CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Bradley, K. Smith, Valdes, Fuller, and Hart
12 offered the following:
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14 Amendment (with title amendment)
15 Remove from the bill: Everything after the enacting clause
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17 and insert in lieu thereof:
18 Section 1. Section 14.2015, Florida Statutes, 1998
19 Supplement, is amended to read:
20 14.2015 Office of Tourism, Trade, and Economic
21 Development; creation; powers and duties.--
22 (1) The Office of Tourism, Trade, and Economic
23 Development is created within the Executive Office of the
24 Governor. The director of the Office of Tourism, Trade, and
25 Economic Development shall be appointed by and serve at the
26 pleasure of the Governor.
27 (2) The purpose of the Office of Tourism, Trade, and
28 Economic Development is to assist the Governor in working with
29 the Legislature, state agencies, business leaders, and
30 economic development professionals to formulate and implement
31 coherent and consistent policies and strategies designed to
1
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 provide economic opportunities for all Floridians. To
2 accomplish such purposes, the Office of Tourism, Trade, and
3 Economic Development shall:
4 (a) Contract, notwithstanding the provisions of part I
5 of chapter 287, with the direct-support organization created
6 under s. 288.1228, or a designated Florida not-for-profit
7 corporation whose board members have had prior experience in
8 promoting, throughout the state, the economic development of
9 the Florida motion picture, television, radio, video,
10 recording, and entertainment industries, to guide, stimulate,
11 and promote the entertainment industry in the state.
12 (b) Contract, notwithstanding the provisions of part I
13 of chapter 287, with the direct-support organization created
14 under s. 288.1229 to guide, stimulate, and promote the sports
15 industry in the state.
16 (c) Monitor the activities of public-private
17 partnerships and state agencies in order to avoid duplication
18 and promote coordinated and consistent implementation of
19 programs in areas including, but not limited to, tourism;
20 international trade and investment; business recruitment,
21 creation, retention, and expansion; minority and small
22 business development; and rural community development.
23 (d) Facilitate the direct involvement of the Governor
24 and the Lieutenant Governor in economic development projects
25 designed to create, expand, and retain Florida businesses and
26 to recruit worldwide business, as well as in other
27 job-creating efforts.
28 (e) Assist the Governor, in cooperation with
29 Enterprise Florida, Inc., and the Florida Commission on
30 Tourism, in preparing an annual report to the Legislature on
31 the state of the business climate in Florida and on the state
2
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 of economic development in Florida which will include the
2 identification of problems and the recommendation of
3 solutions. This report shall be submitted to the President of
4 the Senate, the Speaker of the House of Representatives, the
5 Senate Minority Leader, and the House Minority Leader by
6 January 1 of each year, and it shall be in addition to the
7 Governor's message to the Legislature under the State
8 Constitution and any other economic reports required by law.
9 (f) Plan and conduct at least one meeting three
10 meetings per calendar year of leaders in business, government,
11 and economic development called by the Governor to address the
12 business climate in the state, develop a common vision for the
13 economic future of the state, and identify economic
14 development efforts to fulfill that vision.
15 (g)1. Administer the Florida Enterprise Zone Act under
16 ss. 290.001-290.016, the community contribution tax credit
17 program under ss. 220.183 and 624.5105, the tax refund program
18 for qualified target industry businesses under s. 288.106, the
19 tax-refund program for qualified defense contractors under s.
20 288.1045, contracts for transportation projects under s.
21 288.063, the sports franchise facility program under s.
22 288.1162, the professional golf hall of fame facility program
23 under s. 288.1168, the expedited permitting process under s.
24 403.973 Florida Jobs Siting Act under ss. 403.950-403.972, the
25 Rural Community Development Revolving Loan Fund under s.
26 288.065, the Regional Rural Development Grants Program under
27 s. 288.018, the Certified Capital Company Act under s. 288.99,
28 the Florida State Rural Development Council, and the Rural
29 Economic Development Initiative, and other programs that are
30 specifically assigned to the office by law, by the
31 appropriations process, or by the Governor. Notwithstanding
3
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 any other provisions of law, the office may expend interest
2 earned from the investment of program funds deposited in the
3 Economic Development Trust Fund, the Grants and Donations
4 Trust Fund, the Brownfield Property Ownership Clearance
5 Assistance Revolving Loan Trust Fund, and the Economic
6 Development Transportation Trust Fund to contract for the
7 administration of the programs, or portions of the programs,
8 enumerated in this paragraph or assigned to the office by law,
9 by the appropriations process, or by the Governor. Such
10 expenditures shall be subject to review under chapter 216.
11 2. The office may enter into contracts in connection
12 with the fulfillment of its duties concerning the Florida
13 First Business Bond Pool under chapter 159, tax incentives
14 under chapters 212 and 220, tax incentives under the Certified
15 Capital Company Act in chapter 288, foreign offices under
16 chapter 288, the Enterprise Zone program under chapter 290,
17 the Seaport Employment Training program under chapter 311, the
18 Florida Professional Sports Team License Plates under chapter
19 320, Spaceport Florida under chapter 331, Job Siting and
20 Expedited Permitting under chapter 403, and in carrying out
21 other functions that are specifically assigned to the office
22 by law, by the appropriations process, or by the Governor.
23 (h) Serve as contract administrator for the state with
24 respect to contracts with Enterprise Florida, Inc., the
25 Florida Commission on Tourism, and all direct-support
26 organizations under this act, excluding those relating to
27 tourism. To accomplish the provisions of this act and
28 applicable provisions of chapter 288, and notwithstanding the
29 provisions of part I of chapter 287, the office shall enter
30 into specific contracts with Enterprise Florida, Inc., the
31 Florida Commission on Tourism, and other appropriate
4
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 direct-support organizations. Such contracts may be multiyear
2 and shall include specific performance measures for each year.
3 The office shall provide the President of the Senate and the
4 Speaker of the House of Representatives with a report by
5 February 1 of each year on the status of these contracts,
6 including the extent to which specific contract performance
7 measures have been met by these contractors.
8 (i) Prepare and submit as a separate budget entity a
9 unified budget request for tourism, trade, and economic
10 development in accordance with chapter 216 for, and in
11 conjunction with, Enterprise Florida, Inc., and its boards,
12 the Florida Commission on Tourism and its direct-support
13 organization, the Florida Black Business Investment Board, and
14 the direct-support organizations created to promote the
15 entertainment and sports industries.
16 (j) Adopt Promulgate rules, as necessary, to carry out
17 its functions in connection with the administration of the
18 Qualified Target Industry program, the Qualified Defense
19 Contractor program, the Certified Capital Company Act, the
20 Enterprise Zone program, and the Florida First Business Bond
21 pool.
22 (3) The Chief Inspector General, as defined in s.
23 14.32:
24 (a) Shall advise public-private partnerships in their
25 development, utilization, and improvement of internal control
26 measures necessary to ensure fiscal accountability.
27 (b) May conduct, direct, and supervise audits relating
28 to the programs and operations of public-private partnerships.
29 (c) Shall receive and investigate complaints of fraud,
30 abuses, and deficiencies relating to programs and operations
31 of public-private partnerships.
5
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 (d) May request and have access to any records, data,
2 and other information of public-private partnerships that the
3 Chief Inspector General deems necessary to carry out his or
4 her responsibilities with respect to accountability.
5 (e) Shall monitor public-private partnerships for
6 compliance with the terms and conditions of contracts with the
7 Office of Tourism, Trade, and Economic Development and report
8 noncompliance to the Governor.
9 (f) Shall advise public-private partnerships in the
10 development, utilization, and improvement of performance
11 measures for the evaluation of their operations.
12 (g) Shall review and make recommendations for
13 improvements in the actions taken by public-private
14 partnerships to meet performance standards.
15 (4) The director of the Office of Tourism, Trade, and
16 Economic Development shall designate a position within the
17 office to advocate and coordinate the interests of minority
18 businesses. The person in this position shall report to the
19 director and shall be the primary point of contact for the
20 office on issues and projects important to the recruitment,
21 creation, preservation, and growth of minority businesses.
22 (5) The director of the Office of Tourism, Trade, and
23 Economic Development shall designate a position within the
24 office to advocate and coordinate the interests of rural
25 communities in the state. The person in this position shall
26 report to the director and shall be the primary point of
27 contact for the office on issues and projects important to the
28 economic capacity of Florida's rural communities.
29 (6)(a) In order to improve the state's regulatory
30 environment, the Office of Tourism, Trade, and Economic
31 Development shall consider the impact of agency rules on
6
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 businesses, provide one-stop permit information and
2 assistance, and serve as an advocate for businesses,
3 particularly small businesses, in their dealings with state
4 agencies.
5 (b) As used in this subsection, the term "permit"
6 means any approval of an agency required as a condition of
7 operating a business in this state, including, but not limited
8 to, licenses and registrations.
9 (c) The office shall have powers and duties to:
10 1. Review proposed agency actions for impacts on small
11 businesses and offer alternatives to mitigate such impacts, as
12 provided in s. 120.54.
13 2. In consultation with the Governor's rules
14 ombudsman, make recommendations to agencies on any existing
15 and proposed rules for alleviating unnecessary or
16 disproportionate adverse effects to businesses.
17 3. Make recommendations to the Legislature and to
18 agencies for improving permitting procedures affecting
19 business activities in the state. By October 1, 1997, and
20 annually thereafter, the Office of Tourism, Trade, and
21 Economic Development shall submit a report to the Legislature
22 containing the following:
23 a. An identification and description of methods to
24 eliminate, consolidate, simplify, or expedite permits.
25 b. An identification and description of those agency
26 rules repealed or modified during each calendar year to
27 improve the regulatory climate for businesses operating in the
28 state.
29 c. A recommendation for an operating plan and funding
30 level for establishing an automated one-stop permit registry
31 to provide the following services:
7
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
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 If the Legislature establishes such a registry, subsequent
11 annual reports must cover the status and performance of this
12 registry.
13 4. Serve as a clearinghouse for information on which
14 permits are required for a particular business and on the
15 respective application process, including criteria applied in
16 making a determination on a permit application. Each state
17 agency that requires a permit, license, or registration for a
18 business shall submit to the Office of Tourism, Trade, and
19 Economic Development by August 1 of each year a list of the
20 types of businesses and professions that it regulates and of
21 each permit, license, or registration that it requires for a
22 type of business or profession.
23 5. Obtain information and permit applications from
24 agencies and provide such information and permit applications
25 to the public.
26 6. Arrange, upon request, informal conferences between
27 a business and an agency to clarify regulatory requirements or
28 standards or to identify and address problems in the permit
29 review process.
30 7. Determine, upon request, the status of a particular
31 permit application.
8
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 8. Receive complaints and suggestions concerning
2 permitting policies and activities of governmental agencies
3 which affect businesses.
4 (d) Use of the services authorized in this subsection
5 does not preclude a person or business from dealing directly
6 with an agency.
7 (e) In carrying out its duties under this subsection,
8 the Office of Tourism, Trade, and Economic Development may
9 consult with state agency personnel appointed to serve as
10 economic development liaisons under s. 288.021.
11 (f) The office shall clearly represent that its
12 services are advisory, informational, and facilitative only.
13 Advice, information, and assistance rendered by the office
14 does not relieve any person or business from the obligation to
15 secure a required permit. The office is not liable for any
16 consequences resulting from the failure to issue or to secure
17 a required permit. However, an applicant who uses the services
18 of the office and who receives a written statement identifying
19 required state permits relating to a business activity may not
20 be assessed a penalty for failure to obtain a state permit
21 that was not identified, if the applicant submits an
22 application for each such permit within 60 days after written
23 notification from the agency responsible for issuing the
24 permit.
25 (7) The Office of Tourism, Trade, and Economic
26 Development shall develop performance measures, standards, and
27 sanctions for each program it administers under this act and,
28 in conjunction with the applicable entity, for each program
29 for which it contracts with another entity under this act.
30 The performance measures, standards, and sanctions shall be
31 developed in consultation with the legislative appropriations
9
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 committees and the appropriate substantive committees, and are
2 subject to the review and approval process provided in s.
3 216.177. The approved performance measures, standards, and
4 sanctions shall be included and made a part of each contract
5 entered into for delivery of programs authorized by this act.
6 (8) The Office of Tourism, Trade, and Economic
7 Development shall ensure that the contract between the Florida
8 Commission on Tourism and the commission's direct-support
9 organization contains a provision to provide the data on the
10 visitor counts and visitor profiles used in revenue
11 estimating, employing the same methodology used in fiscal year
12 1995-1996 by the Department of Commerce. The Office of
13 Tourism, Trade, and Economic Development and the Florida
14 Commission on Tourism must reach agreement with the Consensus
15 Estimating Conference principals before making any changes in
16 methodology used or information gathered.
17 (9)(a) The Office of Urban Opportunity is created
18 within the Office of Tourism, Trade, and Economic Development.
19 The director of the Office of Urban Opportunity shall be
20 appointed by and serve at the pleasure of the Governor.
21 (b) The purpose of the Office of Urban Opportunity
22 shall be to administer the Front Porch Florida initiative, a
23 comprehensive, community-based urban core redevelopment
24 program that will empower urban core residents to craft
25 solutions to the unique challenges of each designated
26 community.
27 (9)(a) Subject to the cooperative recommendations of
28 Enterprise Florida, Inc., and the Florida Commission on
29 Tourism and also to the approval of the Governor, the Office
30 of Tourism, Trade, and Economic Development is authorized to
31 expend appropriated state and federal funds for general
10
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 economic development grants. The office shall establish
2 criteria for the award of grants, including criteria relating
3 to highest economic return for the state as a whole, or a
4 particular region, county, city, or community, ability to
5 properly administer grant funds, and such other matters deemed
6 necessary and appropriate to further the purposes of this
7 subsection. The office shall expend all funds in accordance
8 with state law and shall use such appropriations to supplement
9 the financial support of:
10 1. Programs that have a substantial economic
11 significance, giving emphasis to programs that benefit the
12 state as a whole.
13 2. Programs with a high potential for match funding
14 from nonstate sources.
15 3. Economic development programs for which no other
16 state grants are available.
17 4. Rural areas and distressed urban areas.
18 (b) Grants shall be made by contract with any
19 nonprofit corporation or local or state governmental entity.
20 Of the total amount of funds available from all sources for
21 grants, 70 percent of such funds shall be awarded on a
22 50-percent matching basis. Up to 30 percent of such funds
23 available may be awarded on a nonmatching basis.
24 (c) In administering grants, contracts, and funds
25 appropriated for economic development programs, the office may
26 release moneys in advance on a quarterly basis. By the end of
27 the contract period, the grantee or contractee shall furnish
28 to the office a complete and accurate accounting of how all
29 grant funds were expended. Postaudits to be conducted by an
30 independent certified public accountant may be required in
31 accordance with criteria adopted by the office.
11
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 (d) The office shall not award any new grant which
2 will, in whole or in part, inure to the personal benefit of
3 any board member of Enterprise Florida, Inc., or the Florida
4 Commission on Tourism during that member's term of office, if
5 the board member participated in the vote of the board or
6 panel thereof recommending the award. However, this subsection
7 does not prohibit the office from awarding a grant to an
8 entity with which a board member is associated.
9 (e) This subsection is repealed on July 1, 1999.
10 Section 2. Section 288.0251, Florida Statutes, is
11 amended to read:
12 288.0251 International development outreach activities
13 in Latin America and Caribbean Basin.--The Department of State
14 Office of Tourism, Trade, and Economic Development may
15 contract for the implementation of Florida's international
16 volunteer corps to provide short-term training and technical
17 assistance activities in Latin America and the Caribbean
18 Basin. The entity contracted under this section must require
19 that such activities be conducted by qualified volunteers who
20 are citizens of the state. The contracting agency must have a
21 statewide focus and experience in coordinating international
22 volunteer programs.
23 Section 3. Paragraphs (a) and (b) of subsection (3) of
24 section 288.095, Florida Statutes, are amended to read:
25 288.095 Economic Development Trust Fund.--
26 (3)(a) Contingent upon an annual appropriation by the
27 Legislature, The Office of Tourism, Trade, and Economic
28 Development may approve applications for certification tax
29 refunds pursuant to ss. 288.1045(3) and ss. 288.1045, 288.106,
30 and 288.107. However, the total state share of tax refund
31 payments scheduled in all active certifications for fiscal
12
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 year 2000-2001 shall not exceed $24 million. The state share
2 of tax refund payments scheduled in all active certifications
3 for fiscal year 2001-2002 and each subsequent year shall not
4 exceed $30 million. The office may not approve tax refunds in
5 excess of the amount appropriated to the Economic Development
6 Incentives Account for such tax refunds, for a fiscal year
7 pursuant to paragraph (b).
8 (b) The total amount of tax refund claims refunds
9 approved for payment by the Office of Tourism, Trade, and
10 Economic Development based on actual project performance may
11 pursuant to ss. 288.1045, 288.106, and 288.107 shall not
12 exceed the amount appropriated to the Economic Development
13 Incentives Account for such purposes for the fiscal year. In
14 the event the Legislature does not appropriate an amount
15 sufficient to satisfy projections by the office for tax
16 refunds under ss. 288.1045 and, 288.106, and 288.107 in a
17 fiscal year, the Office of Tourism, Trade, and Economic
18 Development shall, not later than July 15 of such year,
19 determine the proportion of each refund claim which shall be
20 paid by dividing the amount appropriated for tax refunds for
21 the fiscal year by the projected total of refund claims for
22 the fiscal year. The amount of each claim for a tax refund
23 shall be multiplied by the resulting quotient. If, after the
24 payment of all such refund claims, funds remain in the
25 Economic Development Incentives Account for tax refunds, the
26 office shall recalculate the proportion for each refund claim
27 and adjust the amount of each claim accordingly.
28 Section 4. Section 288.106, Florida Statutes, 1998
29 Supplement, is amended to read:
30 288.106 Tax refund program for qualified target
31 industry businesses.--
13
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 (1) LEGISLATIVE FINDINGS AND DECLARATIONS.--The
2 Legislature finds that attracting, retaining, and providing
3 favorable conditions for the growth of target industries
4 provides high-quality employment opportunities for citizens of
5 this state and enhances the economic foundations of this
6 state. It is the policy of this state to encourage the growth
7 of a high-value-added employment and economic base by
8 providing tax refunds to qualified target industry businesses
9 that create new high-wage employment opportunities in this
10 state by expanding existing businesses within this state or by
11 bringing new businesses to this state.
12 (2) DEFINITIONS.--As used in this section:
13 (a) "Account" means the Economic Development
14 Incentives Account within the Economic Development Trust Fund
15 established under s. 288.095.
16 (b) "Average private sector wage in the area" means
17 the statewide private sector average wage or the average of
18 all private sector wages and salaries in the county or in the
19 standard metropolitan area in which the business is located.
20 (c) "Business" means an employing unit, as defined in
21 s. 443.036, which is registered with the Department of Labor
22 and Employment Security for unemployment compensation purposes
23 or a subcategory or division of an employing unit which is
24 accepted by the Department of Labor and Employment Security as
25 a reporting unit.
26 (d) "Corporate headquarters business" means an
27 international, national, or regional headquarters office of a
28 multinational or multistate business enterprise or national
29 trade association, whether separate from or connected with
30 other facilities used by such business.
31 (e) "Office" means the Office of Tourism, Trade, and
14
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 Economic Development.
2 (f) "Enterprise zone" means an area designated as an
3 enterprise zone pursuant to s. 290.0065.
4 (g) "Expansion of an existing business" means the
5 expansion of an existing Florida a business by or through
6 additions to real and personal property on a site colocated
7 with a commercial or industrial operation owned by the same
8 business, resulting in a net increase in employment of not
9 less than 10 percent at such business.
10 (h) "Fiscal year" means the fiscal year of the state.
11 (i) "Jobs" means full-time equivalent positions, as
12 such terms are consistent with terms used by the Department of
13 Labor and Employment Security and the United States Department
14 of Labor for purposes of unemployment compensation tax
15 administration and employment estimation, resulting directly
16 from a project in this state. This number shall not include
17 temporary construction jobs involved with the construction of
18 facilities for the project or any jobs which have previously
19 been included in any application for tax refunds under s.
20 288.104 or this section.
21 (j) "Local financial support" means funding from local
22 sources, public or private, which is paid to the Economic
23 Development Trust Fund and which is equal to 20 percent of the
24 annual tax refund for a qualified target industry business. A
25 qualified target industry business may not provide, directly
26 or indirectly, more than 5 percent of such funding in any
27 fiscal year. The sources of such funding may not include,
28 directly or indirectly, state funds appropriated from the
29 General Revenue Fund or any state trust fund, excluding tax
30 revenues shared with local governments pursuant to law.
31 (k) "Local financial support exemption option" means
15
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 the option to exercise an exemption from the local financial
2 support requirement available to any applicant whose project
3 is located in a county with a population of 75,000 or fewer or
4 a county with a population of 100,000 or fewer which is
5 contiguous to a county with a population of 75,000 or fewer
6 designated by the Rural Economic Development Initiative. Any
7 applicant that exercises this option shall not be eligible for
8 more than 80 percent of the total tax refunds allowed such
9 applicant under this section.
10 (l) "New business" means a business which heretofore
11 did not exist in this state, first beginning operations on a
12 site located in this state and clearly separate from any other
13 commercial or industrial operations owned by the same
14 business.
15 (m) "Project" means the creation of a new business or
16 expansion of an existing business.
17 (n) "Director" means the Director of the Office of
18 Tourism, Trade, and Economic Development.
19 (o) "Target industry business" means a corporate
20 headquarters business or any business that is engaged in one
21 of the target industries identified pursuant to the following
22 criteria developed by the office in consultation with
23 Enterprise Florida, Inc.:
24 1. Future growth.--Industry forecasts should indicate
25 strong expectation for future growth in both employment and
26 output, according to the most recent available data. Special
27 consideration should be given to Florida's growing access to
28 international markets or to replacing imports.
29 2. Stability.--The industry should not be subject to
30 periodic layoffs, whether due to seasonality or sensitivity to
31 volatile economic variables such as weather. The industry
16
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 should also be relatively resistant to recession, so that the
2 demand for products of this industry is not necessarily
3 subject to decline during an economic downturn.
4 3. High wage.--The industry should pay relatively high
5 wages compared to statewide or area averages.
6 4. Market and resource independent.--The location of
7 industry businesses should not be dependent on Florida markets
8 or resources as indicated by industry analysis.
9 5. Industrial base diversification and
10 strengthening.--The industry should contribute toward
11 expanding or diversifying the state's or area's economic base,
12 as indicated by analysis of employment and output shares
13 compared to national and regional trends. Special
14 consideration should be given to industries that strengthen
15 regional economies by adding value to basic products or
16 building regional industrial clusters as indicated by industry
17 analysis.
18 6. Economic benefits.--The industry should have strong
19 positive impacts on or benefits to the state and regional
20 economies.
21
22 The office, in consultation with Enterprise Florida, Inc.,
23 shall develop a list of such target industries annually and
24 submit such list as part of the final agency legislative
25 budget request submitted pursuant to s. 216.023(1). A target
26 industry business may not include any industry engaged in
27 retail activities; any electrical utility company; any
28 phosphate or other solid minerals severance, mining, or
29 processing operation; any oil or gas exploration or production
30 operation; or any firm subject to regulation by the Division
31 of Hotels and Restaurants of the Department of Business and
17
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 Professional Regulation.
2 (p) "Taxable year" means taxable year as defined in s.
3 220.03(1)(z).
4 (q) "Qualified target industry business" means a
5 target industry business that has been approved by the
6 director to be eligible for tax refunds pursuant to this
7 section.
8 (r) "Rural county" means a county with a population of
9 75,000 or fewer or a county with a population of 100,000 or
10 fewer which is contiguous to a county with a population of
11 75,000 or fewer less.
12 (s) "Rural city" means a city with a population of
13 10,000 or less, or a city with a population of greater than
14 10,000 but less than 20,000 which has been determined by the
15 Office of Tourism, Trade, and Economic Development to have
16 economic characteristics such as, but not limited to, a
17 significant percentage of residents on public assistance, a
18 significant percentage of residents with income below the
19 poverty level, or a significant percentage of the city's
20 employment base in agriculture-related industries.
21 (t) "Rural community" means:
22 1. A county with a population of 75,000 or less.
23 2. A county with a population of 100,000 or less that
24 is contiguous to a county with a population of 75,000 or less.
25 3. A municipality within a county described in
26 subparagraph 1. or subparagraph 2.
27
28 For purposes of this paragraph, population shall be determined
29 in accordance with the most recent official estimate pursuant
30 to s. 186.901.
31 (u) "Authorized local economic development agency"
18
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 means any public or private entity, including those defined in
2 s. 288.075, authorized by a county or municipality to promote
3 the general business or industrial interests of that county or
4 municipality.
5 (3) TAX REFUND; ELIGIBLE AMOUNTS.--
6 (a) There shall be allowed, from the account, a refund
7 to a qualified target industry business for the amount of
8 eligible taxes certified by the director which were paid by
9 such business. The total amount of refunds for all fiscal
10 years for each qualified target industry business must be
11 determined pursuant to subsection (4). The annual amount of a
12 refund to a qualified target industry business must be
13 determined pursuant to subsection (6).
14 (b) Upon approval by the director, a qualified target
15 industry business shall be allowed tax refund payments equal
16 to $3,000 times the number of jobs specified in the tax refund
17 agreement under subparagraph (5)(a)1., or equal to $6,000
18 times the number of jobs if the project is located in a rural
19 county or an enterprise zone. Further, a qualified target
20 industry business shall be allowed additional tax refund
21 payments equal to $1,000 times the number of jobs specified in
22 the tax refund agreement under subparagraph (5)(a)1., if such
23 jobs pay an annual average wage of at least 150 percent of the
24 average private-sector wage in the area, or equal to $2,000
25 times the number of jobs if such jobs pay an annual average
26 wage of at least 200 percent of the average private-sector
27 wage in the area. The director may approve a qualified target
28 industry business to receive tax refund payments of up to
29 $5,000 times the number of jobs specified in the tax refund
30 agreement under subparagraph (5)(a)1., or up to $7,500 times
31 the number of jobs if the project is located in an enterprise
19
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 zone. A qualified target industry business may not receive
2 refund payments of more than 25 percent of the total tax
3 refunds specified in the tax refund agreement under
4 subparagraph (5)(a)1. in any fiscal year. Further, a qualified
5 target industry business may not receive more than $1.5
6 million in refunds under this section in any single fiscal
7 year, or more than $2.5 million in any single fiscal year if
8 the project is located in an enterprise zone. A qualified
9 target industry may not receive more than $5 million in refund
10 payments under this section in all fiscal years, or more than
11 $7.5 million if the project is located in an enterprise zone.
12 Funds made available pursuant to this section may not be
13 expended in connection with the relocation of a business from
14 one community to another community in this state unless the
15 Office of Tourism, Trade, and Economic Development determines
16 that without such relocation the business will move outside
17 this state or determines that the business has a compelling
18 economic rationale for the relocation and that the relocation
19 will create additional jobs.
20 (c) After entering into a tax refund agreement under
21 subsection (5), a qualified target industry business may:
22 1. Receive refunds from the account for the following
23 taxes due and paid by that business beginning with the first
24 taxable year of the business which begins after entering into
25 the agreement:
26 1. Taxes on sales, use, and other transactions under
27 chapter 212.
28 a.2. Corporate income taxes under chapter 220.
29 3. Intangible personal property taxes under chapter
30 199.
31 4. Emergency excise taxes under chapter 221.
20
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 5. Excise taxes on documents under chapter 201.
2 6. Ad valorem taxes paid, as defined in s. 220.03(1).
3 b.7. Insurance premium tax under s. 624.509.
4 2. Receive refunds from the account for the following
5 taxes due and paid by that business after entering into the
6 agreement:
7 a. Taxes on sales, use, and other transactions under
8 chapter 212.
9 b. Intangible personal property taxes under chapter
10 199.
11 c. Emergency excise taxes under chapter 221.
12 d. Excise taxes on documents under chapter 201.
13 e. Ad valorem taxes paid, as defined in s. 220.03(1).
14 (d) However, a qualified target industry business may
15 not receive a refund under this section for any amount of
16 credit, refund, or exemption granted to that business for any
17 of such taxes. If a refund for such taxes is provided by the
18 office, which taxes are subsequently adjusted by the
19 application of any credit, refund, or exemption granted to the
20 qualified target industry business other than as provided in
21 this section, the business shall reimburse the account for the
22 amount of that credit, refund, or exemption. A qualified
23 target industry business shall notify and tender payment to
24 the office within 20 days after receiving any credit, refund,
25 or exemption other than one provided in this section.
26 (e)(d) A qualified target industry business that
27 fraudulently claims a refund under this section:
28 1. Is liable for repayment of the amount of the refund
29 to the account, plus a mandatory penalty in the amount of 200
30 percent of the tax refund which shall be deposited into the
31 General Revenue Fund.
21
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 2. Is guilty of a felony of the third degree,
2 punishable as provided in s. 775.082, s. 775.083, or s.
3 775.084.
4 (4) APPLICATION AND APPROVAL PROCESS.--
5 (a) To apply for certification as a qualified target
6 industry business under this section, the business must file
7 an application with the office before the business has made
8 the decision to locate a new business in this state or before
9 the business had made the decision to expand an existing
10 business in this state. The application shall include, but is
11 not limited to, the following information:
12 1. The applicant's federal employer identification
13 number and the applicant's state sales tax registration
14 number.
15 2. The permanent location of the applicant's facility
16 in this state at which the project is or is to be located.
17 3. A description of the type of business activity or
18 product covered by the project, including four-digit SIC codes
19 for all activities included in the project.
20 4. The number of full-time equivalent jobs in this
21 state that are or will be dedicated to the project and the
22 average wage of those jobs. If more than one type of business
23 activity or product is included in the project, the number of
24 jobs and average wage for those jobs must be separately stated
25 for each type of business activity or product.
26 5. The total number of full-time equivalent employees
27 employed by the applicant in this state.
28 6. The anticipated commencement date of the project.
29 7. The amount of:
30 a. Taxes on sales, use, and other transactions paid
31 under chapter 212;
22
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 b. Corporate income taxes paid under chapter 220;
2 c. Intangible personal property taxes paid under
3 chapter 199;
4 d. Emergency excise taxes paid under chapter 221; and
5 e. Excise taxes on documents paid under chapter 201.
6 8. The estimated amount of tax refunds to be claimed
7 in each fiscal year.
8 7.9. A brief statement concerning the role that the
9 tax refunds requested will play in the decision of the
10 applicant to locate or expand in this state.
11 8.10. An estimate of the proportion of the sales
12 resulting from the project that will be made outside this
13 state.
14 9.11. A resolution adopted by the governing board of
15 the county or municipality in which the project will be
16 located, which resolution recommends that certain types of
17 businesses be approved as a qualified target industry business
18 and states that the commitments of local financial support
19 necessary for the target industry business exist. In advance
20 of the passage of such resolution, the office may also accept
21 an official letter from an authorized local economic
22 development agency that endorses the proposed target industry
23 project and pledges that sources of local financial support
24 for such project exist. For the purposes of making pledges of
25 local financial support under this subsection, the authorized
26 local economic development agency shall be officially
27 designated by the passage of a one-time resolution by the
28 local governing authority. Before adoption of the resolution,
29 the governing board may review the proposed public or private
30 sources of such support and determine whether the proposed
31 sources of local financial support can be provided.
23
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 10.12. Any additional information requested by the
2 office.
3 (b) To qualify for review by the office, the
4 application of a target industry business must, at a minimum,
5 establish the following to the satisfaction of the office:
6 1. The jobs proposed to be provided under the
7 application, pursuant to subparagraph (a)4., must pay an
8 estimated annual average wage equaling at least 115 percent of
9 the average private sector wage in the area where the business
10 is to be located or the statewide private sector average wage.
11 The office may waive this average wage requirement at the
12 request of the local governing body recommending the project
13 and Enterprise Florida, Inc. The wage requirement may only be
14 waived for a project located in a brownfield area designated
15 under s. 376.80 or in a rural city or county or in an
16 enterprise zone and only when the merits of the individual
17 project or the specific circumstances in the community in
18 relationship to the project warrant such action. If the local
19 governing body and Enterprise Florida, Inc., make such a
20 recommendation, it must be transmitted in writing and the
21 specific justification for the waiver recommendation must be
22 explained. If the director elects to waive the wage
23 requirement, the waiver must be stated in writing and the
24 reasons for granting the waiver must be explained.
25 2. The target industry business's project must result
26 in the creation of at least 10 jobs at such project and, if an
27 expansion of an existing business, must result in a net
28 increase in employment of not less than 10 percent at such
29 business. Notwithstanding the definition of the term
30 "expansion of an existing business" in paragraph (2)(g), at
31 the request of the local governing body recommending the
24
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 project and Enterprise Florida, Inc., the office may define an
2 "expansion of an existing business" in a rural community or an
3 enterprise zone as the expansion of a business resulting in a
4 net increase in employment of less than 10 percent at such
5 business if the merits of the individual project or the
6 specific circumstances in the community in relationship to the
7 project warrant such action. If the local governing body and
8 Enterprise Florida, Inc., make such a request, it must be
9 transmitted in writing and the specific justification for the
10 request must be explained. If the director elects to grant
11 such request, such election must be stated in writing and the
12 reason for granting the request must be explained.
13 3. The business activity or product for the
14 applicant's project is within an industry or industries that
15 have been identified by the office to be high-value-added
16 industries that contribute to the area and to the economic
17 growth of the state and that produce a higher standard of
18 living for citizens of this state in the new global economy or
19 that can be shown to make an equivalent contribution to the
20 area and state's economic progress. The director must approve
21 requests to waive the wage requirement for brownfield areas
22 designated under s. 376.80 unless it is demonstrated that such
23 action is not in the public interest.
24 (c) Each application meeting the requirements of
25 paragraph (b) must be submitted to the office for
26 determination of eligibility. The office shall review and
27 evaluate each application based on, but not limited to, the
28 following criteria:
29 1. Expected contributions to the state strategic
30 economic development plan adopted by Enterprise Florida, Inc.,
31 taking into account the long-term effects of the project and
25
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 of the applicant on the state economy.
2 2. The economic benefit of the jobs created by the
3 project in this state, taking into account the cost and
4 average wage of each job created.
5 3. The amount of capital investment to be made by the
6 applicant in this state.
7 4. The local commitment and support for the project.
8 5. The effect of the project on the local community,
9 taking into account the unemployment rate for the county where
10 the project will be located.
11 6. The effect of any tax refunds granted pursuant to
12 this section on the viability of the project and the
13 probability that the project will be undertaken in this state
14 if such tax refunds are granted to the applicant, taking into
15 account the expected long-term commitment of the applicant to
16 economic growth and employment in this state.
17 7. The expected long-term commitment to this state
18 resulting from the project.
19 8. A review of the business's past activities in this
20 state or other states, including whether such business has
21 been subjected to criminal or civil fines and penalties.
22 Nothing in this subparagraph shall require the disclosure of
23 confidential information.
24 (d) The office shall forward its written findings and
25 evaluation concerning each application meeting the
26 requirements of paragraph (b) to the director within 45
27 calendar days after receipt of a complete application. The
28 office shall notify each target industry business when its
29 application is complete, and of the time when the 45-day
30 period begins. In its written report to the director, the
31 office shall specifically address each of the factors
26
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 specified in paragraph (c) and shall make a specific
2 assessment with respect to the minimum requirements
3 established in paragraph (b). The office shall include in its
4 report projections of the tax refund claim that will be sought
5 by the target industry business in each fiscal year based on
6 the information submitted in the application.
7 (e)1. Within 30 days after receipt of the office's
8 findings and evaluation, the director shall issue a letter of
9 certification enter a final order that either approves or
10 disapproves the application of the target industry business.
11 The decision must be in writing and must provide the
12 justifications for approval or disapproval.
13 2. If appropriate, the director shall enter into a
14 written agreement with the qualified target industry business
15 pursuant to subsection (5).
16 (f) The director may not certify enter a final order
17 that certifies any target industry business as a qualified
18 target industry business if the value of tax refunds to be
19 included in that letter of certification final order exceeds
20 the available amount of authority to certify new businesses
21 enter final orders as determined in s. 288.095(3). However, if
22 the commitments of local financial support represent less than
23 20 percent of the eligible tax refund payments, or to
24 otherwise preserve the viability and fiscal integrity of the
25 program, the director may certify a qualified target industry
26 business to receive tax refund payments of less than the
27 allowable amounts specified in paragraph (3)(b). A letter of
28 certification final order that approves an application must
29 specify the maximum amount of tax refund that will be
30 available to the qualified industry business in each fiscal
31 year and the total amount of tax refunds that will be
27
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 available to the business for all fiscal years.
2 (g) Nothing in this section shall create a presumption
3 that an applicant will receive any tax refunds under this
4 section. However, the office may issue nonbinding opinion
5 letters, upon the request of prospective applicants, as to the
6 applicants' eligibility and the potential amount of refunds.
7 (5) TAX REFUND AGREEMENT.--
8 (a) Each qualified target industry business must enter
9 into a written agreement with the office which specifies, at a
10 minimum:
11 1. The total number of full-time equivalent jobs in
12 this state that will be dedicated to the project, the average
13 wage of those jobs, the definitions that will apply for
14 measuring the achievement of these terms during the pendency
15 of the agreement, and a time schedule or plan for when such
16 jobs will be in place and active in this state. This
17 information must be the same as the information contained in
18 the application submitted by the business under subsection
19 (4).
20 2. The maximum amount of tax refunds which the
21 qualified target industry business is eligible to receive on
22 the project and the maximum amount of a tax refund that the
23 qualified target industry business is eligible to receive in
24 each fiscal year.
25 3. That the office may review and verify the financial
26 and personnel records of the qualified target industry
27 business to ascertain whether that business is in compliance
28 with this section.
29 4. The date after which, in each fiscal year, the
30 qualified target industry business may file an annual claim
31 under subsection (6).
28
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 5. That local financial support will be annually
2 available and will be paid to the account. The director may
3 not enter into a written agreement with a qualified target
4 industry business if the local financial support resolution is
5 not passed by the local governing authority within 90 days
6 after he or she has issued the letter of certification under
7 subsection (4).
8 (b) Compliance with the terms and conditions of the
9 agreement is a condition precedent for the receipt of a tax
10 refund each year. The failure to comply with the terms and
11 conditions of the tax refund agreement results in the loss of
12 eligibility for receipt of all tax refunds previously
13 authorized under this section and the revocation by the
14 director of the certification of the business entity as a
15 qualified target industry business.
16 (c) The agreement must be signed by the director and
17 by an authorized officer of the qualified target industry
18 business within 120 30 days after the issuance of the letter
19 of certification entry of a final order certifying the
20 business entity as a qualified target industry business under
21 subsection (4), but not before passage and receipt of the
22 resolution of local financial support.
23 (d) The agreement must contain the following legend,
24 clearly printed on its face in bold type of not less than 10
25 points in size: "This agreement is neither a general
26 obligation of the State of Florida, nor is it backed by the
27 full faith and credit of the State of Florida. Payment of tax
28 refunds are conditioned on and subject to specific annual
29 appropriations by the Florida Legislature of moneys sufficient
30 to pay amounts authorized in section 288.106, Florida
31 Statutes."
29
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 (6) ANNUAL CLAIM FOR REFUND.--
2 (a) A qualified target industry business that has
3 entered into a tax refund agreement with the office under
4 subsection (5) may apply once each fiscal year to the office
5 for a tax refund. The application must be made on or after the
6 date specified in that agreement.
7 (b) The claim for refund by the qualified target
8 industry business must include a copy of all receipts
9 pertaining to the payment of taxes for which the refund is
10 sought and data related to achievement of each performance
11 item specified in the tax refund agreement. The amount
12 requested as a tax refund may not exceed the amount specified
13 for that fiscal year in that agreement.
14 (c) A tax refund may not be approved for a qualified
15 target industry business unless the required local financial
16 support has been paid into the account in that fiscal year. If
17 the local financial support provided is less than 20 percent
18 of the approved tax refund, the tax refund must be reduced. In
19 no event may the tax refund exceed an amount that is equal to
20 5 times the amount of the local financial support received.
21 Further, funding from local sources includes any tax abatement
22 granted to that business under s. 196.1995 or the appraised
23 market value of municipal or county land conveyed or provided
24 at a discount to that business. ; and The amount of any tax
25 refund for such business approved under this section must be
26 reduced by the amount of any such tax abatement granted or the
27 value of the land granted; and the limitations in subsection
28 (3) and paragraph (4)(f) must be reduced by the amount of any
29 such tax abatement or the value of the land granted. A report
30 listing all sources of the local financial support shall be
31 provided to the office when such support is paid to the
30
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 account.
2 (d) A prorated tax refund, less a 5-percent penalty,
3 shall be approved for a qualified target industry business
4 provided all other applicable requirements have been satisfied
5 and the business proves to the satisfaction of the director
6 that it has achieved at least 80 percent of its projected
7 employment.
8 (e) The director, with such assistance as may be
9 required from the office, the Department of Revenue, or the
10 Department of Labor and Employment Security, shall specify by
11 written final order the amount of the tax refund that is
12 authorized for the qualified target industry business for the
13 fiscal year within 30 days after the date that the claim for
14 the annual tax refund is received by the office.
15 (f) The total amount of tax refund claims refunds
16 approved by the director under this section in any fiscal year
17 must not exceed the amount authorized under s. 288.095(3).
18 (g) Upon approval of the tax refund under paragraphs
19 (c), (d), and (e), the Comptroller shall issue a warrant for
20 the amount specified in the final order. If the final order is
21 appealed, the Comptroller may not issue a warrant for a refund
22 to the qualified target industry business until the conclusion
23 of all appeals of that order.
24 (7) ADMINISTRATION.--
25 (a) The office is authorized to verify information
26 provided in any claim submitted for tax credits under this
27 section with regard to employment and wage levels or the
28 payment of the taxes to the appropriate agency or authority,
29 including the Department of Revenue, the Department of Labor
30 and Employment Security, or any local government or authority.
31 (b) To facilitate the process of monitoring and
31
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 auditing applications made under this program, the office may
2 provide a list of qualified target industry businesses to the
3 Department of Revenue, to the Department of Labor and
4 Employment Security, or to any local government or authority.
5 The office may request the assistance of those entities with
6 respect to monitoring the payment of the taxes listed in
7 subsection (3).
8 (8) EXPIRATION.--This section expires June 30, 2004.
9 Section 5. Section 288.901, Florida Statutes, is
10 amended to read:
11 288.901 Enterprise Florida, Inc.; creation;
12 membership; organization; meetings; disclosure.--
13 (1) There is created a not-for-profit nonprofit
14 corporation, to be known as "Enterprise Florida, Inc.," which
15 shall be registered, incorporated, organized, and operated in
16 compliance with chapter 617, and which shall not be a unit or
17 entity of state government. The Legislature determines,
18 however, that public policy dictates that Enterprise Florida,
19 Inc., operate in the most open and accessible manner
20 consistent with its public purpose. To this end, the
21 Legislature specifically declares that Enterprise Florida,
22 Inc., and its boards and advisory committees or similar groups
23 created by Enterprise Florida, Inc., are subject to the
24 provisions of chapter 119, relating to public records and
25 those provisions of chapter 286 relating to public meetings
26 and records.
27 (2) Enterprise Florida, Inc., shall establish one or
28 more corporate offices, at least one of which shall be located
29 in Leon County. Persons employed by the Department of Commerce
30 on the day prior to July 1, 1996, whose jobs are privatized,
31 shall be given preference, if qualified, for similar jobs at
32
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 Enterprise Florida, Inc. When practical, those jobs shall be
2 located in Leon County. All available resources, including
3 telecommuting, must be employed to minimize the negative
4 impact on the Leon County economy caused by job losses
5 associated with the privatization of the Department of
6 Commerce. The Department of Management Services may establish
7 a lease agreement program under which Enterprise Florida,
8 Inc., may hire any individual who, as of June 30, 1996, is
9 employed by the Department of Commerce or who, as of January
10 1, 1997, is employed by the Executive Office of the Governor
11 and has responsibilities specifically in support of the
12 Workforce Development Board established under s. 288.9620.
13 Under such agreement, the employee shall retain his or her
14 status as a state employee but shall work under the direct
15 supervision of Enterprise Florida, Inc. Retention of state
16 employee status shall include the right to participate in the
17 Florida Retirement System. The Department of Management
18 Services shall establish the terms and conditions of such
19 lease agreements.
20 (3) Enterprise Florida, Inc., shall be governed by a
21 board of directors. The board of directors shall consist of
22 the following members:
23 (a) The Governor or the Governor's designee.
24 (b) The Commissioner of Education or the
25 commissioner's designee.
26 (c) The Secretary of Labor and Employment Security or
27 the secretary's designee.
28 (d) A member of the Senate, who shall be appointed by
29 the President of the Senate as an ex officio member of the
30 board and serve at the pleasure of the President.
31 (e) A member of the House of Representatives, who
33
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 shall be appointed by the Speaker of the House of
2 Representatives as an ex officio member of the board and serve
3 at the pleasure of the Speaker.
4 (f) The chairperson of the board for international
5 trade and economic development.
6 (g) The chairperson of the board for capital
7 development.
8 (h) The chairperson of the board for technology
9 development.
10 (f)(i) The chairperson of the board of directors of
11 the Workforce Development Board for workforce development.
12 (g)(j) Twelve members from the private sector, six of
13 whom shall be appointed by the Governor, three of whom shall
14 be appointed by the President of the Senate, and three of whom
15 shall be appointed by the Speaker of the House of
16 Representatives. All appointees are subject to Senate
17 confirmation. In making such appointments, the Governor, the
18 President of the Senate, and the Speaker of the House of
19 Representatives shall ensure that the composition of the board
20 is reflective of the diversity of Florida's business
21 community, and to the greatest degree possible shall include,
22 but not be limited to, individuals representing large
23 companies, small companies, minority companies, and
24 individuals representing municipal, county, or regional
25 economic development organizations. Of the 12 members from the
26 private sector, 7 must have significant experience in
27 international business, with expertise in the areas of
28 transportation, finance, law, and manufacturing. The Governor,
29 the President of the Senate, and the Speaker of the House of
30 Representatives shall also consider whether the current board
31 members, together with potential appointees, reflect the
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 racial, ethnic, and gender diversity, as well as the
2 geographic distribution, of the population of the state.
3 (h)(k) The Secretary of State or the secretary's
4 designee.
5 (4)(a) Vacancies on the board shall be filled by
6 appointment by the Governor, the President of the Senate, or
7 the Speaker of the House of Representatives, respectively,
8 depending on who appointed the member whose vacancy is to be
9 filled or whose term has expired. Members appointed to the
10 board before July 1, 1996, shall serve the remainder of their
11 unexpired terms. Vacancies occurring after July 1, 1996, as a
12 result of the annual expiration of terms, shall be filled in
13 the following manner and sequence.
14 1. Of the first three vacancies, the Governor shall
15 appoint one member, the President of the Senate shall appoint
16 one member, and the Speaker of the House of Representatives
17 shall appoint one member.
18 2. Of the second three vacancies, the Governor shall
19 appoint one member, the President of the Senate shall appoint
20 one member, and the Speaker of the House of Representatives
21 shall appoint one member.
22 3. Of the third three vacancies, the President of the
23 Senate shall appoint one member and the Governor shall appoint
24 two members.
25 4. Of the fourth three vacancies, the Speaker of the
26 House of Representatives shall appoint one member and the
27 Governor shall appoint two members.
28
29 Thereafter, any vacancies which occur will be filled by the
30 Governor, the President of the Senate, or the Speaker of the
31 House of Representatives, respectively, depending on who
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 appointed the member whose vacancy is to be filled or whose
2 term has expired.
3 (b) Members appointed by the Governor, the President
4 of the Senate, and the Speaker of the House of Representatives
5 shall be appointed for terms of 4 years. Any member is
6 eligible for reappointment.
7 (c) Of the six members appointed by the Governor, one
8 shall be, at the time of appointment, a board member of a
9 community development corporation meeting the requirements of
10 s. 290.035, and one shall be representative of the
11 international business community. Of the three members
12 appointed by the President of the Senate and Speaker of the
13 House of Representatives, respectively, one each shall be
14 representative of the international business community, and
15 one each shall be an executive director of a local economic
16 development council.
17 (5) A vacancy on the board of directors shall be
18 filled for the remainder of the unexpired term.
19 (6) The initial appointments to the board of directors
20 shall be made by the Governor from a list of nominees
21 submitted by the Enterprise Florida Nominating Council.
22 Thereafter, appointments shall be made by the Governor, the
23 President of the Senate, and the Speaker of the House of
24 Representatives from a list of nominees submitted by the
25 remaining appointive members of the board of directors. The
26 board of directors shall take into consideration the current
27 membership of the board and shall select nominees who are
28 reflective of the diverse nature of Florida's business
29 community, including, but not limited to, individuals
30 representing large companies, small companies, minority
31 companies, companies engaged in international business
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 efforts, companies engaged in domestic business efforts, and
2 individuals representing municipal, county, or regional
3 economic development organizations. The board shall also
4 consider whether the current board members, together with
5 potential appointees, reflect the racial, ethnic, and gender
6 diversity, as well as the geographic distribution, of the
7 population of the state.
8 (6)(7) Appointive members may be removed by the
9 Governor, the President of the Senate, or the Speaker of the
10 House of Representatives, respectively, for cause. Absence
11 from three consecutive meetings results in automatic removal.
12 (7)(8) The Governor shall serve as chairperson of the
13 board of directors. The board of directors shall biennially
14 elect one of its appointive members as vice chairperson. The
15 president shall keep a record of the proceedings of the board
16 of directors and is the custodian of all books, documents, and
17 papers filed with the board of directors, the minutes of the
18 board of directors, and the official seal of Enterprise
19 Florida, Inc.
20 (8)(9) The board of directors shall meet at least four
21 times each year, upon the call of the chairperson, at the
22 request of the vice chairperson, or at the request of a
23 majority of the membership. A majority of the total number of
24 all directors fixed by subsection (3) shall constitute a
25 quorum. The board of directors may take official action by a
26 majority vote of the members present at any meeting at which a
27 quorum is present.
28 (9)(10) Members of the board of directors shall serve
29 without compensation, but members, the president, and staff
30 may be reimbursed for all reasonable, necessary, and actual
31 expenses, as determined by the board of directors of
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 Enterprise Florida, Inc.
2 (10)(11) Each member of the board of directors of
3 Enterprise Florida, Inc., who was appointed after June 30,
4 1992, and who is not otherwise required to file financial
5 disclosure pursuant to s. 8, Art. II of the State Constitution
6 or s. 112.3144, shall file disclosure of financial interests
7 pursuant to s. 112.3145.
8 (11)(12) Notwithstanding the provisions of subsection
9 (3), the board of directors may by resolution appoint at-large
10 members to the board from the private sector, each of whom may
11 serve a 1-year term. At-large members shall have the powers
12 and duties of other members of the board, except that they may
13 not serve on an executive committee. An at-large member is
14 eligible for reappointment but may not vote on his or her own
15 reappointment. An at-large member shall be eligible to fill
16 vacancies occurring among private-sector private sector
17 appointees under subsection (3).
18 Section 6. Section 288.9015, Florida Statutes, is
19 amended to read:
20 288.9015 Enterprise Florida, Inc.; purpose; duties.--
21 (1) Enterprise Florida, Inc., is the principal
22 economic development organization for the state. It shall be
23 the responsibility of Enterprise Florida, Inc., to provide
24 leadership for business development in Florida by aggressively
25 establishing a unified approach to Florida's efforts of
26 international trade and reverse investment; by aggressively
27 marketing the state as a probusiness location for potential
28 new investment; and by aggressively assisting in the creation,
29 retention, and expansion of existing businesses and the
30 creation of new businesses. In support of this effort,
31 Enterprise Florida, Inc., may develop and implement specific
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 programs or strategies that address the creation, expansion,
2 and retention of Florida business; the development of import
3 and export trade; and the recruitment of worldwide business.
4 (2) It shall be the responsibility of Enterprise
5 Florida, Inc., to aggressively market Florida's rural
6 communities and distressed urban communities as locations for
7 potential new investment, to aggressively assist in the
8 retention and expansion of existing businesses in these
9 communities, and to aggressively assist these communities in
10 the identification and development of new economic development
11 opportunities for job creation promote and strengthen the
12 creation and growth of small and minority businesses and to
13 increase the opportunities for short-term and long-term rural
14 economic development.
15 (3) It shall be the responsibility of Enterprise
16 Florida, Inc., through the Workforce Development Board, to
17 develop a comprehensive approach to workforce development that
18 will result in better employment opportunities for the
19 residents of this state. Such comprehensive approach must
20 include:
21 (a) Creating and maintaining a highly skilled
22 workforce that is capable of responding to rapidly changing
23 technology and diversified market opportunities.
24 (b) Training, educating, and assisting target
25 populations, such as those who are economically disadvantaged
26 or who participate in the WAGES Program or otherwise receive
27 public assistance to become independent, self-reliant, and
28 self-sufficient. This approach must ensure the effective use
29 of federal, state, local, and private resources in reducing
30 the need for public assistance.
31 (4) It shall be the responsibility of Enterprise
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 Florida, Inc., to assess, on an ongoing basis, Florida's
2 economic development competitiveness as measured against other
3 business locations, to identify and regularly reevaluate
4 Florida's economic development strengths and weaknesses, and
5 to incorporate such information into the strategic planning
6 process under s. 288.904.
7 (5) Enterprise Florida, Inc., shall incorporate the
8 needs of small and minority businesses into the
9 economic-development, international-trade and
10 reverse-investment, and workforce-development responsibilities
11 assigned to the organization by this section.
12 (6)(4) Enterprise Florida, Inc., shall not endorse any
13 candidate for any elected public office, nor shall it
14 contribute moneys to the campaign of any such candidate.
15 (7)(5) As part of its business development and
16 marketing responsibilities, Enterprise Florida, Inc., shall
17 prepare a business guide and checklist that contains basic
18 information on the federal, state, and local requirements for
19 starting and operating a business in this state. The guide and
20 checklist must describe how additional information can be
21 obtained on any such requirements and shall include, to the
22 extent feasible, the names, addresses, and telephone numbers
23 of appropriate government agency representatives. The guide
24 and checklist must also contain information useful to persons
25 who may be starting a business for the first time, including,
26 but not limited to, information on business structure,
27 financing, and planning.
28 Section 7. Section 288.903, Florida Statutes, is
29 amended to read:
30 288.903 Board of directors of Enterprise Florida,
31 Inc.; president; employees.--
40
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 (1) The president of Enterprise Florida, Inc., shall
2 be appointed by the board of directors and shall serve at the
3 pleasure of the Governor. The board of directors shall
4 establish and adjust the compensation of the president. The
5 president is the chief administrative and operational officer
6 of the board of directors and of Enterprise Florida, Inc., and
7 shall direct and supervise the administrative affairs of the
8 board of directors and any other boards of Enterprise Florida,
9 Inc. The board of directors may delegate to its president
10 those powers and responsibilities it deems appropriate, except
11 for the appointment of a president.
12 (2) The board of directors may establish an executive
13 committee consisting of the chairperson or a designee, the
14 vice chairperson, chair and as many additional members of the
15 board of directors as the board deems appropriate, except that
16 such committee must have a minimum of five members. One member
17 of the executive committee shall be selected by each of the
18 following: the Governor, the President of the Senate, and the
19 Speaker of the House of Representatives. Remaining members of
20 the executive committee shall be selected by the board of
21 directors. The executive committee shall have such authority
22 as the board of directors delegates to it, except that the
23 board may not delegate the authority to hire or fire the
24 president or the authority to establish or adjust the
25 compensation paid to the president.
26 (3) The president:
27 (a) May contract with or employ legal and technical
28 experts and such other employees, both permanent and
29 temporary, as authorized by the board of directors.
30 (b) Shall employ and supervise the president of any
31 board established within the Enterprise Florida, Inc.,
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 corporate structure and shall coordinate the activities of any
2 such boards.
3 (c) Shall attend all meetings of the board of
4 directors.
5 (d) Shall cause copies to be made of all minutes and
6 other records and documents of the board of directors and
7 shall certify that such copies are true copies. All persons
8 dealing with the board of directors may rely upon such
9 certifications.
10 (e) Shall be responsible for coordinating and
11 advocating the interests of rural, minority, and small
12 businesses within Enterprise Florida, Inc., its boards, and in
13 all its economic development efforts.
14 (f) Shall administer the finances of Enterprise
15 Florida, Inc., and its boards to ensure appropriate
16 accountability and the prudent use of public and private
17 funds.
18 (g) Shall be the chief spokesperson for Enterprise
19 Florida, Inc., regarding economic development efforts in the
20 state.
21 (h) Shall coordinate all activities and
22 responsibilities of Enterprise Florida, Inc., with respect to
23 participants in the WAGES Program.
24 (i) Shall supervise and coordinate the collection,
25 research, and analysis of information for Enterprise Florida,
26 Inc., and its boards.
27 (3)(4) The board of directors of Enterprise Florida,
28 Inc., and its officers shall be responsible for the prudent
29 use of all public and private funds and shall ensure that the
30 use of such funds is in accordance with all applicable laws,
31 bylaws, or contractual requirements. No employee of Enterprise
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 Florida, Inc., may receive compensation for employment which
2 exceeds the salary paid to the Governor, unless the board of
3 directors and the employee have executed a contract that
4 prescribes specific, measurable performance outcomes for the
5 employee, the satisfaction of which provides the basis for the
6 award of incentive payments that increase the employee's total
7 compensation to a level above the salary paid to the Governor.
8 Section 8. Subsection (1) of section 288.904, Florida
9 Statutes, is amended to read:
10 288.904 Powers of the board of directors of Enterprise
11 Florida, Inc.--
12 (1) The board of directors of Enterprise Florida,
13 Inc., shall have the power to:
14 (a) Secure funding for programs and activities of
15 Enterprise Florida, Inc., and its boards from federal, state,
16 local, and private sources and from fees charged for services
17 and published materials and solicit, receive, hold, invest,
18 and administer any grant, payment, or gift of funds or
19 property and make expenditures consistent with the powers
20 granted to it.
21 (b)1. Make and enter into contracts and other
22 instruments necessary or convenient for the exercise of its
23 powers and functions, except that any contract made with an
24 organization represented on the nominating council or on the
25 board of directors must be approved by a two-thirds vote of
26 the entire board of directors, and the board member
27 representing such organization shall abstain from voting. No
28 more than 65 percent of the dollar value of all contracts or
29 other agreements entered into in any fiscal year, exclusive of
30 grant programs, shall be made with an organization represented
31 on the nominating council or the board of directors. An
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 organization represented on the board or on the nominating
2 council may not enter into a contract to receive a
3 state-funded economic development incentive or similar grant,
4 unless such incentive award is specifically endorsed by a
5 two-thirds vote of the entire board. The board member
6 representing such organization, if applicable, shall abstain
7 from voting and refrain from discussing the issue with other
8 members of the board. No more than 50 percent of the dollar
9 value of grants issued by the board in any fiscal year may go
10 to businesses associated with board members.
11 2. A contract that Enterprise Florida, Inc., executes
12 with a person or organization under which such person or
13 organization agrees to perform economic-development services
14 or similar business-assistance services on behalf of
15 Enterprise Florida, Inc., or on behalf of the state must
16 include provisions requiring that such person or organization
17 report on performance, account for proper use of funds
18 provided under the contract, coordinate with other components
19 of state and local economic development systems, and avoid
20 duplication of existing state and local services and
21 activities.
22 (c) Sue and be sued, and appear and defend in all
23 actions and proceedings, in its corporate name to the same
24 extent as a natural person.
25 (d) Adopt, use, and alter a common corporate seal for
26 Enterprise Florida, Inc., and its boards. Notwithstanding any
27 provisions of chapter 617 to the contrary, this seal is not
28 required to contain the words "corporation not for profit."
29 (e) Elect or appoint such officers and agents as its
30 affairs require and allow them reasonable compensation.
31 (f) Adopt, amend, and repeal bylaws, not inconsistent
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 with the powers granted to it or the articles of
2 incorporation, for the administration of the affairs of
3 Enterprise Florida, Inc., and the exercise of its corporate
4 powers.
5 (g) Acquire, enjoy, use, and dispose of patents,
6 copyrights, and trademarks and any licenses, royalties, and
7 other rights or interests thereunder or therein.
8 (h) Do all acts and things necessary or convenient to
9 carry out the powers granted to it.
10 (i) Use the state seal, notwithstanding the provisions
11 of s. 15.03, when appropriate, to establish that Enterprise
12 Florida, Inc., is the principal economic, workforce, and trade
13 development organization for the state, and for other standard
14 corporate identity applications. Use of the state seal is not
15 to replace use of a corporate seal as provided in this
16 section.
17 (j) Carry forward any unexpended state appropriations
18 into succeeding fiscal years.
19 (k) Procure insurance or require bond against any loss
20 in connection with the property of Enterprise Florida, Inc.,
21 and its boards, in such amounts and from such insurers as is
22 necessary or desirable.
23 (l) Create and dissolve advisory committees, working
24 groups, task forces, or similar organizations, as necessary to
25 carry out the mission of Enterprise Florida, Inc. By August 1,
26 1999, Enterprise Florida, Inc., shall establish an advisory
27 committee on international business issues, and an advisory
28 committee on small business issues. These committees shall be
29 comprised of individuals representing the private sector and
30 the public sector with expertise in the respective subject
31 areas. The purpose of the committees shall be to guide and
45
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 advise Enterprise Florida, Inc., on the development and
2 implementation of policies, strategies, programs, and
3 activities affecting international business and small
4 business. The advisory committee on international business and
5 the advisory committee on small business shall meet at the
6 call of the chair or vice chair of the board of directors of
7 Enterprise Florida, Inc., but shall meet at least quarterly.
8 Meetings of the advisory committee on international business
9 and the advisory committee on small business may be held
10 telephonically; however, meetings of the committees that are
11 held in person shall be rotated at different locations around
12 the state to ensure participation of local and regional
13 economic development practitioners and other members of the
14 public. Members of advisory committees, working groups, task
15 forces, or similar organizations created by Enterprise
16 Florida, Inc., shall serve without compensation, but may be
17 reimbursed for reasonable, necessary, and actual expenses, as
18 determined by the board of directors of Enterprise Florida,
19 Inc.
20 Section 9. Section 288.905, Florida Statutes, is
21 amended to read:
22 288.905 Duties of the board of directors of Enterprise
23 Florida, Inc.--
24 (1) In the performance of its functions and duties,
25 the board of directors may establish, and implement, and
26 manage policies, strategies, and programs for Enterprise
27 Florida, Inc., and its boards. These policies, strategies, and
28 programs shall promote business formation, expansion,
29 recruitment, and retention through aggressive marketing;
30 international development and export assistance; and workforce
31 development, which together lead to more and better jobs with
46
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 higher wages for all geographic regions and communities of the
2 state, including rural areas and urban-core areas, and for all
3 residents, including minorities. In developing such policies,
4 strategies, and programs, the board of directors shall solicit
5 advice from and consider the recommendations of its boards,
6 any advisory committees or similar groups created by
7 Enterprise Florida, Inc., and local and regional partners.
8 (2) The board of directors shall, in conjunction with
9 the Office of Tourism, Trade, and Economic Development, the
10 Office of Urban Opportunities, and local and regional economic
11 development partners, develop a strategic plan for economic
12 development for the State of Florida. Such plan shall be
13 submitted to the Governor, the President of the Senate, the
14 Speaker of the House of Representatives, the Senate Minority
15 Leader, and the House Minority Leader by January 1, 1997, and
16 shall be updated or modified before January 1 of each year,
17 1998, and annually thereafter. The plan must be approved by
18 the board of directors prior to submission to the Governor and
19 Legislature. The plan shall include, but is not limited to:
20 (3)(a) The strategic plan required under this section
21 shall include, but is not limited to, strategies for the
22 promotion of business formation, expansion, recruitment, and
23 retention through aggressive marketing, international
24 development and export assistance, and workforce development
25 programs which lead to more and better jobs and higher wages
26 for all geographic regions and disadvantaged communities and
27 populations of the state, including rural areas, minority
28 businesses, and urban core areas. Further, the strategic plan
29 shall give consideration to the economic diversity of the
30 state and its regions and their associated industrial clusters
31 and develop realistic policies and programs to further their
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 development.
2 (a) Allocation of public and private resources to
3 specific activities that will return the greatest benefit to
4 the economy of this state. Including delineation on the amount
5 of funds that should be expended on each component of the
6 plan.
7 (b) Identification of programs that will enhance the
8 capabilities of small and minority businesses. The plan
9 should include ways to improve and increase the access to
10 information, services, and assistance for small and minority
11 businesses.
12 (b)(c)1. The strategic plan required under this
13 section shall include specific Specific provisions for the
14 stimulation of economic development and job creation in rural
15 areas and midsize cities and counties of the state. These
16 provisions shall include, but are not limited to, the
17 identification of all rural counties in the state and rural
18 cities located in nonrural counties; the identification of all
19 midsize cities and counties in the state; the identification
20 of the economic development and job creation goals of the
21 rural cities and counties and midsize cities; the
22 identification of rural areas of critical concern; the
23 identification of specific local, state, and federal financial
24 and technical assistance resources available to rural cities
25 and counties and midsize cities and counties for economic and
26 community development; the identification of private sector
27 resources available to rural cities and counties and midsize
28 cities and counties for economic and community development;
29 and specific methods for the use of the resources identified
30 in the plan to meet the goals identified in the plan.
31 2. Enterprise Florida, Inc., shall involve the local
48
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 governments, local and regional economic development
2 organizations, and of the cities and counties identified
3 pursuant to subparagraph 1., as well as any other local,
4 state, and federal economic, international, and workforce
5 rural development entities, both public and private, in
6 developing and carrying out policies, strategies, and
7 programs, seeking to partner and collaborate to produce
8 enhanced public benefit at a lesser cost any provisions.
9 (d)1. Specific provisions for the stimulation of
10 economic development and job creation in small businesses and
11 minority businesses. These provisions shall include, but are
12 not limited to, the identification of federal, state, and
13 local financial and technical resources available for small
14 businesses and minority businesses; and specific methods for
15 the use of the resources identified in the plan to meet the
16 goal of job creation in small businesses and minority
17 businesses in the state.
18 3.2. Enterprise Florida, Inc., shall involve rural,
19 urban, small-business, and minority-business local, state, and
20 federal small business and minority business development
21 agencies and organizations, both public and private, in
22 developing and carrying out policies, strategies, and programs
23 any provisions.
24 (c)(e) The strategic plan required under this section
25 shall include the creation Creation of workforce training
26 programs that lead to better employment opportunities and
27 higher wages.
28 (f) Promotion of business formation, expansion,
29 recruitment, and retention, including programs that enhance
30 access to appropriate forms of financing for businesses in
31 this state.
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 (d)(g) The strategic plan required under this section
2 shall include the promotion Promotion of the successful
3 long-term economic development of the state with increased
4 emphasis in market research and information to local economic
5 development entities and generation of foreign investment in
6 the state that creates jobs with above-average wages,
7 internationalization of this state, with strong emphasis in
8 reverse investment that creates high wage jobs for the state
9 and its many regions, including programs that establish viable
10 overseas markets, generate foreign investment, assist in
11 meeting the financing requirements of export-ready firms,
12 broaden opportunities for international joint venture
13 relationships, use the resources of academic and other
14 institutions, coordinate trade assistance and facilitation
15 services, and facilitate availability of and access to
16 education and training programs which will assure requisite
17 skills and competencies necessary to compete successfully in
18 the global marketplace.
19 (h) Promotion of the growth of high technology and
20 other value-added industries and jobs.
21 (i) Addressing the needs of blighted inner-city
22 communities that have unacceptable levels of unemployment and
23 economic disinvestment, with the ultimate goal of creating
24 jobs for the residents of such communities.
25 (e)(j) The strategic plan required under this section
26 shall include the identification of Identifying business
27 sectors that are of current or future importance to the
28 state's economy and to the state's worldwide business image,
29 and development of developing specific strategies to promote
30 the development of such sectors.
31 (4)(a)(3)(a) The strategic plan shall also include
50
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 recommendations regarding specific performance standards and
2 measurable outcomes. By July 1, 1997, Enterprise Florida,
3 Inc., in consultation with the Office of Tourism, Trade, and
4 Economic Development and the Office of Program Policy Analysis
5 and Government Accountability, shall establish
6 performance-measure outcomes for Enterprise Florida, Inc., and
7 its boards and advisory committees. Enterprise Florida, Inc.,
8 in consultation with the Office of Tourism, Trade, and
9 Economic Development and the Office of Program Policy Analysis
10 and Government Accountability, shall develop a plan for
11 monitoring its operations to ensure that performance data are
12 maintained and supported by records of the organization. On a
13 biennial basis, By July 1, 1998, and biennially thereafter,
14 Enterprise Florida, Inc., in consultation with the Office of
15 Tourism, Trade, and Economic Development and the Office of
16 Program Policy Analysis and Government Accountability, shall
17 review the performance-measure outcomes for Enterprise
18 Florida, Inc., and its boards, and make any appropriate
19 modifications to them. In developing measurable objectives and
20 performance outcomes, Enterprise Florida, Inc., shall consider
21 the effect of its programs, activities, and services on its
22 client population. Enterprise Florida, Inc., shall establish
23 standards such as job growth among client firms, growth in the
24 number and strength of businesses within targeted sectors,
25 client satisfaction, including the satisfaction of its local
26 and regional economic development partners, venture capital
27 dollars invested in small and minority businesses, businesses
28 retained and recruited statewide and within rural and urban
29 core communities, employer wage growth, minority business
30 participation in technology assistance and development
31 programs, and increased export sales among client companies to
51
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 use in evaluating performance toward accomplishing the mission
2 of Enterprise Florida, Inc.
3 (b) The performance standards and measurable outcomes
4 established and regularly reviewed by Enterprise Florida,
5 Inc., under this subsection must also include benchmarks and
6 goals to measure the impact of state economic development
7 policies and programs. Such benchmarks and goals may include,
8 but are not limited to:
9 1. Net annual job growth rate in this state compared
10 to neighboring southern states and the United States as a
11 whole.
12 2. Unemployment rate in this state compared to
13 neighboring southern states and the United States as a whole.
14 3. Wage distribution based on the percentage of people
15 working in this state who earned 15 percent below the state
16 average, within 15 percent of the state average, and 15
17 percent or more above the state average.
18 4. Annual percentage of growth in the production of
19 goods and services within Florida compared to neighboring
20 southern states and the United States as a whole.
21 5. Changes in jobs in this state by major industry
22 based on the percentage of growth or decline in the number of
23 full-time or part-time jobs in this state.
24 6. Number of new business startups in this state.
25 7. Goods produced in this state that are exported to
26 other countries.
27 8. Capital investment for commercial and industrial
28 purposes, agricultural production and processing, and
29 international trade.
30 (c) Prior to the 2002 1999 Regular Session of the
31 Legislature, the Office of Program Policy Analysis and
52
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 Government Accountability shall conduct a review of Enterprise
2 Florida, Inc., and its boards and shall submit a report by
3 January 1, 2002, to the President of the Senate, the Speaker
4 of the House of Representatives, the Senate Minority Leader,
5 and the House Minority Leader. The review shall be
6 comprehensive in its scope, but, at a minimum, must be
7 conducted in such a manner as to specifically determine:
8 1. The progress towards achieving the established
9 outcomes.
10 2. The circumstances contributing to the
11 organization's ability to achieve, not achieve, or exceed its
12 established outcomes.
13 3. The progress towards achieving the established
14 goals of the Cypress Equity Fund and whether the strategy
15 underlying the fund is appropriate.
16 3.4. Whether it would be sound public policy to
17 continue or discontinue funding the organization, and the
18 consequences of discontinuing the organization. The report
19 shall be submitted by January 1, 1999, to the President of the
20 Senate, the Speaker of the House of Representatives, the
21 Senate Minority Leader, and the House Minority Leader.
22 (d) Prior to the 2003 Regular Session of the
23 Legislature, the Office of Program Policy Analysis and
24 Government Accountability, shall conduct another review of
25 Enterprise Florida, Inc., and its boards using the criteria in
26 paragraph (c). The report shall be submitted by January 1,
27 2003, to the President of the Senate, the Speaker of the House
28 of Representatives, the Senate Minority Leader, and the House
29 Minority Leader.
30 (5)(4) The board of directors shall coordinate and
31 collaborate the economic development activities and policies
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 of Enterprise Florida, Inc., with local municipal, county, and
2 regional economic development organizations, which shall be to
3 establish and further develop the role of local economic
4 development organizations as the state's primary
5 service-delivery agents for the direct delivery of economic
6 development and international development services. Where
7 feasible, the board shall work with regional economic
8 development organizations in the delivery of services of
9 Enterprise Florida, Inc., and its boards.
10 (5) Enterprise Florida, Inc., shall deposit into
11 African-American-qualified public depositories and
12 Hispanic-American-qualified public depositories a portion of
13 any moneys received by Enterprise Florida, Inc., and its
14 boards from the state.
15 (6) Any employee leased by Enterprise Florida, Inc.,
16 from the state, or any employee who derives his or her salary
17 from funds appropriated by the Legislature, may not receive a
18 pay raise or bonus in excess of a pay raise or bonus that is
19 received by similarly situated state employees. However, this
20 subsection does not prohibit the payment of a pay raise or
21 bonus from funds received from sources other than the Florida
22 Legislature.
23 Section 10. Section 288.906, Florida Statutes, is
24 amended to read:
25 288.906 Annual report of Enterprise Florida, Inc.;
26 audits; confidentiality.--
27 (1) Prior to December 1 of each year, Enterprise
28 Florida, Inc., shall submit to the Governor, the President of
29 the Senate, the Speaker of the House of Representatives, the
30 Senate Minority Leader, and the House Minority Leader a
31 complete and detailed report including, but not limited to:
54
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 (a) A description of the operations and
2 accomplishments of Enterprise Florida, Inc., and its boards
3 and advisory committees or similar groups created by
4 Enterprise Florida, Inc., and an identification of any major
5 trends, initiatives, or developments affecting the performance
6 of any program or activity.
7 (b) An evaluation of progress towards achieving
8 organizational goals and specific performance outcomes, both
9 short-term and long-term, established pursuant to s. 288.905.
10 (c) Methods for implementing and funding the
11 operations of Enterprise Florida, Inc., and its boards.
12 (d) A description of the operations and
13 accomplishments of Enterprise Florida, Inc., and its boards,
14 with respect to furthering the development and viability of
15 small and minority businesses, including any accomplishments
16 relating to capital access and technology and business
17 development programs.
18 (d)(e) A description of the operations and
19 accomplishments of Enterprise Florida, Inc., and its boards
20 with respect to aggressively marketing Florida's rural
21 communities and distressed urban communities as locations for
22 potential new investment and job creation, aggressively
23 assisting in the creation, retention, and expansion of
24 existing businesses and job growth in these communities, and
25 aggressively assisting these communities in the identification
26 and development of new economic-development opportunities
27 furthering the development and viability of rural cities and
28 counties, and midsize cities and counties in this state.
29 (e)(f) A description and evaluation of the operations
30 and accomplishments of Enterprise Florida, Inc., and its
31 boards with respect to interaction with local and private
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 economic development organizations, including an
2 identification of any specific programs or activities which
3 promoted the activities of such organizations and an
4 identification of any specific programs or activities which
5 promoted a comprehensive and coordinated approach to economic
6 development in this state.
7 (f)(g) An assessment of employee training and job
8 creation that directly benefits participants in the WAGES
9 Program.
10 (g)(h) An annual compliance and financial audit of
11 accounts and records by an independent certified public
12 accountant at the end of its most recent fiscal year performed
13 in accordance with rules adopted by the Auditor General.
14
15 The detailed report required by this subsection shall also
16 include the information identified in paragraphs (a)-(g)
17 (a)-(h), if applicable, for any board established within the
18 corporate structure of Enterprise Florida, Inc.
19 (2)(a) The Auditor General may, pursuant to his or her
20 own authority or at the direction of the Joint Legislative
21 Auditing Committee, conduct an audit of Enterprise Florida,
22 Inc., including any of its boards, advisory committees or
23 similar groups created by Enterprise Florida, Inc., and
24 programs. The audit or report may not reveal the identity of
25 any person who has anonymously made a donation to Enterprise
26 Florida, Inc., pursuant to paragraph (b).
27 (b) The identity of a donor or prospective donor to
28 Enterprise Florida, Inc., who desires to remain anonymous and
29 all information identifying such donor or prospective donor
30 are confidential and exempt from the provisions of s.
31 119.07(1) and s. 24(a), Art. I of the State Constitution. Such
56
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 anonymity shall be maintained in the auditor's report.
2 Section 11. Subsection (3) of section 288.9415,
3 Florida Statutes, is amended to read:
4 288.9415 International Trade Grants.--
5 (3) The International Trade and Economic Development
6 Board of Enterprise Florida, Inc., shall review each
7 application for a grant to promote international trade and
8 shall submit annually to the Office of Tourism, Trade, and
9 Economic Development for approval lists of all recommended
10 applications that are recommended by the International Trade
11 and Economic Development Board for the award of grants,
12 arranged in order of priority. The Office of Tourism, Trade,
13 and Economic Development may allocate grants only for projects
14 that are approved or for which funds are appropriated by the
15 Legislature. Projects approved and recommended by Enterprise
16 Florida, Inc., the International Trade and Economic
17 Development Board which are not funded by the Legislature
18 shall be retained on the project list for the following grant
19 cycle only. All projects that are retained shall be required
20 to submit such information as may be required by the Office of
21 Tourism, Trade, and Economic Development as of the established
22 deadline date of the latest grant cycle in order to adequately
23 reflect the most current status of the project.
24 Section 12. Section 288.9511, Florida Statutes, is
25 amended to read:
26 288.9511 Definitions.--As used in ss.
27 288.9511-288.9517, the term:
28 (1) "Educational institutions" means Florida technical
29 institutes and vocational schools, and public and private
30 community colleges, colleges, and universities in the state.
31 (2) "Enterprise" means a firm with its principal place
57
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 of business in this state which is engaged, or proposes to be
2 engaged, in this state in agricultural industries,
3 natural-resource-based or other manufacturing, research and
4 development, or the provision of knowledge-based services.
5 (3) "Board" means the technology development board.
6 (3)(4) "Person" means any individual, partnership,
7 corporation, or joint venture that carries on business, or
8 proposes to carry on business, within the state.
9 (4)(5) "Product" means any product, device, technique,
10 or process that is, or may be, developed or marketed
11 commercially; the term does not refer, however, to basic
12 research, but rather to products, devices, techniques, or
13 processes that have advanced beyond the theoretical stage and
14 are in a prototype or industry practice stage.
15 (5)(6) "Qualified security" means a public or private
16 financial arrangement that involves any note, security,
17 debenture, evidence of indebtedness, certificate of interest
18 of participation in any profit-sharing agreement,
19 preorganization certificate or subscription, transferable
20 security, investment contract, certificate of deposit for a
21 security, certificate of interest or participation in a patent
22 or application thereof, or in royalty or other payments under
23 such a patent or application, or, in general, any interest or
24 instrument commonly known as a security or any certificate
25 for, receipt for, guarantee of, or option warrant or right to
26 subscribe to or purchase any of the foregoing to the extent
27 allowed by law.
28 (6)(7) "Technology application" means the introduction
29 and adaptation of off-the-shelf technologies and
30 state-of-the-art management practices to the specific
31 circumstances of an individual firm.
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 (7)(8) "Technology commercialization" means the
2 process of bringing an investment-grade technology out of an
3 enterprise, university, or federal laboratory for first-run
4 application in the marketplace.
5 (8)(9) "Technology development" means strategically
6 focused research aimed at developing investment-grade
7 technologies essential to market competitiveness.
8 Section 13. Section 288.9515, Florida Statutes, is
9 amended to read:
10 288.9515 Authorized programs of technology development
11 programs board.--
12 (1) Enterprise Florida, Inc., The board may create a
13 technology applications services service, and may to be called
14 the Florida Innovation Alliance. The Florida Innovation
15 Alliance shall serve as an umbrella organization for
16 technology applications service providers throughout the state
17 which provide critical, managerial, technological, scientific,
18 and related financial and business expertise essential for
19 international and domestic competitiveness to small-sized and
20 medium-sized manufacturing and knowledge-based service firms.
21 Enterprise Florida, Inc., The board is authorized the
22 following powers in order to carry out these the functions of
23 the Florida Innovation Alliance:
24 (a) Providing communication and coordination services
25 among technology applications service providers throughout the
26 state.
27 (b) Providing coordinated marketing services to
28 small-sized and medium-sized manufacturers in the state on
29 behalf of, and in partnership with, technology applications
30 service providers.
31 (c) Securing additional sources of funds on behalf of,
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 and in partnership with, technology applications service
2 providers.
3 (d) Developing plans and policies to assist
4 small-sized and medium-sized manufacturing companies or other
5 knowledge-based firms in Florida.
6 (e) Entering into contracts with technology
7 applications service providers for expanded availability of
8 high-quality assistance to small-sized and medium-sized
9 manufacturing companies or knowledge-based service firms,
10 including, but not limited to, technological, human resources
11 development, market planning, finance, and interfirm
12 collaboration. Enterprise Florida, Inc., The board shall
13 ensure that all contracts in excess of $20,000 for the
14 delivery of such assistance to Florida firms shall be based on
15 competitive requests for proposals and. The board shall
16 establish clear standards for the delivery of services under
17 such contracts. Such standards include, but are not limited
18 to:
19 1. The ability and capacity to deliver services in
20 sufficient quality and quantity.
21 2. The ability and capacity to deliver services in a
22 timely manner.
23 3. The ability and capacity to meet the needs of firms
24 in the proposed market area.
25 (f) Assisting other educational institutions,
26 enterprises, or the entities providing business assistance to
27 small-sized and medium-sized manufacturing enterprises.
28 (g) Establishing a system to evaluate the
29 effectiveness and efficiency of technology applications
30 Florida Innovation Alliance services provided to small-sized
31 and medium-sized enterprises.
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 (h) Establishing special education and informational
2 programs for Florida enterprises and for educational
3 institutions and enterprises providing business assistance to
4 Florida enterprises.
5 (i) Evaluating and documenting the needs of firms in
6 this state for technology application services, and developing
7 means to ensure that these needs are met, consistent with the
8 powers provided for in this subsection.
9 (j) Maintaining an office in such place or places as
10 the board recommends and the board of directors of Enterprise
11 Florida, Inc., approves.
12 (k) Making and executing contracts with any person,
13 enterprise, educational institution, association, or any other
14 entity necessary or convenient for the performance of its
15 duties and the exercise of the board's powers and functions of
16 Enterprise Florida, Inc., under this subsection.
17 (l) Receiving funds from any source to carry out the
18 purposes of providing technology applications services the
19 Florida Innovation Alliance, including, but not limited to,
20 gifts or grants from any department, agency, or
21 instrumentality of the United States or of the state, or any
22 enterprise or person, for any purpose consistent with the
23 provisions of this subsection the Florida Innovation Alliance.
24 (m) Acquiring or selling, conveying, leasing,
25 exchanging, transferring, or otherwise disposing of the
26 alliance's property or interest therein.
27 (2) When choosing contractors under this section,
28 preference shall be given to existing institutions,
29 organizations, and enterprises so long as these existing
30 institutions, organizations, and enterprises demonstrate the
31 ability to perform at standards established by Enterprise
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 Florida, Inc., the board under paragraph (1)(e). Neither the
2 provisions of ss. 288.9511-288.9517 nor the actions taken by
3 Enterprise Florida, Inc., under this section of the alliance
4 shall impair or hinder the operations, performance, or
5 resources of any existing institution, organization, or
6 enterprise.
7 (3) Enterprise Florida, Inc., The board may create a
8 technology development financing fund, to be called the
9 Florida Technology Research Investment Fund. The fund shall
10 increase technology development in this state by investing in
11 technology development projects that have the potential to
12 generate investment-grade technologies of importance to the
13 state's economy as evidenced by the willingness of private
14 businesses to coinvest in such projects. Enterprise Florida,
15 Inc., The board may also demonstrate and develop effective
16 approaches to, and benefits of, commercially oriented research
17 collaborations between businesses, universities, and state and
18 federal agencies and organizations. Enterprise Florida, Inc.,
19 The board shall endeavor to maintain the fund as a
20 self-supporting fund once the fund is sufficiently capitalized
21 as reflected in the minimum funding report required in s.
22 288.9516. The technology research investment projects may
23 include, but are not limited to:
24 (a) Technology development projects expected to lead
25 to a specific investment-grade technology that is of
26 importance to industry in this state.
27 (b) Technology development centers and facilities
28 expected to generate a stream of products and processes with
29 commercial application of importance to industry in this
30 state.
31 (c) Technology development projects that have, or are
62
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 currently using, other federal or state funds such as federal
2 Small Business Innovation Research awards.
3 (4) Enterprise Florida, Inc., The board shall invest
4 moneys contained in the Florida Technology Research Investment
5 Fund in technology application research or for technology
6 development projects that have the potential for commercial
7 market application. The partnership shall coordinate any
8 investment in any space-related technology projects with the
9 Spaceport Florida Authority and the Technological Research and
10 Development Authority.
11 (a) The investment of moneys contained in the Florida
12 Technology Research Investment Fund is limited to investments
13 in qualified securities in which a private enterprise in this
14 state coinvests at least 40 percent of the total project
15 costs, in conjunction with other cash or noncash investments
16 from state educational institutions, state and federal
17 agencies, or other institutions.
18 (b) For the purposes of this fund, qualified
19 securities include loans, loans convertible to equity, equity,
20 loans with warrants attached that are beneficially owned by
21 the board, royalty agreements, or any other contractual
22 arrangement in which the board is providing scientific and
23 technological services to any federal, state, county, or
24 municipal agency, or to any individual, corporation,
25 enterprise, association, or any other entity involving
26 technology development.
27 (c) Not more than $175,000 or 5 percent of the
28 revenues generated by investment of moneys contained in the
29 Florida Technology Research Investment Fund, whichever is
30 greater, may be used to pay the partnership's operating
31 expenses associated with operation of the Florida Technology
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 Research Investment Fund.
2 (d) In the event of liquidation or dissolution of
3 Enterprise Florida, Inc., or the Florida Technology Research
4 Investment Fund, any rights or interests in a qualified
5 security or portion of a qualified security purchased with
6 moneys invested by the State of Florida shall vest in the
7 state, under the control of the State Board of Administration.
8 The state is entitled to, in proportion to the amount of
9 investment in the fund by the state, any balance of funds
10 remaining in the Florida Technology Research Investment Fund
11 after payment of all debts and obligations upon liquidation or
12 dissolution of Enterprise Florida, Inc., or the fund.
13 (e) The investment of funds contained in the Florida
14 Technology Research Investment Fund does not constitute a
15 debt, liability, or obligation of the State of Florida or of
16 any political subdivision thereof, or a pledge of the faith
17 and credit of the state or of any such political subdivision.
18 (5) Enterprise Florida, Inc., The board may create
19 technology commercialization programs in partnership with
20 private enterprises, educational institutions, and other
21 institutions to increase the rate at which technologies with
22 potential commercial application are moved from university,
23 public, and industry laboratories into the marketplace. Such
24 programs shall be created based upon research to be conducted
25 by Enterprise Florida, Inc the board.
26 Section 14. Section 288.95155, Florida Statutes, 1998
27 Supplement, is amended to read:
28 288.95155 Florida Small Business Technology Growth
29 Program.--
30 (1) The Florida Small Business Technology Growth
31 Program is hereby established to provide financial assistance
64
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 to businesses in this state having high job growth and
2 emerging technology potential and fewer than 100 employees.
3 The program shall be administered and managed by the
4 technology development board of Enterprise Florida, Inc.
5 (2) Enterprise Florida, Inc., The board shall
6 establish a separate small business technology growth account
7 in the Florida Technology Research Investment Fund for
8 purposes of this section. Moneys in the account shall consist
9 of appropriations by the Legislature, proceeds of any
10 collateral used to secure such assistance, transfers, fees
11 assessed for providing or processing such financial
12 assistance, grants, interest earnings, earnings on financial
13 assistance, and any moneys transferred to the account by the
14 Department of Community Affairs from the Economic Opportunity
15 Trust Fund for use in qualifying energy projects.
16 (3) Pursuant to s. 216.351, the amount of any moneys
17 appropriated to the account which are unused at the end of the
18 fiscal year shall not be subject to reversion under s.
19 216.301. All moneys in the account are continuously
20 appropriated to the account and may be used for loan
21 guarantees, letter of credit guarantees, cash reserves for
22 loan and letter of credit guarantees, payments of claims
23 pursuant to contracts for guarantees, subordinated loans,
24 loans with warrants, royalty investments, equity investments,
25 and operations of the program. Any claim against the program
26 shall be paid solely from the account. Neither the credit nor
27 the taxing power of the state shall be pledged to secure the
28 account or moneys in the account, other than from moneys
29 appropriated or assigned to the account, and the state shall
30 not be liable or obligated in any way for any claims against
31 the account or, against the technology development board, or
65
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 against Enterprise Florida, Inc.
2 (4) Awards of assistance from the program shall be
3 finalized at meetings of the technology development board and
4 shall be subject to the policies and procedures of Enterprise
5 Florida, Inc. Enterprise Florida, Inc., The board shall
6 leverage at least one dollar of matching investment for each
7 dollar awarded from the program. Enterprise Florida, Inc., The
8 board shall give the highest priority to moderate-risk and
9 high-risk ventures that offer the greatest opportunity for
10 compelling economic development impact. Enterprise Florida,
11 Inc., The board shall establish for each award a risk-reward
12 timetable that profiles the risks of the assistance, estimates
13 the potential economic development impact, and establishes a
14 timetable for reviewing the success or failure of the
15 assistance. By December 31 of each year, Enterprise Florida,
16 Inc., the board shall evaluate, on a portfolio basis, the
17 results of all awards of assistance made from the program
18 during the year.
19 (5) By January 1 of each year, Enterprise Florida,
20 Inc., the board shall prepare a report on the financial status
21 of the program and the account and shall submit a copy of the
22 report to the board of directors of Enterprise Florida, Inc.,
23 the appropriate legislative committees responsible for
24 economic development oversight, and the appropriate
25 legislative appropriations subcommittees. The report shall
26 specify the assets and liabilities of the account within the
27 current fiscal year and shall include a portfolio update that
28 lists all of the businesses assisted, the private dollars
29 leveraged by each business assisted, and the growth in sales
30 and in employment of each business assisted.
31 Section 15. Section 288.9519, Florida Statutes, is
66
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 amended to read:
2 288.9519 Not-for-profit corporation.--
3 (1) It is the intent of the Legislature to promote the
4 development of the state economy and to authorize the
5 establishment of a not-for-profit organization that shall
6 promote the competitiveness and profitability of
7 high-technology business and industry through technology
8 development projects of importance to specific manufacturing
9 sectors in this state. This not-for-profit corporation shall
10 work cooperatively with Enterprise Florida, Inc., the
11 technology development board and shall avoid duplicating the
12 activities, programs, and functions of Enterprise Florida,
13 Inc. the board.
14 (2) In addition to all other powers and authority, not
15 explicitly prohibited by statutes, this not-for-profit
16 organization has the following powers and duties:
17 (a) To receive funds appropriated to the organization
18 by the Legislature. Such funds may not duplicate funds
19 appropriated to Enterprise Florida, Inc. the technology
20 development board but shall serve to further the advancement
21 of the state economy, jointly and collaboratively with
22 Enterprise Florida, Inc. the board.
23 (b) To submit a legislative budget request through a
24 state agency.
25 (c) To accept gifts, grants, donations, expenses,
26 in-kind services, or other goods or services for carrying out
27 its purposes, and to expend such funds or assets in any legal
28 manner according to the terms and conditions of acceptance and
29 without interference, control, or restraint by the state.
30 (d) To carry forward any unexpended state
31 appropriations into succeeding fiscal years.
67
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 Section 16. Section 288.9520, Florida Statutes, is
2 amended to read:
3 288.9520 Public records exemption.--Materials that
4 relate to methods of manufacture or production, potential
5 trade secrets, potentially patentable material, actual trade
6 secrets, business transactions, financial and proprietary
7 information, and agreements or proposals to receive funding
8 that are received, generated, ascertained, or discovered by
9 Enterprise Florida, Inc., the technology development board,
10 including its affiliates or subsidiaries and partnership
11 participants, such as private enterprises, educational
12 institutions, and other organizations, are confidential and
13 exempt from the provisions of s. 119.07(1) and s. 24(a), Art.
14 I of the State Constitution, except that a recipient of
15 Enterprise Florida, Inc., board research funds shall make
16 available, upon request, the title and description of the
17 research project, the name of the researcher, and the amount
18 and source of funding provided for the project.
19 Section 17. Subsection (10) of section 288.9603,
20 Florida Statutes, is amended to read:
21 288.9603 Definitions.--
22 (10) "Partnership" means the Enterprise Florida, Inc
23 capital development board created under s. 288.9611.
24 Section 18. Subsections (2) and (3) of section
25 288.9604, Florida Statutes, are amended to read:
26 288.9604 Creation of the authority.--
27 (2) A city or county of Florida shall be selected by a
28 search committee of Enterprise Florida, Inc the capital
29 development board. This city or county shall be authorized to
30 activate the corporation. The search committee shall be
31 composed of two commercial banking representatives, the Senate
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1 member of the partnership, the House of Representatives member
2 of the partnership, and a member who is an industry or
3 economic development professional.
4 (3) Upon activation of the corporation, the Governor,
5 subject to confirmation by the Senate, shall appoint the board
6 of directors of the corporation, who shall be five in number.
7 The terms of office for the directors shall be for 4 years,
8 except that three of the initial directors shall be designated
9 to serve terms of 1, 2, and 3 years, respectively, from the
10 date of their appointment, and all other directors shall be
11 designated to serve terms of 4 years from the date of their
12 appointment. A vacancy occurring during a term shall be filled
13 for the unexpired term. A director shall be eligible for
14 reappointment. At least three of the directors of the
15 corporation shall be bankers who have been selected by the
16 Governor from a list of bankers who were nominated by the
17 Enterprise Florida, Inc. capital development board, and one of
18 the directors shall be an economic development specialist. The
19 chairperson of the Florida Black Business Investment Board
20 shall be an ex officio member of the board of the corporation.
21 Section 19. Section 288.9614, Florida Statutes, is
22 amended to read:
23 288.9614 Authorized programs.--Enterprise Florida,
24 Inc., The capital development board may take any action that
25 it deems necessary to achieve the purposes of this act in
26 partnership with private enterprises, public agencies, and
27 other organizations, including, but not limited to, efforts to
28 address the long-term debt needs of small-sized and
29 medium-sized firms, to address the needs of microenterprises,
30 to expand availability of venture capital, and to increase
31 international trade and export finance opportunities for firms
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1 critical to achieving the purposes of this act.
2 Section 20. Subsection (1) of section 288.9618,
3 Florida Statutes, is amended to read:
4 288.9618 Microenterprises.--
5 (1) Subject to specific appropriations in the General
6 Appropriations Act, the Office of Tourism, Trade, and Economic
7 Development may contract with the Enterprise Florida Capital
8 Development Board or some other appropriate not-for-profit or
9 governmental organization for any action that the office deems
10 necessary to foster the development of microenterprises in the
11 state. As used within this section, microenterprises are
12 extremely small business enterprises which enable low and
13 moderate income individuals to achieve self-sufficiency
14 through self-employment. Microenterprise programs are those
15 which provide at least one of the following: small amounts of
16 capital, business training, and technical assistance. Where
17 feasible, the office or organizations under contract with the
18 office shall work in cooperation with other organizations
19 active in the study and support of microenterprises. Such
20 actions may include, but are not limited to:
21 (a) Maintaining a network of communication and
22 coordination among existing microenterprise lending and
23 assistance programs throughout the state.
24 (b) Providing information and technical help to
25 community-based or regional organizations attempting to
26 establish new microenterprise programs.
27 (c) Encouraging private sector investment in
28 microenterprises and microenterprise lending programs.
29 (d) Fostering mentoring and networking relationships
30 among microenterprises and other businesses and public bodies
31 in order to give microenterprises access to management advice
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1 and business leads.
2 (e) Incorporating microenterprise components into the
3 capital development programs and other business development
4 programs operated by Enterprise Florida, Inc., and its
5 affiliates.
6 (f) Providing organizational, financial, and marketing
7 support for conferences, workshops, or similar events that
8 focus on microenterprise development.
9 (g) Establishing a program and guidelines for the
10 award of matching grants on a competitive basis to support the
11 operational expenses of not-for-profit organizations and
12 government agencies that are engaged in microenterprise
13 lending and other microenterprise assistance activities.
14 (h) Coordinating with other organizations to ensure
15 that participants in the WAGES Program are given opportunities
16 to create microenterprises.
17 Section 21. Sections 288.902, 288.9412, 288.9413,
18 288.9414, 288.942, 288.9510, 288.9512, 288.9513, 288.9514,
19 288.9516, 288.9611, 288.9612, 288.9613, and 288.9615, Florida
20 Statutes, are repealed.
21 Section 22. (1) Notwithstanding any other provision
22 of law, any contract or interagency agreement existing on or
23 before the effective date of this section between the
24 International Trade and Economic Development Board, the
25 Technology Development Board, or the Capital Development Board
26 of Enterprise Florida, Inc., or entities or agents of those
27 boards, and other agencies, entities, or persons shall
28 continue as binding contracts or agreements with Enterprise
29 Florida, Inc., which is the successor entity responsible for
30 the program, activity, or functions relative to the contract
31 or agreement.
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1 (2) Any tangible personal property of the
2 International Trade and Economic Development Board, the
3 Technology Development Board, or the Capital Development Board
4 of Enterprise Florida, Inc., is transferred to Enterprise
5 Florida, Inc.
6 (3) Enterprise Florida, Inc., may assume
7 responsibility for any programs or activities of the
8 International Trade and Economic Development Board, the
9 Technology Development Board, or the Capital Development Board
10 in existence as of the effective date of this section and may
11 determine the appropriate placement of such programs or
12 activities within the organization.
13 Section 23. The Division of Statutory Revision is
14 directed to redesignate part VIII of chapter 288, Florida
15 Statutes, as "Technology Development" and to redesignate part
16 IX of that chapter as "Capital Development."
17 Section 24. Subsection (1) of section 288.707, Florida
18 Statutes, is amended to read:
19 288.707 Florida Black Business Investment Board.--
20 (1) The Legislature finds that the public interest of
21 Florida will be served by the creation and growth of black
22 business enterprises by:
23 (a) Increasing opportunities for employment of blacks,
24 as well as the population in general;
25 (b) Providing role models and establishing business
26 networks for the benefit of future generations of aspiring
27 black entrepreneurs; and
28 (c) Strengthening the economy of the state by
29 increasing the number of qualified black business enterprises,
30 which in turn will increase competition in the marketplace and
31 improve the welfare of economically depressed neighborhoods;
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1 and.
2 (d) Taking measures to increase access of black
3 businesses to both debt and equity capital.
4 Section 25. Present subsection (17) of section
5 288.709, Florida Statutes, 1998 Supplement, is redesignated as
6 subsection (18), and a new subsection (17) is added to that
7 section to read:
8 288.709 Powers of the Florida Black Business
9 Investment Board.--The board shall have all the powers
10 necessary or convenient to carry out and effectuate the
11 purposes and provisions of ss. 9-21, chapter 85-104, Laws of
12 Florida, including, but not limited to, the power to:
13 (17) Promote black ownership of financial institutions
14 in Florida.
15 Section 26. Subsections (2), (3), (6), and (11) of
16 section 288.99, Florida Statutes, 1998 Supplement, are amended
17 to read:
18 288.99 Certified Capital Company Act.--
19 (2) PURPOSE.--The primary purpose of this act is to
20 stimulate a substantial increase in venture capital
21 investments in this state by providing an incentive for
22 insurance companies to invest in certified capital companies
23 in this state which, in turn, will make investments in new
24 businesses or in expanding businesses, including
25 minority-owned or minority-operated businesses and businesses
26 located in a designated Front Porch community, enterprise
27 zone, urban high-crime area, rural job tax credit county, or
28 nationally recognized historic district. The increase in
29 investment capital flowing into new or expanding businesses is
30 intended to contribute to employment growth, create jobs which
31 exceed the average wage for the county in which the jobs are
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1 created, and expand or diversify the economic base of this
2 state.
3 (3) DEFINITIONS.--As used in this section, the term:
4 (a) "Affiliate of an insurance company" means:
5 1. Any person directly or indirectly beneficially
6 owning, whether through rights, options, convertible
7 interests, or otherwise, controlling, or holding power to vote
8 10 percent or more of the outstanding voting securities or
9 other ownership interests of the insurance company;
10 2. Any person 10 percent or more of whose outstanding
11 voting securities or other ownership interest is directly or
12 indirectly beneficially owned, whether through rights,
13 options, convertible interests, or otherwise, controlled, or
14 held with power to vote by the insurance company;
15 3. Any person directly or indirectly controlling,
16 controlled by, or under common control with the insurance
17 company;
18 4. A partnership in which the insurance company is a
19 general partner; or
20 5. Any person who is a principal, director, employee,
21 or agent of the insurance company or an immediate family
22 member of the principal, director, employee, or agent.
23 (b) "Certified capital" means an investment of cash by
24 a certified investor in a certified capital company which
25 fully funds the purchase price of either or both its equity
26 interest in the certified capital company or a qualified debt
27 instrument issued by the certified capital company.
28 (c) "Certified capital company" means a corporation,
29 partnership, or limited liability company which:
30 1. Is certified by the department in accordance with
31 this act.
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1 2. Receives investments of certified capital.
2 3. Makes qualified investments as its primary
3 activity.
4 (d) "Certified investor" means any insurance company
5 subject to premium tax liability pursuant to s. 624.509 that
6 contributes certified capital.
7 (e) "Department" means the Department of Banking and
8 Finance.
9 (f) "Director" means the director of the Office of
10 Tourism, Trade, and Economic Development.
11 (g) "Early stage technology business" means a
12 qualified business that is involved, at the time of the
13 certified capital company's initial investment in such
14 business, in activities related to developing initial product
15 or service offerings, such as prototype development or the
16 establishment of initial production or service processes. The
17 term includes a qualified business that is less than 2 years
18 old and has, together with its affiliates, less than $3
19 million in annual revenues for the fiscal year immediately
20 preceding the initial investment by the certified capital
21 company on a consolidated basis, as determined in accordance
22 with generally accepted accounting principles.
23 (h) "Office" means the Office of Tourism, Trade, and
24 Economic Development.
25 (i) "Premium tax liability" means any liability
26 incurred by an insurance company under the provisions of s.
27 624.509.
28 (j) "Principal" means an executive officer of a
29 corporation, partner of a partnership, manager of a limited
30 liability company, or any other person with equivalent
31 executive functions.
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1 (k) "Qualified business" means a business that meets
2 the following conditions:
3 1. The business is headquartered in this state and its
4 principal business operations are located in this state.
5 2. At the time a certified capital company makes an
6 initial investment in a business, the business is a small
7 business concern as defined in 13 C.F.R. s. 121.201, "Size
8 Standards Used to Define Small Business Concerns" of the
9 United States Small Business Administration which is involved
10 in manufacturing, processing or assembling products,
11 conducting research and development, or providing services.
12 3. At the time a certified capital company makes an
13 initial investment in a business, the business certifies in an
14 affidavit that:
15 a. The business is unable to obtain conventional
16 financing, which means that the business has failed in an
17 attempt to obtain funding for a loan from a bank or other
18 commercial lender or that the business cannot reasonably be
19 expected to qualify for such financing under the standards of
20 commercial lending;
21 b. The business plan for the business projects that
22 the business is reasonably expected to achieve in excess of
23 $25 million in sales revenue within 5 years after the initial
24 investment, or the business is located in a designated Front
25 Porch community, enterprise zone, urban high crime area, rural
26 job tax credit county, or nationally recognized historic
27 district;
28 c. The business will maintain its headquarters in this
29 state for the next 10 years and any new manufacturing facility
30 financed by a qualified investment will remain in this state
31 for the next 10 years, or the business is located in a
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1 designated Front Porch community, enterprise zone, urban high
2 crime area, rural job tax credit county, or nationally
3 recognized historic district; and
4 d. The business has fewer than 200 employees and at
5 least 75 percent of the employees are employed in this state.
6
7 A business predominantly engaged in retail sales, real estate
8 development, insurance, banking, lending, oil and gas
9 exploration, or engaged in professional services provided by
10 accountants, lawyers, or physicians does not constitute a
11 qualified business.
12 (l) "Qualified debt instrument" means a debt
13 instrument, or a hybrid of a debt instrument, issued by a
14 certified capital company, at par value or a premium, with an
15 original maturity date of at least 5 years after the date of
16 issuance, a repayment schedule which is no faster than a level
17 principal amortization over a 5-year period, and interest,
18 distribution, or payment features which are not related to the
19 profitability of the certified capital company or the
20 performance of the certified capital company's investment
21 portfolio.
22 (m) "Qualified distribution" means any distribution or
23 payment to equity holders of a certified capital company for:
24 1. Costs and expenses of forming, syndicating,
25 managing, and operating the certified capital company,
26 including an annual management fee in an amount that does not
27 exceed 2.5 percent of the certified capital of the certified
28 capital company, plus reasonable and necessary fees in
29 accordance with industry custom for professional services,
30 including, but not limited to, legal and accounting services,
31 related to the operation of the certified capital company.
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1 2. Any projected increase in federal or state taxes,
2 including penalties and interest related to state and federal
3 income taxes, of the equity owners of a certified capital
4 company resulting from the earnings or other tax liability of
5 the certified capital company to the extent that the increase
6 is related to the ownership, management, or operation of a
7 certified capital company.
8 (n) "Qualified investment" means the investment of
9 cash by a certified capital company in a qualified business
10 for the purchase of any debt, equity, or hybrid security of
11 any nature and description whatsoever, including a debt
12 instrument or security which has the characteristics of debt
13 but which provides for conversion into equity or equity
14 participation instruments such as options or warrants.
15 (6) PREMIUM TAX CREDIT; AMOUNT; LIMITATIONS.--
16 (a) Any certified investor who makes an investment of
17 certified capital shall earn a vested credit against premium
18 tax liability equal to 100 percent of the certified capital
19 invested by the certified investor. Certified investors shall
20 be entitled to use no more than 10 percentage points of the
21 vested premium tax credit, including any carryforward credits
22 under this act, per year beginning with premium tax filings
23 for calendar year 2000. Any premium tax credits not used by
24 certified investors in any single year may be carried forward
25 and applied against the premium tax liabilities of such
26 investors for subsequent calendar years. The carryforward
27 credit may be applied against subsequent premium tax filings
28 through calendar year 2017.
29 (b) The credit to be applied against premium tax
30 liability in any single year may not exceed the premium tax
31 liability of the certified investor for that taxable year.
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1 (c) A certified investor claiming a credit against
2 premium tax liability earned through an investment in a
3 certified capital company shall not be required to pay any
4 additional retaliatory tax levied pursuant to s. 624.5091 as a
5 result of claiming such credit. Because credits under this
6 section are available to a certified investor, s. 624.5091
7 does not limit such credit in any manner.
8 (d) The amount of tax credits vested under the
9 Certified Capital Company Act shall not be considered in
10 ratemaking proceedings involving a certified investor.
11 (11) TRANSFERABILITY.--The claim of a transferee of a
12 certified investor's unused premium tax credit shall be
13 permitted in the same manner and subject to the same
14 provisions and limitations of this act as the original
15 certified investor. The term "transferee" means any person
16 who:
17 (a) Through the voluntary sale, assignment, or other
18 transfer of the business or control of the business of the
19 certified investor, including the sale or other transfer of
20 stock or assets by merger, consolidation, or dissolution,
21 succeeds to all or substantially all of the business and
22 property of the certified investor;
23 (b) Becomes by operation of law or otherwise the
24 parent company of the certified investor; or
25 (c) Directly or indirectly owns, whether through
26 rights, options, convertible interests, or otherwise,
27 controls, or holds power to vote 10 percent or more of the
28 outstanding voting securities or other ownership interest of
29 the certified investor;.
30 (d) Is a subsidiary of the certified investor or 10
31 percent or more of whose outstanding voting securities or
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1 other ownership interest are directly or indirectly owned,
2 whether through rights, options, convertible interests, or
3 otherwise, by the certified investor; or
4 (e) Directly or indirectly controls, is controlled by,
5 or is under the common control with the certified investor.
6 Section 27. Subsection (2) of section 220.191, Florida
7 Statutes, 1998 Supplement, is amended to read:
8 220.191 Capital investment tax credit.--
9 (2) An annual credit against the tax imposed by this
10 chapter shall be granted to any qualifying business in an
11 amount equal to 5 percent of the eligible capital costs
12 generated by a qualifying project, for a period not to exceed
13 20 years beginning with the commencement of operations of the
14 project. The tax credit shall be granted against only the
15 corporate income tax liability or the premium tax liability
16 generated by or arising out of the qualifying project, and the
17 sum of all tax credits provided pursuant to this section shall
18 not exceed 100 percent of the eligible capital costs of the
19 project. In no event may any credit granted under this section
20 be carried forward or backward by any qualifying business with
21 respect to a subsequent or prior year. The annual tax credit
22 granted under this section shall not exceed the following
23 percentages of the annual corporate income tax liability or
24 the premium tax liability generated by or arising out of a
25 qualifying project:
26 (a) One hundred percent for a qualifying project which
27 results in a cumulative capital investment of at least $100
28 million.
29 (b) Seventy-five percent for a qualifying project
30 which results in a cumulative capital investment of at least
31 $50 million but less than $100 million.
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1 (c) Fifty percent for a qualifying project which
2 results in a cumulative capital investment of at least $25
3 million but less than $50 million.
4
5 A qualifying project which results in a cumulative capital
6 investment of less than $25 million is not eligible for the
7 capital investment tax credit. An insurance company claiming a
8 credit against premium tax liability under this program shall
9 not be required to pay any additional retaliatory tax levied
10 pursuant to s. 624.5091 as a result of claiming such credit.
11 Because credits under this section are available to an
12 insurance company, s. 624.5091 does not limit such credit in
13 any manner.
14 Section 28. Subsection (7) of section 163.3178,
15 Florida Statutes, is amended to read:
16 163.3178 Coastal management.--
17 (7) Each port listed in s. 311.09(1) and each local
18 government in the coastal area which has spoil disposal
19 responsibilities shall provide for or identify disposal sites
20 for dredged materials in the future land use and port elements
21 of the local comprehensive plan as needed to assure proper
22 long-term management of material dredged from navigation
23 channels, sufficient long-range disposal capacity,
24 environmental sensitivity and compatibility, and reasonable
25 cost and transportation. The disposal site selection criteria
26 shall be developed in consultation with navigation and inlet
27 districts and other appropriate state and federal agencies and
28 the public. For areas owned or controlled by ports listed in
29 s. 311.09(1) and proposed port expansion areas, compliance
30 with the provisions of this subsection shall be achieved
31 through comprehensive master plans prepared by each port and
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1 integrated with the appropriate local plan pursuant to
2 paragraph (2)(k).
3 Section 29. Paragraph (h) is added to subsection (1)
4 of section 163.3187, Florida Statutes, 1998 Supplement, and
5 paragraph (a) of subsection (6) of that section is amended, to
6 read:
7 163.3187 Amendment of adopted comprehensive plan.--
8 (1) Amendments to comprehensive plans adopted pursuant
9 to this part may be made not more than two times during any
10 calendar year, except:
11 (h) Any comprehensive plan amendments for port
12 transportation facilities and projects that are eligible for
13 funding by the Florida Seaport Transportation and Economic
14 Development Council pursuant to s. 311.07.
15 (6)(a) No local government may amend its comprehensive
16 plan after the date established by the state land planning
17 agency for adoption of its evaluation and appraisal report
18 unless it has submitted its report or addendum to the state
19 land planning agency as prescribed by s. 163.3191, except for
20 plan amendments described in paragraph (1)(b) or paragraph
21 (1)(h).
22 Section 30. Subsection (4) is added to section 253.77,
23 Florida Statutes, to read:
24 253.77 State lands; state agency authorization for use
25 prohibited without consent of agency in which title vested;
26 concurrent processing requirements.--
27 (4) Notwithstanding any other provision of this
28 chapter, chapter 373, or chapter 403, for activities
29 authorized by a permit or exemption pursuant to chapter 373 or
30 chapter 403, ports listed in s. 403.021(9)(b) and inland
31 navigation districts created pursuant to s. 374.975(3) shall
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Amendment No. (for drafter's use only)
1 not be required to pay any fees for activities involving the
2 use of sovereign lands, including leases, easements, or
3 consents of use, except application fees including, but not
4 limited to, those required by chapter 161, chapter 253,
5 chapter 373, or chapter 403. Further, any federal, state, or
6 local agency or political subdivision that otherwise qualifies
7 for an exemption under chapter 373 or chapter 403 shall be
8 granted a consent of use or public easement for land owned by
9 the Board of Trustees of the Internal Improvement Trust Fund
10 or any water management district upon request and legal
11 description of the affected land.
12 Section 31. Section 288.8155, Florida Statutes, is
13 amended to read:
14 (Substantial rewording of section. See
15 s. 288.8155, F.S., for present text.)
16 288.8155 International Trade Data Resource and
17 Research Center.--Enterprise Florida, Inc., and the Florida
18 Seaport Transportation and Economic Development Council shall
19 establish a comprehensive trade data resource and research
20 center to be known as the "International Trade Data Resource
21 and Research Center." The center shall be incorporated as a
22 private nonprofit corporation operated in compliance with
23 chapter 617, and shall not be a unit or entity of state
24 government.
25 (1) The center shall be governed by a board of
26 directors composed of the following members: one
27 representative appointed by Enterprise Florida, Inc., one
28 representative appointed by the Florida Seaport Transportation
29 and Economic Development Council, and one representative
30 appointed by the Office of Tourism, Trade, and Economic
31 Development.
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1 (2) In addition to all powers authorized pursuant to
2 chapter 617, the center shall have the power to:
3 (a) Develop a state-wide trade information system that
4 may include, but is not limited to, timely import and export
5 information; trade opportunities; intermodal transportation
6 information that measures cargo flow by transportation mode;
7 commodity trends; trade activity between Florida and specific
8 countries; and other information as determined by the board of
9 directors.
10 (b) Develop an Internet based electronic commerce
11 system designed to facilitate international trade in the
12 Americas.
13 (c) Provide research on trade opportunities in
14 specific countries.
15 (d) Provide any other terms and conditions required to
16 effect the intent of the Legislature to ensure the general
17 availability of trade data and research to Florida users and
18 to promote the development of a center for the purposes
19 enumerated in this section.
20 (e) Make and enter into contracts and other
21 instruments with public or private-sector entities, domestic
22 or foreign, necessary or convenient for the purpose of
23 exercising or performing its powers and functions.
24 (f) Secure funding for the programs and activities of
25 the center from federal, state, local, or private sources, and
26 enter into contracts that provide terms and conditions to
27 secure such funding.
28 (g) Charge fees for services, programs, and activities
29 developed pursuant to this section and for published
30 materials.
31 (h) Solicit, receive, hold, invest, and administer any
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1 grant, payment, or gift of funds or property and make
2 expenditures consistent with the powers granted to it.
3 (i) Acquire, enjoy, use, and dispose of patents,
4 copyrights, and trademarks and any licenses, royalties, and
5 other rights or interests thereunder or therein.
6 (3) Information produced by the center will be made
7 available to Enterprise Florida, Inc., the Florida Seaport
8 Transportation and Economic Development Council, the Office of
9 Tourism, Trade, and Economic Development, and state agencies
10 under such terms as decided by the board of directors.
11 Section 32. Section 311.14, Florida Statutes, is
12 created to read:
13 311.14 Seaport freight-mobility planning.--
14 (1) The Florida Seaport Transportation and Economic
15 Development Council, in cooperation with the Office of the
16 State Public Transportation Administrator within the
17 Department of Transportation, shall develop freight-mobility
18 and trade-corridor plans to assist in making freight-mobility
19 investments that contribute to the economic growth of the
20 state. Such plans should enhance the integration and
21 connectivity of the transportation system across and between
22 transportation modes throughout Florida for people and
23 freight.
24 (2) The Office of the State Public Transportation
25 Administrator shall act to integrate freight-mobility and
26 trade-corridor plans into the Florida Transportation Plan
27 developed pursuant to s. 339.155 and into the plans and
28 programs of metropolitan planning organizations as provided in
29 s. 339.175. The office may also provide assistance in
30 expediting the transportation permitting process relating to
31 the construction of seaport freight-mobility projects located
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1 outside the physical borders of seaports. The Department of
2 Transportation may contract, as provided in s. 334.044, with
3 any port listed in s. 311.09(1) or any such other statutorily
4 authorized seaport entity to act as an agent in the
5 construction of seaport freight-mobility projects.
6 Section 33. Subsection (6) of section 315.02, Florida
7 Statutes, is amended to read:
8 315.02 Definitions.--As used in this law, the
9 following words and terms shall have the following meanings:
10 (6) The term "port facilities" shall mean and shall
11 include harbor, shipping, and port facilities, and
12 improvements of every kind, nature, and description,
13 including, but without limitation, channels, turning basins,
14 jetties, breakwaters, public landings, wharves, docks,
15 markets, parks, recreational facilities, structures,
16 buildings, piers, storage facilities, including facilities
17 that may be used for warehouse, storage, and distribution of
18 cargo transported or to be transported through an airport or
19 port facility, public buildings and plazas, anchorages,
20 utilities, bridges, tunnels, roads, causeways, and any and all
21 property and facilities necessary or useful in connection with
22 the foregoing, and any one or more or any combination thereof
23 and any extension, addition, betterment or improvement of any
24 thereof.
25 Section 34. Paragraph (h) is added to subsection (24)
26 of section 380.06, Florida Statutes, 1998 Supplement, to read:
27 380.06 Developments of regional impact.--
28 (24) STATUTORY EXEMPTIONS.--
29 (h) Expansion to port harbors, spoil disposal sites,
30 navigation channels, turning basins, harbor berths, and other
31 related inwater harbor facilities of ports listed in s.
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Amendment No. (for drafter's use only)
1 403.021(9)(b), port transportation facilities and projects
2 listed in s. 311.07(3)(b), and intermodal transportation
3 facilities identified pursuant to s. 311.09(3) are exempt from
4 the provisions of this section when such expansions, projects,
5 or facilities are consistent with comprehensive master plans
6 that are in compliance with the provisions of s. 163.3178.
7 Section 35. Subsection (6) is added to section 15.16,
8 Florida Statutes, to read:
9 15.16 Reproduction of records; admissibility in
10 evidence; electronic receipt and transmission of records;
11 certification; acknowledgment.--
12 (6) The Secretary of State is authorized to issue
13 apostilles. The Secretary of State shall have the sole
14 authority to establish, in conformity with the laws of the
15 United States, the requirements and procedures for the
16 issuance of apostilles and may charge a fee for the issuance
17 of an apostille not to exceed $10 per apostille.
18 Section 36. Section 117.103, Florida Statutes, 1998
19 Supplement, is amended to read:
20 117.103 Certification of notary's authority by
21 Secretary of State.--A notary public is not required to record
22 his or her notary public commission in an office of a clerk of
23 the circuit court. If certification of the notary public's
24 commission is required, it must be obtained from the Secretary
25 of State. Upon the receipt of a written request, the notarized
26 document, and a fee of $10 payable to the Secretary of State,
27 the Secretary of State shall provide a certified copy of the
28 notary public's original certificate of commission which shall
29 be legally sufficient to establish the notary public's
30 authority to provide the services specifically authorized for
31 a notary public by the Florida Statutes, and shall issue a
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Amendment No. (for drafter's use only)
1 certificate of notarial authority, the contents of which shall
2 be determined by the Secretary of State and shall establish
3 for third parties the extent of the legal authority of the
4 notary public. certificate of notarial authority. Documents
5 destined for countries participating in an International
6 Treaty called the Hague Convention require an Apostille, and
7 that requirement shall be determined by the Secretary of
8 State.
9 Section 37. Section 118.10, Florida Statutes, 1998
10 Supplement, is amended to read:
11 118.10 Civil-law notary.--
12 (1) As used in this section, the term:
13 (a) "Authentic act" means an instrument executed by a
14 civil-law notary referencing this section, which includes the
15 particulars and capacities to act of the transacting party or
16 parties, a confirmation of the full text of the instrument,
17 the signatures of the party or parties or legal equivalent
18 thereof, and the signature and seal of a civil-law notary as
19 prescribed by the Florida Secretary of State.
20 (b) "Civil-law notary" means a person who is a member
21 in good standing of The Florida Bar, who has practiced law for
22 at least 5 years, and who is appointed by the Secretary of
23 State as a civil-law notary.
24 (c) "Protocol" means a registry maintained by a
25 civil-law notary in which the acts of the civil-law notary are
26 archived.
27 (2) The Secretary of State shall have the power to
28 appoint civil-law notaries and administer this section.
29 (3) A civil-law notary is authorized to issue
30 authentic acts and thereby may authenticate or certify any
31 document, transaction, event, condition, or occurrence. The
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Amendment No. (for drafter's use only)
1 contents of an authentic act and matters incorporated therein
2 shall be presumed correct. A civil-law notary may also
3 administer an oath and make a certificate thereof when it is
4 necessary for execution of any writing or document to be
5 attested, protested, or published under the seal of a notary
6 public. A civil-law notary may also take acknowledgements of
7 deeds and other instruments of writing for record, and
8 solemnize the rites of matrimony, as fully as other officers
9 of this state. A civil-law notary is not authorized to issue
10 authentic acts for use in a jurisdiction if the United States
11 Department of State has determined that the jurisdiction does
12 not have diplomatic relations with the United States or is a
13 terrorist country, or if trade with the jurisdiction is
14 prohibited under the Trading With the Enemy Act of 1917, as
15 amended, 50 U.S.C. ss. 1, et seq.
16 (4) The authentic acts, oaths and acknowledgements,
17 and solemnizations of a civil-law notary shall be recorded in
18 the civil-law notary's protocol in a manner prescribed by the
19 Secretary of State.
20 (5) The Secretary of State may adopt rules
21 prescribing:
22 (a) The form and content of authentic acts, oaths and
23 acknowledgments, solemnizations, and signatures and seals or
24 their legal equivalents for authentic acts;
25 (b) Procedures for the permanent archiving of
26 authentic acts, maintaining records of acknowledgments, oaths
27 and solemnizations, and procedures for the administration of
28 oaths and taking of acknowledgments and for solemnizations;
29 (c) The charging of reasonable fees to be retained by
30 the Secretary of State for the purpose of administering this
31 section;
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1 (d) Educational requirements and procedures for
2 testing applicants' knowledge of all matters relevant to the
3 appointment, authority, duties, or legal or ethical
4 responsibilities of a civil-law notary the effects and
5 consequences associated with authentic acts;
6 (e) Procedures for the disciplining of civil-law
7 notaries, including, but not limited to, the suspension and
8 revocation of appointments for failure to comply with the
9 requirements of chapter 118 or the rules of the Department of
10 State, for misrepresentation or fraud regarding the civil-law
11 notary's authority, the effect of the civil-law notary's
12 authentic acts, or the identities or acts of the parties to a
13 transaction; and
14 (f) Bonding or errors and omissions insurance
15 requirements, or both, for civil-law notaries; and
16 (g)(f) Other matters necessary for administering this
17 section.
18 (6) The Secretary of State shall not regulate or,
19 discipline or attempt to discipline, or establish any
20 educational requirements for any civil-law notary for, or with
21 regard to, any action or conduct that would constitute the
22 practice of law in this state, except by agreement with The
23 Florida Bar. The Secretary of State shall not establish as a
24 prerequisite to the appointment of a civil-law notary any test
25 containing any question that inquires of the applicant's
26 knowledge regarding the practice of law in the United States,
27 unless such test is offered in connection with an educational
28 program approved by The Florida Bar for continuing legal
29 education credit except by agreement with The Florida Bar.
30 (7) The powers of civil-law notaries include, but are
31 not limited to, all of the powers of a notary public under any
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Amendment No. (for drafter's use only)
1 law of this state.
2 (8) This section shall not be construed as abrogating
3 the provisions of any other act relating to notaries public,
4 attorneys, or the practice of law in this state.
5 Section 38. Section 118.12, Florida Statutes, is
6 created to read:
7 118.12 Certification of civil-law notary's authority;
8 apostilles.--If certification of a civil-law notary's
9 authority is necessary for a particular document or
10 transaction, it must be obtained from the Secretary of State.
11 Upon the receipt of a written request from a civil-law notary,
12 a copy of the document, and a fee of $10 payable to the
13 Secretary of State, the Secretary of State shall provide a
14 certification of the civil-law notary's authority which may be
15 used in support of the document submitted and any related
16 transaction. Documents destined for countries participating
17 in an International Treaty called the Hague Convention may
18 require an apostille and the Secretary of State shall, upon
19 receiving a written request from a civil-law notary, a copy of
20 the document, and a fee of $10 payable to the Secretary of
21 State, provide an apostille conforming to the requirements of
22 the Hague Convention and including such other matters as the
23 Secretary of State may establish by rule.
24 Section 39. Section 15.18, Florida Statutes, is
25 amended to read:
26 15.18 International and cultural relations.--The
27 Divisions of Cultural Affairs, Historical Resources, and
28 Library and Information Services of the Department of State
29 promote programs having substantial cultural, artistic, and
30 indirect economic significance that emphasize American
31 creativity. The Secretary of State, as the head administrator
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Amendment No. (for drafter's use only)
1 of these divisions, shall hereafter be known as "Florida's
2 Chief Cultural Officer." As this officer, the Secretary of
3 State is encouraged to initiate and develop relationships
4 between the state and foreign cultural officers, their
5 representatives, and other foreign governmental officials in
6 order to promote Florida as the center of American creativity.
7 The Secretary of State shall coordinate international
8 activities pursuant to this section with Enterprise Florida,
9 Inc., and any other organization the secretary deems
10 appropriate the Florida International Affairs Commission. For
11 the accomplishment of this purpose, the Secretary of State
12 shall have the power and authority to:
13 (1) Disseminate any information pertaining to the
14 State of Florida which promotes the state's cultural assets.
15 (2) Plan and carry out activities designed to cause
16 improved cultural and governmental programs and exchanges with
17 foreign countries.
18 (3) Plan and implement cultural and social activities
19 for visiting foreign heads of state, diplomats, dignitaries,
20 and exchange groups.
21 (4) Encourage and cooperate with other public and
22 private organizations or groups in their efforts to promote
23 the cultural advantages of Florida.
24 (5) Establish and maintain the list prescribed in s.
25 55.605(2)(g), relating to recognition of foreign money
26 judgments.
27 (6)(5) Serve as the liaison with all foreign consular
28 and ambassadorial corps, as well as international
29 organizations, that are consistent with the purposes of this
30 section.
31 (7)(6) Provide, arrange, and make expenditures for the
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Amendment No. (for drafter's use only)
1 achievement of any or all of the purposes specified in this
2 section.
3 (8)(7) Notwithstanding the provisions of part I of
4 chapter 287, promulgate rules for entering into contracts
5 which are primarily for promotional services and events, which
6 may include commodities involving a service. Such rules shall
7 include the authority to negotiate costs with the offerors of
8 such services and commodities who have been determined to be
9 qualified on the basis of technical merit, creative ability,
10 and professional competency. The rules shall only apply to the
11 expenditure of funds donated for promotional services and
12 events. Expenditures of appropriated funds shall be made only
13 in accordance with part I of chapter 287.
14 Section 40. Subsections (1) and (6) of section 55.604,
15 Florida Statutes, are amended to read:
16 55.604 Recognition and enforcement.--Except as
17 provided in s. 55.605, a foreign judgment meeting the
18 requirements of s. 55.603 is conclusive between the parties to
19 the extent that it grants or denies recovery of a sum of
20 money. Procedures for recognition and enforceability of a
21 foreign judgment shall be as follows:
22 (1) The foreign judgment shall be filed with the
23 Department of State and the clerk of the court and recorded in
24 the public records in the county or counties where enforcement
25 is sought. The filing with the Department of State shall not
26 create a lien on any property.
27 (a) At the time of the recording of a foreign
28 judgment, the judgment creditor shall make and record with the
29 clerk of the circuit court an affidavit setting forth the
30 name, social security number, if known, and last known
31 post-office address of the judgment debtor and of the judgment
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Amendment No. (for drafter's use only)
1 creditor.
2 (b) Promptly upon the recording of the foreign
3 judgment and the affidavit, the clerk shall mail notice of the
4 recording of the foreign judgment, by registered mail with
5 return receipt requested, to the judgment debtor at the
6 address given in the affidavit and shall make a note of the
7 mailing in the docket. The notice shall include the name and
8 address of the judgment creditor and of the judgment
9 creditor's attorney, if any, in this state. In addition, the
10 judgment creditor may mail a notice of the recording of the
11 judgment to the judgment debtor and may record proof of
12 mailing with the clerk. The failure of the clerk to mail
13 notice of recording will not affect the enforcement
14 proceedings if proof of mailing by the judgment creditor has
15 been recorded.
16 (6) Once an order recognizing the foreign judgment has
17 been entered by a court of this state, the order and a copy of
18 the judgment shall be filed with the Department of State and
19 may be recorded in any other county of this state without
20 further notice or proceedings, and shall be enforceable in the
21 same manner as the judgment of a court of this state.
22 Section 41. Paragraph (g) of subsection (2) of section
23 55.605, Florida Statutes, is amended to read:
24 55.605 Grounds for nonrecognition.--
25 (2) A foreign judgment need not be recognized if:
26 (g) The foreign jurisdiction where judgment was
27 rendered would not give recognition to a similar judgment
28 rendered in this state. For purposes of this paragraph, the
29 Secretary of State shall establish and maintain a list of
30 foreign jurisdictions where the condition specified in this
31 paragraph has been found to apply.
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Amendment No. (for drafter's use only)
1 Section 42. Section 257.34, Florida Statutes, is
2 created to read:
3 257.34 Florida International Archive and Repository.--
4 (1) There is created within the Division of Library
5 and Information Services of the Department of State the
6 Florida International Archive and Repository for the
7 preservation of those public records, as defined in s.
8 119.011(1), manuscripts, international judgments involving
9 disputes between domestic and foreign businesses, and all
10 other public matters that the department or the Florida
11 Council of International Development deems relevant to
12 international issues. It is the duty and responsibility of the
13 division to:
14 (a) Organize and administer the Florida International
15 Archive and Repository.
16 (b) Preserve and administer records that are
17 transferred to its custody; accept, arrange, and preserve
18 them, according to approved archival and repository practices;
19 and permit them, at reasonable times and under the supervision
20 of the division, to be inspected, examined, and copied. All
21 public records transferred to the custody of the division are
22 subject to the provisions of s. 119.07(1).
23 (c) Assist the records and information management
24 program in the determination of retention values for records.
25 (d) Cooperate with and assist, insofar as practicable,
26 state institutions, departments, agencies, counties,
27 municipalities, and individuals engaged in internationally
28 related activities.
29 (e) Provide a public research room where, under rules
30 established by the division, the materials in the
31 international archive and repository may be studied.
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1 (f) Conduct, promote, and encourage research in
2 international trade, government, and culture and maintain a
3 program of information, assistance, coordination, and guidance
4 for public officials, educational institutions, libraries, the
5 scholarly community, and the general public engaged in such
6 research.
7 (g) Cooperate with and, insofar as practicable, assist
8 agencies, libraries, institutions, and individuals in projects
9 concerned with internationally related issues and preserve
10 original materials relating to internationally related issues.
11 (h) Assist and cooperate with the records and
12 information management program in the training and information
13 program described in s. 257.36(1)(g).
14 (2) Any agency is authorized and empowered to turn
15 over to the division any record no longer in current official
16 use. The division may accept such record and provide for its
17 administration and preservation as provided in this section
18 and, upon acceptance, be considered the legal custodian of
19 such record. The division may direct and effect the transfer
20 to the archives of any records that are determined by the
21 division to have such historical or other value to warrant
22 their continued preservation or protection, unless the head of
23 the agency that has custody of the records certifies in
24 writing to the division that the records must be retained in
25 the agency's custody for use in the conduct of the regular
26 current business of the agency.
27 (3) Title to any record transferred to the Florida
28 International Archive and Repository, as authorized in this
29 chapter, is vested in the division.
30 (4) The division shall make certified copies under
31 seal of any record transferred to it upon the application of
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Amendment No. (for drafter's use only)
1 any person, and the certificates shall have the same force and
2 effect as if made by the agency from which the record was
3 received. The division may charge a fee for this service based
4 upon the cost of service.
5 (5) The division may establish and maintain a schedule
6 of fees for services that may include, but need not be limited
7 to, restoration of materials, storage of materials, special
8 research services, and publications.
9 (6) The division shall establish and maintain a
10 mechanism by which the information contained within the
11 Florida International Archive and Repository may be accessed
12 by computer via the World Wide Web. In doing so, the division
13 shall take whatever measures it deems appropriate to ensure
14 the validity, quality, and safety of the information being
15 accessed.
16 (7) The division shall adopt rules necessary to
17 implement this section.
18 (8) The Florida Council of International Development
19 may select materials for inclusion in the Florida
20 International Archive and Repository and shall be consulted
21 closely by the division in all matters relating to its
22 establishment and maintenance.
23 Section 43. Notwithstanding section 3 of chapter
24 89-150, section 112 of chapter 90-201, and section 53 of
25 chapter 91-5, Laws of Florida, section 288.012, Florida
26 Statutes, is not repealed but is revived, reenacted, and
27 amended to read:
28 288.012 State of Florida foreign offices.--The
29 Legislature finds that the expansion of international trade
30 and tourism is vital to the overall health and growth of the
31 economy of this state. This expansion is hampered by the lack
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Amendment No. (for drafter's use only)
1 of technical and business assistance, financial assistance,
2 and information services for businesses in this state. The
3 Legislature finds that these businesses could be assisted by
4 providing these services at State of Florida foreign offices.
5 The Legislature further finds that the accessibility and
6 provision of services at these offices can be enhanced through
7 cooperative agreements or strategic alliances between state
8 entities, local entities, foreign entities, and private
9 businesses.
10 (1) The Office of Tourism, Trade, and Economic
11 Development is authorized to:
12 (a) Establish and operate offices in foreign countries
13 for the purpose of promoting the trade and economic
14 development of the state, and promoting the gathering of trade
15 data information and research on trade opportunities in
16 specific countries.
17 (b) Enter into agreements with governmental and
18 private sector entities to establish and operate offices in
19 foreign countries containing provisions which may be in
20 conflict with general laws of the state pertaining to the
21 purchase of office space, employment of personnel, and
22 contracts for services. When agreements pursuant to this
23 section are made which set compensation in foreign currency,
24 such agreements shall be subject to the requirements of s.
25 215.425, but the purchase of foreign currency by the Office of
26 Tourism, Trade, and Economic Development to meet such
27 obligations shall be subject only to s. 216.311.
28 (c) By September 1, 1997, the Office of Tourism,
29 Trade, and Economic Development shall develop a plan for the
30 disposition of the current foreign offices and the development
31 and location of additional foreign offices. The plan shall
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Amendment No. (for drafter's use only)
1 include, but is not limited to, a determination of the level
2 of funding needed to operate the current offices and any
3 additional offices and whether any of the current offices need
4 to be closed or relocated. Enterprise Florida, Inc., the
5 Florida Tourism Commission, the Florida Ports Council, the
6 Department of State, the Department of Citrus, and the
7 Department of Agriculture shall assist the Office of Tourism,
8 Trade, and Economic Development in the preparation of the
9 plan. All parties shall cooperate on the disposition or
10 establishment of the offices and ensure that needed space,
11 technical assistance, and support services are provided to
12 such entities at such foreign offices.
13 (2) By June 30, 1998, each foreign office shall have
14 in place an operational plan approved by the participating
15 boards or other governing authority, a copy of which shall be
16 provided to the Office of Tourism, Trade, and Economic
17 Development. These operating plans shall be reviewed and
18 updated each fiscal year and shall include, at a minimum, the
19 following:
20 (a) Specific policies and procedures encompassing the
21 entire scope of the operation and management of each office.
22 (b) A comprehensive, commercial strategic plan
23 identifying marketing opportunities and industry sector
24 priorities for the foreign country or area in which a foreign
25 office is located.
26 (c) Provisions for access to information for Florida
27 businesses through the Florida Trade Data Center. Each
28 foreign office shall obtain and forward trade leads and
29 inquiries to the center on a regular basis as called for in
30 the plan pursuant to paragraph (1)(c).
31 (d) Identification of new and emerging market
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Amendment No. (for drafter's use only)
1 opportunities for Florida businesses. Each foreign office
2 shall provide the Florida Trade Data Center with a compilation
3 of foreign buyers and importers in industry sector priority
4 areas on an annual basis. In return, the Florida Trade Data
5 Center shall make available to each foreign office, and to the
6 entities identified in paragraph (1)(c), trade industry,
7 commodity, and opportunity information as specified in the
8 plan required in that paragraph. This information shall be
9 provided to the offices and the entities identified in
10 paragraph (1)(c) either free of charge or on a fee basis with
11 fees set only to recover the costs of providing the
12 information.
13 (e) Provision of access for Florida businesses to the
14 services of the Florida Trade Data Center, international trade
15 assistance services provided by state and local entities,
16 seaport and airport information, and other services identified
17 in the plan pursuant to paragraph (1)(c).
18 (f) Qualitative and quantitative performance measures
19 for each office including, but not limited to, the number of
20 businesses assisted, the number of trade leads and inquiries
21 generated, the number of foreign buyers and importers
22 contacted, and the amount and type of marketing conducted.
23 (3) By October 1 of each year, each foreign office
24 shall submit to the Office of Tourism, Trade, and Economic
25 Development a complete and detailed report on its activities
26 and accomplishments during the preceding fiscal year. In a
27 format provided by Enterprise Florida, Inc., the report must
28 set forth information on:
29 (a) The number of Florida companies assisted.
30 (b) The number of inquiries received about investment
31 opportunities in this state.
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Amendment No. (for drafter's use only)
1 (c) The number of trade leads generated.
2 (d) The number of investment projects announced.
3 (e) The estimated U.S. dollar value of sales
4 confirmations.
5 (f) The number of representation agreements.
6 (g) The number of company consultations.
7 (h) Barriers or other issues affecting the effective
8 operation of the office.
9 (i) Changes in office operations which are planned for
10 the current fiscal year.
11 (j) Marketing activities conducted.
12 (k) Strategic alliances formed with organizations in
13 the country in which the office is located.
14 (l) Activities conducted with other Florida foreign
15 offices.
16 (m) Any other information that the office believes
17 would contribute to an understanding of its activities.
18 (4)(3) The Office of Tourism, Trade, and Economic
19 Development, in connection with the establishment, operation,
20 and management of any of its offices located in a foreign
21 country, is exempt from the provisions of ss. 255.21, 255.25,
22 and 255.254 relating to leasing of buildings; ss. 283.33 and
23 283.35 relating to bids for printing; ss. 287.001-287.20
24 relating to purchasing and motor vehicles; and ss.
25 282.003-282.111 relating to communications, and from all
26 statutory provisions relating to state employment.
27 (a) The Office of Tourism, Trade, and Economic
28 Development may exercise such exemptions only upon prior
29 approval of the Governor.
30 (b) If approval for an exemption under this section is
31 granted as an integral part of a plan of operation for a
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Amendment No. (for drafter's use only)
1 specified foreign office, such action shall constitute
2 continuing authority for the Office of Tourism, Trade, and
3 Economic Development to exercise the exemption, but only in
4 the context and upon the terms originally granted. Any
5 modification of the approved plan of operation with respect to
6 an exemption contained therein must be resubmitted to the
7 Governor for his or her approval. An approval granted to
8 exercise an exemption in any other context shall be restricted
9 to the specific instance for which the exemption is to be
10 exercised.
11 (c) As used in this subsection, the term "plan of
12 operation" means the plan developed pursuant to subsection
13 (2).
14 (d) Upon final action by the Governor with respect to
15 a request to exercise the exemption authorized in this
16 subsection, the Office of Tourism, Trade, and Economic
17 Development shall report such action, along with the original
18 request and any modifications thereto, to the President of the
19 Senate and the Speaker of the House of Representatives within
20 30 days.
21 (5)(4) Where feasible and appropriate, and subject to
22 s. 288.1224(10), foreign offices established and operated
23 under this section may provide one-stop access to the economic
24 development, trade, and tourism information, services, and
25 programs of the state. Where feasible and appropriate, and
26 subject to s. 288.1224(10), such offices may also be
27 collocated with other foreign offices of the state.
28 (6)(5) The Office of Tourism, Trade, and Economic
29 Development is authorized to make and to enter into contracts
30 with Enterprise Florida, Inc., and the Florida Commission on
31 Tourism to carry out the provisions of this section. The
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Amendment No. (for drafter's use only)
1 authority, duties, and exemptions provided in this section
2 apply to Enterprise Florida, Inc., and the Florida Commission
3 on Tourism to the same degree and subject to the same
4 conditions as applied to the Office of Tourism, Trade, and
5 Economic Development. To the greatest extent possible, such
6 contracts shall include provisions for cooperative agreements
7 or strategic alliances between state entities, foreign
8 entities, local entities, and private businesses to operate
9 foreign offices.
10 Section 44. By December 31, 2001, the Legislature
11 shall review Florida's foreign offices, including, but not
12 limited to, those offices established and operated under
13 sections 288.012 and 288.1224, Florida Statutes, to determine
14 whether the state is experiencing effective international
15 trade, investment, and tourism representation through such
16 offices.
17 Section 45. Enterprise Florida, Inc., shall develop a
18 master plan for integrating public-sector and private-sector
19 international trade and reverse investment resources, in order
20 that businesses may obtain comprehensive assistance and
21 information in the most productive and efficient manner. The
22 scope of this plan shall include, but need not be limited to,
23 resources related to the provision of trade information, such
24 as trade leads and reverse investment opportunities, trade
25 counseling, and trade financing services. In developing the
26 master plan, Enterprise Florida, Inc., shall solicit the
27 participation and input of organizations providing these
28 resources, the consumers of these resources, and others who
29 have expertise and experience in international trade and
30 reverse investment. The master plan may include
31 recommendations for legislative action designed to enhance the
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Amendment No. (for drafter's use only)
1 delivery of international trade and reverse investment
2 assistance. The master plan, which Enterprise Florida, Inc.,
3 may include within the annual update or modification to the
4 strategic plan required under section 288.905, Florida
5 Statutes, must be submitted to the Legislature and the
6 Governor before January 1, 2000.
7 Section 46. Enterprise Florida, Inc., in conjunction
8 with the Office of Tourism, Trade, and Economic Development,
9 shall prepare a plan for promoting direct investment in
10 Florida by foreign businesses. This plan must assess and
11 inventory Florida's strengths as a location for foreign direct
12 investment and must include a detailed strategy for
13 capitalizing upon those strengths. In developing the plan,
14 Enterprise Florida, Inc., shall focus on businesses with site
15 selection criteria that are consistent with Florida's business
16 climate, businesses likely to facilitate the transshipment of
17 goods through Florida or to export Florida produced goods from
18 the state, and businesses that complement or correspond to
19 those industries identified as part of the sector strategy
20 approach to economic development required under s. 288.905,
21 Florida Statutes. The plan must also identify weaknesses in
22 Florida's ability to attract foreign direct investment and
23 must include a detailed strategy for addressing those
24 weaknesses. The plan may include recommendations for
25 legislative action designed to enhance Florida's ability to
26 attract foreign direct investment. In developing the plan,
27 Enterprise Florida, Inc., shall solicit the participation and
28 input of entities that have expertise and experience in
29 foreign direct investment. The plan, which Enterprise Florida,
30 Inc., may include within the annual update or modification to
31 the strategic plan required under s. 288.905, Florida
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Amendment No. (for drafter's use only)
1 Statutes, must be submitted to the Legislature and the
2 Governor before January 1, 2000.
3 Section 47. In anticipation of the day when the people
4 of Cuba are no longer denied the inalienable rights and
5 freedom that all men and women should be guaranteed,
6 Enterprise Florida, Inc., shall prepare a strategic plan
7 designed to allow Florida to capitalize on the economic
8 opportunities associated with a free Cuba. The plan should
9 recognize the historical and cultural ties between this state
10 and Cuba and should focus on building a long-term economic
11 relationship between these communities. The plan should also
12 recognize existing economic infrastructure in Florida that
13 could be applied toward trade and other business activities
14 with Cuba. The plan should identify specific preparatory steps
15 to be taken in advance of a lifting of the trade embargo with
16 Cuba. In developing this plan, Enterprise Florida, Inc., shall
17 solicit the participation and input of individuals who have
18 expertise concerning Cuba and its economy, including, but not
19 limited to, business leaders in Florida who have had previous
20 business experience in Cuba. The plan may include
21 recommendations for legislative action necessary to implement
22 the strategic plan. The plan must be submitted to the Governor
23 and Legislature before January 1, 2000.
24 Section 48. Effective June 30, 1999, section 288.1045,
25 Florida Statutes, is amended to read:
26 288.1045 Qualified defense contractor tax refund
27 program.--
28 (1) DEFINITIONS.--As used in this section:
29 (a) "Consolidation of a Department of Defense
30 contract" means the consolidation of one or more of an
31 applicant's facilities under one or more Department of Defense
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527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 contracts either from outside this state or from inside and
2 outside this state, into one or more of the applicant's
3 facilities inside this state.
4 (b) "Average wage in the area" means the average of
5 all wages and salaries in the state, the county, or in the
6 standard metropolitan area in which the business unit is
7 located.
8 (c) "Applicant" means any business entity that holds a
9 valid Department of Defense contract or any business entity
10 that is a subcontractor under a valid Department of Defense
11 contract or any business entity that holds a valid contract
12 for the reuse of a defense-related facility, including all
13 members of an affiliated group of corporations as defined in
14 s. 220.03(1)(b).
15 (d) "Office" "Division" means the Office of Tourism,
16 Trade, and Economic Development Division of Economic
17 Development of the Department of Commerce.
18 (e) "Department of Defense contract" means a
19 competitively bid Department of Defense contract or a
20 competitively bid federal agency contract issued on behalf of
21 the Department of Defense for manufacturing, assembling,
22 fabricating, research, development, or design with a duration
23 of 2 or more years, but excluding any contract to provide
24 goods, improvements to real or tangible property, or services
25 directly to or for any particular military base or
26 installation in this state.
27 (f) "New Department of Defense contract" means a
28 Department of Defense contract entered into after the date
29 application for certification as a qualified applicant is made
30 and after January 1, 1994.
31 (g) "Jobs" means full-time equivalent positions,
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Amendment No. (for drafter's use only)
1 consistent with the use of such terms by the Department of
2 Labor and Employment Security for the purpose of unemployment
3 compensation tax, resulting directly from a project in this
4 state. This number does not include temporary construction
5 jobs involved with the construction of facilities for the
6 project.
7 (h) "Nondefense production jobs" means employment
8 exclusively for activities that, directly or indirectly, are
9 unrelated to the Department of Defense.
10 (i) "Project" means any business undertaking in this
11 state under a new Department of Defense contract,
12 consolidation of a Department of Defense contract, or
13 conversion of defense production jobs over to nondefense
14 production jobs or reuse of defense-related facilities.
15 (j) "Qualified applicant" means an applicant that has
16 been approved by the director secretary to be eligible for tax
17 refunds pursuant to this section.
18 (k) "Director" "Secretary" means the director of the
19 Office of Tourism, Trade, and Economic Development Secretary
20 of Commerce.
21 (l) "Taxable year" means the same as in s.
22 220.03(1)(z).
23 (m) "Fiscal year" means the fiscal year of the state.
24 (n) "Business unit" means an employing unit, as
25 defined in s. 443.036, that is registered with the Department
26 of Labor and Employment Security for unemployment compensation
27 purposes or means a subcategory or division of an employing
28 unit that is accepted by the Department of Labor and
29 Employment Security as a reporting unit.
30 (o) "Local financial support" means funding from local
31 sources, public or private, which is paid to the Economic
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Amendment No. (for drafter's use only)
1 Development Trust Fund and which is equal to 20 percent of the
2 annual tax refund for a qualified applicant. Local financial
3 support may include excess payments made to a utility company
4 under a designated program to allow decreases in service by
5 the utility company under conditions, regardless of when
6 application is made. A qualified applicant may not provide,
7 directly or indirectly, more than 5 percent of such funding in
8 any fiscal year. The sources of such funding may not include,
9 directly or indirectly, state funds appropriated from the
10 General Revenue Fund or any state trust fund, excluding tax
11 revenues shared with local governments pursuant to law.
12 (p) "Contract for reuse of a defense-related facility"
13 means a contract with a duration of 2 or more years for the
14 use of a facility for manufacturing, assembling, fabricating,
15 research, development, or design of tangible personal
16 property, but excluding any contract to provide goods,
17 improvements to real or tangible property, or services
18 directly to or for any particular military base or
19 installation in this state. Such facility must be located
20 within a port, as defined in s. 313.21, and have been occupied
21 by a business entity that held a valid Department of Defense
22 contract or occupied by any branch of the Armed Forces of the
23 United States, within 1 year of any contract being executed
24 for the reuse of such facility. A contract for reuse of a
25 defense-related facility may not include any contract for
26 reuse of such facility for any Department of Defense contract
27 for manufacturing, assembling, fabricating, research,
28 development, or design.
29 (q) "Local financial support exemption option" means
30 the option to exercise an exemption from the local financial
31 support requirement available to any applicant whose project
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527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 is located in a county designated by the Rural Economic
2 Development Initiative, if the county commissioners of the
3 county in which the project will be located adopt a resolution
4 requesting that the applicant's project be exempt from the
5 local financial support requirement. Any applicant that
6 exercises this option is not eligible for more than 80 percent
7 of the total tax refunds allowed such applicant under this
8 section.
9 (2) GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.--
10 (a) There shall be allowed, from the Economic
11 Development Trust Fund, a refund to a qualified applicant for
12 the amount of eligible taxes certified by the director
13 secretary which were paid by such qualified applicant. The
14 total amount of refunds for all fiscal years for each
15 qualified applicant shall be determined pursuant to subsection
16 (3). The annual amount of a refund to a qualified applicant
17 shall be determined pursuant to subsection (5).
18 (b) A qualified applicant may not be qualified for any
19 project to receive more than $5,000 times the number of jobs
20 provided in the tax refund agreement pursuant to subparagraph
21 (4)(a)1. A qualified applicant may not receive refunds of more
22 than 25 percent of the total tax refunds provided in the tax
23 refund agreement pursuant to subparagraph (4)(a)1. in any
24 fiscal year, provided that no qualified applicant may receive
25 more than $2.5 million in tax refunds pursuant to this section
26 in any fiscal year.
27 (c) A qualified applicant may not receive more than
28 $7.5 million in tax refunds pursuant to this section in all
29 fiscal years.
30 (d) Contingent upon an annual appropriation by the
31 Legislature, the director secretary may approve not more than
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Amendment No. (for drafter's use only)
1 the lesser of $25 million in tax refunds than or the amount
2 appropriated to the Economic Development Trust Fund for tax
3 refunds, for a fiscal year pursuant to subsection (5) and s.
4 288.095.
5 (e) For the first 6 months of each fiscal year, the
6 director secretary shall set aside 30 percent of the amount
7 appropriated for refunds pursuant to this section by the
8 Legislature to provide tax refunds only to qualified
9 applicants who employ 500 or fewer full-time employees in this
10 state. Any unencumbered funds remaining undisbursed from this
11 set-aside at the end of the 6-month period may be used to
12 provide tax refunds for any qualified applicants pursuant to
13 this section.
14 (f) After entering into a tax refund agreement
15 pursuant to subsection (4), a qualified applicant may receive
16 refunds from the Economic Development Trust Fund for the
17 following taxes due and paid by the qualified applicant
18 beginning with the applicant's first taxable year that begins
19 after entering into the agreement:
20 1. Taxes on sales, use, and other transactions paid
21 pursuant to chapter 212.
22 2. Corporate income taxes paid pursuant to chapter
23 220.
24 3. Intangible personal property taxes paid pursuant to
25 chapter 199.
26 4. Emergency excise taxes paid pursuant to chapter
27 221.
28 5. Excise taxes paid on documents pursuant to chapter
29 201.
30 6. Ad valorem taxes paid, as defined in s.
31 220.03(1)(a) on June 1, 1996.
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527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1
2 However, a qualified applicant may not receive a tax refund
3 pursuant to this section for any amount of credit, refund, or
4 exemption granted such contractor for any of such taxes. If a
5 refund for such taxes is provided by the office Department of
6 Commerce, which taxes are subsequently adjusted by the
7 application of any credit, refund, or exemption granted to the
8 qualified applicant other than that provided in this section,
9 the qualified applicant shall reimburse the Economic
10 Development Trust Fund for the amount of such credit, refund,
11 or exemption. A qualified applicant must notify and tender
12 payment to the office Department of Commerce within 20 days
13 after receiving a credit, refund, or exemption, other than
14 that provided in this section.
15 (g) Any qualified applicant who fraudulently claims
16 this refund is liable for repayment of the refund to the
17 Economic Development Trust Fund plus a mandatory penalty of
18 200 percent of the tax refund which shall be deposited into
19 the General Revenue Fund. Any qualified applicant who
20 fraudulently claims this refund commits a felony of the third
21 degree, punishable as provided in s. 775.082, s. 775.083, or
22 s. 775.084.
23 (h) Funds made available pursuant to this section may
24 not be expended in connection with the relocation of a
25 business from one community to another community in this state
26 unless the Office of Tourism, Trade, and Economic Development
27 determines that without such relocation the business will move
28 outside this state or determines that the business has a
29 compelling economic rationale for the relocation which creates
30 additional jobs.
31 (3) APPLICATION PROCESS; REQUIREMENTS; AGENCY
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527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 DETERMINATION.--
2 (a) To apply for certification as a qualified
3 applicant pursuant to this section, an applicant must file an
4 application with the office division which satisfies the
5 requirements of paragraphs (b) and (e), paragraphs (c) and
6 (e), or paragraphs (d) and (e). An applicant may not apply for
7 certification pursuant to this section after a proposal has
8 been submitted for a new Department of Defense contract, after
9 the applicant has made the decision to consolidate an existing
10 Department of Defense contract in this state for which such
11 applicant is seeking certification, or after the applicant has
12 made the decision to convert defense production jobs to
13 nondefense production jobs for which such applicant is seeking
14 certification.
15 (b) Applications for certification based on the
16 consolidation of a Department of Defense contract or a new
17 Department of Defense contract must be submitted to the office
18 division as prescribed by the office Department of Commerce
19 and must include, but are not limited to, the following
20 information:
21 1. The applicant's federal employer identification
22 number, the applicant's Florida sales tax registration number,
23 and a notarized signature of an officer of the applicant.
24 2. The permanent location of the manufacturing,
25 assembling, fabricating, research, development, or design
26 facility in this state at which the project is or is to be
27 located.
28 3. The Department of Defense contract numbers of the
29 contract to be consolidated, the new Department of Defense
30 contract number, or the "RFP" number of a proposed Department
31 of Defense contract.
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Amendment No. (for drafter's use only)
1 4. The date the contract was executed or is expected
2 to be executed, and the date the contract is due to expire or
3 is expected to expire.
4 5. The commencement date for project operations under
5 the contract in this state.
6 6. The number of full-time equivalent jobs in this
7 state which are or will be dedicated to the project during the
8 year and the average wage of such jobs.
9 7. The total number of full-time equivalent employees
10 employed by the applicant in this state.
11 8. The percentage of the applicant's gross receipts
12 derived from Department of Defense contracts during the 5
13 taxable years immediately preceding the date the application
14 is submitted.
15 9. The amount of:
16 a. Taxes on sales, use, and other transactions paid
17 pursuant to chapter 212;
18 b. Corporate income taxes paid pursuant to chapter
19 220;
20 c. Intangible personal property taxes paid pursuant to
21 chapter 199;
22 d. Emergency excise taxes paid pursuant to chapter
23 221;
24 e. Excise taxes paid on documents pursuant to chapter
25 201; and
26 f. Ad valorem taxes paid
27
28 during the 5 fiscal years immediately preceding the date of
29 the application, and the projected amounts of such taxes to be
30 due in the 3 fiscal years immediately following the date of
31 the application.
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Amendment No. (for drafter's use only)
1 10. The estimated amount of tax refunds to be claimed
2 in each fiscal year.
3 11. A brief statement concerning the applicant's need
4 for tax refunds, and the proposed uses of such refunds by the
5 applicant.
6 12. A resolution adopted by the county commissioners
7 of the county in which the project will be located, which
8 recommends the applicant be approved as a qualified applicant,
9 and which indicates that the necessary commitments of local
10 financial support for the applicant exist. Prior to the
11 adoption of the resolution, the county commission may review
12 the proposed public or private sources of such support and
13 determine whether the proposed sources of local financial
14 support can be provided or, for any applicant whose project is
15 located in a county designated by the Rural Economic
16 Development Initiative, a resolution adopted by the county
17 commissioners of such county requesting that the applicant's
18 project be exempt from the local financial support
19 requirement.
20 13. Any additional information requested by the office
21 division.
22 (c) Applications for certification based on the
23 conversion of defense production jobs to nondefense production
24 jobs must be submitted to the office division as prescribed by
25 the office Department of Commerce and must include, but are
26 not limited to, the following information:
27 1. The applicant's federal employer identification
28 number, the applicant's Florida sales tax registration number,
29 and a notarized signature of an officer of the applicant.
30 2. The permanent location of the manufacturing,
31 assembling, fabricating, research, development, or design
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527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 facility in this state at which the project is or is to be
2 located.
3 3. The Department of Defense contract numbers of the
4 contract under which the defense production jobs will be
5 converted to nondefense production jobs.
6 4. The date the contract was executed, and the date
7 the contract is due to expire or is expected to expire, or was
8 canceled.
9 5. The commencement date for the nondefense production
10 operations in this state.
11 6. The number of full-time equivalent jobs in this
12 state which are or will be dedicated to the nondefense
13 production project during the year and the average wage of
14 such jobs.
15 7. The total number of full-time equivalent employees
16 employed by the applicant in this state.
17 8. The percentage of the applicant's gross receipts
18 derived from Department of Defense contracts during the 5
19 taxable years immediately preceding the date the application
20 is submitted.
21 9. The amount of:
22 a. Taxes on sales, use, and other transactions paid
23 pursuant to chapter 212;
24 b. Corporate income taxes paid pursuant to chapter
25 220;
26 c. Intangible personal property taxes paid pursuant to
27 chapter 199;
28 d. Emergency excise taxes paid pursuant to chapter
29 221;
30 e. Excise taxes paid on documents pursuant to chapter
31 201; and
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527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 f. Ad valorem taxes paid
2
3 during the 5 fiscal years immediately preceding the date of
4 the application, and the projected amounts of such taxes to be
5 due in the 3 fiscal years immediately following the date of
6 the application.
7 10. The estimated amount of tax refunds to be claimed
8 in each fiscal year.
9 11. A brief statement concerning the applicant's need
10 for tax refunds, and the proposed uses of such refunds by the
11 applicant.
12 12. A resolution adopted by the county commissioners
13 of the county in which the project will be located, which
14 recommends the applicant be approved as a qualified applicant,
15 and which indicates that the necessary commitments of local
16 financial support for the applicant exist. Prior to the
17 adoption of the resolution, the county commission may review
18 the proposed public or private sources of such support and
19 determine whether the proposed sources of local financial
20 support can be provided or, for any applicant whose project is
21 located in a county designated by the Rural Economic
22 Development Initiative, a resolution adopted by the county
23 commissioners of such county requesting that the applicant's
24 project be exempt from the local financial support
25 requirement.
26 13. Any additional information requested by the office
27 division.
28 (d) Applications for certification based on a contract
29 for reuse of a defense-related facility must be submitted to
30 the office division as prescribed by the office Department of
31 Commerce and must include, but are not limited to, the
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527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 following information:
2 1. The applicant's Florida sales tax registration
3 number and a notarized signature of an officer of the
4 applicant.
5 2. The permanent location of the manufacturing,
6 assembling, fabricating, research, development, or design
7 facility in this state at which the project is or is to be
8 located.
9 3. The business entity holding a valid Department of
10 Defense contract or branch of the Armed Forces of the United
11 States that previously occupied the facility, and the date
12 such entity last occupied the facility.
13 4. A copy of the contract to reuse the facility, or
14 such alternative proof as may be prescribed by the office
15 department that the applicant is seeking to contract for the
16 reuse of such facility.
17 5. The date the contract to reuse the facility was
18 executed or is expected to be executed, and the date the
19 contract is due to expire or is expected to expire.
20 6. The commencement date for project operations under
21 the contract in this state.
22 7. The number of full-time equivalent jobs in this
23 state which are or will be dedicated to the project during the
24 year and the average wage of such jobs.
25 8. The total number of full-time equivalent employees
26 employed by the applicant in this state.
27 9. The amount of:
28 a. Taxes on sales, use, and other transactions paid
29 pursuant to chapter 212.
30 b. Corporate income taxes paid pursuant to chapter
31 220.
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527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
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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527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
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 6. The reuse of a defense-related facility must result
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1 in the creation of at least 100 jobs at such facility.
2 (f) Each application meeting the requirements of
3 paragraphs (b) and (e), paragraphs (c) and (e), or paragraphs
4 (d) and (e) must be submitted to the office division for a
5 determination of eligibility. The office division shall
6 review, evaluate, and score each application based on, but not
7 limited to, the following criteria:
8 1. Expected contributions to the state strategic
9 economic development plan adopted by Enterprise Florida, Inc.,
10 taking into account the extent to which the project
11 contributes to the state's high-technology base, and the
12 long-term impact of the project and the applicant on the
13 state's economy.
14 2. The economic benefit of the jobs created or
15 retained by the project in this state, taking into account the
16 cost and average wage of each job created or retained, and the
17 potential risk to existing jobs.
18 3. The amount of capital investment to be made by the
19 applicant in this state.
20 4. The local commitment and support for the project
21 and applicant.
22 5. The impact of the project on the local community,
23 taking into account the unemployment rate for the county where
24 the project will be located.
25 6. The dependence of the local community on the
26 defense industry.
27 7. The impact of any tax refunds granted pursuant to
28 this section on the viability of the project and the
29 probability that the project will occur in this state if such
30 tax refunds are granted to the applicant, taking into account
31 the expected long-term commitment of the applicant to economic
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1 growth and employment in this state.
2 8. The length of the project, or the expected
3 long-term commitment to this state resulting from the project.
4 (g) The office division shall forward its written
5 findings and evaluation on each application meeting the
6 requirements of paragraphs (b) and (e), paragraphs (c) and
7 (e), or paragraphs (d) and (e) to the director secretary
8 within 60 calendar days of receipt of a complete application.
9 The office division shall notify each applicant when its
10 application is complete, and when the 60-day period begins. In
11 its written report to the director secretary, the office
12 division shall specifically address each of the factors
13 specified in paragraph (f), and shall make a specific
14 assessment with respect to the minimum requirements
15 established in paragraph (e). The office division shall
16 include in its report projections of the tax refund claims
17 that will be sought by the applicant in each fiscal year based
18 on the information submitted in the application.
19 (h) Within 30 days after receipt of the office's
20 division's findings and evaluation, the director secretary
21 shall enter a final order that either approves or disapproves
22 an application. The decision must be in writing and provide
23 the justifications for either approval or disapproval. If
24 appropriate, the director secretary shall enter into a written
25 agreement with the qualified applicant pursuant to subsection
26 (4).
27 (i) The director secretary may not enter any final
28 order that certifies any applicant as a qualified applicant
29 when the value of tax refunds to be included in that final
30 order exceeds the available amount of authority to enter final
31 orders as determined in s. 288.095(3) aggregate amount of tax
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1 refunds for all qualified applicants projected by the division
2 in any fiscal year exceeds the lesser of $25 million or the
3 amount appropriated for tax refunds for that fiscal year. A
4 final order that approves an application must specify the
5 maximum amount of a tax refund that is to be available to the
6 contractor in each fiscal year and the total amount of tax
7 refunds for all fiscal years.
8 (j) This section does not create a presumption that an
9 applicant should receive any tax refunds under this section.
10 (4) QUALIFIED DEFENSE CONTRACTOR TAX REFUND
11 AGREEMENT.--
12 (a) A qualified applicant shall enter into a written
13 agreement with the office department containing, but not
14 limited to, the following:
15 1. The total number of full-time equivalent jobs in
16 this state that are or will be dedicated to the qualified
17 applicant's project, the average wage of such jobs, the
18 definitions that will apply for measuring the achievement of
19 these terms during the pendency of the agreement, and a time
20 schedule or plan for when such jobs will be in place and
21 active in this state. This information must be the same as the
22 information contained in the application submitted by the
23 contractor pursuant to subsection (3).
24 2. The maximum amount of a refund that the qualified
25 applicant is eligible to receive in each fiscal year.
26 3. An agreement with the office department allowing
27 the office department to review and verify the financial and
28 personnel records of the qualified applicant to ascertain
29 whether the qualified applicant is complying with the
30 requirements of this section.
31 4. The date after which, each fiscal year, the
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Amendment No. (for drafter's use only)
1 qualified applicant may file an annual claim pursuant to
2 subsection (5).
3 5. That local financial support shall be annually
4 available and will be paid to the Economic Development Trust
5 Fund.
6 (b) Compliance with the terms and conditions of the
7 agreement is a condition precedent for receipt of tax refunds
8 each year. The failure to comply with the terms and conditions
9 of the agreement shall result in the loss of eligibility for
10 receipt of all tax refunds previously authorized pursuant to
11 this section, and the revocation of the certification as a
12 qualified applicant by the director secretary.
13 (c) The agreement shall be signed by the director
14 secretary and the authorized officer of the qualified
15 applicant.
16 (d) The agreement must contain the following legend,
17 clearly printed on its face in bold type of not less than 10
18 points:
19
20 "This agreement is neither a general obligation
21 of the State of Florida, nor is it backed by
22 the full faith and credit of the State of
23 Florida. Payment of tax refunds are conditioned
24 on and subject to specific annual
25 appropriations by the Florida Legislature of
26 funds sufficient to pay amounts authorized in
27 s. 288.1045 s. 288.104, Florida Statutes."
28
29 (5) ANNUAL CLAIM FOR REFUND FROM A QUALIFIED DEFENSE
30 CONTRACTOR.--
31 (a) Qualified applicants who have entered into a
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1 written agreement with the office department pursuant to
2 subsection (4) and who have entered into a valid new
3 Department of Defense contract, commenced the consolidation of
4 a Department of Defense contract, commenced the conversion of
5 defense production jobs to nondefense production jobs or who
6 have entered into a valid contract for reuse of a
7 defense-related facility may apply once each fiscal year to
8 the office Department of Commerce for tax refunds. The
9 application must be made on or after the date contained in the
10 agreement entered into pursuant to subsection (4) and must
11 include a notarized signature of an officer of the applicant.
12 (b) The claim for refund by the qualified applicant
13 must include a copy of all receipts pertaining to the payment
14 of taxes for which a refund is sought, and data related to
15 achieving each performance item contained in the tax refund
16 agreement pursuant to subsection (4). The amount requested as
17 a tax refund may not exceed the amount for the fiscal year in
18 the written agreement entered pursuant to subsection (4).
19 (c) A tax refund may not be approved for any qualified
20 applicant unless local financial support has been paid to the
21 Economic Development Trust Fund in that fiscal year. If the
22 local financial support is less than 20 percent of the
23 approved tax refund, the tax refund shall be reduced. The tax
24 refund paid may not exceed 5 times the local financial support
25 received. Funding from local sources includes tax abatement
26 under s. 196.1995 provided to a qualified applicant. The
27 amount of any tax refund for an applicant approved under this
28 section shall be reduced by the amount of any such tax
29 abatement, and the limitations in subsection (2) and paragraph
30 (3)(h) shall be reduced by the amount of any such tax
31 abatement. A report listing all sources of the local financial
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1 support shall be provided to the office division when such
2 support is paid to the Economic Development Trust Fund.
3 (d) The director secretary, with assistance from the
4 office division, the Department of Revenue, and the Department
5 of Labor and Employment Security, shall determine the amount
6 of the tax refund that is authorized for the qualified
7 applicant for the fiscal year in a written final order within
8 30 days after the date the claim for the annual tax refund is
9 received by the office Department of Commerce.
10 (e) The total amount of tax refunds approved by the
11 director secretary under this section in any fiscal year may
12 not exceed the amount appropriated to the Economic Development
13 Trust Fund for such purposes for the fiscal year. If the
14 Legislature does not appropriate an amount sufficient to
15 satisfy projections by the office division for tax refunds in
16 a fiscal year, the director secretary shall, not later than
17 July 15 of such year, determine the proportion of each refund
18 claim which shall be paid by dividing the amount appropriated
19 for tax refunds for the fiscal year by the projected total
20 amount of refund claims for the fiscal year. The amount of
21 each claim for a tax refund shall be multiplied by the
22 resulting quotient. If, after the payment of all such refund
23 claims, funds remain in the Economic Development Trust Fund
24 for tax refunds, the director secretary shall recalculate the
25 proportion for each refund claim and adjust the amount of each
26 claim accordingly.
27 (f) Upon approval of the tax refund pursuant to
28 paragraphs (c) and (d), the Comptroller shall issue a warrant
29 for the amount included in the final order. In the event of
30 any appeal of the final order, the Comptroller may not issue a
31 warrant for a refund to the qualified applicant until the
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1 conclusion of all appeals of the final order.
2 (g) A prorated tax refund, less a 5 percent penalty,
3 shall be approved for a qualified applicant provided all other
4 applicable requirements have been satisfied and the applicant
5 proves to the satisfaction of the director that it has
6 achieved at least 80 percent of its projected employment.
7 (6) ADMINISTRATION.--
8 (a) The office may department shall adopt rules
9 pursuant to chapter 120 for the administration of this
10 section.
11 (b) The office department may verify information
12 provided in any claim submitted for tax credits under this
13 section with regard to employment and wage levels or the
14 payment of the taxes with the appropriate agency or authority
15 including the Department of Revenue, the Department of Labor
16 and Employment Security, or any local government or authority.
17 (c) To facilitate the process of monitoring and
18 auditing applications made under this program, the office
19 department may provide a list of qualified applicants to the
20 Department of Revenue, the Department of Labor and Employment
21 Security, or to any local government or authority. The office
22 department may request the assistance of said entities with
23 respect to monitoring the payment of the taxes listed in
24 subsection (2).
25 (d) By December 1 of each year, the office department
26 shall submit a complete and detailed report to the Governor,
27 the President of the Senate, and the Speaker of the House of
28 Representatives of all tax refunds paid under this section,
29 including analyses of benefits and costs, types of projects
30 supported, employment and investment created, geographic
31 distribution of tax refunds granted, and minority business
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Amendment No. (for drafter's use only)
1 participation. The report must indicate whether the moneys
2 appropriated by the Legislature to the qualified applicant tax
3 refund program were expended in a prudent, fiducially sound
4 manner.
5 (7) EXPIRATION.--An applicant may not be certified as
6 qualified under this section after June 30, 2004 1999.
7 Section 49. Subsection (2) of section 212.097, Florida
8 Statutes, 1998 Supplement, is amended to read:
9 212.097 Urban High-Crime Area Job Tax Credit
10 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 52 through SIC 57 and SIC 59 (retail); SIC 422 (public
21 warehousing and storage); SIC 70 (hotels and other lodging
22 places); SIC 7391 (research and development); SIC 7992 (public
23 golf courses); and SIC 7996 (amusement parks). A call center
24 or similar customer service operation that services a
25 multistate market or international market is also an eligible
26 business. In addition, the Office of Tourism, Trade, and
27 Economic Development may, as part of its final budget request
28 submitted pursuant to s. 216.023, recommend additions to or
29 deletions from the list of standard industrial classifications
30 used to determine an eligible business, and the Legislature
31 may implement such recommendations. Excluded from eligible
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Amendment No. (for drafter's use only)
1 receipts are receipts from retail sales, except such receipts
2 for SIC 52 through SIC 57 and SIC 59 (retail) hotels and other
3 lodging places classified in SIC 70, public golf courses in
4 SIC 7992, and amusement parks in SIC 7996. For purposes of
5 this paragraph, the term "predominantly" means that more than
6 50 percent of the business's gross receipts from all sources
7 is generated by those activities usually provided for
8 consideration by firms in the specified standard industrial
9 classification. The determination of whether the business is
10 located in a qualified high-crime area and the tier ranking of
11 that area must be based on the date of application for the
12 credit under this section. Commonly owned and controlled
13 entities are to be considered a single business entity.
14 (b) "Qualified employee" means any employee of an
15 eligible business who performs duties in connection with the
16 operations of the business on a regular, full-time basis for
17 an average of at least 36 hours per week for at least 3 months
18 within the qualified high-crime area in which the eligible
19 business is located. An owner or partner of the eligible
20 business is not a qualified employee. The term also includes
21 an employee leased from an employee leasing company licensed
22 under chapter 468, if such employee has been continuously
23 leased to the employer for an average of at least 36 hours per
24 week for more than 6 months.
25 (c) "New business" means any eligible business first
26 beginning operation on a site in a qualified high-crime area
27 and clearly separate from any other commercial or business
28 operation of the business entity within a qualified high-crime
29 area. A business entity that operated an eligible business
30 within a qualified high-crime area within the 48 months before
31 the period provided for application by subsection (3) is not
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Amendment No. (for drafter's use only)
1 considered a new business.
2 (d) "Existing business" means any eligible business
3 that does not meet the criteria for a new business.
4 (e) "Qualified high-crime area" means an area selected
5 by the Office of Tourism, Trade, and Economic Development in
6 the following manner: every third year, the office shall rank
7 and tier those areas nominated under subsection (8), according
8 to the following prioritized criteria:
9 1. Highest arrest rates within the geographic area for
10 violent crime and for such other crimes as drug sale, drug
11 possession, prostitution, vandalism, and civil disturbances;
12 2. Highest reported crime volume and rate of specific
13 property crimes such as business and residential burglary,
14 motor vehicle theft, and vandalism;
15 3. Highest percentage of reported index crimes that
16 are violent in nature;
17 4. Highest overall index crime volume for the area;
18 and
19 5. Highest overall index crime rate for the geographic
20 area.
21
22 Tier-one areas are ranked 1 through 5 and represent the
23 highest crime areas according to this ranking. Tier-two areas
24 are ranked 6 through 10 according to this ranking. Tier-three
25 areas are ranked 11 through 15.
26 Section 50. Paragraph (a) of subsection (2) of section
27 212.098, Florida Statutes, 1998 Supplement, is amended to
28 read:
29 212.098 Rural Job Tax Credit Program.--
30 (2) As used in this section, the term:
31 (a) "Eligible business" means any sole proprietorship,
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Amendment No. (for drafter's use only)
1 firm, partnership, or corporation that is located in a
2 qualified county and is predominantly engaged in, or is
3 headquarters for a business predominantly engaged in,
4 activities usually provided for consideration by firms
5 classified within the following standard industrial
6 classifications: SIC 01 through SIC 09 (agriculture,
7 forestry, and fishing); SIC 20 through SIC 39 (manufacturing);
8 SIC 422 (public warehousing and storage); SIC 70 (hotels and
9 other lodging places); SIC 7391 (research and development);
10 SIC 7992 (public golf courses); and SIC 7996 (amusement
11 parks). A call center or similar customer service operation
12 that services a multistate market or an international market
13 is also an eligible business. In addition, the Office of
14 Tourism, Trade, and Economic Development may, as part of its
15 final budget request submitted pursuant to s. 216.023,
16 recommend additions to or deletions from the list of standard
17 industrial classifications used to determine an eligible
18 business, and the Legislature may implement such
19 recommendations. Excluded from eligible receipts are receipts
20 from retail sales, except such receipts for hotels and other
21 lodging places classified in SIC 70, public golf courses in
22 SIC 7992, and amusement parks in SIC 7996. For purposes of
23 this paragraph, the term "predominantly" means that more than
24 50 percent of the business's gross receipts from all sources
25 is generated by those activities usually provided for
26 consideration by firms in the specified standard industrial
27 classification. The determination of whether the business is
28 located in a qualified county and the tier ranking of that
29 county must be based on the date of application for the credit
30 under this section. Commonly owned and controlled entities are
31 to be considered a single business entity.
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Amendment No. (for drafter's use only)
1 Section 51. (1) There is created the Institute on
2 Urban Policy and Commerce as a Type I Institute under the
3 Board of Regents at Florida Agricultural and Mechanical
4 University to improve the quality of life in urban communities
5 through research, teaching, and outreach activities.
6 (2) The major purposes of the institute are to pursue
7 basic and applied research on urban policy issues confronting
8 the inner-city areas and neighborhoods in the state; to
9 influence the equitable allocation and stewardship of federal,
10 state, and local financial resources; to train a new
11 generation of civic leaders and university students interested
12 in approaches to community planning and design; to assist with
13 the planning, development, and capacity building of urban area
14 nonprofit organizations and government agencies; to develop
15 and maintain a database relating to inner-city areas; and to
16 support the community development efforts of inner-city areas,
17 neighborhood-based organizations, and municipal agencies.
18 (3) The institute shall research and recommend
19 strategies concerning critical issues facing the underserved
20 population in urban communities, including, but not limited
21 to, transportation and physical infrastructure; affordable
22 housing; tourism and commerce; environmental restoration; job
23 development and retention; child care; public health;
24 life-long learning; family intervention; public safety; and
25 community relations.
26 (4) The institute may establish regional urban centers
27 to be located in the inner cities of St. Petersburg, Tampa,
28 Jacksonville, Orlando, West Palm Beach, Fort Lauderdale,
29 Miami, Daytona Beach, and Pensacola to assist urban
30 communities on critical economic, social, and educational
31 problems affecting the underserved population.
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Amendment No. (for drafter's use only)
1 (5) Before January 1 of each year, the institute shall
2 submit a report of its critical findings and recommendations
3 for the prior year to the President of the Senate, the Speaker
4 of the House of Representatives, and the appropriate
5 committees of the Legislature. The report shall be titled "The
6 State of Unmet Needs in Florida's Urban Communities" and shall
7 include, but is not limited to, a recommended list of
8 resources that could be made available for revitalizing urban
9 communities; significant accomplishments and activities of the
10 institute; and recommendations concerning the expansion,
11 improvement, or termination of the institute.
12 (6) The Governor shall submit an annual report to the
13 Legislature on the unmet needs in the state's urban
14 communities.
15 Section 52. Legislative intent.--
16 (1) The Legislature finds and declares that because of
17 climate, tourism, industrialization, technological advances,
18 federal and state government policies, transportation, and
19 migration, Florida's urban communities have grown rapidly over
20 the past 40 years. This growth and prosperity, however, have
21 not been shared by Florida's rural communities, although they
22 are the stewards of the vast majority of the land and natural
23 resources. Without this land and these resources, the state's
24 growth and prosperity cannot continue. In short, successful
25 rural communities are essential to the overall success of the
26 state's economy.
27 (2) The Legislature further finds and declares that
28 many rural areas of the state are experiencing not only a lack
29 of growth, but severe and sustained economic distress. Median
30 household incomes are significantly less than the state's
31 median household income level. Job creation rates trail those
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Amendment No. (for drafter's use only)
1 in more urbanized areas. In many cases, rural counties have
2 lost jobs, which handicaps local economies and drains wealth
3 from these communities. These and other factors, including
4 government policies, amplify and compound social, health, and
5 community problems, making job creation and economic
6 development even more difficult. Moreover, the Legislature
7 finds that traditional program and service delivery is often
8 hampered by the necessarily rigid structure of the programs
9 themselves and the lack of local resources.
10 (3) It is the intent of the Legislature to provide for
11 the most efficient and effective delivery of programs of
12 assistance and support to rural communities, including the
13 use, where appropriate, of regulatory flexibility through
14 multiagency coordination and adequate funding. Therefore, the
15 Legislature determines and declares that the provisions of
16 this act fulfill an important state interest.
17 Section 53. Paragraph (a) of subsection (6) of section
18 163.3177, Florida Statutes, 1998 Supplement, is amended to
19 read:
20 163.3177 Required and optional elements of
21 comprehensive plan; studies and surveys.--
22 (6) In addition to the requirements of subsections
23 (1)-(5), the comprehensive plan shall include the following
24 elements:
25 (a) A future land use plan element designating
26 proposed future general distribution, location, and extent of
27 the uses of land for residential uses, commercial uses,
28 industry, agriculture, recreation, conservation, education,
29 public buildings and grounds, other public facilities, and
30 other categories of the public and private uses of land. The
31 future land use plan shall include standards to be followed in
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527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 the control and distribution of population densities and
2 building and structure intensities. The proposed
3 distribution, location, and extent of the various categories
4 of land use shall be shown on a land use map or map series
5 which shall be supplemented by goals, policies, and measurable
6 objectives. Each land use category shall be defined in terms
7 of the types of uses included and specific standards for the
8 density or intensity of use. The future land use plan shall
9 be based upon surveys, studies, and data regarding the area,
10 including the amount of land required to accommodate
11 anticipated growth; the projected population of the area; the
12 character of undeveloped land; the availability of public
13 services; and the need for redevelopment, including the
14 renewal of blighted areas and the elimination of nonconforming
15 uses which are inconsistent with the character of the
16 community; and, in rural communities, the need for job
17 creation, capital investment, and economic development that
18 will strengthen and diversify the community's economy. The
19 future land use plan may designate areas for future planned
20 development use involving combinations of types of uses for
21 which special regulations may be necessary to ensure
22 development in accord with the principles and standards of the
23 comprehensive plan and this act. In addition, for rural
24 communities, the amount of land designated for future planned
25 industrial use shall be based upon surveys and studies that
26 reflect the need for job creation, capital investment, and the
27 necessity to strengthen and diversify the local economies, and
28 shall not be limited solely by the projected population of the
29 rural community. The future land use plan of a county may also
30 designate areas for possible future municipal incorporation.
31 The land use maps or map series shall generally identify and
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Amendment No. (for drafter's use only)
1 depict historic district boundaries and shall designate
2 historically significant properties meriting protection. The
3 future land use element must clearly identify the land use
4 categories in which public schools are an allowable use. When
5 delineating the land use categories in which public schools
6 are an allowable use, a local government shall include in the
7 categories sufficient land proximate to residential
8 development to meet the projected needs for schools in
9 coordination with public school boards and may establish
10 differing criteria for schools of different type or size.
11 Each local government shall include lands contiguous to
12 existing school sites, to the maximum extent possible, within
13 the land use categories in which public schools are an
14 allowable use. All comprehensive plans must comply with this
15 paragraph no later than October 1, 1999, or the deadline for
16 the local government evaluation and appraisal report,
17 whichever occurs first. The failure by a local government to
18 comply with this requirement will result in the prohibition of
19 the local government's ability to amend the local
20 comprehensive plan as provided by s. 163.3187(6). An amendment
21 proposed by a local government for purposes of identifying the
22 land use categories in which public schools are an allowable
23 use is exempt from the limitation on the frequency of plan
24 amendments contained in s. 163.3187. The future land use
25 element shall include criteria which encourage the location of
26 schools proximate to urban residential areas to the extent
27 possible and shall require that the local government seek to
28 collocate public facilities, such as parks, libraries, and
29 community centers, with schools to the extent possible.
30 Section 54. Subsection (5) is added to section
31 186.502, Florida Statutes, to read:
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527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 186.502 Legislative findings; public purpose.--
2 (5) The regional planning council shall have a duty to
3 assist local governments with activities designed to promote
4 and facilitate economic development in the geographic area
5 covered by the council.
6 Section 55. Subsection (4) of section 186.504, Florida
7 Statutes, is amended to read:
8 186.504 Regional planning councils; creation;
9 membership.--
10 (4) In addition to voting members appointed pursuant
11 to paragraph (2)(c), the Governor shall appoint the following
12 ex officio nonvoting members to each regional planning
13 council:
14 (a) A representative of the Department of
15 Transportation.
16 (b) A representative of the Department of
17 Environmental Protection.
18 (c) A representative nominated by Enterprise Florida,
19 Inc., and the Office of Tourism, Trade, and Economic
20 Development of the Department of Commerce.
21 (d) A representative of the appropriate water
22 management district or districts.
23
24 The Governor may also appoint ex officio nonvoting members
25 representing appropriate metropolitan planning organizations
26 and regional water supply authorities.
27 Section 56. Subsection (25) is added to section
28 186.505, Florida Statutes, to read:
29 186.505 Regional planning councils; powers and
30 duties.--Any regional planning council created hereunder shall
31 have the following powers:
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1 (25) To use personnel, consultants, or technical or
2 professional assistants of the council to help local
3 governments within the geographic area covered by the council
4 conduct economic development activities.
5 Section 57. Subsections (1) and (3) of section
6 288.018, Florida Statutes, are amended to read:
7 288.018 Regional Rural Development Grants Program.--
8 (1) The Office of Tourism, Trade, and Economic
9 Development shall establish a matching grant program to
10 provide funding to regionally based economic development
11 organizations representing rural counties and communities for
12 the purpose of building the professional capacity of their
13 organizations. The Office of Tourism, Trade, and Economic
14 Development is authorized to approve, on an annual basis,
15 grants to such regionally based economic development
16 organizations. The maximum amount an organization may receive
17 in any year will be $35,000, or $100,000 in a rural area of
18 critical economic concern recommended by the Rural Economic
19 Development Initiative and designated by the Governor, $20,000
20 and must be matched each year by an equivalent amount of
21 nonstate resources.
22 (3) The Office of Tourism, Trade, and Economic
23 Development may expend up to $600,000 $100,000 each fiscal
24 year from funds appropriated to the Rural Community
25 Development Revolving Loan Fund for the purposes outlined in
26 this section.
27 Section 58. Subsection (2) of section 288.065, Florida
28 Statutes, is amended to read:
29 288.065 Rural Community Development Revolving Loan
30 Fund.--
31 (2) The program shall provide for long-term loans,
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1 loan guarantees, and loan loss reserves to units of local
2 governments within counties with populations of 75,000 or less
3 than 50,000, or any county that has a population of 100,000 or
4 less and is contiguous to a county with a population of 75,000
5 or less than 50,000, as determined by the most recent official
6 estimate pursuant to s. 186.901, residing in incorporated and
7 unincorporated areas of the county. Requests for loans shall
8 be made by application to the Office of Tourism, Trade, and
9 Economic Development. Loans shall be made pursuant to
10 agreements specifying the terms and conditions agreed to
11 between the local government and the Office of Tourism, Trade,
12 and Economic Development. The loans shall be the legal
13 obligations of the local government. All repayments of
14 principal and interest shall be returned to the loan fund and
15 made available for loans to other applicants. However, in a
16 rural area of critical economic concern designated by the
17 Governor, and upon approval by the Office of Tourism, Trade,
18 and Economic Development, repayments of principal and interest
19 may be retained by a unit of local government if such
20 repayments are dedicated and matched to fund regionally based
21 economic development organizations representing the rural area
22 of critical economic concern.
23 Section 59. Section 288.0655, Florida Statutes, is
24 created to read:
25 288.0655 Rural Infrastructure Fund.--
26 (1) There is created within the Office of Tourism,
27 Trade, and Economic Development the Rural Infrastructure Fund
28 to facilitate the planning, preparing, and financing of
29 infrastructure projects in rural communities which will
30 encourage job creation, capital investment, and the
31 strengthening and diversification of rural economies by
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1 promoting tourism, trade, and economic development.
2 (2)(a) Funds appropriated by the Legislature shall be
3 distributed by the office through a grant program that
4 maximizes the use of federal, local, and private resources,
5 including, but not limited to, those available under the Small
6 Cities Community Development Block Grant Program.
7 (b) To facilitate access of rural communities and
8 rural areas of critical economic concern as defined by the
9 Rural Economic Development Initiative to infrastructure
10 funding programs of the Federal Government, such as those
11 offered by the U.S. Department of Agriculture and the U.S.
12 Department of Commerce, the office may award grants to
13 applicants for such federal programs for up to 30 percent of
14 the total infrastructure project cost. Eligible projects must
15 be related to specific job-creating opportunities. Eligible
16 uses of funds shall include improvements to public
17 infrastructure for industrial or commercial sites and upgrades
18 to or development of public tourism infrastructure. Authorized
19 infrastructure may include the following public or
20 public-private partnership facilities: storm water systems;
21 telecommunications facilities; roads or other remedies to
22 transportation impediments; nature-based tourism facilities;
23 or other physical requirements necessary to facilitate
24 tourism, trade, and economic development activities in the
25 community. Authorized infrastructure may also include
26 publicly-owned self-powered nature-based tourism facilities
27 and additions to the distribution facilities of the existing
28 natural gas utility as defined in s. 366.04(3)(c), the
29 existing electric utility as defined in s. 366.02, or the
30 existing water or wastewater utility as defined in s.
31 367.021(12), or any other existing water or wastewater
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1 facility, which owns a gas or electric distribution system or
2 a water or wastewater system in this state where:
3 1. A contribution-in-aid of construction is required
4 to serve public or public-private partnership facilities under
5 the tariffs of any natural gas, electric, water or wastewater
6 utility as defined herein; and
7 2. Such utilities as defined herein are willing and
8 able to provide such service.
9 (c) To facilitate timely response and induce the
10 location or expansion of specific job creating opportunities,
11 the office may award grants for infrastructure feasibility
12 studies, design and engineering activities, or other
13 infrastructure planning and preparation activities. Authorized
14 grants shall be up to $50,000 for an employment project with a
15 business committed to create at least 100 jobs, up to $150,000
16 for an employment project with a business committed to create
17 at least 300 jobs, and up to $300,000 for a project in a rural
18 area of critical economic concern. Grants awarded under this
19 paragraph may be used in conjunction with grants awarded under
20 paragraph (b), provided that the total amount of both grants
21 does not exceed 30 percent of the total project cost. In
22 evaluating applications under this paragraph, the office shall
23 consider the extent to which the application seeks to minimize
24 administrative and consultant expenses.
25 (d) By September 1, 1999, the office shall pursue
26 execution of a memorandum of agreement with the U.S.
27 Department of Agriculture under which state funds available
28 through the Rural Infrastructure Fund may be advanced, in
29 excess of the prescribed state share, for a project that has
30 received from the department a preliminary determination of
31 eligibility for federal financial support. State funds in
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1 excess of the prescribed state share which are advanced
2 pursuant to this paragraph and the memorandum of agreement
3 shall be reimbursed when funds are awarded under an
4 application for federal funding.
5 (e) To enable local governments to access the
6 resources available pursuant to s. 403.973(16), the office may
7 award grants for surveys, feasibility studies, and other
8 activities related to the identification and preclearance
9 review of land which is suitable for preclearance review.
10 Authorized grants under this paragraph shall not exceed
11 $75,000 each, except in the case of a project in a rural area
12 of critical economic concern, in which case the grant shall
13 not exceed $300,000. Any funds awarded under this paragraph
14 must be matched at a level of 50 percent with local funds,
15 except that any funds awarded for a project in a rural area of
16 critical economic concern must be matched at a level of 33
17 percent with local funds. In evaluating applications under
18 this paragraph, the office shall consider the extent to which
19 the application seeks to minimize administrative and
20 consultant expenses.
21 (3) The office, in consultation with Enterprise
22 Florida, Inc., VISIT Florida, the Department of Environmental
23 Protection, and the Florida Fish and Wildlife Conservation
24 Commission, as appropriate, shall review applications and
25 evaluate the economic benefit of the projects and their
26 long-term viability. The office shall have final approval for
27 any grant under this section and must make a grant decision
28 within 30 days of receiving a completed application.
29 (4) By September 1, 1999, the office shall, in
30 consultation with the organizations listed in subsection (3),
31 and other organizations, develop guidelines and criteria
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1 governing submission of applications for funding, review and
2 evaluation of such applications, and approval of funding under
3 this section. The office shall consider factors including, but
4 not limited to, the project's potential for enhanced job
5 creation or increased capital investment, the demonstration of
6 local public and private commitment, the location of the
7 project in an enterprise zone, the location of the project in
8 a community development corporation service area as defined in
9 s. 290.035(2), the location of the project in a county
10 designated under s. 212.097, the unemployment rate of the
11 surrounding area, and the poverty rate of the community.
12 (5) Notwithstanding the provisions of s. 216.301,
13 funds appropriated for the purposes of this section shall not
14 be subject to reversion.
15 Section 60. Rural Economic Development Initiative.--
16 (1) The Rural Economic Development Initiative, known
17 as "REDI," is created within the Office of Tourism, Trade, and
18 Economic Development, and the participation of state and
19 regional agencies in this initiative is authorized.
20 (2) As used in this section, the term:
21 (a) "Economic distress" means conditions affecting the
22 fiscal and economic viability of a rural community, including
23 such factors as low per capita income, low per capita taxable
24 values, high unemployment, high underemployment, low weekly
25 earned wages compared to the state average, low housing values
26 compared to the state average, high percentages of the
27 population receiving public assistance, high poverty levels
28 compared to the state average, and a lack of year-round stable
29 employment opportunities.
30 (b) "Rural community" means:
31 1. A county with a population of 75,000 or less.
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1 2. A county with a population of 100,000 or less that
2 is contiguous to a county with a population of 75,000 or less.
3 3. A municipality within a county described in
4 subparagraph 1. or subparagraph 2.
5 4. An unincorporated federal enterprise community or
6 an incorporated rural city with a population of 25,000 or less
7 and an employment base focused on traditional agricultural or
8 resource-based industries, located in a county not defined as
9 rural, which has at least three or more of the economic
10 distress factors identified in paragraph (2)(a) and verified
11 by the Office of Tourism, Trade, and Economic Development.
12
13 For purposes of this paragraph, population shall be determined
14 in accordance with the most recent official estimate pursuant
15 to section 186.901, Florida Statutes.
16 (3) REDI shall be responsible for coordinating and
17 focusing the efforts and resources of state and regional
18 agencies on the problems which affect the fiscal, economic,
19 and community viability of Florida's economically distressed
20 rural communities, working with local governments,
21 community-based organizations, and private organizations that
22 have an interest in the growth and development of these
23 communities to find ways to balance environmental and growth
24 management issues with local needs.
25 (4) REDI shall review and evaluate the impact of
26 statutes and rules on rural communities and shall work to
27 minimize any adverse impact.
28 (5) REDI shall facilitate better access to state
29 resources by promoting direct access and referrals to
30 appropriate state and regional agencies and statewide
31 organizations. REDI may undertake outreach, capacity-building,
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1 and other advocacy efforts to improve conditions in rural
2 communities. These activities may include sponsorship of
3 conferences and achievement awards.
4 (6)(a) No later than August 1, 1999, the head of each
5 of the following agencies and organizations shall designate a
6 high-level staff person from within the agency or organization
7 to serve as the REDI representative for the agency or
8 organization:
9 1. The Department of Community Affairs.
10 2. The Department of Transportation.
11 3. The Department of Environmental Protection.
12 4. The Department of Agriculture and Consumer
13 Services.
14 5. The Department of State.
15 6. The Department of Health.
16 7. The Department of Children and Family Services.
17 8. The Department of Corrections.
18 9. The Department of Labor and Employment Security.
19 10. The Department of Education.
20 11. The Fish and Wildlife Conservation Commission.
21 12. Each water management district.
22 13. Enterprise Florida, Inc.
23 14. The Florida Commission on Tourism or VISIT
24 Florida.
25 15. The Florida Regional Planning Council Association.
26 16. The Florida State Rural Development Council.
27 17. The Institute of Food and Agricultural Sciences
28 (IFAS).
29
30 An alternate for each designee shall also be chosen, and the
31 names of the designees and alternates shall be sent to the
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1 director of the Office of Tourism, Trade, and Economic
2 Development.
3 (b) Each REDI representative must have comprehensive
4 knowledge of his or her agency's functions, both regulatory
5 and service in nature, and of the state's economic goals,
6 policies, and programs. This person shall be the primary point
7 of contact for his or her agency with REDI on issues and
8 projects relating to economically distressed rural communities
9 and with regard to expediting project review, shall ensure a
10 prompt effective response to problems arising with regard to
11 rural issues, and shall work closely with the other REDI
12 representatives in the identification of opportunities for
13 preferential awards of program funds and allowances and waiver
14 of program requirements when necessary to encourage and
15 facilitate long-term private capital investment and job
16 creation.
17 (c) The REDI representatives shall work with REDI in
18 the review and evaluation of statutes and rules for adverse
19 impact on rural communities and the development of alternative
20 proposals to mitigate that impact.
21 (d) Each REDI representative shall be responsible for
22 ensuring that each district office or facility of his or her
23 agency is informed about the Rural Economic Development
24 Initiative and for providing assistance throughout the agency
25 in the implementation of REDI activities.
26 (7) REDI may recommend to the Governor up to three
27 rural areas of critical economic concern. A rural area of
28 critical economic concern must be a rural community, or a
29 region composed of such, that has been adversely affected by
30 an extraordinary economic event or a natural disaster or that
31 presents a unique economic development opportunity of regional
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Amendment No. (for drafter's use only)
1 impact that will create more than 1,000 jobs over a 5-year
2 period. The Governor may by executive order designate up to
3 three rural areas of critical economic concern which will
4 establish these areas as priority assignments for REDI as well
5 as to allow the Governor, acting through REDI, to waive
6 criteria, requirements, or similar provisions of any economic
7 development incentive. Such incentives shall include, but not
8 be limited to: the Qualified Target Industry Tax Refund
9 Program under section 288.106, Florida Statutes, the Quick
10 Response Training Program under section 288.047, Florida
11 Statutes, the WAGES Quick Response Training Program under
12 section 288.047(10), Florida Statutes, transportation projects
13 under section 288.063, Florida Statutes, the brownfield
14 redevelopment bonus refund under section 288.107, Florida
15 Statutes, and the rural job tax credit program under sections
16 212.098 and 220.1895, Florida Statutes. Designation as a rural
17 area of critical economic concern under this subsection shall
18 be contingent upon the execution of a memorandum of agreement
19 among the Office of Tourism, Trade, and Economic Development,
20 the governing body of the county, and the governing bodies of
21 any municipalities to be included within a rural area of
22 critical economic concern. Such agreement shall specify the
23 terms and conditions of the designation, including, but not
24 limited to, the duties and responsibilities of the county and
25 any participating municipalities to take actions designed to
26 facilitate the retention and expansion of existing businesses
27 in the area, as well as the recruitment of new businesses to
28 the area.
29 (8) REDI shall submit a report to the Governor, the
30 President of the Senate, and the Speaker of the House of
31 Representatives each year on or before February 1 on all REDI
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1 activities. This report shall include a status report on all
2 projects currently being coordinated through REDI, the number
3 of preferential awards and allowances made pursuant to this
4 section, the dollar amount of such awards, and the names of
5 the recipients. The report shall also include a description of
6 all waivers of program requirements granted. The report shall
7 also include information as to the economic impact of the
8 projects coordinated by REDI.
9 Section 61. Florida rural economic development
10 strategy grants.--
11 (1) As used in this section, the term "rural
12 community" means:
13 (a) A county with a population of 75,000 or less.
14 (b) A county with a population of 100,000 or less that
15 is contiguous to a county with a population of 75,000 or less.
16 (c) A municipality within a county described in
17 paragraph (a) or paragraph (b).
18
19 For purposes of this subsection, population shall be
20 determined in accordance with the most recent official
21 estimate pursuant to section 186.901, Florida Statutes.
22 (2) The Office of Tourism, Trade, and Economic
23 Development may accept and administer moneys appropriated to
24 the office for providing grants to assist rural communities to
25 develop and implement strategic economic development plans.
26 (3) A rural community, an economic development
27 organization in a rural area, or a regional organization
28 representing at least one rural community or such economic
29 development organizations may apply for such grants.
30 (4) Enterprise Florida, Inc., and VISIT Florida, shall
31 establish criteria for reviewing grant applications. These
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1 criteria shall include, but are not limited to, the degree of
2 participation and commitment by the local community and the
3 application's consistency with local comprehensive plans or
4 the application's proposal to ensure such consistency. The
5 International Trade and Economic Development Board of
6 Enterprise Florida, Inc., and VISIT Florida, shall review each
7 application for a grant and shall submit annually to the
8 office for approval a list of all applications that are
9 recommended by the board and VISIT Florida, arranged in order
10 of priority. The office may approve grants only to the extent
11 that funds are appropriated for such grants by the
12 Legislature.
13 Section 62. Subsection (5) of section 378.601, Florida
14 Statutes, is amended to read:
15 378.601 Heavy minerals.--
16 (5) Any heavy mineral mining operation which annually
17 mines less than 500 acres and whose proposed consumption of
18 water is 3 million gallons per day or less shall not be
19 required to undergo development of regional impact review
20 pursuant to s. 380.06, provided permits and plan approvals
21 pursuant to either this section and part IV of chapter 373, or
22 s. 378.901, are issued. This subsection applies only in the
23 following circumstances:
24 (a) Mining is conducted in counties where the operator
25 has conducted heavy mineral mining activities prior to March
26 1, 1997; and
27 (b) The operator of the heavy mineral mining operation
28 has executed a developer agreement pursuant to s. 380.032 or
29 has received a development order under s. 380.06(15) as of
30 March 1, 1997. Lands mined pursuant to this section need not
31 be the subject of the developer agreement or development
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Amendment No. (for drafter's use only)
1 order.
2 Section 63. The Florida Fish and Wildlife Conservation
3 Commission is directed to assist the Florida Commission on
4 Tourism; the Florida Tourism Industry Marketing Corporation,
5 doing business as VISIT Florida; convention and visitor
6 bureaus; tourist development councils; economic development
7 organizations; and local governments through the provision of
8 marketing advice, technical expertise, promotional support,
9 and product development related to nature-based recreation and
10 sustainable use of natural resources. In carrying out this
11 responsibility, the Florida Fish and Wildlife Conservation
12 Commission shall focus its efforts on fostering nature-based
13 recreation in rural communities and regions encompassing rural
14 communities. As used in this section, the term "nature-based
15 recreation" means leisure activities related to the state's
16 lands, waters, and fish and wildlife resources, including, but
17 not limited to, wildlife viewing, fishing, hiking, canoeing,
18 kayaking, camping, hunting, backpacking, and nature
19 photography.
20 Section 64. Section 288.980, Florida Statutes, 1998
21 Supplement, is amended to read:
22 288.980 Military base retention; legislative intent;
23 grants program.--
24 (1)(a) It is the intent of this state to provide the
25 necessary means to assist communities with military
26 installations that would be adversely affected by federal base
27 realignment or closure actions. It is further the intent to
28 encourage communities to initiate a coordinated program of
29 response and plan of action in advance of future actions of
30 the federal Base Realignment and Closure Commission. It is
31 critical that closure-vulnerable communities develop such a
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1 program to preserve affected military installations. The
2 Legislature hereby recognizes that the state needs to
3 coordinate all efforts that can facilitate the retention of
4 all remaining military installations in the state. The
5 Legislature, therefore, declares that providing such
6 assistance to support the defense-related initiatives within
7 this section is a public purpose for which public money may be
8 used.
9 (b) The Florida Defense Alliance, an organization
10 within Enterprise Florida, is designated as the organization
11 to ensure that Florida, its resident military bases and
12 missions, and its military host communities are in competitive
13 positions as the United States continues its defense
14 realignment and downsizing. The defense alliance shall serve
15 as an overall advisory body for Enterprise Florida
16 defense-related activity. The Florida Defense Alliance shall
17 receive funding from appropriations made for that purpose
18 administered by the Office of Tourism, Trade, and Economic
19 Development.
20 (2)(a) The Office of Tourism, Trade, and Economic
21 Development is authorized to award grants from any funds
22 available to it to support activities related to the retention
23 of military installations potentially affected by federal base
24 closure or realignment.
25 (b) The term "activities" as used in this section
26 means studies, presentations, analyses, plans, and modeling.
27 Travel and costs incidental thereto, and Staff salaries, are
28 not considered an "activity" for which grant funds may be
29 awarded. Travel costs and costs incidental thereto incurred by
30 a grant recipient shall be considered an "activity" for which
31 grant funds may be awarded.
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1 (c) Except for grants issued pursuant to the Florida
2 Military Installation Reuse Planning and Marketing Grant
3 Program as described in (3)(c), the amount of any grant
4 provided to an applicant may not exceed $250,000. The Office
5 of Tourism, Trade, and Economic Development shall require that
6 an applicant:
7 1. Represent a local government with a military
8 installation or military installations that could be adversely
9 affected by federal base realignment or closure.
10 2. Agree to match at least 30 50 percent of any grant
11 awarded.
12 3. Prepare a coordinated program or plan of action
13 delineating how the eligible project will be administered and
14 accomplished.
15 4. Provide documentation describing the potential for
16 realignment or closure of a military installation located in
17 the applicant's community and the adverse impacts such
18 realignment or closure will have on the applicant's community.
19 (d) In making grant awards the office shall consider,
20 at a minimum, the following factors:
21 1. The relative value of the particular military
22 installation in terms of its importance to the local and state
23 economy relative to other military installations vulnerable to
24 closure.
25 2. The potential job displacement within the local
26 community should the military installation be closed.
27 3. The potential adverse impact on industries and
28 technologies which service the military installation.
29 (3) The Florida Economic Reinvestment Initiative is
30 established to respond to the need for this state and
31 defense-dependent communities in this state to develop
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1 alternative economic diversification strategies to lessen
2 reliance on national defense dollars in the wake of base
3 closures and reduced federal defense expenditures and the need
4 to formulate specific base reuse plans and identify any
5 specific infrastructure needed to facilitate reuse. The
6 initiative shall consist of the following three distinct grant
7 programs to be administered by the Office of Tourism, Trade,
8 and Economic Development:
9 (a) The Florida Defense Planning Grant Program,
10 through which funds shall be used to analyze the extent to
11 which the state is dependent on defense dollars and defense
12 infrastructure and prepare alternative economic development
13 strategies. The state shall work in conjunction with
14 defense-dependent communities in developing strategies and
15 approaches that will help communities make the transition from
16 a defense economy to a nondefense economy. Grant awards may
17 not exceed $250,000 $100,000 per applicant and shall be
18 available on a competitive basis.
19 (b) The Florida Defense Implementation Grant Program,
20 through which funds shall be made available to
21 defense-dependent communities to implement the diversification
22 strategies developed pursuant to paragraph (a). Eligible
23 applicants include defense-dependent counties and cities, and
24 local economic development councils located within such
25 communities. Grant awards may not exceed $100,000 per
26 applicant and shall be available on a competitive basis.
27 Awards shall be matched on a one-to-one basis.
28 (c) The Florida Military Installation Reuse Planning
29 and Marketing Grant Program, through which funds shall be used
30 to help counties, cities, and local economic development
31 councils develop and implement plans for the reuse of closed
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1 or realigned military installations, including any necessary
2 infrastructure improvements needed to facilitate reuse and
3 related marketing activities. Grant awards are limited to not
4 more than $100,000 per eligible applicant and made available
5 through a competitive process. Awards shall be matched on a
6 one-to-one basis.
7
8 Applications for grants under this subsection must include a
9 coordinated program of work or plan of action delineating how
10 the eligible project will be administered and accomplished,
11 which must include a plan for ensuring close cooperation
12 between civilian and military authorities in the conduct of
13 the funded activities and a plan for public involvement.
14 (4)(a) The Defense-Related Business Adjustment Program
15 is hereby created. The Director of the Office of Tourism,
16 Trade, and Economic Development shall coordinate the
17 development of the Defense-Related Business Adjustment
18 Program. Funds shall be available to assist defense-related
19 companies in the creation of increased commercial technology
20 development through investments in technology. Such
21 technology must have a direct impact on critical state needs
22 for the purpose of generating investment-grade technologies
23 and encouraging the partnership of the private sector and
24 government defense-related business adjustment. The following
25 areas shall receive precedence in consideration for funding
26 commercial technology development: law enforcement or
27 corrections, environmental protection, transportation,
28 education, and health care. Travel and costs incidental
29 thereto, and staff salaries, are not considered an "activity"
30 for which grant funds may be awarded.
31 (b) The office shall require that an applicant:
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Amendment No. (for drafter's use only)
1 1. Be a defense-related business that could be
2 adversely affected by federal base realignment or closure or
3 reduced defense expenditures.
4 2. Agree to match at least 50 percent of any funds
5 awarded by the department in cash or in-kind services. Such
6 match shall be directly related to activities for which the
7 funds are being sought.
8 3. Prepare a coordinated program or plan delineating
9 how the funds will be administered.
10 4. Provide documentation describing how
11 defense-related realignment or closure will adversely impact
12 defense-related companies.
13 (5) The Retention of Military Installations Program is
14 created. The Director of the Office of Tourism, Trade, and
15 Economic Development shall coordinate and implement this
16 program. The sum of $1.2 million is appropriated from the
17 General Revenue Fund for fiscal year 1999-2000 to the Office
18 of Tourism, Trade, and Economic Development to implement this
19 program for military installations located in counties with a
20 population greater than 824,000. The funds shall be used to
21 assist military installations potentially affected by federal
22 base closure or realignment in covering current operating
23 costs in an effort to retain the installation in this state.
24 An eligible military installation for this program shall
25 include a provider of simulation solutions for warfighting
26 experimentation, testing, and training which employs at least
27 500 civilian and military employees and has been operating in
28 the state for a period of more than 10 years, or a joint
29 military command in a constitutional charter county as defined
30 by s. 125.001(1).
31 (6)(5) The director may award nonfederal matching
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Amendment No. (for drafter's use only)
1 funds specifically appropriated for construction, maintenance,
2 and analysis of a Florida defense workforce database. Such
3 funds will be used to create a registry of worker skills that
4 can be used to match the worker needs of companies that are
5 relocating to this state or to assist workers in relocating to
6 other areas within this state where similar or related
7 employment is available.
8 (7) Payment of administrative expenses shall be
9 limited to no more than 10 percent of any grants issued
10 pursuant to this section.
11 (8)(6) The Office of Tourism, Trade, and Economic
12 Development shall establish guidelines to implement and carry
13 out the purpose and intent of this section.
14 Section 65. Section 230.23027, Florida Statutes, is
15 created to read:
16 230.23027 Small School District Stabilization
17 Program.--
18 (1) There is created the Small School District
19 Stabilization Program to assist school districts in rural
20 communities that document economic conditions or other
21 significant community influences that negatively impact the
22 school district. The purpose of the program is to provide
23 technical assistance and financial support to maintain the
24 stability of the educational program in the school district. A
25 rural community means a county with a population of 75,000 or
26 less; or a county with a population of 100,000 or less that is
27 contiguous to a county with a population of 75,000 or less.
28 (2) In order to participate in this program, a school
29 district must be located in a rural area of critical economic
30 concern designated by the Executive Office of the Governor,
31 and the school board must submit a resolution to the Office of
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Amendment No. (for drafter's use only)
1 Tourism, Trade, and Economic Development requesting
2 participation in the program. A rural area of critical
3 economic concern must be a rural community, or a region
4 composed of such, that has been adversely affected by an
5 extraordinary economic event or a natural disaster or that
6 presents a unique economic development concern or opportunity
7 of regional impact. The resolution must be accompanied with
8 documentation of the economic conditions in the community,
9 provide information indicating the negative impact of these
10 conditions on the school district's financial stability, and
11 the school district must participate in a best financial
12 management practices review to determine potential
13 efficiencies that could be implemented to reduce program costs
14 in the district.
15 (3) The Office of Tourism, Trade, and Economic
16 Development, in consultation with the Department of Education,
17 shall review the resolution and other information required by
18 subsection (2) and determine whether the school district is
19 eligible to participate in the program. Factors influencing
20 the office's determination may include, but are not limited
21 to, reductions in the county tax roll resulting from business
22 closures or other causes, or a reduction in student enrollment
23 due to business closures or impacts in the local economy.
24 (4) Effective July 1, 2000, and thereafter, when the
25 Office of Tourism, Trade, and Economic Development authorizes
26 a school district to participate in the program, the
27 Legislature may give priority to that district for a best
28 financial management practices review in the school district,
29 as authorized in s. 11.515, to the extent that funding is
30 provided annually for such purpose in the General
31 Appropriations Act. The scope of the review shall be as set
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527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 forth in s. 11.515.
2 (5) Effective July 1, 2000, and thereafter, the
3 Department of Education may award the school district a
4 stabilization grant intended to protect the district from
5 continued financial reductions. The amount of the grant will
6 be determined by the Department of Education and may be
7 equivalent to the amount of the decline in revenues projected
8 for the next fiscal year. In addition, the Office of Tourism,
9 Trade, and Economic Development may implement a rural economic
10 development initiative to identify the economic factors that
11 are negatively impacting the community and may consult with
12 Enterprise Florida, Inc., in developing a plan to assist the
13 county with its economic transition. The grant will be
14 available to the school district for a period of up to 5 years
15 to the extent that funding is provided for such purpose in the
16 General Appropriations Act.
17 (6) Based on the availability of funds the Office of
18 Tourism, Trade, and Economic Development or the Department of
19 Education may enter into contracts or issue grants necessary
20 to implement the program.
21 Section 66. Section 290.0069, Florida Statutes, is
22 created to read:
23 290.0069 Designation of enterprise zone pilot project
24 area.--
25 (1) The Office of Tourism, Trade, and Economic
26 Development shall designate one pilot project area within one
27 state enterprise zone. The Office of Tourism, Trade, and
28 Economic Development shall select a pilot project area by July
29 1, 1999, which meets the following qualifications:
30 (a) The area is contained within an enterprise zone
31 that is composed of one contiguous area and is placed in the
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527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 category delineated in s. 290.0065(3)(a)1.
2 (b) The local government having jurisdiction over the
3 enterprise zone grants economic development ad valorem tax
4 exemptions in the enterprise zone pursuant to s. 196.1995, and
5 electrical energy public service tax exemptions pursuant to s.
6 166.231(8).
7 (c) The local government having jurisdiction over the
8 enterprise zone has developed a plan for revitalizing the
9 pilot project area or for revitalizing an area within the
10 enterprise zone that contains the pilot project area, and has
11 committed at least $5 million to redevelop an area including
12 the pilot project area.
13 (d) The pilot project area is contiguous and is
14 limited to no more than 70 acres, or equivalent square miles,
15 to avoid a dilution of additional state assistance and
16 effectively concentrate these additional resources on
17 revitalizing the acute area of economic distress.
18 (e) The pilot project area contains a diverse cluster
19 or grouping of facilities or space for a mix of retail,
20 restaurant, or service related businesses necessary to an
21 overall revitalization of surrounding neighborhoods through
22 community involvement, investment, and enhancement of
23 employment markets.
24 (2)(a) Beginning December 1, 1999, no more than four
25 businesses located within the pilot project area are eligible
26 for a credit against any tax due for a taxable year under
27 chapters 212 and 220.
28 (b) The credit shall be computed as $5,000 times the
29 number of full-time employees of the business and $2,500 times
30 the number of part-time employees of the business. For
31 purposes of this section, a person shall be deemed to be
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527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 employed by such a business on a full-time basis if the person
2 performs duties in connection with the operations of the
3 business for an average of at least 36 hours per week each
4 month, or on a part-time basis if the person is performing
5 such duties for an average of at least 20 hours per week each
6 month throughout the year. The person must be performing such
7 duties at a business site located in the pilot project area.
8 (c) The total amount of tax credits that may be
9 granted under this section is $1 million annually. In the
10 event the Office of Tourism, Trade, and Economic Development
11 receives applications that total more than $1 million in any
12 year, the director shall prorate the amount of tax credit each
13 applicant is eligible to receive to ensure that all eligible
14 applicants receive a tax credit.
15 (d) In order to be eligible to apply to the Office of
16 Tourism, Trade, and Economic Development for tax credits under
17 this section a business must:
18 1. Have entered into a contract with the developer of
19 the diverse cluster or grouping of facilities or space located
20 in the pilot project area, governing lease of commercial space
21 in a facility.
22 2. Have commenced operations in the facility after
23 July 1, 1999, and before July 1, 2000.
24 3. Be a business predominantly engaged in activities
25 usually provided for consideration by firms classified under
26 the Standard Industrial Classification Manual Industry Number
27 5311, Industry Number 5399, or Industry Number 7832.
28 (e) All applications for the granting of the tax
29 credits allowed under this section shall require the prior
30 approval of the director of the Office of Tourism, Trade, and
31 Economic Development. The director shall establish one
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527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 submittal date each year for the receipt of applications for
2 such tax credits.
3 (f) Any business wishing to receive tax credits
4 pursuant to this section must submit an application to the
5 Office of Tourism, Trade, and Economic Development which sets
6 forth the business name and address and the number of
7 employees of the business.
8 (g) The decision of the director shall be in writing,
9 and, if approved, the application shall state the maximum
10 credits allowable to the business. A copy of the decision
11 shall be transmitted to the executive director of the
12 Department of Revenue, who shall apply such credits to the tax
13 liabilities of the business firm.
14 (h) If any credit granted pursuant to this section is
15 not fully used in any one year because of insufficient tax
16 liability on the part of the business, the unused amount may
17 be carried forward for a period not to exceed 5 years.
18 (4) The Office of Tourism, Trade, and Economic
19 Development is authorized to adopt all rules necessary to
20 administer this section, including rules for the approval or
21 disapproval of applications for tax incentives by businesses.
22 (5) The Department of Revenue shall adopt any rules
23 necessary to ensure the orderly implementation and
24 administration of this section.
25 (6) For purposes of this section, "business" and
26 "taxable year" shall have the same meaning as in s. 220.03.
27 (7) Prior to the 2004 Regular Session of the
28 Legislature, the Office of Program Policy Analysis and
29 Government Accountability shall review and evaluate the
30 effectiveness and viability of the pilot project area created
31 under this section, using the research design prescribed
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527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 pursuant to s. 290.015. The office shall specifically evaluate
2 whether relief from certain taxes induced new investment and
3 development in the area, increased the number of jobs created
4 or retained in the area, induced the renovation,
5 rehabilitation, restoration, improvement, or new construction
6 of businesses or housing within the area, and contributed to
7 the economic viability and profitability of business and
8 commerce located within the area. The office shall submit a
9 report of its findings and recommendations to the Speaker of
10 the House of Representatives and the President of the Senate
11 no later than January 15, 2004.
12 (8) This section shall stand repealed on June 30,
13 2004, and any designation made pursuant to this section shall
14 be revoked on that date.
15 Section 67. Quick Action Closing Fund.--
16 (1)(a) The Legislature finds that attracting,
17 retaining, and providing favorable conditions for the growth
18 of certain high-impact business facilities provides widespread
19 economic benefits to the public through high-quality
20 employment opportunities in such facilities and in related
21 facilities attracted to the state, through the increased tax
22 base provided by the high-impact facility and businesses in
23 related sectors, through an enhanced entrepreneurial climate
24 in the state and the resulting business and employment
25 opportunities, and through the stimulation and enhancement of
26 the state's universities and community colleges. In the global
27 economy, there exists serious and fierce international
28 competition for these facilities, and in most instances, when
29 all available resources for economic development have been
30 used, the state continues to encounter severe competitive
31 disadvantages in vying for these high-impact business
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527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 facilities.
2 (b) The Legislature therefore declares that sufficient
3 resources shall be available to respond to extraordinary
4 economic opportunities and to compete effectively for these
5 high-impact business facilities.
6 (2) There is created within the Office of Tourism,
7 Trade, and Economic Development the Quick Action Closing Fund.
8 (3)(a) Enterprise Florida, Inc., shall evaluate
9 individual proposals for high-impact business facilities and
10 forward recommendations regarding the use of moneys in the
11 fund for such facilities to the director of the Office of
12 Tourism, Trade, and Economic Development. Such evaluation and
13 recommendation must include, but need not be limited to:
14 1. A description of the type of facility, its business
15 operation, and the product or service associated with the
16 facility.
17 2. The number of full-time-equivalent jobs that will
18 be created by the facility and the total estimated average
19 annual wages of those jobs.
20 3. The cumulative amount of investment to be dedicated
21 to the facility within a specified period.
22 4. A statement of any special impacts the facility is
23 expected to stimulate in a particular business sector in the
24 state or regional economy or in the state's universities and
25 community colleges.
26 5. A statement of the role the incentive is expected
27 to play in the decision of the applicant business to locate or
28 expand in this state.
29 (b) Upon receipt of the evaluation and recommendation
30 from Enterprise Florida, Inc., the director shall recommend
31 approval or disapproval of a project for receipt of funds from
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527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 the Quick Action Closing Fund to the Governor. In recommending
2 a high-impact business facility, the director shall include
3 proposed performance conditions that the facility must meet to
4 obtain incentive funds. The Governor shall consult with the
5 President of the Senate and the Speaker of the House of
6 Representatives before giving final approval for a project.
7 The Executive Office of the Governor shall recommend approval
8 of a project and release of funds pursuant to the legislative
9 consultation and review requirements set forth in s. 216.177,
10 Florida Statutes. The recommendation must include proposed
11 performance conditions the project must meet to obtain funds.
12 (c) Upon the approval of the Governor, the director of
13 the Office of Tourism, Trade, and Economic Development and the
14 high-impact business shall enter into a contract that sets
15 forth the conditions for payment of moneys from the fund. The
16 contract must include the total amount of funds awarded; the
17 performance conditions that must be met to obtain the award,
18 including, but not limited to, net new employment in the
19 state, average salary, and total capital investment; the
20 methodology for validating performance; and the schedule of
21 payments from the fund.
22 Section 68. Response to economic emergencies in small
23 communities.--
24 (1) The Legislature finds that attracting, retaining,
25 and providing favorable conditions for businesses which
26 contribute to the economic health of small communities through
27 the generation of business and employment opportunities is in
28 the public interest. The Legislature recognizes that
29 conditions may exist where criteria for existing economic
30 development programs prevent some businesses from
31 participating and that existing criteria should be waived in
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 order to allow businesses which are significant employers in
2 these small communities to participate in these programs in
3 order to improve the economic health of these communities.
4 The Legislature further recognizes that the loss of an
5 industry or the inability of a significant employer to open or
6 reopen a business in a small community creates a state of
7 economic emergency within that community.
8 (2) A community is in a state of economic emergency
9 when any of the following conditions occur:
10 (a) Closure of a business which is a significant
11 employer of workers in the community.
12 (b) Closure of a business which significantly affects
13 the operations of other businesses which are significant
14 employers of workers in the community.
15 (c) A business which would be a significant employer
16 of workers in the community is unable to open or reopen due to
17 a lack of economic incentives or a business environment which
18 is not favorable to the opening or reopening of that business.
19 (d) The community experiences substantial unemployment
20 due to the closure of a major industry.
21 (3) A local government entity shall notify the
22 Governor, the Office of Tourism, Trade, and Economic
23 Development, and Enterprise Florida, Inc., when one or more of
24 the conditions specified in subsection (2) have occurred or
25 will occur if action is not taken to assist the local
26 governmental entity or the affected community.
27 (4) Upon notification that one or more of the
28 conditions described in subsection (2) exist, the Governor or
29 his or her designee shall contact the local governmental
30 entity to determine what actions have been taken by the local
31 governmental entity or the affected community to resolve the
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 economic emergency. The Governor has the authority to waive
2 the eligibility criteria of any program or activity
3 administered by the Office of Tourism, Trade, and Economic
4 Development, or Enterprise Florida, Inc., to provide economic
5 relief to the affected community by granting participation in
6 such programs or activities. The Governor shall consult with
7 the President of the Senate and the Speaker of the House of
8 Representatives and shall take other action, as necessary, to
9 resolve the economic emergency in the most expedient manner
10 possible. All actions taken pursuant to this section shall be
11 within current appropriations and shall have no annualized
12 impact beyond normal growth.
13 Section 69. Funds in the amount of $224,750,
14 originally assigned to the Florida First Capital Finance
15 Corporation, Inc., to administer hurricane and storm relief
16 programs and which are presently deposited in Florida First
17 Capital Finance Corporation Inc., accounts (Suntrust Bank
18 account numbers 0787000579797; 0787000579805; and
19 0787000579748) shall be returned to the State Treasury on or
20 before July 31, 1999. Once these funds are deposited in the
21 State Treasury, they are appropriated as follows:
22 (1) $122,000 to the Florida-Korea Economic Cooperation
23 Committee for expenses related to Florida's hosting of the
24 annual meeting of the Southeast United States-Korea Economic
25 Committee in the year 2000.
26 (2) $102,750 to the San Carlos Institute of Key West,
27 to enhance its facilities and pay for expenses related to its
28 newly designated affiliation with the Smithsonian Institution
29 and to enable it to offer programs and exhibits that will
30 attract more visitors and to contribute to the economic
31 development of Key West and the Florida Keys.
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 Section 70. Section 425.04, Florida Statutes, is
2 amended to read:
3 425.04 Powers.--A cooperative shall have power:
4 (1) To sue and be sued, in its corporate name;
5 (2) To have perpetual existence;
6 (3) To adopt a corporate seal and alter the same at
7 pleasure;
8 (4) To generate, manufacture, purchase, acquire,
9 accumulate and transmit electric energy, and to distribute,
10 sell, supply, and dispose of electric energy in rural areas to
11 its members, to governmental agencies and political
12 subdivisions, and to other persons not in excess of 10 percent
13 of the number of its members; to process, treat, sell, and
14 dispose of water and water rights; to purchase, construct, own
15 and operate water systems; to own and operate sanitary sewer
16 systems; and to supply water and sanitary sewer services.
17 However, no cooperative shall distribute or sell any
18 electricity, or electric energy to any person residing within
19 any town, city or area which person is receiving adequate
20 central station service or who at the time of commencing such
21 service, or offer to serve, by a cooperative, is receiving
22 adequate central station service from any utility agency,
23 privately or municipally owned individual partnership or
24 corporation;
25 (5) To make loans to persons to whom electric energy
26 is or will be supplied by the cooperative for the purpose of,
27 and otherwise to assist such person in, wiring their premises
28 and installing therein electric and plumbing fixtures,
29 appliances, apparatus and equipment of any and all kinds and
30 character, and in connection therewith, to purchase, acquire,
31 lease, sell, distribute, install and repair such electric and
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527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 plumbing fixtures, appliances, apparatus and equipment, and to
2 accept or otherwise acquire, and to sell, assign, transfer,
3 endorse, pledge, hypothecate and otherwise dispose of notes,
4 bonds and other evidences of indebtedness and any and all
5 types of security therefor;
6 (6) To make loans to persons to whom electric energy
7 is or will be supplied by the cooperative for the purpose of,
8 and otherwise to assist such persons in, constructing,
9 maintaining and operating electric refrigeration plants;
10 (7) To become a member in one or more other
11 cooperatives or corporations or to own stock therein;
12 (8) To construct, purchase, take, receive, lease as
13 lessee, or otherwise acquire, and to own, hold, use, equip,
14 maintain, and operate, and to sell, assign, transfer, convey,
15 exchange, lease as lessor, mortgage, pledge, or otherwise
16 dispose of or encumber, electric transmission and distribution
17 lines or systems, electric generating plants, electric
18 refrigeration plants, lands, buildings, structures, dams,
19 plants and equipment, and any and all kinds and classes of
20 real or personal property whatsoever, which shall be deemed
21 necessary, convenient or appropriate to accomplish the purpose
22 for which the cooperative is organized;
23 (9) To purchase or otherwise acquire; to own, hold,
24 use and exercise; and to sell, assign, transfer, convey,
25 mortgage, pledge, hypothecate, or otherwise dispose of or
26 encumber, franchises, rights, privileges, licenses,
27 rights-of-way and easement;
28 (10) To borrow money and otherwise contract
29 indebtedness; to issue notes, bonds, and other evidences of
30 indebtedness therefor; and to secure the payment thereof by
31 mortgage, pledge, deed of trust, or any other encumbrance upon
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527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 any or all of its then owned or after-acquired real or
2 personal property, assets, franchises, revenues or income;
3 (11) To construct, maintain, and operate electric
4 transmission and distribution lines along, upon, under and
5 across all public thoroughfares, including without limitation,
6 all roads, highways, streets, alleys, bridges and causeways,
7 and upon, under and across all publicly owned lands, subject,
8 however, to the requirements in respect of the use of such
9 thoroughfares and lands that are imposed by the respective
10 authorities having jurisdiction thereof upon corporations
11 constructing or operating electric transmission and
12 distribution lines or systems;
13 (12) To exercise the power of eminent domain in the
14 manner provided by the laws of this state for the exercise of
15 that power by corporations constructing or operating electric
16 transmission and distribution lines or systems;
17 (13) To conduct its business and exercise any or all
18 of its powers within or without this state;
19 (14) To adopt, amend and repeal bylaws; and
20 (15) To do and perform any and all other acts and
21 things, and to have and exercise any and all other powers
22 which may be necessary, convenient or appropriate to
23 accomplish the purpose for which the cooperative is organized.
24
25 To promote economic development, an electric cooperative may
26 provide any energy or nonenergy services to its membership.
27 Section 71. Except as otherwise provided herein, this
28 act shall take effect July 1, 1999.
29
30
31
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527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 remove from the title of the bill: the entire title
4
5 and insert in lieu thereof:
6 A bill to be entitled
7 An act relating to economic development;
8 amending s. 14.2015, F.S.; revising provisions
9 relating to the powers and duties of the Office
10 of Tourism, Trade, and Economic Development;
11 providing for the office to facilitate the
12 involvement of the Governor and Lieutenant
13 Governor in job-creating efforts; revising
14 program cross-references; deleting provisions
15 relating to the expenditure of funds for
16 general economic development grants;
17 authorizing the expenditure of certain interest
18 earnings in order to contract for the
19 administration of programs; reducing the number
20 of meetings of leaders in business, government,
21 and economic development which the office must
22 convene annually; eliminating a required report
23 on the status of certain contracts; creating
24 the Office of Urban Opportunity within the
25 Office of Tourism, Trade, and Economic
26 Development; providing for the appointment of a
27 director of the Office of Urban Opportunity;
28 prescribing the purpose of the office; amending
29 s. 288.0251, F.S.; changing authority to
30 contract for Florida's international volunteer
31 corps to the Department of State from the
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 Office of Tourism, Trade, and Economic
2 Development; amending s. 288.095, F.S.;
3 revising criteria for approval of applications
4 for tax refunds for economic development
5 purposes by the Office of Tourism, Trade, and
6 Economic Development; limiting the amount of
7 refunds that may be made in a fiscal year;
8 amending s. 288.106, F.S.; revising criteria
9 for approval of tax refunds under the
10 tax-refund program for qualified target
11 industry businesses; redefining the terms
12 "expansion of an existing business," "local
13 financial support exemption option," and "rural
14 county"; defining the term "authorized local
15 economic development agency" and "rural
16 community"; extending the refund program to
17 additional counties; revising the amount of
18 refunds; revising the time periods to which
19 certain refunds apply; revising application
20 requirements; providing requirements for waiver
21 of minimum standards; prescribing duties of the
22 office director; authorizing acceptance of the
23 value of certain land conveyed as part of the
24 required local financial support; amending s.
25 288.901, F.S.; revising the membership and
26 appointment process for the board of directors
27 of Enterprise Florida, Inc.; amending s.
28 288.9015, F.S.; specifying responsibilities for
29 Enterprise Florida, Inc., relating to rural
30 communities and distressed urban communities,
31 evaluation of the state's competitiveness, and
170
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 the needs of small and minority businesses;
2 amending s. 288.903, F.S.; revising the
3 required membership of the executive committee
4 of Enterprise Florida, Inc.; deleting certain
5 prescribed powers and duties of the president;
6 requiring a performance-based contract in order
7 to exceed certain employee compensation levels;
8 amending s. 288.904, F.S.; prescribing terms of
9 certain contracts executed by Enterprise
10 Florida, Inc.; authorizing Enterprise Florida,
11 Inc., to create and dissolve advisory
12 committees and similar organizations; requiring
13 the creation of advisory committees on
14 international business and small business;
15 prescribing the purpose and procedures of such
16 committees; providing for reimbursement of
17 expenses; amending s. 288.905, F.S.; revising
18 the duties of the board of directors of
19 Enterprise Florida, Inc.; revising the required
20 content of the board's strategic plan;
21 requiring the involvement of certain local and
22 regional economic development organizations and
23 rural and urban organizations in the policies
24 of Enterprise Florida, Inc.; revising the date
25 for a review of Enterprise Florida, Inc., by
26 the Office of Program Policy Analysis and
27 Government Accountability; removing provisions
28 relating to deposit of funds in certain
29 depositories; amending s. 288.906, F.S.;
30 revising requirements for the annual report of
31 Enterprise Florida, Inc.; expanding the audit
171
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 authority of the Auditor General to include
2 advisory committees or similar groups created
3 by Enterprise Florida, Inc.; amending ss.
4 288.9415, 288.9511, 288.9515, 288.95155,
5 288.9519, 288.9520, 288.9603, 288.9604,
6 288.9614, 288.9618, F.S.; conforming to the
7 dissolution of certain boards; repealing s.
8 288.902, F.S., which relates to the Enterprise
9 Florida Nominating Council; repealing s.
10 288.9412, F.S., which relates to the
11 International Trade and Economic Development
12 Board; repealing s. 288.9413, F.S., which
13 relates to the organization of the
14 International Trade and Economic Development
15 Board; repealing s. 288.9414, F.S., which
16 relates to the powers and authority of the
17 International Trade and Economic Development
18 Board; repealing s. 288.942, F.S., which
19 relates to the grant review panel; repealing s.
20 288.9510, F.S., which relates to legislative
21 intent on the Enterprise Florida Innovation
22 Partnership; repealing s. 288.9512, F.S., which
23 relates to the technology development board;
24 repealing s. 288.9513, F.S., which relates to
25 the organization of the technology development
26 board; repealing s. 288.9514, F.S., which
27 relates to powers and authority of the
28 technology development board; repealing s.
29 288.9516, F.S., which relates to the annual
30 report of the technology development board;
31 repealing s. 288.9611, F.S., which relates to
172
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 the capital development board; repealing s.
2 288.9612, F.S., which relates to the
3 organization of the capital development board;
4 repealing s. 288.9613, F.S., which relates to
5 the powers and authority of the capital
6 development board; repealing s. 288.9615, F.S.,
7 which relates to the annual report of the
8 capital development board; providing for the
9 continuation of certain contracts; providing
10 for the transfer of certain property;
11 authorizing Enterprise Florida, Inc., to assume
12 responsibilities of certain repealed boards;
13 directing the Division of Statutory Revision to
14 redesignate certain parts in the Florida
15 Statutes; amending s. 288.707, F.S.; directing
16 the Florida Black Business Investment Board to
17 increase access to capital for black
18 businesses; amending s. 288.709, F.S.; revising
19 the powers of the Black Business Investment
20 Board; amending s. 288.99, F.S.; revising the
21 purpose and definitions related to the
22 Certified Capital Company Act; specifying that
23 tax credits vested under the Certified Capital
24 Company Act are not to be considered in
25 ratemaking proceedings involving a certified
26 investor; redefining the term "transferee" for
27 purposes of allocating unused premium tax
28 credits; amending s. 220.191, F.S.; providing
29 that credits may be granted against premium tax
30 liability under the capital investment tax
31 credit program; specifying that an insurance
173
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 company claiming premium tax credits under such
2 program is not required to pay additional
3 retaliatory tax under s. 624.5091, F.S.;
4 amending s. 163.3178, F.S.; requiring certain
5 ports to identify certain spoil disposal sites;
6 requiring such ports to prepare comprehensive
7 master plans; amending s. 163.3187, F.S.;
8 exempting comprehensive plan amendments for
9 port transportation facilities and projects
10 from a time limitation; amending s. 253.77,
11 F.S.; exempting certain ports from paying
12 certain fees for activities involving the use
13 of sovereign lands; providing that certain
14 government agencies shall be granted a consent
15 of use or easement for certain land upon
16 request; amending s. 288.8155, F.S.; providing
17 that the International Trade Data Resource and
18 Research Center be incorporated as a private
19 nonprofit corporation, and not be a unit or
20 entity of state government; providing for the
21 creation and constitution of a board of
22 directors of the center; authorizing the center
23 to acquire patents, copyrights, and trademarks
24 on its property and publications; creating s.
25 311.14, F.S.; directing the Florida Seaport
26 Transportation and Economic Development Council
27 to develop freight-mobility and trade-corridor
28 plans; amending s. 315.02, F.S.; redefining the
29 term "port facilities" to include certain
30 storage facilities used for warehousing,
31 storage, and distribution of cargo; amending s.
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 380.06, F.S.; exempting certain port projects
2 from review as developments of regional impact;
3 amending s. 15.16, F.S.; authorizing the
4 Secretary of State to issue apostilles;
5 authorizing a fee; amending s. 117.103, F.S.;
6 providing procedures and effect relating to
7 issuance of certified copies of certificates of
8 notary public commission; amending s. 118.10,
9 F.S.; revising the definition and purposes of
10 "authentic act" governing civil-law notaries;
11 providing for a presumption of correctness of
12 matters incorporated into authentic acts;
13 authorizing civil-law notaries to authenticate
14 documents, transactions, events, conditions, or
15 occurrences; expanding the rulemaking authority
16 of the Secretary of State governing civil-law
17 notaries; authorizing the Secretary of State to
18 test the legal knowledge of a civil-law notary
19 applicant under certain circumstances; creating
20 s. 118.12, F.S.; authorizing the issuance of
21 certificates of notarial authority and
22 apostilles to civil-law notaries; amending s.
23 15.18, F.S.; providing for coordination of
24 international activities of the Department of
25 State; requiring the Secretary of State to
26 maintain lists relating to foreign money
27 judgments; amending s. 55.604, F.S.; requiring
28 that foreign judgments be filed with the
29 Secretary of State; amending s. 55.605, F.S.;
30 requiring the Secretary of State to create and
31 maintain a specified list relative to foreign
175
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 money judgments; creating s. 257.34, F.S.;
2 creating the Florida International Archive and
3 Repository; providing requirements for the
4 archive; providing for access to the archive;
5 providing for fees; providing for rules;
6 reviving, reenacting, and amending s. 288.012,
7 F.S., relating to establishment and operation
8 of foreign offices by the Office of Tourism,
9 Trade, and Economic Development; abrogating the
10 repeal of the section; requiring offices to
11 report annually on activities and
12 accomplishments; prescribing the content of the
13 reports; providing for future review of foreign
14 offices; requiring Enterprise Florida, Inc., to
15 develop a master plan for integrating
16 international trade and reverse investment
17 resources; prescribing procedures, content, and
18 a submission deadline related to the plan;
19 requiring Enterprise Florida, Inc., in
20 conjunction with the Office of Tourism, Trade,
21 and Economic Development, to prepare a plan to
22 promote foreign direct investment in Florida;
23 prescribing procedures, content, and a
24 submission deadline related to the plan;
25 requiring Enterprise Florida, Inc., to develop
26 a strategic plan that will allow Florida to
27 capitalize on the economic opportunities
28 associated with a free Cuba; amending s.
29 288.1045, F.S.; conforming the limitation on
30 the amount of tax refunds approved for payment
31 under the qualified defense contractor tax
176
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 refund program to the amount appropriated by
2 the Legislature for such refunds; correcting
3 references relating to program administration;
4 extending the expiration date for certification
5 for such refunds; amending ss. 212.097 and
6 212.098, F.S.; clarifying the definition of an
7 "eligible business" under the Urban High-Crime
8 Area Job Tax Credit Program and the Rural Job
9 Tax Credit Program; providing that certain call
10 centers or similar customer service operations
11 are eligible businesses under these programs;
12 authorizing the recommendation of additions to
13 or deletions from the list of eligible
14 businesses; providing that certain retail
15 businesses are eligible businesses under the
16 Urban High-Crime Area Job Tax Credit Program;
17 creating the Institute on Urban Policy and
18 Commerce at Florida Agricultural and Mechanical
19 University; providing its purposes and duties;
20 providing for the establishment of regional
21 urban centers; requiring annual reports by the
22 institute and the Governor; providing intent
23 with respect to rural communities; amending s.
24 163.3177, F.S.; providing requirements for the
25 future land use element of a local government
26 comprehensive plan with respect to rural areas;
27 amending s. 186.502, F.S.; providing that a
28 regional planning council shall have a duty to
29 assist local governments with economic
30 development; amending s. 186.504, F.S.;
31 providing that the ex officio, nonvoting
177
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 membership of each regional planning council
2 shall include a representative nominated by
3 Enterprise Florida, Inc., and the Office of
4 Tourism, Trade, and Economic Development;
5 amending s. 186.505, F.S.; authorizing the use
6 of regional planning council personnel,
7 consultants, or technical or professional
8 assistants to help local governments with
9 economic development activities; amending s.
10 288.018, F.S.; authorizing the Office of
11 Tourism, Trade, and Economic Development to
12 approve regional rural development grants on an
13 annual basis; increasing the maximum amount of
14 each grant award; increasing the total amount
15 that may be expended annually for such grants;
16 amending s. 288.065, F.S.; revising the
17 population criteria for local government
18 participation in the Rural Community
19 Development Revolving Loan Fund; prescribing
20 conditions under which repayments of principal
21 and interest under the Rural Community
22 Development Revolving Loan Fund may be retained
23 by a unit of local government; creating s.
24 288.0655, F.S.; creating the Rural
25 Infrastructure Fund for infrastructure projects
26 in rural communities; authorizing grants for
27 infrastructure projects and related studies;
28 requiring the development of guidelines;
29 providing that funds appropriated for such
30 infrastructure fund shall not be subject to
31 reversion; creating the Rural Economic
178
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 Development Initiative within the office and
2 providing its duties and responsibilities;
3 directing specified agencies to select a
4 representative to work with the initiative;
5 providing for the recommendation and
6 designation of rural areas of critical economic
7 concern; providing for the waiver of certain
8 economic development incentive criteria with
9 respect to such areas; requiring execution of a
10 memorandum of agreement as a condition to
11 designation as a rural area of critical
12 economic concern; providing for an annual
13 report; authorizing the Office of Tourism,
14 Trade, and Economic Development to accept and
15 administer moneys appropriated for grants to
16 assist rural communities to develop and
17 implement strategic economic development plans;
18 providing for review of grant applications;
19 amending s. 378.601, F.S.; exempting specified
20 heavy mining operations from requirements for
21 development-of-regional-impact review under
22 certain circumstances; directing the Florida
23 Fish and Wildlife Conservation Commission to
24 provide assistance related to promotion and
25 development of nature-based recreation;
26 creating s. 230.23027, F.S.; establishing the
27 Small School District Stabilization Program;
28 providing eligibility criteria; providing for
29 priority for a best financial management
30 practices review of participating districts;
31 providing for stabilization grants and other
179
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 assistance; creating s. 290.0069, F.S.;
2 directing the Office of Tourism, Trade, and
3 Economic Development to designate a pilot
4 project area within an enterprise zone;
5 providing qualifications for such area;
6 providing that certain businesses in such area
7 are eligible for credits against the tax on
8 sales, use, and other transactions and
9 corporate income tax; providing for computation
10 of such credits; providing application
11 procedures and requirements; providing
12 rulemaking authority; requiring a review and
13 report by the Office of Program Policy Analysis
14 and Government Accountability; providing for
15 future repeal and revocation of such
16 designation; amending s. 288.980, F.S.;
17 providing legislative intent; providing for the
18 role of the Florida Defense Alliance; providing
19 funding; removing a limitation on the amount of
20 a grant under the Florida Military Installation
21 Reuse Planning and Marketing Grant Program;
22 increasing a grant limitation with respect to
23 the Florida Defense Planning Grant Program;
24 reducing the amount of matching funds required
25 under certain grant programs; creating the
26 Retention of Military Installations Program;
27 providing an appropriation to implement the
28 program for military installations in certain
29 counties and providing for use of such funds;
30 providing a cap on the payment of
31 administrative expenses from certain grants;
180
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 creating the Quick Action Closing Fund within
2 the Office of Tourism, Trade, and Economic
3 Development; directing Enterprise Florida,
4 Inc., to evaluate proposals for use of funds
5 for certain business facilities and make
6 recommendations to the office; requiring
7 approval by the Governor; providing
8 requirements for recommendations for approval
9 and release of funds; providing for a contract
10 between the director of the office and an
11 approved business with respect to payment of
12 such funds; providing legislative findings with
13 respect to the economic health of small
14 communities; providing conditions for
15 determining when a state of economic emergency
16 exists in a community; providing for
17 notification by a local government entity to
18 the Governor, the office, and Enterprise
19 Florida, Inc., when such conditions exist;
20 authorizing the Governor to waive eligibility
21 criteria for certain programs or activities and
22 take other action to resolve the economic
23 emergency; providing for return of certain
24 funds in Florida First Capital Finance
25 Corporation, Inc., to the State Treasury;
26 providing appropriations from such funds to the
27 Florida-Korea Economic Cooperation Committee
28 and to the San Carlos Institute of Key West;
29 amending s. 425.04, F.S.; authorizing an
30 electric cooperative to provide any energy or
31 nonenergy services to its membership; providing
181
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HOUSE AMENDMENT
527-162AXA-05 Bill No. CS for CS for SB 1566, 1st Eng.
Amendment No. (for drafter's use only)
1 effective dates.
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