House Bill hb1539

CODING: Words stricken are deletions; words underlined are additions.




    Florida House of Representatives - 2001                HB 1539

        By the Committee on Economic Development & International
    Trade and Representatives Prieguez, Wilson, Meadows, Kilmer,
    Betancourt, Mahon, Pickens, Carassas, Atwater, Harper and
    Benson



  1                      A bill to be entitled

  2         An act relating to economic development;

  3         amending s. 212.13, F.S.; requiring freight

  4         forwarders to provide warehouse receipts or

  5         copies of airway bills or bills of lading for

  6         certain purposes; providing receipt

  7         requirements; requiring freight forwarders to

  8         maintain certain records for a time certain;

  9         providing for effect of such documentation;

10         providing a misdemeanor penalty for failing to

11         provide such documentation or maintain certain

12         records; amending s. 288.012, F.S.; revising

13         reporting requirements for State of Florida

14         foreign offices under contract with Enterprise

15         Florida, Inc.; amending s. 288.095, F.S.;

16         revising a limit on refunds that may be made in

17         a fiscal year; amending s. 288.90151, F.S.;

18         revising provisions relating to a report on

19         customer satisfaction surveys; revising

20         provisions relating to the development of a

21         methodology for establishing and reporting on

22         returns on investments; amending s. 288.905,

23         F.S.; revising the due date for the submission

24         of a strategic plan for economic development;

25         amending s. 288.906, F.S.; requiring entities

26         with authority to audit Enterprise Florida,

27         Inc., to coordinate audits with the Auditor

28         General; providing effective dates.

29

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

31

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1539

    170-874-01






  1         Section 1.  Effective January 1, 2002, subsection (1)

  2  of section 212.13, Florida Statutes, is amended to read:

  3         212.13  Records required to be kept; power to inspect;

  4  audit procedure.--

  5         (1)(a)  For the purpose of enforcing the collection of

  6  the tax levied by this chapter, the department is hereby

  7  specifically authorized and empowered to examine at all

  8  reasonable hours the books, records, and other documents of

  9  all transportation companies, agencies, or firms that conduct

10  their business by truck, rail, water, aircraft, or otherwise,

11  in order to determine what dealers, or other persons charged

12  with the duty to report or pay a tax under this chapter, are

13  importing or are otherwise shipping in articles or tangible

14  personal property which are liable for said tax.  In the event

15  said transportation company, agency, or firm refuses to permit

16  such examination of its books, records, or other documents by

17  the department as aforesaid, it is guilty of a misdemeanor of

18  the first degree, punishable as provided in s. 775.082 or s.

19  775.083. If, however, any subsequent offense involves

20  intentional destruction of such records with an intent to

21  evade payment of or deprive the state of any tax revenues,

22  such subsequent offense shall be a felony of the third degree,

23  punishable as provided in s. 775.082 or s. 775.083. The

24  department shall have the right to proceed in any chancery

25  court to seek a mandatory injunction or other appropriate

26  remedy to enforce its right against the offender, as granted

27  by this section, to require an examination of the books and

28  records of such transportation company or carrier.

29         (b)  Each freight forwarder operating in this state

30  shall provide a warehouse receipt for any tangible personal

31  property received from any person for the purpose of

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1539

    170-874-01






  1  transporting such property outside this state by air or water.

  2  The warehouse receipt shall be provided to the person who

  3  engages the freight forwarder to arrange such transportation

  4  at the time the tangible personal property is delivered to the

  5  freight forwarder. The warehouse receipt shall contain the

  6  name, address, and telephone number of the freight forwarder,

  7  a preprinted warehouse receipt number, the date the property

  8  was delivered to the freight forwarder, and a brief

  9  description of the tangible personal property. Within 2 weeks

10  after the date the freight forwarder receives the airway bill

11  or bill of lading from the transportation company with whom

12  the freight forwarder has contracted to transport the tangible

13  personal property, the freight forwarder shall mail or deliver

14  the airway bill or bill of lading to the person for whom the

15  freight forwarder arranged transportation of the tangible

16  personal property. The warehouse receipt and airway bill or

17  bill of lading shall constitute evidence that the tangible

18  personal property was sold in a sale for export under s.

19  212.06(5)(a). A freight forwarder shall maintain a copy of

20  each such warehouse receipt, airway bill, and bill of lading

21  in its own records for a period of 3 years. Any freight

22  forwarder who fails to provide the documentation required by

23  this paragraph to a person who arranges air or water

24  transportation of tangible personal property through the

25  freight forwarder or who fails to maintain such required

26  documentation in its records as provided in this paragraph

27  commits a misdemeanor of the second degree, punishable as

28  provided in s. 775.082 or s. 775.083.

29         Section 2.  Subsections (4), (5), and (6) of section

30  288.012, Florida Statutes, are renumbered as subsections (5),

31

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1539

    170-874-01






  1  (6), and (7), respectively, and new subsection (4) is added to

  2  said section to read:

  3         288.012  State of Florida foreign offices.--The

  4  Legislature finds that the expansion of international trade

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

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

  7  of technical and business assistance, financial assistance,

  8  and information services for businesses in this state. The

  9  Legislature finds that these businesses could be assisted by

10  providing these services at State of Florida foreign offices.

11  The Legislature further finds that the accessibility and

12  provision of services at these offices can be enhanced through

13  cooperative agreements or strategic alliances between state

14  entities, local entities, foreign entities, and private

15  businesses.

16         (4)  By December 1 of each year, as part of the annual

17  report with Enterprise Florida, Inc., each foreign office

18  under contract with Enterprise Florida, Inc., shall submit to

19  the Office of Tourism, Trade, and Economic Development a

20  complete and detailed report of its activities and

21  accomplishments during the preceding fiscal year. In a format

22  provided by Enterprise Florida, Inc., the report shall set

23  forth the following information:

24         (a)  The number of Florida companies assisted.

25         (b)  The number of inquiries received about investment

26  opportunities in this state.

27         (c)  The number of trade leads generated.

28         (d)  The number of investment projects announced.

29         (e)  The estimated United States dollar value of sales

30  confirmations.

31         (f)  The number of representation agreements.

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1539

    170-874-01






  1         (g)  The number of company consultations.

  2         (h)  Barriers or other issues affecting the effective

  3  operation of the office.

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

  5  the current fiscal year.

  6         (j)  Marketing activities conducted.

  7         (k)  Strategic alliances formed with organizations in

  8  the country in which the office is located.

  9         (l)  Activities conducted with other Florida foreign

10  offices.

11         (m)  Any other information that the office believes

12  would contribute to an understanding of its activities.

13         Section 3.  Paragraph (a) of subsection (3) of section

14  288.095, Florida Statutes, is amended to read:

15         288.095  Economic Development Trust Fund.--

16         (3)(a)  The Office of Tourism, Trade, and Economic

17  Development may approve applications for certification

18  pursuant to ss. 288.1045(3) and 288.106. However, the total

19  state share of tax refund payments scheduled in all active

20  certifications for fiscal year 2000-2001 shall not exceed $24

21  million. The state share of tax refund payments scheduled in

22  all active certifications for fiscal year 2001-2002 and each

23  subsequent year shall not exceed $30 million and for fiscal

24  year 2002-2003 and each subsequent fiscal year shall not

25  exceed $35 million.

26         Section 4.  Subsection (8) of section 288.90151,

27  Florida Statutes, is amended to read:

28         288.90151  Return on investment from activities of

29  Enterprise Florida, Inc.--

30         (8)  Enterprise Florida, Inc., in consultation with the

31  Office of Program Policy Analysis and Government

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1539

    170-874-01






  1  Accountability, shall hire an economic analysis a private

  2  accounting firm to develop the methodology for establishing

  3  and reporting return-on-investment and in-kind contributions

  4  as described in this section and a survey firm to develop,

  5  analyze, and report on the results of the

  6  customer-satisfaction survey.  The Office of Program Policy

  7  Analysis and Government Accountability shall review and offer

  8  feedback on the methodology before it is implemented.  The

  9  firms used to satisfy such requirements private accounting

10  firm shall certify whether the applicable statements in the

11  annual report comply with this subsection.

12         Section 5.  Subsection (2) of section 288.905, Florida

13  Statutes, is amended to read:

14         288.905  Duties of the board of directors of Enterprise

15  Florida, Inc.--

16         (2)  The board of directors shall, in conjunction with

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

18  Office of Urban Opportunities, and local and regional economic

19  development partners, develop a strategic plan for economic

20  development for the State of Florida. Such plan shall be

21  submitted to the Governor, the President of the Senate, the

22  Speaker of the House of Representatives, the Senate Minority

23  Leader, and the House Minority Leader and shall be updated or

24  modified before January 31 1 of each year.  The plan must be

25  approved by the board of directors prior to submission to the

26  Governor and Legislature.

27         Section 6.  Paragraph (c) is added to subsection (2) of

28  section 288.906, Florida Statutes, to read:

29         288.906  Annual report of Enterprise Florida, Inc.;

30  audits; confidentiality.--

31         (2)

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1539

    170-874-01






  1         (c)  During each fiscal year, state entities with

  2  authority to audit Enterprise Florida, Inc., shall coordinate

  3  with the Auditor General so that a single state audit of the

  4  activities of Enterprise Florida, Inc., for the prior year is

  5  conducted. Any additional audit must be specifically

  6  authorized by the Joint Legislative Auditing Committee.

  7         Section 7.  Except as otherwise provided herein, this

  8  act shall take effect upon becoming a law.

  9

10            *****************************************

11                          HOUSE SUMMARY

12
      Revises economic development provisions relating to
13    freight forwarders' required warehouse information and
      records maintenance, reporting requirements for State of
14    Florida foreign offices under contract with Enterprise
      Florida, Inc., limits on refunds that may be made in a
15    fiscal year, reports on customer satisfaction surveys,
      development of a methodology for establishing and
16    reporting on returns on investments, the due date for the
      submission of a strategic plan for economic development,
17    and entities with authority to audit Enterprise Florida,
      Inc., coordinating audits with the Auditor General. See
18    bill for details.

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  7

CODING: Words stricken are deletions; words underlined are additions.