The Florida Senate

¹403.953  Eligibility criteria.--In determining if a proposed project is eligible for review under this part, the director of the Office of Tourism, Trade, and Economic Development, in consultation with Enterprise Florida, Inc., the Secretary of Environmental Protection, the Secretary of Community Affairs, and the Secretary of Transportation, has discretion and flexibility to determine the project's inherent quality, such as its overall benefits to the economy and the community, as well as the ways in which the project's design and location would minimize adverse environmental impacts.

(1)  The eligibility criteria for a proposed project are:

(a)  The permanent location of a business or government facility or the expansion of an existing business or government facility in this state.

(b)  The creation of at least 100 jobs. This number may be reduced at the discretion of the affected local government if the governing body of the local government adopts a resolution specifying how the proposed project, with fewer jobs created, especially benefits the local economy. A project may not be reviewed under this part if it creates fewer than 25 jobs.

(c)  Payment of an estimated annual average wage that equals at least 115 percent of the area average wage.

(d)  The proposed project is economically and technically feasible and viable in the judgment of the Office of Tourism, Trade, and Economic Development and based on available evidence.

(e)  All onsite infrastructure necessary to support the project will be constructed and maintained.

(f)  The concurrence of the affected local government that the proposed project should be allowed to use the process under this section.

(g)  In the judgment of the Office of Tourism, Trade, and Economic Development and based on available evidence, the applicant proposing the project is committed to quality development, as reflected by the project's desirable economic, community, and environmental attributes. Such commitment shall be to:

1.  Create high-quality jobs that diversify the economic base of the state and the community and raise the average wages of workers in the state.

2.  Site the project in a community that is experiencing relatively high rates of unemployment, underemployment, or poverty or is experiencing some other economic distress.

3.  Site and design the project so as to protect and preserve the natural resources of the state.

4.  Engineer the project so as to prevent and reduce pollution.

(2)  The following projects are ineligible for review under this part:

(a)  A project funded and operated by a local government, as defined in s. 377.709, and located within that government's jurisdiction.

(b)  A project, the primary purpose of which is to:

1.  Effect the final disposal of solid waste, biomedical waste, or hazardous waste in this state.

2.  Produce electrical power, unless the production of electricity is incidental and not the primary function of the project.

3.  Extract natural resources.

4.  Produce oil.

5.  Construct, maintain, or operate an oil, petroleum, natural gas, or sewage pipeline. This subparagraph does not apply to a natural gas pipeline or sewage pipeline used for building sanitation and comfort.

History.--s. 1, ch. 93-205; s. 10, ch. 94-323; s. 146, ch. 96-320; s. 7, ch. 96-348.

¹Note.--As amended and substantially reworded by s. 146, ch. 96-320. Former subsection (2) was also amended by s. 7, ch. 96-348, and as amended by s. 7, ch. 96-348, reads:

403.953  Eligibility criteria.--The eligibility criteria for projects shall be:

(2)  As determined by the ²Department of Commerce, or its successor entity, membership in at least one of the following industries: aerospace manufacturing, defense, business and financial services, environmental engineering services and related manufacturing, recycling, health technology manufacturing and services, computer and office equipment manufacturing, communications equipment manufacturing, electronic components manufacturing, computer programming and related services, instruments and controls manufacturing, lasers and electro-optics, motor vehicle parts and accessories, energy efficiency, renewable energy systems, component manufacturing, and related services; or representing the following facility types: corporate headquarters, regional headquarters, research and development facilities, or incubators; or any additional specified industries or facility types adopted by rule by the ²Department of Commerce or its successor entity, in consultation with Enterprise Florida, Inc.; or any project proposed for location on a closed military installation or which is necessary to implement community military base reuse plans officially recognized by the Secretary of Defense of the United States Department of Defense.

²Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.