House Bill 2425
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Florida House of Representatives - 2000 HB 2425
By the Committee on Business Development & International
Trade and Representative Bradley
1 A bill to be entitled
2 An act relating to economic development;
3 amending s. 14.2015, F.S.; eliminating
4 administrative responsibility of the Office of
5 Tourism, Trade, and Economic Development for
6 the Florida Enterprise Zone Act, the community
7 contribution tax credit program, the sports
8 franchise facility program, the professional
9 golf hall of fame facility program, the
10 Regional Rural Development Grants Program, the
11 Certified Capital Company Act, and the Florida
12 State Rural Development Council; eliminating
13 authority for the Office of Tourism, Trade, and
14 Economic Development to enter into contracts in
15 connection with duties relating to the Florida
16 First Business Bond Pool, the Certified Capital
17 Company Act, and foreign offices; conforming
18 terminology; requiring a report; amending s.
19 159.8083, F.S.; providing for Enterprise
20 Florida, Inc., to recommend Florida First
21 Business projects to the Office of Tourism,
22 Trade, and Economic Development; providing for
23 consultation; amending s. 288.012, F.S.;
24 revising the authority of the Office of
25 Tourism, Trade, and Economic Development to
26 establish foreign offices; providing for the
27 office to approve the establishment and
28 operation of such offices by Enterprise
29 Florida, Inc.; providing for foreign offices to
30 submit updated operating plans and activity
31 reports; amending s. 288.018, F.S.; providing
1
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1 for Enterprise Florida, Inc., to administer the
2 Regional Rural Development Grants Program and
3 make recommendations for approval by the Office
4 of Tourism, Trade, and Economic Development;
5 amending s. 288.1162, F.S.; providing for a
6 specified direct-support organization to
7 administer the professional sports franchises
8 and spring training franchises facilities
9 programs; providing for final approval of
10 decisions under such programs by the Office of
11 Tourism, Trade, and Economic Development;
12 amending s. 288.1168, F.S.; deleting obsolete
13 provisions relating to certification of the
14 professional golf hall of fame; providing for a
15 specified direct-support organization to
16 administer that program; amending s. 288.1169,
17 F.S.; providing for a specified direct-support
18 organization to administer the certification
19 program for the International Game Fish
20 Association World Center facility; providing
21 for annual verification of attendance and sales
22 tax revenue projections; transferring,
23 renumbering, and amending s. 288.1185, F.S.;
24 assigning administrative responsibility for the
25 Recycling Markets Advisory Committee to the
26 Department of Environmental Protection;
27 amending s. 288.1251, F.S.; renaming the Office
28 of the Film Commissioner the Governor's Office
29 of Film and Entertainment; renaming the Film
30 Commissioner as the Commissioner of Film and
31 Entertainment; amending s. 288.1252, F.S.;
2
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1 renaming the Florida Film Advisory Council the
2 Florida Film and Entertainment Advisory
3 Council; amending s. 288.1253, F.S., relating
4 to travel and entertainment expenses;
5 conforming terminology; amending s. 288.901,
6 F.S.; correcting a cross reference; providing
7 that the Governor's designee may serve as
8 chairperson of the board of directors of
9 Enterprise Florida, Inc.; amending s. 288.9015,
10 F.S.; requiring Enterprise Florida, Inc., to
11 use specified programs to facilitate economic
12 development; amending s. 288.980, F.S.;
13 providing for Enterprise Florida, Inc., to
14 administer defense grant programs and make
15 recommendations to the Office of Tourism,
16 Trade, and Economic Development on approval of
17 grant awards; amending s. 288.99, F.S.;
18 assigning responsibility for ongoing
19 administration of the Certified Capital Company
20 Act to the Department of Banking and Finance;
21 amending s. 373.4149, F.S.; removing the
22 director of the Office of Tourism, Trade, and
23 Economic Development from the membership of the
24 Miami-Dade County Lake Belt Plan Implementation
25 Committee; authorizing the Institute of Food
26 and Agricultural Sciences of the University of
27 Florida to contract and receive money to
28 support the Florida State Rural Development
29 Council; amending s. 414.026, F.S.; authorizing
30 the director of the Office of Tourism, Trade,
31 and Economic Development to designate a person
3
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1 to serve on the WAGES Program State Board of
2 Directors; amending s. 212.097, F.S.; providing
3 for the Department of Community Affairs to
4 administer the Urban High-Crime Area Job Tax
5 Credit Program; amending s. 212.098, F.S.;
6 providing for the Department of Community
7 Affairs to administer the Rural Job Tax Credit
8 Program; amending s. 220.183, F.S., to conform;
9 amending s. 220.1895, F.S.; providing for the
10 Department of Community Affairs to administer
11 the Rural Job Tax Credit and Urban Job Tax
12 Credit; amending s. 624.5105, F.S.; providing
13 for the Department of Community Affairs to
14 administer the community contribution tax
15 credit; amending s. 290.0056, F.S.; conforming
16 a reporting requirement for enterprise zone
17 development agencies; amending s. 290.0058,
18 F.S.; correcting a cross reference; amending s.
19 290.0065, F.S.; providing for Enterprise
20 Florida, Inc., to administer the enterprise
21 zone program and make recommendations to the
22 Office of Tourism, Trade, and Economic
23 Development; amending s. 290.0066, F.S.;
24 providing for Enterprise Florida, Inc., to make
25 recommendations to the Office of Tourism,
26 Trade, and Economic Development regarding
27 revocations of enterprise zone designations;
28 amending s. 290.00675, F.S.; providing for
29 Enterprise Florida, Inc., to make
30 recommendations to the Office of Tourism,
31 Trade, and Economic Development regarding
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1 amendment of enterprise zone boundaries;
2 amending s. 290.00689, F.S.; conforming a cross
3 reference; revising the eligibility criteria
4 for certain tax credits to include a review and
5 recommendation by Enterprise Florida, Inc.;
6 amending s. 290.009, F.S.; specifying that
7 Enterprise Florida, Inc., shall serve as staff
8 to the Enterprise Zone Interagency Coordinating
9 Council; amending s. 290.014, F.S.; conforming
10 cross references; amending s. 288.017, F.S.;
11 revising criteria for the cooperative
12 advertising matching grants program; amending
13 s. 288.0656, F.S.; revising criteria for the
14 Rural Economic Development Initiative; amending
15 s. 290.0055, F.S.; revising criteria for
16 specified rural communities under the
17 enterprise zone program; amending s. 290.007,
18 F.S.; revising criteria for specified rural
19 communities under the enterprise zone program;
20 amending s. 288.1088, F.S.; revising
21 legislative findings and declarations relating
22 to the Quick Action Closing Fund; revising
23 criteria for use of fund; creating s. 414.224,
24 F.S.; creating the Retention Enhancing
25 Communities Initiative; providing for the
26 selection of communities; requiring
27 solicitation of proposals; providing proposal
28 requirements; providing for the selection of
29 RECI participants by the WAGES Program State
30 Board of Directors; providing for the
31 appointment of liaisons; authorizing the
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1 Governor to address barriers to implementation
2 of RECI proposals; providing for the
3 redirection of certain funds; providing for
4 RECI elements; requiring the Governor to
5 designate a coordinator; establishing a center
6 for community excellence; providing
7 appropriations for RECI elements; providing
8 restrictions of funds; providing for monitoring
9 and reporting; creating ss. 290.33, 290.331,
10 290.332, 290.333, 290.334, 290.335, 290.336,
11 290.337, 290.338, and 290.339, F.S.; creating
12 the Florida Communities Investment Act;
13 providing legislative findings; providing
14 policy and purpose; providing definitions;
15 providing for a local nominating process;
16 providing criteria; providing for the state
17 designation of tax-free zones; providing
18 criteria; providing for the revocation of
19 tax-free zone designation; providing criteria;
20 creating the Florida Communities Tax Abatement
21 Program; providing an exemption from sales and
22 ad valorem taxation in designated tax-free
23 zones; providing criteria; requiring an annual
24 report by the Office of Tourism, Trade, and
25 Economic Development; providing for future
26 repeal; amending ss. 220.183 and 624.5105,
27 F.S.; increasing the community contribution tax
28 credit; increasing a cap on annual tax credits;
29 amending s. 212.08, F.S.; revising a tax
30 exemption for silicon technology production and
31 research and development to apply to
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1 semiconductor technology production and
2 research and development; providing an
3 exemption from taxation for building materials
4 purchased for use in manufacturing or expanding
5 clean rooms for semiconductor manufacturing
6 facilities; revising definitions; revising
7 criteria; repealing s. 288.039, F.S., relating
8 to Employing and Training Our Youths (ENTRY);
9 repealing s. 288.8155, F.S., relating to the
10 International Trade Data Resource and Research
11 Center; repealing s. 290.004(2) and (8), F.S.,
12 relating to certain definitions; providing an
13 effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Paragraphs (f), (h), and (i) of subsection
18 (2) and subsection (7) of section 14.2015, Florida Statutes,
19 are amended, and paragraph (k) is added to subsection (2), to
20 read:
21 14.2015 Office of Tourism, Trade, and Economic
22 Development; creation; powers and duties.--
23 (2) The purpose of the Office of Tourism, Trade, and
24 Economic Development is to assist the Governor in working with
25 the Legislature, state agencies, business leaders, and
26 economic development professionals to formulate and implement
27 coherent and consistent policies and strategies designed to
28 provide economic opportunities for all Floridians. To
29 accomplish such purposes, the Office of Tourism, Trade, and
30 Economic Development shall:
31
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1 (f)1. Administer the Florida Enterprise Zone Act under
2 ss. 290.001-290.016, the community contribution tax credit
3 program under ss. 220.183 and 624.5105, the tax refund program
4 for qualified target industry businesses under s. 288.106, the
5 tax-refund program for qualified defense contractors under s.
6 288.1045, contracts for transportation projects under s.
7 288.063, the sports franchise facility program under s.
8 288.1162, the professional golf hall of fame facility program
9 under s. 288.1168, the expedited permitting process under s.
10 403.973, the Rural Community Development Revolving Loan Fund
11 under s. 288.065, the Regional Rural Development Grants
12 Program under s. 288.018, the Certified Capital Company Act
13 under s. 288.99, the Florida State Rural Development Council,
14 the Rural Economic Development Initiative, and other programs
15 that are specifically assigned to the office by law, by the
16 appropriations process, or by the Governor. Notwithstanding
17 any other provisions of law, the office may expend interest
18 earned from the investment of program funds deposited in the
19 Economic Development Trust Fund, the Grants and Donations
20 Trust Fund, the Brownfield Property Ownership Clearance
21 Assistance Revolving Loan Trust Fund, and the Economic
22 Development Transportation Trust Fund to contract for the
23 administration of the programs, or portions of the programs,
24 enumerated in this paragraph or assigned to the office by law,
25 by the appropriations process, or by the Governor. Such
26 expenditures shall be subject to review under chapter 216.
27 2. The office may enter into contracts in connection
28 with the fulfillment of its duties concerning the Florida
29 First Business Bond Pool under chapter 159, tax incentives
30 under chapters 212 and 220, tax incentives under the Certified
31 Capital Company Act in chapter 288, foreign offices under
8
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1 chapter 288, the Enterprise Zone program under chapter 290,
2 the Seaport Employment Training program under chapter 311, the
3 Florida Professional Sports Team License Plates under chapter
4 320, Spaceport Florida under chapter 331, Expedited Permitting
5 under chapter 403, and in carrying out other functions that
6 are specifically assigned to the office by law, by the
7 appropriations process, or by the Governor.
8 (h) Provide administrative oversight for the
9 Governor's Office of the Film and Entertainment Commissioner,
10 created under s. 288.1251, to develop, promote, and provide
11 services to the state's entertainment industry and to
12 administratively house the Florida Film and Entertainment
13 Advisory Council created under s. 288.1252.
14 (i) Prepare and submit as a separate budget entity a
15 unified budget request for tourism, trade, and economic
16 development in accordance with chapter 216 for, and in
17 conjunction with, Enterprise Florida, Inc., and its boards,
18 the Florida Commission on Tourism and its direct-support
19 organization, the Florida Black Business Investment Board, the
20 Governor's Office of the Film and Entertainment Commissioner,
21 and the direct-support organization created to promote the
22 sports industry.
23 (k) By January 15 of each year, the Office of Tourism,
24 Trade, and Economic Development shall submit to the Governor,
25 the President of the Senate, and the Speaker of the House of
26 Representatives a complete and detailed report of all
27 applications received and recommendations made or actions
28 taken during the previous fiscal year under all programs
29 funded out of the Economic Development Incentives Account of
30 the Economic Development Transportation Trust Fund. The
31 Office of Tourism, Trade, and Economic Development, with the
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1 cooperation of Enterprise Florida, Inc., shall also include in
2 the report: a detailed analysis of all final decisions issued;
3 agreements or other contracts executed; and tax refunds paid
4 or other payments made under all programs funded from the
5 above named sources, including analyses of benefits and costs,
6 types of projects supported, and employment and investment
7 created. The report shall also include a separate analysis of
8 the impact of such tax refunds and other payments approved for
9 rural cities or communities as defined in s. 288.106(2)(s) and
10 (t) and state enterprise zones designated pursuant to s.
11 290.0065.
12 (7) The Office of Tourism, Trade, and Economic
13 Development shall develop performance measures, standards, and
14 sanctions for each program it administers under this act and,
15 in conjunction with the applicable entity, for each program
16 for which it contracts with another entity under this act.
17 The performance measures, standards, and sanctions shall be
18 developed in consultation with the legislative appropriations
19 committees and the appropriate substantive committees, and are
20 subject to the review and approval process provided in s.
21 216.177. The approved performance measures, standards, and
22 sanctions shall be included and made a part of the strategic
23 plan for the Governor's Office of the Film and Entertainment
24 Commissioner and each contract entered into for delivery of
25 programs authorized by this act.
26 Section 2. Section 159.8083, Florida Statutes, is
27 amended to read:
28 159.8083 Florida First Business allocation pool.--The
29 Florida First Business allocation pool is hereby established.
30 The Florida First Business allocation pool shall be available
31 solely to provide written confirmation for private activity
10
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1 bonds to finance Florida First Business projects recommended
2 by Enterprise Florida, Inc., and certified by the Office of
3 Tourism, Trade, and Economic Development as eligible to
4 receive a written confirmation. Allocations from such pool
5 shall be awarded statewide pursuant to procedures specified in
6 s. 159.805, except that the provisions of s. 159.805(2), (3),
7 and (6) do not apply. Florida First Business projects that are
8 eligible for a carryforward shall not lose their allocation on
9 November 16 if they have applied and have been granted a
10 carryforward. In issuing written confirmations of allocations
11 for Florida First Business projects, the division shall use
12 the Florida First Business allocation pool. If allocation is
13 not available from the Florida First Business allocation pool,
14 the division shall issue written confirmations of allocations
15 for Florida First Business projects pursuant to s. 159.806 or
16 s. 159.807, in such order. For the purpose of determining
17 priority within a regional allocation pool or the state
18 allocation pool, notices of intent to issue bonds for Florida
19 First Business projects to be issued from a regional
20 allocation pool or the state allocation pool shall be
21 considered to have been received by the division at the time
22 it is determined by the division that the Florida First
23 Business allocation pool is unavailable to issue confirmation
24 for such Florida First Business project. If the total amount
25 requested in notices of intent to issue private activity bonds
26 for Florida First Business projects exceeds the total amount
27 of the Florida First Business allocation pool, the director
28 shall forward all timely notices of intent to issue, which are
29 received by the division for such projects, to the Office of
30 Tourism, Trade, and Economic Development which shall render a
31 decision as to which notices of intent to issue are to receive
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1 written confirmations. The Office of Tourism, Trade, and
2 Economic Development, in consultation with the division and
3 Enterprise Florida, Inc., shall develop rules to ensure that
4 the allocation provided in such pool is available solely to
5 provide written confirmations for private activity bonds to
6 finance Florida First Business projects and that such projects
7 are feasible and financially solvent.
8 Section 3. Section 288.012, Florida Statutes, is
9 amended to read:
10 288.012 State of Florida foreign offices.--The
11 Legislature finds that the expansion of international trade
12 and tourism is vital to the overall health and growth of the
13 economy of this state. This expansion is hampered by the lack
14 of technical and business assistance, financial assistance,
15 and information services for businesses in this state. The
16 Legislature finds that these businesses could be assisted by
17 providing these services at State of Florida foreign offices.
18 The Legislature further finds that the accessibility and
19 provision of services at these offices can be enhanced through
20 cooperative agreements or strategic alliances between state
21 entities, local entities, foreign entities, and private
22 businesses.
23 (1)(a) The Office of Tourism, Trade, and Economic
24 Development is authorized to:
25 (a) approve the establishment and operation by
26 Enterprise Florida, Inc., of Establish and operate offices in
27 foreign countries for the purpose of promoting the trade and
28 economic development of the state, and promoting the gathering
29 of trade data information and research on trade opportunities
30 in specific countries.
31
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1 (b) Enterprise Florida, Inc., as an agent for the
2 Office of Tourism, Trade, and Economic Development, may enter
3 into agreements with governmental and private sector entities
4 to establish and operate offices in foreign countries
5 containing provisions which may be in conflict with general
6 laws of the state pertaining to the purchase of office space,
7 employment of personnel, and contracts for services. When
8 agreements pursuant to this section are made which set
9 compensation in foreign currency, such agreements shall be
10 subject to the requirements of s. 215.425, but the purchase of
11 foreign currency by the Office of Tourism, Trade, and Economic
12 Development to meet such obligations shall be subject only to
13 s. 216.311.
14 (c) By September 1, 1997, the Office of Tourism,
15 Trade, and Economic Development shall develop a plan for the
16 disposition of the current foreign offices and the development
17 and location of additional foreign offices. The plan shall
18 include, but is not limited to, a determination of the level
19 of funding needed to operate the current offices and any
20 additional offices and whether any of the current offices need
21 to be closed or relocated. Enterprise Florida, Inc., the
22 Florida Tourism Commission, the Florida Ports Council, the
23 Department of State, the Department of Citrus, and the
24 Department of Agriculture shall assist the Office of Tourism,
25 Trade, and Economic Development in the preparation of the
26 plan. All parties shall cooperate on the disposition or
27 establishment of the offices and ensure that needed space,
28 technical assistance, and support services are provided to
29 such entities at such foreign offices.
30 (2) By June 30, 1998, Each foreign office shall have
31 in place an operational plan approved by the participating
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1 boards or other governing authority, a copy of which shall be
2 provided to the Office of Tourism, Trade, and Economic
3 Development. These operating plans shall be reviewed and
4 updated each fiscal year and submitted annually thereafter to
5 Enterprise Florida, Inc., for review and approval. The plans
6 shall include, at a minimum, the following:
7 (a) Specific policies and procedures encompassing the
8 entire scope of the operation and management of each office.
9 (b) A comprehensive, commercial strategic plan
10 identifying marketing opportunities and industry sector
11 priorities for the foreign country or area in which a foreign
12 office is located.
13 (c) Provisions for access to information for Florida
14 businesses through Enterprise Florida, Inc the Florida Trade
15 Data Center. Each foreign office shall obtain and forward
16 trade leads and inquiries to the center on a regular basis as
17 called for in the plan pursuant to paragraph (1)(c).
18 (d) Identification of new and emerging market
19 opportunities for Florida businesses. Each foreign office
20 shall provide Enterprise Florida, Inc., the Florida Trade Data
21 Center with a compilation of foreign buyers and importers in
22 industry sector priority areas annually on an annual basis.
23 Enterprise Florida, Inc., In return, the Florida Trade Data
24 Center shall make available to each foreign office, and to the
25 Florida Commission on Tourism, The Florida Seaport
26 Transportation and Economic Development Council, the
27 Department of State, the Department of Citrus, and the
28 Department of Agriculture entities identified in paragraph
29 (1)(c), trade industry, commodity, and opportunity information
30 as specified in the plan required in that paragraph. This
31 information shall be provided to such the offices and the
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1 entities identified in paragraph (1)(c) either free of charge
2 or on a fee basis with fees set only to recover the costs of
3 providing the information.
4 (e) Provision of access for Florida businesses to the
5 services of the Florida Trade Data Center, international trade
6 assistance services provided by state and local entities,
7 seaport and airport information, and other services identified
8 by the Office of Tourism, Trade, and Economic Development in
9 the plan pursuant to paragraph (1)(c).
10 (f) Qualitative and quantitative performance measures
11 for each office including, but not limited to, the number of
12 businesses assisted, the number of trade leads and inquiries
13 generated, the number of foreign buyers and importers
14 contacted, and the amount and type of marketing conducted.
15 (3) By October 1 of each year, each foreign office
16 shall submit to Enterprise Florida, Inc., the Office of
17 Tourism, Trade, and Economic Development a complete and
18 detailed report on its activities and accomplishments during
19 the preceding fiscal year. In a format provided by Enterprise
20 Florida, Inc., the report must set forth information on:
21 (a) The number of Florida companies assisted.
22 (b) The number of inquiries received about investment
23 opportunities in this state.
24 (c) The number of trade leads generated.
25 (d) The number of investment projects announced.
26 (e) The estimated U.S. dollar value of sales
27 confirmations.
28 (f) The number of representation agreements.
29 (g) The number of company consultations.
30 (h) Barriers or other issues affecting the effective
31 operation of the office.
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1 (i) Changes in office operations which are planned for
2 the current fiscal year.
3 (j) Marketing activities conducted.
4 (k) Strategic alliances formed with organizations in
5 the country in which the office is located.
6 (l) Activities conducted with other Florida foreign
7 offices.
8 (m) Any other information that the office believes
9 would contribute to an understanding of its activities.
10 (4) The Office of Tourism, Trade, and Economic
11 Development, in connection with the establishment, operation,
12 and management of any of the its offices located in a foreign
13 country, is exempt from the provisions of ss. 255.21, 255.25,
14 and 255.254 relating to leasing of buildings; ss. 283.33 and
15 283.35 relating to bids for printing; ss. 287.001-287.20
16 relating to purchasing and motor vehicles; and ss.
17 282.003-282.111 relating to communications, and from all
18 statutory provisions relating to state employment.
19 (a) Such exemptions The Office of Tourism, Trade, and
20 Economic Development may be exercised exercise such exemptions
21 only upon prior approval of the Governor.
22 (b) If approval for an exemption under this section is
23 granted as an integral part of a plan of operation for a
24 specified foreign office, such action shall constitute
25 continuing authority for the Office of Tourism, Trade, and
26 Economic Development to exercise of the exemption, but only in
27 the context and upon the terms originally granted. Any
28 modification of the approved plan of operation with respect to
29 an exemption contained therein must be resubmitted to the
30 Governor for his or her approval. An approval granted to
31 exercise an exemption in any other context shall be restricted
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1 to the specific instance for which the exemption is to be
2 exercised.
3 (c) As used in this subsection, the term "plan of
4 operation" means the plan developed pursuant to subsection
5 (2).
6 (d) Upon final action by the Governor with respect to
7 a request to exercise the exemption authorized in this
8 subsection, the Office of Tourism, Trade, and Economic
9 Development shall report such action, along with the original
10 request and any modifications thereto, to the President of the
11 Senate and the Speaker of the House of Representatives within
12 30 days.
13 (5) Where feasible and appropriate, and subject to s.
14 288.1224(10), foreign offices established and operated under
15 this section may provide one-stop access to the economic
16 development, trade, and tourism information, services, and
17 programs of the state. Where feasible and appropriate, and
18 subject to s. 288.1224(10), such offices may also be
19 collocated with other foreign offices of the state.
20 (6) The Office of Tourism, Trade, and Economic
21 Development is authorized to make and to enter into contracts
22 with Enterprise Florida, Inc., and the Florida Commission on
23 Tourism to carry out the provisions of this section. The
24 authority, duties, and exemptions provided in this section
25 apply to Enterprise Florida, Inc., and the Florida Commission
26 on Tourism to the same degree and subject to the same
27 conditions as applied to the Office of Tourism, Trade, and
28 Economic Development. To the greatest extent possible, such
29 contracts shall include provisions for cooperative agreements
30 or strategic alliances between state entities, foreign
31
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1 entities, local entities, and private businesses to operate
2 foreign offices.
3 Section 4. Section 288.018, Florida Statutes, is
4 amended to read:
5 288.018 Regional Rural Development Grants Program.--
6 (1) Enterprise Florida, Inc., shall administer The
7 Office of Tourism, Trade, and Economic Development shall
8 establish a matching grant program to provide funding to
9 regionally based economic development organizations
10 representing rural counties and communities for the purpose of
11 building the professional capacity of their organizations.
12 Upon recommendation by Enterprise Florida, Inc., the Office of
13 Tourism, Trade, and Economic Development is authorized to
14 approve, on an annual basis, grants to such regionally based
15 economic development organizations. The maximum amount an
16 organization may receive in any year will be $35,000, or
17 $100,000 in a rural area of critical economic concern
18 recommended by the Rural Economic Development Initiative and
19 designated by the Governor, and must be matched each year by
20 an equivalent amount of nonstate resources.
21 (2) In recommending the awards for funding, Enterprise
22 Florida, Inc., approving the participants, the Office of
23 Tourism, Trade, and Economic Development shall consider the
24 demonstrated need of the applicant for assistance and require
25 the following:
26 (a) Documentation of official commitments of support
27 from each of the units of local government represented by the
28 regional organization.
29 (b) Demonstration that each unit of local government
30 has made a financial or in-kind commitment to the regional
31 organization.
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1 (c) Demonstration that the private sector has made
2 financial or in-kind commitments to the regional organization.
3 (d) Demonstration that the organization is in
4 existence and actively involved in economic development
5 activities serving the region.
6 (e) Demonstration of the manner in which the
7 organization is or will coordinate its efforts with those of
8 other local and state organizations.
9 (3) The Office of Tourism, Trade, and Economic
10 Development may approve awards expend up to a total of
11 $600,000 each fiscal year from funds appropriated to the Rural
12 Community Development Revolving Loan Fund for the purposes
13 outlined in this section.
14 Section 5. Subsections (1), (2), (4), (6), (8), and
15 (10) of section 288.1162, Florida Statutes, are amended to
16 read:
17 288.1162 Professional sports franchises; spring
18 training franchises; duties.--
19 (1) The direct-support organization authorized under
20 s. 288.1229 Office of Tourism, Trade, and Economic Development
21 shall serve as the state agency for screening applicants and
22 shall make recommendations to the Office of Tourism, Trade,
23 and Economic Development for state funding pursuant to s.
24 212.20 and for certifying an applicant as a "facility for a
25 new professional sports franchise," a "facility for a retained
26 professional sports franchise," or a "new spring training
27 franchise facility." The Office of Tourism, Trade, and
28 Economic Development shall have final approval for any
29 decision under this section.
30 (2) The direct-support organization authorized under
31 s. 288.1229 Office of Tourism, Trade, and Economic Development
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1 shall develop guidelines rules for the receipt and processing
2 of applications for funding pursuant to s. 212.20.
3 (4) Prior to certifying an applicant as a "facility
4 for a new professional sports franchise" or a "facility for a
5 retained professional sports franchise," the direct-support
6 organization authorized under s. 288.1229 Office of Tourism,
7 Trade, and Economic Development must determine that:
8 (a) A "unit of local government" as defined in s.
9 218.369 is responsible for the construction, management, or
10 operation of the professional sports franchise facility or
11 holds title to the property on which the professional sports
12 franchise facility is located.
13 (b) The applicant has a verified copy of a signed
14 agreement with a new professional sports franchise for the use
15 of the facility for a term of at least 10 years, or in the
16 case of a retained professional sports franchise, an agreement
17 for use of the facility for a term of at least 20 years.
18 (c) The applicant has a verified copy of the approval
19 from the governing authority of the league in which the new
20 professional sports franchise exists authorizing the location
21 of the professional sports franchise in this state after April
22 1, 1987, or in the case of a retained professional sports
23 franchise, verified evidence that it has had a
24 league-authorized location in this state on or before December
25 31, 1976. The term "league" means the National League or the
26 American League of Major League Baseball, the National
27 Basketball Association, the National Football League, or the
28 National Hockey League.
29 (d) The applicant has projections, verified by the
30 direct-support organization Office of Tourism, Trade, and
31 Economic Development, which demonstrate that the new or
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1 retained professional sports franchise will attract a paid
2 attendance of more than 300,000 annually.
3 (e) The applicant has an independent analysis or
4 study, verified by the direct-support organization Office of
5 Tourism, Trade, and Economic Development, which demonstrates
6 that the amount of the revenues generated by the taxes imposed
7 under chapter 212 with respect to the use and operation of the
8 professional sports franchise facility will equal or exceed $2
9 million annually.
10 (f) The municipality in which the facility for a new
11 or retained professional sports franchise is located, or the
12 county if the facility for a new or retained professional
13 sports franchise is located in an unincorporated area, has
14 certified by resolution after a public hearing that the
15 application serves a public purpose.
16 (g) The applicant has demonstrated that it has
17 provided, is capable of providing, or has financial or other
18 commitments to provide more than one-half of the costs
19 incurred or related to the improvement and development of the
20 facility.
21 (h) No applicant previously certified under any
22 provision of this section who has received funding under such
23 certification shall be eligible for an additional
24 certification.
25 (6) Prior to certifying an applicant as a "new spring
26 training franchise facility," the direct-support organization
27 authorized under s. 288.1229 Office of Tourism, Trade, and
28 Economic Development must determine that:
29 (a) A "unit of local government" as defined in s.
30 218.369 is responsible for the construction, management, or
31 operation of the new spring training franchise facility or
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1 holds title to the property on which the new spring training
2 franchise facility is located.
3 (b) The applicant has a verified copy of a signed
4 agreement with a new spring training franchise for the use of
5 the facility for a term of at least 15 years.
6 (c) The applicant has a financial commitment to
7 provide 50 percent or more of the funds required by an
8 agreement for the use of the facility by the new spring
9 training franchise.
10 (d) The proposed facility for the new spring training
11 franchise is located within 20 miles of an interstate or other
12 limited-access highway system.
13 (e) The applicant has projections, verified by the
14 direct-support organization Office of Tourism, Trade, and
15 Economic Development, which demonstrate that the new spring
16 training franchise facility will attract a paid attendance of
17 at least 50,000 annually.
18 (f) The new spring training franchise facility is
19 located in a county that is levying a tourist development tax
20 pursuant to s. 125.0104(3)(b), (c), (d), and (l), at the rate
21 of 4 percent by March 1, 1992, and, 87.5 percent of the
22 proceeds from such tax are dedicated for the construction of a
23 spring training complex.
24 (8) The direct-support organization authorized under
25 s. 288.1229 Office of Tourism, Trade, and Economic Development
26 shall notify the Department of Revenue of any facility
27 certified as a facility for a new professional sports
28 franchise or a facility for a retained professional sports
29 franchise or as a new spring training franchise facility. The
30 direct-support organization Office of Tourism, Trade, and
31 Economic Development may certify no more than eight facilities
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1 as facilities for a new professional sports franchise, as
2 facilities for a retained professional sports franchise, or as
3 new spring training franchise facilities, including in such
4 total any facilities certified by the Department of Commerce
5 before July 1, 1996, and by the Office of Tourism, Trade, and
6 Economic Development before July 1, 2000. The office may make
7 No more than one certification may be made for any facility.
8 (10) An applicant shall not be qualified for
9 certification under this section if the franchise formed the
10 basis for a previous certification, unless the previous
11 certification was withdrawn by the facility or invalidated by
12 the direct-support organization authorized under s. 288.1229,
13 the Office of Tourism, Trade, and Economic Development, or the
14 Department of Commerce before any funds were distributed
15 pursuant to s. 212.20. This subsection does not disqualify an
16 applicant if the previous certification occurred between May
17 23, 1993, and May 25, 1993; however, any funds to be
18 distributed pursuant to s. 212.20 for the second certification
19 shall be offset by the amount distributed to the previous
20 certified facility. Distribution of funds for the second
21 certification shall not be made until all amounts payable for
22 the first certification have been distributed.
23 Section 6. Section 288.1168, Florida Statutes, is
24 amended to read:
25 288.1168 Professional golf hall of fame facility;
26 duties.--
27 (1) The Department of Commerce shall serve as the
28 state agency for screening applicants for state funding
29 pursuant to s. 212.20 and for certifying one applicant as the
30 professional golf hall of fame facility in the state.
31
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1 (2) Prior to certifying the professional golf hall of
2 fame facility, the Department of Commerce must determine that:
3 (a) The professional golf hall of fame facility is the
4 only professional golf hall of fame in the United States
5 recognized by the PGA Tour, Inc.
6 (b) The applicant is a unit of local government as
7 defined in s. 218.369 or a private sector group that has
8 contracted to construct or operate the professional golf hall
9 of fame facility on land owned by a unit of local government.
10 (c) The municipality in which the professional golf
11 hall of fame facility is located, or the county if the
12 facility is located in an unincorporated area, has certified
13 by resolution after a public hearing that the application
14 serves a public purpose.
15 (d) There are existing projections that the
16 professional golf hall of fame facility will attract a paid
17 attendance of more than 300,000 annually.
18 (e) There is an independent analysis or study, using
19 methodology approved by the department, which demonstrates
20 that the amount of the revenues generated by the taxes imposed
21 under chapter 212 with respect to the use and operation of the
22 professional golf hall of fame facility will equal or exceed
23 $2 million annually.
24 (1)(f) Prior to certification, the applicant for the
25 certified professional golf hall of fame facility shall submit
26 has submitted an agreement to provide $2 million annually in
27 national and international media promotion of the professional
28 golf hall of fame facility, Florida, and Florida tourism,
29 through the PGA Tour, Inc., or its affiliates, at the
30 then-current commercial rate, during the period of time that
31 the facility receives funds pursuant to s. 212.20. The
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1 direct-support organization authorized under s. 288.1229
2 Office of Tourism, Trade, and Economic Development and the PGA
3 Tour, Inc., or its affiliates, must agree annually on a
4 reasonable percentage of advertising specifically allocated
5 for generic Florida advertising. The direct-support
6 organization Office of Tourism, Trade, and Economic
7 Development shall have final approval of all generic
8 advertising. Failure on the part of the PGA Tour, Inc., or its
9 affiliates to annually provide the advertising as provided in
10 this subsection paragraph or subsection (4) (6) shall result
11 in the termination of funding as provided in s. 212.20.
12 (g) Documentation exists that demonstrates that the
13 applicant has provided, is capable of providing, or has
14 financial or other commitments to provide more than one-half
15 of the costs incurred or related to the improvement and
16 development of the facility.
17 (h) The application is signed by an official senior
18 executive of the applicant and is notarized according to
19 Florida law providing for penalties for falsification.
20 (2)(3) The certified professional golf hall of fame
21 facility applicant may use funds provided pursuant to s.
22 212.20 for the public purpose of paying for the construction,
23 reconstruction, renovation, or operation of the professional
24 golf hall of fame facility, or to pay or pledge for payment of
25 debt service on, or to fund debt service reserve funds,
26 arbitrage rebate obligations, or other amounts payable with
27 respect to, bonds issued for the construction, reconstruction,
28 or renovation of the facility or for the reimbursement of such
29 costs or the refinancing of bonds issued for such purpose.
30 (4) Upon determining that an applicant is or is not
31 certifiable, the Secretary of Commerce shall notify the
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1 applicant of his or her status by means of an official letter.
2 If certifiable, the secretary shall notify the executive
3 director of the Department of Revenue and the applicant of
4 such certification by means of an official letter granting
5 certification. From the date of such certification, the
6 applicant shall have 5 years to open the professional golf
7 hall of fame facility to the public and notify the Office of
8 Tourism, Trade, and Economic Development of such opening. The
9 Department of Revenue shall not begin distributing funds until
10 30 days following notice by the Office of Tourism, Trade, and
11 Economic Development that the professional golf hall of fame
12 facility is open to the public.
13 (3)(5) The Department of Revenue may audit as provided
14 in s. 213.34 to verify that the distributions under this
15 section have been expended as required by this section.
16 (4)(6) The direct-support organization authorized
17 under s. 288.1229 Office of Tourism, Trade, and Economic
18 Development must recertify every 10 years that the facility is
19 open, continues to be the only professional golf hall of fame
20 in the United States recognized by the PGA Tour, Inc., and is
21 meeting the minimum projections for attendance or sales tax
22 revenue as required at the time of original certification. If
23 the facility is not certified as meeting the minimum
24 projections, the PGA Tour, Inc., shall increase its required
25 advertising contribution of $2 million annually to $2.5
26 million annually in lieu of reduction of any funds as provided
27 by s. 212.20. The additional $500,000 must be allocated in its
28 entirety for the use and promotion of generic Florida
29 advertising as determined by the direct-support organization
30 Office of Tourism, Trade, and Economic Development. If the
31 facility is not open to the public or is no longer in use as
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1 the only professional golf hall of fame in the United States
2 recognized by the PGA Tour, Inc., the entire $2.5 million for
3 advertising must be used for generic Florida advertising as
4 determined by the direct-support organization Office of
5 Tourism, Trade, and Economic Development.
6 Section 7. Section 288.1169, Florida Statutes, is
7 amended to read:
8 288.1169 International Game Fish Association World
9 Center facility; department duties.--
10 (1) The direct-support organization authorized under
11 s. 288.1229 Department of Commerce shall serve as the state
12 agency approving applicants for funding pursuant to s. 212.20
13 and for certifying the applicant as the International Game
14 Fish Association World Center facility. For purposes of this
15 section, "facility" means the International Game Fish
16 Association World Center, and "project" means the
17 International Game Fish Association World Center and new
18 colocated improvements by private sector concerns who have
19 made cash or in-kind contributions to the facility of $1
20 million or more.
21 (2) Prior to certifying this facility, the
22 direct-support organization authorized under s. 288.1229
23 department must determine that:
24 (a) The International Game Fish Association World
25 Center is the only fishing museum, Hall of Fame, and
26 international administrative headquarters in the United States
27 recognized by the International Game Fish Association, and
28 that one or more private sector concerns have committed to
29 donate to the International Game Fish Association land upon
30 which the International Game Fish Association World Center
31 will operate.
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1 (b) International Game Fish Association is a
2 not-for-profit Florida corporation that has contracted to
3 construct and operate the facility.
4 (c) The municipality in which the facility is located,
5 or the county if the facility is located in an unincorporated
6 area, has certified by resolution after a public hearing that
7 the facility serves a public purpose.
8 (d) There are existing projections that the
9 International Game Fish Association World Center facility and
10 the colocated facilities of private sector concerns will
11 attract an attendance of more than 1.8 million annually.
12 (e) There is an independent analysis or study, using
13 methodology approved by the direct-support organization
14 department, which demonstrates that the amount of the revenues
15 generated by the taxes imposed under chapter 212 with respect
16 to the use and operation of the project will exceed $1 million
17 annually.
18 (f) There are existing projections that the project
19 will attract more than 300,000 persons annually who are not
20 residents of the state.
21 (g) The applicant has submitted an agreement to
22 provide $500,000 annually in national and international media
23 promotion of the facility, at the then-current commercial
24 rates, during the period of time that the facility receives
25 funds pursuant to s. 212.20. Failure on the part of the
26 applicant to annually provide the advertising as provided in
27 this paragraph shall result in the termination of the funding
28 as provided in s. 212.20. The applicant can discharge its
29 obligation under this paragraph by contracting with other
30 persons, including private sector concerns who participate in
31 the project.
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1 (h) Documentation exists that demonstrates that the
2 applicant has provided, and is capable of providing, or has
3 financial or other commitments to provide, more than one-half
4 of the cost incurred or related to the improvements and the
5 development of the facility.
6 (i) The application is signed by senior officials of
7 the International Game Fish Association and is notarized
8 according to Florida law providing for penalties for
9 falsification.
10 (3) The applicant may use funds provided pursuant to
11 s. 212.20 for the purpose of paying for the construction,
12 reconstruction, renovation, promotion, or operation of the
13 facility, or to pay or pledge for payment of debt service on,
14 or to fund debt service reserve funds, arbitrage rebate
15 obligations, or other amounts payable with respect to, bonds
16 issued for the construction, reconstruction, or renovation of
17 the facility or for the reimbursement of such costs or by
18 refinancing of bonds issued for such purposes.
19 (4) Upon determining that an applicant is or is not
20 certifiable, the direct-support organization authorized under
21 s. 288.1229 Department of Commerce shall notify the applicant
22 of its status by means of an official letter. If certifiable,
23 the direct-support organization Department of Commerce shall
24 notify the executive director of the Department of Revenue and
25 the applicant of such certification by means of an official
26 letter granting certification. From the date of such
27 certification, the applicant shall have 5 years to open the
28 facility to the public and notify the direct-support
29 organization Department of Commerce of such opening. The
30 Department of Revenue shall not begin distributing funds until
31 30 days following notice by the direct-support organization
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1 Department of Commerce that the facility is open to the
2 public.
3 (5) The Department of Revenue may audit as provided in
4 s. 213.34 to verify that the contributions pursuant to this
5 section have been expended as required by this section.
6 (6) The direct-support organization authorized under
7 s. 288.1229 Department of Commerce must recertify every 10
8 years that the facility is open and, that the International
9 Game Fish Association World Center continues to be the only
10 international administrative headquarters, fishing museum, and
11 Hall of Fame in the United States recognized by the
12 International Game Fish Association, and must verify annually
13 that the project is meeting the minimum projections for
14 attendance or sales tax revenues as required at the time of
15 original certification. If the facility is not recertified
16 during this 10-year review as meeting the minimum projections,
17 then funding will be abated until certification criteria are
18 met. If the project fails to generate $1 million of annual
19 revenues pursuant to paragraph (2)(e), the distribution of
20 revenues pursuant to s. 212.20(6)(f)5.c. shall be reduced to
21 an amount equal to $83,333 multiplied by a fraction, the
22 numerator of which is the actual revenues generated and the
23 denominator of which is $1 million. Such reduction shall
24 remain in effect until revenues generated by the project in a
25 12-month period equal or exceed $1 million.
26 Section 8. Section 288.1185, Florida Statutes, is
27 transferred, renumbered as section 403.7155, Florida Statutes,
28 and amended to read:
29 403.7155 288.1185 Recycling Markets Advisory
30 Committee.--
31
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1 (1) There is created the Recycling Markets Advisory
2 Committee, hereinafter referred to as the "committee," to be
3 administratively housed in the Department of Environmental
4 Protection Office of Tourism, Trade, and Economic Development.
5 The purpose of the committee shall be to serve as the
6 mechanism for coordination among state agencies and the
7 private sector to coordinate policy and overall strategic
8 planning for developing new markets and expanding and
9 enhancing existing markets for recovered materials. The
10 committee may not duplicate or replace agency programs, but
11 shall enhance, coordinate, and recommend priorities for those
12 programs.
13 (2)(a) The committee shall consist of 12 members, 10
14 of whom shall be appointed by the Governor, each of whom is or
15 has been actively engaged in the recycling industry or a
16 related business area, including the use of product packaging
17 materials, or is a local government official with a
18 demonstrated knowledge of recycling; a member of the House of
19 Representatives to be appointed by the Speaker of the House of
20 Representatives, who shall serve without voting rights as an
21 ex officio member of the committee; and a member of the Senate
22 to be appointed by the President of the Senate, who shall
23 serve without voting rights as an ex officio member of the
24 committee.
25 (b) Members of the committee shall be appointed within
26 60 days after this section takes effect.
27 (c) A chairperson shall be appointed by the Governor
28 from among the members of the committee.
29 (d) The committee shall meet at the call of its
30 chairperson or at the request of a majority of its membership,
31 but at least biannually. A majority of the members shall
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1 constitute a quorum, and the affirmative vote of a majority of
2 a quorum is necessary to take official action.
3 (e) Members of the committee shall serve without
4 compensation but are entitled to receive reimbursement for per
5 diem and travel expenses as provided in s. 112.061.
6 (f) The committee may appoint ad hoc committees, which
7 may include persons who are not members of the committee, to
8 study recycled materials market development problems and
9 issues and advise the committee on these subjects. Ad hoc
10 committee members may be reimbursed for per diem and travel
11 expenses as provided in s. 112.061.
12 (g) The Department of Environmental Protection Office
13 of Tourism, Trade, and Economic Development shall coordinate
14 with agencies listed in paragraph (3)(a) to provide support as
15 necessary to enable the committee to adequately carry out its
16 functions.
17 (3)(a) The heads of the Department of Transportation,
18 the Department of Environmental Protection, the Department of
19 Management Services, the Department of Agriculture and
20 Consumer Services, the Florida Energy Office, and the Governor
21 shall each designate a staff member from within the agency to
22 serve as the recycling market development liaison for the
23 agency. This person shall have knowledge of recycling and the
24 issues and problems related to recycling and recycled
25 materials market development. This person shall be the primary
26 point of contact for the agency on issues related to recycled
27 materials market development. These liaisons shall be
28 available for committee meetings and shall work closely with
29 the committee and other recycling market development liaisons
30 to further the goals of the committee, as appropriate.
31
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1 (b) Whenever it is necessary to change the designee,
2 the head of each agency shall notify the Governor in writing
3 of the person designated as the recycling market development
4 liaison for such agency.
5 (4)(a) By October 1, 1993, the committee shall develop
6 a plan to set goals and provide direction for developing new
7 markets and expanding and enhancing existing markets for
8 recovered materials.
9 (b) In developing the plan and any needed legislation,
10 the committee shall consider:
11 1. Developing new markets and expanding and enhancing
12 existing markets for recovered materials.
13 2. Pursuing expanded end uses for recycled materials.
14 3. Targeting materials for concentrated market
15 development efforts.
16 4. Developing proposals for new incentives for market
17 development, particularly focusing on targeted materials.
18 5. Providing guidance on issues such as permitting,
19 finance options for recycling market development, site
20 location, research and development, grant program criteria for
21 recycled materials markets, recycling markets education and
22 information, and minimum content.
23 6. Coordinating the efforts of various government
24 entities with market development responsibilities.
25 7. Evaluating the need for competitively solicited,
26 cooperative ventures in rural areas for collecting,
27 processing, marketing, and procuring collected materials.
28 8. Evaluating source-reduced products as they relate
29 to state procurement policy. The evaluation shall include,
30 but is not limited to, the environmental and economic impact
31 of source-reduced product purchases on the state. For the
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1 purposes of this section, "source-reduced" means any method,
2 process, product, or technology which significantly or
3 substantially reduces the volume or weight of a product while
4 providing, at a minimum, equivalent or generally similar
5 performance and service to and for the users of such
6 materials.
7 (5) By November 1 of each year, beginning in 1994, the
8 committee shall submit to the Governor, the President of the
9 Senate, and the Speaker of the House of Representatives a
10 complete and detailed report setting forth in appropriate
11 detail the operations and accomplishments of the committee and
12 the activities of existing agencies and programs in support of
13 the goals established by the committee, including any
14 recommendations for statutory changes.
15 (6) In order to support the functions of the
16 committee, the Department of Environmental Protection Office
17 of Tourism, Trade, and Economic Development may hire staff or
18 contract with other agencies for staff support and enter into
19 contracts for support, research, planning, evaluation, and
20 communication and promotion services.
21 Section 9. Section 288.1251, Florida Statutes, is
22 amended to read:
23 288.1251 Promotion and development of entertainment
24 industry; Governor's Office of the Film and Entertainment
25 Commissioner; creation; purpose; powers and duties.--
26 (1) CREATION.--
27 (a) There is hereby created within the Office of
28 Tourism, Trade, and Economic Development the Governor's Office
29 of the Film and Entertainment Commissioner for the purpose of
30 developing, marketing, promoting, and providing services to
31 the state's entertainment industry.
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1 (b) The Office of Tourism, Trade, and Economic
2 Development shall conduct a national search for a qualified
3 person to fill the position of Film Commissioner of Film and
4 Entertainment, and the Executive Director of the Office of
5 Tourism, Trade, and Economic Development shall hire the Film
6 commissioner. Guidelines for selection of the Film
7 commissioner shall include, but not be limited to, the Film
8 commissioner having the following:
9 1. A working knowledge of the equipment, personnel,
10 financial, and day-to-day production operations of the
11 industries to be served by the office;
12 2. Marketing and promotion experience related to the
13 industries to be served by the office;
14 3. Experience working with a variety of individuals
15 representing large and small entertainment-related businesses,
16 industry associations, local community entertainment industry
17 liaisons, and labor organizations; and
18 4. Experience working with a variety of state and
19 local governmental agencies.
20 (2) POWERS AND DUTIES.--
21 (a) The Governor's Office of the Film and
22 Entertainment Commissioner, in performance of its duties,
23 shall:
24 1. In consultation with the Florida Film and
25 Entertainment Advisory Council, develop and implement a 5-year
26 strategic plan to guide the activities of the Governor's
27 Office of the Film and Entertainment Commissioner in the areas
28 of entertainment industry development, marketing, promotion,
29 liaison services, field office administration, and
30 information. The plan, to be developed by no later than June
31 30, 2000, shall:
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1 a. Be annual in construction and ongoing in nature.
2 b. Include recommendations relating to the
3 organizational structure of the office.
4 c. Include an annual budget projection for the office
5 for each year of the plan.
6 d. Include an operational model for the office to use
7 in implementing programs for rural and urban areas designed
8 to:
9 (I) Develop and promote the state's entertainment
10 industry.
11 (II) Have the office serve as a liaison between the
12 entertainment industry and other state and local governmental
13 agencies, local film commissions, and labor organizations.
14 (III) Gather statistical information related to the
15 state's entertainment industry.
16 (IV) Provide information and service to businesses,
17 communities, organizations, and individuals engaged in
18 entertainment industry activities.
19 (V) Administer field offices outside the state and
20 coordinate with regional offices maintained by counties and
21 regions of the state, as described in sub-sub-subparagraph
22 (II), as necessary.
23 e. Include performance standards and measurable
24 outcomes for the programs to be implemented by the office.
25 f. Include an assessment of, and make recommendations
26 on, the feasibility of creating an alternative public-private
27 partnership for the purpose of contracting with such a
28 partnership for the administration of the state's
29 entertainment industry promotion, development, marketing, and
30 service programs.
31
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1 2. Develop, market, and facilitate a smooth working
2 relationship between state agencies and local governments in
3 cooperation with local film commission offices for
4 out-of-state and indigenous entertainment industry production
5 entities.
6 3. Implement a structured methodology prescribed for
7 coordinating activities of local offices with each other and
8 the commissioner's office.
9 4. Represent the state's indigenous entertainment
10 industry to key decisionmakers within the national and
11 international entertainment industry, and to state and local
12 officials.
13 5. Prepare an inventory and analysis of the state's
14 entertainment industry, including, but not limited to,
15 information on crew, related businesses, support services, job
16 creation, talent, and economic impact and coordinate with
17 local offices to develop an information tool for common use.
18 6. Represent key decisionmakers within the national
19 and international entertainment industry to the indigenous
20 entertainment industry and to state and local officials.
21 7. Serve as liaison between entertainment industry
22 producers and labor organizations.
23 8. Identify, solicit, and recruit entertainment
24 production opportunities for the state.
25 9. Assist rural communities and other small
26 communities in the state in developing the expertise and
27 capacity necessary for such communities to develop, market,
28 promote, and provide services to the state's entertainment
29 industry.
30
31
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1 (b) The Governor's Office of the Film and
2 Entertainment Commissioner, in the performance of its duties,
3 may:
4 1. Conduct or contract for specific promotion and
5 marketing functions, including, but not limited to, production
6 of a statewide directory, production and maintenance of an
7 Internet web site, establishment and maintenance of a
8 toll-free number, organization of trade show participation,
9 and appropriate cooperative marketing opportunities.
10 2. Conduct its affairs, carry on its operations,
11 establish offices, and exercise the powers granted by this act
12 in any state, territory, district, or possession of the United
13 States.
14 3. Carry out any program of information, special
15 events, or publicity designed to attract entertainment
16 industry to Florida.
17 4. Develop relationships and leverage resources with
18 other public and private organizations or groups in their
19 efforts to publicize to the entertainment industry in this
20 state, other states, and other countries the depth of
21 Florida's entertainment industry talent, crew, production
22 companies, production equipment resources, related businesses,
23 and support services, including the establishment of and
24 expenditure for a program of cooperative advertising with
25 these public and private organizations and groups in
26 accordance with the provisions of chapter 120.
27 5. Provide and arrange for reasonable and necessary
28 promotional items and services for such persons as the office
29 deems proper in connection with the performance of the
30 promotional and other duties of the office.
31
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1 6. Prepare an annual economic impact analysis on
2 entertainment industry-related activities in the state.
3 Section 10. Section 288.1252, Florida Statutes, is
4 amended to read:
5 288.1252 Florida Film and Entertainment Advisory
6 Council; creation; purpose; membership; powers and duties.--
7 (1) CREATION.--There is hereby created within the
8 Office of Tourism, Trade, and Economic Development of the
9 Executive Office of the Governor, for administrative purposes
10 only, the Florida Film and Entertainment Advisory Council.
11 (2) PURPOSE.--The purpose of the council shall be to
12 serve as an advisory body to the Office of Tourism, Trade, and
13 Economic Development and to the Governor's Office of the Film
14 and Entertainment Commissioner to provide these offices with
15 industry insight and expertise related to developing,
16 marketing, promoting, and providing service to the state's
17 entertainment industry.
18 (3) MEMBERSHIP.--
19 (a) The council shall consist of 17 members, seven to
20 be appointed by the Governor, five to be appointed by the
21 President of the Senate, and five to be appointed by the
22 Speaker of the House of Representatives, with the initial
23 appointments being made no later than August 1, 1999.
24 (b) When making appointments to the council, the
25 Governor, the President of the Senate, and the Speaker of the
26 House of Representatives shall appoint persons who are
27 residents of the state and who are highly knowledgeable of,
28 active in, and recognized leaders in Florida's motion picture,
29 television, video, sound recording, or other entertainment
30 industries. These persons shall include, but not be limited
31 to, representatives of local film commissions, representatives
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1 of entertainment associations, a representative of the
2 broadcast industry, representatives of labor organizations in
3 the entertainment industry, and board chairs, presidents,
4 chief executive officers, chief operating officers, or persons
5 of comparable executive position or stature of leading or
6 otherwise important entertainment industry businesses and
7 offices. Council members shall be appointed in such a manner
8 as to equitably represent the broadest spectrum of the
9 entertainment industry and geographic areas of the state.
10 (c) Council members shall serve for 4-year terms,
11 except that the initial terms shall be staggered:
12 1. The Governor shall appoint one member for a 1-year
13 term, two members for 2-year terms, two members for 3-year
14 terms, and two members for 4-year terms.
15 2. The President of the Senate shall appoint one
16 member for a 1-year term, one member for a 2-year term, two
17 members for 3-year terms, and one member for a 4-year term.
18 3. The Speaker of the House of Representatives shall
19 appoint one member for a 1-year term, one member for a 2-year
20 term, two members for 3-year terms, and one member for a
21 4-year term.
22 (d) Subsequent appointments shall be made by the
23 official who appointed the council member whose expired term
24 is to be filled.
25 (e) The Film Commissioner of Film and Entertainment, a
26 representative of Enterprise Florida, Inc., and a
27 representative of the Florida Tourism Industry Marketing
28 Corporation shall serve as ex officio, nonvoting members of
29 the council, and shall be in addition to the 17 appointed
30 members of the council.
31
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1 (f) Absence from three consecutive meetings shall
2 result in automatic removal from the council.
3 (g) A vacancy on the council shall be filled for the
4 remainder of the unexpired term by the official who appointed
5 the vacating member.
6 (h) No more than one member of the council may be an
7 employee of any one company, organization, or association.
8 (i) Any member shall be eligible for reappointment but
9 may not serve more than two consecutive terms.
10 (4) MEETINGS; ORGANIZATION.--
11 (a) The council shall meet no less frequently than
12 once each quarter of the calendar year, but may meet more
13 often as set by the council.
14 (b) The council shall annually elect one member to
15 serve as chair of the council and one member to serve as vice
16 chair. The Governor's Office of the Film and Entertainment
17 Commissioner shall provide staff assistance to the council,
18 which shall include, but not be limited to, keeping records of
19 the proceedings of the council, and serving as custodian of
20 all books, documents, and papers filed with the council.
21 (c) A majority of the members of the council shall
22 constitute a quorum.
23 (d) Members of the council shall serve without
24 compensation, but shall be entitled to reimbursement for per
25 diem and travel expenses in accordance with s. 112.061 while
26 in performance of their duties.
27 (5) POWERS AND DUTIES.--The Florida Film and
28 Entertainment Advisory Council shall have all the powers
29 necessary or convenient to carry out and effectuate the
30 purposes and provisions of this act, including, but not
31 limited to, the power to:
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1 (a) Adopt bylaws for the governance of its affairs and
2 the conduct of its business.
3 (b) Advise and consult with the Governor's Office of
4 the Film and Entertainment Commissioner on the content,
5 development, and implementation of the 5-year strategic plan
6 to guide the activities of the office.
7 (c) Review the Film Commissioner's administration by
8 the Commissioner of Film and Entertainment of the programs
9 related to the strategic plan, and advise the commissioner on
10 the programs and any changes that might be made to better meet
11 the strategic plan.
12 (d) Consider and study the needs of the entertainment
13 industry for the purpose of advising the commissioner and the
14 Office of Tourism, Trade, and Economic Development.
15 (e) Identify and make recommendations on state agency
16 and local government actions that may have an impact on the
17 entertainment industry or that may appear to industry
18 representatives as an official state or local action affecting
19 production in the state.
20 (f) Consider all matters submitted to it by the
21 commissioner and the Office of Tourism, Trade, and Economic
22 Development.
23 (g) Advise and consult with the commissioner and the
24 Office of Tourism, Trade, and Economic Development, at their
25 request or upon its own initiative, regarding the
26 promulgation, administration, and enforcement of all laws and
27 rules relating to the entertainment industry.
28 (h) Suggest policies and practices for the conduct of
29 business by the Governor's Office of the Film and
30 Entertainment Commissioner or by the Office of Tourism, Trade,
31 and Economic Development that will improve internal operations
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1 affecting the entertainment industry and will enhance the
2 economic development initiatives of the state for the
3 industry.
4 (i) Appear on its own behalf before boards,
5 commissions, departments, or other agencies of municipal,
6 county, or state government, or the Federal Government.
7 Section 11. Section 288.1253, Florida Statutes, is
8 amended to read:
9 288.1253 Travel and entertainment expenses.--
10 (1) As used in this section:
11 (a) "Business client" means any person, other than a
12 state official or state employee, who receives the services of
13 representatives of the Governor's Office of the Film and
14 Entertainment Commissioner in connection with the performance
15 of its statutory duties, including persons or representatives
16 of entertainment industry companies considering location,
17 relocation, or expansion of an entertainment industry business
18 within the state.
19 (b) "Entertainment expenses" means the actual,
20 necessary, and reasonable costs of providing hospitality for
21 business clients or guests, which costs are defined and
22 prescribed by rules adopted by the Office of Tourism, Trade,
23 and Economic Development, subject to approval by the
24 Comptroller.
25 (c) "Guest" means a person, other than a state
26 official or state employee, authorized by the Office of
27 Tourism, Trade, and Economic Development to receive the
28 hospitality of the Governor's Office of the Film and
29 Entertainment Commissioner in connection with the performance
30 of its statutory duties.
31
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1 (d) "Travel expenses" means the actual, necessary, and
2 reasonable costs of transportation, meals, lodging, and
3 incidental expenses normally incurred by a traveler, which
4 costs are defined and prescribed by rules adopted by the
5 Office of Tourism, Trade, and Economic Development, subject to
6 approval by the Comptroller.
7 (2) Notwithstanding the provisions of s. 112.061, the
8 Office of Tourism, Trade, and Economic Development shall adopt
9 rules by which it may make expenditures by advancement or
10 reimbursement, or a combination thereof, to:
11 (a) The Governor, the Lieutenant Governor, security
12 staff of the Governor or Lieutenant Governor, the Film
13 Commissioner of Film and Entertainment, or staff of the
14 Governor's Office of the Film and Entertainment Commissioner
15 for travel expenses or entertainment expenses incurred by such
16 individuals solely and exclusively in connection with the
17 performance of the statutory duties of the Governor's Office
18 of the Film and Entertainment Commissioner.
19 (b) The Governor, the Lieutenant Governor, security
20 staff of the Governor or Lieutenant Governor, the Film
21 Commissioner of Film and Entertainment, or staff of the
22 Governor's Office of the Film and Entertainment Commissioner
23 for travel expenses or entertainment expenses incurred by such
24 individuals on behalf of guests, business clients, or
25 authorized persons as defined in s. 112.061(2)(e) solely and
26 exclusively in connection with the performance of the
27 statutory duties of the Governor's Office of the Film and
28 Entertainment Commissioner.
29 (c) Third-party vendors for the travel or
30 entertainment expenses of guests, business clients, or
31 authorized persons as defined in s. 112.061(2)(e) incurred
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1 solely and exclusively while such persons are participating in
2 activities or events carried out by the Governor's Office of
3 the Film and Entertainment Commissioner in connection with
4 that office's statutory duties.
5
6 The rules shall be subject to approval by the Comptroller
7 prior to promulgation. The rules shall require the submission
8 of paid receipts, or other proof of expenditure prescribed by
9 the Comptroller, with any claim for reimbursement and shall
10 require, as a condition for any advancement of funds, an
11 agreement to submit paid receipts or other proof of
12 expenditure and to refund any unused portion of the
13 advancement within 15 days after the expense is incurred or,
14 if the advancement is made in connection with travel, within
15 10 working days after the traveler's return to headquarters.
16 However, with respect to an advancement of funds made solely
17 for travel expenses, the rules may allow paid receipts or
18 other proof of expenditure to be submitted, and any unused
19 portion of the advancement to be refunded, within 10 working
20 days after the traveler's return to headquarters. Operational
21 or promotional advancements, as defined in s. 288.35(4),
22 obtained pursuant to this section shall not be commingled with
23 any other state funds.
24 (3) The Office of Tourism, Trade, and Economic
25 Development shall prepare an annual report of the expenditures
26 of the Governor's Office of the Film and Entertainment
27 Commissioner and provide such report to the Legislature no
28 later than December 30 of each year for the expenditures of
29 the previous fiscal year. The report shall consist of a
30 summary of all travel, entertainment, and incidental expenses
31 incurred within the United States and all travel,
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1 entertainment, and incidental expenses incurred outside the
2 United States, as well as a summary of all successful projects
3 that developed from such travel.
4 (4) The Governor's Office of the Film and
5 Entertainment Commissioner and its employees and
6 representatives, when authorized, may accept and use
7 complimentary travel, accommodations, meeting space, meals,
8 equipment, transportation, and any other goods or services
9 necessary for or beneficial to the performance of the office's
10 duties and purposes, so long as such acceptance or use is not
11 in conflict with part III of chapter 112. The Office of
12 Tourism, Trade, and Economic Development shall, by rule,
13 develop internal controls to ensure that such goods or
14 services accepted or used pursuant to this subsection are
15 limited to those that will assist solely and exclusively in
16 the furtherance of the office's goals and are in compliance
17 with part III of chapter 112.
18 (5) Any claim submitted under this section shall not
19 be required to be sworn to before a notary public or other
20 officer authorized to administer oaths, but any claim
21 authorized or required to be made under any provision of this
22 section shall contain a statement that the expenses were
23 actually incurred as necessary travel or entertainment
24 expenses in the performance of official duties of the
25 Governor's Office of the Film and Entertainment Commissioner
26 and shall be verified by written declaration that it is true
27 and correct as to every material matter. Any person who
28 willfully makes and subscribes to any claim which he or she
29 does not believe to be true and correct as to every material
30 matter or who willfully aids or assists in, procures, or
31 counsels or advises with respect to, the preparation or
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1 presentation of a claim pursuant to this section that is
2 fraudulent or false as to any material matter, whether or not
3 such falsity or fraud is with the knowledge or consent of the
4 person authorized or required to present the claim, commits a
5 misdemeanor of the second degree, punishable as provided in s.
6 775.082 or s. 775.083. Whoever receives an advancement or
7 reimbursement by means of a false claim is civilly liable, in
8 the amount of the overpayment, for the reimbursement of the
9 public fund from which the claim was paid.
10 Section 12. Subsections (2) and (7) of section
11 288.901, Florida Statutes, are amended to read:
12 288.901 Enterprise Florida, Inc.; creation;
13 membership; organization; meetings; disclosure.--
14 (2) Enterprise Florida, Inc., shall establish one or
15 more corporate offices, at least one of which shall be located
16 in Leon County. The Department of Management Services may
17 establish a lease agreement program under which Enterprise
18 Florida, Inc., may hire any individual who, as of June 30,
19 1996, is employed by the Department of Commerce or who, as of
20 January 1, 1997, is employed by the Executive Office of the
21 Governor and has responsibilities specifically in support of
22 the Workforce Development Board established under s. 288.9952
23 288.9620. Under such agreement, the employee shall retain his
24 or her status as a state employee but shall work under the
25 direct supervision of Enterprise Florida, Inc. Retention of
26 state employee status shall include the right to participate
27 in the Florida Retirement System. The Department of Management
28 Services shall establish the terms and conditions of such
29 lease agreements.
30 (7) The Governor or the Governor's designee shall
31 serve as chairperson of the board of directors. The board of
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1 directors shall biennially elect one of its appointive members
2 as vice chairperson. The president shall keep a record of the
3 proceedings of the board of directors and is the custodian of
4 all books, documents, and papers filed with the board of
5 directors, the minutes of the board of directors, and the
6 official seal of Enterprise Florida, Inc.
7 Section 13. Subsection (2) of section 288.9015,
8 Florida Statutes, is amended to read:
9 288.9015 Enterprise Florida, Inc.; purpose; duties.--
10 (2) It shall be the responsibility of Enterprise
11 Florida, Inc., to aggressively market Florida's rural
12 communities and distressed urban communities as locations for
13 potential new investment, to aggressively assist in the
14 retention and expansion of existing businesses in these
15 communities, and to aggressively assist these communities in
16 the identification and development of new economic development
17 opportunities for job creation. Enterprise Florida, Inc.,
18 shall use and promote existing state programs to facilitate
19 the location of new investment, the retention and expansion of
20 existing businesses, and the identification and development of
21 new economic development opportunities for job creation. Such
22 programs include, but are not limited to: the Community
23 Contribution Tax Credit Program as provided in ss. 220.183 and
24 624.5105; the Urban High-Crime Area Job Tax Credit Program as
25 provided in ss. 212.097 and 220.1895; the Rural Job Tax Credit
26 Program as provided in ss. 212.098 and 220.1895; and the state
27 incentives available in enterprise zones as provided in s.
28 290.007.
29 Section 14. Section 288.980, Florida Statutes, is
30 amended to read:
31
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1 288.980 Military base retention; legislative intent;
2 grants program.--
3 (1)(a) It is the intent of this state to provide the
4 necessary means to assist communities with military
5 installations that would be adversely affected by federal base
6 realignment or closure actions. It is further the intent to
7 encourage communities to initiate a coordinated program of
8 response and plan of action in advance of future actions of
9 the federal Base Realignment and Closure Commission. It is
10 critical that closure-vulnerable communities develop such a
11 program to preserve affected military installations. The
12 Legislature hereby recognizes that the state needs to
13 coordinate all efforts that can facilitate the retention of
14 all remaining military installations in the state. The
15 Legislature, therefore, declares that providing such
16 assistance to support the defense-related initiatives within
17 this section is a public purpose for which public money may be
18 used.
19 (b) The Florida Defense Alliance, an organization
20 within Enterprise Florida, is designated as the organization
21 to ensure that Florida, its resident military bases and
22 missions, and its military host communities are in competitive
23 positions as the United States continues its defense
24 realignment and downsizing. The defense alliance shall serve
25 as an overall advisory body for Enterprise Florida
26 defense-related activity. The Florida Defense Alliance may
27 receive funding from appropriations made for that purpose to
28 administered by the Office of Tourism, Trade, and Economic
29 Development and administered by Enterprise Florida, Inc.
30 (2)(a) The Office of Tourism, Trade, and Economic
31 Development is authorized to award grants based upon the
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1 recommendation of Enterprise Florida, Inc., and for
2 administration by Enterprise Florida, Inc., from any funds
3 available to it to support activities related to the retention
4 of military installations potentially affected by federal base
5 closure or realignment.
6 (b) The term "activities" as used in this section
7 means studies, presentations, analyses, plans, and modeling.
8 Staff salaries are not considered an "activity" for which
9 grant funds may be awarded. Travel costs and costs incidental
10 thereto incurred by a grant recipient shall be considered an
11 "activity" for which grant funds may be awarded.
12 (c) Except for grants issued pursuant to the Florida
13 Military Installation Reuse Planning and Marketing Grant
14 Program as described in paragraph (3)(c), the amount of any
15 grant provided to an applicant may not exceed $250,000. In
16 making recommendations to the Office of Tourism, Trade, and
17 Economic Development, Enterprise Florida, Inc., shall require
18 that an applicant:
19 1. Represent a local government with a military
20 installation or military installations that could be adversely
21 affected by federal base realignment or closure.
22 2. Agree to match at least 30 percent of any grant
23 awarded.
24 3. Prepare a coordinated program or plan of action
25 delineating how the eligible project will be administered and
26 accomplished.
27 4. Provide documentation describing the potential for
28 realignment or closure of a military installation located in
29 the applicant's community and the adverse impacts such
30 realignment or closure will have on the applicant's community.
31
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1 (d) In making recommendations for grant awards,
2 Enterprise Florida, Inc., the office shall consider, at a
3 minimum, the following factors:
4 1. The relative value of the particular military
5 installation in terms of its importance to the local and state
6 economy relative to other military installations vulnerable to
7 closure.
8 2. The potential job displacement within the local
9 community should the military installation be closed.
10 3. The potential adverse impact on industries and
11 technologies which service the military installation.
12 (3) The Florida Economic Reinvestment Initiative is
13 established to respond to the need for this state and
14 defense-dependent communities in this state to develop
15 alternative economic diversification strategies to lessen
16 reliance on national defense dollars in the wake of base
17 closures and reduced federal defense expenditures and the need
18 to formulate specific base reuse plans and identify any
19 specific infrastructure needed to facilitate reuse. The
20 initiative shall consist of the following three distinct grant
21 programs to be administered by Enterprise Florida, Inc. the
22 Office of Tourism, Trade, and Economic Development:
23 (a) The Florida Defense Planning Grant Program,
24 through which funds shall be used to analyze the extent to
25 which the state is dependent on defense dollars and defense
26 infrastructure and prepare alternative economic development
27 strategies. The state shall work in conjunction with
28 defense-dependent communities in developing strategies and
29 approaches that will help communities make the transition from
30 a defense economy to a nondefense economy. Grant awards may
31
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1 not exceed $250,000 per applicant and shall be available on a
2 competitive basis.
3 (b) The Florida Defense Implementation Grant Program,
4 through which funds shall be made available to
5 defense-dependent communities to implement the diversification
6 strategies developed pursuant to paragraph (a). Eligible
7 applicants include defense-dependent counties and cities, and
8 local economic development councils located within such
9 communities. Grant awards may not exceed $100,000 per
10 applicant and shall be available on a competitive basis.
11 Awards shall be matched on a one-to-one basis.
12 (c) The Florida Military Installation Reuse Planning
13 and Marketing Grant Program, through which funds shall be used
14 to help counties, cities, and local economic development
15 councils develop and implement plans for the reuse of closed
16 or realigned military installations, including any necessary
17 infrastructure improvements needed to facilitate reuse and
18 related marketing activities.
19
20 Applications for grants under this subsection must include a
21 coordinated program of work or plan of action delineating how
22 the eligible project will be administered and accomplished,
23 which must include a plan for ensuring close cooperation
24 between civilian and military authorities in the conduct of
25 the funded activities and a plan for public involvement. The
26 director of the Office of Tourism, Trade, and Economic
27 Development shall make the final decision on all grant awards.
28 (4)(a) The Defense-Related Business Adjustment Program
29 is hereby created. Enterprise Florida, Inc., The Director of
30 the Office of Tourism, Trade, and Economic Development shall
31 coordinate the development of the Defense-Related Business
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1 Adjustment Program. Funds shall be available to assist
2 defense-related companies in the creation of increased
3 commercial technology development through investments in
4 technology. Such technology must have a direct impact on
5 critical state needs for the purpose of generating
6 investment-grade technologies and encouraging the partnership
7 of the private sector and government defense-related business
8 adjustment. The following areas shall receive precedence in
9 consideration for funding commercial technology development:
10 law enforcement or corrections, environmental protection,
11 transportation, education, and health care. Travel and costs
12 incidental thereto, and staff salaries, are not considered an
13 "activity" for which grant funds may be awarded.
14 (b) In making recommendations to the Office of
15 Tourism, Trade, and Economic Development for grant awards,
16 Enterprise Florida, Inc., The office shall require that an
17 applicant:
18 1. Be a defense-related business that could be
19 adversely affected by federal base realignment or closure or
20 reduced defense expenditures.
21 2. Agree to match at least 50 percent of any funds
22 awarded by the department in cash or in-kind services. Such
23 match shall be directly related to activities for which the
24 funds are being sought.
25 3. Prepare a coordinated program or plan delineating
26 how the funds will be administered.
27 4. Provide documentation describing how
28 defense-related realignment or closure will adversely impact
29 defense-related companies.
30 (5) The Retention of Military Installations Program is
31 created. The Director of the Office of Tourism, Trade, and
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1 Economic Development shall coordinate and implement this
2 program. The sum of $1.2 million is appropriated from the
3 General Revenue Fund for fiscal year 1999-2000 to the Office
4 of Tourism, Trade, and Economic Development to implement this
5 program for military installations located in counties with a
6 population greater than 824,000. The funds shall be used to
7 assist military installations potentially affected by federal
8 base closure or realignment in covering current operating
9 costs in an effort to retain the installation in this state.
10 An eligible military installation for this program shall
11 include a provider of simulation solutions for war-fighting
12 experimentation, testing, and training which employs at least
13 500 civilian and military employees and has been operating in
14 the state for a period of more than 10 years.
15 (6) The director may award nonfederal matching funds
16 specifically appropriated for construction, maintenance, and
17 analysis of a Florida defense workforce database. Such funds
18 will be used to create a registry of worker skills that can be
19 used to match the worker needs of companies that are
20 relocating to this state or to assist workers in relocating to
21 other areas within this state where similar or related
22 employment is available.
23 (5)(7) Payment of administrative expenses shall be
24 limited to no more than 10 percent of any grants issued
25 pursuant to this section.
26 (6)(8) Enterprise Florida, Inc., The Office of
27 Tourism, Trade, and Economic Development shall develop
28 establish guidelines to implement and carry out the purpose
29 and intent of this section. The Office of Tourism, Trade, and
30 Economic Development must approve the guidelines before their
31 implementation.
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1 Section 15. Paragraphs (a) and (e) of subsection (7),
2 paragraphs (a) and (c) of subsection (8), paragraph (h) of
3 subsection (10), subsection (12), and paragraph (b) of
4 subsection (14) of section 288.99, Florida Statutes, are
5 amended to read:
6 288.99 Certified Capital Company Act.--
7 (7) ANNUAL TAX CREDIT; MAXIMUM AMOUNT; ALLOCATION
8 PROCESS.--
9 (a) The total amount of tax credits which may be
10 allocated by the office or the department shall not exceed
11 $150 million. The total amount of tax credits which may be
12 used by certified investors under this act shall not exceed
13 $15 million annually.
14 (e) If a certified capital company does not receive
15 certified capital equaling the amount of premium tax credits
16 allocated to a potential certified investor for which the
17 investor filed a premium tax allocation claim within 10
18 business days after the investor received a notice of
19 allocation, the certified capital company shall notify the
20 department office by overnight common carrier delivery service
21 of the company's failure to receive the capital. That portion
22 of the premium tax credits allocated to the certified capital
23 company shall be forfeited. If the department office must
24 make a pro rata allocation under paragraph (f), the department
25 office shall reallocate such available credits among the other
26 certified capital companies on the same pro rata basis as the
27 initial allocation.
28 (8) ANNUAL TAX CREDIT; CLAIM PROCESS.--
29 (a) On an annual basis, on or before December 31, each
30 certified capital company shall file with the department and
31
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1 the office, in consultation with the department, on a form
2 prescribed by the department office, for each calendar year:
3 1. The total dollar amount the certified capital
4 company received from certified investors, the identity of the
5 certified investors, and the amount received from each
6 certified investor during the calendar year.
7 2. The total dollar amount the certified capital
8 company invested and the amount invested in qualified
9 businesses, together with the identity and location of those
10 businesses and the amount invested in each qualified business.
11 3. For informational purposes only, the total number
12 of permanent, full-time jobs either created or retained by the
13 qualified business during the calendar year, the average wage
14 of the jobs created or retained, the industry sectors in which
15 the qualified businesses operate, and any additional capital
16 invested in qualified businesses from sources other than
17 certified capital companies.
18 (c) The department office shall review the form, and
19 any supplemental documentation, submitted by each certified
20 capital company for the purpose of verifying:
21 1. That the businesses in which certified capital has
22 been invested by the certified capital company are in fact
23 qualified businesses, and that the amount of certified capital
24 invested by the certified capital company is as represented in
25 the form.
26 2. The amount of certified capital invested in the
27 certified capital company by the certified investors.
28 3. The amount of premium tax credit available to
29 certified investors.
30 (10) DECERTIFICATION.--
31
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1 (h) The department office shall send written notice to
2 the address of each certified investor whose premium tax
3 credit has been subject to recapture or forfeiture, using the
4 address last shown on the last premium tax filing.
5 (12) REPORTING REQUIREMENTS.--The department office
6 shall report annually on an annual basis to the Governor, the
7 President of the Senate, and the Speaker of the House of
8 Representatives on or before April 1:
9 (a) The total dollar amount each certified capital
10 company received from all certified investors and any other
11 investor, the identity of the certified investors, and the
12 total amount of premium tax credit used by each certified
13 investor for the previous calendar year.
14 (b) The total dollar amount invested by each certified
15 capital company and that portion invested in qualified
16 businesses, the identity and location of those businesses, the
17 amount invested in each qualified business, and the total
18 number of permanent, full-time jobs created or retained by
19 each qualified business.
20 (c) The return for the state as a result of the
21 certified capital company investments, including the extent to
22 which:
23 1. Certified capital company investments have
24 contributed to employment growth.
25 2. The wage level of businesses in which certified
26 capital companies have invested exceed the average wage for
27 the county in which the jobs are located.
28 3. The investments of the certified capital companies
29 in qualified businesses have contributed to expanding or
30 diversifying the economic base of the state.
31 (14) RULEMAKING AUTHORITY.--
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1 (b) The department office may adopt any rules
2 necessary to carry out its duties, obligations, and powers
3 related to the administration, review, and reporting
4 provisions of this section and may perform any other acts
5 necessary for the proper administration and enforcement of
6 such duties, obligations, and powers.
7 Section 16. Subsection (6) of section 373.4149,
8 Florida Statutes, is amended to read:
9 373.4149 Miami-Dade County Lake Belt Plan.--
10 (6) The Miami-Dade County Lake Belt Plan
11 Implementation Committee shall be appointed by the governing
12 board of the South Florida Water Management District to
13 develop a strategy for the design and implementation of the
14 Miami-Dade County Lake Belt Plan. The committee shall consist
15 of the chair of the governing board of the South Florida Water
16 Management District, who shall serve as chair of the
17 committee, the policy director of Environmental and Growth
18 Management in the office of the Governor, the secretary of the
19 Department of Environmental Protection, the director of the
20 Division of Water Facilities or its successor division within
21 the Department of Environmental Protection, the director of
22 the Office of Tourism, Trade, and Economic Development within
23 the office of the Governor, the secretary of the Department of
24 Community Affairs, the executive director of the Game and
25 Freshwater Fish Commission, the director of the Department of
26 Environmental Resource Management of Miami-Dade County, the
27 director of the Miami-Dade County Water and Sewer Department,
28 the Director of Planning in Miami-Dade County, a
29 representative of the Friends of the Everglades, a
30 representative of the Florida Audubon Society, a
31 representative of the Florida chapter of the Sierra Club, four
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1 representatives of the nonmining private landowners within the
2 Miami-Dade County Lake Belt Area, and four representatives
3 from the limestone mining industry to be appointed by the
4 governing board of the South Florida Water Management
5 District. Two ex officio seats on the committee will be filled
6 by one member of the Florida House of Representatives to be
7 selected by the Speaker of the House of Representatives from
8 among representatives whose districts, or some portion of
9 whose districts, are included within the geographical scope of
10 the committee as described in subsection (3), and one member
11 of the Florida Senate to be selected by the President of the
12 Senate from among senators whose districts, or some portion of
13 whose districts, are included within the geographical scope of
14 the committee as described in subsection (3). The committee
15 may appoint other ex officio members, as needed, by a majority
16 vote of all committee members. A committee member may
17 designate in writing an alternate member who, in the member's
18 absence, may participate and vote in committee meetings.
19 Section 17. The Institute of Food and Agricultural
20 Sciences at the University of Florida is authorized to enter
21 into contracts with the United States Department of
22 Agriculture and may receive grants of money to support the
23 Florida State Rural Development Council.
24 Section 18. Paragraph (a) of subsection (2) of section
25 414.026, Florida Statutes, is amended to read:
26 414.026 WAGES Program State Board of Directors.--
27 (2)(a) The board of directors shall be composed of the
28 following members:
29 1. The Commissioner of Education, or the
30 commissioner's designee.
31 2. The Secretary of Children and Family Services.
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1 3. The Secretary of Health.
2 4. The Secretary of Labor and Employment Security.
3 5. The Secretary of Community Affairs.
4 6. The Secretary of Transportation, or the secretary's
5 designee.
6 7. The director of the Office of Tourism, Trade, and
7 Economic Development, or his or her designee.
8 8. The chairperson of the Florida Partnership for
9 School Readiness.
10 9. The president of the Enterprise Florida workforce
11 development board, established under s. 288.9952.
12 10. The chief executive officer of the Florida Tourism
13 Industry Marketing Corporation, established under s. 288.1226,
14 or his or her designee.
15 11. Nine members appointed by the Governor, as
16 follows:
17 a. Six members shall be appointed from a list of ten
18 nominees, of which five must be submitted by the President of
19 the Senate and five must be submitted by the Speaker of the
20 House of Representatives. The list of five nominees submitted
21 by the President of the Senate and the Speaker of the House of
22 Representatives must each contain at least three individuals
23 employed in the private sector, two of whom must have
24 management experience. One of the five nominees submitted by
25 the President of the Senate and one of the five nominees
26 submitted by the Speaker of the House of Representatives must
27 be an elected local government official who shall serve as an
28 ex officio nonvoting member.
29 b. Three members shall be at-large members appointed
30 by the Governor.
31
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1 c. Of the nine members appointed by the Governor, at
2 least six must be employed in the private sector and of these,
3 at least five must have management experience.
4
5 The members appointed by the Governor shall be appointed to
6 4-year, staggered terms. Within 60 days after a vacancy occurs
7 on the board, the Governor shall fill the vacancy of a member
8 appointed from the nominees submitted by the President of the
9 Senate and the Speaker of the House of Representatives for the
10 remainder of the unexpired term from one nominee submitted by
11 the President of the Senate and one nominee submitted by the
12 Speaker of the House of Representatives. Within 60 days after
13 a vacancy of a member appointed at-large by the Governor
14 occurs on the board, the Governor shall fill the vacancy for
15 the remainder of the unexpired term. The composition of the
16 board must generally reflect the racial, gender, and ethnic
17 diversity of the state as a whole.
18 Section 19. Paragraphs (a) and (e) of subsection (2)
19 and subsections (7), (8), (11), and (12) of section 212.097,
20 Florida Statutes, are amended to read:
21 212.097 Urban High-Crime Area Job Tax Credit
22 Program.--
23 (2) As used in this section, the term:
24 (a) "Eligible business" means any sole proprietorship,
25 firm, partnership, or corporation that is located in a
26 qualified county and is predominantly engaged in, or is
27 headquarters for a business predominantly engaged in,
28 activities usually provided for consideration by firms
29 classified within the following standard industrial
30 classifications: SIC 01 through SIC 09 (agriculture,
31 forestry, and fishing); SIC 20 through SIC 39 (manufacturing);
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1 SIC 52 through SIC 57 and SIC 59 (retail); SIC 422 (public
2 warehousing and storage); SIC 70 (hotels and other lodging
3 places); SIC 7391 (research and development); SIC 7992 (public
4 golf courses); and SIC 7996 (amusement parks). A call center
5 or similar customer service operation that services a
6 multistate market or international market is also an eligible
7 business. In addition, the Department of Community Affairs
8 Office of Tourism, Trade, and Economic Development may, as
9 part of its final budget request submitted pursuant to s.
10 216.023, recommend additions to or deletions from the list of
11 standard industrial classifications used to determine an
12 eligible business, and the Legislature may implement such
13 recommendations. Excluded from eligible receipts are receipts
14 from retail sales, except such receipts for SIC 52 through SIC
15 57 and SIC 59 (retail) hotels and other lodging places
16 classified in SIC 70, public golf courses in SIC 7992, and
17 amusement parks in SIC 7996. For purposes of this paragraph,
18 the term "predominantly" means that more than 50 percent of
19 the business's gross receipts from all sources is generated by
20 those activities usually provided for consideration by firms
21 in the specified standard industrial classification. The
22 determination of whether the business is located in a
23 qualified high-crime area and the tier ranking of that area
24 must be based on the date of application for the credit under
25 this section. Commonly owned and controlled entities are to be
26 considered a single business entity.
27 (e) "Qualified high-crime area" means an area selected
28 by the Department of Community Affairs Office of Tourism,
29 Trade, and Economic Development in the following manner: every
30 third year, the Department of Community Affairs office shall
31
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1 rank and tier those areas nominated under subsection (8),
2 according to the following prioritized criteria:
3 1. Highest arrest rates within the geographic area for
4 violent crime and for such other crimes as drug sale, drug
5 possession, prostitution, vandalism, and civil disturbances;
6 2. Highest reported crime volume and rate of specific
7 property crimes such as business and residential burglary,
8 motor vehicle theft, and vandalism;
9 3. Highest percentage of reported index crimes that
10 are violent in nature;
11 4. Highest overall index crime volume for the area;
12 and
13 5. Highest overall index crime rate for the geographic
14 area.
15
16 Tier-one areas are ranked 1 through 5 and represent the
17 highest crime areas according to this ranking. Tier-two areas
18 are ranked 6 through 10 according to this ranking. Tier-three
19 areas are ranked 11 through 15. Notwithstanding this
20 definition, "qualified high-crime area" also means an area
21 that has been designated as a federal Empowerment Zone
22 pursuant to the Taxpayer Relief Act of 1997. Such a designated
23 area is ranked in tier three until the areas are reevaluated
24 by the Department of Community Affairs Office of Tourism,
25 Trade, and Economic Development.
26 (7) Any county or municipality, or a county and one or
27 more municipalities together, may apply to the Department of
28 Community Affairs Office of Tourism, Trade, and Economic
29 Development for the designation of an area as a high-crime
30 area after the adoption by the governing body or bodies of a
31 resolution that:
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1 (a) Finds that a high-crime area exists in such county
2 or municipality, or in both the county and one or more
3 municipalities, which chronically exhibits extreme and
4 unacceptable levels of poverty, unemployment, physical
5 deterioration, and economic disinvestment;
6 (b) Determines that the rehabilitation, conservation,
7 or redevelopment, or a combination thereof, of such a
8 high-crime area is necessary in the interest of the health,
9 safety, and welfare of the residents of such county or
10 municipality, or such county and one or more municipalities;
11 and
12 (c) Determines that the revitalization of such a
13 high-crime area can occur if the public sector or private
14 sector can be induced to invest its own resources in
15 productive enterprises that build or rebuild the economic
16 viability of the area.
17 (8) The governing body of the entity nominating the
18 area shall provide to the Department of Community Affairs
19 Office of Tourism, Trade, and Economic Development the
20 following:
21 (a) The overall index crime rate for the geographic
22 area;
23 (b) The overall index crime volume for the area;
24 (c) The percentage of reported index crimes that are
25 violent in nature;
26 (d) The reported crime volume and rate of specific
27 property crimes such as business and residential burglary,
28 motor vehicle theft, and vandalism; and
29 (e) The arrest rates within the geographic area for
30 violent crime and for such other crimes as drug sale, drug
31
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1 possession, prostitution, disorderly conduct, vandalism, and
2 other public-order offenses.
3 (11)(a) In order to claim this credit, an eligible
4 business must file under oath with the Department of Community
5 Affairs Office of Tourism, Trade, and Economic Development a
6 statement that includes the name and address of the eligible
7 business and any other information that is required to process
8 the application.
9 (b) Within 30 working days after receipt of an
10 application for credit, the Office of Tourism, Trade, and
11 Economic Development shall review the application to determine
12 whether it contains all the information required by this
13 subsection and meets the criteria set out in this section.
14 Subject to the provisions of paragraph (c), the Department of
15 Community Affairs Office of Tourism, Trade, and Economic
16 Development shall approve all applications that contain the
17 information required by this subsection and meet the criteria
18 set out in this section as eligible to receive a credit.
19 (c) The maximum credit amount that may be approved
20 during any calendar year is $5 million, of which $1 million
21 shall be exclusively reserved for tier-one areas. The
22 Department of Revenue, in conjunction with the Department of
23 Community Affairs Office of Tourism, Trade, and Economic
24 Development, shall notify the governing bodies in areas
25 designated as urban high-crime areas when the $5 million
26 maximum amount has been reached. Applications must be
27 considered for approval in the order in which they are
28 received without regard to whether the credit is for a new or
29 existing business. This limitation applies to the value of
30 the credit as contained in approved applications. Approved
31
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1 credits may be taken in the time and manner allowed pursuant
2 to this section.
3 (12) If the application is insufficient to support the
4 credit authorized in this section, the Department of Community
5 Affairs Office of Tourism, Trade, and Economic Development
6 shall deny the credit and notify the business of that fact.
7 The business may reapply for this credit within 3 months after
8 such notification.
9 Section 20. Paragraphs (a) and (c) of subsection (2)
10 and subsections (7) and (8) of section 212.098, Florida
11 Statutes, are amended to read:
12 212.098 Rural Job Tax Credit Program.--
13 (2) As used in this section, the term:
14 (a) "Eligible business" means any sole proprietorship,
15 firm, partnership, or corporation that is located in a
16 qualified county and is predominantly engaged in, or is
17 headquarters for a business predominantly engaged in,
18 activities usually provided for consideration by firms
19 classified within the following standard industrial
20 classifications: SIC 01 through SIC 09 (agriculture,
21 forestry, and fishing); SIC 20 through SIC 39 (manufacturing);
22 SIC 422 (public warehousing and storage); SIC 70 (hotels and
23 other lodging places); SIC 7391 (research and development);
24 SIC 7992 (public golf courses); and SIC 7996 (amusement
25 parks). A call center or similar customer service operation
26 that services a multistate market or an international market
27 is also an eligible business. In addition, the Department of
28 Community Affairs Office of Tourism, Trade, and Economic
29 Development may, as part of its final budget request submitted
30 pursuant to s. 216.023, recommend additions to or deletions
31 from the list of standard industrial classifications used to
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1 determine an eligible business, and the Legislature may
2 implement such recommendations. Excluded from eligible
3 receipts are receipts from retail sales, except such receipts
4 for hotels and other lodging places classified in SIC 70,
5 public golf courses in SIC 7992, and amusement parks in SIC
6 7996. For purposes of this paragraph, the term
7 "predominantly" means that more than 50 percent of the
8 business's gross receipts from all sources is generated by
9 those activities usually provided for consideration by firms
10 in the specified standard industrial classification. The
11 determination of whether the business is located in a
12 qualified county and the tier ranking of that county must be
13 based on the date of application for the credit under this
14 section. Commonly owned and controlled entities are to be
15 considered a single business entity.
16 (c) "Qualified county" means a county that has a
17 population of fewer than 75,000 persons, or any county that
18 has a population of 100,000 or less and is contiguous to a
19 county that has a population of less than 75,000, selected in
20 the following manner: every third year, the Department of
21 Community Affairs Office of Tourism, Trade, and Economic
22 Development shall rank and tier the state's counties according
23 to the following four factors:
24 1. Highest unemployment rate for the most recent
25 36-month period.
26 2. Lowest per capita income for the most recent
27 36-month period.
28 3. Highest percentage of residents whose incomes are
29 below the poverty level, based upon the most recent data
30 available.
31
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1 4. Average weekly manufacturing wage, based upon the
2 most recent data available.
3
4 Tier-one qualified counties are those ranked 1 through 5 and
5 represent the state's least-developed counties according to
6 this ranking. Tier-two qualified counties are those ranked 6
7 through 10, and tier-three counties are those ranked 11
8 through 17. Notwithstanding this definition, "qualified
9 county" also means a county that contains an area that has
10 been designated as a federal Enterprise Community pursuant to
11 the 1999 Agricultural Appropriations Act. Such a designated
12 area shall be ranked in tier three until the areas are
13 reevaluated by the Department of Community Affairs Office of
14 Tourism, Trade, and Economic Development.
15 (7)(a) In order to claim this credit, an eligible
16 business must file under oath with the Department of Community
17 Affairs Office of Tourism, Trade, and Economic Development a
18 statement that includes the name and address of the eligible
19 business, the starting salary or hourly wages paid to the new
20 employee, and any other information that the Department of
21 Revenue requires.
22 (b) Within 30 working days after receipt of an
23 application for credit, the Department of Community Affairs
24 Office of Tourism, Trade, and Economic Development shall
25 review the application to determine whether it contains all
26 the information required by this subsection and meets the
27 criteria set out in this section. Subject to the provisions
28 of paragraph (c), the Department of Community Affairs Office
29 of Tourism, Trade, and Economic Development shall approve all
30 applications that contain the information required by this
31
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1 subsection and meet the criteria set out in this section as
2 eligible to receive a credit.
3 (c) The maximum credit amount that may be approved
4 during any calendar year is $5 million. The Department of
5 Revenue, in conjunction with the Department of Community
6 Affairs Office of Tourism, Trade, and Economic Development,
7 shall notify the governing bodies in areas designated as
8 qualified counties when the $5 million maximum amount has been
9 reached. Applications must be considered for approval in the
10 order in which they are received without regard to whether the
11 credit is for a new or existing business. This limitation
12 applies to the value of the credit as contained in approved
13 applications. Approved credits may be taken in the time and
14 manner allowed pursuant to this section.
15 (8) If the application is insufficient to support the
16 credit authorized in this section, the Department of Community
17 Affairs Office of Tourism, Trade, and Economic Development
18 shall deny the credit and notify the business of that fact.
19 The business may reapply for this credit within 3 months after
20 such notification.
21 Section 21. Paragraph (d) of subsection (3) and
22 subsections (4), (5), and (6) of section 220.183, Florida
23 Statutes, are amended to read:
24 220.183 Community contribution tax credit.--
25 (3) AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX
26 CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM
27 SPENDING.--
28 (d) All proposals for the granting of the tax credit
29 shall require the prior approval of the Department of
30 Community Affairs Office of Tourism, Trade, and Economic
31 Development.
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1 (4) ELIGIBILITY REQUIREMENTS.--
2 (a) All community contributions by a business firm
3 shall be in the form specified in s. 220.03(1)(d).
4 (b) All community contributions must be reserved
5 exclusively for use in projects as defined in s. 220.03(1)(t).
6 (c) The project must be undertaken by an "eligible
7 sponsor," defined here as:
8 1. A community action program;
9 2. A community development corporation;
10 3. A neighborhood housing services corporation;
11 4. A local housing authority, created pursuant to
12 chapter 421;
13 5. A community redevelopment agency, created pursuant
14 to s. 163.356;
15 6. The Florida Industrial Development Corporation;
16 7. An historic preservation district agency or
17 organization;
18 8. A private industry council;
19 9. A direct-support organization as provided in s.
20 240.551;
21 10. An enterprise zone development agency created
22 pursuant to s. 290.0057; or
23 11. Such other agency as the Department of Community
24 Affairs Office of Tourism, Trade, and Economic Development
25 may, from time to time, designate by rule.
26
27 In no event shall a contributing business firm have a
28 financial interest in the eligible sponsor.
29 (d) The project shall be located in an area designated
30 as an enterprise zone pursuant to s. 290.0065. Any project
31
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1 designed to construct or rehabilitate low-income housing is
2 exempt from the area requirement of this paragraph.
3 (5) APPLICATION REQUIREMENTS.--
4 (a) Any eligible sponsor wishing to participate in
5 this program must submit a proposal to the Department of
6 Community Affairs Office of Tourism, Trade, and Economic
7 Development which sets forth the sponsor, the project, the
8 area in which the project is located, and such supporting
9 information as may be prescribed by rule. The proposal shall
10 also contain a resolution from the local governmental unit in
11 which the proposed project is located certifying that the
12 project is consistent with local plans and regulations.
13 (b) Any business wishing to participate in this
14 program must submit an application for tax credit to the
15 Department of Community Affairs Office of Tourism, Trade, and
16 Economic Development, which application sets forth the
17 sponsor; the project; and the type, value, and purpose of the
18 contribution. The sponsor shall verify the terms of the
19 application and indicate its willingness to receive the
20 contribution, which verification indicate its willingness to
21 receive the contribution, which verification shall be in
22 writing and shall accompany the application for tax credit.
23 (c) The business firm must submit a separate
24 application for tax credit for each individual contribution
25 which it proposes to contribute to each individual project.
26 (6) ADMINISTRATION.--
27 (a) The Office of Tourism, Trade, and Economic
28 Development has authority to adopt rules pursuant to ss.
29 120.536(1) and 120.54 to implement the provisions of this
30 section, including rules for the approval or disapproval of
31 proposals by business firms.
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1 (a)(b) The decision of the Department of Community
2 Affairs Office of Tourism, Trade, and Economic Development
3 shall be in writing, and, if approved, the proposal shall
4 state the maximum credit allowable to the business firm. A
5 copy of the decision shall be transmitted to the executive
6 director of the Department of Revenue, who shall apply such
7 credit to the tax liability of the business firm.
8 (b)(c) The Department of Community Affairs Office of
9 Tourism, Trade, and Economic Development shall periodically
10 monitor all projects in a manner consistent with available
11 resources to ensure that resources are utilized in accordance
12 with this section; however, each project shall be reviewed no
13 less often than once every 2 years.
14 (c)(d) The Department of Revenue has authority to
15 adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
16 the provisions of this section.
17 Section 22. Section 220.1895, Florida Statutes, is
18 amended to read:
19 220.1895 Rural Job Tax Credit and Urban High-Crime
20 Area Job Tax Credit.--There shall be allowed a credit against
21 the tax imposed by this chapter amounts approved by the
22 Department of Community Affairs Office of Tourism, Trade, and
23 Economic Development pursuant to the Rural Job Tax Credit
24 Program in s. 212.098 and the Urban High-Crime Area Job Tax
25 Credit Program in s. 212.097. A corporation that uses its
26 credit against the tax imposed by this chapter may not take
27 the credit against the tax imposed by chapter 212. If any
28 credit granted under this section is not fully used in the
29 first year for which it becomes available, the unused amount
30 may be carried forward for a period not to exceed 5 years. The
31 carryover may be used in a subsequent year when the tax
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1 imposed by this chapter for such year exceeds the credit for
2 such year under this section after applying the other credits
3 and unused credit carryovers in the order provided in s.
4 220.02(10). The Department of Community Affairs Office of
5 Tourism, Trade, and Economic Development shall conduct a
6 review of the Urban High-Crime Area Job Tax Credit and the
7 Rural Job Tax Credit Program and submit its report to the
8 Governor, the President of the Senate, and the Speaker of the
9 House of Representatives by February 1, 2000, and annually
10 thereafter.
11 Section 23. Paragraph (a) of subsection (5), paragraph
12 (a) of subsection (6), and subsection (7) of section 624.5105,
13 Florida Statutes, are amended to read:
14 624.5105 Community contribution tax credit;
15 legislative findings; policy and purpose; authorization;
16 limitations; eligibility and application requirements;
17 administration; definitions; expiration.--
18 (5) APPLICATION REQUIREMENTS.--
19 (a) Any eligible sponsor wishing to participate in
20 this program must submit a proposal to the Department of
21 Community Affairs Office of Tourism, Trade, and Economic
22 Development which sets forth the sponsor, the project, the
23 area in which the project is located, and such supporting
24 information as may be prescribed by rule. The proposal shall
25 also contain a resolution from the local governmental unit in
26 which the proposed project is located certifying that the
27 project is consistent with local plans and regulations.
28 (6) ADMINISTRATION.--
29 (a)1. The Office of Tourism, Trade, and Economic
30 Development is authorized to adopt all rules necessary to
31
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1 administer this section, including rules for the approval or
2 disapproval of proposals by insurers.
3 2. The decision of the Department of Community Affairs
4 director shall be in writing, and, if approved, the proposal
5 shall state the maximum credit allowable to the insurer. A
6 copy of the decision shall be transmitted to the executive
7 director of the Department of Revenue, who shall apply such
8 credit to the tax liability of the insurer.
9 2.3. The Department of Community Affairs office shall
10 monitor all projects periodically, in a manner consistent with
11 available resources to ensure that resources are utilized in
12 accordance with this section; however, each project shall be
13 reviewed no less frequently than once every 2 years.
14 (7) DEFINITIONS.--For the purpose of this section:
15 (a) "Community contribution" means the grant by an
16 insurer of any of the following items:
17 1. Cash or other liquid assets.
18 2. Real property.
19 3. Goods or inventory.
20 4. Other physical resources which are identified by
21 the department.
22 (b) "Director" means the director of the Office of
23 Tourism, Trade, and Economic Development.
24 (b)(c) "Local government" means any county or
25 incorporated municipality in the state.
26 (d) "Office" means the Office of Tourism, Trade, and
27 Economic Development.
28 (c)(e) "Project" means any activity undertaken by an
29 eligible sponsor, as defined in subsection (4), which is
30 designed to construct, improve, or substantially rehabilitate
31 housing or commercial, industrial, or public resources and
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1 facilities or to improve entrepreneurial and job-development
2 opportunities for low-income persons.
3 Section 24. Subsections (11) and (12) of section
4 290.0056, Florida Statutes, are amended to read:
5 290.0056 Enterprise zone development agency.--
6 (11) Prior to December 1 of each year, the agency
7 shall submit to Enterprise Florida, Inc., the Office of
8 Tourism, Trade, and Economic Development a complete and
9 detailed written report setting forth:
10 (a) Its operations and accomplishments during the
11 fiscal year.
12 (b) The accomplishments and progress concerning the
13 implementation of the strategic plan.
14 (c) The number and type of businesses assisted by the
15 agency during the fiscal year.
16 (d) The number of jobs created within the enterprise
17 zone during the fiscal year.
18 (e) The usage and revenue impact of state and local
19 incentives granted during the calendar year.
20 (f) Any other information required by Enterprise
21 Florida, Inc the office.
22 (12) In the event that the nominated area selected by
23 the governing body is not designated a state enterprise zone,
24 the governing body may dissolve the agency after receiving
25 notification from Enterprise Florida, Inc., or the department
26 or the office that the area was not designated as an
27 enterprise zone.
28 Section 25. Subsection (5) of section 290.0058,
29 Florida Statutes, is amended to read:
30 290.0058 Tests of pervasive poverty, unemployment, and
31 general distress.--
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1 (5) In making the calculations required by this
2 section, the local government and Enterprise Florida, Inc.,
3 the department shall round all fractional percentages of
4 one-half percent or more up to the next highest whole
5 percentage figure.
6 Section 26. Subsection (1), paragraph (b) of
7 subsection (4), and subsections (5), (6), (7), and (9) of
8 section 290.0065, Florida Statutes, are amended to read:
9 290.0065 State designation of enterprise zones.--
10 (1) Upon application to Enterprise Florida, Inc., of
11 the governing body of a county or municipality or of a county
12 and one or more municipalities jointly pursuant to s.
13 290.0055, Enterprise Florida, Inc. the department, in
14 consultation with the interagency coordinating council, shall
15 determine which areas nominated by such governing bodies meet
16 the criteria outlined in s. 290.0055 and are the most
17 appropriate for recommendation to the director of the Office
18 of Tourism, Trade, and Economic Development for designation as
19 state enterprise zones. The office department is authorized to
20 designate up to 5 areas within each of the categories
21 established in subparagraphs (3)(a)1., 2., 3., 4., and 5.,
22 except that the office department may only designate a total
23 of 20 areas as enterprise zones. The office department shall
24 not designate more than three enterprise zones in any one
25 county. All designations, including any provision for
26 redesignations, of state enterprise zones pursuant to this
27 section shall be effective July 1, 1995.
28 (4)
29 (b) The office department shall place any area
30 designated as a state enterprise zone pursuant to this
31 subsection in the appropriate category established in
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1 subsection (3), and include such designations within the
2 limitations on state enterprise zone designations set out in
3 subsection (1).
4 (5) Notwithstanding s. 290.0055, an area designated as
5 a federal empowerment zone or enterprise community pursuant to
6 Title XIII of the Omnibus Budget Reconciliation Act of 1993,
7 the Taxpayer Relief Act of 1997, or the 1999 Agricultural
8 Appropriations Act shall be designated a state enterprise zone
9 as follows:
10 (a) An area designated as an urban empowerment zone or
11 urban enterprise community pursuant to Title XIII of the
12 Omnibus Budget Reconciliation Act of 1993 or the Taxpayer
13 Relief Act of 1997 shall be designated a state enterprise zone
14 by the office department upon completion of the requirements
15 set out in paragraph (d), except in the case of a county as
16 defined in s. 125.011(1) which, notwithstanding s. 290.0055,
17 may incorporate and include such designated urban empowerment
18 zone or urban enterprise community areas within the boundaries
19 of its state enterprise zones without any limitation as to
20 size.
21 (b) An area designated as a rural empowerment zone or
22 rural enterprise community pursuant to Title XIII of the
23 Omnibus Budget Reconciliation Act of 1993 or the 1999
24 Agricultural Appropriations Act shall be designated a state
25 enterprise zone by the office department upon completion of
26 the requirements set out in paragraph (d).
27 (c) Any county or municipality having jurisdiction
28 over an area designated as a state enterprise zone pursuant to
29 this subsection, other than a county defined in s. 125.011(1),
30 may not apply for designation of another area.
31
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1 (d) Prior to recommending that the office designate
2 designating such areas as state enterprise zones, Enterprise
3 Florida, Inc., the department shall ensure that the governing
4 body having jurisdiction over the zone submits the strategic
5 plan required pursuant to 7 C.F.R. part 25 or 24 C.F.R. part
6 597 to Enterprise Florida, Inc. the department, and creates an
7 enterprise zone development agency pursuant to s. 290.0056.
8 (e) The office department shall place any area
9 designated as a state enterprise zone pursuant to this
10 subsection in the appropriate category established in
11 subsection (3), and include such designations within the
12 limitations on state enterprise zone designations set out in
13 subsection (1).
14 (6)(a) The office department, in consultation with
15 Enterprise Florida, Inc., and the interagency coordinating
16 council, may develop guidelines shall promulgate any rules
17 necessary for the approval of areas under this section by the
18 director secretary.
19 (b) Such guidelines may rules shall provide for the
20 measurement of pervasive poverty, unemployment, and general
21 distress using the criteria outlined by s. 290.0058.
22 (c) Such guidelines may rules shall provide for the
23 evaluation of the strategic plan and local fiscal and
24 regulatory incentives for effectiveness, including how the
25 following key principles will be implemented by the governing
26 body or bodies:
27 1. Economic opportunity, including job creation within
28 the community and throughout the region, as well as
29 entrepreneurial initiatives, small business expansion, and
30 training for jobs that offer upward mobility.
31
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1 2. Sustainable community development that advances the
2 creation of livable and vibrant communities through
3 comprehensive approaches that coordinate economic, physical,
4 community, and human development.
5 3. Community-based partnerships involving the
6 participation of all segments of the community.
7 4. Strategic vision for change that identifies how the
8 community will be revitalized. This vision should include
9 methods for building on community assets and coordinate a
10 response to community needs in a comprehensive fashion. This
11 vision should provide goals and performance benchmarks for
12 measuring progress and establish a framework for evaluating
13 and adjusting the strategic plan.
14 5. Local fiscal and regulatory incentives enacted
15 pursuant to s. 290.0057(1)(e). These incentives should induce
16 economic revitalization, including job creation and small
17 business expansion.
18 (d) Such guidelines may rules shall provide methods
19 for evaluating the prospects for new investment and economic
20 development in the area, including a review and evaluation of
21 any previous state enterprise zones located in the area.
22 (7) Upon approval by the director secretary of a
23 resolution authorizing an area to be an enterprise zone
24 pursuant to this section, the office department shall assign a
25 unique identifying number to that resolution. The office
26 department shall provide the Department of Revenue and
27 Enterprise Florida, Inc., with a copy of each resolution
28 approved, together with its identifying number.
29 (9) Upon recommendation by Enterprise Florida, Inc.,
30 the Office of Tourism, Trade, and Economic Development may
31 amend the boundaries of any enterprise zone designated by the
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1 state pursuant to this section, consistent with the
2 categories, criteria, and limitations imposed in this section
3 upon the establishment of such enterprise zone and only if
4 consistent with the determinations made in s. 290.0058(2).
5 Section 27. Subsection (1) of section 290.0066,
6 Florida Statutes, is amended to read:
7 290.0066 Revocation of enterprise zone designation.--
8 (1) Upon recommendation by Enterprise Florida, Inc.,
9 the director may revoke the designation of an enterprise zone
10 if Enterprise Florida, Inc., the director determines that the
11 governing body or bodies:
12 (a) Have failed to make progress in achieving the
13 benchmarks set forth in the strategic plan; or
14 (b) Have not complied substantially with the strategic
15 plan.
16 Section 28. Section 290.00675, Florida Statutes, is
17 amended to read:
18 290.00675 Amendment of certain enterprise zone
19 boundaries.--Notwithstanding any other provisions of law, upon
20 recommendation by Enterprise Florida, Inc., the Office of
21 Tourism, Trade, and Economic Development may amend the
22 boundaries of an area designated as an enterprise zone in a
23 community having a population of 235,000 persons but less than
24 245,000, so long as the area does not increase the overall
25 size of the zone by greater than 25 acres and the increased
26 area is contiguous to the existing enterprise zone. The
27 amendment must also be consistent with the limitations imposed
28 by s. 290.0055 upon establishment of the enterprise zone.
29 Section 29. Section 290.00689, Florida Statutes, is
30 amended to read:
31
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1 290.00689 Designation of enterprise zone pilot project
2 area.--
3 (1) The Office of Tourism, Trade, and Economic
4 Development shall designate one pilot project area within one
5 state enterprise zone. The Office of Tourism, Trade, and
6 Economic Development shall select a pilot project area by July
7 1, 1999, which meets the following qualifications:
8 (a) The area is contained within an enterprise zone
9 that is composed of one contiguous area and is placed in the
10 category delineated in s. 290.0065(3)(a)1.
11 (b) The local government having jurisdiction over the
12 enterprise zone grants economic development ad valorem tax
13 exemptions in the enterprise zone pursuant to s. 196.1995, and
14 electrical energy public service tax exemptions pursuant to s.
15 166.231(8).
16 (c) The local government having jurisdiction over the
17 enterprise zone has developed a plan for revitalizing the
18 pilot project area or for revitalizing an area within the
19 enterprise zone that contains the pilot project area, and has
20 committed at least $5 million to redevelop an area including
21 the pilot project area.
22 (d) The pilot project area is contiguous and is
23 limited to no more than 70 acres, or equivalent square miles,
24 to avoid a dilution of additional state assistance and
25 effectively concentrate these additional resources on
26 revitalizing the acute area of economic distress.
27 (e) The pilot project area contains a diverse cluster
28 or grouping of facilities or space for a mix of retail,
29 restaurant, or service related businesses necessary to an
30 overall revitalization of surrounding neighborhoods through
31
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1 community involvement, investment, and enhancement of
2 employment markets.
3 (2)(a) Beginning December 1, 1999, no more than four
4 businesses located within the pilot project area are eligible
5 for a credit against any tax due for a taxable year under
6 chapters 212 and 220.
7 (b) The credit shall be computed as $5,000 times the
8 number of full-time employees of the business and $2,500 times
9 the number of part-time employees of the business. For
10 purposes of this section, a person shall be deemed to be
11 employed by such a business on a full-time basis if the person
12 performs duties in connection with the operations of the
13 business for an average of at least 36 hours per week each
14 month, or on a part-time basis if the person is performing
15 such duties for an average of at least 20 hours per week each
16 month throughout the year. The person must be performing such
17 duties at a business site located in the pilot project area.
18 (c) The total amount of tax credits that may be
19 granted under this section is $1 million annually. In the
20 event Enterprise Florida, Inc., the Office of Tourism, Trade,
21 and Economic Development receives applications that total more
22 than $1 million in any year, the director shall prorate the
23 amount of tax credit each applicant is eligible to receive to
24 ensure that all eligible applicants receive a tax credit.
25 (d) In order to be eligible to apply to Enterprise
26 Florida, Inc., the Office of Tourism, Trade, and Economic
27 Development for tax credits under this section a business
28 must:
29 1. Have entered into a contract with the developer of
30 the diverse cluster or grouping of facilities or space located
31
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1 in the pilot project area, governing lease of commercial space
2 in a facility.
3 2. Have commenced operations in the facility after
4 July 1, 1999, and before July 1, 2000.
5 3. Be a business predominantly engaged in activities
6 usually provided for consideration by firms classified under
7 the Standard Industrial Classification Manual Industry Number
8 5311, Industry Number 5399, or Industry Number 7832.
9 (e) All applications for the granting of the tax
10 credits allowed under this section shall require the prior
11 review and recommendation of Enterprise Florida, Inc., and
12 approval of the director of the Office of Tourism, Trade, and
13 Economic Development. At the recommendation of Enterprise
14 Florida, Inc., the director shall establish one submittal date
15 each year for the receipt of applications for such tax
16 credits.
17 (f) Any business wishing to receive tax credits
18 pursuant to this section must submit an application to
19 Enterprise Florida, Inc., the Office of Tourism, Trade, and
20 Economic Development which sets forth the business name and
21 address and the number of employees of the business.
22 (g) Upon the recommendation of Enterprise Florida,
23 Inc., the decision of the director shall be in writing, and,
24 if approved, the application shall state the maximum credits
25 allowable to the business. A copy of the decision shall be
26 transmitted to Enterprise Florida, Inc., and to the executive
27 director of the Department of Revenue, who shall apply such
28 credits to the tax liabilities of the business firm.
29 (h) If any credit granted pursuant to this section is
30 not fully used in any one year because of insufficient tax
31
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1 liability on the part of the business, the unused amount may
2 be carried forward for a period not to exceed 5 years.
3 (3) The Office of Tourism, Trade, and Economic
4 Development is authorized to adopt all rules necessary to
5 administer this section, including rules for the approval or
6 disapproval of applications for tax incentives by businesses.
7 (3)(4) The Department of Revenue shall adopt any rules
8 necessary to ensure the orderly implementation and
9 administration of this section.
10 (4)(5) For purposes of this section, "business" and
11 "taxable year" shall have the same meaning as in s. 220.03.
12 (5)(6) Prior to the 2004 Regular Session of the
13 Legislature, the Office of Program Policy Analysis and
14 Government Accountability shall review and evaluate the
15 effectiveness and viability of the pilot project area created
16 under this section, using the research design prescribed
17 pursuant to s. 290.015. The office shall specifically evaluate
18 whether relief from certain taxes induced new investment and
19 development in the area; increased the number of jobs created
20 or retained in the area; induced the renovation,
21 rehabilitation, restoration, improvement, or new construction
22 of businesses or housing within the area; and contributed to
23 the economic viability and profitability of business and
24 commerce located within the area. The office shall submit a
25 report of its findings and recommendations to the Speaker of
26 the House of Representatives and the President of the Senate
27 no later than January 15, 2004.
28 (6)(7) This section shall stand repealed on June 30,
29 2010, and any designation made pursuant to this section shall
30 be revoked on that date.
31
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1 Section 30. Subsection (1) and paragraph (a) of
2 subsection (2) of section 290.009, Florida Statutes, are
3 amended to read:
4 290.009 Enterprise Zone Interagency Coordinating
5 Council.--
6 (1) There is created within the Office of Tourism,
7 Trade, and Economic Development the Enterprise Zone
8 Interagency Coordinating Council. The council shall be
9 composed of the secretaries or executive directors, or their
10 designees, of the Department of Community Affairs, the Office
11 of Tourism, Trade, and Economic Development, the Department of
12 Children and Family Services, the Department of Health, the
13 Department of Juvenile Justice, the Department of Labor and
14 Employment Security, the Department of State, the Department
15 of Transportation, the Department of Environmental Protection,
16 the Department of Law Enforcement, and the Department of
17 Revenue; the Attorney General or his or her designee; and the
18 executive directors or their designees of the Florida
19 Community College System, the Florida Black Business
20 Investment Board, and the Florida State Rural Development
21 Council. Enterprise Florida, Inc., shall serve as staff to the
22 council.
23 (2) The purpose of the council is to:
24 (a) Advise Enterprise Florida, Inc., and the office in
25 planning, developing, implementing, and performing evaluation
26 and reporting activities related to the Florida Enterprise
27 Zone Act of 1994.
28 Section 31. Section 290.014, Florida Statutes, is
29 amended to read:
30 290.014 Annual reports on enterprise zones.--
31
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1 (1) By February 1 of each year, the Department of
2 Revenue shall submit an annual report to Enterprise Florida,
3 Inc., the Office of Tourism, Trade, and Economic Development
4 detailing the usage and revenue impact by county of the state
5 incentives listed in s. 290.007.
6 (2) By March 1 of each year, Enterprise Florida, Inc.,
7 the office shall submit an annual report to the Governor, the
8 Speaker of the House of Representatives, and the President of
9 the Senate, and the Office of Tourism, Trade, and Economic
10 Development. The report shall include the information provided
11 by the Department of Revenue pursuant to subsection (1) and
12 the information provided by enterprise zone development
13 agencies pursuant to s. 290.0056. In addition, the report
14 shall include an analysis of the activities and
15 accomplishments of each enterprise zone, and any additional
16 information prescribed pursuant to s. 290.015.
17 Section 32. Subsection (2) of section 288.017, Florida
18 Statutes, is amended to read:
19 288.017 Cooperative advertising matching grants
20 program.--
21 (2) The total annual allocation of funds for this
22 grant program may not exceed $100,000 $40,000. Each grant
23 awarded under the program shall be limited to no more than
24 $3,500 $2,500 and shall be matched by nonstate dollars. All
25 grants shall be restricted to local governments and nonprofit
26 corporations serving and located in municipalities having a
27 population of 25,000 50,000 persons or less or in counties
28 having a population of 75,000 or less, or a county that has a
29 population of 100,000 or less, as determined by the most
30 recent official estimate pursuant to s. 186.901, residing in
31 incorporated and unincorporated areas of the county with an
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1 unincorporated area having a population of 200,000 persons or
2 less.
3 Section 33. Subsection (2) of section 288.0656,
4 Florida Statutes, is amended, and subsection (9) is added to
5 said section, to read:
6 288.0656 Rural Economic Development Initiative.--
7 (2) As used in this section, the term:
8 (a) "Economic distress" means conditions affecting the
9 fiscal and economic viability of a rural community, including
10 such factors as low per capita income, low per capita taxable
11 values, high unemployment, high underemployment, low weekly
12 earned wages compared to the state average, low housing values
13 compared to the state average, high percentages of the
14 population receiving public assistance, high poverty levels
15 compared to the state average, and a lack of year-round stable
16 employment opportunities.
17 (b) "Rural community" means:
18 1. A county with a population of 75,000 or less.
19 2. A county with a population of 100,000 or less that
20 is contiguous to a county with a population of 75,000 or less.
21 3. A municipality within a county described in
22 subparagraph 1. or subparagraph 2.
23 4. An unincorporated federal enterprise community or
24 an incorporated rural city with a population of 25,000 or less
25 and an employment base focused on traditional agricultural or
26 resource-based industries, located in a county not described
27 in subparagraph 1. or subparagraph 2. which meets the criteria
28 established in paragraph (a) defined as rural, which has at
29 least three or more of the economic distress factors
30 identified in paragraph (a) and verified by the Office of
31 Tourism, Trade, and Economic Development.
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1
2 For purposes of this paragraph, population shall be determined
3 in accordance with the most recent official estimate pursuant
4 to s. 186.901.
5 (9)(a) Unincorporated federal enterprise communities
6 and incorporated rural cities as described in subparagraph
7 (2)(b)4. must apply to REDI for designation as rural by
8 resolution of the municipal governing body and demonstrate
9 that three or more of the factors of economic distress as
10 provided in paragraph (2)(a) exist within their community.
11 REDI shall verify such factors prior to approving the
12 designation.
13 (b) Upon receiving such designation, unincorporated
14 federal enterprise communities and incorporated rural cities
15 in nonrural counties shall be eligible to apply for any
16 program specifically identified in law as a rural program
17 provided that they can demonstrate that the county of
18 jurisdiction for such unincorporated federal enterprise
19 communities and rural cities is also providing support for
20 each program application. REDI may recommend criteria for the
21 evaluation of such county support to the administrative agency
22 of each program. Such communities shall also be eligible for
23 any preferential criteria or waivers of any program
24 requirements specifically identified in law as available for
25 rural counties, cities, or communities when necessary to
26 encourage and facilitate long-term private capital investment
27 and job creation.
28 Section 34. Subsection (4) of section 290.0055,
29 Florida Statutes, is amended, and subsection (8) is added to
30 said section, to read:
31 290.0055 Local nominating procedure.--
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1 (4) An area nominated by a county or municipality, or
2 a county and one or more municipalities together, for
3 designation as an enterprise zone shall be eligible for
4 designation under s. 290.0065 only if it meets the following
5 criteria:
6 (a) The selected area does not exceed 20 square miles.
7 The selected area must have a continuous boundary, or consist
8 of not more than three noncontiguous parcels.
9 (b)1. The selected area does not exceed the following
10 mileage limitation:
11 2. For communities having a total population of
12 150,000 persons or more, the selected area shall not exceed 20
13 square miles.
14 3. For communities having a total population of 50,000
15 persons or more but less than 150,000 persons, the selected
16 area shall not exceed 10 square miles.
17 4. For communities having a total population of 20,000
18 persons or more but less than 50,000 persons, the selected
19 area shall not exceed 5 square miles.
20 5. For communities having a total population of 7,500
21 persons or more but less than 20,000 persons, the selected
22 area shall not exceed 3 square miles.
23 6. For communities having a total population of less
24 than 7,500 persons, the selected area shall not exceed 3
25 square miles.
26 7. Notwithstanding paragraph (a) and subparagraphs 5.
27 and 6., for communities meeting the definition of "rural
28 community" as provided in s. 288.0656(2), the selected area
29 shall not exceed 15 square miles and may have up to five
30 noncontiguous areas.
31
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1 (c) The selected area does not include any portion of
2 a central business district, as that term is used for purposes
3 of the most recent Census of Retail Trade, unless the poverty
4 rate for each census geographic block group in the district is
5 not less than 30 percent. This paragraph does not apply to any
6 area nominated in a county that has a population which is less
7 than 50,000.
8 (d) The selected area suffers from pervasive poverty,
9 unemployment, and general distress, as described and measured
10 pursuant to s. 290.0058.
11 (e) Notwithstanding paragraph (c), for communities
12 meeting the definition of "rural community" as provided in s.
13 288.0656(2), the requirements set forth in s. 290.0058 shall
14 not apply.
15 (8) Before December 31, 2000, the governing body of
16 any community meeting the definition of "rural community" as
17 provided in s. 288.0656(2) may apply to Enterprise Florida,
18 Inc., to amend the boundary lines of the enterprise zone
19 within its jurisdiction. Enterprise Florida, Inc., shall
20 recommend that the Office of Tourism, Trade, and Economic
21 Development approve such application made pursuant to this
22 subsection if it is consistent with the categories, criteria,
23 and limitations imposed by this section.
24 Section 35. Subsection (9) is added to section
25 290.007, Florida Statutes, to read:
26 290.007 State incentives available in enterprise
27 zones.--The following incentives are provided by the state to
28 encourage the revitalization of enterprise zones:
29 (9) Notwithstanding the enterprise zone residency
30 requirements set out in ss. 212.096(1)(c) and 220.03(1)(q),
31 businesses located in enterprise zones located in communities
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1 meeting the definition of "rural community" as provided in s.
2 288.0656(2) may receive the credit provided under s. 212.096
3 or s. 220.181 for hiring any person within the jurisdiction of
4 the county within which such enterprise zone is located. All
5 other provisions of ss. 212.096, 220.03(1)(q), and 220.181
6 apply to such businesses. Notwithstanding the requirement
7 specified in ss. 212.08(5)(g)5. and (15)(a) and 220.182(1)(b)
8 that no less than 20 percent of a business's employees,
9 excluding temporary and part-time employees, must be residents
10 of an enterprise zone for the business to qualify for the
11 maximum exemption or credit provided in ss. 212.08(5)(g), (h),
12 and (15) and 220.182, a business that is located in an
13 enterprise zone located in a community meeting the definition
14 of "rural community" as provided in s. 288.065(2) shall be
15 qualified for those maximum exemptions or credits if no less
16 than 20 percent of such employees of the business are
17 residents of the jurisdiction of the county within which the
18 enterprise zone is located. All other provisions of ss.
19 212.08(5)(g), (h), and (15) and 220.182 apply to such
20 business.
21 Section 36. Section 288.1088, Florida Statutes, is
22 amended to read:
23 288.1088 Quick Action Closing Fund.--
24 (1)(a) The Legislature finds that attracting,
25 retaining, and providing favorable conditions for the growth
26 of certain target industries provides high-quality employment
27 opportunities for citizens of this state and enhances the
28 state's economic foundation high-impact business facilities
29 provides widespread economic benefits to the public through
30 high-quality employment opportunities in such facilities and
31 in related facilities attracted to the state, through the
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1 increased tax base provided by the high-impact facility and
2 businesses in related sectors, through an enhanced
3 entrepreneurial climate in the state and the resulting
4 business and employment opportunities, and through the
5 stimulation and enhancement of the state's universities and
6 community colleges. In the global economy, there exists
7 serious and fierce international competition for these
8 facilities, and in most instances, when all available
9 resources for economic development have been used, the state
10 continues to encounter severe competitive disadvantages in
11 vying for these high-impact business facilities.
12 (b) The Legislature therefore declares that sufficient
13 resources shall be available to respond to extraordinary
14 economic opportunities and to compete effectively for these
15 high-value-added employment opportunities and to enhance the
16 state's economic base by providing incentives to qualifying
17 businesses that require inducement beyond that available
18 through other sources to invest, grow, and create new
19 high-wage employment opportunities in this state and its
20 communities high-impact business facilities.
21 (2) There is created within the Office of Tourism,
22 Trade, and Economic Development the Quick Action Closing Fund,
23 or 21st Century Fund.
24 (3)(a) Enterprise Florida, Inc., shall evaluate
25 individual proposals for target industry businesses
26 high-impact business facilities and forward recommendations
27 regarding the use of moneys in the fund for such facilities to
28 the director of the Office of Tourism, Trade, and Economic
29 Development. Such evaluation and recommendation must include,
30 but need not be limited to:
31
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1 1. A description of the type of facility, its business
2 operation, and the product or service associated with the
3 facility.
4 2. The number of full-time-equivalent jobs that will
5 be created by the facility and the total estimated average
6 annual wages of those jobs.
7 3. The cumulative amount of investment to be dedicated
8 to the facility within a specified period.
9 4. A statement of any special impacts the facility is
10 expected to stimulate in a particular business sector in the
11 state or regional economy or in the state's universities and
12 community colleges, or within a distressed community in this
13 state.
14 5. A statement of the role the incentive is expected
15 to play in the decision of the applicant business to locate or
16 expand in this state and an analysis of all of the other state
17 and local incentives that have been offered in this state and
18 the conditions and incentives offered by other states and
19 their communities.
20 (b) Upon receipt of the evaluation and recommendation
21 from Enterprise Florida, Inc., the director shall recommend
22 approval or disapproval of a project for receipt of funds from
23 the Quick Action Closing Fund to the Governor. In recommending
24 a target industry business for this incentive high-impact
25 business facility, the director shall include proposed
26 performance conditions that the business facility must meet to
27 obtain incentive funds. The Governor shall consult with the
28 President of the Senate and the Speaker of the House of
29 Representatives before giving final approval for a project.
30 The Executive Office of the Governor shall recommend approval
31 of a project and release of funds pursuant to the legislative
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1 consultation and review requirements set forth in s. 216.177.
2 The recommendation must include proposed performance
3 conditions the project must meet to obtain funds.
4 (c) If approved by Upon the approval of the Governor,
5 the director of the Office of Tourism, Trade, and Economic
6 Development and the high-impact business shall enter into a
7 contract that sets forth the conditions for payment of moneys
8 from the fund. The contract must include the total amount of
9 funds awarded; the performance conditions that must be met to
10 obtain the award, including, but not limited to, net new
11 employment in the state, average salary, and total capital
12 investment; the methodology for validating performance; the
13 schedule of payments from the fund; and sanctions for failure
14 to meet performance conditions.
15 (d) Enterprise Florida, Inc., shall validate
16 contractor performance. Such validation shall be reported
17 within 6 months after completion of the contract to the
18 Governor, President of the Senate, and the Speaker of the
19 House of Representatives.
20 Section 37. Section 414.224, Florida Statutes, is
21 created to read:
22 414.224 Retention Enhancing Communities Initiative.--
23 (1) LEGISLATIVE INTENT.--The Legislature finds that
24 this state has numerous distressed urban cores with high
25 proportions of residents who are former and current WAGES
26 Program participants. The Legislature further finds that the
27 existence of strong neighborhoods and communities is crucial
28 to reduce recidivism among former WAGES Program participants,
29 and to create new jobs and promote job retention for current
30 WAGES Program participants. Therefore, it is the intent of the
31 Legislature to create a program designed to develop these
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1 communities with the help of, and for the benefit of, current
2 and former WAGES Program participants.
3 (2) CREATION.--The Retention Enhancing Communities
4 Initiative (RECI) is created to leverage federal, state, and
5 local resources for community redevelopment initiatives that
6 promote job retention among WAGES Program participants.
7 Selected communities shall identify and compete for projects
8 coordinated around the six community-enhancing elements of
9 community safety, community builders, community businesses,
10 community schools, community partnerships, and community
11 redevelopment.
12 (3) SELECTION OF RECI COMMUNITIES.--
13 (a) By July 1, 2000, the WAGES Program State Board of
14 Directors, in consultation with local WAGES coalitions, shall
15 identify 14 communities in the state's seven largest counties
16 which communities are compact, congruent, and contiguous
17 census tracts that have the highest concentrations of
18 residents who are current or former WAGES Program
19 participants. To the maximum extent possible, these
20 communities should coincide with federal empowerment zones,
21 enterprise zones established under chapter 290, neighborhood
22 improvement districts established under chapter 163, community
23 redevelopment areas established under chapter 163, and urban
24 high crime areas established under chapter 212. By August 1,
25 2000, the WAGES Program State Board of Directors must contract
26 with an independent entity to certify that the 14 communities
27 comply with the requirements of this section.
28 (b) By July 10, 2000, the WAGES Program State Board of
29 Directors shall solicit proposals from the communities
30 identified for participation in RECI. The Governor shall
31 appoint a liaison from a state agency to assist with each
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1 proposal and its implementation. The liaisons shall have the
2 full assistance of the Executive Office of the Governor, all
3 state agencies, and their employees. If a state employee is
4 not able to assist a liaison because of state law or
5 regulation, the liaison shall notify the Governor, the Office
6 of Urban Opportunity, and the Office of Program Policy
7 Analysis and Government Accountability concerning the impasse
8 and prepare proposals to resolve it. Upon a written request
9 from a liaison, the Governor may by executive order or
10 emergency rule address regulatory or procedural impasses to
11 enable prompt implementation of a community's proposal. Any
12 federal TANF funding appropriated by the state to benefit
13 WAGES participants, to assist needy families, or to promote
14 job placement and employment retention of WAGES participants
15 that is in excess of revenues necessary to fulfill the
16 appropriated purpose may, upon the written request of a
17 liaison, be redirected, notwithstanding any other provision of
18 law, with the approval of the Office of Urban Opportunity, the
19 WAGES Program State Board of Directors, and the Governor, to
20 support an approved project in a RECI community. Proposals
21 must be general in nature, be no more than 20 pages long, and
22 include:
23 1. A brief plan describing how the community will
24 coordinate and incorporate the six RECI elements into the
25 community's redevelopment strategy.
26 2. Specific evidence of community support from
27 community-based organizations and local government for
28 participation in RECI.
29 3. For each RECI element, identification and
30 commitment of local resources from community-based
31
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1 organizations, local government, and others, to be leveraged
2 by federal and state resources.
3 4. Identification of the specific entity or person
4 responsible for coordinating the community's participation in
5 RECI.
6 5. Identification of local administrative entities.
7 (c) Based on proposal evaluation criteria developed by
8 the WAGES Program State Board of Directors, the board shall,
9 by October 1, 2000, select up to nine communities to
10 participate in RECI and shall notify each community of its
11 selection. All RECI projects must be fully operational by
12 January 1, 2001, and must be completed by December 31, 2002.
13 (4) RECI ELEMENTS.--After a community is selected as a
14 RECI participant, it may compete for awards in each RECI
15 element. Awards shall be granted by the WAGES Program State
16 Board of Directors and shall be based on a project plan that
17 must be consistent with the community's proposal describing
18 the coordination and incorporation of the RECI elements. The
19 WAGES Program State Board of Directors shall develop
20 guidelines and criteria for the application and award of the
21 funds. Criteria must provide additional weight for criteria
22 relating to community involvement, business involvement, and
23 local contributions. Unless otherwise provided for, the board
24 or its designated agents shall administer the award of funds
25 for each RECI element and shall provide assurances that
26 projects are completed pursuant to project plans. RECI
27 elements include the following:
28 (a) WAGES community safety.--Funds may be awarded for
29 projects that increase the safety and reduce crime in RECI
30 communities. Funds may be used to train and employ WAGES
31 Program participants in public safety jobs; establish security
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1 businesses and services; train residents in safety practices
2 and organize safety networks; improve lighting, alarms, and
3 law enforcement equipment; improve the safety of homes,
4 buildings, and streets; and provide community police. Local
5 law enforcement agencies must be contributing partners in
6 safety projects. The Department of Community Affairs and the
7 Florida Department of Law Enforcement shall each assign a
8 representative to assist these communities with public safety
9 issues and, notwithstanding any other provision of law, may
10 award public safety grants to these communities.
11 (b) WAGES community builders.--Funds may be awarded
12 for small community cleanup and enhancement projects that
13 quickly create visible improvements and for planning and
14 implementation of larger neighborhood revitalization and
15 economic development initiatives.
16 1. Funds for the WAGES community builders element may
17 be awarded for small community cleanup and enhancement
18 projects. Projects must include WAGES Program participants,
19 must last less than 3 weeks, and must be endorsed by the local
20 unit of government. Funding may not exceed $5,000 per project
21 without a waiver from the WAGES Program State Board of
22 Directors. The board shall enlist the Department of State's
23 Main Street program, Keep Florida Beautiful, Inc., and, if
24 approved by the Governor, the Florida National Guard, to
25 advise and assist with these projects and to redirect
26 resources to these communities.
27 2. Funds for the WAGES community builders element may
28 be awarded for the planning and implementation of large
29 neighborhood revitalization or economic development
30 initiatives. Funding for planning projects may not exceed
31 $200,000 and may not, in total, exceed 20 percent of the funds
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1 available for this element. Funding for implementation
2 projects may not in total exceed 20 percent of the funds
3 available for this element and must primarily leverage
4 federal, state, local, private, or foundation resources other
5 than those provided for in this section. Planning and
6 implementation projects must employ WAGES Program participants
7 from the RECI community to the greatest extent possible.
8 (c) WAGES community businesses.--Funds may be awarded
9 for small business-development projects, including, but not
10 limited to, national-franchise attraction efforts, microloans,
11 guaranteed commercial loans, technical assistance,
12 self-employment, and business incubators at educational
13 institutions. At least 95 percent of funds awarded for these
14 projects must be for the benefit of WAGES Program participants
15 in RECI communities. The WAGES Program State Board of
16 Directors shall work with the Comptroller to target the
17 linked-deposit program under s. 290.0075 into these
18 communities, and the Comptroller shall, to the greatest extent
19 deemed practical, implement that program in RECI communities.
20 Using funds appropriated for this element, the board, or its
21 designated agent, shall also establish a $10-million loan-loss
22 reserve to encourage and guarantee commercial loans made under
23 this element, and shall develop a tax-free bond fund to
24 provide and expand the secondary loan market for commercial
25 loans made in RECI communities. The board, or its designated
26 agent, shall also approach and propose joint ventures with
27 national franchisors who agree to train individuals for and
28 partially underwrite new franchise ventures in RECI
29 communities.
30 (d) WAGES community schools.--Funds may be awarded for
31 WAGES community school projects that upgrade schools through
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1 construction, repair, or renovation, or that provide training
2 and employment to WAGES Program participants to assist with
3 transportation, school services, and security. Schools
4 accepting this assistance must offer before-school,
5 after-school, and summer-school programs for students who are
6 WAGES Program participants.
7 (e) WAGES community partnerships.--Funds may be
8 awarded for WAGES community partnership projects to make
9 payments of tax credits to businesses that contribute to
10 projects in RECI communities which are eligible under the
11 community contribution tax credit program under ss. 220.183
12 and 624.5105. Business contributions must benefit WAGES
13 Program participants in these communities. Funds may equal 30
14 percent of the business's contribution and may apply to
15 contributions of any size if adequate funds are available in
16 this RECI element. The Office of Tourism, Trade, and Economic
17 Development and the Department of Revenue shall assist the
18 WAGES Program State Board of Directors in administering such
19 tax credits. Projects may also match, up to a
20 dollar-for-dollar level, any foundation awards to RECI
21 communities which will improve job retention and reduce public
22 assistance dependency as determined by the WAGES Program State
23 Board of Directors.
24 (f) WAGES community redevelopment.--Funds may be
25 awarded for WAGES community redevelopment projects to
26 facilitate the planning, preparing, marketing, and financing
27 of residential, mixed-use, and commercial development
28 projects, as well as residential and business infrastructure
29 redevelopment projects in RECI communities. Projects that
30 would mainly result in gentrification of the community, that
31 would not employ a preponderance of WAGES Program
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1 participants, and that predominately create residences or
2 business sites that are beyond the anticipated income level of
3 working WAGES Program participants are not eligible.
4 1. The Office of Tourism, Trade, and Economic
5 Development shall administer projects under this paragraph and
6 shall develop criteria for the award of the funds. Funds
7 available under this element must be leveraged with federal,
8 state, and local resources, including, but not limited to,
9 those available through the local unit of government under the
10 Community Development Block Grant, section 108 loan guarantee
11 program, and through state agencies including the Department
12 of Community Affairs, the Department of Environmental
13 Protection, and the Florida Housing Finance Corporation.
14 2. A redevelopment finance review team including the
15 WAGES Program State Board of Directors, the Office of Tourism,
16 Trade, and Economic Development, Enterprise Florida, Inc., the
17 appropriate local WAGES coalition, the appropriate local unit
18 of government, the Department of Community Affairs, the
19 Department of Environmental Protection, and the Florida
20 Housing Finance Corporation shall review all project plans and
21 coordinate available resources, matching expenditures to
22 eligible and available revenues that may be invested in the
23 project. The team shall seek federal funding assistance in
24 these projects and may identify and recommend projects for
25 award under the WAGES Targeted Employment and WAGES
26 transportation projects established by law. The team shall
27 recommend appropriate projects to the State Board of
28 Administration for public investment. Their collaborative
29 project package shall constitute a recommended public
30 financing commitment to induce private developers to finance
31 the remaining costs of the project. Notwithstanding s.
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1 216.301, funds appropriated for the purpose of this paragraph
2 are not subject to reversion.
3 3. The Office of Tourism, Trade, and Economic
4 Development, based upon the recommendation from the team, may
5 award project funds to RECI communities for up to 30 percent
6 of the total project cost. In awarding funds, the office shall
7 consider factors including, but not limited to, the project's
8 direct employment of WAGES Program participants in planning,
9 development, or construction; eventual direct employment of
10 WAGES Program participants; residences or businesses to be
11 owned by WAGES Program participants; impact on retention in
12 employment of WAGES Program participants; impact on lowering
13 recidivism and dependency on public assistance programs;
14 demonstrated local public and private commitment; and the
15 potential to enhance and upgrade the community.
16 4. To facilitate timely response and induce the
17 development of site opportunities where a community-based or
18 private-sector partner exists, the Office of Tourism, Trade,
19 and Economic Development may award funds for infrastructure
20 feasibility studies, design and engineering activities,
21 project development and packaging, or other infrastructure
22 planning and preparation activities. Such funds may not exceed
23 $300,000 per project and may not exceed 5 percent of the total
24 funding available under this paragraph.
25 5. The Office of Tourism, Trade, and Economic
26 Development shall pursue execution of a memorandum of
27 agreement with the Department of Housing and Urban Development
28 and other federal or state partners under which state funds
29 available through this element may be advanced, in excess of
30 the prescribed state share, for a project that has received
31 from the department or partner a preliminary determination of
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1 eligibility for financial support. State funds in excess of
2 the prescribed state share which are advanced pursuant to this
3 paragraph and a memorandum of agreement shall be reimbursed
4 when funds are awarded under an application for other
5 financing.
6 6. To facilitate development of prospective sites, the
7 Office of Tourism, Trade, and Economic Development may award
8 funds for surveys, feasibility studies, project development,
9 packaging, marketing, and other activities related to the
10 identification, marketing, and preparation of sites of up to
11 $150,000. Such funds shall require a match from local sources
12 of 33 percent and the total grants awarded under this
13 subparagraph may not exceed 5 percent of the total funding
14 available under this paragraph.
15 (5) COORDINATOR.--The Governor shall name, by July 15,
16 2000, a coordinator in the Office of Urban Opportunity with
17 the authority, established by executive order, to work with
18 the WAGES Program State Board of Directors to direct agency
19 assistance, solve problems, and commit resources to RECI
20 communities.
21 (6) CENTER FOR COMMUNITY EXCELLENCE.--By August 15,
22 2000, working with the Workforce Development Board, the WAGES
23 Program State Board of Directors shall establish a center for
24 community excellence, affiliated with an educational
25 institution or group of educational institutions, which will
26 provide research, consulting, technical assistance, capacity
27 building, training, and program assistance services to RECI
28 communities.
29 (7) FUNDING.--
30 (a) To implement this act, the Department of Children
31 and Family Services may spend up to $50 million from Temporary
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1 Assistance for Needy Families (TANF) block grant funds
2 pursuant to criteria adopted by the WAGES Program State Board
3 of Directors.
4 (b) Any expenditure from the Temporary Assistance for
5 Needy Families (TANF) block grant must be expended in
6 accordance with the requirements and limitations of Title IV
7 of the Social Security Act, as amended, or any other
8 applicable federal requirement or limitation in law. Prior to
9 any expenditure of such funds, the WAGES Program State Board
10 of Directors and the Secretary of Children and Family
11 Services, or the secretary's designee, shall certify that
12 controls are in place to ensure that such funds are expended
13 and reported in accordance with the requirements and
14 limitations of federal law. Any entity to which funds are
15 awarded must obtain the required certification prior to any
16 expenditure of funds.
17 (c) Unexpended proceeds derived from a project
18 completed with the use of program funds, beyond the operating
19 costs and debt service, are restricted to further expenditures
20 within the element. Such unexpended proceeds may not be used
21 for purposes other than those authorized by this act.
22 (d) No more than 5 percent of the funds available
23 under this section may be used by the board or its designated
24 agents to administer and monitor the awards.
25 (e) Funds authorized under this section must augment
26 the existing efforts or resources of local communities rather
27 than offset or supplant them.
28 (8) FUNDS TRANSFER.--The Governor shall notify the
29 President of the United States and the Florida Congressional
30 Delegation of any delays by the Federal Government that affect
31 the prompt implementation of this section and enlist their
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1 assistance in resolution of such delays. By budget amendment,
2 the Governor shall identify and transfer funds to continue
3 this initiative on schedule, notwithstanding any federal
4 delays. With the assistance of the Secretary of Children and
5 Family Services and the Attorney General, the Governor shall
6 then explore administrative and judicial options to gain
7 reimbursement.
8 (9) MONITORING AND REPORTING.--
9 (a) The independent entity selected by the WAGES
10 Program State Board of Directors to certify compliance by the
11 14 communities identified under paragraph (3)(a) shall also
12 identify four other similar communities to serve as a control
13 group for RECI. The entity must measure performance trends in
14 the control group communities, the communities that applied
15 for RECI designation but were not selected, and the
16 communities selected to participate in RECI. The four control
17 communities shall be known only to the entity until the
18 completion of the initiative. The entity shall develop,
19 working with the Office of Program Policy Analysis and
20 Government Accountability and the WAGES Program State Board of
21 Directors, criteria by October 1, 2000, to measure the impact
22 of the initiative. Such criteria must include the total
23 revenues generated and invested in RECI communities, and the
24 amount of revenue saved from the retention of WAGES Program
25 participants.
26 (b) In addition to a comprehensive final report due
27 February 15, 2003, the WAGES Program State Board of Directors
28 must report to the Governor, the President of the Senate, and
29 the Speaker of the House of Representatives every 6 months
30 beginning January 1, 2001, on the progress of RECI. Reports
31 must include tangible impacts of the initiative. The final
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1 report shall include recommendations relating to the potential
2 development of a RECI program for communities in mid-sized
3 counties. The report must additionally recognize the three
4 most successful RECI communities and designate these
5 communities Florida's "come-back communities."
6 Section 38. Sections 290.33, 290.331, 290.332,
7 290.333, 290.334, 290.335, 290.336, 290.337, 290.338, and
8 290.339, Florida Statutes, are created to read:
9 290.33 Florida Communities Investment Act; short
10 title.--Sections 290.33-290.339 may be cited as the "Florida
11 Communities Investment Act."
12 290.331 Legislative findings.--It is hereby found and
13 declared that:
14 (1) Within the communities of this state, there exist
15 areas that chronically display extreme and unacceptable levels
16 of unemployment, physical deterioration, and economic
17 disinvestment.
18 (2) Each such area is a blight on the community as a
19 whole, tarnishes the image and reputation of the community in
20 the eyes of its residents, and reduces the desirability of the
21 community as a place to visit and live.
22 (3) Such severely distressed areas have high crime
23 rates and provide environments detrimental to the physical and
24 emotional health of their residents.
25 (4) The revitalization and redevelopment of each such
26 area for the ultimate benefit of its residents and the
27 community as a whole is of critical importance to the
28 individual community and to this state.
29 (5) The resources of all levels of government are
30 insufficient, and often inappropriate, to undertake
31
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1 successfully the massive task of restoring the social and
2 economic productivity of such areas.
3 (6) The ultimate revitalization of such areas can
4 occur only if the private sector can be induced to invest its
5 own resources in productive enterprises that rebuild the
6 industrial and commercial viability of the areas and provide
7 jobs for residents of the areas.
8 (7) In order to provide the private sector with the
9 necessary incentives to invest in such distressed areas,
10 governments at all levels should seek ways to relax or
11 eliminate fiscal and regulatory constraints and should seek to
12 identify supportive actions that facilitate business
13 investment in such distressed areas and overcome business
14 objections to distressed area site locations.
15 290.332 Policy and purpose.--It is the policy of this
16 state to provide the necessary means to assist local
17 communities, their residents, and the private sector in
18 creating the proper economic and social environment to induce
19 the investment of private resources in productive business
20 enterprises located in severely distressed areas and to
21 provide jobs for residents of such areas. In achieving this
22 objective, the state will seek to provide appropriate
23 investments, tax benefits, and regulatory relief of sufficient
24 importance to encourage the business community to commit its
25 financial participation. The purpose of ss. 290.33-290.339 is
26 to establish a process that clearly identifies such severely
27 distressed areas and provides incentives by both the state and
28 local governments to induce private investment in such areas.
29 The Legislature, therefore, declares the revitalization of
30 Florida's communities, through the concerted efforts of
31 government and the private sector, to be a public purpose.
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1 290.333 Definitions.--As used in ss. 290.33-290.339:
2 (1) "Office" means the Office of Tourism, Trade, and
3 Economic Development.
4 (2) "Director" means the director of the office.
5 (3) "Governing body" means the council or other
6 legislative body charged with governing the county or
7 municipality.
8 (4) "Tax-free zone" means a geographic area designated
9 under this act.
10 (5) "Development plan" means a written plan that
11 addresses the criteria in s. 290.335 and includes the
12 following:
13 (a) A map of the proposed tax-free zone that indicates
14 the geographic boundaries, the total area, and the present use
15 and conditions generally of the land and the structures within
16 those boundaries.
17 (b) Evidence of community support and commitment from
18 residential and business interests.
19 (c) A description of the methods proposed to increase
20 economic opportunity and expansion, facilitate infrastructure
21 improvement, and identify job training opportunities.
22 (d) Current social, economic, and demographic
23 characteristics of the proposed tax-free zone and anticipated
24 improvements in education, health, human services, public
25 safety, and employment if the tax-free zone is created.
26 (e) Any other information required by the Office of
27 Tourism, Trade, and Economic Development.
28 290.334 Local nominating procedure.--
29 (1) Any county or municipality, or a county and one or
30 more municipalities together, may apply to the Office of
31 Tourism, Trade, and Economic Development for the designation
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1 of an area as a tax-free zone after the adoption by the
2 governing body or bodies of a resolution which:
3 (a) Finds that an area in such county or municipality,
4 or in both the county and one or more municipalities,
5 chronically exhibits extreme and unacceptable levels of
6 poverty, unemployment, physical deterioration, and economic
7 disinvestment.
8 (b) Determines that the rehabilitation, conservation,
9 or redevelopment, or a combination thereof, of such area is
10 necessary in the interest of the public health, safety, and
11 welfare of the residents of such county or municipality, or
12 such county and one or more municipalities.
13 (c) Determines that the revitalization of such areas
14 can occur only if the private sector can be induced to invest
15 its own resources in productive enterprises that build or
16 rebuild the economic viability of the area.
17 (d) States that if the tax-free zone designation is
18 granted, persons or property within the tax-free zone are
19 exempt from taxes levied by that county or municipality, or
20 such county and one or more municipalities, and states the
21 duration of the tax-free status, not to exceed 5 years.
22 (2) An area nominated by a county or municipality, or
23 a county and one or more municipalities together, for
24 designation as a tax-free zone shall be eligible under this
25 act only if it meets the following criteria:
26 (a) The selected area does not exceed 2 square miles.
27 The selected area must have a contiguous boundary, or consist
28 of not more than three noncontiguous parcels.
29 (b) The selected area does not include any portion of
30 a central business district, as that term is used for purposes
31 of the most recent Census of Retail Trade, unless the poverty
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1 rate for each census geographic block group in the district is
2 not less than 30 percent. This paragraph does not apply to
3 any area nominated in a county that has a population which is
4 less than 50,000.
5 (c) The selected area suffers from pervasive poverty,
6 unemployment, and general distress, as described and measured
7 pursuant to s. 290.0058.
8 (3) The governing body of the jurisdiction which
9 authorized the application for a tax-free zone may apply for a
10 change in boundary by adopting a resolution that states with
11 particularity the reasons for the change and describes
12 specifically, and to the extent required by the Office of
13 Tourism, Trade, and Economic Development, the boundary change
14 to be made.
15 290.335 State designation of tax-free zones.--
16 (1) The Office of Tourism, Trade, and Economic
17 Development shall review all applications for the designation
18 of tax-free zones and determine which meet the criteria set
19 forth in this act. The office shall:
20 (a) Designate tax-free zones.
21 (b) Subject to subsection (2), approve or reject the
22 duration of tax-free zone status as submitted in the
23 application, not to exceed 5 years.
24 (2) The Office of Tourism, Trade, and Economic
25 Development shall not alter the geographic boundaries of the
26 tax-free zones or the duration of tax-free zone status
27 described in the application unless the governing body of the
28 jurisdiction which authorized the application for a tax-free
29 zone adopts a consenting resolution.
30
31
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1 (3) The Office of Tourism, Trade, and Economic
2 Development shall consider the following criteria in
3 designating a tax-free zone:
4 (a) Evidence of adverse economic and socioeconomic
5 conditions within the proposed tax-free zone.
6 (b) The viability of the development plan.
7 (c) Public and private commitment to and other
8 resources available for the proposed tax-free zone.
9 (d) The level of demonstrated cooperation from
10 surrounding communities.
11 (e) How the local regulatory burden will be eased for
12 businesses operating in the proposed tax-free zone.
13 (f) Public and private commitment to improving
14 abandoned real property.
15 (4) The Office of Tourism, Trade, and Economic
16 Development shall not designate an area as a tax-free zone
17 unless, as a part of the application, the governing body of
18 the jurisdiction which authorized the application for a
19 tax-free zone provides a resolution stating that if the
20 tax-free zone designation is granted, persons and property
21 within the tax-free zone are exempt from taxes levied by the
22 county, or the county and one or more municipalities in the
23 county.
24 (5) Each tax-free zone designated by the Office of
25 Tourism, Trade, and Economic Development shall be submitted to
26 the President of the Senate and the Speaker of the House of
27 Representatives for approval. The effective date of the
28 designation of a tax-free zone shall be determined by the
29 Legislature.
30 290.336 Revocation of tax-free zone designation.--
31
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1 (1) The director may revoke the designation of a
2 tax-free zone if the director determines that the governing
3 body or bodies have not complied substantially with this act.
4 (2) Failure to enact and maintain the local fiscal
5 incentive committed to and adopted by the governing body or
6 bodies under this act for 2 consecutive calendar years shall
7 result in the automatic termination of the tax-free zone
8 designation.
9 (3) Any action taken to rescind designation is subject
10 to the provisions of chapter 120. Such action may be
11 initiated 90 days after issuing a written letter of warning to
12 the governing body or bodies. Such action shall not act to
13 deny credits or exemptions previously granted.
14 290.337 Florida Communities Tax Abatement Program;
15 exemption, deduction, or credit; exceptions.--
16 (1) Except as otherwise provided in this act, a
17 business that is located and conducts business activity within
18 a tax-free zone shall be exempt from sales tax collection
19 requirements and goods sold by such businesses shall be exempt
20 from the provisions of chapter 212.
21 (2) Except as otherwise provided in this act, property
22 located in a tax-free zone is exempt from the collection of ad
23 valorem taxation pursuant to this section.
24 (3) An individual who is a resident of a tax-free
25 zone, a business that is located and conducts business
26 activity within the tax-free zone, or a person who owns
27 property located in a tax-free zone is not eligible for any
28 exemption, deduction, or credit provided by this act if:
29 (a) The resident, business, or property owner is
30 delinquent in paying taxes for the prior year; or
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1 (b) For residential rental property in a tax-free
2 zone, the residential rental property is not in substantial
3 compliance with all applicable state and local zoning,
4 building, and housing laws, ordinances, or codes.
5 (4) A business that relocates from outside a tax-free
6 zone into a tax-free zone shall not receive the exemptions,
7 deductions, or credits provided by this act unless the
8 governing body or bodies in which the business is located
9 approve the relocation of the business.
10 (5) Unless approval of the relocation is obtained
11 under subsection (4), if a business relocates more than 25
12 full-time equivalent jobs to a tax-free zone, the business
13 shall notify the Office of Tourism, Trade, and Economic
14 Development and the county or municipality from which the jobs
15 are being relocated. The business is not eligible for any
16 exemptions, deductions, or credits provided by this act if the
17 county or municipal governmental unit from which the jobs are
18 being relocated adopts a resolution objecting to the
19 relocation of the jobs within 60 days after the notification
20 by the business. The business becomes eligible for the
21 exemptions, deductions, or credits provided by this act if the
22 governing body or bodies objecting to the relocation rescind
23 their objection by resolution. A governing body which objects
24 to the relocation of jobs shall file a copy of all resolutions
25 of objection or rescission with the office.
26 (6) An individual who is a resident of a tax-free zone
27 or a business that is located and conducts business activity
28 within a tax-free zone is eligible to receive any exemption,
29 deduction, or credit as provided by this act until the
30 aggregate state and local tax revenue foregone as a result of
31 all exemptions, deductions, or credits granted under this act
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1 to that individual or business reaches $1.5 million in any
2 single fiscal year or $7.5 million under this act in all
3 fiscal years.
4 290.338 Annual reports on tax-free zones.--
5 (1) By February 1 of each year, the Department of
6 Revenue shall submit an annual report to the Office of
7 Tourism, Trade, and Economic Development detailing the usage
8 and revenue impact by county of the state incentives listed in
9 s. 290.335.
10 (2) By March 1 of each year, the office shall submit
11 an annual report to the Governor, the President of the Senate,
12 and the Speaker of the House of Representatives. The report
13 shall include the information provided by the Department of
14 Revenue pursuant to subsection (1) and an analysis of the
15 activities and accomplishments of each tax-free zone, and any
16 additional information prescribed pursuant to s. 290.335.
17 290.339 Repeal.--This section and sections
18 290.33-290.338, Florida Statutes, are repealed December 31,
19 2010.
20 Section 39. Paragraphs (a) and (b) of subsection (3)
21 of section 220.183, Florida Statutes, are amended to read:
22 220.183 Community contribution tax credit.--
23 (3) AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX
24 CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM
25 SPENDING.--
26 (a) Beginning July 1, 1995, there shall be allowed a
27 credit of 125 50 percent of a community contribution against
28 any tax due for a taxable year under this chapter.
29 (b) No business firm shall receive more than $500,000
30 $200,000 in annual tax credits for all approved community
31 contributions made in any one year.
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1 Section 40. Paragraphs (a) and (b) of subsection (3)
2 of section 624.5105, Florida Statutes, are amended to read:
3 624.5105 Community contribution tax credit;
4 legislative findings; policy and purpose; authorization;
5 limitations; eligibility and application requirements;
6 administration; definitions; expiration.--
7 (3) AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.--
8 (a) Beginning July 1, 1995, there shall be allowed a
9 credit of 125 50 percent of a community contribution against
10 any tax due for a calendar year under s. 624.509 or s.
11 624.510.
12 (b) No insurer shall receive more than $500,000
13 $200,000 in annual tax credits for all approved community
14 contributions made in any one year.
15 Section 41. Paragraph (j) of subsection (5) of section
16 212.08, Florida Statutes, is amended to read:
17 212.08 Sales, rental, use, consumption, distribution,
18 and storage tax; specified exemptions.--The sale at retail,
19 the rental, the use, the consumption, the distribution, and
20 the storage to be used or consumed in this state of the
21 following are hereby specifically exempt from the tax imposed
22 by this chapter.
23 (5) EXEMPTIONS; ACCOUNT OF USE.--
24 (j) Machinery and equipment used in silicon technology
25 production and research and development.--
26 1. Industrial machinery and equipment purchased for
27 use in semiconductor silicon technology facilities certified
28 under subparagraph 5. to manufacture, process, compound, or
29 produce semiconductor silicon technology products for sale or
30 for use by these facilities are exempt from the tax imposed by
31 this chapter.
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1 2. Machinery and equipment are exempt from the tax
2 imposed by this chapter if purchased for use predominately in
3 semiconductor silicon wafer research and development
4 activities in a semiconductor silicon technology research and
5 development facility certified under subparagraph 5.
6 3. Building materials purchased for use in
7 manufacturing or expanding clean rooms in semiconductor
8 manufacturing facilities are exempt from the tax imposed by
9 this chapter.
10 4.3. In addition to meeting the criteria mandated by
11 subparagraph 1. or subparagraph 2., a business must be
12 certified by the Office of Tourism, Trade, and Economic
13 Development as authorized in this paragraph in order to
14 qualify for exemption under this paragraph.
15 5.4. For items purchased tax exempt pursuant to this
16 paragraph, possession of a written certification from the
17 purchaser, certifying the purchaser's entitlement to exemption
18 pursuant to this paragraph, relieves the seller of the
19 responsibility of collecting the tax on the sale of such
20 items, and the department shall look solely to the purchaser
21 for recovery of tax if it determines that the purchaser was
22 not entitled to the exemption.
23 6.5.a. To be eligible to receive the exemption
24 provided by subparagraph 1. or subparagraph 2., a qualifying
25 business entity shall apply to Enterprise Florida, Inc. The
26 application shall be developed by the Office of Tourism,
27 Trade, and Economic Development in consultation with
28 Enterprise Florida, Inc.
29 b. Enterprise Florida, Inc., shall review each
30 submitted application and information and determine whether or
31 not the application is complete within 5 working days. Once an
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1 application is complete, Enterprise Florida, Inc., shall,
2 within 10 working days, evaluate the application and recommend
3 approval or disapproval of the application to the Office of
4 Tourism, Trade, and Economic Development.
5 c. Upon receipt of the application and recommendation
6 from Enterprise Florida, Inc., the Office of Tourism, Trade,
7 and Economic Development shall certify within 5 working days
8 those applicants who are found to meet the requirements of
9 this section and notify the applicant, Enterprise Florida,
10 Inc., and the department of the certification. If the Office
11 of Tourism, Trade, and Economic Development finds that the
12 applicant does not meet the requirements of this section, it
13 shall notify the applicant and Enterprise Florida, Inc.,
14 within 10 working days that the application for certification
15 has been denied and the reasons for denial. The Office of
16 Tourism, Trade, and Economic Development has final approval
17 authority for certification under this section.
18 7.6.a. A business certified to receive this exemption
19 may apply once each year for the exemption.
20 b. The first claim submitted by a business may include
21 all eligible expenditures made after the date the business was
22 certified.
23 b.c. To apply for the annual exemption, the business
24 shall submit a claim to the Office of Tourism, Trade, and
25 Economic Development, which claim indicates and documents the
26 sales and use taxes otherwise payable on eligible machinery
27 and equipment. The application claim must also indicate, for
28 program evaluation purposes only, the average number of
29 full-time equivalent employees at the facility over the
30 preceding calendar year, the average wage and benefits paid to
31 those employees over the preceding calendar year, and the
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1 total investment made in real and tangible personal property
2 over the preceding calendar year, and the total value of
3 tax-exempt purchases and taxes exempted during the previous
4 year or, for the first claim submitted, since the date of
5 certification. The department shall assist the Office of
6 Tourism, Trade, and Economic Development in evaluating and
7 verifying information provided in the application for
8 exemption.
9 c.d. The Office of Tourism, Trade, and Economic
10 Development may use the information reported on the
11 application claims for evaluation purposes only and shall
12 prepare an annual report on the exemption program and its cost
13 and impact. The annual report for the preceding fiscal year
14 shall be submitted to the Governor, the President of the
15 Senate, and the Speaker of the House of Representatives by
16 September 30 of each fiscal year. This report may be submitted
17 in conjunction with the annual report required in s.
18 288.095(3)(c).
19 8.7. A business certified to receive this exemption
20 may elect to designate one or more state universities or
21 community colleges as recipients of up to 100 percent of the
22 amount of the exemption for which they may qualify. To receive
23 these funds, the institution must agree to match the funds so
24 earned with equivalent cash, programs, services, or other
25 in-kind support on a one-to-one basis in the pursuit of
26 research and development projects as requested by the
27 certified business. The rights to any patents, royalties, or
28 real or intellectual property must be vested in the business
29 unless otherwise agreed to by the business and the university
30 or community college.
31 9.8. As used in this paragraph, the term:
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1 a. "Predominately" means at least 50 percent of the
2 time in qualifying research and development.
3 b. "Research and development" means basic and applied
4 research in the science or engineering, as well as the design,
5 development, and testing of prototypes or processes of new or
6 improved products. Research and development does not include
7 market research, routine consumer product testing, sales
8 research, research in the social sciences or psychology,
9 nontechnological activities, or technical services.
10 c. "Semiconductor Silicon technology products" means
11 raw semiconductor silicon wafers or semiconductor thin films
12 that are transformed into semiconductor memory or logic
13 wafers, including wafers containing mixed memory and logic
14 circuits; related assembly and test operations; active-matrix
15 flat panel displays; semiconductor chips; semiconductor
16 lasers; optoelectronic elements; and related semiconductor
17 silicon technology products as determined by the Office of
18 Tourism, Trade, and Economic Development.
19 d. "Clean rooms" means manufacturing facilities
20 enclosed in a manner that meets the clean manufacturing
21 requirements necessary for high-technology semiconductor
22 manufacturing environments.
23 Section 42. Sections 288.039 and 288.8155, Florida
24 Statutes, and subsections (2) and (8) of section 290.004,
25 Florida Statutes, are repealed.
26 Section 43. This act shall take effect October 1,
27 2000.
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2 HOUSE SUMMARY
3
Revises various provisions relating to economic
4 development. Eliminates administrative responsibility of
the Office of Tourism, Trade, and Economic Development
5 for the Florida Enterprise Zone Act, the community
contribution tax credit program, the sports franchise
6 facility program, the professional golf hall of fame
facility program, the Regional Rural Development Grants
7 Program, the Certified Capital Company Act, and the
Florida State Rural Development Council and eliminates
8 the authority of the office to enter into contracts in
connection with duties relating to the Florida First
9 Business Bond Pool, the Certified Capital Company Act,
and foreign offices. Provides for Enterprise Florida,
10 Inc., to recommend Florida First Business projects to the
Office of Tourism, Trade, and Economic Development.
11 Revises the authority of the Office of Tourism, Trade,
and Economic Development to establish foreign offices.
12 Provides for Enterprise Florida, Inc., to administer the
Regional Rural Development Grants Program and make
13 recommendations for approval by the Office of Tourism,
Trade, and Economic Development. Provides for specified
14 direct-support organizations to administer the
professional sports franchises and spring training
15 franchises facilities programs, the professional golf
hall of fame, and the certification program for the
16 International Game Fish Association World Center
facility. Assigns administrative responsibility for the
17 Recycling Markets Advisory Committee to the Department of
Environmental Protection. Renames the Office of the Film
18 Commissioner as the Governor's Office of Film and
Entertainment, the Film Commissioner as the Commissioner
19 of Film and Entertainment, and the Florida Film Advisory
Council as the Florida Film and Entertainment Advisory
20 Council. Provides for Enterprise Florida, Inc., to
administer defense grant programs and make
21 recommendations to the Office of Tourism, Trade, and
Economic Development on approval of grant awards. Assigns
22 responsibility for ongoing administration of the
Certified Capital Company Act to the Department of
23 Banking and Finance. Authorizes the Institute of Food and
Agricultural Sciences of the University of Florida to
24 contract and receive money to support the Florida State
Rural Development Council. Provides for the Department of
25 Community Affairs to administer the Urban High-Crime Area
Job Tax Credit Program, the Rural Job Tax Credit Program,
26 the Rural Job Tax Credit, the Urban Job Tax Credit, and
the community contribution tax credit. Provides for
27 Enterprise Florida, Inc., to administer the enterprise
zone program and make recommendations to the Office of
28 Tourism, Trade, and Economic Development. Provides for
Enterprise Florida, Inc., to make recommendations to the
29 Office of Tourism, Trade, and Economic Development
regarding revocations of enterprise zone designations and
30 amendments of enterprise zone boundaries. Specifies that
Enterprise Florida, Inc., serve as staff to the
31 Enterprise Zone Interagency Coordinating Council. Revises
criteria for the Rural Economic Development Initiative.
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1 Creates the Retention Enhancing Communities Initiative,
provides for selection of RECI participants by the WAGES
2 Program State Board of Directors, provides for
appointment of liaisons, authorizes the Governor to
3 address barriers to implementation of RECI proposals,
provides for RECI elements, establishes a center for
4 community excellence, and provides appropriations for
RECI elements. Creates the Florida Communities Investment
5 Act. Provides for state designation of tax-free zones and
for revocation of tax-free zone designations. Creates the
6 Florida Communities Tax Abatement Program to provide an
exemption from sales and ad valorem taxation in
7 designated tax-free zones. Increases the community
contribution tax credit and a cap on annual tax credits.
8 Applies a tax exemption for silicon technology production
and research and development to semiconductor technology
9 production and research and development. Provides an
exemption from taxation for building materials purchased
10 for use in manufacturing or expanding clean rooms for
semiconductor manufacturing facilities. Repeals
11 provisions relating to the Employing and Training Our
Youths (ENTRY) program and the International Trade Data
12 Resource and Research Center.
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