Senate Bill sb2168c1
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Florida Senate - 2002 CS for SB 2168
By the Committee on Commerce and Economic Opportunities; and
Senator Latvala
310-2014-02
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. 288.107, F.S.; revising the
7 criteria for participation in the bonus refund
8 program; amending s. 376.80, F.S.; providing
9 for certain unencumbered funds to be used for
10 grants related to certain brownfield sites;
11 providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Paragraph (a) of subsection (3) and
16 paragraph (a) of subsection (4) of section 288.106, Florida
17 Statutes, are amended to read:
18 288.106 Tax refund program for qualified target
19 industry businesses.--
20 (3) APPLICATION AND APPROVAL PROCESS.--
21 (a) To apply for certification as a qualified target
22 industry business under this section, the business must file
23 an application with the office before the business has made
24 the decision to locate a new business in this state or before
25 the business had made the decision to expand an existing
26 business in this state. The application shall include, but is
27 not limited to, the following information:
28 1. The applicant's federal employer identification
29 number and the applicant's state sales tax registration
30 number.
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Florida Senate - 2002 CS for SB 2168
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1 2. The permanent location of the applicant's facility
2 in this state at which the project is or is to be located.
3 3. A description of the type of business activity or
4 product covered by the project, including four-digit SIC codes
5 for all activities included in the project.
6 4. The number of full-time equivalent jobs in this
7 state that are or will be dedicated to the project and the
8 average wage of those jobs. If more than one type of business
9 activity or product is included in the project, the number of
10 jobs and average wage for those jobs must be separately stated
11 for each type of business activity or product.
12 5. The total number of full-time equivalent employees
13 employed by the applicant in this state.
14 6. The anticipated commencement date of the project.
15 7. A brief statement concerning the role that the tax
16 refunds requested will play in the decision of the applicant
17 to locate or expand in this state.
18 8. An estimate of the proportion of the sales
19 resulting from the project that will be made outside this
20 state.
21 9. A resolution adopted by the governing board of the
22 county or municipality in which the project will be located,
23 which resolution recommends that certain types of businesses
24 be approved as a qualified target industry business and states
25 that the commitments of local financial support necessary for
26 the target industry business exist. In advance of the passage
27 of such resolution, the office may also accept an official
28 letter from an authorized local economic development agency
29 that endorses the proposed target industry project and pledges
30 that sources of local financial support for such project
31 exist. For the purposes of making pledges of local financial
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Florida Senate - 2002 CS for SB 2168
310-2014-02
1 support under this subsection, the authorized local economic
2 development agency shall be officially designated by the
3 passage of a one-time resolution by the local governing
4 authority.
5 9.10. Any additional information requested by the
6 office.
7 (4) TAX REFUND AGREEMENT.--
8 (a) Each qualified target industry business must enter
9 into a written agreement with the office which specifies, at a
10 minimum:
11 1. The total number of full-time equivalent jobs in
12 this state that will be dedicated to the project, the average
13 wage of those jobs, the definitions that will apply for
14 measuring the achievement of these terms during the pendency
15 of the agreement, and a time schedule or plan for when such
16 jobs will be in place and active in this state. This
17 information must be the same as the information contained in
18 the application submitted by the business under subsection
19 (3).
20 2. The maximum amount of tax refunds which the
21 qualified target industry business is eligible to receive on
22 the project and the maximum amount of a tax refund that the
23 qualified target industry business is eligible to receive in
24 each fiscal year.
25 3. That the office may review and verify the financial
26 and personnel records of the qualified target industry
27 business to ascertain whether that business is in compliance
28 with this section.
29 4. The date after which, in each fiscal year, the
30 qualified target industry business may file an annual claim
31 under subsection (5).
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Florida Senate - 2002 CS for SB 2168
310-2014-02
1 5. That local financial support will be annually
2 available and will be paid to the account. The director may
3 not enter into a written agreement with a qualified target
4 industry business if the local financial support resolution is
5 not passed by the local governing authority within 90 days
6 after he or she has issued the letter of certification under
7 subsection (3).
8 Section 2. Paragraph (e) of subsection (1) and
9 paragraph (b) of subsection (3) of section 288.107, Florida
10 Statutes, are amended to read:
11 288.107 Brownfield redevelopment bonus refunds.--
12 (1) DEFINITIONS.--As used in this section:
13 (e) "Eligible business" means a qualified target
14 industry business as defined in s. 288.106(1)(o) or other
15 business that can demonstrate a fixed capital investment of at
16 least $2 million in mixed-use business activities, including
17 multiunit housing, commercial, retail, and industrial in
18 brownfield areas and which pays wages that are at least 60 80
19 percent of the average of all private sector wages in the
20 county in which the business is located.
21 (3) CRITERIA.--The minimum criteria for participation
22 in the brownfield redevelopment bonus refund are:
23 (b) The completion of a fixed capital investment of at
24 least $2 million in mixed-use business activities, including
25 multiunit housing, commercial, retail, and industrial in
26 brownfield areas and which pay wages that are at least 60 80
27 percent of the average of all private sector wages in the
28 county in which the business is located.
29 Section 3. Subsection (13) is added to section 376.80,
30 Florida Statutes, to read:
31 376.80 Brownfield program administration process.--
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Florida Senate - 2002 CS for SB 2168
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1 (13) Annually, any unencumbered funds remaining
2 undisbursed on or at the close of the fiscal year on June 30
3 from the Quick-Response Training Program, from brownfield
4 redevelopment bonus refunds, and from unencumbered,
5 undisbursed funds appropriated in the General Appropriations
6 Act for cleanup of state-owned lands shall be used for grants
7 to fund expenses relating to the assessment and remediation of
8 brownfield sites within areas designated pursuant to this
9 section for those jurisdictions that have United-States
10 Environmental-Protection-Agency brownfield pilot projects
11 designated prior to July 1, 1997. Grants shall be distributed
12 to eligible pilot projects under this section on a pro-rata
13 basis in an amount not to exceed $500,000 per pilot project,
14 provided that there is a total of at least $100,000 to
15 disburse.
16 Section 4. This act shall take effect upon becoming a
17 law.
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19 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
20 Senate Bill 2168
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22 The committee substitute substantively changes SB 2168 by
amending the Brownfields Redevelopment Act to provide that
23 certain unencumbered, undisbursed funds relating to the
Quick-Response Training Program, brownfield redevelopment
24 bonus refunds, and the cleanup of state-owned lands be used
for grants to fund expenses relating to the assessment and
25 remediation of certain brownfield sites.
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