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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    Florida Senate - 2002                                  SB 2414
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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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    Florida Senate - 2002                                  SB 2414
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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.
30
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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
                                  17
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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.--
                                  18
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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
                                  19
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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
                                  21
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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;
                                  22
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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
                                  23
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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
                                  25
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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.
                                  26
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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
                                  28
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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.
                                  29
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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
                                  30
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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
31
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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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