 2. Payments to legal residents of this state in the form of
2031 salary, wages, or other compensation up to a maximum of $400,000
2032 per resident. A completed declaration of residency in this state
2033 must accompany the documentation submitted to the department for
2034 reimbursement.
2035
2036 For a project involving an event, such as an awards show, the
2037 term does not include expenditures solely associated with the
2038 event itself and not directly required by the production. The
2039 term does not include expenditures incurred before the agreement
2040 is signed. The production company may not include in the
2041 calculation for qualified expenditures the original purchase
2042 price for equipment or other tangible property that is later
2043 sold or transferred by the production company for consideration.
2044 In such cases, the qualified expenditure is the net of the
2045 original purchase price minus the consideration received upon
2046 sale or transfer.
2047 (h) “Underutilized county” means a county in which less
2048 than $500,000 in qualified expenditures were made in the last 2
2049 fiscal years.
2050 (3) A production company may apply for funds from the
2051 Entertainment Action Fund for a production or successive seasons
2052 of a production. The division shall review and evaluate
2053 applications to determine the eligibility of each project
2054 consistent with the requirements of this section. The division
2055 shall leverage funds to select projects that maximize the return
2056 to the state. The division must accept applications for at least
2057 3 months, and shall provide public notice of the application
2058 period. The division may allow multiple, nonoverlapping
2059 application periods in a fiscal year subject to the availability
2060 of funds. The division shall review and evaluate applications
2061 timely received during the application period to identify any
2062 competitive projects to recommend for approval as provided in
2063 this section. The division may determine that no applications
2064 were submitted which meet the requirements of this section and
2065 maximize the return to the state.
2066 (4) The division, in its review and evaluation of
2067 applications, must consider the following criteria, which are
2068 listed in order of priority, with the highest priority given to
2069 paragraph (a):
2070 (a) The number of state residents who will be employed in
2071 full-time equivalent and part-time positions related to the
2072 project, the duration of such employment, and the average wages
2073 paid to such residents. Preference shall be given to a project
2074 that expects to pay higher than the statewide average wage.
2075 (b) The amount of qualified and nonqualified expenditures
2076 that will be made in this state.
2077 (c) Planned or executed contracts with production
2078 facilities or soundstages in this state and the percentage of
2079 principal photography or production activity that will occur at
2080 each location.
2081 (d) Planned preproduction and postproduction to occur in
2082 this state.
2083 (e) The amount of capital investment, especially fixed
2084 capital investment, to be made directly by the production
2085 company in this state related to the project and the amount of
2086 any other capital investment to be made in this state related to
2087 the project.
2088 (f) The duration of the project in this state.
2089 (g) The amount and duration of principal photography or
2090 production activity that will occur in an underutilized county.
2091 (h) The extent to which the production company will promote
2092 Florida, including the production of marketing materials
2093 promoting this state as a tourist destination or a film and
2094 entertainment production destination; placement of state agency
2095 logos in the production and credits; authorized use of
2096 production assets, characters, and themes by this state;
2097 promotional videos for this state included on optical disc
2098 formats; and other marketing integration.
2099 (i) The employment of students enrolled full-time in an
2100 entertainment-related course of study at an institution of
2101 higher education in this state or of graduates from such an
2102 institution within 12 months after graduation.
2103 (j) Plans to work with entertainment industry-related
2104 courses of study at an institution of higher education in this
2105 state.
2106 (k) Local support and any local financial commitment for
2107 the project.
2108 (l) The project is about this state or shows this state in
2109 a positive light.
2110 (m) A review of the production company’s past activities in
2111 this state or other states.
2112 (n) The length of time the production company has made
2113 productions in this state, the number of productions the
2114 production company has made in this state, and the production
2115 company’s overall commitment to this state. This includes a
2116 production company that is based in this state.
2117 (o) Expected contributions to this state’s economy,
2118 consistent with the state strategic economic development plan
2119 prepared by the department.
2120 (p) The expected effect of the award on the viability of
2121 the project and the probability that the project would be
2122 undertaken in this state if funds are granted to the production
2123 company.
2124 (5) A production company must have financing in place for a
2125 project before it applies for funds under this section.
2126 (6) The department shall prescribe a form upon which an
2127 application must be made to the division. At a minimum, the
2128 application must include:
2129 (a) The applicant’s federal employer identification number,
2130 reemployment assistance account number, and state sales tax
2131 registration number, as applicable. If such numbers are not
2132 available at the time of application, they must be submitted to
2133 the department in writing before the disbursement of any
2134 payments.
2135 (b) The signature of the applicant.
2136 (c) A detailed budget of planned qualified and nonqualified
2137 expenditures in this state.
2138 (d) The type and amount of capital investment that will be
2139 made in this state.
2140 (e) The locations in this state where the project will
2141 occur.
2142 (f) The anticipated commencement date and duration of the
2143 project.
2144 (g) The proposed number of state residents and nonstate
2145 residents who will be employed in full-time equivalent and part
2146 time positions related to the project and wages paid to such
2147 persons.
2148 (h) The total number of full-time equivalent employees
2149 employed by the production company in this state, if applicable.
2150 (i) Proof of financing for the project.
2151 (j) The amount of promotion of Florida which the production
2152 company will provide for the state.
2153 (k) An attestation verifying that the information provided
2154 on the application is true and accurate.
2155 (l) Any additional information requested by the department
2156 or division.
2157 (7) The division and department must make a recommendation
2158 to the Governor to approve or deny an award within 7 days after
2159 completion of the review and evaluation. An award of funds may
2160 constitute up to 30 percent of qualified expenditures in this
2161 state and may not fund wages paid to nonresidents. The division
2162 may recommend an award of funds that is less than 30 percent of
2163 qualified expenditures in this state. A production must start
2164 within 1 year after the date the project is approved by the
2165 Governor. The recommendation must include the performance
2166 conditions that the project must meet to obtain funds.
2167 (a) The Governor may approve projects without consulting
2168 the Legislature for projects requiring less than $2 million in
2169 funding.
2170 (b) For projects requiring funding of at least $2 million
2171 but not more than $5 million, the Governor must provide a
2172 written description and evaluation of a project recommended for
2173 approval to the chair and vice chair of the Legislative Budget
2174 Commission at least 10 days before giving final approval for the
2175 project. The recommendation must include the performance
2176 conditions that the project must meet in order to obtain funds.
2177 (c) If the chair or vice chair of the Legislative Budget
2178 Commission, the President of the Senate, or the Speaker of the
2179 House of Representatives timely advises the Executive Office of
2180 the Governor, in writing, that an action or a proposed action
2181 exceeds the delegated authority of the Executive Office of the
2182 Governor or is contrary to legislative policy or intent, the
2183 Executive Office of the Governor shall void the release of funds
2184 and instruct the department to immediately change such action or
2185 proposed action until the Legislative Budget Commission or the
2186 Legislature addresses the issue.
2187 (d) A project requiring more than $5 million in funding
2188 must be approved by the Legislative Budget Commission before the
2189 funds are released.
2190 (8) Upon the approval of the Governor, the department and
2191 the production company shall enter into an agreement that
2192 specifies, at a minimum:
2193 (a) The total amount of funds awarded and the schedule of
2194 payment.
2195 (b) The performance conditions the production company must
2196 meet to obtain payment of moneys from the fund. Performance
2197 conditions must include the criteria considered in the review
2198 and evaluation of the application. Performance conditions must
2199 relate to activity that occurs in this state.
2200 (c) The methodology for validating performance and the date
2201 by which the production company must submit proof of performance
2202 to the department.
2203 (d) That the department may review and verify any records
2204 of the production company to ascertain whether that company is
2205 in compliance with this section and the agreement.
2206 (e) Sanctions for failure to meet performance conditions.
2207 (f) That payment of moneys from the fund is contingent upon
2208 sufficient appropriation of funds by the Legislature.
2209 (9) The agreement must be finalized and signed by an
2210 authorized officer of the production company within 90 days
2211 after the Governor’s approval. A production company that
2212 receives funds under this section may not receive benefits under
2213 s. 288.1258 for the same production.
2214 (10) The department shall validate contractor performance
2215 and report such validation in an annual report. Each November 1,
2216 the department and the division shall submit an annual report
2217 for the previous fiscal year to the Governor, the President of
2218 the Senate, and the Speaker of the House of Representatives
2219 which outlines the program’s return on investment and economic
2220 benefits to the state. The report must also include an estimate
2221 of the full-time equivalent positions created by each production
2222 that received a grant under this section and information
2223 relating to the distribution of productions receiving credits by
2224 geographic region and type of production. In addition, the
2225 report must include the expenditures report required under s.
2226 288.915, the information describing the relationship between tax
2227 exemptions and incentives to industry growth required under s.
2228 288.1258(5), and program performance information required under
2229 this section.
2230 (11) The department may not approve awards in excess of the
2231 amount appropriated for a fiscal year. The department must
2232 maintain a schedule of funds to be paid from the appropriation
2233 for the fiscal year that begins on July 1. For the first 6
2234 months of each fiscal year, the department shall set aside 50
2235 percent of the amount appropriated for the fund by the
2236 Legislature. At the end of the 6-month period, these funds are
2237 available to provide funding under this section for applications
2238 submitted on or after January 1. The department or division may
2239 not accept any applications or conditionally commit funds or
2240 grant priority to a production company if funds are not
2241 available in the current period.
2242 (12) A production company that submits fraudulent
2243 information under this section is liable for reimbursement of
2244 the reasonable costs and fees associated with the review,
2245 processing, investigation, and prosecution of the fraudulent
2246 claim. A production company that receives a payment under this
2247 section through a claim that is fraudulent is liable for
2248 reimbursement of the payment amount, plus a penalty in an amount
2249 double the payment amount. The penalty is in addition to any
2250 criminal penalty for which the production company is liable for
2251 the same acts. The production company is also liable for costs
2252 and fees incurred by the state in investigating and prosecuting
2253 the fraudulent claim.
2254 (13) The department or division may not waive any provision
2255 or provide an extension of time to meet any requirement of this
2256 section.
2257 (14) This section expires on July 1, 2026. An agreement in
2258 existence on that date shall continue in effect in accordance
2259 with its terms.
2260 Section 27. Section 288.1258, Florida Statutes, is amended
2261 to read:
2262 288.1258 Entertainment industry qualified production
2263 companies; application procedure; categories; duties of the
2264 Department of Revenue; records and reports.—
2265 (1) PRODUCTION COMPANIES AUTHORIZED TO APPLY.—
2266 (a) Any production company engaged in this state in the
2267 production of motion pictures, made-for-TV motion pictures,
2268 television series, commercial advertising, music videos, or
2269 sound recordings may submit an application for exemptions under
2270 ss. 212.031, 212.06, and 212.08 to the Department of Revenue to
2271 be approved by the Department of Economic Opportunity Office of
2272 Film and Entertainment as a qualified production company for the
2273 purpose of receiving a sales and use tax certificate of
2274 exemption from the Department of Revenue to exempt purchases on
2275 or after the date that the completed application is filed with
2276 the Department of Revenue.
2277 (b) As used in For the purposes of this section, the term
2278 “qualified production company” means any production company that
2279 has submitted a properly completed application to the Department
2280 of Revenue and that is subsequently qualified by the Department
2281 of Economic Opportunity Office of Film and Entertainment.
2282 (2) APPLICATION PROCEDURE.—
2283 (a) The Department of Revenue shall will review all
2284 submitted applications for the required information. Within 10
2285 working days after the receipt of a properly completed
2286 application, the Department of Revenue shall will forward the
2287 completed application to the Department of Economic Opportunity
2288 Office of Film and Entertainment for approval.
2289 (b)1. The Department of Economic Opportunity Office of Film
2290 and Entertainment shall establish a process by which an
2291 entertainment industry production company may be approved by the
2292 department office as a qualified production company and may
2293 receive a certificate of exemption from the Department of
2294 Revenue for the sales and use tax exemptions under ss. 212.031,
2295 212.06, and 212.08. A production company that receives a sales
2296 tax exemption certificate under this section for a production
2297 may not receive benefits under s. 288.1256 for the same
2298 production.
2299 2. Upon determination by the department Office of Film and
2300 Entertainment that a production company meets the established
2301 approval criteria and qualifies for exemption, the department
2302 Office of Film and Entertainment shall return the approved
2303 application or application renewal or extension to the
2304 Department of Revenue, which shall issue a certificate of
2305 exemption.
2306 3. The department Office of Film and Entertainment shall
2307 deny an application or application for renewal or extension from
2308 a production company if it determines that the production
2309 company does not meet the established approval criteria.
2310 (c) The department Office of Film and Entertainment shall
2311 develop, with the cooperation of the Department of Revenue, the
2312 Division of Film and Entertainment within Enterprise Florida,
2313 Inc., and local government entertainment industry promotion
2314 agencies, a standardized application form for use in approving
2315 qualified production companies.
2316 1. The application form shall include, but not be limited
2317 to, production-related information on employment, proposed
2318 budgets, planned purchases of items exempted from sales and use
2319 taxes under ss. 212.031, 212.06, and 212.08, a signed
2320 affirmation from the applicant that any items purchased for
2321 which the applicant is seeking a tax exemption are intended for
2322 use exclusively as an integral part of entertainment industry
2323 preproduction, production, or postproduction activities engaged
2324 in primarily in this state, and a signed affirmation from the
2325 department Office of Film and Entertainment that the information
2326 on the application form has been verified and is correct. In
2327 lieu of information on projected employment, proposed budgets,
2328 or planned purchases of exempted items, a production company
2329 seeking a 1-year certificate of exemption may submit summary
2330 historical data on employment, production budgets, and purchases
2331 of exempted items related to production activities in this
2332 state. Any information gathered from production companies for
2333 the purposes of this section shall be considered confidential
2334 taxpayer information and shall be disclosed only as provided in
2335 s. 213.053.
2336 2. The application form may be distributed to applicants by
2337 the department, the Division Office of Film and Entertainment,
2338 or local film commissions.
2339 (d) All applications, renewals, and extensions for
2340 designation as a qualified production company shall be processed
2341 by the department Office of Film and Entertainment.
2342 (e) If In the event that the Department of Revenue
2343 determines that a production company no longer qualifies for a
2344 certificate of exemption, or has used a certificate of exemption
2345 for purposes other than those authorized by this section and
2346 chapter 212, the Department of Revenue shall revoke the
2347 certificate of exemption of that production company, and any
2348 sales or use taxes exempted on items purchased or leased by the
2349 production company during the time such company did not qualify
2350 for a certificate of exemption or improperly used a certificate
2351 of exemption shall become immediately due to the Department of
2352 Revenue, along with interest and penalty as provided by s.
2353 212.12. In addition to the other penalties imposed by law, any
2354 person who knowingly and willfully falsifies an application, or
2355 uses a certificate of exemption for purposes other than those
2356 authorized by this section and chapter 212, commits a felony of
2357 the third degree, punishable as provided in ss. 775.082,
2358 775.083, and 775.084.
2359 (3) CATEGORIES.—
2360 (a)1. A production company may be qualified for designation
2361 as a qualified production company for a period of 1 year if the
2362 company has operated a business in Florida at a permanent
2363 address for a period of 12 consecutive months. Such a qualified
2364 production company shall receive a single 1-year certificate of
2365 exemption from the Department of Revenue for the sales and use
2366 tax exemptions under ss. 212.031, 212.06, and 212.08, which
2367 certificate shall expire 1 year after issuance or upon the
2368 cessation of business operations in the state, at which time the
2369 certificate shall be surrendered to the Department of Revenue.
2370 2. The Office of Film and Entertainment shall develop a
2371 method by which A qualified production company may submit a new
2372 application for annually renew a 1-year certificate of exemption
2373 upon the expiration of that company’s certificate of exemption;
2374 however, upon approval of the department, such qualified
2375 production company may annually renew the 1-year certificate of
2376 exemption for a period of up to 5 years without submitting
2377 requiring the production company to resubmit a new application
2378 during that 5-year period.
2379 3. Each year, or upon surrender of the certificate of
2380 exemption to the Department of Revenue, the Any qualified
2381 production company shall may submit to the department aggregate
2382 data for production-related information on employment,
2383 expenditures in this state, capital investment, and purchases of
2384 items exempted from sales and use taxes under ss. 212.031,
2385 212.06, and 212.08 for inclusion in the annual report required
2386 under subsection (5) a new application for a 1-year certificate
2387 of exemption upon the expiration of that company’s certificate
2388 of exemption.
2389 (b)1. A production company may be qualified for designation
2390 as a qualified production company for a period of 90 days. Such
2391 production company shall receive a single 90-day certificate of
2392 exemption from the Department of Revenue for the sales and use
2393 tax exemptions under ss. 212.031, 212.06, and 212.08, which
2394 certificate shall expire 90 days after issuance or upon the
2395 cessation of business operations in the state, at which time,
2396 with extensions contingent upon approval of the Office of Film
2397 and Entertainment. the certificate shall be surrendered to the
2398 Department of Revenue upon its expiration.
2399 2. A qualified production company may submit a new
2400 application for a 90-day certificate of exemption each quarter
2401 upon the expiration of that company’s certificate of exemption;
2402 however, upon approval of the department, such qualified
2403 production company may renew the 90-day certificate of exemption
2404 for a period of up to 1 year without submitting a new
2405 application during that 1-year period.
2406 3.2. Each 90 days, or upon surrender of the certificate of
2407 exemption to the Department of Revenue, the qualified Any
2408 production company shall may submit to the department aggregate
2409 data for production-related information on employment,
2410 expenditures in this state, capital investment, and purchases of
2411 items exempted from sales and use taxes under ss. 212.031,
2412 212.06, and 212.08 for inclusion in the annual report required
2413 under subsection (5) a new application for a 90-day certificate
2414 of exemption upon the expiration of that company’s certificate
2415 of exemption.
2416 (4) DUTIES OF THE DEPARTMENT OF REVENUE.—
2417 (a) The Department of Revenue shall review the initial
2418 application and notify the applicant of any omissions and
2419 request additional information if needed. An application shall
2420 be complete upon receipt of all requested information. The
2421 Department of Revenue shall forward all complete applications to
2422 the department Office of Film and Entertainment within 10
2423 working days.
2424 (b) The Department of Revenue shall issue a numbered
2425 certificate of exemption to a qualified production company
2426 within 5 working days of the receipt of an approved application,
2427 application renewal, or application extension from the
2428 department Office of Film and Entertainment.
2429 (c) The Department of Revenue may adopt promulgate such
2430 rules and shall prescribe and publish such forms as may be
2431 necessary to effectuate the purposes of this section or any of
2432 the sales tax exemptions which are reasonably related to the
2433 provisions of this section.
2434 (d) The Department of Revenue is authorized to establish
2435 audit procedures in accordance with the provisions of ss.
2436 212.12, 212.13, and 213.34 which relate to the sales tax
2437 exemption provisions of this section.
2438 (5) RELATIONSHIP OF TAX EXEMPTIONS AND INCENTIVES TO
2439 INDUSTRY GROWTH; REPORT TO THE LEGISLATURE.—The department
2440 Office of Film and Entertainment shall keep annual records from
2441 the information provided on taxpayer applications for tax
2442 exemption certificates and regularly reported as required in
2443 this section beginning January 1, 2001. These records also must
2444 reflect a ratio of the annual amount of sales and use tax
2445 exemptions under this section, plus the funds granted incentives
2446 awarded pursuant to s. 288.1256 s. 288.1254 to the estimated
2447 amount of funds expended by certified productions. In addition,
2448 the department office shall maintain data showing annual growth
2449 in Florida-based entertainment industry companies and
2450 entertainment industry employment and wages. The employment
2451 information must include an estimate of the full-time equivalent
2452 positions created by each production that received funds tax
2453 credits pursuant to s. 288.1256 s. 288.1254. The department
2454 Office of Film and Entertainment shall include this information
2455 in the annual report for the entertainment industry financial
2456 incentive program required under s. 288.1256(10) s.
2457 288.1254(10).
2458 Section 28. Paragraph (b) of subsection (5) of section
2459 288.901, Florida Statutes, is amended to read:
2460 288.901 Enterprise Florida, Inc.—
2461 (5) APPOINTED MEMBERS OF THE BOARD OF DIRECTORS.—
2462 (b) In making their appointments, the Governor, the
2463 President of the Senate, and the Speaker of the House of
2464 Representatives shall ensure that the composition of the board
2465 of directors reflects the diversity of Florida’s business
2466 community and is representative of the economic development
2467 goals in subsection (2). The board must include at least one
2468 director for each of the following areas of expertise:
2469 international business, tourism marketing, the space or
2470 aerospace industry, managing or financing a minority-owned
2471 business, manufacturing, and finance and accounting, and sports
2472 marketing.
2473 Section 29. Subsection (1) of section 288.9015, Florida
2474 Statutes, is amended to read:
2475 288.9015 Powers of Enterprise Florida, Inc.; board of
2476 directors.—
2477 (1) Enterprise Florida, Inc., shall integrate its efforts
2478 in business recruitment and expansion, job creation, marketing
2479 the state for tourism and sports, and promoting economic
2480 opportunities for minority-owned businesses and promoting
2481 economic opportunities for rural and distressed urban
2482 communities with those of the department, to create an
2483 aggressive, agile, and collaborative effort to reinvigorate the
2484 state’s economy.
2485 Section 30. Paragraph (c) of subsection (1), paragraph (d)
2486 of subsection (2), and subsection (3) of section 288.907,
2487 Florida Statutes, are amended to read:
2488 288.907 Annual incentives report.—By December 30 of each
2489 year, Enterprise Florida, Inc., in conjunction with the
2490 department, shall provide the Governor, the President of the
2491 Senate, and the Speaker of the House of Representatives a
2492 detailed incentives report quantifying the economic benefits for
2493 all of the economic development incentive programs marketed by
2494 Enterprise Florida, Inc. The annual incentives report must
2495 include:
2496 (1) For each incentive program:
2497 (c) The actual amount of private capital invested, the
2498 actual number of jobs created, the actual number of jobs created
2499 which provide health benefits for the employee, the actual
2500 number of jobs retained, the actual number of jobs retained
2501 which provide health benefits for the employee, and actual wages
2502 paid for incentive agreements completed during the previous 3
2503 years for each target industry sector.
2504 (2) For projects completed during the previous state fiscal
2505 year:
2506 (d) The projects for which a tax refund, tax credit, or
2507 cash grant agreement was executed, identifying for each project:
2508 1. The number of jobs committed to be created and the
2509 number of those jobs that will provide health benefits for the
2510 employee.
2511 2. The number of jobs committed to be retained and the
2512 number of those jobs that will provide health benefits for the
2513 employee.
2514 3.2. The amount of capital investments committed to be
2515 made.
2516 4.3. The annual average wage committed to be paid.
2517 5.4. The amount of state economic development incentives
2518 committed to the project from each incentive program under the
2519 project’s terms of agreement with the Department of Economic
2520 Opportunity.
2521 6.5. The amount and type of local matching funds committed
2522 to the project.
2523 (3) For economic development projects that received tax
2524 refunds, tax credits, or cash grants under the terms of an
2525 agreement for incentives:
2526 (a) The number of jobs actually created and the number of
2527 those jobs that provided health benefits for the employee.
2528 (b) The number of jobs actually retained and the number of
2529 those jobs that provided health benefits for the employee.
2530 (c)(b) The amount of capital investments actually made.
2531 (d)(c) The annual average wage paid.
2532 Section 31. Subsection (1) of section 288.92, Florida
2533 Statutes, is amended to read:
2534 288.92 Divisions of Enterprise Florida, Inc.—
2535 (1) Enterprise Florida, Inc., may create and dissolve
2536 divisions as necessary to carry out its mission. Each division
2537 shall have distinct responsibilities and complementary missions.
2538 At a minimum, Enterprise Florida, Inc., shall have divisions
2539 related to the following areas:
2540 (a) International Trade and Business Development;
2541 (b) Business Retention and Recruitment;
2542 (c) Tourism Marketing;
2543 (d) Minority Business Development; and
2544 (e) Film and Entertainment Sports Industry Development.
2545 Section 32. Paragraph (c) of subsection (3) and subsection
2546 (4) of section 288.980, Florida Statutes, are amended to read:
2547 288.980 Military base retention; legislative intent; grants
2548 program.—
2549 (3)
2550 (c) The department shall require that an applicant:
2551 1. Represent a local government with a military
2552 installation or military installations that could be adversely
2553 affected by federal actions.
2554 2. Agree to match at least 30 percent of any grant awarded.
2555 3. Prepare a coordinated program or plan of action
2556 delineating how the eligible project will be administered and
2557 accomplished.
2558 3.4. Provide documentation describing the potential for
2559 changes to the mission of a military installation located in the
2560 applicant’s community and the potential impacts such changes
2561 will have on the applicant’s community.
2562 (4) The Florida Defense Reinvestment Grant Program is
2563 established to respond to the need for this state to work in
2564 conjunction with defense-dependent communities in developing and
2565 implementing strategies and approaches that will help
2566 communities support the missions of military installations, and
2567 in developing and implementing alternative economic
2568 diversification strategies to transition from a defense economy
2569 to a nondefense economy. The department shall administer the
2570 program.
2571 (a) Eligible applicants include defense-dependent counties
2572 and cities, and local economic development councils located
2573 within such communities. The program shall be administered by
2574 the department and Grant awards may be provided to support
2575 community-based activities that:
2576 1.(a) Protect existing military installations;
2577 2.(b) Diversify or grow the economy of a defense-dependent
2578 community; or
2579 3.(c) Develop plans for the reuse of closed or realigned
2580 military installations, including any plans necessary for
2581 infrastructure improvements needed to facilitate reuse and
2582 related marketing activities.
2583 (b) Applications for grants under paragraph (a) this
2584 subsection must include a coordinated program of work or plan of
2585 action delineating how the eligible project will be administered
2586 and accomplished, which must include a plan for ensuring close
2587 cooperation between civilian and military authorities in the
2588 conduct of the funded activities and a plan for public
2589 involvement. An applicant must agree to match at least 30
2590 percent of any grant awarded.
2591 Section 33. Effective July 1, 2016, paragraph (a) of
2592 subsection (6), paragraph (b) of subsection (9), paragraph (a)
2593 of subsection (35), subsection (60), and paragraph (b) of
2594 subsection (64) of section 320.08058, Florida Statutes, are
2595 amended to read:
2596 320.08058 Specialty license plates.—
2597 (6) FLORIDA UNITED STATES OLYMPIC COMMITTEE LICENSE
2598 PLATES.—
2599 (a) Because the United States Olympic Committee has
2600 selected this state to participate in a combined fundraising
2601 program that provides for one-half of all money raised through
2602 volunteer giving to stay in this state and be administered by
2603 the Florida Sports Foundation Enterprise Florida, Inc., to
2604 support amateur sports, and because the United States Olympic
2605 Committee and the Florida Sports Foundation Enterprise Florida,
2606 Inc., are nonprofit organizations dedicated to providing
2607 athletes with support and training and preparing athletes of all
2608 ages and skill levels for sports competition, and because the
2609 Florida Sports Foundation Enterprise Florida, Inc., assists in
2610 the bidding for sports competitions that provide significant
2611 impact to the economy of this state, and the Legislature
2612 supports the efforts of the United States Olympic Committee and
2613 the Florida Sports Foundation Enterprise Florida, Inc., the
2614 Legislature establishes a Florida United States Olympic
2615 Committee license plate for the purpose of providing a
2616 continuous funding source to support this worthwhile effort.
2617 Florida United States Olympic Committee license plates must
2618 contain the official United States Olympic Committee logo and
2619 must bear a design and colors that are approved by the
2620 department. The word “Florida” must be centered at the top of
2621 the plate.
2622 (9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.—
2623 (b) The license plate annual use fees are to be annually
2624 distributed as follows:
2625 1. Fifty-five percent of the proceeds from the Florida
2626 Professional Sports Team plate must be deposited into the
2627 Professional Sports Development Trust Fund within the Department
2628 of Economic Opportunity. These funds must be used solely to
2629 attract and support major sports events in this state. As used
2630 in this subparagraph, the term “major sports events” means, but
2631 is not limited to, championship or all-star contests of Major
2632 League Baseball, the National Basketball Association, the
2633 National Football League, the National Hockey League, Major
2634 League Soccer, the men’s and women’s National Collegiate
2635 Athletic Association championships Final Four basketball
2636 championship, or a horseracing or dogracing Breeders’ Cup. All
2637 funds must be used to support and promote major sporting events,
2638 and the uses must be approved by the Department of Economic
2639 Opportunity.
2640 2. The remaining proceeds of the Florida Professional
2641 Sports Team license plate must be allocated to the Florida
2642 Sports Foundation Enterprise Florida, Inc. These funds must be
2643 deposited into the Professional Sports Development Trust Fund
2644 within the Department of Economic Opportunity. These funds must
2645 be used by the Florida Sports Foundation Enterprise Florida,
2646 Inc., to promote the economic development of the sports
2647 industry; to distribute licensing and royalty fees to
2648 participating professional sports teams; to promote education
2649 programs in Florida schools that provide an awareness of the
2650 benefits of physical activity and nutrition standards; to
2651 partner with the Department of Education and the Department of
2652 Health to develop a program that recognizes schools whose
2653 students demonstrate excellent physical fitness or fitness
2654 improvement; to institute a grant program for communities
2655 bidding on minor sporting events that create an economic impact
2656 for the state; to distribute funds to Florida-based charities
2657 designated by the Florida Sports Foundation Enterprise Florida,
2658 Inc., and the participating professional sports teams; and to
2659 fulfill the sports promotion responsibilities of the Department
2660 of Economic Opportunity.
2661 3. The Florida Sports Foundation Enterprise Florida, Inc.,
2662 shall provide an annual financial audit in accordance with s.
2663 215.981 of its financial accounts and records by an independent
2664 certified public accountant pursuant to the contract established
2665 by the Department of Economic Opportunity as specified in s.
2666 288.1229(5). The auditor shall submit the audit report to the
2667 Department of Economic Opportunity for review and approval. If
2668 the audit report is approved, the Department of Economic
2669 Opportunity shall certify the audit report to the Auditor
2670 General for review.
2671 4. Notwithstanding the provisions of subparagraphs 1. and
2672 2., proceeds from the Professional Sports Development Trust Fund
2673 may also be used for operational expenses of the Florida Sports
2674 Foundation Enterprise Florida, Inc., and financial support of
2675 the Sunshine State Games and Florida Senior Games.
2676 (35) FLORIDA GOLF LICENSE PLATES.—
2677 (a) The Department of Highway Safety and Motor Vehicles
2678 shall develop a Florida Golf license plate as provided in this
2679 section. The word “Florida” must appear at the bottom of the
2680 plate. The Dade Amateur Golf Association, following consultation
2681 with the PGA TOUR, the Florida Sports Foundation Enterprise
2682 Florida, Inc., the LPGA, and the PGA of America may submit a
2683 revised sample plate for consideration by the department.
2684 (60) FLORIDA NASCAR LICENSE PLATES.—
2685 (a) The department shall develop a Florida NASCAR license
2686 plate as provided in this section. Florida NASCAR license plates
2687 must bear the colors and design approved by the department. The
2688 word “Florida” must appear at the top of the plate, and the term
2689 “NASCAR” must appear at the bottom of the plate. The National
2690 Association for Stock Car Auto Racing, following consultation
2691 with the Florida Sports Foundation Enterprise Florida, Inc., may
2692 submit a sample plate for consideration by the department.
2693 (b) The license plate annual use fees shall be distributed
2694 to the Florida Sports Foundation Enterprise Florida, Inc. The
2695 license plate annual use fees shall be annually allocated as
2696 follows:
2697 1. Up to 5 percent of the proceeds from the annual use fees
2698 may be used by the Florida Sports Foundation Enterprise Florida,
2699 Inc., for the administration of the NASCAR license plate
2700 program.
2701 2. The National Association for Stock Car Auto Racing shall
2702 receive up to $60,000 in proceeds from the annual use fees to be
2703 used to pay startup costs, including costs incurred in
2704 developing and issuing the plates. Thereafter, 10 percent of the
2705 proceeds from the annual use fees shall be provided to the
2706 association for the royalty rights for the use of its marks.
2707 3. The remaining proceeds from the annual use fees shall be
2708 distributed to the Florida Sports Foundation Enterprise Florida,
2709 Inc. The Florida Sports Foundation Enterprise Florida, Inc.,
2710 will retain 15 percent to support its regional grant program,
2711 attracting sporting events to Florida; 20 percent to support the
2712 marketing of motorsports-related tourism in the state; and 50
2713 percent to be paid to the NASCAR Foundation, a s. 501(c)(3)
2714 charitable organization, to support Florida-based charitable
2715 organizations.
2716 (c) The Florida Sports Foundation Enterprise Florida, Inc.,
2717 shall provide an annual financial audit in accordance with s.
2718 215.981 of its financial accounts and records by an independent
2719 certified public accountant pursuant to the contract established
2720 by the Department of Economic Opportunity as specified in s.
2721 288.1229(5). The auditor shall submit the audit report to the
2722 Department of Economic Opportunity for review and approval. If
2723 the audit report is approved, the Department of Economic
2724 Opportunity shall certify the audit report to the Auditor
2725 General for review.
2726 (64) FLORIDA TENNIS LICENSE PLATES.—
2727 (b) The department shall distribute the annual use fees to
2728 the Florida Sports Foundation Enterprise Florida, Inc. The
2729 license plate annual use fees shall be annually allocated as
2730 follows:
2731 1. Up to 5 percent of the proceeds from the annual use fees
2732 may be used by the Florida Sports Foundation Enterprise Florida,
2733 Inc., to administer the license plate program.
2734 2. The United States Tennis Association Florida Section
2735 Foundation shall receive the first $60,000 in proceeds from the
2736 annual use fees to reimburse it for startup costs,
2737 administrative costs, and other costs it incurs in the
2738 development and approval process.
2739 3. Up to 5 percent of the proceeds from the annual use fees
2740 may be used for promoting and marketing the license plates. The
2741 remaining proceeds shall be available for grants by the United
2742 States Tennis Association Florida Section Foundation to
2743 nonprofit organizations to operate youth tennis programs and
2744 adaptive tennis programs for special populations of all ages,
2745 and for building, renovating, and maintaining public tennis
2746 courts.
2747 Section 34. Subsection (5) of section 477.0135, Florida
2748 Statutes, is amended to read:
2749 477.0135 Exemptions.—
2750 (5) A license is not required of any individual providing
2751 makeup, special effects, or cosmetology services to an actor,
2752 stunt person, musician, extra, or other talent during a
2753 production recognized by the Department of Economic Opportunity
2754 Office of Film and Entertainment as a project qualified
2755 production as defined in s. 288.1256 s. 288.1254(1). Such
2756 services are not required to be performed in a licensed salon.
2757 Individuals exempt under this subsection may not provide such
2758 services to the general public.
2759 Section 35. Except as otherwise expressly provided in this
2760 act, this act shall take effect upon becoming a law.