Senate Bill sb2414

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    Florida Senate - 2002                                  SB 2414

    By Senator Diaz de la Portilla





    34-1621A-02

  1                      A bill to be entitled

  2         An act relating to economic stimulus; amending

  3         s. 220.191, F.S.; establishing, for a temporary

  4         period, eligibility conditions for a new type

  5         of qualifying project under the capital

  6         investment tax credit program; providing

  7         deadlines for certification of businesses and

  8         commencement of project construction under such

  9         program; revising requirements relating to

10         minimum capital investment; prescribing tax

11         credit limitations; amending s. 288.095, F.S.;

12         revising terminology relating to certain

13         incentive payment schedules; revising the due

14         date and content for an annual report on

15         incentives and reassigning responsibility for

16         such report to Enterprise Florida, Inc.;

17         amending s. 288.1045, F.S.; expanding the tax

18         refund program for qualified defense

19         contractors to include qualified

20         aviation-industry businesses; revising

21         definitions; defining "aviation-industry

22         business"; providing that qualified

23         aviation-industry businesses may seek refunds

24         for aviation fuel taxes paid; revising and

25         conforming procedures for applying for

26         certification under the tax refund program;

27         prescribing information required in

28         applications by aviation-industry businesses;

29         prescribing criteria to be used by the Office

30         of Tourism, Trade, and Economic Development in

31         reviewing applications by aviation-industry

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  1         businesses; revising the required elements of a

  2         tax refund agreement; providing an exemption

  3         from mandatory loss of tax refund eligibility

  4         and decertification resulting from agreement

  5         breach in cases of uncontrollable economic

  6         factors; prescribing a deadline for applying

  7         for tax refunds; revising conditions and

  8         procedures governing applications for tax

  9         refunds; revising provisions relating to the

10         order authorizing a tax refund; authorizing the

11         office to grant extensions to certain

12         application and notification deadlines;

13         revising conditions under which a prorated tax

14         refund will be approved; providing for

15         calculation of such prorated refund; specifying

16         that the section does not create a presumption

17         a claim will be approved and paid; revising the

18         agencies with which the office may verify

19         information and to which the office may provide

20         information; expanding purposes for which the

21         office may seek assistance from certain

22         entities; specifying that certain

23         appropriations may not be used for any purpose

24         other than the payment of specified tax

25         refunds; amending s. 288.106, F.S., relating to

26         the tax refund program for qualified target

27         industry businesses; consolidating definitions;

28         revising requirements for application for

29         certification as such business with respect to

30         the number of current and new jobs at the

31         business and projections by the Office of

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  1         Tourism, Trade, and Economic Development of

  2         refunds based thereon; revising requirements

  3         relating to the tax refund agreement with

  4         respect to job creation and the time for filing

  5         of claims for refund; providing for an

  6         exemption from mandatory loss of tax refund

  7         eligibility and decertification resulting from

  8         agreement breach in cases of uncontrollable

  9         economic factors; revising provisions relating

10         to annual claims for refund; authorizing an

11         extension of time for signing the tax refund

12         agreement; providing an application deadline;

13         revising provisions relating to the order

14         authorizing a tax refund; revising conditions

15         under which a prorated tax refund will be

16         approved; providing for calculation of such

17         prorated tax refund; specifying that the

18         section does not create a presumption that a

19         claim will be approved and paid; revising the

20         agencies with which the office may verify

21         information and to which the office may provide

22         information; expanding purposes for which the

23         office may seek assistance from certain

24         entities; specifying that certain

25         appropriations may not be used for any purpose

26         other than the payment of specified tax

27         refunds; amending s. 14.2015, F.S.; revising

28         duties of the Office of Tourism, Trade, and

29         Economic Development with respect to tax-refund

30         programs; conforming provisions to changes made

31         by the act; amending s. 213.053, F.S.;

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    Florida Senate - 2002                                  SB 2414
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  1         authorizing the Department of Revenue to share

  2         certain information concerning specified

  3         tax-refund programs with the Office of Tourism,

  4         Trade, and Economic Development; providing

  5         legislative findings relating to the impact of

  6         economic downturns on small businesses;

  7         directing Enterprise Florida, Inc., to provide

  8         for the establishment of a Small Business

  9         Crisis Management Team; prescribing the

10         membership and purposes of such team; requiring

11         participation of designated agencies or

12         organizations; defining the term "small

13         business"; providing an effective date.

14

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

16

17         Section 1.  Section 220.191, Florida Statutes, is

18  amended to read:

19         220.191  Capital investment tax credit.--

20         (1)  DEFINITIONS.--For purposes of this section:

21         (a)  "Commencement of operations" means the beginning

22  of active operations by a qualifying business or qualifying

23  economic stimulus business of the principal function for which

24  a qualifying project was constructed.

25         (b)  "Cumulative capital investment" means the total

26  capital investment in land, buildings, and equipment made in

27  connection with a qualifying project or qualifying economic

28  stimulus project during the period from the beginning of

29  construction of the project to the commencement of operations.

30         (c)  "Eligible capital costs" means all expenses

31  incurred by a qualifying business or qualifying economic

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  1  stimulus business in connection with the acquisition,

  2  construction, installation, and equipping of a qualifying

  3  project or qualifying economic stimulus project during the

  4  period from the beginning of construction of the project to

  5  the commencement of operations, including, but not limited to:

  6         1.  The costs of acquiring, constructing, installing,

  7  equipping, and financing a qualifying project or qualifying

  8  economic stimulus project, including all obligations incurred

  9  for labor and obligations to contractors, subcontractors,

10  builders, and materialmen.

11         2.  The costs of acquiring land or rights to land and

12  any cost incidental thereto, including recording fees.

13         3.  The costs of architectural and engineering

14  services, including test borings, surveys, estimates, plans

15  and specifications, preliminary investigations, environmental

16  mitigation, and supervision of construction, as well as the

17  performance of all duties required by or consequent to the

18  acquisition, construction, installation, and equipping of a

19  qualifying project or qualifying economic stimulus project.

20         4.  The costs associated with the installation of

21  fixtures and equipment; surveys, including archaeological and

22  environmental surveys; site tests and inspections; subsurface

23  site work and excavation; removal of structures, roadways, and

24  other surface obstructions; filling, grading, paving, and

25  provisions for drainage, storm water retention, and

26  installation of utilities, including water, sewer, sewage

27  treatment, gas, electricity, communications, and similar

28  facilities; and offsite construction of utility extensions to

29  the boundaries of the property.

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  1  Eligible capital costs shall not include the cost of any

  2  property previously owned or leased by the qualifying business

  3  or qualifying economic stimulus business.

  4         (d)  "Income generated by or arising out of the

  5  qualifying project or qualifying economic stimulus project"

  6  means the qualifying project's or qualifying economic stimulus

  7  project's annual taxable income as determined by generally

  8  accepted accounting principles and under s. 220.13.

  9         (e)  "Jobs" means full-time equivalent positions, as

10  such term is consistent with terms used by the Agency for

11  Workforce Innovation Department of Labor and Employment

12  Security and the United States Department of Labor for

13  purposes of unemployment tax administration and employment

14  estimation, resulting directly from a qualifying project or

15  qualifying economic stimulus project in this state.  Such term

16  does not include temporary construction jobs involved in the

17  construction of the project facility.

18         (f)  "Office" means the Office of Tourism, Trade, and

19  Economic Development.

20         (g)  "Qualifying business" means a business which

21  establishes a qualifying project in this state and which is

22  certified by the office to receive tax credits under pursuant

23  to this section.

24         (h)  "Qualifying project" means a new or expanding

25  facility in this state which creates at least 100 new jobs in

26  this state and is in one of the high-impact sectors identified

27  by Enterprise Florida, Inc., and certified by the office under

28  pursuant to s. 288.108(6), including, but not limited to,

29  aviation, aerospace, automotive, and silicon technology

30  industries.

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  1         (i)  "Qualifying economic stimulus business" means a

  2  business that establishes a qualifying economic stimulus

  3  project in this state and that is certified by the office, on

  4  or before December 31, 2002, to receive tax credits under this

  5  section.

  6         (j)  "Qualifying economic stimulus project" means a new

  7  or expanding facility in this state which creates at least 50

  8  new jobs in this state and would be eligible for consideration

  9  as a qualified target industry business under s. 288.106.

10  Construction on a qualifying economic stimulus project must

11  begin after January 1, 2002, but on or before July 31, 2003.

12         (2)  An annual credit against the tax imposed by this

13  chapter shall be granted to any qualifying business or

14  qualifying economic stimulus business in an amount equal to 5

15  percent of the eligible capital costs generated by a

16  qualifying project or qualifying economic stimulus project,

17  for a period not to exceed 20 years beginning with the

18  commencement of operations of the project. The tax credit

19  shall be granted against only the corporate income tax

20  liability or the premium tax liability generated by or arising

21  out of the qualifying project or qualifying economic stimulus

22  project, and the sum of all tax credits provided under

23  pursuant to this section shall not exceed 100 percent of the

24  eligible capital costs of the project. In no event may any

25  credit granted under this section be carried forward or

26  backward by any qualifying business or qualifying economic

27  stimulus business with respect to a subsequent or prior year.

28         (a)  The annual tax credit granted under this section

29  shall not exceed the following percentages of the annual

30  corporate income tax liability or the premium tax liability

31  generated by or arising out of a qualifying project:

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  1         1.(a)  One hundred percent for a qualifying project

  2  which results in a cumulative capital investment of at least

  3  $100 million.

  4         2.(b)  Seventy-five percent for a qualifying project

  5  which results in a cumulative capital investment of at least

  6  $50 million but less than $100 million.

  7         3.(c)  Fifty percent for a qualifying project which

  8  results in a cumulative capital investment of at least $25

  9  million but less than $50 million.

10         4.  Forty percent for a qualifying project on which

11  construction has begun after January 1, 2002, but on or before

12  July 31, 2003, and which results in a cumulative capital

13  investment of at least $15 million but less than $25 million.

14         (b)  The annual tax credit granted under this section

15  shall not exceed the following percentages of the annual

16  corporate income tax liability or the premium tax liability

17  generated by or arising out of a qualifying economic stimulus

18  project:

19         1.  Ninety percent if the qualifying economic stimulus

20  project results in a cumulative capital investment of at least

21  $100 million.

22         2.  Sixty-five percent if the qualifying economic

23  stimulus project results in a cumulative capital investment of

24  at least $50 million but less than $100 million.

25         3.  Forty percent if the qualifying economic stimulus

26  project results in a cumulative capital investment of at least

27  $25 million but less than $50 million.

28         4.  Thirty percent if the qualifying economic stimulus

29  project results in a cumulative capital investment of at least

30  $15 million but less than $25 million.

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  1  A qualifying project or qualifying economic stimulus project

  2  which results in a cumulative capital investment of less than

  3  $15 $25 million is not eligible for the capital investment tax

  4  credit. An insurance company claiming a credit against premium

  5  tax liability under this program shall not be required to pay

  6  any additional retaliatory tax levied under pursuant to s.

  7  624.5091 as a result of claiming such credit. Because credits

  8  under this section are available to an insurance company, s.

  9  624.5091 does not limit such credit in any manner.

10         (3)  Before Prior to receiving tax credits under

11  pursuant to this section, a qualifying business or qualifying

12  economic stimulus business must achieve and maintain the

13  minimum employment goals beginning with the commencement of

14  operations at a qualifying project or qualifying economic

15  stimulus project and continuing each year thereafter during

16  which tax credits are available under pursuant to this

17  section.

18         (4)  The office, upon a recommendation by Enterprise

19  Florida, Inc., shall first certify a qualifying business or

20  qualifying economic stimulus business as eligible to receive

21  tax credits under pursuant to this section before prior to the

22  commencement of operations of a qualifying project or

23  qualifying economic stimulus project, and such certification

24  shall be transmitted to the Department of Revenue. Upon

25  receipt of the certification, the Department of Revenue shall

26  enter into a written agreement with the qualifying business or

27  qualifying economic stimulus business specifying, at a

28  minimum, the method by which income generated by or arising

29  out of the qualifying project or qualifying economic stimulus

30  project will be determined.

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  1         (5)  The office, in consultation with Enterprise

  2  Florida, Inc., is authorized to develop the necessary

  3  guidelines and application materials for the certification

  4  process described in subsection (4).

  5         (6)  It shall be the responsibility of the qualifying

  6  business or qualifying economic stimulus business to

  7  affirmatively demonstrate to the satisfaction of the

  8  Department of Revenue that such business meets the job

  9  creation and capital investment requirements of this section.

10         (7)  The Department of Revenue may specify by rule the

11  methods by which a qualifying project's or qualifying economic

12  stimulus project's pro forma annual taxable income is

13  determined.

14         Section 2.  Paragraphs (b) and (c) of subsection (3) of

15  section 288.095, Florida Statutes, are amended to read:

16         288.095  Economic Development Trust Fund.--

17         (3)

18         (b)  The total amount of tax refund claims approved for

19  payment by the Office of Tourism, Trade, and Economic

20  Development based on actual project performance may not exceed

21  the amount appropriated to the Economic Development Incentives

22  Account for such purposes for the fiscal year. In the event

23  the Legislature does not appropriate an amount sufficient to

24  satisfy estimates projections by the office for tax refunds

25  under ss. 288.1045 and 288.106 in a fiscal year, the Office of

26  Tourism, Trade, and Economic Development shall, not later than

27  July 15 of such year, determine the proportion of each refund

28  claim which shall be paid by dividing the amount appropriated

29  for tax refunds for the fiscal year by the estimated projected

30  total of refund claims for the fiscal year. The amount of each

31  claim for a tax refund shall be multiplied by the resulting

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  1  quotient. If, after the payment of all such refund claims,

  2  funds remain in the Economic Development Incentives Account

  3  for tax refunds, the office shall recalculate the proportion

  4  for each refund claim and adjust the amount of each claim

  5  accordingly.

  6         (c)  By December 31 September 30 of each year,

  7  Enterprise Florida, Inc., the Office of Tourism, Trade, and

  8  Economic Development shall submit a complete and detailed

  9  report to the Governor, the President of the Senate, the

10  Speaker of the House of Representatives, and the director of

11  the Office of Tourism, Trade, and Economic Development board

12  of directors of Enterprise Florida, Inc., created under part

13  VII of this chapter, of all applications received,

14  recommendations made to the Office of Tourism, Trade, and

15  Economic Development, final decisions issued, tax refund

16  agreements executed, and tax refunds paid or other payments

17  made under all programs funded out of the Economic Development

18  Incentives Account, including analyses of benefits and costs,

19  types of projects supported, and employment and investment

20  created. Enterprise Florida, Inc., The Office of Tourism,

21  Trade, and Economic Development shall also include a separate

22  analysis of the impact of such tax refunds on state enterprise

23  zones designated pursuant to s. 290.0065, rural communities,

24  brownfield areas, and distressed urban communities. By

25  December 1 of each year, the board of directors of Enterprise

26  Florida, Inc., shall review and comment on the report, and the

27  board shall submit the report, together with the comments of

28  the board, to the Governor, the President of the Senate, and

29  the Speaker of the House of Representatives. The report must

30  discuss whether the authority and moneys appropriated by the

31  Legislature to the Economic Development Incentives Account

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  1  were managed and expended in a prudent, fiducially sound

  2  manner. The Office of Tourism, Trade, and Economic Development

  3  shall assist Enterprise Florida, Inc., in the collection of

  4  data related to business performance and incentive payments.

  5         Section 3.  Section 288.1045, Florida Statutes, is

  6  amended to read:

  7         288.1045  Qualified defense contractor Tax refund

  8  program for qualified defense contractors and

  9  aviation-industry businesses.--

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

11         (a)  "Consolidation of a Department of Defense

12  contract" means the consolidation of one or more of an

13  applicant's facilities under one or more Department of Defense

14  contracts either from outside this state or from inside and

15  outside this state, into one or more of the applicant's

16  facilities inside this state.

17         (b)  "Average wage in the area" means the average of

18  all wages and salaries in the state, the county, or in the

19  standard metropolitan area in which the business unit is

20  located.

21         (c)  "Applicant" means any business entity that holds a

22  valid Department of Defense contract, or any business entity

23  that is a subcontractor under a valid Department of Defense

24  contract, or any business entity that holds a valid contract

25  for the reuse of a defense-related facility, or any

26  aviation-industry business as defined in paragraph (r),

27  including all members of an affiliated group of corporations

28  as defined in s. 220.03(1)(b).

29         (d)  "Office" means the Office of Tourism, Trade, and

30  Economic Development.

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

  2  competitively bid Department of Defense contract or a

  3  competitively bid federal agency contract issued on behalf of

  4  the Department of Defense for manufacturing, assembling,

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

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

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

  8  directly to or for any particular military base or

  9  installation in this state.

10         (f)  "New Department of Defense contract" means a

11  Department of Defense contract entered into after the date

12  application for certification as a qualified applicant is made

13  and after January 1, 1994.

14         (g)  "Jobs" means full-time equivalent positions,

15  consistent with the use of such terms by the Agency for

16  Workforce Innovation Department of Labor and Employment

17  Security for the purpose of unemployment compensation tax,

18  resulting directly from a project in this state. This number

19  does not include temporary construction jobs involved with the

20  construction of facilities for the project.

21         (h)  "Nondefense production jobs" means employment

22  exclusively for activities that, directly or indirectly, are

23  unrelated to the Department of Defense.

24         (i)  "Project" means any business undertaking in this

25  state under a new Department of Defense contract,

26  consolidation of a Department of Defense contract, or

27  conversion of defense production jobs over to nondefense

28  production jobs or reuse of defense-related facilities. The

29  term also means any business undertaking in this state by an

30  aviation-industry business which results in the retention or

31  creation of jobs in this state and which occurs through a new

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  1  multistate competitive aviation-industry contract;

  2  consolidation of multistate operations; conversion of jobs in

  3  aviation-industry operations to nonaviation-industry

  4  operations; or expansion of aviation-industry operations,

  5  which expansion results in an increase of at least 10 percent

  6  in the number of jobs in this state at the business unit.

  7         (j)  "Qualified applicant" means an applicant that has

  8  been approved by the director to be eligible for tax refunds

  9  pursuant to this section.

10         (k)  "Director" means the director of the Office of

11  Tourism, Trade, and Economic Development.

12         (l)  "Taxable year" means the same as in s.

13  220.03(1)(z).

14         (m)  "Fiscal year" means the fiscal year of the state.

15         (n)  "Business unit" means an employing unit, as

16  defined in s. 443.036, that is registered with the Agency for

17  Workforce Innovation Department of Labor and Employment

18  Security for unemployment compensation purposes or means a

19  subcategory or division of an employing unit that is accepted

20  by the Agency for Workforce Innovation Department of Labor and

21  Employment Security as a reporting unit.

22         (o)  "Local financial support" means funding from local

23  sources, public or private, which is paid to the Economic

24  Development Trust Fund and which is equal to 20 percent of the

25  annual tax refund for a qualified applicant. Local financial

26  support may include excess payments made to a utility company

27  under a designated program to allow decreases in service by

28  the utility company under conditions, regardless of when

29  application is made. A qualified applicant may not provide,

30  directly or indirectly, more than 5 percent of such funding in

31  any fiscal year. The sources of such funding may not include,

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  1  directly or indirectly, state funds appropriated from the

  2  General Revenue Fund or any state trust fund, excluding tax

  3  revenues shared with local governments pursuant to law.

  4         (p)  "Contract for reuse of a defense-related facility"

  5  means a contract with a duration of 2 or more years for the

  6  use of a facility for manufacturing, assembling, fabricating,

  7  research, development, or design of tangible personal

  8  property, but excluding any contract to provide goods,

  9  improvements to real or tangible property, or services

10  directly to or for any particular military base or

11  installation in this state. Such facility must be located

12  within a port, as defined in s. 313.21, and have been occupied

13  by a business entity that held a valid Department of Defense

14  contract or occupied by any branch of the Armed Forces of the

15  United States, within 1 year of any contract being executed

16  for the reuse of such facility. A contract for reuse of a

17  defense-related facility may not include any contract for

18  reuse of such facility for any Department of Defense contract

19  for manufacturing, assembling, fabricating, research,

20  development, or design.

21         (q)  "Local financial support exemption option" means

22  the option to exercise an exemption from the local financial

23  support requirement available to any applicant whose project

24  is located in a county designated by the Rural Economic

25  Development Initiative, if the county commissioners of the

26  county in which the project will be located adopt a resolution

27  requesting that the applicant's project be exempt from the

28  local financial support requirement. Any applicant that

29  exercises this option is not eligible for more than 80 percent

30  of the total tax refunds allowed such applicant under this

31  section.

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  1         (r)  "Aviation-industry business" means a business

  2  engaged in activities that support general or commercial

  3  aviation, including the construction, repair, or maintenance

  4  of aircraft, aircraft power plants, aircraft parts, or

  5  aircraft accessories. The term does not include a business

  6  engaged in the provision of instruction in flying and related

  7  ground subjects.

  8         (2)  GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.--

  9         (a)  There shall be allowed, from the Economic

10  Development Trust Fund, a refund to a qualified applicant for

11  the amount of eligible taxes certified by the director which

12  were paid by such qualified applicant. The total amount of

13  refunds for all fiscal years for each qualified applicant

14  shall be determined pursuant to subsection (3). The annual

15  amount of a refund to a qualified applicant shall be

16  determined pursuant to subsection (5).

17         (b)  A qualified applicant may not be qualified for any

18  project to receive more than $5,000 times the number of jobs

19  provided in the tax refund agreement pursuant to subparagraph

20  (4)(a)1. A qualified applicant may not receive refunds of more

21  than 25 percent of the total tax refunds provided in the tax

22  refund agreement pursuant to subparagraph (4)(a)1. in any

23  fiscal year, provided that no qualified applicant may receive

24  more than $2.5 million in tax refunds pursuant to this section

25  in any fiscal year.

26         (c)  A qualified applicant may not receive more than

27  $7.5 million in tax refunds pursuant to this section in all

28  fiscal years.

29         (d)  Contingent upon an annual appropriation by the

30  Legislature, the director may approve not more in tax refunds

31  than the amount appropriated to the Economic Development Trust

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  1  Fund for tax refunds, for a fiscal year pursuant to subsection

  2  (5) and s. 288.095.

  3         (e)  For the first 6 months of each fiscal year, the

  4  director shall set aside 30 percent of the amount appropriated

  5  for refunds pursuant to this section by the Legislature to

  6  provide tax refunds only to qualified applicants who employ

  7  500 or fewer full-time employees in this state. Any

  8  unencumbered funds remaining undisbursed from this set-aside

  9  at the end of the 6-month period may be used to provide tax

10  refunds for any qualified applicants pursuant to this section.

11         (f)  After entering into a tax refund agreement

12  pursuant to subsection (4), a qualified applicant may receive

13  refunds from the Economic Development Trust Fund for the

14  following taxes due and paid by the qualified applicant

15  beginning with the applicant's first taxable year that begins

16  after entering into the agreement:

17         1.  Taxes on sales, use, and other transactions paid

18  pursuant to chapter 212.

19         2.  Corporate income taxes paid pursuant to chapter

20  220.

21         3.  Intangible personal property taxes paid pursuant to

22  chapter 199.

23         4.  Emergency excise taxes paid pursuant to chapter

24  221.

25         5.  Excise taxes paid on documents pursuant to chapter

26  201.

27         6.  Ad valorem taxes paid, as defined in s.

28  220.03(1)(a) on June 1, 1996.

29         7.  Aviation fuel taxes paid pursuant to s. 206.9825 by

30  a qualified aviation-industry business.

31

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  1  However, a qualified applicant may not receive a tax refund

  2  pursuant to this section for any amount of credit, refund, or

  3  exemption granted such contractor or aviation-industry

  4  business for any of such taxes. If a refund for such taxes is

  5  provided by the office, which taxes are subsequently adjusted

  6  by the application of any credit, refund, or exemption granted

  7  to the qualified applicant other than that provided in this

  8  section, the qualified applicant shall reimburse the Economic

  9  Development Trust Fund for the amount of such credit, refund,

10  or exemption. A qualified applicant must notify and tender

11  payment to the office within 20 days after receiving a credit,

12  refund, or exemption, other than that provided in this

13  section.

14         (g)  Any qualified applicant who fraudulently claims

15  this refund is liable for repayment of the refund to the

16  Economic Development Trust Fund plus a mandatory penalty of

17  200 percent of the tax refund which shall be deposited into

18  the General Revenue Fund. Any qualified applicant who

19  fraudulently claims this refund commits a felony of the third

20  degree, punishable as provided in s. 775.082, s. 775.083, or

21  s. 775.084.

22         (h)  Funds made available pursuant to this section may

23  not be expended in connection with the relocation of a

24  business from one community to another community in this state

25  unless the Office of Tourism, Trade, and Economic Development

26  determines that without such relocation the business will move

27  outside this state or determines that the business has a

28  compelling economic rationale for the relocation which creates

29  additional jobs.

30         (3)  APPLICATION PROCESS; REQUIREMENTS; AGENCY

31  DETERMINATION.--

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  1         (a)  To apply for certification as a qualified

  2  applicant pursuant to this section, an applicant must file an

  3  application with the office which satisfies the requirements

  4  of paragraphs (b) and (e), paragraphs (c) and (e), or

  5  paragraphs (d) and (e), or paragraphs (j) and (k). An

  6  applicant may not apply for certification pursuant to this

  7  section after a proposal has been submitted for a new

  8  Department of Defense contract, after the applicant has made

  9  the decision to consolidate an existing Department of Defense

10  contract in this state for which such applicant is seeking

11  certification, or after the applicant has made the decision to

12  convert defense production jobs to nondefense production jobs

13  for which such applicant is seeking certification. In the case

14  of an aviation-industry business, an applicant may not apply

15  for certification after the business has submitted a final

16  proposal or bid for a multistate competitive aviation-industry

17  contract, made the decision to consolidate multistate

18  operations in this state, made the decision to convert jobs in

19  aviation-industry operations to nonaviation-industry

20  operations, or made the decision to expand aviation-industry

21  operations in this state.

22         (b)  Applications for certification based on the

23  consolidation of a Department of Defense contract or a new

24  Department of Defense contract must be submitted to the office

25  as prescribed by the office and must include, but are not

26  limited to, the following information:

27         1.  The applicant's federal employer identification

28  number, the applicant's Florida sales tax registration number,

29  and a notarized signature of an officer of the applicant.

30         2.  The permanent location of the manufacturing,

31  assembling, fabricating, research, development, or design

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  1  facility in this state at which the project is or is to be

  2  located.

  3         3.  The Department of Defense contract numbers of the

  4  contract to be consolidated, the new Department of Defense

  5  contract number, or the "RFP" number of a proposed Department

  6  of Defense contract.

  7         4.  The date the contract was executed or is expected

  8  to be executed, and the date the contract is due to expire or

  9  is expected to expire.

10         5.  The commencement date for project operations under

11  the contract in this state.

12         6.  The number of net new full-time equivalent Florida

13  jobs included in this state which are or will be dedicated to

14  the project as of December 31 of each during the year and the

15  average wage of such jobs.

16         7.  The total number of full-time equivalent employees

17  employed by the applicant in this state.

18         8.  The percentage of the applicant's gross receipts

19  derived from Department of Defense contracts during the 5

20  taxable years immediately preceding the date the application

21  is submitted.

22         9.  The amount of:

23         a.  Taxes on sales, use, and other transactions paid

24  pursuant to chapter 212;

25         b.  Corporate income taxes paid pursuant to chapter

26  220;

27         c.  Intangible personal property taxes paid pursuant to

28  chapter 199;

29         d.  Emergency excise taxes paid pursuant to chapter

30  221;

31

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  1         e.  Excise taxes paid on documents pursuant to chapter

  2  201; and

  3         f.  Ad valorem taxes paid

  4

  5  during the 5 fiscal years immediately preceding the date of

  6  the application, and the projected amounts of such taxes to be

  7  due in the 3 fiscal years immediately following the date of

  8  the application.

  9         10.  The estimated amount of tax refunds to be claimed

10  for in each fiscal year.

11         11.  A brief statement concerning the applicant's need

12  for tax refunds, and the proposed uses of such refunds by the

13  applicant.

14         12.  A resolution adopted by the county commissioners

15  of the county in which the project will be located, which

16  recommends the applicant be approved as a qualified applicant,

17  and which indicates that the necessary commitments of local

18  financial support for the applicant exist. Prior to the

19  adoption of the resolution, the county commission may review

20  the proposed public or private sources of such support and

21  determine whether the proposed sources of local financial

22  support can be provided or, for any applicant whose project is

23  located in a county designated by the Rural Economic

24  Development Initiative, a resolution adopted by the county

25  commissioners of such county requesting that the applicant's

26  project be exempt from the local financial support

27  requirement.

28         13.  Any additional information requested by the

29  office.

30         (c)  Applications for certification based on the

31  conversion of defense production jobs to nondefense production

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  1  jobs must be submitted to the office as prescribed by the

  2  office and must include, but are not limited to, the following

  3  information:

  4         1.  The applicant's federal employer identification

  5  number, the applicant's Florida sales tax registration number,

  6  and a notarized signature of an officer of the applicant.

  7         2.  The permanent location of the manufacturing,

  8  assembling, fabricating, research, development, or design

  9  facility in this state at which the project is or is to be

10  located.

11         3.  The Department of Defense contract numbers of the

12  contract under which the defense production jobs will be

13  converted to nondefense production jobs.

14         4.  The date the contract was executed, and the date

15  the contract is due to expire or is expected to expire, or was

16  canceled.

17         5.  The commencement date for the nondefense production

18  operations in this state.

19         6.  The number of net new full-time equivalent Florida

20  jobs included in this state which are or will be dedicated to

21  the nondefense production project as of December 31 of each

22  during the year and the average wage of such jobs.

23         7.  The total number of full-time equivalent employees

24  employed by the applicant in this state.

25         8.  The percentage of the applicant's gross receipts

26  derived from Department of Defense contracts during the 5

27  taxable years immediately preceding the date the application

28  is submitted.

29         9.  The amount of:

30         a.  Taxes on sales, use, and other transactions paid

31  pursuant to chapter 212;

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  1         b.  Corporate income taxes paid pursuant to chapter

  2  220;

  3         c.  Intangible personal property taxes paid pursuant to

  4  chapter 199;

  5         d.  Emergency excise taxes paid pursuant to chapter

  6  221;

  7         e.  Excise taxes paid on documents pursuant to chapter

  8  201; and

  9         f.  Ad valorem taxes paid

10

11  during the 5 fiscal years immediately preceding the date of

12  the application, and the projected amounts of such taxes to be

13  due in the 3 fiscal years immediately following the date of

14  the application.

15         10.  The estimated amount of tax refunds to be claimed

16  for in each fiscal year.

17         11.  A brief statement concerning the applicant's need

18  for tax refunds, and the proposed uses of such refunds by the

19  applicant.

20         12.  A resolution adopted by the county commissioners

21  of the county in which the project will be located, which

22  recommends the applicant be approved as a qualified applicant,

23  and which indicates that the necessary commitments of local

24  financial support for the applicant exist. Prior to the

25  adoption of the resolution, the county commission may review

26  the proposed public or private sources of such support and

27  determine whether the proposed sources of local financial

28  support can be provided or, for any applicant whose project is

29  located in a county designated by the Rural Economic

30  Development Initiative, a resolution adopted by the county

31  commissioners of such county requesting that the applicant's

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  1  project be exempt from the local financial support

  2  requirement.

  3         13.  Any additional information requested by the

  4  office.

  5         (d)  Applications for certification based on a contract

  6  for reuse of a defense-related facility must be submitted to

  7  the office as prescribed by the office and must include, but

  8  are not limited to, the following information:

  9         1.  The applicant's Florida sales tax registration

10  number and a notarized signature of an officer of the

11  applicant.

12         2.  The permanent location of the manufacturing,

13  assembling, fabricating, research, development, or design

14  facility in this state at which the project is or is to be

15  located.

16         3.  The business entity holding a valid Department of

17  Defense contract or branch of the Armed Forces of the United

18  States that previously occupied the facility, and the date

19  such entity last occupied the facility.

20         4.  A copy of the contract to reuse the facility, or

21  such alternative proof as may be prescribed by the office that

22  the applicant is seeking to contract for the reuse of such

23  facility.

24         5.  The date the contract to reuse the facility was

25  executed or is expected to be executed, and the date the

26  contract is due to expire or is expected to expire.

27         6.  The commencement date for project operations under

28  the contract in this state.

29         7.  The number of net new full-time equivalent Florida

30  jobs included in this state which are or will be dedicated to

31

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  1  the project as of December 31 of each during the year and the

  2  average wage of such jobs.

  3         8.  The total number of full-time equivalent employees

  4  employed by the applicant in this state.

  5         9.  The amount of:

  6         a.  Taxes on sales, use, and other transactions paid

  7  pursuant to chapter 212.

  8         b.  Corporate income taxes paid pursuant to chapter

  9  220.

10         c.  Intangible personal property taxes paid pursuant to

11  chapter 199.

12         d.  Emergency excise taxes paid pursuant to chapter

13  221.

14         e.  Excise taxes paid on documents pursuant to chapter

15  201.

16         f.  Ad valorem taxes paid during the 5 fiscal years

17  immediately preceding the date of the application, and the

18  projected amounts of such taxes to be due in the 3 fiscal

19  years immediately following the date of the application.

20         10.  The estimated amount of tax refunds to be claimed

21  for in each fiscal year.

22         11.  A brief statement concerning the applicant's need

23  for tax refunds, and the proposed uses of such refunds by the

24  applicant.

25         12.  A resolution adopted by the county commissioners

26  of the county in which the project will be located, which

27  recommends the applicant be approved as a qualified applicant,

28  and which indicates that the necessary commitments of local

29  financial support for the applicant exist. Prior to the

30  adoption of the resolution, the county commission may review

31  the proposed public or private sources of such support and

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  1  determine whether the proposed sources of local financial

  2  support can be provided or, for any applicant whose project is

  3  located in a county designated by the Rural Economic

  4  Development Initiative, a resolution adopted by the county

  5  commissioners of such county requesting that the applicant's

  6  project be exempt from the local financial support

  7  requirement.

  8         13.  Any additional information requested by the

  9  office.

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

11  application of an applicant under paragraph (b), paragraph

12  (c), or paragraph (d) must, at a minimum, establish the

13  following to the satisfaction of the office:

14         1.  The jobs proposed to be provided under the

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

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

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

18  project is to be located.

19         2.  The consolidation of a Department of Defense

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

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

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

23  facilities in this state.

24         3.  The conversion of defense production jobs to

25  nondefense production jobs must result in net increases in

26  nondefense employment at the applicant's facilities in this

27  state.

28         4.  The Department of Defense contract cannot allow the

29  business to include the costs of relocation or retooling in

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

31  contract.

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

  2  not less than 70 percent of its gross receipts in this state

  3  from Department of Defense contracts over the applicant's last

  4  fiscal year, and must have derived not less than 80 percent of

  5  its gross receipts in this state from Department of Defense

  6  contracts over the 5 years preceding the date an application

  7  is submitted pursuant to this section. This subparagraph does

  8  not apply to any application for certification based on a

  9  contract for reuse of a defense-related facility.

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

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

12         (f)  Each application meeting the requirements of

13  paragraphs (b) and (e), paragraphs (c) and (e), or paragraphs

14  (d) and (e), or paragraphs (j) and (k) must be submitted to

15  the office for a determination of eligibility. The office

16  shall review, evaluate, and score each application based on,

17  but not limited to, the following criteria:

18         1.  Expected contributions to the state strategic

19  economic development plan adopted by Enterprise Florida, Inc.,

20  taking into account the extent to which the project

21  contributes to the state's high-technology base, and the

22  long-term impact of the project and the applicant on the

23  state's economy.

24         2.  The economic benefit of the jobs created or

25  retained by the project in this state, taking into account the

26  cost and average wage of each job created or retained, and the

27  potential risk to existing jobs.

28         3.  The amount of capital investment to be made by the

29  applicant in this state.

30         4.  The local commitment and support for the project

31  and applicant.

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  1         5.  The impact of the project on the local community,

  2  taking into account the unemployment rate for the county where

  3  the project will be located.

  4         6.  The dependence of the local community on the

  5  defense industry.

  6         7.  The impact of any tax refunds granted pursuant to

  7  this section on the viability of the project and the

  8  probability that the project will occur in this state if such

  9  tax refunds are granted to the applicant, taking into account

10  the expected long-term commitment of the applicant to economic

11  growth and employment in this state.

12         8.  The length of the project, or the expected

13  long-term commitment to this state resulting from the project.

14         (g)  The office shall forward its written findings and

15  evaluation on each application meeting the requirements of

16  paragraphs (b) and (e), paragraphs (c) and (e), or paragraphs

17  (d) and (e), or paragraphs (j) and (k) to the director within

18  60 calendar days after of receipt of a complete application.

19  The office shall notify each applicant when its application is

20  complete, and when the 60-day period begins. In its written

21  report to the director, the office shall specifically address

22  each of the factors specified in paragraph (f), and shall make

23  a specific assessment with respect to the minimum requirements

24  established in paragraph (e) or paragraph (k). The office

25  shall include in its report projections of the tax refunds the

26  business would be eligible to receive refund claims that will

27  be sought by the applicant in each fiscal year based on the

28  creation and maintenance of the net new Florida jobs specified

29  in subparagraphs (b)6., (c)6., (d)7., or (j)4. or the

30  retention and maintenance of the net retained Florida jobs

31  specified in subparagraph (j)4., as of December 31 of the

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  1  preceding state fiscal year information submitted in the

  2  application.

  3         (h)  Within 30 days after receipt of the office's

  4  findings and evaluation, the director shall issue a letter of

  5  certification which enter a final order that either approves

  6  or disapproves an application. The decision must be in writing

  7  and provide the justifications for either approval or

  8  disapproval. If appropriate, the director shall enter into a

  9  written agreement with the qualified applicant pursuant to

10  subsection (4).

11         (i)  The director may not certify enter any final order

12  that certifies any applicant as a qualified applicant when the

13  value of tax refunds to be included in that letter of

14  certification final order exceeds the available amount of

15  authority to certify new businesses enter final orders as

16  determined in s. 288.095(3). A letter of certification final

17  order that approves an application must specify the maximum

18  amount of a tax refund that is to be available to the

19  contractor or aviation-industry business for in each fiscal

20  year and the total amount of tax refunds for all fiscal years.

21         (j)  Applications for certification from

22  aviation-industry businesses must be submitted to the office

23  no later than June 30, 2003, as prescribed by the office and

24  under the conditions contained in paragraph (3)(a), and must

25  include, but are not limited to, the following information:

26         1.  The applicant's federal employer identification

27  number, the applicant's Florida sales tax registration number,

28  the applicant's unemployment compensation account number, and

29  a notarized signature of an officer of the applicant.

30         2.  The permanent location of the applicant's facility

31  in this state at which the project is or is to be located.

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  1         3.  A description of the type of business activity or

  2  product covered by this project. In addition, an

  3  aviation-industry business must submit, in a manner prescribed

  4  by the office, detailed information on the contract,

  5  consolidation, conversion, or expansion activity that will

  6  provide the basis for tax refunds, as provided in paragraphs

  7  (1)(i) and (3)(a). The office, using criteria developed by the

  8  office in conjunction with Enterprise Florida, Inc., must

  9  determine whether the activity satisfies the requirements of

10  paragraphs (1)(i) and (3)(a).

11         4.  The number of net new or net retained full-time

12  equivalent Florida jobs included in the project as of December

13  31 of each year and the average wage of such jobs.

14         5.  The total number of full-time equivalent employees

15  employed by the applicant in this state as of the date of

16  application.

17         6.  The anticipated commencement date of the project.

18         7.  A brief statement concerning the applicant's need

19  for tax refunds and concerning the role that the tax refunds

20  will play in the decision of the applicant to secure a new

21  contract, consolidate operations, convert to

22  nonaviation-industry operations, or expand aviation-industry

23  operations, as provided in paragraph (3)(a).

24         8.  An estimate of the proportion of the sales

25  resulting from the project that will be made outside the

26  state.

27         9.  A resolution adopted by the governing body of the

28  county or municipality in which the project will be located,

29  which resolution recommends that certain types of businesses

30  be approved as qualified aviation-industry businesses and

31  states that the commitments of local financial support

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  1  necessary for the aviation-industry business exist. Before

  2  passage of the resolution, the office may also accept an

  3  official letter from an authorized local economic development

  4  agency that endorses the proposed aviation-industry project

  5  and pledges that sources of local financial support for such

  6  project exist. For the purposes of making pledges of local

  7  financial support under this subsection, the authorized local

  8  economic development agency shall be officially designated by

  9  the passage of a one-time resolution by the local governing

10  body.

11         10.  Any additional information requested by the

12  office.

13         (k)  To qualify for review by the office, the

14  application of an aviation-industry business must, at a

15  minimum, establish the following to the satisfaction of the

16  office:

17         1.  The jobs proposed to be provided under the

18  application, pursuant to subparagraph (j)4., must pay an

19  estimated annual average wage equaling at least 100 percent of

20  the average private-sector wage in the area where the business

21  is to be located or the statewide private-sector average wage.

22  The office may waive this average wage requirement at the

23  request of the local governing body recommending the project

24  and Enterprise Florida, Inc. The wage requirement may only be

25  waived for a project located in a brownfield area designated

26  under s. 376.80, in a rural city or county as defined in s.

27  288.106(1), or in an enterprise zone as designated under s.

28  290.0065 and only when the merits of the individual project or

29  the specific circumstances in the community in relationship to

30  the project warrant such action. If the local governing body

31  and Enterprise Florida, Inc., make such a request, they must

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  1  transmit it in writing and explain the specific justification

  2  for the waiver request. If the director elects to waive the

  3  wage requirements, the director must state the waiver in

  4  writing and must explain the reasons for granting the waiver.

  5         2.  The aviation-industry business's project must

  6  result in the retention or creation of at least 5 jobs at such

  7  project and, if an expansion of an existing business, must

  8  result in a net increase in employment of not less than 10

  9  percent at such business. At the request of the local

10  governing body recommending the project and Enterprise

11  Florida, Inc., the office may define an "expansion of an

12  existing business" for purposes of a rural community, as

13  defined in s. 288.106(1), or an enterprise zone as the

14  expansion of a business resulting in a net increase in

15  employment of less than 10 percent at such business if the

16  merits of the individual project or the specific circumstances

17  in the community in relationship to the project warrant such

18  action. If the local governing body and Enterprise Florida,

19  Inc., make such a request, they must transmit it in writing

20  and explain the specific justification for the request. If the

21  director elects to grant such request, the director must state

22  such election in writing and must explain the reason for

23  granting the request.

24         3.  In the case of an application based on the

25  retention of jobs in this state, the aviation-industry

26  business must demonstrate, and the office must determine, that

27  the jobs that are to provide a basis for tax refunds are at

28  imminent risk of being lost to the state and that

29  certification as a qualified aviation-industry business under

30  this section is a significant factor in the retention of those

31  jobs.

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  1         (l)(j)  This section does not create a presumption that

  2  an applicant should receive any tax refunds under this

  3  section.

  4         (4)  QUALIFIED DEFENSE CONTRACTOR TAX REFUND

  5  AGREEMENT.--

  6         (a)  A qualified applicant shall enter into a written

  7  agreement with the office containing, but not limited to, the

  8  following:

  9         1.  The total number of full-time equivalent jobs in

10  this state that are or will be dedicated to the qualified

11  applicant's project, the average wage of such jobs, the

12  definitions that will apply for measuring the achievement of

13  these terms during the pendency of the agreement, and a time

14  schedule or plan for when such jobs will be in place and

15  active in this state. This information must be the same as the

16  information contained in the application submitted by the

17  contractor pursuant to subsection (3).

18         2.  The maximum amount of a refund that the qualified

19  applicant is eligible to receive for in each fiscal year,

20  based on the job creation or retention and maintenance

21  schedule specified in subparagraph 1.

22         3.  An agreement with the office allowing the office to

23  review and verify the financial and personnel records of the

24  qualified applicant to ascertain whether the qualified

25  applicant is complying with the requirements of this section.

26         4.  The date by after which, in each fiscal year, the

27  qualified applicant may file a an annual claim pursuant to

28  subsection (5) to be considered to receive a tax refund in the

29  following fiscal year.

30

31

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  1         5.  That local financial support shall be annually

  2  available and will be paid to the Economic Development Trust

  3  Fund.

  4         (b)  Compliance with the terms and conditions of the

  5  agreement is a condition precedent for receipt of tax refunds

  6  each year. The failure to comply with the terms and conditions

  7  of the agreement shall result in the loss of eligibility for

  8  receipt of all tax refunds previously authorized pursuant to

  9  this section, and the revocation of the certification as a

10  qualified applicant by the director, unless the applicant is

11  eligible to receive and elects to accept a prorated refund

12  under paragraph (5)(g) or the office grants the qualified

13  applicant an economic-stimulus exemption.

14         1.  A qualified applicant may submit, in writing, a

15  request to the office for an economic-stimulus exemption. The

16  request must provide quantitative evidence demonstrating how

17  negative economic conditions in the qualified applicant's

18  industry, or specific acts of terrorism affecting the

19  qualified applicant, have prevented the business from

20  complying with the terms and conditions of its tax refund

21  agreement.

22         2.  Upon receipt of a request under subparagraph 1.,

23  the director shall have 45 days to notify the requesting

24  qualified applicant, in writing, whether its exemption has

25  been granted or denied. In determining whether an exemption

26  should be granted, the director shall consider the extent to

27  which negative economic conditions in the requesting qualified

28  applicant's industry, or specific acts of terrorism affecting

29  the qualified applicant, have prevented the business from

30  complying with the terms and conditions of its tax refund

31  agreement.

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  1         3.  As a condition for receiving a prorated refund

  2  under paragraph (5)(g) or an economic-stimulus exemption under

  3  this paragraph, a qualified applicant must agree to

  4  renegotiate its tax refund agreement with the office to, at a

  5  minimum, ensure that the terms of the agreement comply with

  6  current law and office procedures governing application for

  7  and award of tax refunds. Upon approving the award of a

  8  prorated refund or granting an economic-stimulus exemption,

  9  the office shall renegotiate the tax refund agreement with the

10  qualified applicant as required by this subparagraph. When

11  amending the agreement of a qualified applicant receiving an

12  economic-stimulus exemption, the office may extend the

13  duration of the agreement for a period not to exceed 1 year.

14         4.  A qualified applicant may submit a request for an

15  economic-stimulus exemption to the office in lieu of any tax

16  refund claim scheduled to be submitted after June 30, 2001,

17  but before July 1, 2003.

18         5.  A qualified applicant that receives an

19  economic-stimulus exemption may not receive a tax refund for

20  the period covered by the exemption.

21         (c)  The agreement shall be signed by the director and

22  the authorized officer of the qualified applicant.

23         (d)  The agreement must contain the following legend,

24  clearly printed on its face in bold type of not less than 10

25  points:

26

27         "This agreement is neither a general obligation

28         of the State of Florida, nor is it backed by

29         the full faith and credit of the State of

30         Florida. Payment of tax refunds are conditioned

31         on and subject to specific annual

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  1         appropriations by the Florida Legislature of

  2         funds sufficient to pay amounts authorized in

  3         s. 288.1045, Florida Statutes."

  4

  5         (5)  ANNUAL CLAIM FOR REFUND FROM A QUALIFIED DEFENSE

  6  CONTRACTOR.--

  7         (a)  To be eligible to claim any scheduled tax refund,

  8  qualified applicants who have entered into a written agreement

  9  with the office pursuant to subsection (4) and who have

10  entered into a valid new Department of Defense contract,

11  commenced the consolidation of a Department of Defense

12  contract, commenced the conversion of defense production jobs

13  to nondefense production jobs, or who have entered into a

14  valid contract for reuse of a defense-related facility, or

15  commenced a qualified aviation-industry project must may apply

16  by January 31 of once each fiscal year to the office for tax

17  refunds scheduled to be paid from the appropriation for the

18  fiscal year that begins on July 1 following the January 31

19  claims-submission date. The office may, upon written request,

20  grant a 30-day extension of the filing date. The application

21  must be made on or after the date contained in the agreement

22  entered into pursuant to subsection (4) and must include a

23  notarized signature of an officer of the applicant.

24         (b)  The claim for refund by the qualified applicant

25  must include a copy of all receipts pertaining to the payment

26  of taxes for which a refund is sought, and data related to

27  achieving each performance item contained in the tax refund

28  agreement pursuant to subsection (4). The amount requested as

29  a tax refund may not exceed the amount for the relevant fiscal

30  year in the written agreement entered pursuant to subsection

31  (4).

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  1         (c)  A tax refund may not be approved for any qualified

  2  applicant unless local financial support has been paid to the

  3  Economic Development Trust Fund for in that refund fiscal

  4  year. If the local financial support is less than 20 percent

  5  of the approved tax refund, the tax refund shall be reduced.

  6  The tax refund paid may not exceed 5 times the local financial

  7  support received. Funding from local sources includes tax

  8  abatement under s. 196.1995 provided to a qualified applicant.

  9  The amount of any tax refund for an applicant approved under

10  this section shall be reduced by the amount of any such tax

11  abatement, and the limitations in subsection (2) and paragraph

12  (3)(h) shall be reduced by the amount of any such tax

13  abatement. A report listing all sources of the local financial

14  support shall be provided to the office when such support is

15  paid to the Economic Development Trust Fund.

16         (d)  The director, with assistance from the office, the

17  Department of Revenue, and the Agency for Workforce Innovation

18  Department of Labor and Employment Security, shall, by June 30

19  following the scheduled date for submitting the tax-refund

20  claim, specify by written order the approval or disapproval of

21  the tax refund claim and, if approved, determine the amount of

22  the tax refund that is authorized to be paid to for the

23  qualified applicant for the fiscal year in a written final

24  order within 30 days after the date the claim for the annual

25  tax refund is received by the office. The office may grant an

26  extension of this date upon the request of the qualified

27  applicant for the purpose of filing additional information in

28  support of the claim.

29         (e)  The total amount of tax refunds approved by the

30  director under this section in any fiscal year may not exceed

31  the amount appropriated to the Economic Development Trust Fund

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  1  for such purposes for the fiscal year. If the Legislature does

  2  not appropriate an amount sufficient to satisfy projections by

  3  the office for tax refunds in a fiscal year, the director

  4  shall, not later than July 15 of such year, determine the

  5  proportion of each refund claim which shall be paid by

  6  dividing the amount appropriated for tax refunds for the

  7  fiscal year by the projected total amount of refund claims for

  8  the fiscal year. The amount of each claim for a tax refund

  9  shall be multiplied by the resulting quotient. If, after the

10  payment of all such refund claims, funds remain in the

11  Economic Development Trust Fund for tax refunds, the director

12  shall recalculate the proportion for each refund claim and

13  adjust the amount of each claim accordingly.

14         (f)  Upon approval of the tax refund pursuant to

15  paragraphs (c) and (d), the Comptroller shall issue a warrant

16  for the amount included in the written final order. In the

17  event of any appeal of the written final order, the

18  Comptroller may not issue a warrant for a refund to the

19  qualified applicant until the conclusion of all appeals of the

20  written final order.

21         (g)  A prorated tax refund, less a 5 percent penalty,

22  shall be approved for a qualified applicant provided all other

23  applicable requirements have been satisfied and the applicant

24  proves to the satisfaction of the director that it has

25  achieved at least 80 percent of its projected employment and

26  that the average wage paid by the business is at least 90

27  percent of the average wage specified in the tax refund

28  agreement, but in no case less than 115 percent, or 100

29  percent in the case of a qualified aviation-industry business,

30  of the average private-sector wage in the area available at

31  the time of the claim. The prorated tax refund shall be

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  1  calculated by multiplying the tax refund amount for which the

  2  qualified applicant would have been eligible, if all

  3  applicable requirements had been satisfied, by the percentage

  4  of the average employment specified in the tax refund

  5  agreement which was achieved, and by the percentage of the

  6  average wages specified in the tax refund agreement which was

  7  achieved.

  8         (h)  This section does not create a presumption that a

  9  tax refund claim will be approved and paid.

10         (6)  ADMINISTRATION.--

11         (a)  The office may adopt rules pursuant to chapter 120

12  for the administration of this section.

13         (b)  The office may verify information provided in any

14  claim submitted for tax credits under this section with regard

15  to employment and wage levels or the payment of the taxes with

16  the appropriate agency or authority including the Department

17  of Revenue, the Agency for Workforce Innovation Department of

18  Labor and Employment Security, or any local government or

19  authority.

20         (c)  To facilitate the process of monitoring and

21  auditing applications made under this program, the office may

22  provide a list of qualified applicants to the Department of

23  Revenue, to the Agency for Workforce Innovation Department of

24  Labor and Employment Security, or to any local government or

25  authority. The office may request the assistance of said

26  entities with respect to monitoring jobs, wages, and the

27  payment of the taxes listed in subsection (2).

28         (d)  By December 1 of each year, the office shall

29  submit a complete and detailed report to the Governor, the

30  President of the Senate, and the Speaker of the House of

31  Representatives of all tax refunds paid under this section,

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  1  including analyses of benefits and costs, types of projects

  2  supported, employment and investment created, geographic

  3  distribution of tax refunds granted, and minority business

  4  participation.  The report must indicate whether the moneys

  5  appropriated by the Legislature to the qualified applicant tax

  6  refund program were expended in a prudent, fiducially sound

  7  manner.

  8         (e)  Funds specifically appropriated for the tax refund

  9  program under this section may not be used for any purpose

10  other than the payment of tax refunds authorized by this

11  section.

12         (7)  EXPIRATION.--An applicant may not be certified as

13  qualified under this section after June 30, 2004.

14         Section 4.  Paragraphs (a) and (d) of subsection (3),

15  paragraphs (a), (b), and (c) of subsection (4), and

16  subsections (5) and (6) of section 288.106, Florida Statutes,

17  are amended, and subsection (7) of that section is reenacted,

18  to read:

19         288.106  Tax refund program for qualified target

20  industry businesses.--

21         (3)  APPLICATION AND APPROVAL PROCESS.--

22         (a)  To apply for certification as a qualified target

23  industry business under this section, the business must file

24  an application with the office before the business has made

25  the decision to locate a new business in this state or before

26  the business had made the decision to expand an existing

27  business in this state. The application shall include, but is

28  not limited to, the following information:

29         1.  The applicant's federal employer identification

30  number and the applicant's state sales tax registration

31  number.

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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 net new full-time equivalent Florida

  7  jobs at the qualified target industry business as of December

  8  31 of each year included in this state that are or will be

  9  dedicated to the project and the average wage of those jobs.

10  If more than one type of business activity or product is

11  included in the project, the number of jobs and average wage

12  for those jobs must be separately stated for each type of

13  business activity or product.

14         5.  The total number of full-time equivalent employees

15  employed by the applicant in this state.

16         6.  The anticipated commencement date of the project.

17         7.  A brief statement concerning the role that the tax

18  refunds requested will play in the decision of the applicant

19  to locate or expand in this state.

20         8.  An estimate of the proportion of the sales

21  resulting from the project that will be made outside this

22  state.

23         9.  A resolution adopted by the governing board of the

24  county or municipality in which the project will be located,

25  which resolution recommends that certain types of businesses

26  be approved as a qualified target industry business and states

27  that the commitments of local financial support necessary for

28  the target industry business exist. In advance of the passage

29  of such resolution, the office may also accept an official

30  letter from an authorized local economic development agency

31  that endorses the proposed target industry project and pledges

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  1  that sources of local financial support for such project

  2  exist. For the purposes of making pledges of local financial

  3  support under this subsection, the authorized local economic

  4  development agency shall be officially designated by the

  5  passage of a one-time resolution by the local governing

  6  authority.

  7         10.  Any additional information requested by the

  8  office.

  9         (d)  The office shall forward its written findings and

10  evaluation concerning each application meeting the

11  requirements of paragraph (b) to the director within 45

12  calendar days after receipt of a complete application. The

13  office shall notify each target industry business when its

14  application is complete, and of the time when the 45-day

15  period begins. In its written report to the director, the

16  office shall specifically address each of the factors

17  specified in paragraph (c) and shall make a specific

18  assessment with respect to the minimum requirements

19  established in paragraph (b). The office shall include in its

20  report projections of the tax refunds the business would be

21  eligible to receive refund claim that will be sought by the

22  target industry business in each fiscal year based on the

23  creation and maintenance of the net new Florida jobs specified

24  in subparagraph (a)4. as of December 31 of the preceding state

25  fiscal year information submitted in the application.

26         (4)  TAX REFUND AGREEMENT.--

27         (a)  Each qualified target industry business must enter

28  into a written agreement with the office which specifies, at a

29  minimum:

30         1.  The total number of full-time equivalent jobs in

31  this state that will be dedicated to the project, the average

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  1  wage of those jobs, the definitions that will apply for

  2  measuring the achievement of these terms during the pendency

  3  of the agreement, and a time schedule or plan for when such

  4  jobs will be in place and active in this state. This

  5  information must be the same as the information contained in

  6  the application submitted by the business under subsection

  7  (3).

  8         2.  The maximum amount of tax refunds which the

  9  qualified target industry business is eligible to receive on

10  the project and the maximum amount of a tax refund that the

11  qualified target industry business is eligible to receive for

12  in each fiscal year, based on the job creation and maintenance

13  schedule specified in subparagraph 1.

14         3.  That the office may review and verify the financial

15  and personnel records of the qualified target industry

16  business to ascertain whether that business is in compliance

17  with this section.

18         4.  The date by after which, in each fiscal year, the

19  qualified target industry business may file a an annual claim

20  under subsection (5) to be considered to receive a tax refund

21  in the following fiscal year.

22         5.  That local financial support will be annually

23  available and will be paid to the account. The director may

24  not enter into a written agreement with a qualified target

25  industry business if the local financial support resolution is

26  not passed by the local governing authority within 90 days

27  after he or she has issued the letter of certification under

28  subsection (3).

29         (b)  Compliance with the terms and conditions of the

30  agreement is a condition precedent for the receipt of a tax

31  refund each year. The failure to comply with the terms and

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  1  conditions of the tax refund agreement results in the loss of

  2  eligibility for receipt of all tax refunds previously

  3  authorized under this section and the revocation by the

  4  director of the certification of the business entity as a

  5  qualified target industry business, unless the business is

  6  eligible to receive and elects to accept a prorated refund

  7  under paragraph (5)(d) or the office grants the business an

  8  economic-stimulus exemption.

  9         1.  A qualified target industry business may submit, in

10  writing, a request to the office for an economic-stimulus

11  exemption. The request must provide quantitative evidence

12  demonstrating how negative economic conditions in the

13  business's industry, or specific acts of terrorism affecting

14  the qualified target industry business, have prevented the

15  business from complying with the terms and conditions of its

16  tax refund agreement.

17         2.  Upon receipt of a request under subparagraph 1.,

18  the director shall have 45 days to notify the requesting

19  business, in writing, if its exemption has been granted or

20  denied. In determining whether an exemption should be granted,

21  the director shall consider the extent to which negative

22  economic conditions in the requesting business's industry, or

23  specific acts of terrorism affecting the qualified target

24  industry business, have prevented the business from complying

25  with the terms and conditions of its tax refund agreement.

26         3.  As a condition for receiving a prorated refund

27  under paragraph (5)(d) or an economic-stimulus exemption under

28  this paragraph, a qualified target industry business must

29  agree to renegotiate its tax refund agreement with the office

30  to, at a minimum, ensure that the terms of the agreement

31  comply with current law and office procedures governing

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  1  application for and award of tax refunds. Upon approving the

  2  award of a prorated refund or granting an economic-stimulus

  3  exemption, the office shall renegotiate the tax refund

  4  agreement with the business as required by this subparagraph.

  5  When amending the agreement of a business receiving an

  6  economic-stimulus exemption, the office may extend the

  7  duration of the agreement for a period not to exceed 1 year.

  8         4.  A qualified target industry business may submit a

  9  request for an economic-stimulus exemption to the office in

10  lieu of any tax refund claim scheduled to be submitted after

11  June 30, 2001, but before July 1, 2003.

12         5.  A qualified target industry business that receives

13  an economic-stimulus exemption may not receive a tax refund

14  for the period covered by the exemption.

15         (c)  The agreement must be signed by the director and

16  by an authorized officer of the qualified target industry

17  business within 120 days after the issuance of the letter of

18  certification under subsection (3), but not before passage and

19  receipt of the resolution of local financial support. The

20  office may grant an extension of this period at the written

21  request of the qualified target industry business.

22         (5)  ANNUAL CLAIM FOR REFUND.--

23         (a)  To be eligible to claim any scheduled tax refund,

24  a qualified target industry business that has entered into a

25  tax refund agreement with the office under subsection (4) must

26  may apply by January 31 of once each fiscal year to the office

27  for the a tax refund scheduled to be paid from the

28  appropriation for the fiscal year that begins on July 1

29  following the January 31 claims-submission date. The office

30  may, upon written request, grant a 30-day extension of the

31

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  1  filing date. The application must be made on or after the date

  2  specified in that agreement.

  3         (b)  The claim for refund by the qualified target

  4  industry business must include a copy of all receipts

  5  pertaining to the payment of taxes for which the refund is

  6  sought and data related to achievement of each performance

  7  item specified in the tax refund agreement. The amount

  8  requested as a tax refund may not exceed the amount specified

  9  for the relevant that fiscal year in that agreement.

10         (c)  A tax refund may not be approved for a qualified

11  target industry business unless the required local financial

12  support has been paid into the account for that refund in that

13  fiscal year. If the local financial support provided is less

14  than 20 percent of the approved tax refund, the tax refund

15  must be reduced. In no event may the tax refund exceed an

16  amount that is equal to 5 times the amount of the local

17  financial support received. Further, funding from local

18  sources includes any tax abatement granted to that business

19  under s. 196.1995 or the appraised market value of municipal

20  or county land conveyed or provided at a discount to that

21  business. The amount of any tax refund for such business

22  approved under this section must be reduced by the amount of

23  any such tax abatement granted or the value of the land

24  granted; and the limitations in subsection (2) and paragraph

25  (3)(f) must be reduced by the amount of any such tax abatement

26  or the value of the land granted. A report listing all sources

27  of the local financial support shall be provided to the office

28  when such support is paid to the account.

29         (d)  A prorated tax refund, less a 5-percent penalty,

30  shall be approved for a qualified target industry business

31  provided all other applicable requirements have been satisfied

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  1  and the business proves to the satisfaction of the director

  2  that it has achieved at least 80 percent of its projected

  3  employment and that the average wage paid by the business is

  4  at least 90 percent of the average wage specified in the tax

  5  refund agreement, but in no case less than 115 percent of the

  6  average private-sector wage in the area available at the time

  7  of the claim, or 150 percent or 200 percent of the average

  8  private-sector wage if the business requested the additional

  9  per-job tax refund authorized in paragraph (2)(b) for wages

10  above those levels. The prorated tax refund shall be

11  calculated by multiplying the tax refund amount for which the

12  qualified target industry business would have been eligible,

13  if all applicable requirements had been satisfied, by the

14  percentage of the average employment specified in the tax

15  refund agreement which was achieved, and by the percentage of

16  the average wages specified in the tax refund agreement which

17  was achieved.

18         (e)  The director, with such assistance as may be

19  required from the office, the Department of Revenue, or the

20  Agency for Workforce Innovation Department of Labor and

21  Employment Security, shall, by June 30 following the scheduled

22  date for submission of the tax-refund claim, specify by

23  written final order the approval or disapproval of the tax

24  refund claim and, if approved, the amount of the tax refund

25  that is authorized to be paid to for the qualified target

26  industry business for the fiscal year within 30 days after the

27  date that the claim for the annual tax refund is received by

28  the office. The office may grant an extension of this date on

29  the request of the qualified target industry business for the

30  purpose of filing additional information in support of the

31  claim.

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  1         (f)  The total amount of tax refund claims approved by

  2  the director under this section in any fiscal year must not

  3  exceed the amount authorized under s. 288.095(3).

  4         (g)  This section does not create a presumption that a

  5  tax refund claim will be approved and paid.

  6         (h)(g)  Upon approval of the tax refund under

  7  paragraphs (c), (d), and (e), the Comptroller shall issue a

  8  warrant for the amount specified in the written final order.

  9  If the written final order is appealed, the Comptroller may

10  not issue a warrant for a refund to the qualified target

11  industry business until the conclusion of all appeals of that

12  order.

13         (6)  ADMINISTRATION.--

14         (a)  The office is authorized to verify information

15  provided in any claim submitted for tax credits under this

16  section with regard to employment and wage levels or the

17  payment of the taxes to the appropriate agency or authority,

18  including the Department of Revenue, the Agency for Workforce

19  Innovation Department of Labor and Employment Security, or any

20  local government or authority.

21         (b)  To facilitate the process of monitoring and

22  auditing applications made under this program, the office may

23  provide a list of qualified target industry businesses to the

24  Department of Revenue, to the Agency for Workforce Innovation

25  Department of Labor and Employment Security, or to any local

26  government or authority. The office may request the assistance

27  of those entities with respect to monitoring jobs, wages, and

28  the payment of the taxes listed in subsection (2).

29         (c)  Funds specifically appropriated for the tax refund

30  program for qualified target industry businesses may not be

31

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  1  used for any purpose other than the payment of tax refunds

  2  authorized by this section.

  3         (7)  EXPIRATION.--This section expires June 30, 2004.

  4         Section 5.  Paragraph (f) of subsection (2) of section

  5  14.2015, Florida Statutes, is amended to read:

  6         14.2015  Office of Tourism, Trade, and Economic

  7  Development; creation; powers and duties.--

  8         (2)  The purpose of the Office of Tourism, Trade, and

  9  Economic Development is to assist the Governor in working with

10  the Legislature, state agencies, business leaders, and

11  economic development professionals to formulate and implement

12  coherent and consistent policies and strategies designed to

13  provide economic opportunities for all Floridians.  To

14  accomplish such purposes, the Office of Tourism, Trade, and

15  Economic Development shall:

16         (f)1.  Administer the Florida Enterprise Zone Act under

17  ss. 290.001-290.016, the community contribution tax credit

18  program under ss. 220.183 and 624.5105, the tax refund program

19  for qualified target industry businesses under s. 288.106, the

20  tax-refund program for qualified defense contractors and

21  qualified aviation-industry businesses under s. 288.1045,

22  contracts for transportation projects under s. 288.063, the

23  sports franchise facility program under s. 288.1162, the

24  professional golf hall of fame facility program under s.

25  288.1168, the expedited permitting process under s. 403.973,

26  the Rural Community Development Revolving Loan Fund under s.

27  288.065, the Regional Rural Development Grants Program under

28  s. 288.018, the Certified Capital Company Act under s. 288.99,

29  the Florida State Rural Development Council, the Rural

30  Economic Development Initiative, and other programs that are

31  specifically assigned to the office by law, by the

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  1  appropriations process, or by the Governor. Notwithstanding

  2  any other provisions of law, the office may expend interest

  3  earned from the investment of program funds deposited in the

  4  Economic Development Trust Fund, the Grants and Donations

  5  Trust Fund, the Brownfield Property Ownership Clearance

  6  Assistance Revolving Loan Trust Fund, and the Economic

  7  Development Transportation Trust Fund to contract for the

  8  administration of the programs, or portions of the programs,

  9  enumerated in this paragraph or assigned to the office by law,

10  by the appropriations process, or by the Governor. Such

11  expenditures shall be subject to review under chapter 216.

12         2.  The office may enter into contracts in connection

13  with the fulfillment of its duties concerning the Florida

14  First Business Bond Pool under chapter 159, tax incentives

15  under chapters 212 and 220, tax incentives under the Certified

16  Capital Company Act in chapter 288, foreign offices under

17  chapter 288, the Enterprise Zone program under chapter 290,

18  the Seaport Employment Training program under chapter 311, the

19  Florida Professional Sports Team License Plates under chapter

20  320, Spaceport Florida under chapter 331, Expedited Permitting

21  under chapter 403, and in carrying out other functions that

22  are specifically assigned to the office by law, by the

23  appropriations process, or by the Governor.

24         Section 6.  Paragraph (k) of subsection (7) of section

25  213.053, Florida Statutes, is amended to read:

26         213.053  Confidentiality and information sharing.--

27         (7)  Notwithstanding any other provision of this

28  section, the department may provide:

29         (k)1.  Payment information relative to s. 206.9825 and

30  chapters 199, 201, 212, 220, and 221 to the Office of Tourism,

31  Trade, and Economic Development, or agents of the office

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  1  identified in writing by the office to the department, in the

  2  its administration of the tax refund program for qualified

  3  defense contractors and aviation-industry businesses

  4  authorized by s. 288.1045.

  5         2.  Information relative to s. 624.509 and chapters

  6  199, 201, 212, 220, and 221 to the Office of Tourism, Trade,

  7  and Economic Development, or agents of the office identified

  8  in writing by the office to the department, in the

  9  administration of the tax refund program for qualified target

10  industry businesses authorized by s. 288.106.

11         3.  Information relative to credits taken by businesses

12  under s. 220.191 and exemptions or refunds received by

13  businesses under s. 212.08(5)(j) to the Office of Tourism,

14  Trade, and Economic Development, or agents of the office

15  identified in writing by the office to the department, in the

16  administration and evaluation of the capital investment tax

17  credit program authorized in s. 220.191 and the semiconductor,

18  defense, and space tax exemption program authorized in s.

19  212.08(5)(j).

20

21  Disclosure of information under this subsection shall be

22  pursuant to a written agreement between the executive director

23  and the agency.  Such agencies, governmental or

24  nongovernmental, shall be bound by the same requirements of

25  confidentiality as the Department of Revenue.  Breach of

26  confidentiality is a misdemeanor of the first degree,

27  punishable as provided by s. 775.082 or s. 775.083.

28         Section 7.  Small Business Crisis Management Team.--

29         (1)  The Legislature recognizes that periods of

30  sustained economic weakness, whether associated or

31  unassociated with events such as the September 11, 2001,

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  1  terrorist attacks on the United States, are particularly

  2  difficult for small businesses. Because its economy is

  3  dominated by small businesses, the state is especially

  4  vulnerable to periods of economic weakness. In addition, the

  5  Legislature finds that Enterprise Florida, Inc., as the

  6  principal economic development organization for the state,

  7  works with a diverse network of organizations and therefore is

  8  in a unique position to assist small businesses during times

  9  of economic crisis.

10         (2)  Enterprise Florida, Inc., is directed to

11  incorporate into its operations a Small Business Crisis

12  Management Team that can be activated quickly and for

13  temporary periods of time to assist small businesses in the

14  state during periods of economic crisis or sustained economic

15  weakness. The team shall be comprised of senior staff members

16  from Enterprise Florida, Inc., appointed by the president of

17  Enterprise Florida, Inc., as well as representatives of other

18  organizations who are recruited to serve on the team by the

19  president of Enterprise Florida, Inc. The purposes of the team

20  shall include, but not be limited to:

21         (a)  Serving as an initial, single point of contact for

22  small businesses that are attempting to gather information on

23  the variety of state and federal programs and services

24  available to them.

25         (b)  Publicizing to small businesses information on

26  federal assistance programs or initiatives, such as the

27  economic injury loan programs of the U.S. Small Business

28  Administration.

29         (c)  Referring small businesses to organizations, such

30  as small business development centers, which can provide

31

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  1  one-on-one counseling in business operations or best

  2  practices.

  3         (d)  Coordinating with the state and regional partners

  4  in the workforce development system, including but not limited

  5  to the REACT unit of the Agency for Workforce Innovation, to

  6  ensure that businesses undergoing layoffs or contemplating

  7  layoffs are aware of economic development incentives or other

  8  programs and services that may help reduce or avoid the need

  9  for such layoffs.

10         (e)  Utilizing the eflorida.com website as a resource

11  for small businesses to gather current information on

12  available assistance.

13         (3)  The Office of Tourism, Trade, and Economic

14  Development; Workforce Florida, Inc.; the Agency for Workforce

15  Innovation; and the Department of Community Affairs shall

16  assist Enterprise Florida, Inc., with the operation of the

17  Small Business Crisis Management Team and shall each appoint

18  at least one staff member to serve as a liaison to the team.

19         (4)  In order to provide a focus for the activities of

20  the Small Business Crisis Management Team, the term "small

21  business" as used in this section generally shall mean a

22  business with 25 or fewer employees. Enterprise Florida, Inc.,

23  however, may provide services under this section to businesses

24  with more employees if, in its judgment, the economic

25  conditions or circumstances of the particular business

26  warrant.

27         Section 8.  This act shall take effect upon becoming a

28  law.

29

30

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Temporarily broadens the eligibility criteria and award
      structure for the capital investment tax credit. Provides
  4    criteria under which a qualifying economic stimulus
      business is eligible for the credit. Requires Enterprise
  5    Florida, Inc., to analyze and report on the economic
      impact of tax refunds issued under the Economic
  6    Development Trust Fund. Provides for qualified
      aviation-industry businesses to receive a tax refund
  7    under the program for qualified defense contractors.
      Provides procedures for the Office of Tourism, Trade, and
  8    Economic Development to grant an economic-stimulus
      exemption to a business that failed to comply with the
  9    terms of a tax-refund agreement. Provides procedures for
      a prorated refund. Revises the tax refund program for
10    qualified target industry businesses to provide for an
      economic-stimulus exemption and a prorated refund.
11    Requires Enterprise Florida, Inc., to create a Small
      Business Crisis Management Team. Requires that the team
12    assist small businesses during periods of economic crisis
      or sustained economic weakness.
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