Senate Bill 0760c2

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    Florida Senate - 1998                     CS for CS for SB 760

    By the Committees on Ways and Means, Commerce and Economic
    Opportunities and Senators Harris and Klein




    301-1982-98

  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. 212.08,

10         F.S.; exempting certain property based in

11         enterprise zones from the sales tax under

12         certain circumstances; amending s. 212.096,

13         F.S.; expanding enterprise zone sales tax

14         credit to JTPA or WAGES Program participants

15         not residing in an enterprise zone; requiring

16         documentation; amending ss. 212.097 and

17         212.098, F.S.; clarifying the definition of a

18         "new business" under the Urban High-Crime Area

19         Job Tax Credit Program and the Rural Job Tax

20         Credit Program; providing that certain call

21         centers or similar customer service operations

22         are eligible businesses under these programs;

23         amending s. 220.03, F.S.; expanding enterprise

24         zone corporate tax credit to JTPA or WAGES

25         Program participants not residing in an

26         enterprise zone; amending s. 220.181, F.S.;

27         requiring documentation; amending s. 288.075,

28         F.S.; specifying that the prohibition against

29         contracting with entities that have requested

30         confidentiality concerning certain economic

31         development information does not apply to a

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  1         public officer or employee or an economic

  2         development agency employee acting in his or

  3         her official capacity; amending s. 288.095,

  4         F.S.; establishing a cap on the total amount of

  5         the state share of tax refunds which may be

  6         approved for a single fiscal year under the tax

  7         refund programs for qualified defense

  8         contractors, qualified target industry

  9         businesses, and brownfield redevelopment;

10         amending s. 288.1045, F.S.; conforming the

11         limitation on the amount of tax refunds

12         approved for payment under the qualified

13         defense contractor tax refund program to the

14         amount appropriated by the Legislature for such

15         refunds; correcting references relating to

16         program administration; amending s. 288.106,

17         F.S.; authorizing a reduced employment

18         threshold for expanding businesses in certain

19         rural areas or enterprise zones under the tax

20         refund program for qualified target industry

21         businesses; amending s. 288.1221, F.S.;

22         conforming legislative intent on the time

23         period covered by a tourism promotion marketing

24         plan to the time period covered by the

25         marketing plan prepared by the Florida

26         Commission on Tourism under s. 288.1224, F.S.;

27         amending s. 288.1222, F.S.; revising the

28         definition of "tourist" to clarify that the

29         term applies to a person participating in trade

30         or recreation activities outside the county of

31         permanent residence; amending s. 288.1223,

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  1         F.S.; eliminating an historical reference to

  2         the first meeting of the Florida Commission on

  3         Tourism; providing that the commission shall

  4         meet at least quarterly; providing that the

  5         commission shall elect a vice chairman

  6         annually; providing legislative findings and

  7         intent on the potential economic development

  8         benefits of ecotourism; authorizing the

  9         Division of Recreation and Parks of the

10         Department of Environmental Protection, subject

11         to legislative appropriation, to establish an

12         ecotourism promotion program; providing for

13         eligible uses of funds under such program;

14         authorizing funds to be used to award

15         ecotourism promotion grants; prescribing grant

16         application procedures and eligible uses of

17         grant awards; amending s. 479.261, F.S.;

18         expanding the logo sign program to include

19         certain heritage, historic, or scenic trails;

20         amending s. 288.90151, F.S.; revising the

21         matching private funding requirements for

22         Enterprise Florida, Inc.; providing for partial

23         release of funds placed in reserve under

24         specified circumstances; amending s. 288.9618,

25         F.S.; limiting the amount of appropriations for

26         the microenterprise program that may be used

27         for administrative expenses; creating s.

28         288.9958, F.S.; establishing the PRIDE Job

29         Placement Incentive Program; directing

30         Enterprise Florida, Inc., to examine the

31         current and potential economic development

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  1         contribution of the biotechnology industry and

  2         other health technology industries to this

  3         state; requiring Enterprise Florida, Inc., to

  4         report to the Legislature on findings and

  5         recommendations; providing for designation of

  6         an enterprise zone that encompasses a

  7         brownfield project under certain circumstances;

  8         amending s. 370.28, F.S.; providing that a

  9         business located in an enterprise zone in a

10         community impacted by net limitations is

11         eligible for the maximum sales tax exemption

12         for building materials used in the

13         rehabilitation of real property in an

14         enterprise zone, for business property used in

15         an enterprise zone, and for electrical energy

16         used in an enterprise zone, and the maximum

17         enterprise zone property tax credit against the

18         corporate income tax, if a specified percentage

19         of its employees are residents of the

20         jurisdiction of the county, rather than of the

21         enterprise zone; requiring businesses eligible

22         to receive certain tax credits to apply for

23         such credits by a time certain; amending s.

24         414.25, F.S.; extending the expiration date;

25         providing an effective date.

26

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

28

29         Section 1.  Subsection (6) of section 14.2015, Florida

30  Statutes, is amended to read:

31

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  1         14.2015  Office of Tourism, Trade, and Economic

  2  Development; creation; powers and duties.--

  3         (6)(a)  In order to improve the state's regulatory

  4  environment, the Office of Tourism, Trade, and Economic

  5  Development shall consider the impact of agency rules on

  6  businesses, provide one-stop permit information and

  7  assistance, and serve as an advocate for businesses,

  8  particularly small businesses, in their dealings with state

  9  agencies.

10         (b)  As used in this subsection, the term "permit"

11  means any approval of an agency required as a condition of

12  operating a business in this state, including, but not limited

13  to, licenses and registrations.

14         (c)  The office shall have powers and duties to:

15         1.  Review proposed agency actions for impacts on small

16  businesses and offer alternatives to mitigate such impacts, as

17  provided in s. 120.54.

18         2.  In consultation with the Governor's rules

19  ombudsman, make recommendations to agencies on any existing

20  and proposed rules for alleviating unnecessary or

21  disproportionate adverse effects to businesses.

22         3.  Make recommendations to the Legislature and to

23  agencies for improving permitting procedures affecting

24  business activities in the state. By October 1, 1997, and

25  annually thereafter as part of the report prepared pursuant to

26  paragraph (2)(e), the Office of Tourism, Trade, and Economic

27  Development shall submit a report to the Legislature on

28  containing the following:

29         a.  An identification and description of methods to

30  eliminate, consolidate, simplify, or expedite permits.

31

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  1         b.  An identification and description of those agency

  2  rules repealed or modified during each calendar year to

  3  improve the regulatory climate for businesses operating in the

  4  state.

  5         c.  A recommendation for an operating plan and funding

  6  level for establishing an automated one-stop permit registry

  7  to provide the following services:

  8         (I)  Access by computer network to all permit

  9  applications and approval requirements of each state agency.

10         (II)  Assistance in the completion of such

11  applications.

12         (III)  Centralized collection of any permit fees and

13  distribution of such fees to agencies.

14         (IV)  Submission of application data and circulation of

15  such data among state agencies by computer network.

16

17  Subject to legislative appropriation, the Office of Tourism,

18  Trade, and Economic Development is authorized to coordinate

19  the establishment of such a one-stop permit registry,

20  including, but not limited to, working with all appropriate

21  state agencies on the implementation of the operating plan. If

22  the Legislature establishes such a registry is established,

23  subsequent annual reports to the Legislature from the Office

24  of Tourism, Trade, and Economic Development pursuant to this

25  paragraph must cover the status and performance of this

26  registry.

27         4.  Serve as a clearinghouse for information on which

28  permits are required for a particular business and on the

29  respective application process, including criteria applied in

30  making a determination on a permit application. Each state

31  agency that requires a permit, license, or registration for a

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  1  business shall submit to the Office of Tourism, Trade, and

  2  Economic Development by August 1 of each year a list of the

  3  types of businesses and professions that it regulates and of

  4  each permit, license, or registration that it requires for a

  5  type of business or profession.

  6         5.  Obtain information and permit applications from

  7  agencies and provide such information and permit applications

  8  to the public.

  9         6.  Arrange, upon request, informal conferences between

10  a business and an agency to clarify regulatory requirements or

11  standards or to identify and address problems in the permit

12  review process.

13         7.  Determine, upon request, the status of a particular

14  permit application.

15         8.  Receive complaints and suggestions concerning

16  permitting policies and activities of governmental agencies

17  which affect businesses.

18         (d)  Use of the services authorized in this subsection

19  does not preclude a person or business from dealing directly

20  with an agency.

21         (e)  In carrying out its duties under this subsection,

22  the Office of Tourism, Trade, and Economic Development may

23  consult with state agency personnel appointed to serve as

24  economic development liaisons under s. 288.021.

25         (f)  The office shall clearly represent that its

26  services are advisory, informational, and facilitative only.

27  Advice, information, and assistance rendered by the office

28  does not relieve any person or business from the obligation to

29  secure a required permit. The office is not liable for any

30  consequences resulting from the failure to issue or to secure

31  a required permit. However, an applicant who uses the services

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  1  of the office and who receives a written statement identifying

  2  required state permits relating to a business activity may not

  3  be assessed a penalty for failure to obtain a state permit

  4  that was not identified, if the applicant submits an

  5  application for each such permit within 60 days after written

  6  notification from the agency responsible for issuing the

  7  permit.

  8         Section 2.  Paragraph (h) of subsection (5) of section

  9  212.08, Florida Statutes, is amended to read:

10         212.08  Sales, rental, use, consumption, distribution,

11  and storage tax; specified exemptions.--The sale at retail,

12  the rental, the use, the consumption, the distribution, and

13  the storage to be used or consumed in this state of the

14  following are hereby specifically exempt from the tax imposed

15  by this chapter.

16         (5)  EXEMPTIONS; ACCOUNT OF USE.--

17         (h)  Business property used in an enterprise zone.--

18         1.  Beginning July 1, 1995, business property purchased

19  for use by businesses located in an enterprise zone which is

20  subsequently used in an enterprise zone shall be exempt from

21  the tax imposed by this chapter. This exemption inures to the

22  business only through a refund of previously paid taxes. A

23  refund shall be authorized upon an affirmative showing by the

24  taxpayer to the satisfaction of the department that the

25  requirements of this paragraph have been met.

26         2.  To receive a refund, the business must file under

27  oath with the governing body or enterprise zone development

28  agency having jurisdiction over the enterprise zone where the

29  business is located, as applicable, an application which

30  includes:

31

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  1         a.  The name and address of the business claiming the

  2  refund.

  3         b.  The identifying number assigned pursuant to s.

  4  290.0065 to the enterprise zone in which the business is

  5  located.

  6         c.  A specific description of the property for which a

  7  refund is sought, including its serial number or other

  8  permanent identification number.

  9         d.  The location of the property.

10         e.  The sales invoice or other proof of purchase of the

11  property, showing the amount of sales tax paid, the date of

12  purchase, and the name and address of the sales tax dealer

13  from whom the property was purchased.

14         f.  Whether the business is a small business as defined

15  by s. 288.703(1).

16         g.  If applicable, the name and address of each

17  permanent employee of the business, including, for each

18  employee who is a resident of an enterprise zone, the

19  identifying number assigned pursuant to s. 290.0065 to the

20  enterprise zone in which the employee resides.

21         3.  Within 10 working days after receipt of an

22  application, the governing body or enterprise zone development

23  agency shall review the application to determine if it

24  contains all the information required pursuant to subparagraph

25  2. and meets the criteria set out in this paragraph. The

26  governing body or agency shall certify all applications that

27  contain the information required pursuant to subparagraph 2.

28  and meet the criteria set out in this paragraph as eligible to

29  receive a refund. If applicable, the governing body or agency

30  shall also certify if 20 percent of the employees of the

31  business are residents of an enterprise zone, excluding

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  1  temporary and part-time employees. The certification shall be

  2  in writing, and a copy of the certification shall be

  3  transmitted to the executive director of the Department of

  4  Revenue. The business shall be responsible for forwarding a

  5  certified application to the department within the time

  6  specified in subparagraph 4.

  7         4.  An application for a refund pursuant to this

  8  paragraph must be submitted to the department within 6 months

  9  after the business property is purchased.

10         5.  The provisions of s. 212.095 do not apply to any

11  refund application made pursuant to this paragraph. The amount

12  refunded on purchases of business property under this

13  paragraph shall be the lesser of 97 percent of the sales tax

14  paid on such business property or $5,000, or, if no less than

15  20 percent of the employees of the business are residents of

16  an enterprise zone, excluding temporary and part-time

17  employees, the amount refunded on purchases of business

18  property under this paragraph shall be the lesser of 97

19  percent of the sales tax paid on such business property or

20  $10,000. A refund approved pursuant to this paragraph shall be

21  made within 30 days of formal approval by the department of

22  the application for the refund. No refund shall be granted

23  under this paragraph unless the amount to be refunded exceeds

24  $100 in sales tax paid on purchases made within a 60-day time

25  period.

26         6.  The department shall adopt rules governing the

27  manner and form of refund applications and may establish

28  guidelines as to the requisites for an affirmative showing of

29  qualification for exemption under this paragraph.

30         7.  If the department determines that the business

31  property is used outside an enterprise zone within 3 years

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  1  from the date of purchase, the amount of taxes refunded to the

  2  business purchasing such business property shall immediately

  3  be due and payable to the department by the business, together

  4  with the appropriate interest and penalty, computed from the

  5  date of purchase, in the manner provided by this chapter.

  6  Notwithstanding this subparagraph, business property used

  7  exclusively in:

  8         a.  Licensed commercial fishing vessels,

  9         b.  Fishing guide boats, or

10         c.  Ecotourism guide boats

11

12  that leave and return to a fixed location within an area

13  designated under s. 370.28 are eligible for the exemption

14  provided under this paragraph if all requirements of this

15  paragraph are met. Such vessels and boats must be owned by a

16  business that is eligible to receive the exemption provided

17  under this paragraph. This exemption does not apply to the

18  purchase of a vessel or boat.

19         8.  The department shall deduct an amount equal to 10

20  percent of each refund granted under the provisions of this

21  paragraph from the amount transferred into the Local

22  Government Half-cent Sales Tax Clearing Trust Fund pursuant to

23  s. 212.20 for the county area in which the business property

24  is located and shall transfer that amount to the General

25  Revenue Fund.

26         9.  For the purposes of this exemption, "business

27  property" means new or used property defined as "recovery

28  property" in s. 168(c) of the Internal Revenue Code of 1954,

29  as amended, except:

30         a.  Property classified as 3-year property under s.

31  168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;

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  1         b.  Industrial machinery and equipment as defined in

  2  sub-subparagraph (b)6.a. and eligible for exemption under

  3  paragraph (b); and

  4         c.  Building materials as defined in sub-subparagraph

  5  (g)8.a.

  6         10.  The provisions of this paragraph shall expire and

  7  be void on December 31, 2005.

  8         Section 3.  Subsection (1) and paragraph (a) of

  9  subsection (3) of section 212.096, Florida Statutes, are

10  amended to read:

11         212.096  Sales, rental, storage, use tax; enterprise

12  zone jobs credit against sales tax.--

13         (1)  For the purposes of the credit provided in this

14  section:

15         (a)  "Eligible business" means any sole proprietorship,

16  firm, partnership, corporation, bank, savings association,

17  estate, trust, business trust, receiver, syndicate, or other

18  group or combination, or successor business, located in an

19  enterprise zone. An eligible business does not include any

20  business which has claimed the credit permitted under s.

21  220.181 for any new business employee first beginning

22  employment with the business after July 1, 1995.

23         (b)  "Month" means either a calendar month or the time

24  period from any day of any month to the corresponding day of

25  the next succeeding month or, if there is no corresponding day

26  in the next succeeding month, the last day of the succeeding

27  month.

28         (c)  "New employee" means a person residing in an

29  enterprise zone, a qualified Job Training Partnership Act

30  classroom training participant, or a WAGES Program participant

31  who begins employment with an eligible business after July 1,

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  1  1995, and who has not been previously employed within the

  2  preceding 12 months by the eligible business, or a successor

  3  eligible business, claiming the credit allowed by this

  4  section.

  5

  6  A person shall be deemed to be employed if the person performs

  7  duties in connection with the operations of the business on a

  8  regular, full-time basis, provided the person is performing

  9  such duties for an average of at least 36 hours per week each

10  month, or a part-time basis, provided the person is performing

11  such duties for an average of at least 20 hours per week each

12  month throughout the year. The person must be performing such

13  duties at a business site located in the enterprise zone.

14         (3)  In order to claim this credit, an eligible

15  business must file under oath with the governing body or

16  enterprise zone development agency having jurisdiction over

17  the enterprise zone where the business is located, as

18  applicable, a statement which includes:

19         (a)  For each new employee for whom this credit is

20  claimed, the employee's name and place of residence, including

21  the identifying number assigned pursuant to s. 290.0065 to the

22  enterprise zone in which the employee resides if the new

23  employee is a person residing in an enterprise zone, and, if

24  applicable, documentation that the employee is a qualified Job

25  Training Partnership Act classroom training participant or a

26  WAGES Program participant.

27         Section 4.  Subsection (2) of section 212.097, Florida

28  Statutes, is amended to read:

29         212.097  Urban High-Crime Area Job Tax Credit

30  Program.--

31         (2)  As used in this section, the term:

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  1         (a)  "Eligible business" means any sole proprietorship,

  2  firm, partnership, or corporation that is located in a

  3  qualified county and is predominantly engaged in, or is

  4  headquarters for a business predominantly engaged in,

  5  activities usually provided for consideration by firms

  6  classified within the following standard industrial

  7  classifications:  SIC 01 through SIC 09 (agriculture,

  8  forestry, and fishing); SIC 20 through SIC 39 (manufacturing);

  9  SIC 422 (public warehousing and storage); SIC 70 (hotels and

10  other lodging places); SIC 7391 (research and development);

11  SIC 7992 (public golf courses); and SIC 7996 (amusement

12  parks). A call center or similar customer service operation

13  that services a multistate market or an international market

14  is also an eligible business. Excluded from eligible receipts

15  are receipts from retail sales, except such receipts for

16  hotels and other lodging places classified in SIC 70, public

17  golf courses in SIC 7992, and amusement parks in SIC 7996.

18  For purposes of this paragraph, the term "predominantly" means

19  that more than 50 percent of the business's gross receipts

20  from all sources is generated by those activities usually

21  provided for consideration by firms in the specified standard

22  industrial classification. The determination of whether the

23  business is located in a qualified high-crime area and the

24  tier ranking of that area must be based on the date of

25  application for the credit under this section. Commonly owned

26  and controlled entities are to be considered a single business

27  entity.

28         (b)  "Qualified employee" means any employee of an

29  eligible business who performs duties in connection with the

30  operations of the business on a regular, full-time basis for

31  an average of at least 36 hours per week for at least 3 months

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  1  within the qualified high-crime area in which the eligible

  2  business is located. An owner or partner of the eligible

  3  business is not a qualified employee. The term also includes

  4  an employee leased from an employee leasing company licensed

  5  under chapter 468, if such employee has been continuously

  6  leased to the employer for an average of at least 36 hours per

  7  week for more than 6 months.

  8         (c)  "New business" means any eligible business first

  9  beginning operation on a site in a qualified high-crime area

10  and clearly separate from any other commercial or business

11  operation of the business entity within a qualified high-crime

12  area. A business entity that operated an eligible business

13  within a qualified high-crime area within the 48 months before

14  the period provided for application by subsection (3) date

15  shall not be considered a new business.

16         (d)  "Existing business" means any eligible business

17  that does not meet the criteria for a new business.

18         (e)  "Qualified high-crime area" means an area selected

19  by the Office of Tourism, Trade, and Economic Development in

20  the following manner: every third year, the office shall rank

21  and tier those areas nominated under subsection (8), according

22  to the following prioritized criteria:

23         1.  Highest arrest rates within the geographic area for

24  violent crime and for such other crimes as drug sale, drug

25  possession, prostitution, vandalism, and civil disturbances;

26         2.  Highest reported crime volume and rate of specific

27  property crimes such as business and residential burglary,

28  motor vehicle theft, and vandalism;

29         3.  Highest percentage of reported index crimes that

30  are violent in nature;

31

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  1         4.  Highest overall index crime volume for the area;

  2  and

  3         5.  Highest overall index crime rate for the geographic

  4  area.

  5

  6  Tier-one areas are ranked 1 through 5 and represent the

  7  highest crime areas according to this ranking.  Tier-two areas

  8  are ranked 6 through 10 according to this ranking.  Tier-three

  9  areas are ranked 11 through 15.

10         Section 5.  Subsection (2) of section 212.098, Florida

11  Statutes, is amended to read:

12         212.098  Rural Job Tax Credit Program.--

13         (2)  As used in this section, the term:

14         (a)  "Eligible business" means any sole proprietorship,

15  firm, partnership, or corporation that is located in a

16  qualified county and is predominantly engaged in, or is

17  headquarters for a business predominantly engaged in,

18  activities usually provided for consideration by firms

19  classified within the following standard industrial

20  classifications:  SIC 01 through SIC 09 (agriculture,

21  forestry, and fishing); SIC 20 through SIC 39 (manufacturing);

22  SIC 422 (public warehousing and storage); SIC 70 (hotels and

23  other lodging places); SIC 7391 (research and development);

24  SIC 7992 (public golf courses); and SIC 7996 (amusement

25  parks). A call center or similar customer service operation

26  that services a multistate market or an international market

27  is also an eligible business. Excluded from eligible receipts

28  are receipts from retail sales, except such receipts for

29  hotels and other lodging places classified in SIC 70, public

30  golf courses in SIC 7992, and amusement parks in SIC 7996.

31  For purposes of this paragraph, the term "predominantly" means

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  1  that more than 50 percent of the business's gross receipts

  2  from all sources is generated by those activities usually

  3  provided for consideration by firms in the specified standard

  4  industrial classification. The determination of whether the

  5  business is located in a qualified county and the tier ranking

  6  of that county must be based on the date of application for

  7  the credit under this section. Commonly owned and controlled

  8  entities are to be considered a single business entity.

  9         (b)  "Qualified employee" means any employee of an

10  eligible business who performs duties in connection with the

11  operations of the business on a regular, full-time basis for

12  an average of at least 36 hours per week for at least 3 months

13  within the qualified county in which the eligible business is

14  located. An owner or partner of the eligible business is not a

15  qualified employee.

16         (c)  "Qualified county" means a county that has a

17  population of fewer than 75,000 persons, or any county that

18  has a population of 100,000 or less and is contiguous to a

19  county that has a population of less than 75,000, selected in

20  the following manner:  every third year, the Office of

21  Tourism, Trade, and Economic Development shall rank and tier

22  the state's counties according to the following four factors:

23         1.  Highest unemployment rate for the most recent

24  36-month period.

25         2.  Lowest per capita income for the most recent

26  36-month period.

27         3.  Highest percentage of residents whose incomes are

28  below the poverty level, based upon the most recent data

29  available.

30         4.  Average weekly manufacturing wage, based upon the

31  most recent data available.

                                  17

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  1

  2  Tier-one qualified counties are those ranked 1 through 5 and

  3  represent the state's least-developed counties according to

  4  this ranking. Tier-two qualified counties are those ranked 6

  5  through 10, and tier-three counties are those ranked 11

  6  through 15.

  7         (d)  "New business" means any eligible business first

  8  beginning operation on a site in a qualified county and

  9  clearly separate from any other commercial or business

10  operation of the business entity within a qualified county. A

11  business entity that operated an eligible business within a

12  qualified county within the 48 months before the period

13  provided for application by subsection (3) date shall not be

14  considered a new business.

15         (e)  "Existing business" means any eligible business

16  that does not meet the criteria for a new business.

17         Section 6.  Paragraph (q) of subsection (1) of section

18  220.03, Florida Statutes, is amended to read:

19         220.03  Definitions.--

20         (1)  SPECIFIC TERMS.--When used in this code, and when

21  not otherwise distinctly expressed or manifestly incompatible

22  with the intent thereof, the following terms shall have the

23  following meanings:

24         (q)  "New employee," for the purposes of the enterprise

25  zone jobs credit, means a person residing in an enterprise

26  zone, a qualified Job Training Partnership Act classroom

27  training participant, or a WAGES Program participant employed

28  at a business located in an enterprise zone who begins

29  employment in the operations of the business after July 1,

30  1995, and who has not been previously employed within the

31  preceding 12 months by the business or a successor business

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  1  claiming the credit pursuant to s. 220.181.  A person shall be

  2  deemed to be employed by such a business if the person

  3  performs duties in connection with the operations of the

  4  business on a full-time basis, provided she or he is

  5  performing such duties for an average of at least 36 hours per

  6  week each month, or a part-time basis, provided she or he is

  7  performing such duties for an average of at least 20 hours per

  8  week each month throughout the year. The person must be

  9  performing such duties at a business site located in an

10  enterprise zone. The provisions of this paragraph shall expire

11  and be void on June 30, 2005.

12         Section 7.  Paragraph (a) of subsection (2) of section

13  220.181, Florida Statutes, is amended to read:

14         220.181  Enterprise zone jobs credit.--

15         (2)  When filing for an enterprise zone jobs credit, a

16  business must file under oath with the governing body or

17  enterprise zone development agency having jurisdiction over

18  the enterprise zone where the business is located, as

19  applicable, a statement which includes:

20         (a)  For each new employee for whom this credit is

21  claimed, the employee's name and place of residence during the

22  taxable year, including the identifying number assigned

23  pursuant to s. 290.0065 to the enterprise zone in which the

24  new employee resides if the new employee is a person residing

25  in an enterprise zone, and, if applicable, documentation that

26  the employee is a qualified Job Training Partnership Act

27  classroom training participant or a WAGES Program participant.

28         Section 8.  Section 288.075, Florida Statutes, is

29  amended to read:

30         288.075  Confidentiality of records.--

31

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  1         (1)  As used in this section, the term "economic

  2  development agency" means the Division of Economic Development

  3  of the Department of Commerce, any industrial development

  4  authority created in accordance with part III of chapter 159

  5  or by special law, the public economic development agency that

  6  advises the county commission on the issuance of industrial

  7  revenue bonds of a county that does not have an industrial

  8  development authority created in accordance with part III of

  9  chapter 159 or by special law, or any research and development

10  authority created in accordance with part V of chapter 159.

11  The term also includes any private agency, person,

12  partnership, corporation, or business entity when authorized

13  by the state, a municipality, or a county to promote the

14  general business interests or industrial interests of the

15  state or that municipality or county.

16         (2)  Upon written request from a private corporation,

17  partnership, or person, records of an economic development

18  agency which contain or would provide information concerning

19  plans, intentions, or interests of such private corporation,

20  partnership, or person to locate, relocate, or expand any of

21  its business activities in this state are confidential and

22  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

23  Constitution for 24 months after the date an economic

24  development agency receives a request for confidentiality or

25  until disclosed by an economic development agency pursuant to

26  subsection (4) or by the party requesting confidentiality

27  under this section. Confidentiality must be maintained until

28  the expiration of the 24-month period or until documents or

29  information are otherwise disclosed, whichever occurs first.

30  This confidentiality does not apply when any party petitions a

31  court of competent jurisdiction and, in the opinion of the

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  1  court, proves need for access to such documents. This

  2  exemption expires October 2, 2001, and is subject to review by

  3  the Legislature under the Open Government Sunset Review Act of

  4  1995 in accordance with s. 119.15.

  5         (3)  This section does not waive any provision of

  6  chapter 120 or any other provision of law requiring a public

  7  hearing.

  8         (4)  A public officer or employee or any person who is

  9  an employee of an economic development agency may not enter

10  into a binding agreement with any corporation, partnership, or

11  person who has requested confidentiality of information

12  pursuant to this section, until 90 days after such information

13  is made public, unless such public officer or employee or

14  economic development agency employee is acting in an official

15  capacity.

16         (5)  Any person who is an employee of an economic

17  development agency who violates the provisions of this section

18  is guilty of a misdemeanor of the second degree, punishable as

19  provided in s. 775.082 or s. 775.083.

20         Section 9.  Subsection (3) of section 288.095, Florida

21  Statutes, is amended to read:

22         288.095  Economic Development Trust Fund.--

23         (3)(a)  Contingent upon an annual appropriation by the

24  Legislature, the Office of Tourism, Trade, and Economic

25  Development may approve tax refunds pursuant to ss. 288.1045,

26  288.106, and 288.107. The office may not approve tax refunds

27  in excess of the amount appropriated to the Economic

28  Development Incentives Account for such tax refunds, for a

29  fiscal year pursuant to paragraph (b).

30         (b)  The combined total amount of the state share of

31  tax refunds approved by the Office of Tourism, Trade, and

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  1  Economic Development pursuant to ss. 288.1045, 288.106, and

  2  288.107 for a single fiscal year shall not exceed the lesser

  3  of $30 million or the amount appropriated to the Economic

  4  Development Incentives Account for such state share of tax

  5  refunds purposes for the fiscal year. In the event the

  6  Legislature does not appropriate an amount sufficient to

  7  satisfy projections by the office for tax refunds under ss.

  8  288.1045, 288.106, and 288.107 in a fiscal year, the Office of

  9  Tourism, Trade, and Economic Development shall, not later than

10  July 15 of such year, determine the proportion of each refund

11  claim which shall be paid by dividing the amount appropriated

12  for tax refunds for the fiscal year by the projected total of

13  refund claims for the fiscal year. The amount of each claim

14  for a tax refund shall be multiplied by the resulting

15  quotient. If, after the payment of all such refund claims,

16  funds remain in the Economic Development Incentives Account

17  for tax refunds, the office shall recalculate the proportion

18  for each refund claim and adjust the amount of each claim

19  accordingly.

20         (c)  By September 30 of each year, the Office of

21  Tourism, Trade, and Economic Development shall submit a

22  complete and detailed report to the board of directors of

23  Enterprise Florida, Inc., created under part VII of this

24  chapter, of all applications received, final decisions issued,

25  tax refund agreements executed, and tax refunds paid or other

26  payments made under all programs funded out of the Economic

27  Development Incentives Account, including analyses of benefits

28  and costs, types of projects supported, and employment and

29  investment created. The Office of Tourism, Trade, and Economic

30  Development shall also include a separate analysis of the

31  impact of such tax refunds on state enterprise zones

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  1  designated pursuant to s. 290.0065. By December 1 of each

  2  year, the board of directors of Enterprise Florida, Inc.,

  3  shall review and comment on the report, and the board shall

  4  submit the report, together with the comments of the board, to

  5  the Governor, the President of the Senate, and the Speaker of

  6  the House of Representatives. The report must discuss whether

  7  the authority and moneys appropriated by the Legislature to

  8  the Economic Development Incentives Account were managed and

  9  expended in a prudent, fiducially sound manner.

10         (d)  Moneys in the Economic Development Incentives

11  Account may be used only to pay tax refunds and other payments

12  authorized under s. 288.1045, s. 288.106, or s. 288.107.

13         (e)  The Office of Tourism, Trade, and Economic

14  Development may adopt rules necessary to carry out the

15  provisions of this subsection, including rules providing for

16  the use of moneys in the Economic Development Incentives

17  Account and for the administration of the Economic Development

18  Incentives Account.

19         Section 10.  Section 288.1045, Florida Statutes, is

20  amended to read:

21         288.1045  Qualified defense contractor tax refund

22  program.--

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

24         (a)  "Consolidation of a Department of Defense

25  contract" means the consolidation of one or more of an

26  applicant's facilities under one or more Department of Defense

27  contracts either from outside this state or from inside and

28  outside this state, into one or more of the applicant's

29  facilities inside this state.

30         (b)  "Average wage in the area" means the average of

31  all wages and salaries in the state, the county, or in the

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  1  standard metropolitan area in which the business unit is

  2  located.

  3         (c)  "Applicant" means any business entity that holds a

  4  valid Department of Defense contract or any business entity

  5  that is a subcontractor under a valid Department of Defense

  6  contract or any business entity that holds a valid contract

  7  for the reuse of a defense-related facility, including all

  8  members of an affiliated group of corporations as defined in

  9  s. 220.03(1)(b).

10         (d)  "Office" "Division" means the Office of Tourism,

11  Trade, and Economic Development Division of Economic

12  Development of the Department of Commerce.

13         (e)  "Department of Defense contract" means a

14  competitively bid Department of Defense contract or a

15  competitively bid federal agency contract issued on behalf of

16  the Department of Defense for manufacturing, assembling,

17  fabricating, research, development, or design with a duration

18  of 2 or more years, but excluding any contract to provide

19  goods, improvements to real or tangible property, or services

20  directly to or for any particular military base or

21  installation in this state.

22         (f)  "New Department of Defense contract" means a

23  Department of Defense contract entered into after the date

24  application for certification as a qualified applicant is made

25  and after January 1, 1994.

26         (g)  "Jobs" means full-time equivalent positions,

27  consistent with the use of such terms by the Department of

28  Labor and Employment Security for the purpose of unemployment

29  compensation tax, resulting directly from a project in this

30  state. This number does not include temporary construction

31

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  1  jobs involved with the construction of facilities for the

  2  project.

  3         (h)  "Nondefense production jobs" means employment

  4  exclusively for activities that, directly or indirectly, are

  5  unrelated to the Department of Defense.

  6         (i)  "Project" means any business undertaking in this

  7  state under a new Department of Defense contract,

  8  consolidation of a Department of Defense contract, or

  9  conversion of defense production jobs over to nondefense

10  production jobs or reuse of defense-related facilities.

11         (j)  "Qualified applicant" means an applicant that has

12  been approved by the director secretary to be eligible for tax

13  refunds pursuant to this section.

14         (k)  "Director" "Secretary" means the director of the

15  Office of Tourism, Trade, and Economic Development Secretary

16  of Commerce.

17         (l)  "Taxable year" means the same as in s.

18  220.03(1)(z).

19         (m)  "Fiscal year" means the fiscal year of the state.

20         (n)  "Business unit" means an employing unit, as

21  defined in s. 443.036, that is registered with the Department

22  of Labor and Employment Security for unemployment compensation

23  purposes or means a subcategory or division of an employing

24  unit that is accepted by the Department of Labor and

25  Employment Security as a reporting unit.

26         (o)  "Local financial support" means funding from local

27  sources, public or private, which is paid to the Economic

28  Development Trust Fund and which is equal to 20 percent of the

29  annual tax refund for a qualified applicant. Local financial

30  support may include excess payments made to a utility company

31  under a designated program to allow decreases in service by

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  1  the utility company under conditions, regardless of when

  2  application is made. A qualified applicant may not provide,

  3  directly or indirectly, more than 5 percent of such funding in

  4  any fiscal year. The sources of such funding may not include,

  5  directly or indirectly, state funds appropriated from the

  6  General Revenue Fund or any state trust fund, excluding tax

  7  revenues shared with local governments pursuant to law.

  8         (p)  "Contract for reuse of a defense-related facility"

  9  means a contract with a duration of 2 or more years for the

10  use of a facility for manufacturing, assembling, fabricating,

11  research, development, or design of tangible personal

12  property, but excluding any contract to provide goods,

13  improvements to real or tangible property, or services

14  directly to or for any particular military base or

15  installation in this state. Such facility must be located

16  within a port, as defined in s. 313.21, and have been occupied

17  by a business entity that held a valid Department of Defense

18  contract or occupied by any branch of the Armed Forces of the

19  United States, within 1 year of any contract being executed

20  for the reuse of such facility. A contract for reuse of a

21  defense-related facility may not include any contract for

22  reuse of such facility for any Department of Defense contract

23  for manufacturing, assembling, fabricating, research,

24  development, or design.

25         (q)  "Local financial support exemption option" means

26  the option to exercise an exemption from the local financial

27  support requirement available to any applicant whose project

28  is located in a county designated by the Rural Economic

29  Development Initiative, if the county commissioners of the

30  county in which the project will be located adopt a resolution

31  requesting that the applicant's project be exempt from the

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  1  local financial support requirement. Any applicant that

  2  exercises this option is not eligible for more than 80 percent

  3  of the total tax refunds allowed such applicant under this

  4  section.

  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

  9  secretary which were paid by such qualified applicant. The

10  total amount of refunds for all fiscal years for each

11  qualified applicant shall be determined pursuant to subsection

12  (3). The annual amount of a refund to a qualified applicant

13  shall be determined pursuant to subsection (5).

14         (b)  A qualified applicant may not be qualified for any

15  project to receive more than $5,000 times the number of jobs

16  provided in the tax refund agreement pursuant to subparagraph

17  (4)(a)1. A qualified applicant may not receive refunds of more

18  than 25 percent of the total tax refunds provided in the tax

19  refund agreement pursuant to subparagraph (4)(a)1. in any

20  fiscal year, provided that no qualified applicant may receive

21  more than $2.5 million in tax refunds pursuant to this section

22  in any fiscal year.

23         (c)  A qualified applicant may not receive more than

24  $7.5 million in tax refunds pursuant to this section in all

25  fiscal years.

26         (d)  Contingent upon an annual appropriation by the

27  Legislature, the director secretary may approve not more than

28  the lesser of $25 million in tax refunds than or the amount

29  appropriated to the Economic Development Trust Fund for tax

30  refunds, for a fiscal year pursuant to subsection (5) and s.

31  288.095.

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  1         (e)  For the first 6 months of each fiscal year, the

  2  director secretary shall set aside 30 percent of the amount

  3  appropriated for refunds pursuant to this section by the

  4  Legislature to provide tax refunds only to qualified

  5  applicants who employ 500 or fewer full-time employees in this

  6  state. Any unencumbered funds remaining undisbursed from this

  7  set-aside at the end of the 6-month period may be used to

  8  provide tax refunds for any qualified applicants pursuant to

  9  this section.

10         (f)  After entering into a tax refund agreement

11  pursuant to subsection (4), a qualified applicant may receive

12  refunds from the Economic Development Trust Fund for the

13  following taxes due and paid by the qualified applicant

14  beginning with the applicant's first taxable year that begins

15  after entering into the agreement:

16         1.  Taxes on sales, use, and other transactions paid

17  pursuant to chapter 212.

18         2.  Corporate income taxes paid pursuant to chapter

19  220.

20         3.  Intangible personal property taxes paid pursuant to

21  chapter 199.

22         4.  Emergency excise taxes paid pursuant to chapter

23  221.

24         5.  Excise taxes paid on documents pursuant to chapter

25  201.

26         6.  Ad valorem taxes paid, as defined in s.

27  220.03(1)(a) on June 1, 1996.

28

29  However, a qualified applicant may not receive a tax refund

30  pursuant to this section for any amount of credit, refund, or

31  exemption granted such contractor for any of such taxes. If a

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  1  refund for such taxes is provided by the office Department of

  2  Commerce, which taxes are subsequently adjusted by the

  3  application of any credit, refund, or exemption granted to the

  4  qualified applicant other than that provided in this section,

  5  the qualified applicant shall reimburse the Economic

  6  Development Trust Fund for the amount of such credit, refund,

  7  or exemption. A qualified applicant must notify and tender

  8  payment to the office Department of Commerce within 20 days

  9  after receiving a credit, refund, or exemption, other than

10  that provided in this section.

11         (g)  Any qualified applicant who fraudulently claims

12  this refund is liable for repayment of the refund to the

13  Economic Development Trust Fund plus a mandatory penalty of

14  200 percent of the tax refund which shall be deposited into

15  the General Revenue Fund. Any qualified applicant who

16  fraudulently claims this refund commits a felony of the third

17  degree, punishable as provided in s. 775.082, s. 775.083, or

18  s. 775.084.

19         (h)  Funds made available pursuant to this section may

20  not be expended in connection with the relocation of a

21  business from one community to another community in this state

22  unless the Office of Tourism, Trade, and Economic Development

23  determines that without such relocation the business will move

24  outside this state or determines that the business has a

25  compelling economic rationale for the relocation which creates

26  additional jobs.

27         (3)  APPLICATION PROCESS; REQUIREMENTS; AGENCY

28  DETERMINATION.--

29         (a)  To apply for certification as a qualified

30  applicant pursuant to this section, an applicant must file an

31  application with the office division which satisfies the

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  1  requirements of paragraphs (b) and (e), paragraphs (c) and

  2  (e), or paragraphs (d) and (e). An applicant may not apply for

  3  certification pursuant to this section after a proposal has

  4  been submitted for a new Department of Defense contract, after

  5  the applicant has made the decision to consolidate an existing

  6  Department of Defense contract in this state for which such

  7  applicant is seeking certification, or after the applicant has

  8  made the decision to convert defense production jobs to

  9  nondefense production jobs for which such applicant is seeking

10  certification.

11         (b)  Applications for certification based on the

12  consolidation of a Department of Defense contract or a new

13  Department of Defense contract must be submitted to the office

14  division as prescribed by the office Department of Commerce

15  and must include, but are not limited to, the following

16  information:

17         1.  The applicant's federal employer identification

18  number, the applicant's Florida sales tax registration number,

19  and a notarized signature of an officer of the applicant.

20         2.  The permanent location of the manufacturing,

21  assembling, fabricating, research, development, or design

22  facility in this state at which the project is or is to be

23  located.

24         3.  The Department of Defense contract numbers of the

25  contract to be consolidated, the new Department of Defense

26  contract number, or the "RFP" number of a proposed Department

27  of Defense contract.

28         4.  The date the contract was executed or is expected

29  to be executed, and the date the contract is due to expire or

30  is expected to expire.

31

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  1         5.  The commencement date for project operations under

  2  the contract in this state.

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

  4  state which are or will be dedicated to the project during the

  5  year and the average wage of such jobs.

  6         7.  The total number of full-time equivalent employees

  7  employed by the applicant in this state.

  8         8.  The percentage of the applicant's gross receipts

  9  derived from Department of Defense contracts during the 5

10  taxable years immediately preceding the date the application

11  is submitted.

12         9.  The amount of:

13         a.  Taxes on sales, use, and other transactions paid

14  pursuant to chapter 212;

15         b.  Corporate income taxes paid pursuant to chapter

16  220;

17         c.  Intangible personal property taxes paid pursuant to

18  chapter 199;

19         d.  Emergency excise taxes paid pursuant to chapter

20  221;

21         e.  Excise taxes paid on documents pursuant to chapter

22  201; and

23         f.  Ad valorem taxes paid

24

25  during the 5 fiscal years immediately preceding the date of

26  the application, and the projected amounts of such taxes to be

27  due in the 3 fiscal years immediately following the date of

28  the application.

29         10.  The estimated amount of tax refunds to be claimed

30  in each fiscal year.

31

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  1         11.  A brief statement concerning the applicant's need

  2  for tax refunds, and the proposed uses of such refunds by the

  3  applicant.

  4         12.  A resolution adopted by the county commissioners

  5  of the county in which the project will be located, which

  6  recommends the applicant be approved as a qualified applicant,

  7  and which indicates that the necessary commitments of local

  8  financial support for the applicant exist. Prior to the

  9  adoption of the resolution, the county commission may review

10  the proposed public or private sources of such support and

11  determine whether the proposed sources of local financial

12  support can be provided or, for any applicant whose project is

13  located in a county designated by the Rural Economic

14  Development Initiative, a resolution adopted by the county

15  commissioners of such county requesting that the applicant's

16  project be exempt from the local financial support

17  requirement.

18         13.  Any additional information requested by the office

19  division.

20         (c)  Applications for certification based on the

21  conversion of defense production jobs to nondefense production

22  jobs must be submitted to the office division as prescribed by

23  the office Department of Commerce and must include, but are

24  not limited to, the following information:

25         1.  The applicant's federal employer identification

26  number, the applicant's Florida sales tax registration number,

27  and a notarized signature of an officer of the applicant.

28         2.  The permanent location of the manufacturing,

29  assembling, fabricating, research, development, or design

30  facility in this state at which the project is or is to be

31  located.

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  1         3.  The Department of Defense contract numbers of the

  2  contract under which the defense production jobs will be

  3  converted to nondefense production jobs.

  4         4.  The date the contract was executed, and the date

  5  the contract is due to expire or is expected to expire, or was

  6  canceled.

  7         5.  The commencement date for the nondefense production

  8  operations in this state.

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

10  state which are or will be dedicated to the nondefense

11  production project during the year and the average wage of

12  such jobs.

13         7.  The total number of full-time equivalent employees

14  employed by the applicant in this state.

15         8.  The percentage of the applicant's gross receipts

16  derived from Department of Defense contracts during the 5

17  taxable years immediately preceding the date the application

18  is submitted.

19         9.  The amount of:

20         a.  Taxes on sales, use, and other transactions paid

21  pursuant to chapter 212;

22         b.  Corporate income taxes paid pursuant to chapter

23  220;

24         c.  Intangible personal property taxes paid pursuant to

25  chapter 199;

26         d.  Emergency excise taxes paid pursuant to chapter

27  221;

28         e.  Excise taxes paid on documents pursuant to chapter

29  201; and

30         f.  Ad valorem taxes paid

31

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  1  during the 5 fiscal years immediately preceding the date of

  2  the application, and the projected amounts of such taxes to be

  3  due in the 3 fiscal years immediately following the date of

  4  the application.

  5         10.  The estimated amount of tax refunds to be claimed

  6  in each fiscal year.

  7         11.  A brief statement concerning the applicant's need

  8  for tax refunds, and the proposed uses of such refunds by the

  9  applicant.

10         12.  A resolution adopted by the county commissioners

11  of the county in which the project will be located, which

12  recommends the applicant be approved as a qualified applicant,

13  and which indicates that the necessary commitments of local

14  financial support for the applicant exist. Prior to the

15  adoption of the resolution, the county commission may review

16  the proposed public or private sources of such support and

17  determine whether the proposed sources of local financial

18  support can be provided or, for any applicant whose project is

19  located in a county designated by the Rural Economic

20  Development Initiative, a resolution adopted by the county

21  commissioners of such county requesting that the applicant's

22  project be exempt from the local financial support

23  requirement.

24         13.  Any additional information requested by the office

25  division.

26         (d)  Applications for certification based on a contract

27  for reuse of a defense-related facility must be submitted to

28  the office division as prescribed by the office Department of

29  Commerce and must include, but are not limited to, the

30  following information:

31

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  1         1.  The applicant's Florida sales tax registration

  2  number and a notarized signature of an officer of the

  3  applicant.

  4         2.  The permanent location of the manufacturing,

  5  assembling, fabricating, research, development, or design

  6  facility in this state at which the project is or is to be

  7  located.

  8         3.  The business entity holding a valid Department of

  9  Defense contract or branch of the Armed Forces of the United

10  States that previously occupied the facility, and the date

11  such entity last occupied the facility.

12         4.  A copy of the contract to reuse the facility, or

13  such alternative proof as may be prescribed by the office

14  department that the applicant is seeking to contract for the

15  reuse of such facility.

16         5.  The date the contract to reuse the facility was

17  executed or is expected to be executed, and the date the

18  contract is due to expire or is expected to expire.

19         6.  The commencement date for project operations under

20  the contract in this state.

21         7.  The number of full-time equivalent jobs in this

22  state which are or will be dedicated to the project during the

23  year and the average wage of such jobs.

24         8.  The total number of full-time equivalent employees

25  employed by the applicant in this state.

26         9.  The amount of:

27         a.  Taxes on sales, use, and other transactions paid

28  pursuant to chapter 212.

29         b.  Corporate income taxes paid pursuant to chapter

30  220.

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  1         c.  Intangible personal property taxes paid pursuant to

  2  chapter 199.

  3         d.  Emergency excise taxes paid pursuant to chapter

  4  221.

  5         e.  Excise taxes paid on documents pursuant to chapter

  6  201.

  7         f.  Ad valorem taxes paid during the 5 fiscal years

  8  immediately preceding the date of the application, and the

  9  projected amounts of such taxes to be due in the 3 fiscal

10  years immediately following the date of the application.

11         10.  The estimated amount of tax refunds to be claimed

12  in each fiscal year.

13         11.  A brief statement concerning the applicant's need

14  for tax refunds, and the proposed uses of such refunds by the

15  applicant.

16         12.  A resolution adopted by the county commissioners

17  of the county in which the project will be located, which

18  recommends the applicant be approved as a qualified applicant,

19  and which indicates that the necessary commitments of local

20  financial support for the applicant exist. Prior to the

21  adoption of the resolution, the county commission may review

22  the proposed public or private sources of such support and

23  determine whether the proposed sources of local financial

24  support can be provided or, for any applicant whose project is

25  located in a county designated by the Rural Economic

26  Development Initiative, a resolution adopted by the county

27  commissioners of such county requesting that the applicant's

28  project be exempt from the local financial support

29  requirement.

30         13.  Any additional information requested by the office

31  division.

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  1         (e)  To qualify for review by the office division, the

  2  application of an applicant must, at a minimum, establish the

  3  following to the satisfaction of the office division:

  4         1.  The jobs proposed to be provided under the

  5  application, pursuant to subparagraph (b)6. or subparagraph

  6  (c)6., must pay an estimated annual average wage equaling at

  7  least 115 percent of the average wage in the area where the

  8  project is to be located.

  9         2.  The consolidation of a Department of Defense

10  contract must result in a net increase of at least 25 percent

11  in the number of jobs at the applicant's facilities in this

12  state or the addition of at least 80 jobs at the applicant's

13  facilities in this state.

14         3.  The conversion of defense production jobs to

15  nondefense production jobs must result in net increases in

16  nondefense employment at the applicant's facilities in this

17  state.

18         4.  The Department of Defense contract cannot allow the

19  business to include the costs of relocation or retooling in

20  its base as allowable costs under a cost-plus, or similar,

21  contract.

22         5.  A business unit of the applicant must have derived

23  not less than 70 percent of its gross receipts in this state

24  from Department of Defense contracts over the applicant's last

25  fiscal year, and must have derived not less than 80 percent of

26  its gross receipts in this state from Department of Defense

27  contracts over the 5 years preceding the date an application

28  is submitted pursuant to this section. This subparagraph does

29  not apply to any application for certification based on a

30  contract for reuse of a defense-related facility.

31

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  1         6.  The reuse of a defense-related facility must result

  2  in the creation of at least 100 jobs at such facility.

  3         (f)  Each application meeting the requirements of

  4  paragraphs (b) and (e), paragraphs (c) and (e), or paragraphs

  5  (d) and (e) must be submitted to the office division for a

  6  determination of eligibility. The office division shall

  7  review, evaluate, and score each application based on, but not

  8  limited to, the following criteria:

  9         1.  Expected contributions to the state strategic

10  economic development plan adopted by Enterprise Florida, Inc.,

11  taking into account the extent to which the project

12  contributes to the state's high-technology base, and the

13  long-term impact of the project and the applicant on the

14  state's economy.

15         2.  The economic benefit of the jobs created or

16  retained by the project in this state, taking into account the

17  cost and average wage of each job created or retained, and the

18  potential risk to existing jobs.

19         3.  The amount of capital investment to be made by the

20  applicant in this state.

21         4.  The local commitment and support for the project

22  and applicant.

23         5.  The impact of the project on the local community,

24  taking into account the unemployment rate for the county where

25  the project will be located.

26         6.  The dependence of the local community on the

27  defense industry.

28         7.  The impact of any tax refunds granted pursuant to

29  this section on the viability of the project and the

30  probability that the project will occur in this state if such

31  tax refunds are granted to the applicant, taking into account

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  1  the expected long-term commitment of the applicant to economic

  2  growth and employment in this state.

  3         8.  The length of the project, or the expected

  4  long-term commitment to this state resulting from the project.

  5         (g)  The office division shall forward its written

  6  findings and evaluation on each application meeting the

  7  requirements of paragraphs (b) and (e), paragraphs (c) and

  8  (e), or paragraphs (d) and (e) to the director secretary

  9  within 60 calendar days of receipt of a complete application.

10  The office division shall notify each applicant when its

11  application is complete, and when the 60-day period begins. In

12  its written report to the director secretary, the office

13  division shall specifically address each of the factors

14  specified in paragraph (f), and shall make a specific

15  assessment with respect to the minimum requirements

16  established in paragraph (e). The office division shall

17  include in its report projections of the tax refund claims

18  that will be sought by the applicant in each fiscal year based

19  on the information submitted in the application.

20         (h)  Within 30 days after receipt of the office's

21  division's findings and evaluation, the director secretary

22  shall enter a final order that either approves or disapproves

23  an application. The decision must be in writing and provide

24  the justifications for either approval or disapproval. If

25  appropriate, the director secretary shall enter into a written

26  agreement with the qualified applicant pursuant to subsection

27  (4).

28         (i)  The director secretary may not enter any final

29  order that certifies any applicant as a qualified applicant

30  when the value of tax refunds to be included in that final

31  order exceeds the available amount of authority to enter final

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  1  orders as determined in s. 288.095(3) aggregate amount of tax

  2  refunds for all qualified applicants projected by the division

  3  in any fiscal year exceeds the lesser of $25 million or the

  4  amount appropriated for tax refunds for that fiscal year. A

  5  final order that approves an application must specify the

  6  maximum amount of a tax refund that is to be available to the

  7  contractor in each fiscal year and the total amount of tax

  8  refunds for all fiscal years.

  9         (j)  This section does not create a presumption that an

10  applicant should receive any tax refunds under this section.

11         (4)  QUALIFIED DEFENSE CONTRACTOR TAX REFUND

12  AGREEMENT.--

13         (a)  A qualified applicant shall enter into a written

14  agreement with the office department containing, but not

15  limited to, the following:

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

17  this state that are or will be dedicated to the qualified

18  applicant's project, the average wage of such jobs, the

19  definitions that will apply for measuring the achievement of

20  these terms during the pendency of the agreement, and a time

21  schedule or plan for when such jobs will be in place and

22  active in this state. This information must be the same as the

23  information contained in the application submitted by the

24  contractor pursuant to subsection (3).

25         2.  The maximum amount of a refund that the qualified

26  applicant is eligible to receive in each fiscal year.

27         3.  An agreement with the office department allowing

28  the office department to review and verify the financial and

29  personnel records of the qualified applicant to ascertain

30  whether the qualified applicant is complying with the

31  requirements of this section.

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  1         4.  The date after which, each fiscal year, the

  2  qualified applicant may file an annual claim pursuant to

  3  subsection (5).

  4         5.  That local financial support shall be annually

  5  available and will be paid to the Economic Development Trust

  6  Fund.

  7         (b)  Compliance with the terms and conditions of the

  8  agreement is a condition precedent for receipt of tax refunds

  9  each year. The failure to comply with the terms and conditions

10  of the agreement shall result in the loss of eligibility for

11  receipt of all tax refunds previously authorized pursuant to

12  this section, and the revocation of the certification as a

13  qualified applicant by the director secretary.

14         (c)  The agreement shall be signed by the director

15  secretary and the authorized officer of the qualified

16  applicant.

17         (d)  The agreement must contain the following legend,

18  clearly printed on its face in bold type of not less than 10

19  points:

20

21         "This agreement is neither a general obligation

22         of the State of Florida, nor is it backed by

23         the full faith and credit of the State of

24         Florida. Payment of tax refunds are conditioned

25         on and subject to specific annual

26         appropriations by the Florida Legislature of

27         funds sufficient to pay amounts authorized in

28         s. 288.1045 s. 288.104, Florida Statutes."

29

30         (5)  ANNUAL CLAIM FOR REFUND FROM A QUALIFIED DEFENSE

31  CONTRACTOR.--

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  1         (a)  Qualified applicants who have entered into a

  2  written agreement with the office department pursuant to

  3  subsection (4) and who have entered into a valid new

  4  Department of Defense contract, commenced the consolidation of

  5  a Department of Defense contract, commenced the conversion of

  6  defense production jobs to nondefense production jobs or who

  7  have entered into a valid contract for reuse of a

  8  defense-related facility may apply once each fiscal year to

  9  the office Department of Commerce for tax refunds. The

10  application must be made on or after the date contained in the

11  agreement entered into pursuant to subsection (4) and must

12  include a notarized signature of an officer of the applicant.

13         (b)  The claim for refund by the qualified applicant

14  must include a copy of all receipts pertaining to the payment

15  of taxes for which a refund is sought, and data related to

16  achieving each performance item contained in the tax refund

17  agreement pursuant to subsection (4). The amount requested as

18  a tax refund may not exceed the amount for the fiscal year in

19  the written agreement entered pursuant to subsection (4).

20         (c)  A tax refund may not be approved for any qualified

21  applicant unless local financial support has been paid to the

22  Economic Development Trust Fund in that fiscal year. If the

23  local financial support is less than 20 percent of the

24  approved tax refund, the tax refund shall be reduced. The tax

25  refund paid may not exceed 5 times the local financial support

26  received. Funding from local sources includes tax abatement

27  under s. 196.1995 provided to a qualified applicant. The

28  amount of any tax refund for an applicant approved under this

29  section shall be reduced by the amount of any such tax

30  abatement, and the limitations in subsection (2) and paragraph

31  (3)(h) shall be reduced by the amount of any such tax

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  1  abatement. A report listing all sources of the local financial

  2  support shall be provided to the office division when such

  3  support is paid to the Economic Development Trust Fund.

  4         (d)  The director secretary, with assistance from the

  5  office division, the Department of Revenue, and the Department

  6  of Labor and Employment Security, shall determine the amount

  7  of the tax refund that is authorized for the qualified

  8  applicant for the fiscal year in a written final order within

  9  30 days after the date the claim for the annual tax refund is

10  received by the office Department of Commerce.

11         (e)  The total amount of tax refunds approved by the

12  director secretary under this section in any fiscal year may

13  not exceed the amount appropriated to the Economic Development

14  Trust Fund for such purposes for the fiscal year. If the

15  Legislature does not appropriate an amount sufficient to

16  satisfy projections by the office division for tax refunds in

17  a fiscal year, the director secretary shall, not later than

18  July 15 of such year, determine the proportion of each refund

19  claim which shall be paid by dividing the amount appropriated

20  for tax refunds for the fiscal year by the projected total

21  amount of refund claims for the fiscal year. The amount of

22  each claim for a tax refund shall be multiplied by the

23  resulting quotient. If, after the payment of all such refund

24  claims, funds remain in the Economic Development Trust Fund

25  for tax refunds, the director secretary shall recalculate the

26  proportion for each refund claim and adjust the amount of each

27  claim accordingly.

28         (f)  Upon approval of the tax refund pursuant to

29  paragraphs (c) and (d), the Comptroller shall issue a warrant

30  for the amount included in the final order. In the event of

31  any appeal of the final order, the Comptroller may not issue a

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  1  warrant for a refund to the qualified applicant until the

  2  conclusion of all appeals of the final order.

  3         (g)  A prorated tax refund, less a 5 percent penalty,

  4  shall be approved for a qualified applicant provided all other

  5  applicable requirements have been satisfied and the applicant

  6  proves to the satisfaction of the director that it has

  7  achieved at least 80 percent of its projected employment.

  8         (6)  ADMINISTRATION.--

  9         (a)  The office may department shall adopt rules

10  pursuant to chapter 120 for the administration of this

11  section.

12         (b)  The office department may verify information

13  provided in any claim submitted for tax credits under this

14  section with regard to employment and wage levels or the

15  payment of the taxes with the appropriate agency or authority

16  including the Department of Revenue, the Department of Labor

17  and Employment Security, or any local government or authority.

18         (c)  To facilitate the process of monitoring and

19  auditing applications made under this program, the office

20  department may provide a list of qualified applicants to the

21  Department of Revenue, the Department of Labor and Employment

22  Security, or to any local government or authority. The office

23  department may request the assistance of said entities with

24  respect to monitoring the payment of the taxes listed in

25  subsection (2).

26         (d)  By December 1 of each year, the office department

27  shall submit a complete and detailed report to the Governor,

28  the President of the Senate, and the Speaker of the House of

29  Representatives of all tax refunds paid under this section,

30  including analyses of benefits and costs, types of projects

31  supported, employment and investment created, geographic

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  1  distribution of tax refunds granted, and minority business

  2  participation.  The report must indicate whether the moneys

  3  appropriated by the Legislature to the qualified applicant tax

  4  refund program were expended in a prudent, fiducially sound

  5  manner.

  6         (7)  EXPIRATION.--An applicant may not be certified as

  7  qualified under this section after June 30, 1999.

  8         Section 11.  Paragraph (b) of subsection (4) of section

  9  288.106, Florida Statutes, is amended to read:

10         288.106  Tax refund program for qualified target

11  industry businesses.--

12         (4)  APPLICATION AND APPROVAL PROCESS.--

13         (b)  To qualify for review by the office, the

14  application of a target industry business must, at a minimum,

15  establish the following to the satisfaction of the office:

16         1.  The jobs proposed to be provided under the

17  application, pursuant to subparagraph (a)4., must pay an

18  estimated annual average wage equaling at least 115 percent of

19  the average private sector wage in the area where the business

20  is to be located or the statewide private sector average wage.

21  The office may waive this average wage requirement at the

22  request of the local governing body recommending the project

23  and Enterprise Florida, Inc.  The wage requirement may only be

24  waived for a project located in a rural city or county or in

25  an enterprise zone and only when the merits of the individual

26  project or the specific circumstances in the community in

27  relationship to the project warrant such action.  If the local

28  governing body and Enterprise Florida, Inc., make such a

29  recommendation, it must be transmitted in writing and the

30  specific justification for the waiver recommendation must be

31  explained.  If the director elects to waive the wage

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  1  requirement, the waiver must be stated in writing and the

  2  reasons for granting the waiver must be explained.

  3         2.  The target industry business's project must result

  4  in the creation of at least 10 jobs at such project and, if an

  5  expansion of an existing business, must result in a net

  6  increase in employment of not less than 10 percent at such

  7  business. Notwithstanding the definition of the term

  8  "expansion of an existing business" under paragraph (2)(g), at

  9  the request of the local governing body recommending the

10  project and Enterprise Florida, Inc., the office may define an

11  "expansion of an existing business" in a rural city, a rural

12  county, or an enterprise zone as the expansion of a business

13  resulting in a net increase in employment of less than 10

14  percent at such business, if the merits of the individual

15  project or the specific circumstances in the community in

16  relationship to the project warrant such action. If the local

17  governing body and Enterprise Florida, Inc., make such a

18  request, it must be transmitted in writing and the specific

19  justification for the request must be explained. If the

20  director elects to accept such request, such election must be

21  stated in writing and the reason for granting the request must

22  be explained.

23         3.  The business activity or product for the

24  applicant's project is within an industry or industries that

25  have been identified by the office to be high-value-added

26  industries that contribute to the area and to the economic

27  growth of the state and that produce a higher standard of

28  living for citizens of this state in the new global economy or

29  that can be shown to make an equivalent contribution to the

30  area and state's economic progress.

31

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  1         Section 12.  Subsection (1) of section 288.1221,

  2  Florida Statutes, is amended to read:

  3         288.1221  Legislative intent.--

  4         (1)  It is the intent of the Legislature to establish a

  5  public-private partnership to provide policy direction to and

  6  technical expertise in the promotion and marketing of the

  7  state's tourism attributes. The Legislature further intends to

  8  authorize this partnership to recommend the tenets of an

  9  industry standard 4-year 5-year marketing plan for an annual

10  marketing plan for tourism promotion and recommend a

11  comparable organizational structure to carry out such a plan.

12  The Legislature intends to have such a plan funded by that

13  portion of the rental car surcharge annually dedicated to the

14  Tourism Promotional Trust Fund, pursuant to s. 212.0606, and

15  by the tourism industry. The Legislature intends that the

16  exercise of this authority by the public-private partnership

17  shall take into consideration the recommendations made to the

18  1992 Legislature in the report submitted by the Florida

19  Tourism Commission created pursuant to chapter 91-31, Laws of

20  Florida.

21         Section 13.  Subsection (2) of section 288.1222,

22  Florida Statutes, is amended to read:

23         288.1222  Definitions.--For the purposes of ss.

24  288.017, 288.121-288.1226, and 288.124, the term:

25         (2)  "Tourist" means any person who participates in

26  trade or recreation activities outside the county country of

27  his or her permanent residence or who rents or leases

28  transient living quarters or accommodations as described in s.

29  125.0104(3)(a).

30         Section 14.  Paragraphs (f) and (g) of subsection (2)

31  of section 288.1223, Florida Statutes, are amended to read:

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  1         288.1223  Florida Commission on Tourism; creation;

  2  purpose; membership.--

  3         (2)

  4         (f)  The commission shall hold its first meeting no

  5  later than September 1992 and must meet at least quarterly.  A

  6  majority of the members shall constitute a quorum for the

  7  purpose of conducting business.

  8         (g)  The Governor shall serve as chair of the

  9  commission. The commission shall annually biennially elect one

10  of its tourism-industry-related members as vice chair, who

11  shall preside in the absence of the chair.

12         Section 15.  (1)  The Legislature finds that tourism

13  associated with the natural, cultural, and historical assets

14  of this state constitutes one of the fastest growing segments

15  of the travel and tourism industry. Such ecotourism and

16  heritage tourism hold significant potential for contributing

17  to the economic well-being of this state and its citizens

18  through the generation of revenues and the creation of jobs.

19  The Legislature further finds that there are opportunities to

20  promote travel experiences that link this state's traditional

21  travel destinations with its ecotourism or heritage tourism

22  destinations and to promote travel experiences that link

23  ecotourism or heritage tourism destinations within a county or

24  among multiple counties. Overarching these findings is the

25  Legislature's recognition that the state's ecotourism and

26  heritage tourism assets must be preserved and maintained if

27  they are to be enjoyed by future generations. It is the intent

28  of the Legislature to encourage the promotion of sustainable

29  ecotourism and heritage tourism in this state.

30         (2)  Subject to specific appropriation in the General

31  Appropriations Act, the Division of Recreation and Parks of

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  1  the Department of Environmental Protection is authorized to

  2  establish an ecotourism promotion program designed to

  3  encourage and facilitate visitation to state parks and to

  4  other natural resources in the state, while also safeguarding

  5  that such visitation does not jeopardize the environmental

  6  value or the sustainability of the resources. Funds

  7  appropriated for this program may be used to:

  8         (a)  Make infrastructure improvements within and to, or

  9  otherwise rehabilitate, state parks or other natural resources

10  under the jurisdiction of the division;

11         (b)  Develop and distribute marketing materials

12  describing ecotourism resources under the jurisdiction of the

13  division, including the proximity of the resources to

14  commercial tourism sites in a region or to other ecotourism

15  sites in a region in order to encourage travel experiences

16  that link these sites; or

17         (c)  Award ecotourism promotion grants to assist

18  localities and regions in promoting ecotourism or the economic

19  development activities related to such tourism.

20         1.  An eligible grant applicant is a governmental or

21  not-for-profit tourism or economic development organization in

22  this state. An application may be submitted jointly on behalf

23  of a combination of such organizations, in which case the

24  organizations together shall be deemed to be one applicant. An

25  organization may not participate in the submission of more

26  than one application.

27         2.  Applications submitted to the division must include

28  a requested grant amount and a detailed plan governing the

29  proposed use of the grant award. The division shall review

30  each application and shall submit award recommendations to the

31  Secretary of Environmental Protection for final approval.

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  1         3.  The division shall establish guidelines for

  2  administering this program and shall establish criteria for

  3  the competitive evaluation of grant applications. Evaluation

  4  criteria must include, but need not be limited to, the extent

  5  to which the plan submitted with the application links tourism

  6  sites within the community or region or links tourism sites

  7  within two or more communities or regions.

  8         4.  Eligible uses of grant awards include:

  9         a.  Marketing ecotourism sites;

10         b.  Marketing areas as appropriate sites for the

11  location or expansion of businesses that are engaged in or

12  that facilitate ecotourism activities; or

13         c.  Establishing local or regional ecotourism and

14  heritage tourism advisory and promotion organizations for

15  specific state parks.

16         5.  Each grant awarded to an applicant under this

17  program shall not exceed $30,000.

18         Section 16.  Section 288.90151, Florida Statutes, is

19  amended to read:

20         288.90151  Funding for contracting with Enterprise

21  Florida, Inc.--

22         (1)(a)  From funds appropriated from the General

23  Revenue Fund to the Office of Tourism, Trade, and Economic

24  Development for the purpose of annually contracting with

25  Enterprise Florida, Inc., 10 percent of such funds for the

26  fiscal year 1996-1997, 20 percent of such funds for the fiscal

27  year 1997-1998, 30 percent of such funds for the fiscal year

28  1998-1999, 40 percent of such funds for the fiscal year

29  1999-2000, and 50 percent of such funds for the fiscal year

30  2000-2001 shall be placed in reserve by the Executive Office

31  of the Governor.  The funds may be released through a budget

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  1  amendment, in accordance with chapter 216, as requested by

  2  Enterprise Florida, Inc., through the Office of Tourism,

  3  Trade, and Economic Development if Enterprise Florida, Inc.,

  4  has provided sufficient documentation that the same amount of

  5  matching private funds as the amount placed in reserve has

  6  been contributed during the same fiscal year to Enterprise

  7  Florida, Inc., in support of its economic development efforts.

  8  If sufficient documentation is not provided by the end of the

  9  fiscal year, such funds shall revert back to the General

10  Revenue Fund.

11         (b)  In fiscal years 1999-2000 and 2000-2001, 50

12  percent of the funds placed in reserve may be released by the

13  same budget amendment process if Enterprise Florida, Inc., has

14  provided sufficient documentation that the amount of matching

15  private funds contributed during the same fiscal year to

16  Enterprise Florida, Inc., is equal to 75 percent of the funds

17  placed in reserve. The remaining funds in reserve may be

18  released by the same budget amendment process if Enterprise

19  Florida, Inc., meets the requirements of paragraph (a).

20

21  In each fiscal year, at least 55 percent of the matching

22  private funds required to be documented under this subsection

23  must be comprised of the first category of matching private

24  funds described in subsection (3).

25         (2)  Prior to the 1999 Regular Session of the

26  Legislature, the Office of Program Policy Analysis and

27  Government Accountability shall conduct a review of the

28  contributions made to Enterprise Florida, Inc., during the

29  prior 3 years pursuant to this section.  The review must be

30  conducted in such a manner as to determine the amount and type

31  of matching private funds contributed and the circumstances

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  1  affecting the ability to achieve or not achieve the specified

  2  amount of matching private funds for each year.  Based on this

  3  information and historical data, the Office of Program Policy

  4  Analysis and Governmental Accountability shall determine

  5  whether the funding levels of matching private funds for

  6  fiscal year 1999-2000, and fiscal year 2000-2001, as specified

  7  in this section, are appropriate.  This report shall be

  8  submitted by January 1, 1999, to the President of the Senate,

  9  the Speaker of the House of Representatives, the Senate

10  Minority Leader, and the House Minority Leader.

11         (3)  For the purposes of this section, matching private

12  funds shall be divided into two categories. The first category

13  of matching private funds shall include any payment of cash

14  made in response to a solicitation by Enterprise Florida,

15  Inc., and used exclusively by Enterprise Florida, Inc., in its

16  operations or programs, excluding any payment of cash made by

17  any entity to qualify for any Enterprise Florida, Inc., state,

18  or local incentive, grant, or loan program, or any cash

19  received by Enterprise Florida, Inc., pursuant to a grant or

20  contract. The second category of matching private funds shall

21  include a conveyance of property, or payment or distribution

22  of property or anything of value, including contributions

23  in-kind having an attributable monetary value in any form, and

24  including any payment of cash not counted within the first

25  category of matching private funds. Contributions in-kind

26  include, but are not limited to, goods or services rendered.

27  The cost of the contribution shall be the reasonable cost to

28  the sponsor of the goods or services.

29         Section 17.  Subsection (3) is added to section

30  288.9618, Florida Statutes, to read:

31         288.9618  Microenterprises.--

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  1         (3)  Not more than 15 percent of the funds appropriated

  2  each fiscal year for activities under this section may be used

  3  for administrative expenses of the Office of Tourism, Trade,

  4  and Economic Development or for administrative expenses of the

  5  organization with which the office contracts under this

  6  section.

  7         Section 18.  Section 288.9958, Florida Statutes, is

  8  created to read:

  9         288.9958  PRIDE Job Placement Incentive Program.--

10         (1)  The Legislature recognizes that the location of

11  some correctional facilities has been determined by the desire

12  to provide employment opportunities for residents of

13  communities that have not experienced the economic growth of

14  other portions of the state. The Legislature further

15  recognizes that the corporation authorized by chapter 946 to

16  manage correctional work programs can provide expertise and

17  assistance in the areas of on-the-job training and employment

18  assistance. Partnerships between the state and the corporation

19  authorized by chapter 946 to manage correctional work programs

20  may result in increased employment opportunities for local

21  citizens. To assist the corporation authorized by chapter 946

22  in economic development initiatives that specifically enhance

23  the employment opportunities for WAGES participants, the PRIDE

24  Job Placement Incentive Program is created. The Legislature

25  hereby permits the corporation authorized by chapter 946 to

26  participate in the PRIDE Job Training Placement Incentive

27  Program.

28         (2)  The PRIDE Job Placement Incentive Program is

29  created to encourage the use of the corporation's expertise

30  and resources, including correctional facilities, in job

31  training and employment assistance in the economic development

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  1  of the state. The program shall be administered by the

  2  Workforce Development Board of Enterprise Florida, Inc. The

  3  Workforce Development Board shall adopt guidelines for the

  4  administration of this program. Awarding of grants is

  5  dependent upon legislative appropriation.

  6         (a)  The Workforce Development Board may authorize a

  7  grant of $1,000 to the corporation authorized by chapter 946,

  8  or a business working in association with such corporation,

  9  for full-time employment of a WAGES participant in those

10  workforce development regions and two sites identified by the

11  Workforce Development Board pursuant to subsection (3). The

12  incentive payment shall be paid incrementally, with a payment

13  of $250 upon initial employment, $250 at an employment

14  duration of 6 months, and $500 at an employment duration of 1

15  year. Such grants are provided to off-set the costs of

16  business location and training the local workforce. 

17         (b)  The Workforce Development Board may authorize a

18  grant of $2,400 to the corporation authorized by chapter 946,

19  or a business working in association with such corporation for

20  full-time employment of a WAGES participant and when the

21  corporation provides on-the-job training to the WAGES

22  participant.

23         (c)  Grants may not be issued for the employment of

24  individuals who have participated in a prison rehabilitative

25  industry program longer that 6 months in the 2 years prior to

26  employment.

27         (d)  WAGES participants eligible for employment in the

28  PRIDE Job Placement Incentive Program must be referred by

29  local WAGES coalitions to the corporation authorized by

30  chapter 946. 

31

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  1         (3)  The Workforce Development Board shall identify

  2  five workforce development regions in the state which have the

  3  least employment opportunities per WAGES participant and, if

  4  approved by the Workforce Development Board, two sites where

  5  the corporation authorized by chapter 946 has facilities or

  6  resources. The five workforce development regions and two

  7  sites, if applicable, designated by the Workforce Development

  8  Board as having the fewest employment opportunities per WAGES

  9  participant are those in which the corporation authorized by

10  chapter 946 or businesses working in association with such

11  corporation may be eligible for job placement incentives.

12         (4)  Businesses that have accepted a job placement

13  incentive pursuant to this section may also be eligible to

14  apply for any tax credits, wage supplementation, wage subsidy,

15  or employer payment for that employee which are authorized in

16  law or by agreement with the employer.

17         (5)  If approved by the Department of Corrections,

18  WAGES participants may be employed by the corporation

19  authorized by chapter 946 in those facilities not operated

20  within the secured perimeters of the prison grounds that are

21  managed by such corporation, and in other areas, as approved

22  by the Department of Corrections. A safety plan for all WAGES

23  participants in this program must be completed by the

24  corporation in cooperation with the Department of Corrections.

25         (6)  In carrying out the provisions of this section,

26  the corporation shall be entitled to all the privileges and

27  immunities as set forth in part II of chapter 946.

28         Section 19.  As part of the sector strategy approach to

29  economic development planning identified in section

30  288.905(2)(j), Florida Statutes, Enterprise Florida, Inc.,

31  shall examine the current and potential economic development

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  1  contribution of the biotechnology industry and other health

  2  technology industries to this state. In conducting this

  3  examination, Enterprise Florida, Inc., shall work in

  4  conjunction with representatives of the biotechnology industry

  5  and other health technology industries in this state. Such

  6  examination shall include, but is not limited to, an

  7  identification of impediments to the maintenance and growth of

  8  these industries in this state. One of the issues Enterprise

  9  Florida, Inc., shall consider is whether there are impediments

10  to the transfer of technology stemming from the state's

11  policies governing the working relationships between

12  university scientists and private businesses. Enterprise

13  Florida, Inc., shall also consider issues related to tax

14  policies applicable to these industries, the capital and

15  financing needs of these industries, and the research and

16  development needs of these industries, as well as any other

17  issues that Enterprise Florida, Inc., and the private-sector

18  representatives deem significant. Enterprise Florida, Inc.,

19  shall report to the Legislature on its findings by October 1,

20  1998, including any recommendations for legislative or other

21  action to improve the business climate for these industries.

22         Section 20.  Notwithstanding any provision of law to

23  the contrary, the governing body of a municipality or county

24  containing a United States Environmental Protection Agency

25  brownfield pilot project that was designated as of May 1,

26  1997, may apply to the Office of Tourism, Trade, and Economic

27  Development for designation of one enterprise zone

28  encompassing the brownfield pilot project if the project is

29  located in a county with a population less than one million.

30  The application must be submitted by December 31, 1999, and

31  must comply with the requirements of section 290.0055, Florida

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  1  Statutes, except section 290.0055(3), Florida Statutes.

  2  Notwithstanding the provisions of section 290.0065, Florida

  3  Statutes, limiting the total number of enterprise zones

  4  designated and the number of enterprise zones within a

  5  population category, the Office of Tourism, Trade, and

  6  Economic Development shall designate one enterprise zone under

  7  this section if the zone is consistent with the limitations

  8  imposed under this section. The Office of Tourism, Trade, and

  9  Economic Development shall establish the initial effective

10  date of the enterprise zone designated pursuant to this

11  section.

12         Section 21.  Subsection (4) of section 370.28, Florida

13  Statutes, is amended, and subsection (5) is added to that

14  section to read:

15         370.28  Enterprise zone designation; communities

16  adversely impacted by net limitations.--

17         (4)  Notwithstanding the enterprise zone residency

18  requirements set out in ss. 212.096(1)(c) and 220.03(1)(q),

19  businesses located in enterprise zones designated pursuant to

20  this section may receive the credit provided under s. 212.096

21  or s. 220.181 for hiring any person within the jurisdiction of

22  the county within which nominating community of such

23  enterprise zone is located.  All other provisions of ss.

24  212.096, 220.03(1)(q), and 220.181 apply to such businesses.

25  Notwithstanding the requirement specified in ss.

26  212.08(5)(g)5. and (h)5. and (15)(a) and 220.182(1)(b) that no

27  less than 20 percent of a business's employees, excluding

28  temporary and part-time employees, must be residents of an

29  enterprise zone for the business to qualify for the maximum

30  exemption or credit provided in ss. 212.08(5)(g) and (h) and

31  (15) and 220.182, a business that is located in an enterprise

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  1  zone designated pursuant to this section shall be qualified

  2  for those maximum exemptions or credits if no less than 20

  3  percent of such employees of the business are residents of the

  4  jurisdiction of the county within which the enterprise zone is

  5  located. All other provisions of ss. 212.08(5)(g) and (h) and

  6  (15) and 220.182 apply to such business.

  7         (5)  Notwithstanding the time limitations contained in

  8  chapters 212 and 220, a business eligible to receive tax

  9  credits under this section from January 1, 1997, to June 1,

10  1998, must submit an application for the tax credits by

11  December 1, 1998. All other requirements of the enterprise

12  zone program apply to such a business.

13         Section 22.  Section 414.25, Florida Statutes, is

14  amended to read:

15         414.25  Exemption from leased real property

16  requirements.--In order to facilitate implementation of this

17  chapter with respect to establishing jobs and benefits

18  offices, the Department of Labor and Employment Security and

19  the Department of Children and Family Services are exempt from

20  the requirements of s. 255.25 which relate to the procurement

21  of leased real property. This exemption expires June 30, 2000

22  1998.

23         Section 23.  Subsection (1) of section 479.261, Florida

24  Statutes, is amended to read:

25         479.261  Logo sign program.--

26         (1)  The department shall establish a logo sign program

27  for the rights-of-way of the interstate highway system to

28  provide information to motorists about available gas, food,

29  lodging, and camping services, and regional or local heritage,

30  historic, or scenic trails at interchanges, through the use of

31  business logos, and may include additional interchanges under

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  1  the program.  A logo sign for nearby attractions may be added

  2  to this program if allowed by federal rules.  An attraction as

  3  used in this chapter is defined as an establishment, site,

  4  facility, or landmark which is open a minimum of 5 days a week

  5  for 52 weeks a year; which charges an admission for entry;

  6  which has as its principal focus family-oriented

  7  entertainment, cultural, educational, recreational,

  8  scientific, or historical activities; and which is publicly

  9  recognized as a bona fide tourist attraction. However, the

10  permits for businesses seeking to participate in the

11  attractions logo sign program shall be awarded by the

12  department annually to the highest bidders, notwithstanding

13  the limitation on fees in subsection (5), which are qualified

14  for available space at each qualified location, but the fees

15  therefor may not be less than the fees established for logo

16  participants in other logo categories.

17         Section 24.  This act shall take effect July 1, 1998.

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                            CS/SB 760

  3

  4  The Committee Substitute for Committee Substitute for SB 760:

  5  1.   Removes requirements that the Florida Commission on
         Tourism establish a standing statewide advisory committee
  6       on ecotourism and heritage tourism and incorporate
         ecotourism and heritage tourism components into its
  7       comprehensive tourism marketing plan for the state.

  8  2.   Replaces authority for the tourism commission and the
         Office of Tourism, trade, and Economic Development to
  9       establish an ecotourism and heritage tourism promotion
         grant program with authority for the Division of
10       Recreation and Parks of the Department of Environmental
         Protection to establish an ecotourism program. Prescribes
11       uses of funds under the division's program, including
         improving state parks, developing promotional materials
12       to encourage park visitation, and awarding ecotourism
         promotion grants to local communities.
13
    3.   Expands the interstate highway logo-sign program to
14       include the provision of information to motorists about
         local or regional heritage, historic, or scenic trails.
15
    4.   Revises the proposed PRIDE Job Placement Incentive
16       Program to provide additional authority for WAGES-related
         employment in additional locations, to provide the
17       Department of Corrections with control over security
         related to this project, and to provide a grant for
18       on-the-job training that is separate from the proposed
         grant for job placement.
19
    5.   Provides that if at least 20 percent of the employees of
20       a business located in an enterprise zone designated in a
         community affected by the net ban are residents of the
21       county in which the enterprise zone is located, the
         business may be eligible for the maximum amount of: a)
22       the sales tax exemption for building materials used in
         the rehabilitation of real property in an enterprise
23       zone, c) the sales tax exemption for electrical energy
         used in an enterprise zone, and d) the corporate income
24       tax credit for property taxes paid on new or improved
         property in an enterprise zone.
25
    6.   Provides that a new employee who resides within the
26       county in which a net-ban enterprise zone is located may
         provide a basis for the job-creation tax credits against
27       sales tax and corporate income tax under the enterprise
         zone program.
28
    7.   Specifies that if a licensed commercial fishing vessel, a
29       fishing guide boat, or a ecotourism guide boat leaves and
         returns to a fixed location within an enterprise zone
30       designated in a community affected by the net ban, then
         business property used exclusively in such vessel or boat
31       is eligible for the sales tax exemption, provided that
         the vessel or boat is owned by a business eligible to
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  1       receive the exemption.

  2  8.   Provides that a business eligible to receive tax credits
         under the statute governing net ban enterprise zones from
  3       January 1, 1997, to June 1, 1998, may submit an
         application for the tax credits by December 1, 1998,
  4       notwithstanding that the time limitations imposed
         elsewhere in the Florida Statutes on claiming such tax
  5       credits may have passed.

  6  9.   Extends until the year 2000 a current exemption for the
         Department of Labor and Employment Security and the
  7       Department of Children and Family Services from the
         Requirements of s. 255.25, F.S., relating to approval
  8       required to lease certain real property, in order to
         facilitate establishment of jobs and benefits offices
  9       under the WAGES program.

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

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31

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