Florida Senate - 2022                                     SB 800
       
       
        
       By Senator Albritton
       
       
       
       
       
       26-00637-22                                            2022800__
    1                        A bill to be entitled                      
    2         An act relating to economic development; amending s.
    3         166.231, F.S.; authorizing municipalities to exempt by
    4         ordinance the public service tax that specified users
    5         would pay on electrical energy purchases; requiring
    6         municipalities to provide copies of such ordinances to
    7         the Department of Revenue within a certain timeframe;
    8         amending s. 212.02, F.S.; defining the term
    9         “opportunity zone”; amending s. 212.08, F.S.; defining
   10         terms; providing an exemption from the state tax on
   11         sales, use, and other transactions for building
   12         materials used in the rehabilitation of real property
   13         in an opportunity zone; specifying requirements,
   14         limitations, and procedures for the exemption;
   15         requiring the department to adopt rules; authorizing
   16         the department to establish guidelines; providing an
   17         exemption from the state tax on sales, use, and other
   18         transactions for electrical energy used in an
   19         opportunity zone, subject to certain ordinances
   20         adopted by municipalities; specifying requirements,
   21         limitations, and procedures for the exemption;
   22         providing a penalty; requiring the department to adopt
   23         rules; authorizing the department to establish
   24         guidelines; defining the term “qualified business”;
   25         amending s. 212.098, F.S.; revising the qualification
   26         criteria and tax credit amounts for new and existing
   27         businesses under the Rural Job Tax Credit Program;
   28         creating s. 288.066, F.S.; establishing a rural
   29         opportunity tax refund program for qualified target
   30         industry businesses in rural areas; defining terms;
   31         specifying the criteria the Department of Economic
   32         Opportunity and Enterprise Florida, Inc., must
   33         consider in identifying target industries; authorizing
   34         the grant of certain tax refunds under certain
   35         circumstances; specifying limitations on refunds;
   36         providing administrative and criminal penalties;
   37         specifying requirements and procedures for
   38         applications; specifying requirements and limitations
   39         for the review of applications by the Department of
   40         Economic Opportunity; providing construction;
   41         authorizing the Department of Economic Opportunity to
   42         issue certain opinion letters; providing requirements,
   43         procedures, and limitations for annual refund claims;
   44         providing requirements for the Chief Financial Officer
   45         for the issuance of warrants for refunds; providing
   46         for administration by the Department of Economic
   47         Opportunity; amending s. 288.095, F.S.; conforming
   48         provisions to changes made by the act; amending s.
   49         288.101, F.S.; requiring the Department of Economic
   50         Opportunity to allocate a specified amount of funds in
   51         the Florida Job Growth Grant Fund during a certain
   52         timeframe each year for projects within rural areas of
   53         opportunity; defining the term “rural area of
   54         opportunity”; providing an effective date.
   55          
   56  Be It Enacted by the Legislature of the State of Florida:
   57  
   58         Section 1. Present subsections (9) and (10) of section
   59  166.231, Florida Statutes, are redesignated as subsections (10)
   60  and (11), respectively, and a new subsection (9) is added to
   61  that section, to read:
   62         166.231 Municipalities; public service tax.—
   63         (9) Beginning July 1, 2023, a municipality may by ordinance
   64  exempt not less than 100 percent of the tax imposed under this
   65  section on purchasers of electrical energy who the Department of
   66  Revenue determines are eligible for the exemption provided by s.
   67  212.08(19). The exemption shall be administered as provided in
   68  that section. The municipality shall provide a copy of any
   69  ordinance adopted pursuant to this subsection to the Department
   70  of Revenue not less than 14 days before its effective date.
   71         Section 2. Subsection (35) is added to section 212.02,
   72  Florida Statutes, to read:
   73         212.02 Definitions.—The following terms and phrases when
   74  used in this chapter have the meanings ascribed to them in this
   75  section, except where the context clearly indicates a different
   76  meaning:
   77         (35) “Opportunity zone” means a population census tract
   78  designated by the United States Department of the Treasury as a
   79  qualified opportunity zone pursuant to s. 1400Z-1(b)(1)(B) of
   80  the Internal Revenue Code.
   81         Section 3. Paragraph (v) is added to subsection (5) of
   82  section 212.08, Florida Statutes, and subsection (19) is added
   83  to that section, to read:
   84         212.08 Sales, rental, use, consumption, distribution, and
   85  storage tax; specified exemptions.—The sale at retail, the
   86  rental, the use, the consumption, the distribution, and the
   87  storage to be used or consumed in this state of the following
   88  are hereby specifically exempt from the tax imposed by this
   89  chapter.
   90         (5) EXEMPTIONS; ACCOUNT OF USE.—
   91         (v)Building materials used in the rehabilitation of real
   92  property located in an opportunity zone.
   93         1. For the purposes of the exemption provided in this
   94  paragraph, the term:
   95         a. “Building materials” means tangible personal property
   96  that becomes a component part of improvements to real property.
   97         b. “Real property” has the same meaning as provided in s.
   98  192.001(12), except that the term does not include a condominium
   99  parcel or condominium property as defined in s. 718.103.
  100         c. “Rehabilitation of real property” means the
  101  reconstruction, renovation, restoration, rehabilitation,
  102  construction, or expansion of improvements to real property.
  103         d. “Substantially completed” has the same meaning as
  104  provided in s. 192.042(1).
  105         2. Building materials used in the rehabilitation of real
  106  property are exempt from the tax imposed by this chapter upon an
  107  affirmative showing to the satisfaction of the department that
  108  the items have been used for the rehabilitation of real property
  109  located in an opportunity zone. This exemption inures to the
  110  owner, lessee, or lessor at the time the real property is
  111  rehabilitated, but only through a refund of previously paid
  112  taxes. To receive a refund pursuant to this paragraph, the
  113  owner, lessee, or lessor of the rehabilitated real property must
  114  file an application under oath with the governing body having
  115  jurisdiction over the opportunity zone where the property is
  116  located, as applicable. A single application for a refund may be
  117  submitted for multiple, contiguous parcels that were part of a
  118  single parcel divided as part of the rehabilitation of the real
  119  property. All other requirements of this paragraph apply to each
  120  parcel on an individual basis. The application must include all
  121  of the following:
  122         a. The name and address of the person claiming the refund.
  123         b. An address and assessment roll parcel number of the
  124  rehabilitated real property for which a refund of previously
  125  paid taxes is being sought.
  126         c. A description of the improvements made to accomplish the
  127  rehabilitation of the real property.
  128         d. A copy of a valid building permit issued by the county
  129  or municipal building department for the rehabilitation of the
  130  real property.
  131         e. A sworn statement, under penalty of perjury, from the
  132  general contractor licensed in this state with whom the
  133  applicant contracted to make the improvements necessary to
  134  rehabilitate the real property. The sworn statement must list
  135  the building materials used to rehabilitate the real property,
  136  the actual cost of the building materials, and the amount of
  137  sales tax paid in this state on the building materials. If a
  138  general contractor was not used, the applicant, not a general
  139  contractor, shall make the sworn statement required by this sub
  140  subparagraph. Copies of the invoices that show the purchase of
  141  the building materials used in the rehabilitation and the
  142  payment of sales tax on the building materials must be attached
  143  to the sworn statement provided by the general contractor or by
  144  the applicant. Unless the actual cost of building materials used
  145  in the rehabilitation of real property and the payment of sales
  146  taxes are documented by a general contractor or by the applicant
  147  in this manner, the cost of the building materials is deemed to
  148  be an amount equal to 40 percent of the increase in assessed
  149  value for ad valorem tax purposes.
  150         f. The census tract number of the opportunity zone in which
  151  the rehabilitated real property is located.
  152         g. A certification by the local building code inspector
  153  that the improvements necessary to rehabilitate the real
  154  property are substantially completed.
  155         3. Within 10 working days after receipt of an application,
  156  the governing body shall review the application to determine if
  157  it contains all the information required by subparagraph 1. and
  158  meets the criteria set forth in this paragraph. The governing
  159  body shall certify all applications that contain the required
  160  information and are eligible to receive a refund. The
  161  certification must be in writing, and a copy of the
  162  certification shall be transmitted to the executive director of
  163  the department. The applicant is responsible for forwarding a
  164  certified application to the department within the time
  165  specified in subparagraph 4.
  166         4. An application for a refund must be submitted to the
  167  department within 6 months after the rehabilitation of the real
  168  property is deemed to be substantially completed by the local
  169  building code inspector or by November 1 after the rehabilitated
  170  real property is first subject to assessment.
  171         5. Only one exemption through a refund of previously paid
  172  taxes for the rehabilitation of real property is allowed for any
  173  single parcel of real property unless there is a change in
  174  ownership, a new lessor, or a new lessee of the real property. A
  175  refund may not be granted unless the amount to be refunded
  176  exceeds $500. A refund may not exceed the lesser of 97 percent
  177  of the Florida sales or use tax paid on the cost of the building
  178  materials used in the rehabilitation of the real property, as
  179  determined pursuant to sub-subparagraph 1.e., or $7,500. The
  180  department shall make the refund within 30 days after formally
  181  approving the application.
  182         6. The department shall adopt rules governing the manner
  183  and form of refund applications and may establish guidelines as
  184  to the requisites for an affirmative showing of qualification
  185  for exemption under this paragraph.
  186         (19) ELECTRICAL ENERGY USED IN AN OPPORTUNITY ZONE.—
  187         (a) Beginning July 1, 2023, a qualified business that uses
  188  electrical energy at a fixed location in an opportunity zone in
  189  a municipality that has enacted an ordinance pursuant to s.
  190  166.231(9) which provides for exemption of municipal utility
  191  taxes on such businesses shall receive an exemption equal to 50
  192  percent of the tax imposed by this chapter. A qualified business
  193  may receive such exemption for a period of 5 years from the
  194  billing period beginning not more than 30 days following the
  195  department notifying the applicable utility company that an
  196  exemption has been authorized pursuant to this subsection and s.
  197  166.231(9).
  198         (b) To receive this exemption, a business must file an
  199  application with the department on a form provided for the
  200  purposes of this subsection and s. 166.231(9). The application
  201  must be made under oath and include all of the following:
  202         1. The name and location of the business.
  203         2. The census tract number of the opportunity zone in which
  204  the business is located.
  205         3. The date on which electrical service is to be first
  206  initiated at the business.
  207         4. The name and mailing address of the entity from which
  208  electrical energy is to be purchased.
  209         5. The date of the application.
  210         6. The name of the city in which the business is located.
  211         (c) An application for an exemption under this subsection
  212  must be submitted to the department within 6 months after the
  213  occurrence of the appropriate qualifying provision set out in
  214  paragraph (f).
  215         (d) If, in a subsequent audit conducted by the department,
  216  it is determined that the business did not meet the criteria
  217  mandated in this subsection, the amount of taxes exempted shall
  218  immediately be due and payable to the department by the
  219  business, together with the appropriate interest and penalty,
  220  computed from the due date of each bill for the electrical
  221  energy purchased as exempt under this subsection, in the manner
  222  prescribed by this chapter.
  223         (e) The department shall adopt rules governing applications
  224  and the required forms for, and issuance of, the exemption
  225  authorized in this subsection and provisions for recapture of
  226  taxes exempted under this subsection, and the department may
  227  establish guidelines as to qualifications for the exemption.
  228         (f) For the purpose of the exemption provided in this
  229  subsection, the term “qualified business” means a business that
  230  is:
  231         1. First occupying a new structure to which electrical
  232  service, other than that used for construction purposes, has not
  233  been previously provided or furnished;
  234         2. Newly occupying an existing, remodeled, renovated, or
  235  rehabilitated structure to which electrical service, other than
  236  that used for remodeling, renovation, or rehabilitation of the
  237  structure, has not been provided or furnished in the three
  238  preceding billing periods; or
  239         3. Occupying a new, remodeled, rebuilt, renovated, or
  240  rehabilitated structure for which a refund has been granted
  241  pursuant to paragraph (5)(v).
  242         Section 4. Subsections (2) and (3) of section 212.098,
  243  Florida Statutes, are amended to read:
  244         212.098 Rural Job Tax Credit Program.—
  245         (2) A new eligible business may apply for a tax credit
  246  under this subsection once at any time during its first year of
  247  operation. A new eligible business in a qualified area that has
  248  at least 10 qualified employees on the date of application shall
  249  receive a $2,500 $1,000 tax credit for each such employee.
  250         (3) An existing eligible business may apply for a tax
  251  credit under this subsection at any time it is entitled to such
  252  credit, except as restricted by this subsection. An existing
  253  eligible business with fewer than 50 employees in a qualified
  254  area that on the date of application has at least 10 20 percent
  255  more qualified employees than it had 1 year before prior to its
  256  date of application shall receive a $2,000 $1,000 tax credit for
  257  each such additional employee. An existing eligible business
  258  that has 50 employees or more in a qualified area that, on the
  259  date of application, has at least 5 10 more qualified employees
  260  than it had 1 year before prior to its date of application shall
  261  receive a $1,500 $1,000 tax credit for each additional employee.
  262  Any existing eligible business that received a credit under
  263  subsection (2) may not apply for the credit under this
  264  subsection sooner than 12 months after the application date for
  265  the credit under subsection (2).
  266         Section 5. Section 288.066, Florida Statutes, is created to
  267  read:
  268         288.066 Rural opportunity tax refund program.—
  269         (1) DEFINITIONS.—As used in this section:
  270         (a) “Account” means the Economic Development Incentives
  271  Account within the Economic Development Trust Fund established
  272  under s. 288.095.
  273         (b) “Authorized local economic development agency” means a
  274  public or private entity, including an entity defined in s.
  275  288.075, authorized by a county or municipality to promote the
  276  general business or industrial interests of that county or
  277  municipality.
  278         (c) “Average private sector wage in the area” means the
  279  statewide private sector average wage or the average of all
  280  private sector wages and salaries in the county or in the
  281  standard metropolitan area in which the business is located.
  282         (d) “Business” means an employing unit, as defined in s.
  283  443.036, registered for reemployment assistance purposes with
  284  the state agency providing reemployment assistance tax
  285  collection services under an interagency agreement pursuant to
  286  s. 443.1316, or a subcategory or division of an employing unit
  287  accepted by the state agency providing reemployment assistance
  288  tax collection services as a reporting unit.
  289         (e) “Corporate headquarters business” means an
  290  international, national, or regional headquarters office of a
  291  multinational or multistate business enterprise or national
  292  trade association, whether separate from or connected with other
  293  facilities used by such business.
  294         (f) “Expansion of an existing business” means the expansion
  295  of an existing Florida business by or through additions to real
  296  and personal property, resulting in a net increase in
  297  employment.
  298         (g) “Fiscal year” means the fiscal year of the state.
  299         (h) “Jobs” means full-time equivalent positions, including,
  300  but not limited to, positions obtained from a temporary
  301  employment agency or employee leasing company or through a union
  302  agreement or coemployment under a professional employer
  303  organization agreement, that result directly from a project in
  304  this state. The term does not include temporary construction
  305  jobs involved with the construction of facilities for the
  306  project or any jobs previously included in any application for
  307  tax refunds under s. 288.1045 or this section.
  308         (i) “Local financial support” means funding from local
  309  sources, public or private, which is paid to the Economic
  310  Development Trust Fund and which is equal to 20 percent of the
  311  annual tax refund for a qualified target industry business. A
  312  qualified target industry business may not provide, directly or
  313  indirectly, more than 5 percent of such funding in any fiscal
  314  year. The sources of such funding may not include, directly or
  315  indirectly, state funds appropriated from the General Revenue
  316  Fund or any state trust fund, excluding tax revenues shared with
  317  local governments pursuant to law.
  318         (j) “Local financial support exemption option” means the
  319  option to exercise an exemption from the local financial support
  320  requirement available to any applicant whose project is located
  321  in a brownfield area, a rural city, or a rural community. Any
  322  applicant that exercises this option is not eligible for more
  323  than 80 percent of the total tax refunds allowed such applicant
  324  under this section.
  325         (k) “New business” means a business that applies for a tax
  326  refund under this section before beginning operations in this
  327  state and that is a legal entity separate from any other
  328  commercial or industrial operations owned by the same business.
  329         (l) “Project” means the creation of a new business or
  330  expansion of an existing business.
  331         (m) “Qualified target industry business” means a target
  332  industry business approved by the department to be eligible for
  333  tax refunds under this section.
  334         (n) “Rural city” means a city having a population of 10,000
  335  or less, or a city having a population of greater than 10,000
  336  but less than 20,000, which has been determined by the
  337  department to have such economic characteristics as, but not
  338  limited to, a significant percentage of residents on public
  339  assistance, a significant percentage of residents with incomes
  340  below the poverty level, or a significant percentage of the
  341  city’s employment base in agriculture-related jobs.
  342         (o) “Rural community” means:
  343         1. A county having a population of 75,000 or less.
  344         2. A county having a population of 125,000 or less which is
  345  contiguous to a county having a population of 75,000 or less.
  346         3. A municipality within a county described in subparagraph
  347  1. or subparagraph 2.
  348  
  349  For purposes of this paragraph, population shall be determined
  350  in accordance with the most recent official estimate pursuant to
  351  s. 186.901.
  352         (p) “Target industry business” means a corporate
  353  headquarters business or any business engaged in one of the
  354  target industries identified pursuant to subsection (2). The
  355  term does not include any business engaged in retail industry
  356  activities; any electric utility company as defined in s.
  357  366.02(2); any phosphate or other solid minerals severance,
  358  mining, or processing operation; any oil or gas exploration or
  359  production operation; or any business subject to regulation by
  360  the Division of Hotels and Restaurants of the Department of
  361  Business and Professional Regulation. Any business in NAICS code
  362  5611 or 5614, office administrative services and business
  363  support services, respectively, may be considered a target
  364  industry business only after the local governing body and
  365  Enterprise Florida, Inc., determine that the community where the
  366  business may locate has conditions affecting the fiscal and
  367  economic viability of the local community or area, including but
  368  not limited to, such factors as low per capita income, high
  369  unemployment, high underemployment, and a lack of year-round
  370  stable employment opportunities, and such conditions may be
  371  improved by the location of such a business to the community. By
  372  January 1 of every 3rd year, beginning January 1, 2023, the
  373  department, in consultation with Enterprise Florida, Inc.,
  374  economic development organizations, the State University System,
  375  local governments, employee and employer organizations, market
  376  analysts, and economists, shall review and, as appropriate,
  377  revise the list of such target industries and submit the list to
  378  the Governor, the President of the Senate, and the Speaker of
  379  the House of Representatives.
  380         (q) “Taxable year” means taxable year as defined in s.
  381  220.03(1)(y).
  382         (2)DESIGNATION OF TARGET INDUSTRIES.—In identifying target
  383  industries, the department in consultation with Enterprise
  384  Florida, Inc., shall consider the following criteria:
  385         (a)Future growth.Whether industry forecasts indicate
  386  strong expectation for future growth in both employment and
  387  output, according to the most recent available data. Special
  388  consideration must be given to businesses that export goods to,
  389  or provide services in, international markets and to businesses
  390  that replace international imports of goods or services.
  391         (b)Stability.Special consideration must be given to an
  392  industry not subject to periodic layoffs, whether due to
  393  seasonality or sensitivity to volatile economic variables, such
  394  as weather. The industry must also be relatively resistant to
  395  recession, so that the demand for products of this industry is
  396  not typically subject to decline during an economic downturn.
  397         (c)High wage.Whether the industry pays relatively high
  398  wages compared to statewide or area averages.
  399         (d)Market and resource independent.Whether industry
  400  business locations are not dependent upon Florida markets or
  401  resources, as indicated by industry analysis, except for
  402  businesses in the renewable energy industry.
  403         (e)Industrial base diversification and strengthening.
  404  Whether the industry is contributing toward expanding or
  405  diversifying the state’s or area’s economic base, as indicated
  406  by analysis of the industry’s share of employment and output,
  407  compared to national and regional trends. Special consideration
  408  must be given to industries that strengthen regional economies
  409  by adding value to basic products or building regional
  410  industrial clusters, as indicated by industry analysis. Special
  411  consideration must also be given to the development of strong
  412  industrial clusters that include defense and homeland security
  413  businesses.
  414         (f)Positive economic impact.Whether the industry is
  415  expected to have strong positive economic impacts on or benefits
  416  to the state or regional economies. Special consideration must
  417  be given to industries that facilitate the development of the
  418  state as a hub for domestic and global trade and logistics.
  419         (3) TAX REFUND; ELIGIBLE AMOUNTS.—
  420         (a) A qualified target industry business may be allowed a
  421  refund from the account for the amount of eligible taxes the
  422  business paid which is certified by the department. The total
  423  amount of refunds for all fiscal years for each qualified target
  424  industry business must be determined pursuant to subsection (4).
  425  The annual amount of a refund to a qualified target industry
  426  business must be determined pursuant to subsection (5).
  427         (b) Upon approval by the department, a qualified target
  428  industry business located in a rural community is allowed tax
  429  refund payments equal to $6,000 multiplied by the number of jobs
  430  the business creates.
  431         (c) A qualified target industry business may:
  432         1. Receive refunds from the account for the following taxes
  433  due and paid by that business beginning with the first taxable
  434  year of the business which begins after the business has been
  435  certified as a qualified target industry business:
  436         a. Corporate income taxes under chapter 220.
  437         b. Insurance premium tax under s. 624.509.
  438         2. Receive refunds from the account for the following taxes
  439  due and paid by that business after being certified as a
  440  qualified target industry business:
  441         a. Taxes on sales, use, and other transactions under
  442  chapter 212.
  443         b. Intangible personal property taxes under chapter 199.
  444         c. Excise taxes on documents under chapter 201.
  445         d. Ad valorem taxes paid, as defined in s. 220.03(1).
  446         e. State communications services taxes administered under
  447  chapter 202. This provision does not apply to the gross receipts
  448  tax imposed under chapter 203 and administered under chapter 202
  449  or the local communications services tax authorized under s.
  450  202.19.
  451         (d) A qualified target industry business may not receive a
  452  refund under this section for any amount of credit, refund, or
  453  exemption previously granted to that business for any of the
  454  taxes listed in paragraph (c). If the department provides a
  455  refund for such taxes and the taxes are subsequently adjusted by
  456  the application of any credit, refund, or exemption granted to
  457  the qualified target industry business other than as provided in
  458  this section, the business must reimburse the account for the
  459  amount of that credit, refund, or exemption. A qualified target
  460  industry business shall notify and tender payment to the
  461  department within 20 days after receiving any credit, refund, or
  462  exemption other than one provided under this section.
  463         (e) Refunds made available under this section may not be
  464  expended in connection with the relocation of a business from
  465  one community to another community in this state unless the
  466  department determines that, without such relocation, the
  467  business will move outside this state, or it determines that the
  468  business has a compelling economic rationale for relocation and
  469  that the relocation will create additional jobs.
  470         (f) A qualified target industry business that fraudulently
  471  claims a refund under this section:
  472         1. Is liable for repayment of the amount of the refund to
  473  the account, plus a mandatory penalty in the amount of 200
  474  percent of the tax refund. The repayment shall be deposited into
  475  the General Revenue Fund.
  476         2. Commits a felony of the third degree, punishable as
  477  provided in s. 775.082, s. 775.083, or s. 775.084.
  478         (4) APPLICATION AND APPROVAL PROCESS.—
  479         (a) To apply for certification as a qualified target
  480  industry business under this section, the business must file an
  481  application with the department before the business decides to
  482  locate in this state or before the business decides to expand
  483  its existing operations in this state. The application must
  484  include, but need not be limited to, the following information:
  485         1. The applicant’s federal employer identification number
  486  and, if applicable, state sales tax registration number.
  487         2. The proposed permanent location of the applicant’s
  488  facility in this state where the project is to be located.
  489         3. A description of the type of business activity or
  490  product covered by the project, including a minimum of a five
  491  digit NAICS code for all activities included in the project. As
  492  used in this paragraph, the term “NAICS” means those
  493  classifications contained in the North American Industry
  494  Classification System, as published in 2007 by the Office of
  495  Management and Budget, Executive Office of the President, and
  496  updated periodically.
  497         4. The proposed number of net new full-time equivalent
  498  Florida jobs at the qualified target industry business as of
  499  December 31 of each year included in the project and the average
  500  wage of those jobs. If more than one type of business activity
  501  or product is included in the project, the number of jobs and
  502  average wage for those jobs must be separately stated for each
  503  type of business activity or product.
  504         5. The total number of full-time equivalent employees
  505  employed by the applicant in this state, if applicable.
  506         6. The anticipated commencement date of the project.
  507         7. A brief statement explaining the role that the estimated
  508  tax refunds to be requested will play in the decision of the
  509  applicant to locate or expand in this state.
  510         8. An estimate of the proportion of the sales resulting
  511  from the project which will be made outside this state.
  512         9. An estimate of the proportion of the cost of the
  513  machinery and equipment, and any other resources necessary in
  514  the development of its product or service, to be used by the
  515  business in its Florida operations which will be purchased
  516  outside this state.
  517         10. A resolution adopted by the governing board of the
  518  county or municipality in which the project will be located,
  519  which resolution recommends that the applicant be approved as a
  520  qualified target industry business and specifies that the
  521  commitments of local financial support necessary for the target
  522  industry business exist. Before the passage of such resolution,
  523  the department may also accept an official letter from an
  524  authorized local economic development agency that endorses the
  525  proposed target industry project and pledges that sources of
  526  local financial support for such project exist. For the purposes
  527  of making pledges of local financial support under this
  528  subparagraph, the local governing board shall pass a one-time
  529  resolution officially designating the authorized local economic
  530  development agency.
  531         11. Any additional information requested by the department.
  532         (b) Each application must be submitted to the department
  533  for determination of eligibility. The department shall review
  534  and evaluate each application based on, but not limited to, the
  535  following criteria:
  536         1. Expected contributions to the state’s economy,
  537  consistent with the state strategic economic development plan
  538  prepared by the department.
  539         2. The economic benefits of the proposed award of tax
  540  refunds under this section.
  541         3. The amount of capital investment to be made by the
  542  applicant in this state.
  543         4. The local financial commitment and support for the
  544  project.
  545         5. The expected effect of the project on the unemployed and
  546  underemployed in the county where the project will be located.
  547         6. The expected effect of the award on the viability of the
  548  project and the probability that the project would be undertaken
  549  in this state if such tax refunds are granted to the applicant.
  550         7. Whether the business activity or project is in an
  551  industry identified by the department as a target industry
  552  business that contributes to the economic growth of the state
  553  and the area in which the business is located, produces a higher
  554  standard of living for residents of this state in the new global
  555  economy, or can be shown to make an equivalent contribution to
  556  the area’s and state’s economic progress.
  557         8. A review of the business’s past activities in this state
  558  or other states, including whether the business has been
  559  subjected to criminal or civil fines and penalties. This
  560  subparagraph does not require the disclosure of confidential
  561  information.
  562         (c) Applications shall be reviewed and certified pursuant
  563  to s. 288.061. The department shall include in its review
  564  projections of the tax refunds the business would be eligible to
  565  receive in each fiscal year based on the creation and
  566  maintenance of the net new Florida jobs specified in
  567  subparagraph (a)4. as of December 31 of the preceding state
  568  fiscal year.
  569         (d) The department may not certify any target industry
  570  business as a qualified target industry business if the value of
  571  tax refunds to be included in that letter of certification
  572  exceeds the available amount of authority to certify new
  573  businesses as determined in s. 288.095(3). However, if the
  574  commitments of local financial support represent less than 20
  575  percent of the eligible tax refund payments, or to otherwise
  576  preserve the viability and fiscal integrity of the program, the
  577  department may certify a qualified target industry business to
  578  receive tax refund payments of less than the allowable amount
  579  specified in paragraph (3)(b). A letter of certification that
  580  approves an application must specify the maximum amount of tax
  581  refund that will be available to the qualified target industry
  582  business in each fiscal year and the total amount of tax refunds
  583  that will be available to the business for all fiscal years.
  584         (e) This section does not create a presumption that an
  585  applicant will receive any tax refunds under this section.
  586  However, the department may issue nonbinding opinion letters,
  587  upon the request of prospective applicants, as to the
  588  applicants’ eligibility and the potential amount of refunds.
  589         (5) ANNUAL CLAIM FOR REFUND.—
  590         (a) To be eligible to claim any scheduled tax refund, a
  591  qualified target industry business must apply by January 31 of
  592  each fiscal year to the department for the tax refund scheduled
  593  to be paid from the appropriation for the fiscal year that
  594  begins on July 1 following the January 31 claims-submission
  595  date. The department may, upon written request, grant a 30-day
  596  extension of the filing date.
  597         (b) The claim for refund by the qualified target industry
  598  business must include a copy of all receipts pertaining to the
  599  payment of taxes for which the refund is sought.
  600         (c) The department may waive the requirement for proof of
  601  taxes paid in future years for a qualified target industry
  602  business that provides the department with proof that, in a
  603  single year, the business has paid an amount of state taxes from
  604  the categories in paragraph (3)(c) which is at least equal to
  605  the total amount of tax refunds that the business may receive
  606  through successful completion of its project.
  607         (d) A tax refund may not be approved for a qualified target
  608  industry business unless the required local financial support
  609  has been paid into the account for that refund. If the local
  610  financial support provided is less than 20 percent of the
  611  approved tax refund, the tax refund must be reduced. The tax
  612  refund may not exceed an amount equal to 5 times the amount of
  613  the local financial support received. The qualified target
  614  industry business must provide a report listing all sources of
  615  the local financial support to the department when such support
  616  is paid to the account.
  617         (e) The department, with such assistance as may be required
  618  from the Department of Revenue, shall, by June 30 following the
  619  scheduled date for submission of the tax refund claim, specify
  620  by written order the approval or disapproval of the tax refund
  621  claim and, if approved, the amount of the tax refund authorized
  622  to be paid to the qualified target industry business. The
  623  department may grant an extension of this date upon the request
  624  of the qualified target industry business for the purpose of
  625  filing additional information in support of the claim.
  626         (f) The total amount of tax refund claims approved by the
  627  department under this section in any fiscal year must not exceed
  628  the amount authorized under s. 288.095(3).
  629         (g) This section does not create a presumption that a tax
  630  refund claim will be approved and paid.
  631         (h) Upon approval of the tax refund under paragraphs (d)
  632  and (e), the Chief Financial Officer shall issue a warrant for
  633  the amount specified in the written order. If the written order
  634  is appealed, the Chief Financial Officer may not issue a warrant
  635  for a refund to the qualified target industry business until the
  636  conclusion of all appeals of that order.
  637         (6) ADMINISTRATION.—
  638         (a) The department may verify information provided in any
  639  claim submitted for tax credits under this section with regard
  640  to employment and wage levels or the payment of the taxes to the
  641  appropriate agency or authority, including the Department of
  642  Revenue or any local government or authority.
  643         (b) To facilitate the process of monitoring and auditing
  644  applications made under this section, the department may provide
  645  a list of qualified target industry businesses to the Department
  646  of Revenue or to any local government or authority. The
  647  department may request the assistance of those entities with
  648  respect to monitoring jobs, wages, and the payment of the taxes
  649  listed in subsection (3).
  650         (c) Funds specifically appropriated for tax refunds for
  651  qualified target industry businesses under this section may not
  652  be used by the department for any purpose other than the payment
  653  of tax refunds authorized by this section.
  654         Section 6. Section 288.095, Florida Statutes, is amended to
  655  read:
  656         288.095 Economic Development Trust Fund.—
  657         (1) The Economic Development Trust Fund is created within
  658  the Department of Economic Opportunity. Moneys deposited into
  659  the fund must be used only to support the authorized activities
  660  and operations of the department.
  661         (2) There is created, within the Economic Development Trust
  662  Fund, the Economic Development Incentives Account. The Economic
  663  Development Incentives Account consists of moneys appropriated
  664  to the account for purposes of the tax incentives programs
  665  authorized under ss. 288.066, 288.1045, and 288.106, and local
  666  financial support provided under ss. 288.066, 288.1045, and
  667  288.106. Moneys in the Economic Development Incentives Account
  668  shall be subject to the provisions of s. 216.301(1)(a).
  669         (3)(a) The department may approve applications for
  670  certification pursuant to ss. 288.066, 288.1045(3), and 288.106.
  671  However, the total state share of tax refund payments may not
  672  exceed $35 million.
  673         (b) The total amount of tax refund claims approved for
  674  payment by the department based on actual project performance
  675  may not exceed the amount appropriated to the Economic
  676  Development Incentives Account for such purposes for the fiscal
  677  year. Claims for tax refunds under ss. 288.066, 288.1045, and
  678  288.106 shall be paid in the order the claims are approved by
  679  the department. In the event the Legislature does not
  680  appropriate an amount sufficient to satisfy the tax refunds
  681  under ss. 288.066, 288.1045, and 288.106 in a fiscal year, the
  682  department shall pay the tax refunds from the appropriation for
  683  the following fiscal year. By March 1 of each year, the
  684  department shall notify the legislative appropriations
  685  committees of the Senate and House of Representatives of any
  686  anticipated shortfall in the amount of funds needed to satisfy
  687  claims for tax refunds from the appropriation for the current
  688  fiscal year.
  689         (c) Moneys in the Economic Development Incentives Account
  690  may be used only to pay tax refunds and make other payments
  691  authorized under s. 288.066, s. 288.1045, s. 288.106, or s.
  692  288.107.
  693         (d) The department may adopt rules necessary to carry out
  694  the provisions of this subsection, including rules providing for
  695  the use of moneys in the Economic Development Incentives Account
  696  and for the administration of the Economic Development
  697  Incentives Account.
  698         Section 7. Present subsections (3) and (4) of section
  699  288.101, Florida Statutes, are redesignated as subsections (4)
  700  and (5), respectively, a new subsection (3) is added to that
  701  section, and present subsection (3) of that section is amended,
  702  to read:
  703         288.101 Florida Job Growth Grant Fund.—
  704         (3) For the first quarter of each fiscal year, the
  705  department shall allocate an amount equal to 10 percent of the
  706  funds in the Florida Job Growth Grant Fund to projects within
  707  rural areas of opportunity.
  708         (4)(3) For purposes of this section:
  709         (a) “Infrastructure” means any fixed capital expenditure or
  710  fixed capital costs associated with the construction,
  711  reconstruction, or improvement of facilities that have a life
  712  expectancy of 5 or more years and any land acquisition, land
  713  improvement, design, and engineering costs related thereto.
  714  Facilities in this category include technical structures such as
  715  roads, bridges, tunnels, water supply, sewers, electrical grids,
  716  and telecommunications facilities.
  717         (b) “Public infrastructure” means infrastructure that is
  718  owned by the public, and is for public use or predominately
  719  benefits the public. If public infrastructure is leased or sold,
  720  it must be leased or sold at fair market rates or value.
  721         (c) “Rural area of opportunity” has the same meaning as in
  722  s. 288.0656(2)(d).
  723         (d) “Targeted industry” means any industry identified in
  724  the most recent list provided to the Governor, the President of
  725  the Senate, and the Speaker of the House of Representatives in
  726  accordance with s. 288.106(2)(q).
  727         Section 8. This act shall take effect July 1, 2022.