House Bill hb1451

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    Florida House of Representatives - 2002                HB 1451

        By Representatives Davis, Haridopolos, Allen and Needelman






  1                      A bill to be entitled

  2         An act relating to the qualified defense

  3         contractor tax refund program; amending s.

  4         288.1045, F.S.; revising a definition; revising

  5         a qualification criterion; providing an

  6         effective date.

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

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10         Section 1.  Paragraph (e) of subsection (1) and

11  paragraph (e) of subsection (3) of section 288.1045, Florida

12  Statutes, are amended to read:

13         288.1045  Qualified defense contractor tax refund

14  program.--

15         (1)  DEFINITIONS.--As used in this section:

16         (e)  "Department of Defense contract" means a

17  competitively bid Department of Defense contract or a

18  competitively bid federal agency contract issued on behalf of

19  the Department of Defense for manufacturing, assembling,

20  fabricating, research, development, or design with a duration

21  of 2 or more years, but excluding any contract to provide

22  goods, improvements to real or tangible property, or services

23  directly to or for any particular military base or

24  installation in this state. The term includes contracts

25  approved by the United States Department of Defense or the

26  United States Department of State for products for military

27  use.

28         (3)  APPLICATION PROCESS; REQUIREMENTS; AGENCY

29  DETERMINATION.--

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    Florida House of Representatives - 2002                HB 1451

    759-117A-02






  1         (e)  To qualify for review by the office, the

  2  application of an applicant must, at a minimum, establish the

  3  following to the satisfaction of the office:

  4         1.  The jobs proposed to be provided under the

  5  application, pursuant to subparagraph (b)6. or subparagraph

  6  (c)6., must pay an estimated annual average wage equaling at

  7  least 115 percent of the average wage in the area where the

  8  project is to be located.

  9         2.  The consolidation of a Department of Defense

10  contract must result in a net increase of at least 25 percent

11  in the number of jobs at the applicant's facilities in this

12  state or the addition of at least 80 jobs at the applicant's

13  facilities in this state.

14         3.  The conversion of defense production jobs to

15  nondefense production jobs must result in net increases in

16  nondefense employment at the applicant's facilities in this

17  state.

18         4.  The Department of Defense contract cannot allow the

19  business to include the costs of relocation or retooling in

20  its base as allowable costs under a cost-plus, or similar,

21  contract.

22         5.  A business unit of the applicant must have derived

23  not less than 60 70 percent of its gross receipts in this

24  state from Department of Defense contracts over the

25  applicant's last fiscal year, and must have derived not less

26  than an average of 60 80 percent of its gross receipts in this

27  state from Department of Defense contracts over the 5 years

28  preceding the date an application is submitted pursuant to

29  this section. This subparagraph does not apply to any

30  application for certification based on a contract for reuse of

31  a defense-related facility.

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    Florida House of Representatives - 2002                HB 1451

    759-117A-02






  1         6.  The reuse of a defense-related facility must result

  2  in the creation of at least 100 jobs at such facility.

  3         Section 2.  This act shall take effect upon becoming a

  4  law.

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  6            *****************************************

  7                          HOUSE SUMMARY

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      Includes contracts approved by the United States
  9    Department of Defense or the United States Department of
      State for products for military use within the definition
10    of a Department of Defense contract. Revises a review
      qualification criterion relating to gross receipts in
11    Florida from Department of Defense contracts. See bill
      for details.
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