Senate Bill 0760e1

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    CS for CS for SB 760                           First Engrossed



  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.; replacing a reference to the Department

29         of Commerce with a reference to the Office of

30         Tourism, Trade, and Economic Development in the

31         definition of "economic development agency"


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    CS for CS for SB 760                           First Engrossed



  1         under a provision relating to the

  2         confidentiality of certain economic development

  3         information; specifying that the prohibition

  4         against contracting with entities that have

  5         requested confidentiality concerning certain

  6         economic development information does not apply

  7         to a public officer or employee or an economic

  8         development agency employee acting in his or

  9         her official capacity; amending s. 288.095,

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

11         the state share of tax refunds which may be

12         approved for a single fiscal year under the tax

13         refund programs for qualified defense

14         contractors, qualified target industry

15         businesses, and brownfield redevelopment;

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

17         limitation on the amount of tax refunds

18         approved for payment under the qualified

19         defense contractor tax refund program to the

20         amount appropriated by the Legislature for such

21         refunds; correcting references relating to

22         program administration; amending s. 288.106,

23         F.S.; authorizing a reduced employment

24         threshold for expanding businesses in certain

25         rural areas or enterprise zones under the tax

26         refund program for qualified target industry

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

28         conforming legislative intent on the time

29         period covered by a tourism promotion marketing

30         plan to the time period covered by the

31         marketing plan prepared by the Florida


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    CS for CS for SB 760                           First Engrossed



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

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

  3         definition of "tourist" to clarify that the

  4         term applies to a person participating in trade

  5         or recreation activities outside the county of

  6         permanent residence; amending s. 288.1223,

  7         F.S.; eliminating an historical reference to

  8         the first meeting of the Florida Commission on

  9         Tourism; providing that the commission shall

10         meet at least quarterly; providing that the

11         commission shall elect a vice chairman

12         annually; providing legislative findings and

13         intent on the potential economic development

14         benefits of ecotourism; authorizing the

15         Division of Recreation and Parks of the

16         Department of Environmental Protection, subject

17         to legislative appropriation, to establish an

18         ecotourism promotion program; providing for

19         eligible uses of funds under such program;

20         authorizing funds to be used to award

21         ecotourism promotion grants; prescribing grant

22         application procedures and eligible uses of

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

24         expanding the logo sign program to include

25         certain heritage, historic, or scenic trails;

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

27         matching private funding requirements for

28         Enterprise Florida, Inc.; providing for partial

29         release of funds placed in reserve under

30         specified circumstances; amending s. 288.9618,

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


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    CS for CS for SB 760                           First Engrossed



  1         the microenterprise program that may be used

  2         for administrative expenses; creating s.

  3         288.9958, F.S.; establishing the PRIDE Job

  4         Placement Incentive Program; directing

  5         Enterprise Florida, Inc., to examine the

  6         current and potential economic development

  7         contribution of the biotechnology industry and

  8         other health technology industries to this

  9         state; requiring Enterprise Florida, Inc., to

10         report to the Legislature on findings and

11         recommendations; providing for designation of

12         an enterprise zone that encompasses a

13         brownfield project under certain circumstances;

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

15         business located in an enterprise zone in a

16         community impacted by net limitations is

17         eligible for the maximum sales tax exemption

18         for building materials used in the

19         rehabilitation of real property in an

20         enterprise zone, for business property used in

21         an enterprise zone, and for electrical energy

22         used in an enterprise zone, and the maximum

23         enterprise zone property tax credit against the

24         corporate income tax, if a specified percentage

25         of its employees are residents of the

26         jurisdiction of the county, rather than of the

27         enterprise zone; requiring businesses eligible

28         to receive certain tax credits to apply for

29         such credits by a time certain; amending s.

30         414.25, F.S.; extending the expiration date;

31         requiring Enterprise Florida, Inc., to develop


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  1         a strategic plan designed to help Florida

  2         capitalize on economic opportunities with the

  3         Caribbean and South Africa; requiring

  4         Enterprise Florida, Inc., to develop a master

  5         plan for integrating international trade and

  6         reverse investment resources; prescribing

  7         procedures, content, and a submission deadline

  8         related to such plan; requiring Enterprise

  9         Florida, Inc., in conjunction with the Office

10         of Tourism, Trade, and Economic Development, to

11         prepare a plan to promote foreign direct

12         investment in Florida; prescribing procedures,

13         content, and a submission deadline related to

14         such plan; requiring Enterprise Florida, Inc.,

15         to develop a strategic plan that will allow

16         Florida to capitalize on the economic

17         opportunities associated with a post-embargo

18         Cuba; amending s. 14.2015, F.S.; relating to

19         the disbursement of certain funds by the Office

20         of Tourism, Trade, and Economic Development;

21         requiring reports; amending s. 15.18, F.S.;

22         providing for coordination of international

23         activities of the Department of State; amending

24         s. 55.604, F.S.; requiring foreign judgments to

25         be filed with the Secretary of State; amending

26         s. 55.605, F.S.; requiring the Secretary of

27         State to create and maintain a specified list

28         relative to foreign money judgments; amending

29         s. 15.18, F.S.; requiring the Secretary of

30         State to maintain lists relating to foreign

31         money judgments; creating s. 257.34, F.S.;


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    CS for CS for SB 760                           First Engrossed



  1         creating the Florida State International

  2         Archive; Providing requirements for the

  3         archive; providing for access to the archive;

  4         amending s. 288.8175, F.S.; authorizing linkage

  5         institutes to competitively apply for Targeted

  6         Market Pilot Projects Grants; creating s.

  7         288.9530, F.S.; providing for the creation of

  8         the Florida Business Expansion Corporation to

  9         provide business expansion assistance to

10         businesses in the state having job growth or

11         emerging technology potential; creating s.

12         288.9531, F.S.; providing for powers and duties

13         of the corporation; creating s. 288.9532, F.S.,

14         and s. 288.9533, F.S.; creating the corporation

15         board of directors and providing for their

16         powers and duties; creating s. 288.9534, F.S.;

17         providing that the corporation contracts with

18         an experienced management company to administer

19         and perform the duties of the corporation;

20         creating s. 288.9535, F.S.; creating the

21         Florida Business Expansion Account to receive

22         state, federal, and private financial resources

23         for the purpose of funding the objectives of

24         the corporation; creating s. 288.9536, F.S.;

25         providing for the reporting and review

26         requirements of the corporation; creating Part

27         IV of ch. 721; creating s. 721.96, F.S.;

28         providing a purpose for the commissioners of

29         deeds; creating s. 721.97, F.S.; authorizing

30         the appointment of commissioners of deed;

31         providing authority; ratifying certain actions


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    CS for CS for SB 760                           First Engrossed



  1         of commissioners of deeds; creating s. 721.98,

  2         F.S.; limiting powers of the Division of

  3         Florida Land Sales, Condominiums, and Mobile

  4         Homes; amending s. 288.012, F.S., relating to

  5         State of Florida foreign offices; directing

  6         each office to report annually to the Office of

  7         Tourism, Trade, and Economic Development on

  8         activities and accomplishments; prescribing the

  9         contents of such reports; authorizing the

10         Office of Tourism, Trade, and Economic

11         Development to contract with Enterprise

12         Florida, Inc., for the award of Inner City

13         Redevelopment Assistance Grants; amending s.

14         212.097, F.S.; relating to the Urban High-Crime

15         Job tax credit; permitting legislative review

16         of the program; providing for local government

17         reimbursement to the state under certain

18         circumstances; providing an effective date.

19

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

21

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

23  Statutes, is amended to read:

24         14.2015  Office of Tourism, Trade, and Economic

25  Development; creation; powers and duties.--

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

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

28  Development shall consider the impact of agency rules on

29  businesses, provide one-stop permit information and

30  assistance, and serve as an advocate for businesses,

31


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    CS for CS for SB 760                           First Engrossed



  1  particularly small businesses, in their dealings with state

  2  agencies.

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

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

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

  6  to, licenses and registrations.

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

  8         1.  Review proposed agency actions for impacts on small

  9  businesses and offer alternatives to mitigate such impacts, as

10  provided in s. 120.54.

11         2.  In consultation with the Governor's rules

12  ombudsman, make recommendations to agencies on any existing

13  and proposed rules for alleviating unnecessary or

14  disproportionate adverse effects to businesses.

15         3.  Make recommendations to the Legislature and to

16  agencies for improving permitting procedures affecting

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

18  annually thereafter as part of the report prepared pursuant to

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

20  Development shall submit a report to the Legislature on

21  containing the following:

22         a.  An identification and description of methods to

23  eliminate, consolidate, simplify, or expedite permits.

24         b.  An identification and description of those agency

25  rules repealed or modified during each calendar year to

26  improve the regulatory climate for businesses operating in the

27  state.

28         c.  A recommendation for an operating plan and funding

29  level for establishing an automated one-stop permit registry

30  to provide the following services:

31


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  1         (I)  Access by computer network to all permit

  2  applications and approval requirements of each state agency.

  3         (II)  Assistance in the completion of such

  4  applications.

  5         (III)  Centralized collection of any permit fees and

  6  distribution of such fees to agencies.

  7         (IV)  Submission of application data and circulation of

  8  such data among state agencies by computer network.

  9

10  Subject to legislative appropriation, the Office of Tourism,

11  Trade, and Economic Development is authorized to coordinate

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

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

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

15  the Legislature establishes such a registry is established,

16  subsequent annual reports to the Legislature from the Office

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

18  paragraph must cover the status and performance of this

19  registry.

20         4.  Serve as a clearinghouse for information on which

21  permits are required for a particular business and on the

22  respective application process, including criteria applied in

23  making a determination on a permit application. Each state

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

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

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

27  types of businesses and professions that it regulates and of

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

29  type of business or profession.

30

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  1         5.  Obtain information and permit applications from

  2  agencies and provide such information and permit applications

  3  to the public.

  4         6.  Arrange, upon request, informal conferences between

  5  a business and an agency to clarify regulatory requirements or

  6  standards or to identify and address problems in the permit

  7  review process.

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

  9  permit application.

10         8.  Receive complaints and suggestions concerning

11  permitting policies and activities of governmental agencies

12  which affect businesses.

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

14  does not preclude a person or business from dealing directly

15  with an agency.

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

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

18  consult with state agency personnel appointed to serve as

19  economic development liaisons under s. 288.021.

20         (f)  The office shall clearly represent that its

21  services are advisory, informational, and facilitative only.

22  Advice, information, and assistance rendered by the office

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

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

25  consequences resulting from the failure to issue or to secure

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

27  of the office and who receives a written statement identifying

28  required state permits relating to a business activity may not

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

30  that was not identified, if the applicant submits an

31  application for each such permit within 60 days after written


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    CS for CS for SB 760                           First Engrossed



  1  notification from the agency responsible for issuing the

  2  permit.

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

  4  212.08, Florida Statutes, is amended to read:

  5         212.08  Sales, rental, use, consumption, distribution,

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

  7  the rental, the use, the consumption, the distribution, and

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

  9  following are hereby specifically exempt from the tax imposed

10  by this chapter.

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

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

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

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

15  subsequently used in an enterprise zone shall be exempt from

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

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

18  refund shall be authorized upon an affirmative showing by the

19  taxpayer to the satisfaction of the department that the

20  requirements of this paragraph have been met.

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

22  oath with the governing body or enterprise zone development

23  agency having jurisdiction over the enterprise zone where the

24  business is located, as applicable, an application which

25  includes:

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

27  refund.

28         b.  The identifying number assigned pursuant to s.

29  290.0065 to the enterprise zone in which the business is

30  located.

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

  2  refund is sought, including its serial number or other

  3  permanent identification number.

  4         d.  The location of the property.

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

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

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

  8  from whom the property was purchased.

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

10  by s. 288.703(1).

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

12  permanent employee of the business, including, for each

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

14  identifying number assigned pursuant to s. 290.0065 to the

15  enterprise zone in which the employee resides.

16         3.  Within 10 working days after receipt of an

17  application, the governing body or enterprise zone development

18  agency shall review the application to determine if it

19  contains all the information required pursuant to subparagraph

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

21  governing body or agency shall certify all applications that

22  contain the information required pursuant to subparagraph 2.

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

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

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

26  business are residents of an enterprise zone, excluding

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

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

29  transmitted to the executive director of the Department of

30  Revenue. The business shall be responsible for forwarding a

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    CS for CS for SB 760                           First Engrossed



  1  certified application to the department within the time

  2  specified in subparagraph 4.

  3         4.  An application for a refund pursuant to this

  4  paragraph must be submitted to the department within 6 months

  5  after the business property is purchased.

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

  7  refund application made pursuant to this paragraph. The amount

  8  refunded on purchases of business property under this

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

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

11  20 percent of the employees of the business are residents of

12  an enterprise zone, excluding temporary and part-time

13  employees, the amount refunded on purchases of business

14  property under this paragraph shall be the lesser of 97

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

16  $10,000. A refund approved pursuant to this paragraph shall be

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

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

19  under this paragraph unless the amount to be refunded exceeds

20  $100 in sales tax paid on purchases made within a 60-day time

21  period.

22         6.  The department shall adopt rules governing the

23  manner and form of refund applications and may establish

24  guidelines as to the requisites for an affirmative showing of

25  qualification for exemption under this paragraph.

26         7.  If the department determines that the business

27  property is used outside an enterprise zone within 3 years

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

29  business purchasing such business property shall immediately

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

31  with the appropriate interest and penalty, computed from the


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

  2  Notwithstanding this subparagraph, business property used

  3  exclusively in:

  4         a.  Licensed commercial fishing vessels,

  5         b.  Fishing guide boats, or

  6         c.  Ecotourism guide boats

  7

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

  9  designated under s. 370.28 are eligible for the exemption

10  provided under this paragraph if all requirements of this

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

12  business that is eligible to receive the exemption provided

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

14  purchase of a vessel or boat.

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

16  percent of each refund granted under the provisions of this

17  paragraph from the amount transferred into the Local

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

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

20  is located and shall transfer that amount to the General

21  Revenue Fund.

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

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

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

25  as amended, except:

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

27  168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;

28         b.  Industrial machinery and equipment as defined in

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

30  paragraph (b); and

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    CS for CS for SB 760                           First Engrossed



  1         c.  Building materials as defined in sub-subparagraph

  2  (g)8.a.

  3         10.  The provisions of this paragraph shall expire and

  4  be void on December 31, 2005.

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

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

  7  amended to read:

  8         212.096  Sales, rental, storage, use tax; enterprise

  9  zone jobs credit against sales tax.--

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

11  section:

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

13  firm, partnership, corporation, bank, savings association,

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

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

16  enterprise zone. An eligible business does not include any

17  business which has claimed the credit permitted under s.

18  220.181 for any new business employee first beginning

19  employment with the business after July 1, 1995.

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

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

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

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

24  month.

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

26  enterprise zone, a qualified Job Training Partnership Act

27  classroom training participant, or a WAGES Program participant

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

29  1995, and who has not been previously employed within the

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

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    CS for CS for SB 760                           First Engrossed



  1  eligible business, claiming the credit allowed by this

  2  section.

  3

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

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

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

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

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

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

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

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

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

13  business must file under oath with the governing body or

14  enterprise zone development agency having jurisdiction over

15  the enterprise zone where the business is located, as

16  applicable, a statement which includes:

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

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

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

20  enterprise zone in which the employee resides if the new

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

22  applicable, documentation that the employee is a qualified Job

23  Training Partnership Act classroom training participant or a

24  WAGES Program participant.

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

26  Statutes, is amended to read:

27         212.097  Urban High-Crime Area Job Tax Credit

28  Program.--

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

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

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


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    CS for CS for SB 760                           First Engrossed



  1  qualified county and is predominantly engaged in, or is

  2  headquarters for a business predominantly engaged in,

  3  activities usually provided for consideration by firms

  4  classified within the following standard industrial

  5  classifications:  SIC 01 through SIC 09 (agriculture,

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

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

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

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

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

11  that services a multistate market or an international market

12  is also an eligible business. Excluded from eligible receipts

13  are receipts from retail sales, except such receipts for

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

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

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

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

18  from all sources is generated by those activities usually

19  provided for consideration by firms in the specified standard

20  industrial classification. The determination of whether the

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

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

23  application for the credit under this section. Commonly owned

24  and controlled entities are to be considered a single business

25  entity.

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

27  eligible business who performs duties in connection with the

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

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

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

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


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    CS for CS for SB 760                           First Engrossed



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

  2  an employee leased from an employee leasing company licensed

  3  under chapter 468, if such employee has been continuously

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

  5  week for more than 6 months.

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

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

  8  and clearly separate from any other commercial or business

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

10  area. A business entity that operated an eligible business

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

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

13  shall not be considered a new business.

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

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

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

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

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

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

20  to the following prioritized criteria:

21         1.  Highest arrest rates within the geographic area for

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

23  possession, prostitution, vandalism, and civil disturbances;

24         2.  Highest reported crime volume and rate of specific

25  property crimes such as business and residential burglary,

26  motor vehicle theft, and vandalism;

27         3.  Highest percentage of reported index crimes that

28  are violent in nature;

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

30  and

31


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  1         5.  Highest overall index crime rate for the geographic

  2  area.

  3

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

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

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

  7  areas are ranked 11 through 15.

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

  9  Statutes, is amended to read:

10         212.098  Rural Job Tax Credit Program.--

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

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

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

14  qualified county and is predominantly engaged in, or is

15  headquarters for a business predominantly engaged in,

16  activities usually provided for consideration by firms

17  classified within the following standard industrial

18  classifications:  SIC 01 through SIC 09 (agriculture,

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

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

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

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

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

24  that services a multistate market or an international market

25  is also an eligible business. Excluded from eligible receipts

26  are receipts from retail sales, except such receipts for

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

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

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

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

31  from all sources is generated by those activities usually


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  1  provided for consideration by firms in the specified standard

  2  industrial classification. The determination of whether the

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

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

  5  the credit under this section. Commonly owned and controlled

  6  entities are to be considered a single business entity.

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

  8  eligible business who performs duties in connection with the

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

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

11  within the qualified county in which the eligible business is

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

13  qualified employee.

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

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

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

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

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

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

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

21         1.  Highest unemployment rate for the most recent

22  36-month period.

23         2.  Lowest per capita income for the most recent

24  36-month period.

25         3.  Highest percentage of residents whose incomes are

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

27  available.

28         4.  Average weekly manufacturing wage, based upon the

29  most recent data available.

30

31


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

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

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

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

  5  through 15.

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

  7  beginning operation on a site in a qualified county and

  8  clearly separate from any other commercial or business

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

10  business entity that operated an eligible business within a

11  qualified county within the 48 months before the period

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

13  considered a new business.

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

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

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

17  220.03, Florida Statutes, is amended to read:

18         220.03  Definitions.--

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

20  not otherwise distinctly expressed or manifestly incompatible

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

22  following meanings:

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

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

25  zone, a qualified Job Training Partnership Act classroom

26  training participant, or a WAGES Program participant employed

27  at a business located in an enterprise zone who begins

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

29  1995, and who has not been previously employed within the

30  preceding 12 months by the business or a successor business

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


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

  2  performs duties in connection with the operations of the

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

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

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

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

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

  8  performing such duties at a business site located in an

  9  enterprise zone. The provisions of this paragraph shall expire

10  and be void on June 30, 2005.

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

12  220.181, Florida Statutes, is amended to read:

13         220.181  Enterprise zone jobs credit.--

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

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 during the

21  taxable year, including the identifying number assigned

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

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

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

25  the employee is a qualified Job Training Partnership Act

26  classroom training participant or a WAGES Program participant.

27         Section 8.  Section 288.075, Florida Statutes, is

28  amended to read:

29         288.075  Confidentiality of records.--

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

31  development agency" means the Office of Tourism, Trade, and


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  1  Economic Development Division of Economic Development of the

  2  Department of Commerce, any industrial development authority

  3  created in accordance with part III of chapter 159 or by

  4  special law, the public economic development agency that

  5  advises the county commission on the issuance of industrial

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

  7  development authority created in accordance with part III of

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

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

10  The term also includes any private agency, person,

11  partnership, corporation, or business entity when authorized

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

13  general business interests or industrial interests of the

14  state or that municipality or county.

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

16  partnership, or person, records of an economic development

17  agency which contain or would provide information concerning

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

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

20  its business activities in this state are confidential and

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

22  Constitution for 24 months after the date an economic

23  development agency receives a request for confidentiality or

24  until disclosed by an economic development agency pursuant to

25  subsection (4) or by the party requesting confidentiality

26  under this section. Confidentiality must be maintained until

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

28  information are otherwise disclosed, whichever occurs first.

29  This confidentiality does not apply when any party petitions a

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

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


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    CS for CS for SB 760                           First Engrossed



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

  2  the Legislature under the Open Government Sunset Review Act of

  3  1995 in accordance with s. 119.15.

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

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

  6  hearing.

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

  8  an employee of an economic development agency may not enter

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

10  person who has requested confidentiality of information

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

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

13  economic development agency employee is acting in an official

14  capacity.

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

16  development agency who violates the provisions of this section

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

18  provided in s. 775.082 or s. 775.083.

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

20  Statutes, is amended to read:

21         288.095  Economic Development Trust Fund.--

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

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

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

25  288.106, and 288.107. The office may not approve tax refunds

26  in excess of the amount appropriated to the Economic

27  Development Incentives Account for such tax refunds, for a

28  fiscal year pursuant to paragraph (b).

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

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

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


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  1  288.107 for a single fiscal year shall not exceed the lesser

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

  3  Development Incentives Account for such state share of tax

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

  5  Legislature does not appropriate an amount sufficient to

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

  7  288.1045, 288.106, and 288.107 in a fiscal year, the Office of

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

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

10  claim which shall be paid by dividing the amount appropriated

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

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

13  for a tax refund shall be multiplied by the resulting

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

15  funds remain in the Economic Development Incentives Account

16  for tax refunds, the office shall recalculate the proportion

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

18  accordingly.

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

20  Tourism, Trade, and Economic Development shall submit a

21  complete and detailed report to the board of directors of

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

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

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

25  payments made under all programs funded out of the Economic

26  Development Incentives Account, including analyses of benefits

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

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

29  Development shall also include a separate analysis of the

30  impact of such tax refunds on state enterprise zones

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


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    CS for CS for SB 760                           First Engrossed



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

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

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

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

  5  the House of Representatives. The report must discuss whether

  6  the authority and moneys appropriated by the Legislature to

  7  the Economic Development Incentives Account were managed and

  8  expended in a prudent, fiducially sound manner.

  9         (d)  Moneys in the Economic Development Incentives

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

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

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

13  Development may adopt rules necessary to carry out the

14  provisions of this subsection, including rules providing for

15  the use of moneys in the Economic Development Incentives

16  Account and for the administration of the Economic Development

17  Incentives Account.

18         Section 10.  Section 288.1045, Florida Statutes, is

19  amended to read:

20         288.1045  Qualified defense contractor tax refund

21  program.--

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

23         (a)  "Consolidation of a Department of Defense

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

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

26  contracts either from outside this state or from inside and

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

28  facilities inside this state.

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

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

31


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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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    CS for CS for SB 760                           First Engrossed



  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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    CS for CS for SB 760                           First Engrossed



  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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    CS for CS for SB 760                           First Engrossed



  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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    CS for CS for SB 760                           First Engrossed



  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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    CS for CS for SB 760                           First Engrossed



  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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    CS for CS for SB 760                           First Engrossed



  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.

31


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    CS for CS for SB 760                           First Engrossed



  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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    CS for CS for SB 760                           First Engrossed



  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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    CS for CS for SB 760                           First Engrossed



  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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    CS for CS for SB 760                           First Engrossed



  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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    CS for CS for SB 760                           First Engrossed



  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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    CS for CS for SB 760                           First Engrossed



  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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    CS for CS for SB 760                           First Engrossed



  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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    CS for CS for SB 760                           First Engrossed



  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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    CS for CS for SB 760                           First Engrossed



  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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    CS for CS for SB 760                           First Engrossed



  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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    CS for CS for SB 760                           First Engrossed



  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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    CS for CS for SB 760                           First Engrossed



  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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    CS for CS for SB 760                           First Engrossed



  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.  Enterprise Florida, Inc., shall prepare a

18  strategic plan designed to allow Florida to capitalize on the

19  economic opportunities associated with the Caribbean nations

20  and South Africa. The plan should recognize the historical and

21  cultural ties between this state and such areas and should

22  focus on building a long-term economic relationship between

23  these communities. The plan should also recognize existing

24  economic infrastructure in Florida that could be applied

25  toward trade and other business activities with the Caribbean

26  and South Africa. In developing this plan, Enterprise Florida,

27  Inc., shall solicit the participation and input of individuals

28  who have expertise on these areas and their economies,

29  including, but not limited to, business leaders in Florida who

30  have had previous business experience in these areas. The plan

31  may include recommendations for legislative action necessary


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  1  to implement the strategic plan. The plan must be submitted to

  2  the Governor and Legislature before January 1, 1999.

  3         Section 25.  Enterprise Florida, Inc., shall develop a

  4  master plan for integrating public-sector and private-sector

  5  international-trade and reverse-investment resources, in order

  6  that businesses may obtain comprehensive assistance and

  7  information in the most productive and efficient manner. The

  8  scope of this plan shall include, but need not be limited to,

  9  resources related to the provision of trade information, such

10  as trade leads and reverse investment opportunities; trade

11  counseling; and trade financing services. In developing the

12  master plan, Enterprise Florida, Inc., shall solicit the

13  participation and input of organizations providing these

14  resources, the consumers of these resources, and others who

15  have expertise and experience in international trade and

16  reverse investment. The master plan may include

17  recommendations for legislative action designed to enhance the

18  delivery of international-trade and reverse-investment

19  assistance. The master plan, which Enterprise Florida, Inc.,

20  may include within the annual update or modification to the

21  strategic plan required under section 288.905, Florida

22  Statutes, must be submitted to the Legislature and the

23  Governor before January 1, 1999.

24         Section 26.  Enterprise Florida, Inc., in conjunction

25  with the Office of Tourism, Trade, and Economic Development,

26  shall prepare a plan for promoting direct investment in

27  Florida by foreign businesses. This plan must assess and

28  inventory Florida's strengths as a location for foreign direct

29  investment and must include a detailed strategy for

30  capitalizing upon those strengths. In developing the plan,

31  Enterprise Florida, Inc., shall focus on businesses with


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  1  site-election criteria that are consistent with Florida's

  2  business climate, businesses likely to facilitate the

  3  transshipment of goods through Florida or to export

  4  Florida-produced goods from the state, and businesses that

  5  complement or correspond to those industries identified as

  6  part of the sector-strategy approach to economic development

  7  required under section 288.905, Florida Statutes. The plan

  8  must also identify weaknesses in Florida's ability to attract

  9  foreign direct investment and must include a detailed strategy

10  for addressing those weaknesses. The plan may include

11  recommendations for legislative action designed to enhance

12  Florida's ability to attract foreign direct investment. In

13  developing the plan, Enterprise Florida, Inc., shall solicit

14  the participation and input of entities that have expertise

15  and experience in foreign direct investment. The plan, which

16  Enterprise Florida, Inc., may include within the annual update

17  or modification to the strategic plan required under section

18  288.905, Florida Statutes, must be submitted to the

19  Legislature and the Governor before January 1, 1999.

20         Section 27.  In anticipation of the day that the people

21  of Cuba are no longer denied the inalienable rights and

22  freedom that all men and women should be guaranteed,

23  Enterprise Florida, Inc., shall prepare a strategic plan

24  designed to allow Florida to capitalize on the economic

25  opportunities associated with a free Cuba. The plan should

26  recognize the historical and cultural ties between this state

27  and Cuba and should focus on building a long-term economic

28  relationship between these communities. The plan should also

29  recognize existing economic infrastructure in Florida that

30  could be applied toward trade and other business activities

31  with Cuba. The plan should identify specific preparatory steps


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  1  to be taken in advance of a lifting of the trade embargo with

  2  Cuba. In developing this plan, Enterprise Florida, Inc., shall

  3  solicit the participation and input of individuals who have

  4  expertise on Cuba and its economy, including, but not limited

  5  to, business leaders in Florida who have had previous business

  6  experience in Cuba. The plan may include recommendations for

  7  legislative action necessary to implement the strategic plan.

  8  The plan must be submitted to the Governor and Legislature

  9  before January 1, 1999.

10         Section 28.  Subsection (9) is added to section

11  14.2015, Florida Statutes, to read:

12         14.2015  Office of Tourism, Trade, and Economic

13  Development; creation; powers and duties.--

14         (9)  The Office of Tourism, Trade, and Economic

15  Development shall ensure the prompt disbursement of funds when

16  responsible for the disbursement of funds. When such funds

17  have not been disbursed on or before legislatively or

18  contractually prescribed disbursement dates, or within 30 days

19  of the beginning of the state fiscal year, whichever is

20  applicable, the Office of Tourism, Trade, and Economic

21  Development shall notify the President of the Senate and the

22  Speaker of the House of Representatives of the fact that such

23  funds have not been disbursed, along with a brief description

24  of the reasons for the delay in disbursement. At the end of

25  each succeeding 30 day period that such funds remain

26  undisbursed, the Office of Tourism, Trade, and Economic

27  Development shall provide a supplemental report to the

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

29  Representatives with a brief description of the reasons for

30  the continued delay in disbursement.

31


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  1         Section 29.  Section 15.18, Florida Statutes, is

  2  amended to read:

  3         15.18  International and cultural relations.--The

  4  Divisions of Cultural Affairs, Historical Resources, and

  5  Library and Information Services of the Department of State

  6  promote programs having substantial cultural, artistic, and

  7  indirect economic significance that emphasize American

  8  creativity. The Secretary of State, as the head administrator

  9  of these divisions, shall hereafter be known as "Florida's

10  Chief Cultural Officer."  As this officer, the Secretary of

11  State is encouraged to initiate and develop relationships

12  between the state and foreign cultural officers, their

13  representatives, and other foreign governmental officials in

14  order to promote Florida as the center of American creativity.

15  The Secretary of State shall coordinate international

16  activities pursuant to this section with Enterprise Florida,

17  Inc., and any other organization the secretary deems

18  appropriate the Florida International Affairs Commission.  For

19  the accomplishment of this purpose, the Secretary of State

20  shall have the power and authority to:

21         (1)  Disseminate any information pertaining to the

22  State of Florida which promotes the state's cultural assets.

23         (2)  Plan and carry out activities designed to cause

24  improved cultural and governmental programs and exchanges with

25  foreign countries.

26         (3)  Plan and implement cultural and social activities

27  for visiting foreign heads of state, diplomats, dignitaries,

28  and exchange groups.

29         (4)  Encourage and cooperate with other public and

30  private organizations or groups in their efforts to promote

31  the cultural advantages of Florida.


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  1         (5)  Establish and maintain the list prescribed in s.

  2  55.605(2)(g), relating to recognition of foreign money

  3  judgments.

  4         (6)(5)  Serve as the liaison with all foreign consular

  5  and ambassadorial corps, as well as international

  6  organizations, that are consistent with the purposes of this

  7  section.

  8         (7)(6)  Provide, arrange, and make expenditures for the

  9  achievement of any or all of the purposes specified in this

10  section.

11         (8)(7)  Notwithstanding the provisions of part I of

12  chapter 287, promulgate rules for entering into contracts

13  which are primarily for promotional services and events, which

14  may include commodities involving a service.  Such rules shall

15  include the authority to negotiate costs with the offerors of

16  such services and commodities who have been determined to be

17  qualified on the basis of technical merit, creative ability,

18  and professional competency. The rules shall only apply to the

19  expenditure of funds donated for promotional services and

20  events. Expenditures of appropriated funds shall be made only

21  in accordance with part I of chapter 287.

22         Section 30.  Subsections (1) and (6) of section 55.604,

23  Florida Statutes, are amended to read:

24         55.604  Recognition and enforcement.--Except as

25  provided in s. 55.605, a foreign judgment meeting the

26  requirements of s. 55.603 is conclusive between the parties to

27  the extent that it grants or denies recovery of a sum of

28  money. Procedures for recognition and enforceability of a

29  foreign judgment shall be as follows:

30         (1)  The foreign judgment shall be filed with the

31  Department of State and the clerk of the court and recorded in


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  1  the public records in the county or counties where enforcement

  2  is sought. The filing with the Department of State shall not

  3  create a lien on any property.

  4         (a)  At the time of the recording of a foreign

  5  judgment, the judgment creditor shall make and record with the

  6  clerk of the circuit court an affidavit setting forth the

  7  name, social security number, if known, and last known

  8  post-office address of the judgment debtor and of the judgment

  9  creditor.

10         (b)  Promptly upon the recording of the foreign

11  judgment and the affidavit, the clerk shall mail notice of the

12  recording of the foreign judgment, by registered mail with

13  return receipt requested, to the judgment debtor at the

14  address given in the affidavit and shall make a note of the

15  mailing in the docket. The notice shall include the name and

16  address of the judgment creditor and of the judgment

17  creditor's attorney, if any, in this state. In addition, the

18  judgment creditor may mail a notice of the recording of the

19  judgment to the judgment debtor and may record proof of

20  mailing with the clerk. The failure of the clerk to mail

21  notice of recording will not affect the enforcement

22  proceedings if proof of mailing by the judgment creditor has

23  been recorded.

24         (6)  Once an order recognizing the foreign judgment has

25  been entered by a court of this state, the order and a copy of

26  the judgment shall be filed with the Department of State and

27  may be recorded in any other county of this state without

28  further notice or proceedings, and shall be enforceable in the

29  same manner as the judgment of a court of this state.

30         Section 31.  Paragraph (g) of subsection (2) of section

31  55.605, Florida Statutes, is amended to read:


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  1         55.605  Grounds for nonrecognition.--

  2         (2)  A foreign judgment need not be recognized if:

  3         (g)  The foreign jurisdiction where judgment was

  4  rendered would not give recognition to a similar judgment

  5  rendered in this state. For purposes of this paragraph, the

  6  Secretary of State shall establish and maintain a list of

  7  foreign jurisdictions where the condition specified in this

  8  paragraph has been found to apply.

  9         Section 32.  Section 5.  Section 257.34, Florida

10  Statutes, is created to read:

11         257.34  Florida State International Archive and

12  Repository.--

13         (1)  There is created within the Division of Library

14  and Information Services of the Department of State the

15  Florida International Archive and Repository for the

16  preservation of those public records, as defined in s.

17  119.011(1), manuscripts, international judgements involving

18  disputes between domestic and foreign businesses, and all

19  other public matters the department or the Florida Council of

20  International Development deems relevant to international

21  issues. It is the duty and responsibility of the division to:

22         (a)  Organize and administer the Florida State

23  International Archive and Repository;

24         (b)  Preserve and administer such records as shall be

25  transferred to its custody; accept, arrange, and preserve

26  them, according to approved archival and repository practices;

27  and permit them, at reasonable times and under the supervision

28  of the division, to be inspected, examined, and copied. All

29  public records transferred to the custody of the division

30  shall be subject to the provisions of s. 119.07(1).

31


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  1         (c)  Assist the records and information management

  2  program in the determination of retention values for records;

  3         (d)  Cooperate with and assist insofar as practicable

  4  state institutions, departments, agencies, counties,

  5  municipalities, and individuals engaged in international

  6  related activities;

  7         (e)  Provide a public research room where, under rules

  8  established by the division, the materials in the

  9  international archive and repository may be studied;

10         (f)  Conduct, promote, and encourage research in

11  international trade, government, and culture and maintain a

12  program of information, assistance, coordination, and guidance

13  for public officials, educational institutions, libraries, the

14  scholarly community, and the general public engaged in such

15  research;

16         (g)  Cooperate with and, insofar as practicable, assist

17  agencies, libraries, institutions, and individuals in projects

18  designed to promote international related issues and preserve

19  original materials relating to international related issues;

20  and

21         (h)  Assist and cooperate with the records and

22  information management program in the training and information

23  program described in s. 257.36(1)(g).

24         (2)  Any agency is authorized and empowered to turn

25  over to the division any record no longer in current official

26  use. The division, in its discretion, is authorized to accept

27  such record and, having done so, shall provide for its

28  administration and preservation as herein provided and, upon

29  acceptance, shall be considered the legal custodian of such

30  record. The division is empowered to direct and effect the

31  transfer to the archives of any records that are determined by


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  1  the division to have such historical or other value to warrant

  2  their continued preservation or protection, unless the head of

  3  the agency which has custody of the records certifies in

  4  writing to the division that the records shall be retained in

  5  the agency's custody for use in the conduct of the regular

  6  current business of the agency.

  7         (3)  Title to any record transferred to the Florida

  8  State International Archive and Repository, as authorized in

  9  this chapter, shall be vested in the division.

10         (4)  The division shall make certified copies under

11  seal of any record transferred to it upon the application of

12  any person, and said certificates shall have the same force

13  and effect as if made by the agency from which the record was

14  received. The division may charge a fee for this service based

15  upon the cost of service.

16         (5)  The division may establish and maintain a schedule

17  of fees for services which shall include, but not be limited

18  to, restoration of materials, storage of materials, special

19  research services, and publications.

20         (6)  The division shall establish and maintain a

21  mechanism by which the information contained within the

22  Florida State International Archive and Repository may be

23  accessed by computer via the World Wide Web. In doing so, the

24  division shall take whatever measures it deems appropriate to

25  insure the validity, quality and safety of the information

26  being accessed.

27         (7)  The division shall promulgate such rules as are

28  necessary to implement the provisions of this section.

29         (8)  The Florida Council of International Development

30  may select materials for inclusion in the Florida State

31  International Archive and Repository and shall be consulted


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  1  closely by the division in all matters relating to its

  2  establishment and maintenance.

  3         Section 33.  Present subsections (3), (4), and (5) of

  4  section 288.012, Florida Statutes, are redesignated as

  5  subsections (4), (5), and (6), respectively, and a new

  6  subsection (3) is added to that section to read:

  7         288.012  State of Florida foreign offices.--The

  8  Legislature finds that the expansion of international trade

  9  and tourism is vital to the overall health and growth of the

10  economy of this state. This expansion is hampered by the lack

11  of technical and business assistance, financial assistance,

12  and information services for businesses in this state. The

13  Legislature finds that these businesses could be assisted by

14  providing these services at State of Florida foreign offices.

15  The Legislature further finds that the accessibility and

16  provision of services at these offices can be enhanced through

17  cooperative agreements or strategic alliances between state

18  entities, local entities, foreign entities, and private

19  businesses.

20         (3)  By October 1 of each year, each foreign office

21  shall submit to the Office of Tourism, Trade, and Economic

22  Development a complete and detailed report on its activities

23  and accomplishments during the preceding fiscal year. In a

24  format provided by Enterprise Florida, Inc., the report must

25  set forth information on:

26         (a)  The number of Florida companies assisted.

27         (b)  The number of inquiries received about investment

28  opportunities in this state.

29         (c)  The number of trade leads generated.

30         (d)  The number of investment projects announced.

31


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  1         (e)  The estimated U.S. dollar value of sales

  2  confirmations.

  3         (f)  The number of representation agreements.

  4         (g)  The number of company consultations.

  5         (h)  Barriers or other issues affecting the effective

  6  operation of the office.

  7         (i)  Changes in office operations which are planned for

  8  the current fiscal year.

  9         (j)  Marketing activities conducted.

10         (k)  Strategic alliances formed with organizations in

11  the country in which the office is located.

12         (l)  Activities conducted with other Florida foreign

13  offices.

14         (m)  Any other information that the office believes

15  would contribute to an understanding of its activities.

16         Section 34.  Subsection (9) of section 288.8175,

17  Florida Statutes, is amended to read:

18         288.8175  Linkage institutes between postsecondary

19  institutions in this state and foreign countries.--

20         (9)  The Department of Education shall review and make

21  linkage-institute budget requests to the Governor and the

22  Legislature. State appropriations for institutes created under

23  this section must be made by a single lump-sum line item to

24  the department, which must apportion the funds among the

25  various institutes in accordance with criteria established by

26  the department. The linkage institutes shall be eligible to

27  apply on a competitive basis to the Office of Tourism, Trade,

28  and Economic Development for the Targeted Market Pilot Project

29  Grants Program as defined in s. 14.2015, designed to improve

30  short and long term international business opportunities for

31  Florida businesses.


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  1         Section 35.  Section 288.9530, Florida Statutes, is

  2  created to read:

  3         288.9530  The Florida Business Expansion Corporation.--

  4         (1)  The Florida Business Expansion Corporation is

  5  hereby created as a corporation not-for-profit, to be

  6  incorporated under the provisions of chapter 617. The

  7  corporation is organized on a nonstock basis. The corporation

  8  shall provide business expansion assistance to businesses in

  9  this state having job growth or emerging technology potential

10  and fewer than 500 employees. The primary purpose of the

11  corporation shall be to assist such Florida businesses to grow

12  through the development of cross-border transactions which

13  lead to increased revenues, cost reductions, sales or

14  investments for Florida businesses. For purposes of this Act,

15  "cross-border transactions" shall be defined as the formation

16  of joint venture, strategic alliance, investment, technology

17  transfer or licensing, co-development, or other commercial

18  relationships between Florida businesses and non-Florida

19  entities. In providing its services, the corporation shall

20  seek to recover its costs and expenditures of state funds via

21  fee, equity participation, or any other form of revenue

22  generation or recovery, and to achieve the self-sufficiency of

23  its operations. It is the intent of the Legislature that the

24  corporation achieve self-sufficiency within three years of its

25  establishment. For the purposes of this section, the term

26  "self-sufficiency" shall mean that the annual expenses of

27  operation of the corporation shall be less than or equal to

28  the total value of the compensation derived including fee,

29  equity participation, or any other form of revenue generation

30  or recovery from the operations of the corporation by June 30,

31  2001.


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  1         (2)  The corporation is intended to compliment, rather

  2  than duplicate, the services and programs of Enterprise

  3  Florida, Inc., the Florida Export Finance Corporation, and

  4  other existing economic development entities. The corporation

  5  programs are to serve small to mid-sized Florida firms in

  6  conducting transactions with entities located in other states

  7  and nations.

  8         Section 36.  Section 288.9531, Florida Statutes, is

  9  created to read:

10         288.9531  Powers and Duties of the Corporation.--

11         (1)  In addition to all of the statutory powers of

12  Florida not-for-profit corporations, the corporation shall

13  have the power and duty to:

14         (a)  Perform analyses of opportunities to Florida

15  businesses from the formation of stronger and numerous

16  commercial relationships through cross-border transactions;

17         (b)  Locate Florida businesses which are strong

18  candidates for business expansion and match such businesses

19  with joint venture or strategic alliance partners, sources of

20  investment capital, or purchasers or licensees of technology;

21         (c)  Prepare selected Florida firms to achieve business

22  expansion through preparation of business plans and marketing

23  materials, arranging participation in major domestic and

24  international events targeted towards industry participants

25  and investors, and placement of articles in business press and

26  trade publications;

27         (d)  Counsel Florida businesses in the development and

28  execution of cross-border transactions;

29         (e)  Develop, in conjunction with target businesses,

30  criteria for evaluation of potential cross-border transactions

31  or strategic partners;


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  1         (f)  Provide listings of strategic partners which meet

  2  agreed-upon criteria;

  3         (g)  Develop negotiating strategies and marketing

  4  materials designed to address the concerns of potential

  5  strategic partners;

  6         (h)  Approach and initiate discussions with potential

  7  strategic partners and investors;

  8         (i)  Present Florida small and medium-sized firms to

  9  potential strategic partners and investors;

10         (j)  Identify and, in conjunction with associated

11  professionals, provide guidance on critical business and legal

12  issues associated with proposed transactions, including issues

13  relating to transfers of assets, ownership of intellectual

14  property, tax planning, and other relevant matters;

15         (k)  Assist in the negotiation of pricing and terms of

16  participation of the parties;

17         (l)  Close cross-border transactions on behalf of

18  Florida small and medium-sized firms, and manage outside

19  professionals in the closing of the transaction;

20         (m)  Handle issues that arise after closing to ensure

21  continued success of the transaction; and

22         (n)  Charge fees, in amounts to be determined by the

23  board, to defray the operating costs of its programs.

24         (2)  On or before December 31, 1998, the corporation

25  shall submit to the Office of Tourism, Trade, and Economic

26  Development a business plan providing further specifics of its

27  operations, including, but not limited to, the following:

28         (a)  Specific goals and outcomes to be achieved by the

29  corporation in the accomplishment of its statutory duties;

30         (b)  Types of specific assistance to be rendered to

31  Florida businesses, including detailed descriptions of the


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  1  specific steps required to provide each type of assistance,

  2  and the projected costs of such assistance; and

  3         (c)  Specific provisions for the self-sufficient

  4  operation of the corporation prior to July 1, 2001, including

  5  specific projections of the compensation anticipated from

  6  generation of successful cross-border transactions.

  7         (d)  A description of the manner in which the

  8  corporation will interact with existing state-sponsored

  9  economic development entities.

10         (3)  The business plan and the data upon which it is

11  based shall constitute a public record and shall be

12  distributed in a manner which will provide maximum benefit to

13  Florida businesses.

14         Section 37.  Section 288.9532, Florida Statutes, is

15  created to read:

16         288.9532  Board of directors.--

17         (1)  The corporation shall have an initial board of

18  directors consisting of the following persons:

19         (a)  The President of Enterprise Florida, Inc., or his

20  designee;

21         (b)  The Comptroller or his designee;

22         (c)  The Commissioner of Insurance or his designee;

23         (d)  The chair of the Florida Black Business Investment

24  Board or his designee;

25         (e)  The chair of the Florida Export Finance

26  Corporation or his designee; and

27         (f)  The chair of the Florida First Capital Finance

28  corporation or his designee.

29         (2)  Notwithstanding the provisions of subsection (1),

30  the board of directors may by resolution appoint to the board

31  up to ten at-large members from the private sector, each of


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  1  whom shall serve a 2-year term. Minority and gender

  2  representation shall be considered when making at-large

  3  appointments to the board. At-large members shall have the

  4  powers and duties of other members of the board. An at-large

  5  member is eligible for reappointment, but may not vote on his

  6  or her own reappointment.

  7         (3)  The board shall ensure that its composition is

  8  reflective of the diversity of Florida's business community,

  9  and to the greatest degree possible shall include, but not be

10  limited to, individuals representing small and medium-sized

11  businesses, minority businesses, universities and other

12  institutions of higher education, and international and

13  domestic economic development organizations. A majority of

14  at-large members of the board shall have significant

15  experience in international business, with expertise in the

16  areas of trade, transportation, finance, law, or

17  manufacturing.

18         (4)  Members of the board of directors shall serve

19  without compensation, but members, the president, and staff

20  may be reimbursed for all reasonable, necessary, and actual

21  expenses, as determined by the board of directors.

22         (5)  A majority of currently serving members of the

23  board shall constitute a quorum for purposes of all business

24  of the board.

25         Section 38.  Section 288.9533, Florida Statutes, is

26  created to read:

27         288.9533  Powers and Duties of the Board of

28  Directors.--The board shall:

29         (1)  Prior to the expenditure of funds from the Florida

30  Business Expansion account, adopt bylaws and internal

31  procedures which are necessary to carry out the


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  1  responsibilities of the corporation. The articles and bylaws

  2  of the corporation shall be reviewed and approved by the

  3  Office of Tourism, Trade, and Economic Development prior to

  4  final adoption by the board;

  5         (2)  Hold regularly scheduled meetings, at least

  6  quarterly, in order to carry out the objectives and duties of

  7  the board;

  8         (3)  Develop a streamlined application and review

  9  process;

10         (4)  Adopt rules and policies, including application

11  and award criteria, regarding eligibility of businesses to

12  receive assistance from the corporation. Such rules and

13  policies shall include, but not be limited to, the

14  requirements that the target businesses:

15         (a)  Shall have substantial operations in Florida;

16         (b)  Shall have products, business or technology in

17  existence at the time of application;

18         (c)  Shall have proven management;

19         (d)  Shall be in a stage of business which is favorable

20  to expansion of the business into international markets;

21         (e)  Shall have products or technologies which have a

22  substantial potential for beneficial effect on business

23  expansion, business revenue or employment in Florida; and

24         (f)  Shall have products or technologies which are

25  potential technology or market leaders with substantial

26  commercial potential in international markets.

27         (5)  Proposed awards of assistance shall be reviewed

28  and approved at meetings of the board. The board shall give

29  the highest priority to activities that offer the greatest

30  opportunity for economic development impact and cost recovery.

31


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  1         Section 39.  Chapter 288.9534, Florida Statutes, is

  2  created to read:

  3         288.9534  Management of the Corporation.--

  4         (1)  The activities of the corporation shall be

  5  administered under a multiyear contract with a private sector

  6  entity selected by the board no later than September 1, 1998.

  7  Such company shall have responsibility for performance of all

  8  statutory duties of the corporation, under the control and

  9  supervision of the board. Potential management companies

10  shall:

11         (a)  Have existing operations in Florida, and provide

12  Florida-resident personnel to perform services under the

13  contract;

14         (b)  Have an established record of success in the

15  creation of cross-border transactions, and at least ten years

16  of operational experience in such business;

17         (c)  Have staff with substantial financial and

18  international affairs experience;

19         (d)  Have international offices;

20         (e)  Commit to a cash match expenditure of ten percent

21  of the amount of the state contract issued pursuant to this

22  section, with such cash to be provided from the capital of the

23  contractor and expended directly in the pursuit of the

24  statutory purposes of the corporation; and

25         (f)  Have substantial experience in as many of the

26  following areas as possible:

27         1.  Arrangement of cross-border transactions;

28         2.  Development and implementation of market entry

29  strategies for business expansion;

30         3.  Preparation of market analyses and strategic plans;

31  and


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  1         4.  Work with foreign and domestic financial

  2  institutions, highly regulated industries and foreign

  3  governments.

  4         (2)  The company selected pursuant to this subsection

  5  shall provide personnel to serve as officers of the

  6  corporation who shall perform on behalf of the corporation all

  7  of the customary functions of the offices they occupy.

  8         (3)  The board shall provide by contract for division

  9  with the management company of total compensation derived from

10  the operations of the corporation. Such division shall be made

11  quarterly, and shall involve the total compensation of the

12  corporation which are in excess of the expenses of the

13  corporation for that quarter.

14         (4)  Prior to securing management services for the

15  corporation, staffing of the corporation shall be provided by

16  the Office of Tourism, Trade, and Economic Development, which

17  shall provide to the board by August 7, 1998, a list of

18  candidates qualified and desiring to perform the duties of the

19  management company specified in this section. The Office of

20  Tourism, Trade, and Economic Development shall also have

21  responsibility for the establishment of performance measures

22  and requirements which provide for the performance of the

23  statutory duties of the corporation, as well as the following:

24         (a)  Specific outcomes from the performance of the

25  management company, as well as timetables for the

26  accomplishment of such outcomes;

27         (b)  Requirements relating to the handling of state

28  funds and providing for third party audit and financial review

29  of the operations of the corporation;

30

31


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  1         (c)  Reversion to the state of all assets of the

  2  corporation in the event of cessation of operations of the

  3  corporation; and

  4         (d)  Termination of the management company in the event

  5  of its failure to perform the duties or deliver the outcomes

  6  provided in the management contract.

  7         Section 40.  Section 288.9535, Florida Statutes, is

  8  created to read:

  9         288.9535  Florida Business Expansion Account.--

10         (1)  The board shall create the Florida Business

11  Expansion account for the purpose of receiving state, federal,

12  and private financial resources, and the return from

13  employment of those resources, and for the purposes of the

14  corporation. The account shall be under the exclusive control

15  of the board.

16         (2)  Resources in the account shall be allocated for

17  operating expenses of the corporation and for other

18  statutorily authorized purposes, including costs of research,

19  provision of business assistance to targeted businesses, and

20  other costs.

21         (3)  Appropriations for the corporation shall be

22  deposited into the account.

23         (4)  The board may establish the account and any

24  sub-accounts necessary and convenient for the operation of the

25  corporation with state or federally chartered financial

26  institutions in this state and may invest the assets of the

27  account in permissible securities.

28         (5)  At all times, the board shall attempt to maximize

29  the returns on funds in the account.

30

31


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  1         (6)  All revenues received from the operations of the

  2  corporation shall be redeposited in the account to be used to

  3  promote the statutory purposes of the corporation.

  4         (7)  Under no circumstances shall the credit of the

  5  state be pledged by or on behalf of the corporation, other

  6  than funds appropriated by law to the account, nor shall the

  7  state be liable or obligated in any way for claims on the

  8  account or against the corporation.

  9         (8)  Pursuant to s. 216.351, the amount of any moneys

10  appropriated to the account which are unused at the end of the

11  fiscal year shall not be subject to reversion under s.

12  216.301. All moneys in the account are continuously

13  appropriated to the account and may be used for the purposes

14  specified in this section. The Office of Tourism, Trade, and

15  Economic Development shall ensure that all funds in the

16  account shall revert to the state in the event that the

17  corporation is dissolved, ceases operations, or upon the

18  evaluation of the board that such services cannot be provided

19  on a cost-recovery basis. Such a determination shall be made

20  only after an initial period of program setup and market

21  research of at least one year.

22         Section 41.  Section 288.9536, Florida Statutes, is

23  created to read:

24         288.9536  Reporting and Review.--

25         (1)  By September 1, 1999, the corporation in

26  cooperation with the Office of Program Policy Analysis and

27  Government Accountability shall develop a research design,

28  including goals and measurable objectives for the corporation,

29  which will provide the Legislature with a quantitative

30  evaluation of the corporation. The corporation shall utilize

31  the monitoring mechanisms and reports developed in the designs


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  1  and provide these reports to the Governor, the President of

  2  the Senate, the Speaker of the House of Representatives, and

  3  the Office of Program Policy Analysis and Government

  4  Accountability.

  5         (2)  On January 31, 2000, and on January 31 of each

  6  succeeding year, the corporation shall prepare a report on the

  7  financial status of the corporation and the account and shall

  8  submit a copy of the report to the Governor, the President of

  9  the Senate, the Speaker of the House of Representatives, and

10  the President of Enterprise Florida, Inc. The report shall

11  specify the assets and liabilities of the account within the

12  current fiscal year and shall include a list of the businesses

13  assisted, the benefits obtained by each business assisted,

14  including, but not limited to, increased revenues, cost

15  reductions, sales or investment which have been realized by

16  such businesses.

17         (3)  Prior to the 2001 regular session of the

18  Legislature, the Office of Program Policy Analysis and

19  Government Accountability shall perform a review and

20  evaluation of the corporation using the research design

21  promulgated pursuant to this section. The report shall review

22  and comment on the operations and accomplishments of the

23  corporation. A report of the findings and recommendations of

24  the Office of Program Policy Analysis and Government

25  Accountability shall be submitted to the President of the

26  Senate and the Speaker of the House of Representatives prior

27  to the 2001 regular session.

28         Section 42.  Part IV of chapter 721, Florida Statutes,

29  consisting of sections 721.96, 721.97, and 721.98, is created

30  to read:

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  1         721.96  Purpose.--The purpose of this part is to

  2  provide for the appointment of commissioners of deeds to take

  3  acknowledgments, proofs of execution and oaths outside the

  4  United States in connection with the execution of any deed,

  5  mortgage, deed of trust, contract, power of attorney, or any

  6  other agreement, instrument or writing concerning, relating

  7  to, or to be used or recorded in connection with a timeshare

  8  estate, timeshare license, any property subject to a timeshare

  9  plan, or the operation of a timeshare plan located within this

10  state.

11         721.97  Timeshare Commissioner of Deeds.--

12         (1)  The Governor may appoint commissioners of deeds to

13  take acknowledgments, proofs of execution or oaths in any

14  foreign country. The term of office shall be for four years.

15  Commissioners of deeds shall have authority to take

16  acknowledgments, proofs of execution and oaths in connection

17  with the execution of any deed, mortgage, deed of trust,

18  contract, power of attorney, or any other writing to be used

19  or recorded in connection with a timeshare estate, timeshare

20  license, any property subject to a timeshare plan, or the

21  operation of a timeshare plan located within this state;

22  provided such instrument or writing is executed outside the

23  United States. Such acknowledgments, proofs of execution and

24  oaths must be taken or made in the manner directed by the laws

25  of this state, including, but not limited to, s. 117.05(4),

26  (5)(a) and (6), and certified by a commissioner of deeds. The

27  certification shall be endorsed on or annexed to the

28  instrument or writing aforesaid and has the same effect as if

29  made or taken by a notary public licensed in this state.

30         (2)  Any person seeking to be appointed a commission of

31  deeds shall take and subscribe an oath, before a notary public


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  1  in this state or any other state, or a person authorized to

  2  take oaths in another country, to well and faithfully execute

  3  and perform the duties of such commissioner of deeds. The oath

  4  shall be filed with the Department of State prior to the

  5  person being commissioned.

  6         (3)  Official acts performed by any previously

  7  appointed commissioners of deeds between May 30, 1997, and the

  8  effective date of this part, are declared valid as though such

  9  official acts were performed in accordance with and under the

10  authority of this part.

11         721.98  Powers of the division.--The division has no

12  duty or authority to regulate, enforce, or ensure compliance

13  with any provision of this part.

14         Section 43.  Subject to an appropriation in the General

15  Appropriations Act, the Office of Tourism, Trade, and Economic

16  Development is authorized to contract with Enterprise Florida,

17  Inc., for the award of Inner City Redevelopment Assistance

18  Grants in connection with the urban initiative of Enterprise

19  Florida, Inc. Such grants may only be used to fund economic

20  development in areas that meet or exceed the criteria for

21  areas eligible under the Urban High-Crime Area Job Tax Credit

22  Program pursuant to section 212.097, Florida Statutes.

23         Section 44.  Subsection (18) of section 212.097,

24  Florida Statutes, is amended to read:

25         212.097  Urban High-Crime Area Job Tax Credit

26  Program.--

27         (18)  Applications for credit under this section may be

28  submitted on or after January 1, 1999. Prior to January 1,

29  2000, the Legislature may review all areas designated by local

30  government and approved by the Office of Tourism, Trade, and

31  Economic Development for use of the tax credit. If the


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  1  Legislature determines that any local government application

  2  has been submitted which fails to include the highest crime

  3  areas in the county or city, based upon the criteria

  4  established in this section, the unit of local government

  5  which has applied for the tax credit must reimburse the state

  6  in an amount equal to the credit claimed by businesses in the

  7  affected jurisdiction.

  8         Section 45.  This act shall take effect July 1, 1998.

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