Senate Bill 0760
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Florida Senate - 1998 SB 760
By the Committee on Commerce and Economic Opportunities and
Senators Harris and Klein
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1 A bill to be entitled
2 An act relating to economic development;
3 amending s. 14.2015, F.S.; revising the
4 reporting requirements of the Office of
5 Tourism, Trade, and Economic Development
6 relating to permits and rules; authorizing the
7 Office of Tourism, Trade, and Economic
8 Development to coordinate establishment of a
9 one-stop permit registry; amending s. 212.097,
10 F.S.; clarifying the definition of a "new
11 business" under the Urban High-Crime Area Job
12 Tax Credit Program; amending s. 212.098, F.S.;
13 clarifying the definition of a "new business"
14 under the Rural Job Tax Credit Program;
15 amending s. 288.075, F.S.; specifying that the
16 prohibition against contracting with entities
17 that have requested confidentiality of certain
18 economic development information does not apply
19 to a public officer or employee or an economic
20 development agency employee acting in his or
21 her official capacity; amending s. 288.095,
22 F.S.; establishing a cap on the total amount of
23 the state share of tax refunds that may be
24 approved for a single fiscal year under the tax
25 refund programs for qualified defense
26 contractors, qualified target industry
27 businesses, and brownfield redevelopment;
28 amending s. 288.1045, F.S.; conforming the
29 limitation on the amount of tax refunds
30 approved for payment under the qualified
31 defense contractor tax refund program to the
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1 amount appropriated by the Legislature for such
2 refunds; correcting references relating to
3 program administration; amending s. 288.90151,
4 F.S.; revising the matching private funding
5 requirements for Enterprise Florida, Inc.;
6 providing for partial release of funds placed
7 in reserve under specified circumstances;
8 providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsection (6) of section 14.2015, Florida
13 Statutes, is amended to read:
14 14.2015 Office of Tourism, Trade, and Economic
15 Development; creation; powers and duties.--
16 (6)(a) In order to improve the state's regulatory
17 environment, the Office of Tourism, Trade, and Economic
18 Development shall consider the impact of agency rules on
19 businesses, provide one-stop permit information and
20 assistance, and serve as an advocate for businesses,
21 particularly small businesses, in their dealings with state
22 agencies.
23 (b) As used in this subsection, the term "permit"
24 means any approval of an agency required as a condition of
25 operating a business in this state, including, but not limited
26 to, licenses and registrations.
27 (c) The office shall have powers and duties to:
28 1. Review proposed agency actions for impacts on small
29 businesses and offer alternatives to mitigate such impacts, as
30 provided in s. 120.54.
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1 2. In consultation with the Governor's rules
2 ombudsman, make recommendations to agencies on any existing
3 and proposed rules for alleviating unnecessary or
4 disproportionate adverse effects to businesses.
5 3. Make recommendations to the Legislature and to
6 agencies for improving permitting procedures affecting
7 business activities in the state. By October 1, 1997, and
8 annually thereafter as part of the report prepared pursuant to
9 paragraph (2)(e), the Office of Tourism, Trade, and Economic
10 Development shall submit a report to the Legislature on
11 containing the following:
12 a. An identification and description of methods to
13 eliminate, consolidate, simplify, or expedite permits.
14 b. An identification and description of those agency
15 rules repealed or modified during each calendar year to
16 improve the regulatory climate for businesses operating in the
17 state.
18 c. A recommendation for an operating plan and funding
19 level for establishing an automated one-stop permit registry
20 to provide the following services:
21 (I) Access by computer network to all permit
22 applications and approval requirements of each state agency.
23 (II) Assistance in the completion of such
24 applications.
25 (III) Centralized collection of any permit fees and
26 distribution of such fees to agencies.
27 (IV) Submission of application data and circulation of
28 such data among state agencies by computer network.
29
30 Subject to legislative appropriation, the Office of Tourism,
31 Trade, and Economic Development is authorized to coordinate
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1 the establishment of such a one-stop permit registry,
2 including, but not limited to, working with all appropriate
3 state agencies on the implementation of the operating plan. If
4 the Legislature establishes such a registry is established,
5 subsequent annual reports to the Legislature from the Office
6 of Tourism, Trade, and Economic Development pursuant to this
7 paragraph must cover the status and performance of this
8 registry.
9 4. Serve as a clearinghouse for information on which
10 permits are required for a particular business and on the
11 respective application process, including criteria applied in
12 making a determination on a permit application. Each state
13 agency that requires a permit, license, or registration for a
14 business shall submit to the Office of Tourism, Trade, and
15 Economic Development by August 1 of each year a list of the
16 types of businesses and professions that it regulates and of
17 each permit, license, or registration that it requires for a
18 type of business or profession.
19 5. Obtain information and permit applications from
20 agencies and provide such information and permit applications
21 to the public.
22 6. Arrange, upon request, informal conferences between
23 a business and an agency to clarify regulatory requirements or
24 standards or to identify and address problems in the permit
25 review process.
26 7. Determine, upon request, the status of a particular
27 permit application.
28 8. Receive complaints and suggestions concerning
29 permitting policies and activities of governmental agencies
30 which affect businesses.
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1 (d) Use of the services authorized in this subsection
2 does not preclude a person or business from dealing directly
3 with an agency.
4 (e) In carrying out its duties under this subsection,
5 the Office of Tourism, Trade, and Economic Development may
6 consult with state agency personnel appointed to serve as
7 economic development liaisons under s. 288.021.
8 (f) The office shall clearly represent that its
9 services are advisory, informational, and facilitative only.
10 Advice, information, and assistance rendered by the office
11 does not relieve any person or business from the obligation to
12 secure a required permit. The office is not liable for any
13 consequences resulting from the failure to issue or to secure
14 a required permit. However, an applicant who uses the services
15 of the office and who receives a written statement identifying
16 required state permits relating to a business activity may not
17 be assessed a penalty for failure to obtain a state permit
18 that was not identified, if the applicant submits an
19 application for each such permit within 60 days after written
20 notification from the agency responsible for issuing the
21 permit.
22 Section 2. Subsection (2) of section 212.097, Florida
23 Statutes, is amended to read:
24 212.097 Urban High-Crime Area Job Tax Credit
25 Program.--
26 (2) As used in this section, the term:
27 (a) "Eligible business" means any sole proprietorship,
28 firm, partnership, or corporation that is located in a
29 qualified county and is predominantly engaged in, or is
30 headquarters for a business predominantly engaged in,
31 activities usually provided for consideration by firms
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1 classified within the following standard industrial
2 classifications: SIC 01 through SIC 09 (agriculture,
3 forestry, and fishing); SIC 20 through SIC 39 (manufacturing);
4 SIC 422 (public warehousing and storage); SIC 70 (hotels and
5 other lodging places); SIC 7391 (research and development);
6 SIC 7992 (public golf courses); and SIC 7996 (amusement
7 parks). Excluded from eligible receipts are receipts from
8 retail sales, except such receipts for hotels and other
9 lodging places classified in SIC 70, public golf courses in
10 SIC 7992, and amusement parks in SIC 7996. For purposes of
11 this paragraph, the term "predominantly" means that more than
12 50 percent of the business's gross receipts from all sources
13 is generated by those activities usually provided for
14 consideration by firms in the specified standard industrial
15 classification. The determination of whether the business is
16 located in a qualified high-crime area and the tier ranking of
17 that area must be based on the date of application for the
18 credit under this section. Commonly owned and controlled
19 entities are to be considered a single business entity.
20 (b) "Qualified employee" means any employee of an
21 eligible business who performs duties in connection with the
22 operations of the business on a regular, full-time basis for
23 an average of at least 36 hours per week for at least 3 months
24 within the qualified high-crime area in which the eligible
25 business is located. An owner or partner of the eligible
26 business is not a qualified employee. The term also includes
27 an employee leased from an employee leasing company licensed
28 under chapter 468, if such employee has been continuously
29 leased to the employer for an average of at least 36 hours per
30 week for more than 6 months.
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1 (c) "New business" means any eligible business first
2 beginning operation on a site in a qualified high-crime area
3 and clearly separate from any other commercial or business
4 operation of the business entity within a qualified high-crime
5 area. A business entity that operated an eligible business
6 within a qualified high-crime area within the 48 months before
7 the period provided for application by subsection (3) date
8 shall not be considered a new business.
9 (d) "Existing business" means any eligible business
10 that does not meet the criteria for a new business.
11 (e) "Qualified high-crime area" means an area selected
12 by the Office of Tourism, Trade, and Economic Development in
13 the following manner: every third year, the office shall rank
14 and tier those areas nominated under subsection (8), according
15 to the following prioritized criteria:
16 1. Highest arrest rates within the geographic area for
17 violent crime and for such other crimes as drug sale, drug
18 possession, prostitution, vandalism, and civil disturbances;
19 2. Highest reported crime volume and rate of specific
20 property crimes such as business and residential burglary,
21 motor vehicle theft, and vandalism;
22 3. Highest percentage of reported index crimes that
23 are violent in nature;
24 4. Highest overall index crime volume for the area;
25 and
26 5. Highest overall index crime rate for the geographic
27 area.
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29 Tier-one areas are ranked 1 through 5 and represent the
30 highest crime areas according to this ranking. Tier-two areas
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1 are ranked 6 through 10 according to this ranking. Tier-three
2 areas are ranked 11 through 15.
3 Section 3. Subsection (2) of section 212.098, Florida
4 Statutes, is amended to read:
5 212.098 Rural Job Tax Credit Program.--
6 (2) As used in this section, the term:
7 (a) "Eligible business" means any sole proprietorship,
8 firm, partnership, or corporation that is located in a
9 qualified county and is predominantly engaged in, or is
10 headquarters for a business predominantly engaged in,
11 activities usually provided for consideration by firms
12 classified within the following standard industrial
13 classifications: SIC 01 through SIC 09 (agriculture,
14 forestry, and fishing); SIC 20 through SIC 39 (manufacturing);
15 SIC 422 (public warehousing and storage); SIC 70 (hotels and
16 other lodging places); SIC 7391 (research and development);
17 SIC 7992 (public golf courses); and SIC 7996 (amusement
18 parks). Excluded from eligible receipts are receipts from
19 retail sales, except such receipts for hotels and other
20 lodging places classified in SIC 70, public golf courses in
21 SIC 7992, and amusement parks in SIC 7996. For purposes of
22 this paragraph, the term "predominantly" means that more than
23 50 percent of the business's gross receipts from all sources
24 is generated by those activities usually provided for
25 consideration by firms in the specified standard industrial
26 classification. The determination of whether the business is
27 located in a qualified county and the tier ranking of that
28 county must be based on the date of application for the credit
29 under this section. Commonly owned and controlled entities are
30 to be considered a single business entity.
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1 (b) "Qualified employee" means any employee of an
2 eligible business who performs duties in connection with the
3 operations of the business on a regular, full-time basis for
4 an average of at least 36 hours per week for at least 3 months
5 within the qualified county in which the eligible business is
6 located. An owner or partner of the eligible business is not a
7 qualified employee.
8 (c) "Qualified county" means a county that has a
9 population of fewer than 75,000 persons, or any county that
10 has a population of 100,000 or less and is contiguous to a
11 county that has a population of less than 75,000, selected in
12 the following manner: every third year, the Office of
13 Tourism, Trade, and Economic Development shall rank and tier
14 the state's counties according to the following four factors:
15 1. Highest unemployment rate for the most recent
16 36-month period.
17 2. Lowest per capita income for the most recent
18 36-month period.
19 3. Highest percentage of residents whose incomes are
20 below the poverty level, based upon the most recent data
21 available.
22 4. Average weekly manufacturing wage, based upon the
23 most recent data available.
24
25 Tier-one qualified counties are those ranked 1 through 5 and
26 represent the state's least-developed counties according to
27 this ranking. Tier-two qualified counties are those ranked 6
28 through 10, and tier-three counties are those ranked 11
29 through 15.
30 (d) "New business" means any eligible business first
31 beginning operation on a site in a qualified county and
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1 clearly separate from any other commercial or business
2 operation of the business entity within a qualified county. A
3 business entity that operated an eligible business within a
4 qualified county within the 48 months before the period
5 provided for application by subsection (3) date shall not be
6 considered a new business.
7 (e) "Existing business" means any eligible business
8 that does not meet the criteria for a new business.
9 Section 4. Section 288.075, Florida Statutes, is
10 amended to read:
11 288.075 Confidentiality of records.--
12 (1) As used in this section, the term "economic
13 development agency" means the Division of Economic Development
14 of the Department of Commerce, any industrial development
15 authority created in accordance with part III of chapter 159
16 or by special law, the public economic development agency that
17 advises the county commission on the issuance of industrial
18 revenue bonds of a county that does not have an industrial
19 development authority created in accordance with part III of
20 chapter 159 or by special law, or any research and development
21 authority created in accordance with part V of chapter 159.
22 The term also includes any private agency, person,
23 partnership, corporation, or business entity when authorized
24 by the state, a municipality, or a county to promote the
25 general business interests or industrial interests of the
26 state or that municipality or county.
27 (2) Upon written request from a private corporation,
28 partnership, or person, records of an economic development
29 agency which contain or would provide information concerning
30 plans, intentions, or interests of such private corporation,
31 partnership, or person to locate, relocate, or expand any of
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1 its business activities in this state are confidential and
2 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
3 Constitution for 24 months after the date an economic
4 development agency receives a request for confidentiality or
5 until disclosed by an economic development agency pursuant to
6 subsection (4) or by the party requesting confidentiality
7 under this section. Confidentiality must be maintained until
8 the expiration of the 24-month period or until documents or
9 information are otherwise disclosed, whichever occurs first.
10 This confidentiality does not apply when any party petitions a
11 court of competent jurisdiction and, in the opinion of the
12 court, proves need for access to such documents. This
13 exemption expires October 2, 2001, and is subject to review by
14 the Legislature under the Open Government Sunset Review Act of
15 1995 in accordance with s. 119.15.
16 (3) This section does not waive any provision of
17 chapter 120 or any other provision of law requiring a public
18 hearing.
19 (4) A public officer or employee or any person who is
20 an employee of an economic development agency may not enter
21 into a binding agreement with any corporation, partnership, or
22 person who has requested confidentiality of information
23 pursuant to this section, until 90 days after such information
24 is made public, unless such public officer or employee or
25 economic development agency employee is acting in an official
26 capacity.
27 (5) Any person who is an employee of an economic
28 development agency who violates the provisions of this section
29 is guilty of a misdemeanor of the second degree, punishable as
30 provided in s. 775.082 or s. 775.083.
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1 Section 5. Subsection (3) of section 288.095, Florida
2 Statutes, is amended to read:
3 288.095 Economic Development Trust Fund.--
4 (3)(a) Contingent upon an annual appropriation by the
5 Legislature, the Office of Tourism, Trade, and Economic
6 Development may approve tax refunds pursuant to ss. 288.1045,
7 288.106, and 288.107. The office may not approve tax refunds
8 in excess of the amount appropriated to the Economic
9 Development Incentives Account for such tax refunds, for a
10 fiscal year pursuant to paragraph (b).
11 (b) The combined total amount of the state share of
12 tax refunds approved by the Office of Tourism, Trade, and
13 Economic Development pursuant to ss. 288.1045, 288.106, and
14 288.107 for a single fiscal year shall not exceed the lesser
15 of $30 million or the amount appropriated to the Economic
16 Development Incentives Account for such state share of tax
17 refunds purposes for the fiscal year. In the event the
18 Legislature does not appropriate an amount sufficient to
19 satisfy projections by the office for tax refunds under ss.
20 288.1045, 288.106, and 288.107 in a fiscal year, the Office of
21 Tourism, Trade, and Economic Development shall, not later than
22 July 15 of such year, determine the proportion of each refund
23 claim which shall be paid by dividing the amount appropriated
24 for tax refunds for the fiscal year by the projected total of
25 refund claims for the fiscal year. The amount of each claim
26 for a tax refund shall be multiplied by the resulting
27 quotient. If, after the payment of all such refund claims,
28 funds remain in the Economic Development Incentives Account
29 for tax refunds, the office shall recalculate the proportion
30 for each refund claim and adjust the amount of each claim
31 accordingly.
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1 (c) By September 30 of each year, the Office of
2 Tourism, Trade, and Economic Development shall submit a
3 complete and detailed report to the board of directors of
4 Enterprise Florida, Inc., created under part VII of this
5 chapter, of all applications received, final decisions issued,
6 tax refund agreements executed, and tax refunds paid or other
7 payments made under all programs funded out of the Economic
8 Development Incentives Account, including analyses of benefits
9 and costs, types of projects supported, and employment and
10 investment created. The Office of Tourism, Trade, and Economic
11 Development shall also include a separate analysis of the
12 impact of such tax refunds on state enterprise zones
13 designated pursuant to s. 290.0065. By December 1 of each
14 year, the board of directors of Enterprise Florida, Inc.,
15 shall review and comment on the report, and the board shall
16 submit the report, together with the comments of the board, to
17 the Governor, the President of the Senate, and the Speaker of
18 the House of Representatives. The report must discuss whether
19 the authority and moneys appropriated by the Legislature to
20 the Economic Development Incentives Account were managed and
21 expended in a prudent, fiducially sound manner.
22 (d) Moneys in the Economic Development Incentives
23 Account may be used only to pay tax refunds and other payments
24 authorized under s. 288.1045, s. 288.106, or s. 288.107.
25 (e) The Office of Tourism, Trade, and Economic
26 Development may adopt rules necessary to carry out the
27 provisions of this subsection, including rules providing for
28 the use of moneys in the Economic Development Incentives
29 Account and for the administration of the Economic Development
30 Incentives Account.
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1 Section 6. Subsection (2) of section 288.1045, Florida
2 Statutes, is amended to read:
3 288.1045 Qualified defense contractor tax refund
4 program.--
5 (2) GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.--
6 (a) There shall be allowed, from the Economic
7 Development Trust Fund, a refund to a qualified applicant for
8 the amount of eligible taxes certified by the Director of the
9 Office of Tourism, Trade, and Economic Development secretary
10 which were paid by such qualified applicant. The total amount
11 of refunds for all fiscal years for each qualified applicant
12 shall be determined pursuant to subsection (3). The annual
13 amount of a refund to a qualified applicant shall be
14 determined pursuant to subsection (5).
15 (b) A qualified applicant may not be qualified for any
16 project to receive more than $5,000 times the number of jobs
17 provided in the tax refund agreement pursuant to subparagraph
18 (4)(a)1. A qualified applicant may not receive refunds of more
19 than 25 percent of the total tax refunds provided in the tax
20 refund agreement pursuant to subparagraph (4)(a)1. in any
21 fiscal year, provided that no qualified applicant may receive
22 more than $2.5 million in tax refunds pursuant to this section
23 in any fiscal year.
24 (c) A qualified applicant may not receive more than
25 $7.5 million in tax refunds pursuant to this section in all
26 fiscal years.
27 (d) Contingent upon an annual appropriation by the
28 Legislature, the Office of Tourism, Trade, and Economic
29 Development secretary may approve not more than the lesser of
30 $25 million in tax refunds than or the amount appropriated to
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1 the Economic Development Trust Fund for tax refunds, for a
2 fiscal year pursuant to subsection (5) and s. 288.095.
3 (e) For the first 6 months of each fiscal year, the
4 Director of the Office of Tourism, Trade, and Economic
5 Development secretary shall set aside 30 percent of the amount
6 appropriated for refunds pursuant to this section by the
7 Legislature to provide tax refunds only to qualified
8 applicants who employ 500 or fewer full-time employees in this
9 state. Any unencumbered funds remaining undisbursed from this
10 set-aside at the end of the 6-month period may be used to
11 provide tax refunds for any qualified applicants pursuant to
12 this section.
13 (f) After entering into a tax refund agreement
14 pursuant to subsection (4), a qualified applicant may receive
15 refunds from the Economic Development Trust Fund for the
16 following taxes due and paid by the qualified applicant
17 beginning with the applicant's first taxable year that begins
18 after entering into the agreement:
19 1. Taxes on sales, use, and other transactions paid
20 pursuant to chapter 212.
21 2. Corporate income taxes paid pursuant to chapter
22 220.
23 3. Intangible personal property taxes paid pursuant to
24 chapter 199.
25 4. Emergency excise taxes paid pursuant to chapter
26 221.
27 5. Excise taxes paid on documents pursuant to chapter
28 201.
29 6. Ad valorem taxes paid, as defined in s.
30 220.03(1)(a) on June 1, 1996.
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1 However, a qualified applicant may not receive a tax refund
2 pursuant to this section for any amount of credit, refund, or
3 exemption granted such contractor for any of such taxes. If a
4 refund for such taxes is provided by the Office of Tourism,
5 Trade, and Economic Development Department of Commerce, which
6 taxes are subsequently adjusted by the application of any
7 credit, refund, or exemption granted to the qualified
8 applicant other than that provided in this section, the
9 qualified applicant shall reimburse the Economic Development
10 Trust Fund for the amount of such credit, refund, or
11 exemption. A qualified applicant must notify and tender
12 payment to the Office of Tourism, Trade, and Economic
13 Development Department of Commerce within 20 days after
14 receiving a credit, refund, or exemption, other than that
15 provided in this section.
16 (g) Any qualified applicant who fraudulently claims
17 this refund is liable for repayment of the refund to the
18 Economic Development Trust Fund plus a mandatory penalty of
19 200 percent of the tax refund which shall be deposited into
20 the General Revenue Fund. Any qualified applicant who
21 fraudulently claims this refund commits a felony of the third
22 degree, punishable as provided in s. 775.082, s. 775.083, or
23 s. 775.084.
24 (h) Funds made available pursuant to this section may
25 not be expended in connection with the relocation of a
26 business from one community to another community in this state
27 unless the Office of Tourism, Trade, and Economic Development
28 determines that without such relocation the business will move
29 outside this state or determines that the business has a
30 compelling economic rationale for the relocation which creates
31 additional jobs.
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1 Section 7. Section 288.90151, Florida Statutes, is
2 amended to read:
3 288.90151 Funding for contracting with Enterprise
4 Florida, Inc.--
5 (1)(a) From funds appropriated from the General
6 Revenue Fund to the Office of Tourism, Trade, and Economic
7 Development for the purpose of annually contracting with
8 Enterprise Florida, Inc., 10 percent of such funds for the
9 fiscal year 1996-1997, 20 percent of such funds for the fiscal
10 year 1997-1998, 30 percent of such funds for the fiscal year
11 1998-1999, 40 percent of such funds for the fiscal year
12 1999-2000, and 50 percent of such funds for the fiscal year
13 2000-2001 shall be placed in reserve by the Executive Office
14 of the Governor. The funds may be released through a budget
15 amendment, in accordance with chapter 216, as requested by
16 Enterprise Florida, Inc., through the Office of Tourism,
17 Trade, and Economic Development if Enterprise Florida, Inc.,
18 has provided sufficient documentation that the same amount of
19 matching private funds as the amount placed in reserve has
20 been contributed during the same fiscal year to Enterprise
21 Florida, Inc., in support of its economic development efforts.
22 If sufficient documentation is not provided by the end of the
23 fiscal year, such funds shall revert back to the General
24 Revenue Fund.
25 (b) In fiscal years 1999-2000 and 2000-2001, 50
26 percent of the funds placed in reserve may be released by the
27 same budget amendment process if Enterprise Florida, Inc., has
28 provided sufficient documentation that the amount of matching
29 private funds contributed during the same fiscal year to
30 Enterprise Florida, Inc., is equal to 75 percent of the funds
31 placed in reserve. The remaining funds in reserve may be
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1 released by the same budget amendment process if Enterprise
2 Florida, Inc., meets the requirements of paragraph (a).
3
4 In each fiscal year, at least 55 percent of the matching
5 private funds required to be documented under this subsection
6 must be comprised of the first category of matching private
7 funds described in subsection (3).
8 (2) Prior to the 1999 Regular Session of the
9 Legislature, the Office of Program Policy Analysis and
10 Government Accountability shall conduct a review of the
11 contributions made to Enterprise Florida, Inc., during the
12 prior 3 years pursuant to this section. The review must be
13 conducted in such a manner as to determine the amount and type
14 of matching private funds contributed and the circumstances
15 affecting the ability to achieve or not achieve the specified
16 amount of matching private funds for each year. Based on this
17 information and historical data, the Office of Program Policy
18 Analysis and Governmental Accountability shall determine
19 whether the funding levels of matching private funds for
20 fiscal year 1999-2000, and fiscal year 2000-2001, as specified
21 in this section, are appropriate. This report shall be
22 submitted by January 1, 1999, to the President of the Senate,
23 the Speaker of the House of Representatives, the Senate
24 Minority Leader, and the House Minority Leader.
25 (3) For the purposes of this section, matching private
26 funds shall be divided into two categories. The first category
27 of matching private funds shall include any payment of cash
28 made in response to a solicitation by Enterprise Florida,
29 Inc., and used exclusively by Enterprise Florida, Inc., in its
30 operations or programs, excluding any payment of cash made by
31 any entity to qualify for any Enterprise Florida, Inc., state,
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1 or local incentive, grant, or loan program, or any cash
2 received by Enterprise Florida, Inc., pursuant to a grant or
3 contract. The second category of matching private funds shall
4 include a conveyance of property, or payment or distribution
5 of property or anything of value, including contributions
6 in-kind having an attributable monetary value in any form, and
7 including any payment of cash not counted within the first
8 category of matching private funds. Contributions in-kind
9 include, but are not limited to, goods or services rendered.
10 The cost of the contribution shall be the reasonable cost to
11 the sponsor of the goods or services.
12 Section 8. This act shall take effect July 1, 1998.
13
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15 SENATE SUMMARY
16 Revises the reporting requirements of the Office of
Tourism, Trade, and Economic Development. Authorizes the
17 office to coordinate the establishment of a one-stop
permit registry. Clarifies the definition of the term
18 "new business" under the Urban High-Crime Area Job Tax
Credit Program and the Rural Job Tax Credit Program.
19 Provides that the prohibition against contracting with
entities that have requested confidentiality of certain
20 economic development information does not apply to a
public officer or employee or an economic development
21 agency employee acting in an official capacity. Caps the
total amount of the state share of tax refunds that may
22 be approved for a single fiscal year. Conforms the
limitation on the amount of tax refunds under the
23 qualified defense contractor tax refund program to the
amount appropriated by the Legislature. Revises the
24 matching private funding requirements for Enterprise
Florida, Inc. Provides for partial release of funds in
25 reserve.
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19