Senate Bill sb2168
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Florida Senate - 2002 SB 2168
By Senator Latvala
19-1132-02
1 A bill to be entitled
2 An act relating to Brownfield redevelopment;
3 amending s. 288.106, F.S.; eliminating local
4 financial support for target industry and
5 Brownfield redevelopment bonus refunds;
6 amending s. 228.107, F.S.; revising the
7 criteria for participation in the bonus refund
8 program; providing an effective date.
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10 Be It Enacted by the Legislature of the State of Florida:
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12 Section 1. Paragraph (a) of subsection (3) and
13 paragraph (a) of subsection (4) of section 288.106, Florida
14 Statutes, are amended to read:
15 288.106 Tax refund program for qualified target
16 industry businesses.--
17 (3) APPLICATION AND APPROVAL PROCESS.--
18 (a) To apply for certification as a qualified target
19 industry business under this section, the business must file
20 an application with the office before the business has made
21 the decision to locate a new business in this state or before
22 the business had made the decision to expand an existing
23 business in this state. The application shall include, but is
24 not limited to, the following information:
25 1. The applicant's federal employer identification
26 number and the applicant's state sales tax registration
27 number.
28 2. The permanent location of the applicant's facility
29 in this state at which the project is or is to be located.
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Florida Senate - 2002 SB 2168
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1 3. A description of the type of business activity or
2 product covered by the project, including four-digit SIC codes
3 for all activities included in the project.
4 4. The number of full-time equivalent jobs in this
5 state that are or will be dedicated to the project and the
6 average wage of those jobs. If more than one type of business
7 activity or product is included in the project, the number of
8 jobs and average wage for those jobs must be separately stated
9 for each type of business activity or product.
10 5. The total number of full-time equivalent employees
11 employed by the applicant in this state.
12 6. The anticipated commencement date of the project.
13 7. A brief statement concerning the role that the tax
14 refunds requested will play in the decision of the applicant
15 to locate or expand in this state.
16 8. An estimate of the proportion of the sales
17 resulting from the project that will be made outside this
18 state.
19 9. A resolution adopted by the governing board of the
20 county or municipality in which the project will be located,
21 which resolution recommends that certain types of businesses
22 be approved as a qualified target industry business and states
23 that the commitments of local financial support necessary for
24 the target industry business exist. In advance of the passage
25 of such resolution, the office may also accept an official
26 letter from an authorized local economic development agency
27 that endorses the proposed target industry project and pledges
28 that sources of local financial support for such project
29 exist. For the purposes of making pledges of local financial
30 support under this subsection, the authorized local economic
31 development agency shall be officially designated by the
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Florida Senate - 2002 SB 2168
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1 passage of a one-time resolution by the local governing
2 authority.
3 9.10. Any additional information requested by the
4 office.
5 (4) TAX REFUND AGREEMENT.--
6 (a) Each qualified target industry business must enter
7 into a written agreement with the office which specifies, at a
8 minimum:
9 1. The total number of full-time equivalent jobs in
10 this state that will be dedicated to the project, the average
11 wage of those jobs, the definitions that will apply for
12 measuring the achievement of these terms during the pendency
13 of the agreement, and a time schedule or plan for when such
14 jobs will be in place and active in this state. This
15 information must be the same as the information contained in
16 the application submitted by the business under subsection
17 (3).
18 2. The maximum amount of tax refunds which the
19 qualified target industry business is eligible to receive on
20 the project and the maximum amount of a tax refund that the
21 qualified target industry business is eligible to receive in
22 each fiscal year.
23 3. That the office may review and verify the financial
24 and personnel records of the qualified target industry
25 business to ascertain whether that business is in compliance
26 with this section.
27 4. The date after which, in each fiscal year, the
28 qualified target industry business may file an annual claim
29 under subsection (5).
30 5. That local financial support will be annually
31 available and will be paid to the account. The director may
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Florida Senate - 2002 SB 2168
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1 not enter into a written agreement with a qualified target
2 industry business if the local financial support resolution is
3 not passed by the local governing authority within 90 days
4 after he or she has issued the letter of certification under
5 subsection (3).
6 Section 2. Paragraph (e) of subsection (1) and
7 paragraph (b) of subsection (3) of section 288.107, Florida
8 Statutes, are amended to read:
9 288.107 Brownfield redevelopment bonus refunds.--
10 (1) DEFINITIONS.--As used in this section:
11 (e) "Eligible business" means a qualified target
12 industry business as defined in s. 288.106(1)(o) or other
13 business that can demonstrate a fixed capital investment of at
14 least $2 million in mixed-use business activities, including
15 multiunit housing, commercial, retail, and industrial in
16 brownfield areas and which pays wages that are at least 60 80
17 percent of the average of all private sector wages in the
18 county in which the business is located.
19 (3) CRITERIA.--The minimum criteria for participation
20 in the brownfield redevelopment bonus refund are:
21 (b) The completion of a fixed capital investment of at
22 least $2 million in mixed-use business activities, including
23 multiunit housing, commercial, retail, and industrial in
24 brownfield areas and which pay wages that are at least 60 80
25 percent of the average of all private sector wages in the
26 county in which the business is located.
27 Section 3. This act shall take effect upon becoming a
28 law.
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Florida Senate - 2002 SB 2168
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2 SENATE SUMMARY
3 Eliminates local financial support for target industry
and Brownfield redevelopment bonus refunds and revises
4 the criteria for participation in Brownfield
redevelopment bonus refunds.
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