Senate Bill sb2008e1
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CS for CS for SB 2008 First Engrossed
1 A bill to be entitled
2 An act relating to economic development;
3 amending s. 212.13, F.S.; requiring freight
4 forwarders to provide warehouse receipts or
5 copies of airway bills or bills of lading for
6 certain purposes; providing receipt
7 requirements; requiring freight forwarders to
8 maintain certain records for a time certain;
9 providing for effect of such documentation;
10 providing a misdemeanor penalty for failing to
11 provide such documentation or maintain certain
12 records; amending s. 288.012, F.S.; changing
13 the date for submission of certain reports by
14 foreign offices; providing for the reports to
15 be compiled and submitted by Enterprise
16 Florida, Inc., as part of its annual report;
17 amending s. 288.095, F.S.; increasing the
18 amount of the total state share of tax refunds
19 that may be scheduled annually for payment
20 under the qualified target industry tax refund
21 program and the qualified defense contractor
22 tax refund program; revising the due date and
23 content for an annual report on incentives and
24 reassigning responsibility for such report to
25 Enterprise Florida, Inc.; amending s. 288.106,
26 F.S., relating to the tax refund program for
27 qualified target industry businesses; revising
28 requirements for application for certification
29 as such business with respect to the number of
30 current and new jobs at the business and
31 projections by the Office of Tourism, Trade,
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1 and Economic Development of refunds based
2 thereon; revising requirements relating to the
3 tax refund agreement with respect to job
4 creation and the time for filing of claims for
5 refund; revising provisions relating to annual
6 claims for refund; authorizing an extension of
7 time for signing the tax refund agreement;
8 providing an application deadline; revising
9 provisions relating to the order authorizing a
10 tax refund; revising conditions under which a
11 prorated tax refund will be approved; providing
12 for the calculation of such prorated tax
13 refund; specifying that the section does not
14 create a presumption that a claim will be
15 approved and paid; revising the agencies with
16 which the office may verify information and to
17 which the office may provide information;
18 expanding the purposes for which the office may
19 seek assistance from certain entities;
20 specifying that certain appropriations may not
21 be used for any purpose other than the payment
22 of specified tax refunds; amending s.
23 288.90151, F.S.; authorizing Enterprise
24 Florida, Inc., to hire an economic analysis
25 firm to assist with certain reporting
26 requirements; directing Enterprise Florida,
27 Inc., to hire a survey firm to assist with a
28 customer-satisfaction survey; conforming
29 changes; amending s. 288.905, F.S.; revising
30 the deadline for submission of updates or
31 modifications to the strategic plan developed
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1 by Enterprise Florida, Inc.; amending s.
2 288.980, F.S.; providing that grants by the
3 Office of Tourism, Trade, and Economic
4 Development to support activities related to
5 the retention of military installations
6 potentially affected by closure or realignment
7 must be from funds specifically appropriated
8 therefor; creating the "New Product Transfer
9 Enhancement Act"; creating s. 288.907, F.S.;
10 providing definitions; providing for licensing
11 of certain products or technologies by donor
12 companies to receiving companies for production
13 and marketing; providing duties of such
14 companies and of Enterprise Florida, Inc.;
15 providing requirements for product development
16 agreements; creating s. 220.115, F.S.;
17 requiring receiving companies to file a
18 corporate tax return and remit to the state
19 certain fees in addition to any corporate
20 income tax due; providing for application of
21 administrative and penalty provisions of ch.
22 220, F.S.; creating s. 220.1825, F.S.;
23 providing for a credit against the corporate
24 income tax for donor companies; providing for
25 determination of the amount of the credit by
26 Enterprise Florida, Inc., and notification to
27 the Department of Revenue; providing for
28 carryover of the credit; amending s. 220.02,
29 F.S.; providing order of credits against the
30 tax; creating s. 121.155, F.S.; providing
31 legislative findings relating to the
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1 relationship between availability of capital
2 and the development of high-technology
3 businesses; expressing legislative intent that
4 Florida Retirement System investments
5 complement economic development strategies;
6 requiring staff of the State Board of
7 Administration to review certain economic
8 development information; expanding annual
9 report requirements; amending s. 159.26, F.S.;
10 declaring, for purposes of the Florida
11 Industrial Development Financing Act, that the
12 information technology industry is vital to the
13 economy of the state; providing that the
14 advancement of information technology is a
15 purpose underlying the act; amending s. 159.27,
16 F.S.; redefining the term "project" to include
17 information technology facilities; defining the
18 term "information technology facility";
19 amending s. 159.705, F.S.; specifying that
20 certain entities may operate a project located
21 in a research and development park and financed
22 under the Florida Industrial Development
23 Financing Act; creating s. 240.1055, F.S.;
24 providing that the mission of the state system
25 of postsecondary education includes supporting
26 the economic development goals of the state;
27 expressing legislative intent; amending s.
28 240.710, F.S.; revising duties relating to the
29 Digital Media Education Coordination Group;
30 eliminating obsolete provisions; providing for
31 the group to submit an annual report; amending
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1 s. 288.108, F.S.; specifying that the
2 information technology sector is a high-impact
3 sector for the purposes of a grant program for
4 investments by certain businesses; providing
5 legislative intent relating to the provision of
6 state assistance to a not-for-profit
7 corporation created to advocate on behalf of
8 the information technology industry; creating
9 s. 288.9522, F.S.; creating the Florida
10 Research Consortium; providing legislative
11 intent related to the consortium; providing for
12 the organization, membership, purpose, powers,
13 and administration of the consortium; requiring
14 an annual report from the consortium and its
15 member universities; requiring Enterprise
16 Florida, Inc., to provide initial staff support
17 to the Florida Research Consortium; requiring
18 the Florida Research Consortium to report on
19 statutory and other factors affecting the
20 transfer and commercialization of technology
21 and the formation of relationships between
22 university employees and business entities;
23 prescribing elements of such report; requiring
24 the consortium to solicit the participation of
25 certain experts in the preparation of such
26 report; amending s. 445.045, F.S.; reassigning
27 responsibility for development and maintenance
28 of an information technology promotion and
29 workforce recruitment website to Workforce
30 Florida, Inc.; requiring consistency and
31 compatibility with other information systems;
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1 authorizing Workforce Florida, Inc., to secure
2 website services from outside entities;
3 requiring coordination of the information
4 technology website with other marketing,
5 promotion, and advocacy efforts; authorizing
6 Workforce Florida, Inc., to act through the
7 Agency for Workforce Innovation in fulfilling
8 its responsibilities related to the website;
9 directing the agency to provide such services
10 to Workforce Florida, Inc.; directing Workforce
11 Florida, Inc., to establish a pilot grant
12 program for youth internships in
13 high-technology fields, subject to legislative
14 appropriation; specifying the amount of a grant
15 under the program; providing for eligibility;
16 requiring an eligible business to submit an
17 internship work plan; specifying criteria for
18 evaluating an application for funding of an
19 internship; requiring Workforce Florida, Inc.,
20 to report the outcomes of the pilot program to
21 the Legislature; authorizing Workforce Florida,
22 Inc., to act through the Agency for Workforce
23 Innovation in fulfilling its responsibilities
24 related to the pilot program; directing the
25 agency to provide such services to Workforce
26 Florida, Inc.; providing legislative findings
27 and intent relating to establishment of
28 joint-use advanced digital-media research and
29 production facilities; authorizing the Office
30 of Tourism, Trade, and Economic Development to
31 create a program supporting establishment of
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1 such facilities; prescribing the purposes of
2 such facilities; specifying powers and duties
3 of the office relating to establishment of such
4 facilities; defining the term "digital media";
5 requiring a report to the Legislature on
6 recommended funding levels for such facilities;
7 authorizing the Board of Regents and the State
8 Board of Community Colleges, in implementing a
9 single, statewide computer-assisted student
10 advising system, to secure and enforce patents
11 on work products, enter into various
12 agreements, and sell or license work products;
13 requiring the Board of Regents and the State
14 Board of Community Colleges to submit certain
15 agreements to the Legislature; providing for
16 uses of any or all of the proceeds derived from
17 such activities; providing appropriations;
18 authorizing the Office of Tourism, Trade, and
19 Economic Development to use a portion of funds
20 appropriated for the Rural Community
21 Development Revolving Loan Fund for loan
22 activities on behalf of small citrus growers;
23 providing effective dates.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Effective January 1, 2002, subsection (1)
28 of section 212.13, Florida Statutes, is amended to read:
29 212.13 Records required to be kept; power to inspect;
30 audit procedure.--
31
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1 (1)(a) For the purpose of enforcing the collection of
2 the tax levied by this chapter, the department is hereby
3 specifically authorized and empowered to examine at all
4 reasonable hours the books, records, and other documents of
5 all transportation companies, agencies, or firms that conduct
6 their business by truck, rail, water, aircraft, or otherwise,
7 in order to determine what dealers, or other persons charged
8 with the duty to report or pay a tax under this chapter, are
9 importing or are otherwise shipping in articles or tangible
10 personal property which are liable for said tax. In the event
11 said transportation company, agency, or firm refuses to permit
12 such examination of its books, records, or other documents by
13 the department as aforesaid, it is guilty of a misdemeanor of
14 the first degree, punishable as provided in s. 775.082 or s.
15 775.083. If, however, any subsequent offense involves
16 intentional destruction of such records with an intent to
17 evade payment of or deprive the state of any tax revenues,
18 such subsequent offense shall be a felony of the third degree,
19 punishable as provided in s. 775.082 or s. 775.083. The
20 department shall have the right to proceed in any chancery
21 court to seek a mandatory injunction or other appropriate
22 remedy to enforce its right against the offender, as granted
23 by this section, to require an examination of the books and
24 records of such transportation company or carrier.
25 (b) Each freight forwarder operating in this state
26 shall provide a warehouse receipt for any tangible personal
27 property received from any person for the purpose of
28 transporting such property outside this state by air or water.
29 The warehouse receipt shall be provided to the person who
30 engages the freight forwarder to arrange such transportation
31 at the time the tangible personal property is delivered to the
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1 freight forwarder. The warehouse receipt shall contain the
2 name, address, and telephone number of the freight forwarder,
3 a preprinted warehouse receipt number, the date the property
4 was delivered to the freight forwarder, and a brief
5 description of the tangible personal property. Within 2 weeks
6 after the date the freight forwarder receives the airway bill
7 or bill of lading from the transportation company with whom
8 the freight forwarder has contracted to transport the tangible
9 personal property, the freight forwarder shall mail or deliver
10 the airway bill or bill of lading to the person for whom the
11 freight forwarder arranged transportation of the tangible
12 personal property. The warehouse receipt and airway bill or
13 bill of lading shall constitute evidence that the tangible
14 personal property was sold in a sale for export under s.
15 212.06(5)(a). A freight forwarder shall maintain a copy of
16 each such warehouse receipt, airway bill, and bill of lading
17 in its own records for a period of 3 years. Any freight
18 forwarder who fails to provide the documentation required by
19 this paragraph to a person who arranges air or water
20 transportation of tangible personal property through the
21 freight forwarder or who fails to maintain such required
22 documentation in its records as provided in this paragraph
23 commits a misdemeanor of the second degree, punishable as
24 provided in s. 775.082 or s. 775.083.
25 Section 2. Subsection (3) of section 288.012, Florida
26 Statutes, is amended to read:
27 288.012 State of Florida foreign offices.--The
28 Legislature finds that the expansion of international trade
29 and tourism is vital to the overall health and growth of the
30 economy of this state. This expansion is hampered by the lack
31 of technical and business assistance, financial assistance,
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1 and information services for businesses in this state. The
2 Legislature finds that these businesses could be assisted by
3 providing these services at State of Florida foreign offices.
4 The Legislature further finds that the accessibility and
5 provision of services at these offices can be enhanced through
6 cooperative agreements or strategic alliances between state
7 entities, local entities, foreign entities, and private
8 businesses.
9 (3) By December October 1 of each year, each foreign
10 office shall submit to the Office of Tourism, Trade, and
11 Economic Development a complete and detailed report on its
12 activities and accomplishments during the preceding fiscal
13 year. The reports must be compiled and submitted to the Office
14 of Tourism, Trade, and Economic Development on behalf of the
15 foreign offices by Enterprise Florida, Inc., as part of the
16 annual report of Enterprise Florida, Inc., required under s.
17 288.906. In a format provided by Enterprise Florida, Inc., the
18 report must set forth information on:
19 (a) The number of Florida companies assisted.
20 (b) The number of inquiries received about investment
21 opportunities in this state.
22 (c) The number of trade leads generated.
23 (d) The number of investment projects announced.
24 (e) The estimated U.S. dollar value of sales
25 confirmations.
26 (f) The number of representation agreements.
27 (g) The number of company consultations.
28 (h) Barriers or other issues affecting the effective
29 operation of the office.
30 (i) Changes in office operations which are planned for
31 the current fiscal year.
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1 (j) Marketing activities conducted.
2 (k) Strategic alliances formed with organizations in
3 the country in which the office is located.
4 (l) Activities conducted with other Florida foreign
5 offices.
6 (m) Any other information that the office believes
7 would contribute to an understanding of its activities.
8 Section 3. Paragraphs (a) and (c) of subsection (3) of
9 section 288.095, Florida Statutes, are amended to read:
10 288.095 Economic Development Trust Fund.--
11 (3)(a) The Office of Tourism, Trade, and Economic
12 Development may approve applications for certification
13 pursuant to ss. 288.1045(3) and 288.106. However, the total
14 state share of tax refund payments scheduled in all active
15 certifications for fiscal year 2000-2001 shall not exceed $24
16 million. The state share of tax refund payments scheduled in
17 all active certifications for fiscal year 2001-2002 may and
18 each subsequent year shall not exceed $30 million. The total
19 for each subsequent fiscal year may not exceed $35 million.
20 (c) By December 31 September 30 of each year,
21 Enterprise Florida, Inc., the Office of Tourism, Trade, and
22 Economic Development shall submit a complete and detailed
23 report to the Governor, the President of the Senate, the
24 Speaker of the House of Representatives, and the Office of
25 Tourism, Trade, and Economic Development board of directors of
26 Enterprise Florida, Inc., created under part VII of this
27 chapter, of all applications received, recommendations made to
28 the Office of Tourism, Trade, and Economic Development, final
29 decisions issued, tax refund agreements executed, and tax
30 refunds paid or other payments made under all programs funded
31 out of the Economic Development Incentives Account, including
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1 analyses of benefits and costs, types of projects supported,
2 and employment and investment created. Enterprise Florida,
3 Inc., The Office of Tourism, Trade, and Economic Development
4 shall also include a separate analysis of the impact of such
5 tax refunds on state enterprise zones designated pursuant to
6 s. 290.0065, rural communities, brownfield areas, and
7 distressed urban communities. By December 1 of each year, the
8 board of directors of Enterprise Florida, Inc., shall review
9 and comment on the report, and the board shall submit the
10 report, together with the comments of the board, to the
11 Governor, the President of the Senate, and the Speaker of the
12 House of Representatives. The report must discuss whether the
13 authority and moneys appropriated by the Legislature to the
14 Economic Development Incentives Account were managed and
15 expended in a prudent, fiducially sound manner. The Office of
16 Tourism, Trade, and Economic Development shall assist
17 Enterprise Florida, Inc. in the collection of data related to
18 business performance and incentive payments.
19 Section 4. Paragraphs (a) and (d) of subsection (3),
20 paragraphs (a) and (c) of subsection (4), and subsections (5)
21 and (6) of section 288.106, Florida Statutes, are amended to
22 read:
23 288.106 Tax refund program for qualified target
24 industry businesses.--
25 (3) APPLICATION AND APPROVAL PROCESS.--
26 (a) To apply for certification as a qualified target
27 industry business under this section, the business must file
28 an application with the office before the business has made
29 the decision to locate a new business in this state or before
30 the business had made the decision to expand an existing
31
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1 business in this state. The application shall include, but is
2 not limited to, the following information:
3 1. The applicant's federal employer identification
4 number and the applicant's state sales tax registration
5 number.
6 2. The permanent location of the applicant's facility
7 in this state at which the project is or is to be located.
8 3. A description of the type of business activity or
9 product covered by the project, including four-digit SIC codes
10 for all activities included in the project.
11 4. The number of net new full-time equivalent Florida
12 jobs at the qualified target industry business as of December
13 31 of each year included in this state that are or will be
14 dedicated to the project and the average wage of those jobs.
15 If more than one type of business activity or product is
16 included in the project, the number of jobs and average wage
17 for those jobs must be separately stated for each type of
18 business activity or product.
19 5. The total number of full-time equivalent employees
20 currently employed at the business unit, and if the business
21 unit is a member of a larger group of affiliated businesses,
22 an estimate of the total number of employees of these
23 affiliated businesses by the applicant in this state.
24 6. The anticipated commencement date of the project.
25 7. A brief statement concerning the role that the tax
26 refunds requested will play in the decision of the applicant
27 to locate or expand in this state.
28 8. An estimate of the proportion of the sales
29 resulting from the project that will be made outside this
30 state.
31
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1 9. A resolution adopted by the governing board of the
2 county or municipality in which the project will be located,
3 which resolution recommends that certain types of businesses
4 be approved as a qualified target industry business and states
5 that the commitments of local financial support necessary for
6 the target industry business exist. In advance of the passage
7 of such resolution, the office may also accept an official
8 letter from an authorized local economic development agency
9 that endorses the proposed target industry project and pledges
10 that sources of local financial support for such project
11 exist. For the purposes of making pledges of local financial
12 support under this subsection, the authorized local economic
13 development agency shall be officially designated by the
14 passage of a one-time resolution by the local governing
15 authority.
16 10. Any additional information requested by the
17 office.
18 (d) The office shall forward its written findings and
19 evaluation concerning each application meeting the
20 requirements of paragraph (b) to the director within 45
21 calendar days after receipt of a complete application. The
22 office shall notify each target industry business when its
23 application is complete, and of the time when the 45-day
24 period begins. In its written report to the director, the
25 office shall specifically address each of the factors
26 specified in paragraph (c) and shall make a specific
27 assessment with respect to the minimum requirements
28 established in paragraph (b). The office shall include in its
29 report projections of the tax refunds the business would be
30 eligible to receive refund claim that will be sought by the
31 target industry business in each fiscal year based on the
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1 creation and maintenance of the net new Florida jobs specified
2 in subparagraph (a)4. as of December 31 of the preceding state
3 fiscal year information submitted in the application.
4 (4) TAX REFUND AGREEMENT.--
5 (a) Each qualified target industry business must enter
6 into a written agreement with the office which specifies, at a
7 minimum:
8 1. The total number of full-time equivalent jobs in
9 this state that will be dedicated to the project, the average
10 wage of those jobs, the definitions that will apply for
11 measuring the achievement of these terms during the pendency
12 of the agreement, and a time schedule or plan for when such
13 jobs will be in place and active in this state. This
14 information must be the same as the information contained in
15 the application submitted by the business under subsection
16 (3).
17 2. The maximum amount of tax refunds which the
18 qualified target industry business is eligible to receive on
19 the project and the maximum amount of a tax refund that the
20 qualified target industry business is eligible to receive in
21 each fiscal year, based on the job creation and maintenance
22 schedule specified in subparagraph 1.
23 3. That the office may review and verify the financial
24 and personnel records of the qualified target industry
25 business to ascertain whether that business is in compliance
26 with this section.
27 4. The date by after which, in each fiscal year, the
28 qualified target industry business may file a an annual claim
29 under subsection (5) to be considered to receive a tax refund
30 in the following fiscal year.
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1 5. That local financial support will be annually
2 available and will be paid to the account. The director may
3 not enter into a written agreement with a qualified target
4 industry business if the local financial support resolution is
5 not passed by the local governing authority within 90 days
6 after he or she has issued the letter of certification under
7 subsection (3).
8 (c) The agreement must be signed by the director and
9 by an authorized officer of the qualified target industry
10 business within 120 days after the issuance of the letter of
11 certification under subsection (3), but not before passage and
12 receipt of the resolution of local financial support. The
13 office may grant an extension of this period at the written
14 request of the qualified target industry business.
15 (5) ANNUAL CLAIM FOR REFUND.--
16 (a) To be eligible to claim any scheduled tax refund,
17 a qualified target industry business that has entered into a
18 tax refund agreement with the office under subsection (4) must
19 may apply by January 31 of once each fiscal year to the office
20 for the a tax refund scheduled to be paid from the
21 appropriation for the fiscal year which begins on July 1
22 following the January 31 claims submission date. The office
23 may, upon written request, grant a 30-day extension of the
24 filing date. The application must be made on or after the date
25 specified in that agreement.
26 (b) The claim for refund by the qualified target
27 industry business must include a copy of all receipts
28 pertaining to the payment of taxes for which the refund is
29 sought and data related to achievement of each performance
30 item specified in the tax refund agreement. The amount
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1 requested as a tax refund may not exceed the amount specified
2 for the relevant that fiscal year in that agreement.
3 (c) A tax refund may not be approved for a qualified
4 target industry business unless the required local financial
5 support has been paid into the account for that refund in that
6 fiscal year. If the local financial support provided is less
7 than 20 percent of the approved tax refund, the tax refund
8 must be reduced. In no event may the tax refund exceed an
9 amount that is equal to 5 times the amount of the local
10 financial support received. Further, funding from local
11 sources includes any tax abatement granted to that business
12 under s. 196.1995 or the appraised market value of municipal
13 or county land conveyed or provided at a discount to that
14 business. The amount of any tax refund for such business
15 approved under this section must be reduced by the amount of
16 any such tax abatement granted or the value of the land
17 granted; and the limitations in subsection (2) and paragraph
18 (3)(f) must be reduced by the amount of any such tax abatement
19 or the value of the land granted. A report listing all sources
20 of the local financial support shall be provided to the office
21 when such support is paid to the account.
22 (d) A prorated tax refund, less a 5-percent penalty,
23 shall be approved for a qualified target industry business
24 provided all other applicable requirements have been satisfied
25 and the business proves to the satisfaction of the director
26 that it has achieved at least 80 percent of its projected
27 employment and that the average wage paid by the business is
28 at least 90 percent of the average wage specified in the tax
29 refund agreement, but in no case less than 115 percent of the
30 average private-sector wage in the area available at the time
31 of the claim, or 150 percent or 200 percent of the average
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1 private-sector wage if the business requested the additional
2 per job tax refund authorized in (2)(b) for wages above those
3 levels. The prorated tax refund shall be calculated by
4 multiplying the tax refund amount for which the qualified
5 target industry business would have been eligible, if all
6 applicable requirements had been satisfied, by the percentage
7 of the average employment specified in the tax refund
8 agreement which was achieved, and by the percentage of the
9 average wages specified in the tax refund agreement which was
10 achieved.
11 (e) The director, with such assistance as may be
12 required from the office, the Department of Revenue, or the
13 Agency for Workforce Innovation Department of Labor and
14 Employment Security, shall, by June 30 following the scheduled
15 date for the tax refund claim submission, specify by written
16 final order the approval or disapproval of the tax refund
17 claim and, if approved, the amount of the tax refund that is
18 authorized to be paid to for the qualified target industry
19 business for the fiscal year within 30 days after the date
20 that the claim for the annual tax refund is received by the
21 office. The office may grant an extension of this date on the
22 request of the qualified target industry business for the
23 purpose of filing additional information in support of the
24 claim.
25 (f) The total amount of tax refund claims approved by
26 the director under this section in any fiscal year must not
27 exceed the amount authorized under s. 288.095(3).
28 (g) Nothing in this section shall create a presumption
29 that a scheduled tax refund claim will be approved and paid.
30 (h)(g) Upon approval of the tax refund under
31 paragraphs (c), (d), and (e), the Comptroller shall issue a
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1 warrant for the amount specified in the final order. If the
2 final order is appealed, the Comptroller may not issue a
3 warrant for a refund to the qualified target industry business
4 until the conclusion of all appeals of that order.
5 (6) ADMINISTRATION.--
6 (a) The office is authorized to verify information
7 provided in any claim submitted for tax credits under this
8 section with regard to employment and wage levels or the
9 payment of the taxes to the appropriate agency or authority,
10 including the Department of Revenue, the Agency for Workforce
11 Innovation Department of Labor and Employment Security, or any
12 local government or authority.
13 (b) To facilitate the process of monitoring and
14 auditing applications made under this program, the office may
15 provide a list of qualified target industry businesses to the
16 Department of Revenue, to the Agency for Workforce Innovation
17 Department of Labor and Employment Security, or to any local
18 government or authority. The office may request the assistance
19 of those entities with respect to monitoring jobs and wages
20 and the payment of the taxes listed in subsection (2).
21 (c) Funds specifically appropriated for the tax refund
22 program for qualified target industry businesses shall not be
23 used for any purpose other than the payment of tax refunds
24 authorized by this section.
25 Section 5. Subsection (8) of section 288.90151,
26 Florida Statutes, is amended to read:
27 288.90151 Return on investment from activities of
28 Enterprise Florida, Inc.--
29 (8) Enterprise Florida, Inc., in consultation with the
30 Office of Program Policy Analysis and Government
31 Accountability, shall hire a private accounting firm or an
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1 economic analysis firm to develop the methodology for
2 establishing and reporting return-on-investment and in-kind
3 contributions as described in this section and a survey firm
4 to develop, analyze, and report on the results of the
5 customer-satisfaction survey. The Office of Program Policy
6 Analysis and Government Accountability shall review and offer
7 feedback on the methodology before it is implemented. The
8 firms used to satisfy the requirements of this subsection
9 private accounting firm shall certify whether the applicable
10 statements in the annual report comply with this subsection.
11 Section 6. Subsection (2) of section 288.905, Florida
12 Statutes, is amended to read:
13 288.905 Duties of the board of directors of Enterprise
14 Florida, Inc.--
15 (2) The board of directors shall, in conjunction with
16 the Office of Tourism, Trade, and Economic Development, the
17 Office of Urban Opportunities, and local and regional economic
18 development partners, develop a strategic plan for economic
19 development for the State of Florida. Such plan shall be
20 submitted to the Governor, the President of the Senate, the
21 Speaker of the House of Representatives, the Senate Minority
22 Leader, and the House Minority Leader and shall be updated or
23 modified before January 31 1 of each year. The plan must be
24 approved by the board of directors prior to submission to the
25 Governor and Legislature.
26 Section 7. Paragraph (a) of subsection (2) of section
27 288.980, Florida Statutes, is amended to read:
28 288.980 Military base retention; legislative intent;
29 grants program.--
30 (2)(a) The Office of Tourism, Trade, and Economic
31 Development is authorized to award grants from any funds
20
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1 specifically appropriated available to it to support
2 activities related to the retention of military installations
3 potentially affected by federal base closure or realignment.
4 Section 8. Sections 9 through 11 of this act may be
5 cited as the "New Product Transfer Enhancement Act."
6 Section 9. Effective January 1, 2002, section 288.907,
7 Florida Statutes, is created to read:
8 288.907 Licensing of products or technologies by donor
9 companies to receiving companies; tax credits.--
10 (1) The purpose of this section is to promote economic
11 growth by providing an incentive for corporations which have
12 developed or patented products or technologies they do not
13 wish to develop further to license those items to companies
14 located in Florida for production and marketing.
15 (2) As used in this section:
16 (a) "Annual statement of corporate tax credit" means
17 the statement produced by Enterprise Florida, Inc., for each
18 donor company listing the total amount of credit available to
19 the donor company for all of the product development
20 agreements it has entered into. This statement shall also
21 include any additional information specified in the product
22 development agreement.
23 (b) "Annual statement of fees due" means the statement
24 submitted by the receiving company to Enterprise Florida,
25 Inc., and the Department of Revenue each year, which lists the
26 amount of fees and royalties owed by it under the product
27 development agreement to the donor company for the preceding
28 calendar year. This statement shall contain any additional
29 information specified in the product development agreement.
30 (c) "Donor company" means an entity subject to the tax
31 imposed by chapter 220 which has developed or holds the patent
21
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1 for a product or technology that it does not wish to develop
2 itself and which has entered into a product development
3 agreement.
4 (d) "Product development agreement" means a contract
5 or series of contracts which provides the receiving company
6 with the right to produce and market a product or technology
7 which was developed or patented by the donor company.
8 (e) "Receiving company" means a business operating in
9 Florida which has entered into a product development agreement
10 for the purpose of obtaining the right to produce and market a
11 product or technology from a donor company.
12 (3) Enterprise Florida, Inc., shall actively seek out
13 corporations which may be interested in becoming donor
14 companies and Florida businesses which may be interested in
15 becoming receiving companies and attempt to facilitate the
16 formation of product development agreements.
17 (4) To qualify under this section, a product
18 development agreement shall specify that a minimum of 75
19 percent of the jobs created by the production of the new
20 product or technology shall be located in Florida. In
21 addition, the agreement shall specify the amount of
22 compensation to be remitted by the receiving company for the
23 license. The agreement shall further provide for submission by
24 the receiving company of an annual statement of fees due to
25 both Enterprise Florida, Inc., and the Department of Revenue
26 and specify the information to be included in the statement.
27 (5) Each receiving company shall submit an annual
28 statement of fees due to Enterprise Florida, Inc., and the
29 Department of Revenue by February 1 each year, in a format
30 approved by Enterprise Florida, Inc. Enterprise Florida, Inc.,
31 shall be responsible for producing an annual statement of
22
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1 corporate tax credit for each donor company using the
2 information contained in the statements. The corporate tax
3 credit for each donor company shall equal 94.5 percent of the
4 total of the amounts specified in the annual statements of
5 fees due from all receiving companies with which it has
6 entered a product development agreement. In any year the total
7 amount of credits granted under all annual statements of
8 corporate tax credit shall not exceed 94.5 percent of the
9 amount due to the state under all annual statements of fees
10 due.
11 (6) Enterprise Florida, Inc., shall send the annual
12 statement of corporate tax credit to each donor company by
13 March 1 each year. These statements shall contain the
14 information specified by the product development agreement.
15 Enterprise Florida, Inc., shall also submit to the Department
16 of Revenue a statement, in a format approved by the
17 department, which specifies the amount of tax credit due to
18 each donor company and the identities of the receiving
19 companies from which those credits originated.
20 Section 10. Effective January 1, 2002, section
21 220.115, Florida Statutes, is created to read:
22 220.115 Fees due from receiving companies pursuant to
23 s. 288.907.--In addition to the tax imposed by this chapter,
24 any company that has entered into a product development
25 agreement pursuant to s. 288.907 as a receiving company shall
26 remit to the state the funds listed as due on the annual
27 statement of fees due which the company has submitted to both
28 Enterprise Florida, Inc., and the Department of Revenue. Even
29 if no tax is due under this chapter and a return would not
30 normally be required, a Florida corporate income tax return
31 shall be filed by the receiving company, and the funds listed
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1 on the annual statement of fees due shall be remitted to the
2 department, subject to all filing requirements, fines, and
3 penalties specified for returns and taxes due under this
4 chapter. The Department of Revenue may adopt rules requiring
5 the information that it considers necessary to ensure that the
6 funds due under this section are properly reported and paid,
7 including, but not limited to, rules relating to the methods,
8 forms (including the filing of returns by the receiving
9 companies), deadlines, and penalties for providing the
10 information required under this section.
11 Section 11. Effective January 1, 2002, section
12 220.1825, Florida Statutes, is created to read:
13 220.1825 Credit for donor companies pursuant to s.
14 288.907.--Upon remittance of funds to the Department of
15 Revenue by a receiving company under s. 220.115, a credit
16 against the tax imposed by this chapter shall be allowed to
17 the donor company that has entered into a product development
18 agreement with that receiving company pursuant to s. 288.907,
19 which credit shall be limited to 94.5 percent of the amount
20 stated in the annual statement of corporate tax credit
21 provided to the company by Enterprise Florida, Inc. If any
22 credit granted under this section is not fully used in the
23 first year for which it becomes available, the unused amount
24 may be carried forward for a period not to exceed 5 years. The
25 Department of Revenue may adopt rules relating to the method
26 of reporting and claiming this credit.
27 Section 12. Effective January 1, 2002, subsection (8)
28 of section 220.02, Florida Statutes, is amended to read:
29 220.02 Legislative intent.--
30 (8) It is the intent of the Legislature that credits
31 against either the corporate income tax or the franchise tax
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1 be applied in the following order: those enumerated in s.
2 631.828, those enumerated in s. 220.191, those enumerated in
3 s. 220.181, those enumerated in s. 220.183, those enumerated
4 in s. 220.182, those enumerated in s. 220.1895, those
5 enumerated in s. 221.02, those enumerated in s. 220.184, those
6 enumerated in s. 220.186, those enumerated in s. 220.1845,
7 those enumerated in s. 220.19, and those enumerated in s.
8 220.185, and those enumerated in s. 220.1825.
9 Section 13. Section 121.155, Florida Statutes, is
10 created to read:
11 121.155 Investments in support of economic development
12 strategies; legislative findings and intent.--
13 (1) The Legislature finds that:
14 (a) The recruitment, retention, and expansion of
15 high-technology businesses are a principal economic
16 development strategy of the state.
17 (b) High-technology businesses have the potential to
18 contribute significantly to the prosperity of the state and
19 its residents through the creation of employment opportunities
20 and through the generation of revenues into the economy.
21 (c) A significant barrier to the growth of
22 high-technology businesses in the state is caused by a lack of
23 access to sources of capital to support the activities of such
24 businesses.
25 (d) The State Board of Administration, through the
26 investment of funds of the System Trust Fund, has the ability
27 to influence the availability of capital in the marketplace
28 for businesses located in the state.
29 (e) The investment of funds of the System Trust Fund
30 in a manner consistent with the economic development goals of
31
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1 the state enhances the prospects for fulfillment of such
2 goals.
3 (2) It is the intent of the Legislature that the State
4 Board of Administration, consistent with sound investment
5 policy and with the investment provisions set forth in ss.
6 215.44-215.53, maximize opportunities to invest and reinvest
7 available funds of the System Trust Fund in a manner that is
8 consistent with, and that supports fulfillment of, the
9 economic development strategies of the state, including
10 investing and reinvesting funds in support of the capital
11 needs of emerging and strategic high-technology businesses
12 located in the state. It is further the intent of the
13 Legislature that the State Board of Administration, in
14 supporting fulfillment of the economic development strategies
15 of the state, establish partnerships, where feasible, with
16 venture capital firms designed to facilitate investment of
17 venture capital in high-technology businesses located in this
18 state.
19 (3) Staff of the State Board of Administration shall
20 regularly solicit information from Enterprise Florida, Inc.,
21 on those high-technology business sectors that research
22 indicates have significant potential to contribute to the
23 economic development of the state and shall provide such
24 information to the Investment Advisory Council created under
25 s. 215.444.
26 (4) As part of the annual report required under s.
27 215.44, the State Board of Administration shall describe those
28 investment activities during the year in furtherance of the
29 findings and intent of this section.
30 Section 14. Section 159.26, Florida Statutes, is
31 amended to read:
26
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1 159.26 Legislative findings and purposes.--The
2 Legislature finds and declares that:
3 (1) The agriculture, tourism, urban development,
4 historic preservation, information technology, education, and
5 health care industries, among others, are vital to the economy
6 of the state and to the welfare of the people and need to be
7 enhanced and expanded to improve the competitive position of
8 the state;
9 (2) There is a need to enhance other economic activity
10 in the state by attracting manufacturing development, business
11 enterprise management, and other activities conducive to
12 economic promotion in order to provide a stronger, more
13 balanced, and stable economy in the state, while providing
14 through pollution control and otherwise for the health and
15 safety of the people;
16 (3) In order to improve the prosperity and welfare of
17 the state and its inhabitants; to improve education, living
18 conditions, and health care; to promote the preservation of
19 historic structures; to promote the rehabilitation of
20 enterprise zones; to promote improved transportation; to
21 promote effective and efficient pollution control throughout
22 the state; to promote the advancement of education and science
23 and research in and the economic development of the state; to
24 promote the advancement of information technology; and to
25 increase purchasing power and opportunities for gainful
26 employment, it is necessary and in the public interest to
27 facilitate the financing of the projects provided for in this
28 part and to facilitate and encourage the planning and
29 development of these projects without regard to the boundaries
30 between counties, municipalities, special districts, and other
31 local governmental bodies or agencies in order to more
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1 effectively and efficiently serve the interests of the
2 greatest number of people in the widest area practicable; and
3 (4) The purposes to be achieved by such projects and
4 the financing of them in compliance with the criteria and
5 requirements of this part are predominantly the public
6 purposes stated in this section, and such purposes implement
7 the governmental purposes under the State Constitution of
8 providing for the health, safety, and welfare of the people,
9 including implementing the purpose of s. 10(c), Art. VII of
10 the State Constitution.
11 Section 15. Subsection (5) of section 159.27, Florida
12 Statutes, is amended, and subsection is added to that section
13 to read:
14 159.27 Definitions.--The following words and terms,
15 unless the context clearly indicates a different meaning,
16 shall have the following meanings:
17 (5) "Project" means any capital project comprising an
18 industrial or manufacturing plant, a research and development
19 park, an information technology facility, an agricultural
20 processing or storage facility, a warehousing or distribution
21 facility, a headquarters facility, a tourism facility, a
22 convention or trade show facility, an urban parking facility,
23 a trade center, a health care facility, an educational
24 facility, a correctional or detention facility, a motion
25 picture production facility, a preservation or rehabilitation
26 of a certified historic structure, an airport or port
27 facility, a commercial project in an enterprise zone, a
28 pollution-control facility, a hazardous or solid waste
29 facility, a social service center, or a mass commuting
30 facility, including one or more buildings and other
31 structures, whether or not on the same site or sites; any
28
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1 rehabilitation, improvement, renovation, or enlargement of, or
2 any addition to, any buildings or structures for use as a
3 factory, a mill, a processing plant, an assembly plant, a
4 fabricating plant, an industrial distribution center, a
5 repair, overhaul, or service facility, a test facility, an
6 agricultural processing or storage facility, a warehousing or
7 distribution facility, a headquarters facility, a tourism
8 facility, a convention or trade show facility, an urban
9 parking facility, a trade center, a health care facility, an
10 educational facility, a correctional or detention facility, a
11 motion picture production facility, a preservation or
12 rehabilitation of a certified historic structure, an airport
13 or port facility, a commercial project in an enterprise zone,
14 a pollution-control facility, a hazardous or solid waste
15 facility, a social service center, or a mass commuting
16 facility, and other facilities, including research and
17 development facilities and information technology facilities,
18 for manufacturing, processing, assembling, repairing,
19 overhauling, servicing, testing, or handling of any products
20 or commodities embraced in any industrial or manufacturing
21 plant, in connection with the purposes of a research and
22 development park, or other facilities for or used in
23 connection with an agricultural processing or storage
24 facility, a warehousing or distribution facility, a
25 headquarters facility, a tourism facility, a convention or
26 trade show facility, an urban parking facility, a trade
27 center, a health care facility, an educational facility, a
28 correctional or detention facility, a motion picture
29 production facility, a preservation or rehabilitation of a
30 certified historic structure, an airport or port facility, or
31 a commercial project in an enterprise zone or for controlling
29
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1 air or water pollution or for the disposal, processing,
2 conversion, or reclamation of hazardous or solid waste, a
3 social service center, or a mass commuting facility; and
4 including also the sites thereof and other rights in land
5 therefor whether improved or unimproved, machinery, equipment,
6 site preparation and landscaping, and all appurtenances and
7 facilities incidental thereto, such as warehouses, utilities,
8 access roads, railroad sidings, truck docking and similar
9 facilities, parking facilities, office or storage or training
10 facilities, public lodging and restaurant facilities, dockage,
11 wharfage, solar energy facilities, and other improvements
12 necessary or convenient for any manufacturing or industrial
13 plant, research and development park, information technology
14 facility, agricultural processing or storage facility,
15 warehousing or distribution facility, tourism facility,
16 convention or trade show facility, urban parking facility,
17 trade center, health care facility, educational facility, a
18 correctional or detention facility, motion picture production
19 facility, preservation or rehabilitation of a certified
20 historic structure, airport or port facility, commercial
21 project in an enterprise zone, pollution-control facility,
22 hazardous or solid waste facility, social service center, or a
23 mass commuting facility and any one or more combinations of
24 the foregoing.
25 (25) "Information technology facility" means a
26 building or structure, including infrastructure such as roads,
27 power, water, network access points, and fiber optic cable
28 leading to the structure, which is used to house businesses
29 classified within the following codes of the North American
30 Industry Classification System (NAICS): 334111 (electronic
31 computer manufacturing), 334112 (computer storage device
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1 manufacturing), 334113 (computer terminal manufacturing),
2 334119 (other computer peripheral equipment manufacturing),
3 334613 (magnetic and optical recording media manufacturing),
4 334418 (printed circuit assembly manufacturing), 334411
5 (electron tube manufacturing), 334412 (bare printed circuit
6 board manufacturing), 334413 (semiconductor and related device
7 manufacturing), 334417 (electronic connector manufacturing),
8 334611 (software reproducing), 541512 (computer systems design
9 services), 51421 (data processing services), 514191 (on-line
10 information services), 811212 (computer and office machine
11 repair and maintenance), 44312 (computer and software
12 stores-retail), 541519 (other computer related services),
13 42143 (computer and computer peripheral equipment and software
14 wholesalers), 51121 (software publishers), 541511 (custom
15 computer programming services), and 61142 (computer training).
16 The term also includes joint-use advanced digital media
17 research and production facilities created pursuant to
18 authority from the Legislature for the Office of Tourism,
19 Trade, and Economic Development to administer a program
20 facilitating the establishment and maintenance of such digital
21 media facilities.
22 Section 16. Subsection (10) of section 159.705,
23 Florida Statutes, is amended to read:
24 159.705 Powers of the authority.--The authority is
25 authorized and empowered:
26 (10) Other provisions of law to the contrary
27 notwithstanding, to acquire by lease, without consideration,
28 purchase, or option any lands owned, administered, managed,
29 controlled, supervised, or otherwise protected by the state or
30 any of its agencies, departments, boards, or commissions for
31 the purpose of establishing a research and development park,
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1 subject to being first designated a research and development
2 authority under the provisions of ss. 159.701-159.7095. The
3 authority may cooperate with state and local political
4 subdivisions and with private profit and nonprofit entities to
5 implement the public purposes set out in s. 159.701. Such
6 cooperation may include agreements for the use of the
7 resources of state and local political subdivisions, agencies,
8 or entities on a fee-for-service basis or on a cost-recovery
9 basis. A project that is located in a research and development
10 park and is financed under the provisions of the Florida
11 Industrial Development Financing Act may be operated by a
12 research and development authority, a state university, a
13 Florida community college, or a governmental agency, provided
14 that the purpose and operation of such project is consistent
15 with the purposes and policies enumerated in ss.
16 159.701-159.7095.
17 Section 17. Section 240.1055, Florida Statutes, is
18 created to read:
19 240.1055 Economic development mission.--
20 (1) The Legislature finds that the state system of
21 postsecondary education contributes to the economic well-being
22 of the state and its people through the education and training
23 of individuals for employment, through research and
24 development of technologies that have commercial applications,
25 and through the provision of assistance to businesses based in
26 this state. The Legislature further finds that the quality and
27 activities of the state system of postsecondary education
28 directly affect the success of state, regional, and local
29 efforts to develop, recruit, retain, and expand businesses,
30 particularly high-technology businesses, that create jobs and
31 generate revenue. Therefore, as a fundamental component of the
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1 purpose and mission articulated in s. 240.105, the mission of
2 the state system of postsecondary education is to complement,
3 facilitate, and support the economic development strategies
4 and goals of the state and its communities.
5 (2) In recognition and furtherance of the economic
6 development mission of the state system of postsecondary
7 education, it is the policy of the state to use the patent
8 system and the technology-licensing operations of public
9 universities to promote the use of inventions arising from
10 funded research; to encourage to the maximum extent possible
11 the participation of businesses based in this state in
12 opportunities to commercialize technology; to promote
13 collaboration between businesses in this state and
14 universities; and to secure for the residents of this state
15 enhanced returns on the intellectual property developed by
16 public universities through funded research.
17 Section 18. Section 240.710, Florida Statutes, is
18 amended to read:
19 240.710 Digital Media Education Coordination Group.--
20 (1) The Division of Universities of the Department of
21 Education, or the division's successor entity, Board of
22 Regents shall create a Digital Media Education Coordination
23 Group composed of representatives of the universities within
24 the State University System that shall work in conjunction
25 with the Division Department of Education, the State Board of
26 Community Colleges, the Office of Tourism, Trade, and Economic
27 Development, and the Articulation Coordinating Committee on
28 the development of a plan to enhance Florida's ability to meet
29 the current and future workforce needs of the digital media
30 industry. The following purposes of the group shall be
31 included in its plan development process:
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1 (a) Coordination of the use of existing academic
2 programs and research and faculty resources to promote the
3 development of a digital media industry in this state.
4 (b) Address strategies to improve opportunities for
5 interdisciplinary study and research within the emerging field
6 of digital media through the development of tracts in existing
7 degree programs, new interdisciplinary degree programs, and
8 interdisciplinary research centers.
9 (c) Address the sharing of resources among
10 universities in such a way as to allow a student to take
11 courses from multiple departments or multiple educational
12 institutions in pursuit of competency, certification, and
13 degrees in digital information and media technology.
14 (2) Where practical, private accredited institutions
15 of higher learning in this state should be encouraged to
16 participate.
17 (3) In addition to the elements of the plan governed
18 by the purposes described in subsection (1), the plan shall
19 include, to the maximum extent practical, the coordination of
20 educational resources to be provided by distance learning and
21 shall facilitate to the maximum extent possible articulation
22 and transfer of credits between community colleges and the
23 state universities. The plan shall address student enrollment
24 in affected programs with emphasis on enrollment beginning as
25 early as fall term, 2001.
26 (3)(4) The Digital Media Education Coordination Group
27 shall submit an annual report of its activities with any
28 recommendations for policy implementation or funding to the
29 State Board of Education its plan to the President of the
30 Senate and the Speaker of the House of Representatives no
31 later than February 1 of each year January 1, 2001.
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1 Section 19. Paragraph (i) of subsection (6) of section
2 288.108, Florida Statutes, is amended to read:
3 288.108 High-impact business.--
4 (6) SELECTION AND DESIGNATION OF HIGH-IMPACT
5 SECTORS.--
6 (i) For the purposes of this subsection, the
7 semiconductor a high-impact sector consists of the silicon
8 technology sector and the information technology sector are
9 that Enterprise Florida, Inc., has found to be focused around
10 the type of high-impact businesses for which the incentive
11 created in this section subsection is designed. These sectors
12 required and will create the kinds of economic sector and
13 economy wide benefits that justify the use of state resources
14 as economic development incentives. Further, the use of state
15 resources to encourage investment in these sectors is
16 necessary to encourage these investments and require
17 substantial inducements to compete with the incentive packages
18 offered by other states and nations. For the purposes of this
19 subsection and s. 220.191, the term "information technology
20 sector" shall encompass, but not be limited to, the digital
21 media sector as defined by Enterprise Florida, Inc., and
22 approved by the Office of Tourism, Trade, and Economic
23 Development.
24 Section 20. The Legislature finds that the Information
25 Services Technology Development Task Force created under
26 chapter 99-354, Laws of Florida, performed an integral role in
27 analyzing and recommending policies to facilitate the
28 beneficial development and deployment of information
29 technology on a statewide basis. It is the intent of the
30 Legislature that, upon the dissolution of the task force
31 effective July 1, 2001, the state solicit continued policy
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1 guidance and direction from a not-for-profit corporation
2 created to advocate on behalf of information technology
3 businesses and other high-technology businesses throughout the
4 state and which does business under the name "itflorida.com,
5 Inc." It further is the intent of the Legislature that the
6 State Technology Office; the Office of Tourism, Trade, and
7 Economic Development; and Enterprise Florida, Inc., facilitate
8 the formation and initial operation of such corporation to the
9 maximum extent feasible and that such organizations use the
10 corporation as a resource for information and insights about
11 the information technology industry and other high-technology
12 industries.
13 Section 21. Effective upon this act becoming a law,
14 section 288.9522, Florida Statutes, is created to read:
15 288.9522 Florida Research Consortium.--
16 (1) CREATION; INTENT.--
17 (a) There is created the Florida Research Consortium,
18 which shall be organized and operated as a not-for-profit
19 corporation in compliance with chapter 617. The consortium
20 shall serve as an entity for uniting businesses and
21 universities in the state in order to enhance economic
22 development through the development and commercialization of
23 science and technology and for targeting the activities of
24 such universities toward fulfillment of the economic
25 development goals of the state.
26 (b) It is the intent of the Legislature that the
27 Florida Research Consortium complement, and not supplant, any
28 elements of the governance structure for the state system of
29 post-secondary education. It further is the intent of the
30 Legislature that the consortium operate as a private
31 corporation and not as an agency of state government. It also
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1 is the intent of the Legislature that the state provide a
2 framework for and facilitate the creation and initial
3 operation of the consortium, but that ultimately the
4 consortium function as a dynamic, independent entity that
5 identifies and implements activities to fulfill strategies
6 developed by its board of directors.
7 (2) BOARD OF DIRECTORS.--The Florida Research
8 Consortium shall be governed by a board of directors comprised
9 of the following members:
10 (a) Ten chief executive officers of businesses based
11 in this state who are appointed by the Governor. Initially, of
12 the 10 chief executive officers, the Governor shall appoint 5
13 members for terms of 4 years, 3 members for terms of 3 years,
14 and 2 members for terms of 2 years. Thereafter, the Governor
15 shall appoint all members for terms of 4 years.
16 (b) Two chief executive officers of businesses based
17 in this state who are appointed by the President of the Senate
18 and who serve at the pleasure of the President.
19 (c) Two chief executive officers of businesses based
20 in this state who are appointed by the Speaker of the House of
21 Representatives and who serve at the pleasure of the Speaker.
22 (d) The presidents of the following universities:
23 1. University of Florida;
24 2. Florida State University;
25 3. University of Central Florida;
26 4. University of South Florida;
27 5. Florida Atlantic University;
28 6. Florida International University;
29 7. Florida Agricultural and Mechanical University;
30 8. University of North Florida;
31 9. Florida Gulf Coast University;
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1 10. University of West Florida; and
2 11. University of Miami.
3 (e) The president of Enterprise Florida, Inc.
4 (f) The president of Workforce Florida, Inc.
5 (g) One representative each from two not-for-profit
6 research institutes located in the state which are not public
7 or private universities, who are appointed by the Governor for
8 terms of 4 years.
9 (h) The Governor or the Governor's designee, who shall
10 serve as an ex officio, nonvoting member.
11 (i) The Commissioner of Education or the
12 commissioner's designee, who shall serve as an ex officio,
13 non-voting member.
14
15 The voting members of the board of directors shall biennially
16 elect one of the voting members of the board to serve as the
17 chairman of the board. All members appointed under paragraphs
18 (a), (b), (c), and (g) are subject to Senate confirmation.
19 (3) PURPOSE.--The purpose of the Florida Research
20 Consortium is to support economic development in the state by
21 linking the research capabilities of member universities with
22 the needs and activities of private businesses in the state
23 and by fostering the development and growth of scientific and
24 technology-based industry and commerce in this state.
25 (4) POWERS AND DUTIES.--The powers and duties of the
26 board of directors of the Florida Research Consortium shall
27 include, but not be limited to:
28 (a) Raising funds from nonstate sources to leverage
29 any appropriations from the Legislature;
30 (b) Identifying three specific disciplines in science
31 or technology which shall be the focus of the activities of
38
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1 the consortium, with such disciplines being narrowly defined
2 and being viable areas of potential success for the state from
3 an economic development and academic perspective;
4 (c) Developing and implementing strategies to recruit
5 and retain preeminent researchers in science and
6 technology-based disciplines to universities in the state,
7 with such strategies including but not being limited to the
8 endowment of faculty or research chairs at universities in the
9 state in the disciplines identified under paragraph (b);
10 (d) Developing and implementing strategies to recruit
11 and retain graduate and undergraduate students in science and
12 technology-based disciplines to universities in the state;
13 (e) Assisting new and expanding science and
14 technology-based businesses with their research, technology
15 commercialization, capital, and workforce needs;
16 (f) Developing and implementing strategies to increase
17 the state's share of research funds;
18 (g) Identifying statutory, regulatory, policy, or
19 other barriers impeding the effective, efficient, and timely
20 transfer of technology and commercialization of research from
21 the university setting and proposing resolutions to such
22 barriers, including reforms to university policies on issues
23 such as conflicts of interest;
24 (h) Developing and implementing strategies to create a
25 culture at member universities which promotes the conduct of
26 applied research and the transfer of technology as fundamental
27 activities of such universities;
28 (i) Developing measures to assess the performance of
29 the technology transfer offices of the member universities in
30 facilitating the transfer of technology to businesses in the
31 state;
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1 (j) Facilitating discussions, meetings, and other
2 forms of communication among university researchers, faculty,
3 administrators, and students; high technology businesses in
4 the state; and economic-development professionals;
5 (k) Establishing and maintaining an Internet-based
6 database for the marketing, publication, and exchange of
7 information with the public and private sectors on basic,
8 applied, and other research being conducted at universities in
9 the state;
10 (1) Coordinating donations of equipment from
11 high-technology businesses to secondary schools;
12 (m) Hiring an executive director and other staff for
13 the Florida Research Consortium; and
14 (n) Meeting at least four times each calendar year,
15 with the first meeting of the board of directors being held by
16 July 1, 2001.
17 (5) ANNUAL REPORT.--
18 (a) By January 1 of each year, the Florida Research
19 Consortium shall submit a report of its activities and
20 accomplishments for the year to the Governor, the President of
21 the Senate, and the Speaker of the House of Representatives.
22 The report shall also include specific recommendations
23 regarding actions the state could take to enhance the
24 commercialization of research and transfer of technologies
25 from the universities and to enhance the role of universities
26 in accomplishing the economic development goals of the state.
27 (b) By December 1 of each year, the technology
28 transfer office of each university that is a member of the
29 Florida Research Consortium shall report to the board of
30 directors on the activities of the office during the year
31 related to facilitating the transfer of technology to
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1 businesses and on its other activities related to building
2 relationships between university researchers, faculty,
3 students, and administrators and businesses in the state. The
4 report must include information on the achievement by the
5 office of the performance measures identified under paragraph
6 (4)(i). The board of directors shall summarize the information
7 provided by the technology transfer offices as part of the
8 annual report by the board under paragraph (a).
9 Section 22. (1) Enterprise Florida, Inc., shall
10 provide staff support to the Florida Research Consortium
11 created under section 288.9522, Florida Statutes, to assist
12 the board of directors of the consortium with the initial
13 organization and operation of the consortium, until such time
14 as the board of directors of the consortium hires an executive
15 director or other staff.
16 (2) This section shall take effect upon this act
17 becoming a law.
18 Section 23. (1) The Legislature finds that promoting
19 objectivity in research at public universities is important to
20 ensure that conflicts of interest do not compromise the
21 responsibility of faculty, researchers, staff, and students to
22 the state and the public educational institutions they
23 represent. The Legislature also finds, however, that the
24 transfer of technology from the university setting to the
25 private sector produces economic development benefits for the
26 state and its citizens and is a laudable public policy goal of
27 the state. The Legislature further finds that such transfer of
28 technology is facilitated by encouraging communication and
29 relationships between university employees and business
30 entities. Therefore, it is the intent of the Legislature that
31 public universities in the state operate under policies and
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1 procedures that safeguard the public trust but that also
2 facilitate the transfer of technology by not unduly burdening
3 the building of relationships between university employees and
4 business entities.
5 (2) The Florida Research Consortium created under
6 section 288.9522, Florida Statutes, shall report to the
7 Governor, the President of the Senate, and the Speaker of the
8 House of Representatives by January 1, 2002, on the impact of
9 existing statutes, regulations, policies, and procedures, as
10 well as other factors the consortium identifies, on the
11 transfer and commercialization of technology from the
12 university setting to the private sector and on the ability of
13 university faculty, researchers, other staff, and students to
14 establish relationships with business entities emanating from
15 research conducted at the universities. The report shall
16 include specific recommendations for actions by the
17 Legislature, universities, and state agencies to enhance and
18 promote the transfer and commercialization of technology to
19 produce economic development benefits for the state and its
20 residents. At a minimum, this report must:
21 (a) Examine the code of ethics for public officers and
22 employees under part III of chapter 112, Florida Statutes, to
23 identify any specific provisions that impede the transfer and
24 commercialization of technology and recommend any changes to
25 the code that the consortium deems necessary to address such
26 impediments.
27 (b) Assess the strengths and weaknesses of technology
28 transfer and commercialization policies and practices of the
29 member universities of the consortium and identify any
30 exemplars.
31
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1 (c) Review technology transfer and commercialization
2 policies and practices in other states to identify models for
3 potential adoption in this state.
4 (d) Examine federal statutes and regulations governing
5 conflicts of interest and disclosure of significant financial
6 interests by researchers who apply for or receive federal
7 research funds and recommend whether comparable statutory or
8 regulatory provisions should be adopted in this state.
9 (e) Analyze the provisions of the federal Bayh-Dole
10 Act and related legislation and recommend whether any
11 comparable provisions should be adopted in this state.
12 (f) Assess the advantages and disadvantages of
13 adopting policies and practices related to the transfer and
14 commercialization of technology on a statewide basis versus at
15 the individual university level.
16 (3) The consortium shall solicit the participation in
17 the preparation of this report of individuals who have
18 expertise related to the transfer and commercialization of
19 technology but who are not members of the consortium.
20 (4) This section shall take effect upon this act
21 becoming a law.
22 Section 24. Section 445.045, Florida Statutes, is
23 amended to read:
24 445.045 Development of an Internet-based system for
25 information technology industry promotion and workforce
26 recruitment.--
27 (1) Workforce Florida, Inc., The Department of Labor
28 and Employment Security shall be responsible for directing
29 facilitate efforts to ensure the development and maintenance
30 of a website that promotes and markets the information
31 technology industry in this state. The website shall be
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1 designed to inform the public concerning the scope of the
2 information technology industry in the state and shall also be
3 designed to address the workforce needs of the industry. The
4 website shall include, through links or actual content,
5 information concerning information technology businesses in
6 this state, including links to such businesses; information
7 concerning employment available at these businesses; and the
8 means by which a jobseeker may post a resume on the website.
9 (2) Workforce Florida, Inc., The Department of Labor
10 and Employment Security shall coordinate with the State
11 Technology Office and the Agency for Workforce Innovation
12 Workforce Development Board of Enterprise Florida, Inc., to
13 ensure links, where feasible and appropriate, to existing job
14 information websites maintained by the state and state
15 agencies and to ensure that information technology positions
16 offered by the state and state agencies are posted on the
17 information technology website.
18 (3) Workforce Florida, Inc., shall ensure that the
19 website developed and maintained under this section is
20 consistent, compatible, and coordinated with the workforce
21 information systems required under s. 445.011, including, but
22 not limited to, the automated job-matching information system
23 for employers, job seekers, and other users.
24 (4)(a) Workforce Florida, Inc., shall coordinate
25 development and maintenance of the website under this section
26 with the state's Chief Information Officer in the State
27 Technology Office to ensure compatibility with the state's
28 information system strategy and enterprise architecture.
29 (b) Workforce Florida, Inc., may enter into an
30 agreement with the State Technology Office, the Agency for
31 Workforce Innovation, or any other public agency with the
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1 requisite information technology expertise for the provision
2 of design, operating, or other technological services
3 necessary to develop and maintain the website.
4 (c) Workforce Florida, Inc., may procure services
5 necessary to implement the provisions of this section,
6 provided, however, that it employs competitive processes,
7 including requests for proposals, competitive negotiation, and
8 other competitive processes to ensure that the procurement
9 results in the most cost-effective investment of state funds.
10 (5) In furtherance of the requirements under this
11 section that the website promote and market the information
12 technology industry by communicating information on the scope
13 of the industry in this state, Workforce Florida, Inc., shall
14 coordinate its efforts with the high-technology industry
15 marketing efforts of Enterprise Florida, Inc., under s.
16 288.911. Through links or actual content, the website
17 developed under this section shall serve as a forum for
18 distributing the marketing campaign developed by Enterprise
19 Florida, Inc., under s. 288.911. In addition, Workforce
20 Florida, Inc., shall solicit input from the not-for-profit
21 corporation created to advocate on behalf of the information
22 technology industry as an outgrowth of the Information Service
23 Technology Development Task Force created under chapter
24 99-354, Laws of Florida.
25 (6) In fulfilling its responsibilities under this
26 section, Workforce Florida, Inc., may enlist the assistance of
27 and act through the Agency for Workforce Innovation. The
28 agency is authorized and directed to provide such services as
29 Workforce Florida, Inc., and the agency deem necessary to
30 implement this section.
31
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1 Section 25. Pilot grant program for youth
2 internships.--
3 (1) Subject to legislative appropriation, Workforce
4 Florida, Inc., shall establish a pilot matching grant program
5 that is designed to encourage high-technology businesses to
6 employ, train, and mentor financially needy youth through
7 internships completed under the direct supervision of the
8 eligible business. Under this program, Workforce Florida,
9 Inc., may award grants to an eligible business for the benefit
10 of a named eligible youth. Part of the purpose of the program
11 shall be to help financially needy youth acquire and develop
12 information technology skills in order to help close the
13 "digital divide."
14 (2) Grant funds awarded under this program shall be
15 used to supplement the stipend of the eligible youth and must
16 be matched by contributions from the eligible business. The
17 maximum grant amount that may be awarded on behalf of a single
18 eligible youth at one time is $2,000. Workforce Florida, Inc.,
19 may establish limitations on the total number of internship
20 grants that may be awarded to a single eligible business or
21 that may be awarded on behalf of a single eligible youth.
22 (3) An eligible business under this program includes
23 any sole proprietorship, firm, partnership, or corporation in
24 this state that is in the information technology sector,
25 health technology sector, or other high-technology sector that
26 the board of directors of Workforce Florida, Inc., in
27 consultation with Enterprise Florida, Inc., determines is
28 strategically important to the economic development goals of
29 the state.
30 (4) An eligible youth under this program includes a
31 student between the ages of 15 and 18 who is currently
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1 enrolled at a high school in Florida and who has not been
2 previously employed within the preceding 12 months by the
3 eligible business, or a successor business, applying for
4 matching funds under this program. The youth must be a member
5 of a family that includes a parent with one or more minor
6 children or a caretaker with one or more minor children and
7 that is at risk of welfare dependency because the family's
8 income does not exceed 200 percent of the federal poverty
9 level.
10 (5)(a) As part of an application for funding under
11 this program, an eligible business must submit an internship
12 work plan that describes:
13 1. The work to be performed by the eligible youth;
14 2. The anticipated number of hours per week the
15 eligible youth will work;
16 3. The total hourly stipend to be paid to eligible
17 youth, with a description of the portion of the stipend
18 proposed to be paid by the eligible business and the portion
19 of the stipend proposed to be paid by the state;
20 4. The anticipated term of the internship;
21 5. The training and supervision to be provided by the
22 eligible business, particularly in terms of skill development
23 of the youth related to computers and other information
24 technologies;
25 6. The impact of the grant funds on the ability of the
26 eligible business to employ the eligible youth through the
27 internship; and
28 7. The prospects for unsubsidized employment of the
29 youth after the internship period concludes.
30 (b) An application for funding must also identify the
31 eligible youth to be hired under the internship and include
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1 information to demonstrate that the eligible youth satisfies
2 the requirements of subsection (4).
3 (6) Workforce Florida, Inc., shall establish
4 guidelines governing the administration of this program which
5 facilitate access to the program by businesses and shall
6 establish criteria to be used in evaluating an application for
7 funding and the internship plan accompanying the application
8 as required under subsection (5). Such criteria must include,
9 but need not be limited to:
10 (a) The nature of the work to be performed by the
11 eligible youth;
12 (b) The potential experience and skills to be acquired
13 by the eligible youth, particularly related to computers and
14 other information technologies, as identified by Workforce
15 Florida, Inc., which may help address the digital divide;
16 (c) Whether the eligible business is classified in one
17 of the business sectors identified by Enterprise Florida,
18 Inc., as being strategically important to the economic
19 development efforts of the state or is classified in a
20 business sector identified as being strategically important to
21 the particular regional or local area in which the business is
22 located;
23 (d) The supervision, training, and counseling to be
24 provided to the eligible youth as part of the internship;
25 (e) The demonstrated need of the eligible business and
26 the amount of matching funds to be provided by the eligible
27 business; and
28 (f) The extent to which the internship has potential
29 to result in permanent employment with the eligible business
30 at the completion of the internship or anytime thereafter.
31
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1 (7) Before allocating funds for any grant application
2 under this program, Workforce Florida, Inc., shall execute a
3 simplified grant agreement with the eligible business. Such
4 agreement must include provisions for Workforce Florida, Inc.,
5 to have access to information about the performance of
6 eligible youth upon completion of the internship.
7 (8) Workforce Florida, Inc., shall ensure that any
8 forms or reports associated with this program which a business
9 or individual is required to complete are as concise and
10 simple to complete as practicable.
11 (9) Before the 2003 legislative session, Workforce
12 Florida, Inc., shall prepare a report describing the outcomes
13 of the pilot program authorized under this section. The report
14 must include a recommendation as to whether the Legislature
15 should continue to fund the program and on any changes
16 necessary to enhance the program. The report must be submitted
17 to the Governor, the President of the Senate, and the Speaker
18 of the House of Representatives by January 31, 2003.
19 (10) In fulfilling its responsibilities under this
20 section, Workforce Florida, Inc., may enlist the assistance of
21 and act through the Agency for Workforce Innovation. The
22 agency is authorized and directed to provide such services as
23 Workforce Florida, Inc., and the agency deem necessary to
24 implement this section.
25 Section 26. Joint-Use Advanced Digital-Media Research
26 and Production Facilities.--
27 (1) The Legislature finds that developments in digital
28 media are having, and will continue to have, a profound effect
29 on the state, its people, and its businesses in areas
30 including, but not limited to, information technology,
31 simulation technology, and film and entertainment production
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1 and distribution. The digital-media industry represents a
2 strategic economic development opportunity for the state to
3 become a global leader in this emerging and dynamic field. The
4 ability of the state to succeed in developing the
5 digital-media sector, however, depends upon having a workforce
6 with skills necessary to meet the demands of the industry. The
7 Legislature further finds that the convergence of media and
8 the collaboration of businesses and multi-disciplinary
9 academic research programs will enable this state to compete
10 more successfully with other digital-media innovation centers
11 around the country and around the world. Therefore, it is the
12 intent of the Legislature to support the establishment and
13 maintenance of joint-use advanced digital-media research and
14 production facilities in the state to provide regional focal
15 points for collaboration between research and education
16 programs and digital-media industries.
17 (2) Subject to legislative appropriation, the Office
18 of Tourism, Trade, and Economic Development is authorized to
19 create and administer a program to facilitate the
20 establishment and maintenance of joint-use advanced
21 digital-media research and production facilities at strategic
22 locations around the state. The office shall administer all
23 facets of this program in cooperation and consultation with
24 the Office of the Film Commissioner; Enterprise Florida, Inc.;
25 Workforce Florida, Inc.; the Digital Media Education
26 Coordination Group of the State University System; and a
27 not-for-profit corporation that represents information
28 technology businesses throughout the state.
29 (3) The purposes of a joint-use advanced digital-media
30 research and production facility shall include:
31
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1 (a) Creating opportunities for industry, academia, and
2 government to benefit from student and researcher involvement
3 in applied research and development projects and other
4 projects related to digital media.
5 (b) Promoting paths to future employment for students
6 participating in the activities of the facility.
7 (c) Contributing to the development of a skilled
8 workforce to support the needs of the digital-media industry.
9 (d) Facilitating the transfer of research results to
10 commercial and government applications.
11 (e) Integrating the efforts and activities of the
12 diverse, high-technology industries in the state that are
13 critical to the economic future of the state.
14 (f) Assisting producers, suppliers, and distributors
15 to make the transition from well-established passive media
16 infrastructure to a highly interactive and immersive media
17 infrastructure.
18 (g) Performing other functions or activities designed
19 to contribute to the success of the state in becoming a leader
20 in the digital-media industry, as approved by the Office of
21 Tourism, Trade, and Economic Development.
22 (4) In carrying out its responsibilities under this
23 section, the Office of Tourism, Trade, and Economic
24 Development:
25 (a) Shall develop a strategic plan for how joint-use
26 advanced digital-media research and production facilities will
27 be governed and for how such facilities will be funded in the
28 long term. The office may contract for the preparation of the
29 strategic plan required by this paragraph.
30 (b) May contract for the establishment of joint-use
31 advanced digital-media research and production facilities. In
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1 identifying, approving, and executing such contracts, the
2 office shall attempt to maximize the use and integration of
3 existing facilities and programs in the state that are
4 suitable for application as joint-use advanced digital-media
5 facilities. Funds awarded under such contracts may be used to
6 lease or refurbish existing facilities to create
7 state-of-the-art digital-media design, production, and
8 research laboratories that shall be shared by public and
9 private educational institutions and industry partners.
10 (c) Shall ensure that funds appropriated for the
11 program authorized in this section are expended in a manner
12 consistent with the priority needs for developing the
13 digital-media industry in this state, as identified by the
14 organizations listed in subsection (2).
15 (d) Shall require any entity or organization receiving
16 state funding under this section to match such funding with
17 non-state sources.
18 (e) Shall require any joint-use advanced digital-media
19 research and production facility receiving state funds to
20 submit for approval by the office a detailed plan for the
21 operation of such facility. Such operating plan must, at a
22 minimum, include provisions for the establishment of a tenant
23 association, with representation by each tenant using the
24 facility, and for the collection of annual dues from tenants
25 to support the operation and maintenance of the facility.
26 (f) Shall require any joint-use advanced digital-media
27 research and production facility receiving state funding to
28 submit an annual report to the office by a date established by
29 the office. Upon receipt of such annual reports, the office
30 shall provide copies to the Governor, the President of the
31 Senate, and the Speaker of the House of Representatives.
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1 (g) Shall establish guidelines and criteria governing
2 the application for and receipt of funds under this section.
3 (h) May, as part of the annual report on the business
4 climate of the state required under section 14.2015, Florida
5 Statutes, recommend to the Legislature policies designed to
6 enhance the effectiveness of the program for joint-use
7 advanced digital-media research and production facilities or
8 policies designed to otherwise promote the development of the
9 digital-media industry in the state.
10 (5) For the purposes of this section, the term
11 "digital media" is defined as a discipline based on the
12 creative convergence of art, science, and technology for human
13 expression, communication, and social interaction. The Office
14 of Tourism, Trade, and Economic Development, in cooperation
15 and consultation with the organizations identified in
16 subsection (2), shall identify specific types of businesses or
17 types of business activity to be included within the term
18 "digital media."
19 Section 27. The Office of Tourism, Trade, and Economic
20 Development, the Office of the Film Commissioner, and the
21 Digital Media Education Coordination Group shall jointly
22 report to the President of the Senate and the Speaker of the
23 House of Representatives by December 1, 2001, on recommended
24 funding levels for the program to facilitate establishment and
25 maintenance of joint-use advanced digital-media research and
26 production facilities as authorized by this act. The report
27 must include options based on different funding levels and
28 information on the number and types of facilities that the
29 organizations estimate could be established under each funding
30 option. The report also must include an assessment of the
31 long-term costs associated with operating such facilities and
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1 an assessment of non-state funding sources that could be
2 accessed to support establishment and maintenance of such
3 facilities.
4 Section 28. (1) In implementing the single, statewide
5 computer-assisted student advising system required under
6 section 240.2099, Florida Statutes, the Board of Regents and
7 the State Board of Community Colleges may:
8 (a) Perform all things necessary to secure letters of
9 patent, copyrights, and trademarks on any work products and
10 enforce their rights with respect thereto.
11 (b) Enter into binding agreements with organizations,
12 corporations, or government entities to license, lease,
13 assign, or otherwise give written consent to any person, firm,
14 corporation, or agency for the use of the single, statewide,
15 computer-assisted student advising system and collect
16 royalties or any other consideration that the boards find
17 proper.
18 (c) Sell or license any such work products and execute
19 all instruments necessary to consummate the sale or license.
20 (2) The Board of Regents and the State Board of
21 Community Colleges shall submit to the President of the Senate
22 and the Speaker of the House of Representatives any agreement
23 relating to this section. The President and Speaker may review
24 the terms of the agreement and respond with comments for 30
25 days after receipt of an agreement; after that time, the
26 agreement is binding.
27 (3) All or a portion of the proceeds derived from
28 activities authorized under this section may be expended for
29 developing the next generation of on-line student services,
30 maintaining and operating the system, and acquiring statewide
31 licenses for related software. Proceeds in excess of that
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1 necessary to support such expenditures may be deposited in the
2 State Treasury to support need-based student aid or to support
3 information technology infrastructure.
4 Section 29. The unexpended balance of funds from
5 section 38 of chapter 2000-164, Laws of Florida, authorized to
6 reimburse eligible companies for sales tax payments made on
7 equipment specifically associated with the creation of a
8 network access point, is reappropriated for fiscal year
9 2001-2002 to the Department of Revenue for reimbursement of
10 such sales tax payments as provided in section 212.08(5),
11 Florida Statutes.
12 Section 30. There is appropriated from the General
13 Revenue Fund to the Office of Tourism, Trade, and Economic
14 Development the sum of $100,000 in fiscal year 2001-2002 for
15 use by the Florida Research Consortium created under section
16 288.9522, Florida Statutes, for the purposes specified in such
17 section.
18 Section 31. There is appropriated from the Employment
19 Security Administration Trust Fund to the Agency for Workforce
20 Innovation the sum of $200,000 in fiscal year 2001-2002 for
21 use by Workforce Florida, Inc., in implementing the pilot
22 matching grant program for youth internships as provided in
23 this act. The source of these funds is the Temporary
24 Assistance for Needy Families block grant.
25 Section 32. Notwithstanding any other provision of
26 law, the Office of Tourism, Trade, and Economic Development
27 may use up to $500,000 of the amount appropriated by the
28 Legislature in fiscal year 2001-2002 to the office for the
29 Rural Community Development Revolving Loan Fund under section
30 288.065, Florida Statutes, to provide loans, loan guarantees,
31 or loan loss reserves, consistent with the requirements and
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1 intent of such section, through units of local government to
2 small citrus growers in rural counties or rural communities to
3 assist such growers in upgrading machinery and equipment in
4 order to make their farming operations more viable and
5 sustainable.
6 Section 33. Except as otherwise provided, this act
7 shall take effect July 1, 2001.
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