Florida Senate - 2011                CS for CS for CS for SB 248
       
       
       
       By the Committees on Budget; Budget Subcommittee on
       Transportation, Tourism, and Economic Development
       Appropriations; and Community Affairs; and Senators Gaetz,
       Montford, and Evers
       
       576-02364A-11                                          2011248c3
    1                        A bill to be entitled                      
    2         An act relating to economic recovery from the
    3         Deepwater Horizon disaster; amending s. 14.2015, F.S.;
    4         defining the term “Disproportionally Affected County”;
    5         creating a process for the Office of Tourism, Trade,
    6         and Economic Development to waive any or all job or
    7         wage eligibility requirements under certain
    8         circumstances when in the best interest of the public;
    9         amending s. 220.191, F.S.; waiving the requirement
   10         that a facility located in a Disproportionally
   11         Affected County be in a high-impact sector in order to
   12         qualify for the capital investment tax credit;
   13         amending s. 288.106, F.S.; creating a process for the
   14         Office of Tourism, Trade, and Economic Development to
   15         waive wage or local financial support eligibility
   16         requirements; providing a special incentive under the
   17         tax refund program for a limited time for a qualified
   18         target industry business that relocates from another
   19         state to a Disproportionally Affected County; creating
   20         s. 252.363, F.S.; tolling and extending the expiration
   21         dates of certain building permits or other
   22         authorizations following the declaration of a state of
   23         emergency by the Governor; providing exceptions;
   24         providing for the laws, administrative rules, and
   25         ordinances in effect when the permit was issued to
   26         apply to activities described in a permit or other
   27         authorization; providing an exception; amending s.
   28         253.02, F.S.; requiring the Board of Trustees of the
   29         Internal Improvement Trust Fund to recommend to the
   30         Legislature whether existing multistate compacts for
   31         mutual aid should be modified or if a new multistate
   32         compact is necessary to address the Deepwater Horizon
   33         event or similar future incidents; requiring that the
   34         Board of Trustees of the Internal Improvement Trust
   35         Fund appoint members to the Commission on Oil Spill
   36         Response Coordination; providing for the designation
   37         of the chair of the commission by the Governor;
   38         requiring the commission to prepare a report for
   39         review and approval by the board of trustees;
   40         specifying the subject matter of the report; providing
   41         for future expiration; defining the term
   42         “Disproportionally Affected County”; providing an
   43         appropriation to the Office of Tourism, Trade, and
   44         Economic Development to contract with Florida’s Great
   45         Northwest, Inc., in order to develop and implement an
   46         economic development program for a Disproportionally
   47         Affected County; specifying a preference for a
   48         Disproportionally Affected County or municipalities
   49         within a Disproportionally Affected County which
   50         provide for expedited or combined permitting for
   51         certain purposes; providing for the appropriation to
   52         be placed in reserve by the Executive Office of the
   53         Governor for release as authorized by law or the
   54         Legislative Budget Commission; defining the term
   55         “Disproportionally Affected County”; providing for the
   56         deposit of funds received by entities involved in the
   57         Deepwater Horizon oil spill into applicable state
   58         trust funds; specifying permissible uses of such
   59         funds; designating the Department of Environmental
   60         Protection as the lead agency for expending funds for
   61         environmental restoration; designating the Office of
   62         Tourism, Trade, and Economic Development as the lead
   63         agency for funds designated for economic incentives
   64         and diversification efforts; authorizing the holder of
   65         a lease of sovereignty submerged lands to apply to the
   66         Department of Environmental Protection for the payment
   67         or the reimbursement of lease fees for the period of
   68         the state of emergency for the Deepwater Horizon oil
   69         spill; specifying conditions for eligibility;
   70         requiring an application to the Department of
   71         Environmental Protection; requiring the Chief
   72         Financial Officer to use the full extent of the law to
   73         recover payments from the responsible party or other
   74         independently administered claims process; providing a
   75         short title for certain sections of the act; providing
   76         an effective date.
   77  
   78  Be It Enacted by the Legislature of the State of Florida:
   79  
   80         Section 1. Subsection (11) is added to section 14.2015,
   81  Florida Statutes, to read:
   82         14.2015 Office of Tourism, Trade, and Economic Development;
   83  creation; powers and duties.—
   84         (11)(a) For purposes of this section, the term
   85  “Disproportionally Affected County” means Bay County, Escambia
   86  County, Franklin County, Gulf County, Okaloosa County, Santa
   87  Rosa County, Walton County, or Wakulla County.
   88         (b) When the Office of Tourism, Trade, and Economic
   89  Development determines it is in the best interest of the public
   90  for reasons of facilitating economic development, growth, or new
   91  employment opportunities within a Disproportionally Affected
   92  County, the Office of Tourism, Trade, and Economic Development
   93  may between July 1, 2011, and June 30, 2014, waive any or all
   94  job or wage eligibility requirements under s. 288.063, s.
   95  288.065, s. 288.0655, s. 288.0657, s. 288.0659, s. 288.107, s.
   96  288.108, s. 288.1081, s. 288.1088, or s. 288.1089 up to the
   97  cumulative amount of $5 million of all state incentives received
   98  per project. Prior to granting such waiver, the director of the
   99  Office of Tourism, Trade, and Economic Development shall file
  100  with the Governor a written statement of the conditions and
  101  circumstances constituting the reason for the waiver.
  102         (c) When the Office of Tourism, Trade, and Economic
  103  Development determines it is in the best interest of the public
  104  for reasons of facilitating economic development, growth, or new
  105  employment opportunities within a Disproportionally Affected
  106  County, the Office of Tourism, Trade, and Economic Development
  107  may between July 1, 2011, and June 30, 2014, waive any or all
  108  job or wage eligibility requirements under s. 288.063, s.
  109  288.065, s. 288.0655, s. 288.0657, s. 288.0659, s. 288.107, s.
  110  288.108, s. 288.1081, s. 288.1088, or s. 288.1089 for cumulative
  111  amounts in excess of $5 million but less than $10 million of all
  112  state incentives received per project. Prior to granting such
  113  waiver, the Office of Tourism, Trade, and Economic Development
  114  shall file with the Governor, the President of the Senate, and
  115  the Speaker of the House of Representatives a written statement
  116  of the conditions and circumstances constituting the reason for
  117  the waiver, and requesting written concurrence within 5 business
  118  days to the Governor from the President of the Senate and the
  119  Speaker of the House of Representatives. Without such
  120  concurrence, the waiver shall not occur.
  121         (d) The Office of Tourism, Trade, and Economic Development
  122  is not authorized under this paragraph to waive job and wage
  123  eligibility requirements under s. 288.063, s. 288.065, s.
  124  288.0655, s. 288.0657, s. 288.0659, s. 288.107, s. 288.108, s.
  125  288.1081, s. 288.1088, or s. 288.1089 for cumulative amounts $10
  126  million or more in state incentives received per project.
  127         Section 2. Paragraph (h) of subsection (1) of section
  128  220.191, Florida Statutes, is amended to read:
  129         220.191 Capital investment tax credit.—
  130         (1) DEFINITIONS.—For purposes of this section:
  131         (h) “Qualifying project” means a facility in this state
  132  meeting one or more of the following criteria:
  133         1. A new or expanding facility in this state which creates
  134  at least 100 new jobs in this state and is in one of the high
  135  impact sectors identified by Enterprise Florida, Inc., and
  136  certified by the office pursuant to s. 288.108(6), including,
  137  but not limited to, aviation, aerospace, automotive, and silicon
  138  technology industries. However, between July 1, 2011, and June
  139  30, 2014, the requirement that a facility be in a high-impact
  140  sector is waived for any otherwise eligible business from
  141  another state which locates all or a portion of its business to
  142  a Disproportionally Affected County as defined in s. 14.2015.;
  143         2. A new or expanded facility in this state which is
  144  engaged in a target industry designated pursuant to the
  145  procedure specified in s. 288.106(2)(t) and which is induced by
  146  this credit to create or retain at least 1,000 jobs in this
  147  state, provided that at least 100 of those jobs are new, pay an
  148  annual average wage of at least 130 percent of the average
  149  private sector wage in the area as defined in s. 288.106(2), and
  150  make a cumulative capital investment of at least $100 million
  151  after July 1, 2005. Jobs may be considered retained only if
  152  there is significant evidence that the loss of jobs is imminent.
  153  Notwithstanding subsection (2), annual credits against the tax
  154  imposed by this chapter may shall not exceed 50 percent of the
  155  increased annual corporate income tax liability or the premium
  156  tax liability generated by or arising out of a project
  157  qualifying under this subparagraph. A facility that qualifies
  158  under this subparagraph for an annual credit against the tax
  159  imposed by this chapter may take the tax credit for a period not
  160  to exceed 5 years.; or
  161         3. A new or expanded headquarters facility in this state
  162  which locates in an enterprise zone and brownfield area and is
  163  induced by this credit to create at least 1,500 jobs that which
  164  on average pay at least 200 percent of the statewide average
  165  annual private sector wage, as published by the Agency for
  166  Workforce Innovation or its successor, and which new or expanded
  167  headquarters facility makes a cumulative capital investment in
  168  this state of at least $250 million.
  169         Section 3. Present subsection (8) of section 288.106,
  170  Florida Statutes, is renumbered as subsection (9), and a new
  171  subsection (8) is added to that section, to read:
  172         288.106 Tax refund program for qualified target industry
  173  businesses.—
  174         (8) SPECIAL INCENTIVES.—When the Office of Tourism, Trade,
  175  and Economic Development determines it is in the best interest
  176  of the public for reasons of facilitating economic development,
  177  growth, or new employment opportunities within a
  178  Disproportionally Affected County, the Office of Tourism, Trade,
  179  and Economic Development may between July 1, 2011, and June 30,
  180  2014, waive any or all wage or local financial support
  181  eligibility requirements and allow a qualified target industry
  182  business from another state which locates all or a portion of
  183  its business to a Disproportionally Affected County as defined
  184  in s. 14.2015 to receive a tax refund payment of up to $6,000
  185  multiplied by the number of jobs specified in the tax refund
  186  agreement under subparagraph (5)(a)1. over the term of the
  187  agreement. Prior to granting such waiver, the director of the
  188  Office of Tourism, Trade, and Economic Development shall file
  189  with the Governor a written statement of the conditions and
  190  circumstances constituting the reason for the waiver. Such
  191  business shall be eligible for the additional tax refund
  192  payments specified in subparagraph (3)(b)4. if it meets the
  193  criteria.
  194         Section 4. Section 252.363, Florida Statutes, is created to
  195  read:
  196         252.363Tolling and extension of permits and other
  197  authorizations.—
  198         (1)(a) The declaration of a state of emergency by the
  199  Governor tolls the period remaining to exercise the rights under
  200  a permit or other authorization for the duration of the
  201  emergency declaration. Further, the emergency declaration
  202  extends the period remaining to exercise the rights under a
  203  permit or other authorization for 6 months in addition to the
  204  tolled period. This paragraph applies to the following:
  205         1. The expiration of a development order issued by a local
  206  government.
  207         2. The expiration of a building permit.
  208         3. The expiration of a permit issued by the Department of
  209  Environmental Protection or a water management district pursuant
  210  to part IV of chapter 373.
  211         4. The buildout date of a development of regional impact,
  212  including any extension of a buildout date that was previously
  213  granted pursuant to s. 380.06(19)(c).
  214         (b) Within 90 days after the termination of the emergency
  215  declaration, the holder of the permit or other authorization
  216  shall notify the issuing authority of the intent to exercise the
  217  tolling and extension granted under paragraph (a). The notice
  218  must be in writing and identify the specific permit or other
  219  authorization qualifying for extension.
  220         (c) If the permit or other authorization for a phased
  221  construction project is extended, the commencement and
  222  completion dates for any required mitigation are extended such
  223  that the mitigation activities occur in the same timeframe
  224  relative to the phase as originally permitted.
  225         (d) This subsection does not apply to:
  226         1. A permit or other authorization for a building,
  227  improvement, or development located outside the geographic area
  228  for which the declaration of a state of emergency applies.
  229         2. A permit or other authorization under any programmatic
  230  or regional general permit issued by the Army Corps of
  231  Engineers.
  232         3. The holder of a permit or other authorization who is
  233  determined by the authorizing agency to be in significant
  234  noncompliance with the conditions of the permit or other
  235  authorization through the issuance of a warning letter or notice
  236  of violation, the initiation of formal enforcement, or an
  237  equivalent action.
  238         4. A permit or other authorization that is subject to a
  239  court order specifying an expiration date or buildout date that
  240  would be in conflict with the extensions granted in this
  241  section.
  242         (2) A permit or other authorization that is extended shall
  243  be governed by the laws, administrative rules, and ordinances in
  244  effect when the permit was issued, unless any party or the
  245  issuing authority demonstrates that operating under those laws,
  246  administrative rules, or ordinances will create an immediate
  247  threat to the public health or safety.
  248         (3) This section does not restrict a county or municipality
  249  from requiring property to be maintained and secured in a safe
  250  and sanitary condition in compliance with applicable laws,
  251  administrative rules, or ordinances.
  252         Section 5. Subsection (6) is added to section 253.02,
  253  Florida Statutes, to read:
  254         253.02 Board of trustees; powers and duties.—
  255         (6) The board of trustees shall report to the Legislature
  256  its recommendations as to whether any existing multistate
  257  compact for mutual aid should be modified or whether the state
  258  should enter into a new multistate compact to address the
  259  impacts of the Deepwater Horizon event or potentially similar
  260  future incidents. The report shall be submitted to the
  261  Legislature by February 1, 2012, and updated annually thereafter
  262  for 5 years.
  263         Section 6. Commission on Oil Spill Response Coordination.—
  264         (1) The Board of Trustees of the Internal Improvement Trust
  265  Fund shall appoint a commission consisting of a representative
  266  of the office of each board member, a representative of each
  267  state agency that directly and materially responded to the
  268  Deepwater Horizon disaster, and the chair of the board of county
  269  commissioners of each of the following counties: Bay County,
  270  Escambia County, Franklin County, Gulf County, Okaloosa County,
  271  Santa Rosa County, Walton County, and Wakulla County. The
  272  Governor shall select the chair of the commission from among the
  273  appointees.
  274         (2) The commission shall prepare a report for review and
  275  approval by the board of trustees which:
  276         (a) Identifies potential changes to state and federal law
  277  and regulations which will improve the oversight and monitoring
  278  of offshore drilling activities and increase response
  279  capabilities to offshore oil spills.
  280         (b) Identifies potential changes to state and federal law
  281  and regulations which will improve protections for public health
  282  and safety, occupational health and safety, and the environment
  283  and natural resources.
  284         (c) Evaluates the merits of the establishment of a federal
  285  Gulf-wide disaster relief fund.
  286         (d) Evaluates the need for a unified and uniform advocacy
  287  process for damage claims.
  288         (e) Evaluates the need for changes to interstate
  289  coordination agreements in order to reduce the potential for
  290  damage claims and lawsuits.
  291         (f) Addresses any other related issues as determined by the
  292  commission.
  293         (3) The board of trustees shall deliver the report to the
  294  Governor, the President of the Senate, the Speaker of the House
  295  of Representatives, the Secretary of Environmental Protection,
  296  and the director of the Office of Tourism, Trade, and Economic
  297  Development by September 1, 2012.
  298         (4) This section expires September 30, 2012.
  299         Section 7. (1) For purposes of this section, the term
  300  “Disproportionally Affected County” means Bay County, Escambia
  301  County, Franklin County, Gulf County, Okaloosa County, Santa
  302  Rosa County, Walton County, or Wakulla County.
  303         (2) There is appropriated for the 2011-2012 fiscal year the
  304  sum of $10 million in recurring funds from the General Revenue
  305  Fund to the Office of Tourism, Trade, and Economic Development.
  306  The Office of Tourism, Trade, and Economic Development shall use
  307  these funds to execute a $10 million contract with Florida’s
  308  Great Northwest, Inc., or with an affiliated entity established
  309  to support oil spill recovery efforts in the eight
  310  Disproportionally Affected Counties, for the charitable purpose
  311  of developing and implementing an innovative economic
  312  development program for promoting research and development,
  313  commercialization of research, economic diversification, and job
  314  creation in a Disproportionally Affected County.
  315         (3) The contract between the Office of Tourism, Trade, and
  316  Economic Development and Florida’s Great Northwest, Inc., or
  317  such affiliated entity shall, at a minimum, require Florida’s
  318  Great Northwest Inc., or such affiliated entity to report
  319  quarterly to the Office of Tourism, Trade, and Economic
  320  Development and to collaborate with educational entities,
  321  economic development organizations, local governments, and
  322  relevant state agencies to create a program framework and
  323  strategy, including specific criteria governing the expenditure
  324  of funds. The criteria for the expenditure of funds shall, at a
  325  minimum, require a funding preference for any Disproportionally
  326  Affected County and any municipality within a Disproportionally
  327  Affected County which provides for expedited permitting in order
  328  to promote research and development, commercialization of
  329  research, economic diversification, and job creation within
  330  their respective jurisdictions. The criteria for the expenditure
  331  of funds shall, at a minimum, also require a funding preference
  332  for any Disproportionally Affected County and any municipality
  333  within a Disproportionally Affected County which combines its
  334  permitting processes and expedites permitting in order to
  335  promote research and development, commercialization of research,
  336  economic diversification, and job creation within their
  337  respective jurisdictions.
  338         (4) None of the funds appropriated in this section may be
  339  used for administrative costs of Florida’s Great Northwest,
  340  Inc., or such affiliated entity.
  341         (5) The funds appropriated in this section shall be placed
  342  in reserve by the Executive Office of the Governor, and may be
  343  released as authorized by law or the Legislative Budget
  344  Commission.
  345         Section 8. (1) For purposes of this section, the term
  346  “Disproportionally Affected County” means Bay County, Escambia
  347  County, Franklin County, Gulf County, Okaloosa County, Santa
  348  Rosa County, Walton County, or Wakulla County.
  349         (2) Any funds received by the state from any governmental
  350  or private entity for damages caused by the Deepwater Horizon
  351  oil spill shall be deposited into the applicable state trust
  352  funds and expended pursuant to state law or as approved by the
  353  Legislative Budget Commission.
  354         (3) Seventy-five percent of such moneys may be used for:
  355         (a) Scientific research into the impact of the oil spill on
  356  fisheries and coastal wildlife and vegetation along any
  357  Disproportionally Affected County’s shoreline and the
  358  development of strategies to implement restoration measures
  359  suggested by such research;
  360         (b) Environmental restoration of coastal areas damaged by
  361  the oil spill in any Disproportionally Affected County;
  362         (c) Economic incentives directed to any Disproportionally
  363  Affected County; and
  364         (d) Initiatives to expand and diversify the economies of
  365  any Disproportionally Affected County.
  366         (4) The remaining 25 percent of such moneys may be used
  367  for:
  368         (a) Scientific research into the impact of the oil spill on
  369  fisheries and coastal wildlife and vegetation along any of the
  370  state’s shoreline that is not a Disproportionally Affected
  371  County’s shoreline, and the development of strategies to
  372  implement restoration measures suggested by such research;
  373         (b) Environmental restoration of coastal areas damaged by
  374  the oil spill in any county other than a Disproportionally
  375  Affected County;
  376         (c) Economic incentives directed to any county other than a
  377  Disproportionally Affected County; and
  378         (d) Initiatives to expand and diversify the economies of
  379  any county other than a Disproportionally Affected County.
  380         (5)(a) The Department of Environmental Protection is the
  381  lead agency for expending the funds designated for environmental
  382  restoration efforts.
  383         (b) The Office of Tourism, Trade, and Economic Development
  384  is the lead agency for expending the funds designated for
  385  economic incentives and diversification efforts.
  386         Section 9. (1)The holder of a lease of sovereignty
  387  submerged lands may apply to the Department of Environmental
  388  Protection for reimbursement of lease fees paid for the lease of
  389  sovereignty submerged lands or for the payment of those lease
  390  fees by the responsible party or any other independently
  391  administered claims process if the leaseholder:
  392         (a) Is in substantial compliance with the lease conditions,
  393  excluding lease payments due during a state of emergency
  394  declared by the Governor related to the Deepwater Horizon oil
  395  spill; and
  396         (b) Has received payment for an economic loss due to the
  397  Deepwater Horizon oil spill from the responsible party or other
  398  independently administered claims process which did not include
  399  reimbursement for lease fees paid or funds to pay the lease
  400  fees.
  401         (2) An application for reimbursement to the Department of
  402  Environmental Protection must include documentation of:
  403         (a)An economic loss due to the Deepwater Horizon oil spill
  404  which has impaired the leaseholder’s ability to pay lease fees.
  405  Such documentation may include a copy of a claim filed with the
  406  responsible party or any other independently administered claims
  407  process;
  408         (b)The filing of a claim for loss or injury with the
  409  responsible party, as defined in s. 376.031, Florida Statutes,
  410  or any other independently administered claims process;
  411         (c)The receipt of compensation, if any, from the
  412  responsible party or any other independently administered claims
  413  process which did not reimburse the leaseholder for lease fees
  414  paid to the credit of the Internal Improvement Trust Fund or did
  415  not include funds to pay the lease fees; and
  416         (d) The amount of the claim. The amount of the claim is
  417  limited to the pro rata amount of lease fees for the period of a
  418  state of emergency declared by the Governor related to the
  419  Deepwater Horizon oil spill for the county in which the lease
  420  was located.
  421         (3)Applications shall be submitted to the Department of
  422  Environmental Protection on forms provided by the department.
  423  Payments received from the responsible party or any other
  424  independently administered claims process shall be applied to
  425  the approved applications received by the Department of
  426  Environmental Protection during the corresponding fiscal year.
  427  Applications shall be processed by the Department of
  428  Environmental Protection until such time as all claims have been
  429  processed by the responsible party or any other independently
  430  administered claims process.
  431         (4)The Department of Environmental Protection shall post
  432  on its website a copy of the application and instructions for
  433  completing the application.
  434         (5)The Department of Environmental Protection shall submit
  435  the approved amount of claims for each fiscal year to the Chief
  436  Financial Officer in order to request payment of the approved
  437  amount from the responsible party or any other independently
  438  administered claims process. The Chief Financial Officer shall
  439  use the full extent of the law to recover payments sufficient to
  440  cover the amount needed to credit or reimburse lease fees for
  441  applications approved each fiscal year.
  442         (6)Upon receipt of payment from the responsible party or
  443  any other independently administered claims process, the Chief
  444  Financial Officer shall deposit the payment into the Internal
  445  Improvement Trust Fund. Upon the deposit of the funds, the
  446  Department of Environmental Protection shall:
  447         (a)Reimburse the applicant for any lease fees paid for the
  448  applicable time period in an amount not to exceed the payment
  449  from the responsible party or any other independently
  450  administered claims process for that applicant; or
  451         (b)Credit to the applicant’s lease fees due for the
  452  applicable time period an amount not to exceed the payment from
  453  the responsible party or any other independently administered
  454  claims process for that applicant.
  455         (7)If the amount deposited into the Internal Improvement
  456  Trust Fund in any fiscal year is insufficient to fully reimburse
  457  or credit all approved applications, the department shall issue
  458  reimbursements or credits on a pro rata basis.
  459         (8) For purposes of this section, the term “lease fees”
  460  includes any associated sales or use tax under chapter 212,
  461  Florida Statutes.
  462         (9) The Department of Environmental Protection shall report
  463  to the Legislature on the implementation of this section by
  464  February 15 each year until 2014.
  465         Section 10. Sections 1, 2, 3, 7, and 8 of this act may be
  466  cited as the “Oil Spill Recovery Act.”
  467         Section 11. This act shall take effect upon becoming a law.