HOUSE AMENDMENT
                                                  Bill No. HB 1539
    Amendment No. 2 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  The Council for Competitive Commerce offered the following:
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13         Amendment (with title amendment) 
14         On page 7, between lines 6-7 of the bill
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16  insert:  
17         Section 7.  Paragraphs (a) and (d) of subsection (3),
18  paragraph (a) of subsection (4), and subsections (5) and (6)
19  of section 288.106, Florida Statutes, are amended to read:
20         288.106  Tax refund program for qualified target
21  industry businesses.--
22         (3)  APPLICATION AND APPROVAL PROCESS.--
23         (a)  To apply for certification as a qualified target
24  industry business under this section, the business must file
25  an application with the office before the business has made
26  the decision to locate a new business in this state or before
27  the business had made the decision to expand an existing
28  business in this state. The application shall include, but is
29  not limited to, the following information:
30         1.  The applicant's federal employer identification
31  number and the applicant's state sales tax registration
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    File original & 9 copies    04/23/01                          
    hbt0002                     04:56 pm         01539-ccc -363161

HOUSE AMENDMENT Bill No. HB 1539 Amendment No. 2 (for drafter's use only) 1 number. 2 2. The permanent location of the applicant's facility 3 in this state at which the project is or is to be located. 4 3. A description of the type of business activity or 5 product covered by the project, including four-digit SIC codes 6 for all activities included in the project. 7 4. The number of net new full-time equivalent Florida 8 jobs at the qualified target industry business as of December 9 31 of each year included in this state that are or will be 10 dedicated to the project and the average wage of those jobs. 11 If more than one type of business activity or product is 12 included in the project, the number of jobs and average wage 13 for those jobs must be separately stated for each type of 14 business activity or product. 15 5. The total number of full-time equivalent employees 16 employed by the applicant in this state. 17 6. The anticipated commencement date of the project. 18 7. A brief statement concerning the role that the tax 19 refunds requested will play in the decision of the applicant 20 to locate or expand in this state. 21 8. An estimate of the proportion of the sales 22 resulting from the project that will be made outside this 23 state. 24 9. A resolution adopted by the governing board of the 25 county or municipality in which the project will be located, 26 which resolution recommends that certain types of businesses 27 be approved as a qualified target industry business and states 28 that the commitments of local financial support necessary for 29 the target industry business exist. In advance of the passage 30 of such resolution, the office may also accept an official 31 letter from an authorized local economic development agency 2 File original & 9 copies 04/23/01 hbt0002 04:56 pm 01539-ccc -363161
HOUSE AMENDMENT Bill No. HB 1539 Amendment No. 2 (for drafter's use only) 1 that endorses the proposed target industry project and pledges 2 that sources of local financial support for such project 3 exist. For the purposes of making pledges of local financial 4 support under this subsection, the authorized local economic 5 development agency shall be officially designated by the 6 passage of a one-time resolution by the local governing 7 authority. 8 10. Any additional information requested by the 9 office. 10 (d) The office shall forward its written findings and 11 evaluation concerning each application meeting the 12 requirements of paragraph (b) to the director within 45 13 calendar days after receipt of a complete application. The 14 office shall notify each target industry business when its 15 application is complete, and of the time when the 45-day 16 period begins. In its written report to the director, the 17 office shall specifically address each of the factors 18 specified in paragraph (c) and shall make a specific 19 assessment with respect to the minimum requirements 20 established in paragraph (b). The office shall include in its 21 report projections of the tax refunds the business would be 22 eligible to receive refund claim that will be sought by the 23 target industry business in each fiscal year based on the 24 creation and maintenance of the net new Florida jobs specified 25 in subparagraph (a)4. as of December 31 of the preceding state 26 fiscal year information submitted in the application. 27 (4) TAX REFUND AGREEMENT.-- 28 (a) Each qualified target industry business must enter 29 into a written agreement with the office which specifies, at a 30 minimum: 31 1. The total number of full-time equivalent jobs in 3 File original & 9 copies 04/23/01 hbt0002 04:56 pm 01539-ccc -363161
HOUSE AMENDMENT Bill No. HB 1539 Amendment No. 2 (for drafter's use only) 1 this state that will be dedicated to the project, the average 2 wage of those jobs, the definitions that will apply for 3 measuring the achievement of these terms during the pendency 4 of the agreement, and a time schedule or plan for when such 5 jobs will be in place and active in this state. This 6 information must be the same as the information contained in 7 the application submitted by the business under subsection 8 (3). 9 2. The maximum amount of tax refunds which the 10 qualified target industry business is eligible to receive on 11 the project and the maximum amount of a tax refund that the 12 qualified target industry business is eligible to receive in 13 each fiscal year, based on the job creation and maintenance 14 schedule specified in subparagraph 1. 15 3. That the office may review and verify the financial 16 and personnel records of the qualified target industry 17 business to ascertain whether that business is in compliance 18 with this section. 19 4. The date by after which, in each fiscal year, the 20 qualified target industry business may file a an annual claim 21 under subsection (5) to be considered to receive a tax refund 22 in the following fiscal year. 23 5. That local financial support will be annually 24 available and will be paid to the account. The director may 25 not enter into a written agreement with a qualified target 26 industry business if the local financial support resolution is 27 not passed by the local governing authority within 90 days 28 after he or she has issued the letter of certification under 29 subsection (3). 30 31 Any tax refund agreement or amendment executed prior to the 4 File original & 9 copies 04/23/01 hbt0002 04:56 pm 01539-ccc -363161
HOUSE AMENDMENT Bill No. HB 1539 Amendment No. 2 (for drafter's use only) 1 effective date of this act shall be subject to the terms and 2 conditions specified in that agreement as dictated by the laws 3 in force at the time of execution, except with respect to 4 paragraphs (5)(e), (g), and (i). 5 (5) ANNUAL CLAIM FOR REFUND.-- 6 (a) To be eligible to claim any scheduled tax refund, 7 a qualified target industry business that has entered into a 8 tax refund agreement with the office under subsection (4) must 9 may apply by January 31 of once each fiscal year to the office 10 for the a tax refund scheduled to be paid from the 11 appropriation for the fiscal year which begins on July 1 12 following the January 31 claims submission date. The office 13 may, upon written request, grant a 30-day extension of the 14 filing date. The application must be made on or after the date 15 specified in that agreement. 16 (b) The claim for refund by the qualified target 17 industry business must include a copy of all receipts 18 pertaining to the payment of taxes for which the refund is 19 sought and data related to achievement of each performance 20 item specified in the tax refund agreement. The amount 21 requested as a tax refund may not exceed the amount specified 22 for the relevant that fiscal year in that agreement. 23 (c) A tax refund may not be approved for a qualified 24 target industry business unless the required local financial 25 support has been paid into the account for that refund in that 26 fiscal year. If the local financial support provided is less 27 than 20 percent of the approved tax refund, the tax refund 28 must be reduced. In no event may the tax refund exceed an 29 amount that is equal to 5 times the amount of the local 30 financial support received. Further, funding from local 31 sources includes any tax abatement granted to that business 5 File original & 9 copies 04/23/01 hbt0002 04:56 pm 01539-ccc -363161
HOUSE AMENDMENT Bill No. HB 1539 Amendment No. 2 (for drafter's use only) 1 under s. 196.1995 or the appraised market value of municipal 2 or county land conveyed or provided at a discount to that 3 business. The amount of any tax refund for such business 4 approved under this section must be reduced by the amount of 5 any such tax abatement granted or the value of the land 6 granted; and the limitations in subsection (2) and paragraph 7 (3)(f) must be reduced by the amount of any such tax abatement 8 or the value of the land granted. A report listing all sources 9 of the local financial support shall be provided to the office 10 when such support is paid to the account. 11 (d) A prorated tax refund, less a 5-percent penalty, 12 shall be approved for a qualified target industry business 13 provided all other applicable requirements have been satisfied 14 and the business proves to the satisfaction of the director 15 that it has achieved at least 80 percent of its projected 16 employment. 17 (e) The director, with such assistance as may be 18 required from the office, the Department of Revenue, or the 19 Agency for Workforce Innovation Department of Labor and 20 Employment Security, shall, by June 30 following the scheduled 21 date for the tax refund claim submission, specify by written 22 final order the approval or disapproval of the tax refund 23 claim and, if approved, the amount of the tax refund that is 24 authorized to be paid to for the qualified target industry 25 business for the fiscal year within 30 days after the date 26 that the claim for the annual tax refund is received by the 27 office. The office may grant an extension of this date on the 28 request of the qualified target industry business for the 29 purpose of filing additional information in support of the 30 claim. 31 (f) The total amount of tax refund claims approved by 6 File original & 9 copies 04/23/01 hbt0002 04:56 pm 01539-ccc -363161
HOUSE AMENDMENT Bill No. HB 1539 Amendment No. 2 (for drafter's use only) 1 the director under this section in any fiscal year must not 2 exceed the amount authorized under s. 288.095(3). 3 (g) Nothing in this section shall create a presumption 4 that a scheduled tax refund claim will be approved and paid. 5 (h)(g) Upon approval of the tax refund under 6 paragraphs (c), (d), and (e), the Comptroller shall issue a 7 warrant for the amount specified in the final order. If the 8 final order is appealed, the Comptroller may not issue a 9 warrant for a refund to the qualified target industry business 10 until the conclusion of all appeals of that order. 11 (i) Claims authorized in tax refund agreements or 12 amendments executed prior to the effective date of this act 13 shall be filed and evaluated under the terms and conditions 14 specified in those agreements or amendments and the laws in 15 effect at the time of execution, unless amended after that 16 date. 17 (6) ADMINISTRATION.-- 18 (a) The office is authorized to verify information 19 provided in any claim submitted for tax credits under this 20 section with regard to employment and wage levels or the 21 payment of the taxes to the appropriate agency or authority, 22 including the Department of Revenue, the Agency for Workforce 23 Innovation Department of Labor and Employment Security, or any 24 local government or authority. 25 (b) To facilitate the process of monitoring and 26 auditing applications made under this program, the office may 27 provide a list of qualified target industry businesses to the 28 Department of Revenue, to the Agency for Workforce Innovation 29 Department of Labor and Employment Security, or to any local 30 government or authority. The office may request the assistance 31 of those entities with respect to monitoring the payment of 7 File original & 9 copies 04/23/01 hbt0002 04:56 pm 01539-ccc -363161
HOUSE AMENDMENT Bill No. HB 1539 Amendment No. 2 (for drafter's use only) 1 the taxes listed in subsection (2). 2 (c) Funds specifically appropriated for Qualified 3 Targeted Industries shall not be used for any purpose other 4 than the payment of tax refunds authorized by this section. 5 Section 8 Paragraph (a) of subsection (2) of section 6 288.980, Florida Statutes, is amended to read: 7 288.980 Military base retention; legislative intent; 8 grants program.-- 9 (2)(a) The Office of Tourism, Trade, and Economic 10 Development is authorized to award grants from any funds 11 specifically appropriated available to it to support 12 activities related to the retention of military installations 13 potentially affected by federal base closure or realignment. 14 15 16 ================ T I T L E A M E N D M E N T =============== 17 And the title is amended as follows: 18 On page 1, line 28 after the semicolon 19 20 insert in lieu thereof: 21 amending s. 288.106, F.S., relating to the tax 22 refund program for qualified target industry 23 businesses; revising requirements for 24 application for certification as such business 25 with respect to the number of new jobs at the 26 business and projections by the Office of 27 Tourism, Trade, and Economic Development of 28 refunds based thereon; revising requirements 29 relating to the tax refund agreement with 30 respect to job creation and the time for filing 31 of claims for refund; revising provisions 8 File original & 9 copies 04/23/01 hbt0002 04:56 pm 01539-ccc -363161
HOUSE AMENDMENT Bill No. HB 1539 Amendment No. 2 (for drafter's use only) 1 relating to annual claims for refund; providing 2 an application deadline; revising provisions 3 relating to the order authorizing a tax refund; 4 specifying that nothing in said section creates 5 a presumption that a claim will be approved and 6 paid; providing applicability to tax refund 7 agreements and claims for refund executed prior 8 to the effective date of the act; revising the 9 agencies with which the office may verify 10 information and to which the office may provide 11 information; specifying that certain 12 appropriations may not be used for any purpose 13 other than the payment of specified tax 14 refunds; amending s. 288.980, F.S.; providing 15 that grants by the office to support activities 16 related to the retention of military 17 installations potentially affected by closure 18 or realignment must be from funds specifically 19 appropriated therefor; 20 21 22 23 24 25 26 27 28 29 30 31 9 File original & 9 copies 04/23/01 hbt0002 04:56 pm 01539-ccc -363161