Senate Bill sb2168c1

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    Florida Senate - 2002                           CS for SB 2168

    By the Committee on Commerce and Economic Opportunities; and
    Senator Latvala




    310-2014-02

  1                      A bill to be entitled

  2         An act relating to brownfield redevelopment;

  3         amending s. 288.106, F.S.; eliminating local

  4         financial support for target industry and

  5         brownfield redevelopment bonus refunds;

  6         amending s. 288.107, F.S.; revising the

  7         criteria for participation in the bonus refund

  8         program; amending s. 376.80, F.S.; providing

  9         for certain unencumbered funds to be used for

10         grants related to certain brownfield sites;

11         providing an effective date.

12

13  Be It Enacted by the Legislature of the State of Florida:

14

15         Section 1.  Paragraph (a) of subsection (3) and

16  paragraph (a) of subsection (4) of section 288.106, Florida

17  Statutes, are amended to read:

18         288.106  Tax refund program for qualified target

19  industry businesses.--

20         (3)  APPLICATION AND APPROVAL PROCESS.--

21         (a)  To apply for certification as a qualified target

22  industry business under this section, the business must file

23  an application with the office before the business has made

24  the decision to locate a new business in this state or before

25  the business had made the decision to expand an existing

26  business in this state. The application shall include, but is

27  not limited to, the following information:

28         1.  The applicant's federal employer identification

29  number and the applicant's state sales tax registration

30  number.

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    Florida Senate - 2002                           CS for SB 2168
    310-2014-02




  1         2.  The permanent location of the applicant's facility

  2  in this state at which the project is or is to be located.

  3         3.  A description of the type of business activity or

  4  product covered by the project, including four-digit SIC codes

  5  for all activities included in the project.

  6         4.  The number of full-time equivalent jobs in this

  7  state that are or will be dedicated to the project and the

  8  average wage of those jobs. If more than one type of business

  9  activity or product is included in the project, the number of

10  jobs and average wage for those jobs must be separately stated

11  for each type of business activity or product.

12         5.  The total number of full-time equivalent employees

13  employed by the applicant in this state.

14         6.  The anticipated commencement date of the project.

15         7.  A brief statement concerning the role that the tax

16  refunds requested will play in the decision of the applicant

17  to locate or expand in this state.

18         8.  An estimate of the proportion of the sales

19  resulting from the project that will be made outside this

20  state.

21         9.  A resolution adopted by the governing board of the

22  county or municipality in which the project will be located,

23  which resolution recommends that certain types of businesses

24  be approved as a qualified target industry business and states

25  that the commitments of local financial support necessary for

26  the target industry business exist. In advance of the passage

27  of such resolution, the office may also accept an official

28  letter from an authorized local economic development agency

29  that endorses the proposed target industry project and pledges

30  that sources of local financial support for such project

31  exist. For the purposes of making pledges of local financial

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    Florida Senate - 2002                           CS for SB 2168
    310-2014-02




  1  support under this subsection, the authorized local economic

  2  development agency shall be officially designated by the

  3  passage of a one-time resolution by the local governing

  4  authority.

  5         9.10.  Any additional information requested by the

  6  office.

  7         (4)  TAX REFUND AGREEMENT.--

  8         (a)  Each qualified target industry business must enter

  9  into a written agreement with the office which specifies, at a

10  minimum:

11         1.  The total number of full-time equivalent jobs in

12  this state that will be dedicated to the project, the average

13  wage of those jobs, the definitions that will apply for

14  measuring the achievement of these terms during the pendency

15  of the agreement, and a time schedule or plan for when such

16  jobs will be in place and active in this state. This

17  information must be the same as the information contained in

18  the application submitted by the business under subsection

19  (3).

20         2.  The maximum amount of tax refunds which the

21  qualified target industry business is eligible to receive on

22  the project and the maximum amount of a tax refund that the

23  qualified target industry business is eligible to receive in

24  each fiscal year.

25         3.  That the office may review and verify the financial

26  and personnel records of the qualified target industry

27  business to ascertain whether that business is in compliance

28  with this section.

29         4.  The date after which, in each fiscal year, the

30  qualified target industry business may file an annual claim

31  under subsection (5).

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    Florida Senate - 2002                           CS for SB 2168
    310-2014-02




  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         Section 2.  Paragraph (e) of subsection (1) and

  9  paragraph (b) of subsection (3) of section 288.107, Florida

10  Statutes, are amended to read:

11         288.107  Brownfield redevelopment bonus refunds.--

12         (1)  DEFINITIONS.--As used in this section:

13         (e)  "Eligible business" means a qualified target

14  industry business as defined in s. 288.106(1)(o) or other

15  business that can demonstrate a fixed capital investment of at

16  least $2 million in mixed-use business activities, including

17  multiunit housing, commercial, retail, and industrial in

18  brownfield areas and which pays wages that are at least 60 80

19  percent of the average of all private sector wages in the

20  county in which the business is located.

21         (3)  CRITERIA.--The minimum criteria for participation

22  in the brownfield redevelopment bonus refund are:

23         (b)  The completion of a fixed capital investment of at

24  least $2 million in mixed-use business activities, including

25  multiunit housing, commercial, retail, and industrial in

26  brownfield areas and which pay wages that are at least 60 80

27  percent of the average of all private sector wages in the

28  county in which the business is located.

29         Section 3.  Subsection (13) is added to section 376.80,

30  Florida Statutes, to read:

31         376.80  Brownfield program administration process.--

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    Florida Senate - 2002                           CS for SB 2168
    310-2014-02




  1         (13)  Annually, any unencumbered funds remaining

  2  undisbursed on or at the close of the fiscal year on June 30

  3  from the Quick-Response Training Program, from brownfield

  4  redevelopment bonus refunds, and from unencumbered,

  5  undisbursed funds appropriated in the General Appropriations

  6  Act for cleanup of state-owned lands shall be used for grants

  7  to fund expenses relating to the assessment and remediation of

  8  brownfield sites within areas designated pursuant to this

  9  section for those jurisdictions that have United-States

10  Environmental-Protection-Agency brownfield pilot projects

11  designated prior to July 1, 1997. Grants shall be distributed

12  to eligible pilot projects under this section on a pro-rata

13  basis in an amount not to exceed $500,000 per pilot project,

14  provided that there is a total of at least $100,000 to

15  disburse.

16         Section 4.  This act shall take effect upon becoming a

17  law.

18

19          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
20                         Senate Bill 2168

21

22  The committee substitute substantively changes SB 2168 by
    amending the Brownfields Redevelopment Act to provide that
23  certain unencumbered, undisbursed funds relating to the
    Quick-Response Training Program, brownfield redevelopment
24  bonus refunds, and the cleanup of state-owned lands be used
    for grants to fund expenses relating to the assessment and
25  remediation of certain brownfield sites.

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