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

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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.;

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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

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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

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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

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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.

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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:

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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

31

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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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  1            *****************************************

  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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