CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
  1                                .
                                   .
  2                                .
                                   .
  3                                .
                                   .
  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Kilmer offered the following:

12

13         Amendment to Amendment (233314) (with title amendment) 

14         On page 1, line 17, through page 67, line 1,

15  remove:  all of said lines

16

17  and insert:

18         Section 1.  Paragraphs (a) and (b) of subsection (2) of

19  section 288.0655, Florida Statutes, are amended to read:

20         288.0655  Rural Infrastructure Fund.--

21         (2)(a)  Funds appropriated by the Legislature shall be

22  distributed by the office through a grant programs program

23  that maximize maximizes the use of federal, local, and private

24  resources, including, but not limited to, those available

25  under the Small Cities Community Development Block Grant

26  Program.

27         (b)  To facilitate access of rural communities and

28  rural areas of critical economic concern as defined by the

29  Rural Economic Development Initiative to infrastructure

30  funding programs of the Federal Government, such as those

31  offered by the United States Department of Agriculture and the

                                  1

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  United States Department of Commerce, and state programs,

  2  including those offered by Rural Economic Development

  3  Initiative agencies, and to facilitate local government or

  4  private infrastructure funding efforts, the office may award

  5  grants to applicants for such federal programs for up to 30

  6  percent of the total infrastructure project cost. Eligible

  7  projects must be related to specific job-creation or

  8  job-retention job creating opportunities. Eligible projects

  9  may also include improving any inadequate infrastructure that

10  has resulted in regulatory action that prohibits economic or

11  community growth or reducing the costs to community users of

12  proposed infrastructure improvements that exceed such costs in

13  comparable communities. Eligible uses of funds shall include

14  improvements to public infrastructure for industrial or

15  commercial sites and upgrades to or development of public

16  tourism infrastructure. Authorized infrastructure may include

17  the following public or public-private partnership facilities:

18  storm water systems; telecommunications facilities; roads or

19  other remedies to transportation impediments; nature-based

20  tourism facilities; or other physical requirements necessary

21  to facilitate tourism, trade, and economic development

22  activities in the community. Authorized infrastructure may

23  also include publicly owned self-powered nature-based tourism

24  facilities and additions to the distribution facilities of the

25  existing natural gas utility as defined in s. 366.04(3)(c),

26  the existing electric utility as defined in s. 366.02, or the

27  existing water or wastewater utility as defined in s.

28  367.021(12), or any other existing water or wastewater

29  facility, which owns a gas or electric distribution system or

30  a water or wastewater system in this state where:

31         1.  A contribution-in-aid of construction is required

                                  2

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  to serve public or public-private partnership facilities under

  2  the tariffs of any natural gas, electric, water, or wastewater

  3  utility as defined herein; and

  4         2.  Such utilities as defined herein are willing and

  5  able to provide such service.

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

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

  8         288.095  Economic Development Trust Fund.--

  9         (3)

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

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

12  Development based on actual project performance may not exceed

13  the amount appropriated to the Economic Development Incentives

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

15  the Legislature does not appropriate an amount sufficient to

16  satisfy estimates projections by the office for tax refunds

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

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

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

20  claim which shall be paid by dividing the amount appropriated

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

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

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

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

25  funds remain in the Economic Development Incentives Account

26  for tax refunds, the office shall recalculate the proportion

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

28  accordingly.

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

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

31  Economic Development shall submit a complete and detailed

                                  3

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





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

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

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

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

  5  VII of this chapter, of all applications received,

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

  7  Economic Development, final decisions issued, tax refund

  8  agreements executed, and tax refunds paid or other payments

  9  made under all programs funded out of the Economic Development

10  Incentives Account, including analyses of benefits and costs,

11  types of projects supported, and employment and investment

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

13  Trade, and Economic Development shall also include a separate

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

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

16  brownfield areas, and distressed urban communities. By

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

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

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

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

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

22  discuss whether the authority and moneys appropriated by the

23  Legislature to the Economic Development Incentives Account

24  were managed and expended in a prudent, fiducially sound

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

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

27  data related to business performance and incentive payments.

28         Section 3.  Section 288.1045, Florida Statutes, is

29  amended to read:

30         288.1045  Qualified defense contractor tax refund

31  program.--

                                  4

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





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

  2         (a)  "Consolidation of a Department of Defense

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

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

  5  contracts either from outside this state or from inside and

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

  7  facilities inside this state.

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

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

10  standard metropolitan area in which the business unit is

11  located.

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

13  valid Department of Defense contract or any business entity

14  that is a subcontractor under a valid Department of Defense

15  contract or any business entity that holds a valid contract

16  for the reuse of a defense-related facility, including all

17  members of an affiliated group of corporations as defined in

18  s. 220.03(1)(b).

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

20  Economic Development.

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

22  competitively bid Department of Defense contract or

23  subcontract or a competitively bid federal agency contract or

24  subcontract issued on behalf of the Department of Defense for

25  manufacturing, assembling, fabricating, research, development,

26  or design with a duration of 2 or more years, but excluding

27  any contract or subcontract to provide goods, improvements to

28  real or tangible property, or services directly to or for any

29  particular military base or installation in this state. The

30  term includes contracts or subcontracts for products or

31  services for military use which contracts or subcontracts are

                                  5

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  approved by the United States Department of Defense, the

  2  United States Department of State, or the United States Coast

  3  Guard.

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

  5  Department of Defense contract entered into after the date

  6  application for certification as a qualified applicant is made

  7  and after January 1, 1994.

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

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

10  Workforce Innovation Department of Labor and Employment

11  Security for the purpose of unemployment compensation tax,

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

13  does not include temporary construction jobs involved with the

14  construction of facilities for the project.

15         (h)  "Nondefense production jobs" means employment

16  exclusively for activities that, directly or indirectly, are

17  unrelated to the Department of Defense.

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

19  state under a new Department of Defense contract,

20  consolidation of a Department of Defense contract, or

21  conversion of defense production jobs over to nondefense

22  production jobs or reuse of defense-related facilities.

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

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

25  pursuant to this section.

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

27  Tourism, Trade, and Economic Development.

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

29  220.03(1)(z).

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

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

                                  6

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





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

  2  Workforce Innovation Department of Labor and Employment

  3  Security for unemployment compensation purposes or means a

  4  subcategory or division of an employing unit that is accepted

  5  by the Agency for Workforce Innovation Department of Labor and

  6  Employment Security as a reporting unit.

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

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

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

10  annual tax refund for a qualified applicant. Local financial

11  support may include excess payments made to a utility company

12  under a designated program to allow decreases in service by

13  the utility company under conditions, regardless of when

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

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

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

17  directly or indirectly, state funds appropriated from the

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

19  revenues shared with local governments pursuant to law.

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

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

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

23  research, development, or design of tangible personal

24  property, but excluding any contract to provide goods,

25  improvements to real or tangible property, or services

26  directly to or for any particular military base or

27  installation in this state. Such facility must be located

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

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

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

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

                                  7

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





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

  2  defense-related facility may not include any contract for

  3  reuse of such facility for any Department of Defense contract

  4  for manufacturing, assembling, fabricating, research,

  5  development, or design.

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

  7  the option to exercise an exemption from the local financial

  8  support requirement available to any applicant whose project

  9  is located in a county designated by the Rural Economic

10  Development Initiative, if the county commissioners of the

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

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

13  local financial support requirement. Any applicant that

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

15  of the total tax refunds allowed such applicant under this

16  section.

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

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

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

20  the amount of eligible taxes certified by the director which

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

22  refunds for all fiscal years for each qualified applicant

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

24  amount of a refund to a qualified applicant shall be

25  determined pursuant to subsection (5).

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

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

28  provided in the tax refund agreement pursuant to subparagraph

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

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

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

                                  8

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  fiscal year, provided that no qualified applicant may receive

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

  3  in any fiscal year.

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

  5  $7.5 million in tax refunds pursuant to this section in all

  6  fiscal years.

  7         (d)  Contingent upon an annual appropriation by the

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

  9  than the amount appropriated to the Economic Development Trust

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

11  (5) and s. 288.095.

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

13  director shall set aside 30 percent of the amount appropriated

14  for refunds pursuant to this section by the Legislature to

15  provide tax refunds only to qualified applicants who employ

16  500 or fewer full-time employees in this state. Any

17  unencumbered funds remaining undisbursed from this set-aside

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

19  refunds for any qualified applicants pursuant to this section.

20         (f)  After entering into a tax refund agreement

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

22  refunds from the Economic Development Trust Fund for the

23  following taxes due and paid by the qualified applicant

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

25  after entering into the agreement:

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

27  pursuant to chapter 212.

28         2.  Corporate income taxes paid pursuant to chapter

29  220.

30         3.  Intangible personal property taxes paid pursuant to

31  chapter 199.

                                  9

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1         4.  Emergency excise taxes paid pursuant to chapter

  2  221.

  3         5.  Excise taxes paid on documents pursuant to chapter

  4  201.

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

  6  220.03(1)(a) on June 1, 1996.

  7

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

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

10  exemption granted such contractor for any of such taxes. If a

11  refund for such taxes is provided by the office, which taxes

12  are subsequently adjusted by the application of any credit,

13  refund, or exemption granted to the qualified applicant other

14  than that provided in this section, the qualified applicant

15  shall reimburse the Economic Development Trust Fund for the

16  amount of such credit, refund, or exemption. A qualified

17  applicant must notify and tender payment to the office within

18  20 days after receiving a credit, refund, or exemption, other

19  than that provided in this section.

20         (g)  Any qualified applicant who fraudulently claims

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

22  Economic Development Trust Fund plus a mandatory penalty of

23  200 percent of the tax refund which shall be deposited into

24  the General Revenue Fund. Any qualified applicant who

25  fraudulently claims this refund commits a felony of the third

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

27  s. 775.084.

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

29  not be expended in connection with the relocation of a

30  business from one community to another community in this state

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

                                  10

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  determines that without such relocation the business will move

  2  outside this state or determines that the business has a

  3  compelling economic rationale for the relocation which creates

  4  additional jobs.

  5         (3)  APPLICATION PROCESS; REQUIREMENTS; AGENCY

  6  DETERMINATION.--

  7         (a)  To apply for certification as a qualified

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

  9  application with the office which satisfies the requirements

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

11  paragraphs (d) and (e). An applicant may not apply for

12  certification pursuant to this section after a proposal has

13  been submitted for a new Department of Defense contract, after

14  the applicant has made the decision to consolidate an existing

15  Department of Defense contract in this state for which such

16  applicant is seeking certification, or after the applicant has

17  made the decision to convert defense production jobs to

18  nondefense production jobs for which such applicant is seeking

19  certification.

20         (b)  Applications for certification based on the

21  consolidation of a Department of Defense contract or a new

22  Department of Defense contract must be submitted to the office

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

24  limited to, the following information:

25         1.  The applicant's federal employer identification

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

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

28         2.  The permanent location of the manufacturing,

29  assembling, fabricating, research, development, or design

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

31  located.

                                  11

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1         3.  The Department of Defense contract numbers of the

  2  contract to be consolidated, the new Department of Defense

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

  4  of Defense contract.

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

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

  7  is expected to expire.

  8         5.  The commencement date for project operations under

  9  the contract in this state.

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

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

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

13  average wage of such jobs.

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

15  employed by the applicant in this state.

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

17  derived from Department of Defense contracts during the 5

18  taxable years immediately preceding the date the application

19  is submitted.

20         9.  The amount of:

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

22  pursuant to chapter 212;

23         b.  Corporate income taxes paid pursuant to chapter

24  220;

25         c.  Intangible personal property taxes paid pursuant to

26  chapter 199;

27         d.  Emergency excise taxes paid pursuant to chapter

28  221;

29         e.  Excise taxes paid on documents pursuant to chapter

30  201; and

31         f.  Ad valorem taxes paid

                                  12

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1

  2  during the 5 fiscal years immediately preceding the date of

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

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

  5  the application.

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

  7  for in each fiscal year.

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

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

10  applicant.

11         12.  A resolution adopted by the county commissioners

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

13  recommends the applicant be approved as a qualified applicant,

14  and which indicates that the necessary commitments of local

15  financial support for the applicant exist. Prior to the

16  adoption of the resolution, the county commission may review

17  the proposed public or private sources of such support and

18  determine whether the proposed sources of local financial

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

20  located in a county designated by the Rural Economic

21  Development Initiative, a resolution adopted by the county

22  commissioners of such county requesting that the applicant's

23  project be exempt from the local financial support

24  requirement.

25         13.  Any additional information requested by the

26  office.

27         (c)  Applications for certification based on the

28  conversion of defense production jobs to nondefense production

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

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

31  information:

                                  13

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1         1.  The applicant's federal employer identification

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

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

  4         2.  The permanent location of the manufacturing,

  5  assembling, fabricating, research, development, or design

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

  7  located.

  8         3.  The Department of Defense contract numbers of the

  9  contract under which the defense production jobs will be

10  converted to nondefense production jobs.

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

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

13  canceled.

14         5.  The commencement date for the nondefense production

15  operations in this state.

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

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

18  the nondefense production project as of December 31 of each

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

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

21  employed by the applicant in this state.

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

23  derived from Department of Defense contracts during the 5

24  taxable years immediately preceding the date the application

25  is submitted.

26         9.  The amount of:

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

28  pursuant to chapter 212;

29         b.  Corporate income taxes paid pursuant to chapter

30  220;

31         c.  Intangible personal property taxes paid pursuant to

                                  14

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  chapter 199;

  2         d.  Emergency excise taxes paid pursuant to chapter

  3  221;

  4         e.  Excise taxes paid on documents pursuant to chapter

  5  201; and

  6         f.  Ad valorem taxes paid

  7

  8  during the 5 fiscal years immediately preceding the date of

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

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

11  the application.

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

13  for in each fiscal year.

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

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

16  applicant.

17         12.  A resolution adopted by the county commissioners

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

19  recommends the applicant be approved as a qualified applicant,

20  and which indicates that the necessary commitments of local

21  financial support for the applicant exist. Prior to the

22  adoption of the resolution, the county commission may review

23  the proposed public or private sources of such support and

24  determine whether the proposed sources of local financial

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

26  located in a county designated by the Rural Economic

27  Development Initiative, a resolution adopted by the county

28  commissioners of such county requesting that the applicant's

29  project be exempt from the local financial support

30  requirement.

31         13.  Any additional information requested by the

                                  15

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  office.

  2         (d)  Applications for certification based on a contract

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

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

  5  are not limited to, the following information:

  6         1.  The applicant's Florida sales tax registration

  7  number and a notarized signature of an officer of the

  8  applicant.

  9         2.  The permanent location of the manufacturing,

10  assembling, fabricating, research, development, or design

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

12  located.

13         3.  The business entity holding a valid Department of

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

15  States that previously occupied the facility, and the date

16  such entity last occupied the facility.

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

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

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

20  facility.

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

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

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

24         6.  The commencement date for project operations under

25  the contract in this state.

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

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

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

29  average wage of such jobs.

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

31  employed by the applicant in this state.

                                  16

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1         9.  The amount of:

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

  3  pursuant to chapter 212.

  4         b.  Corporate income taxes paid pursuant to chapter

  5  220.

  6         c.  Intangible personal property taxes paid pursuant to

  7  chapter 199.

  8         d.  Emergency excise taxes paid pursuant to chapter

  9  221.

10         e.  Excise taxes paid on documents pursuant to chapter

11  201.

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

13  immediately preceding the date of the application, and the

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

15  years immediately following the date of the application.

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

17  for in each fiscal year.

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

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

20  applicant.

21         12.  A resolution adopted by the county commissioners

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

23  recommends the applicant be approved as a qualified applicant,

24  and which indicates that the necessary commitments of local

25  financial support for the applicant exist. Prior to the

26  adoption of the resolution, the county commission may review

27  the proposed public or private sources of such support and

28  determine whether the proposed sources of local financial

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

30  located in a county designated by the Rural Economic

31  Development Initiative, a resolution adopted by the county

                                  17

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  commissioners of such county requesting that the applicant's

  2  project be exempt from the local financial support

  3  requirement.

  4         13.  Any additional information requested by the

  5  office.

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

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

  8  following to the satisfaction of the office:

  9         1.  The jobs proposed to be provided under the

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

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

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

13  project is to be located.

14         2.  The consolidation of a Department of Defense

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

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

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

18  facilities in this state.

19         3.  The conversion of defense production jobs to

20  nondefense production jobs must result in net increases in

21  nondefense employment at the applicant's facilities in this

22  state.

23         4.  The Department of Defense contract cannot allow the

24  business to include the costs of relocation or retooling in

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

26  contract.

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

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

29  state from Department of Defense contracts over the

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

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

                                  18

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  state from Department of Defense contracts over the 5 years

  2  preceding the date an application is submitted pursuant to

  3  this section. This subparagraph does not apply to any

  4  application for certification based on a contract for reuse of

  5  a defense-related facility.

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

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

  8         (f)  Each application meeting the requirements of

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

10  (d) and (e) must be submitted to the office for a

11  determination of eligibility. The office shall review,

12  evaluate, and score each application based on, but not limited

13  to, the following criteria:

14         1.  Expected contributions to the state strategic

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

16  taking into account the extent to which the project

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

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

19  state's economy.

20         2.  The economic benefit of the jobs created or

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

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

23  potential risk to existing jobs.

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

25  applicant in this state.

26         4.  The local commitment and support for the project

27  and applicant.

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

29  taking into account the unemployment rate for the county where

30  the project will be located.

31         6.  The dependence of the local community on the

                                  19

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  defense industry.

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

  3  this section on the viability of the project and the

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

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

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

  7  growth and employment in this state.

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

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

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

11  evaluation on each application meeting the requirements of

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

13  (d) and (e) to the director within 60 calendar days after of

14  receipt of a complete application. The office shall notify

15  each applicant when its application is complete, and when the

16  60-day period begins. In its written report to the director,

17  the office shall specifically address each of the factors

18  specified in paragraph (f), and shall make a specific

19  assessment with respect to the minimum requirements

20  established in paragraph (e). The office shall include in its

21  report projections of the tax refunds the applicant would be

22  eligible to receive refund claims that will be sought by the

23  applicant in each fiscal year based on the creation and

24  maintenance of the net new Florida jobs specified in

25  subparagraphs (b)6., (c)6., or (d)7. as of December 31 of the

26  preceding state fiscal year information submitted in the

27  application.

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

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

30  certification which enter a final order that either approves

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

                                  20

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  and provide the justifications for either approval or

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

  3  written agreement with the qualified applicant pursuant to

  4  subsection (4).

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

  6  that certifies any applicant as a qualified applicant when the

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

  8  certification final order exceeds the available amount of

  9  authority to certify new businesses enter final orders as

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

11  order that approves an application must specify the maximum

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

13  contractor for in each fiscal year and the total amount of tax

14  refunds for all fiscal years.

15         (j)  This section does not create a presumption that an

16  applicant should receive any tax refunds under this section.

17         (4)  QUALIFIED DEFENSE CONTRACTOR TAX REFUND

18  AGREEMENT.--

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

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

21  following:

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

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

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

25  definitions that will apply for measuring the achievement of

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

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

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

29  information contained in the application submitted by the

30  contractor pursuant to subsection (3).

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

                                  21

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





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

  2  based on the job creation or retention and maintenance

  3  schedule specified in subparagraph 1.

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

  5  review and verify the financial and personnel records of the

  6  qualified applicant to ascertain whether the qualified

  7  applicant is complying with the requirements of this section.

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

  9  qualified applicant may file a an annual claim pursuant to

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

11  following fiscal year.

12         5.  That local financial support shall be annually

13  available and will be paid to the Economic Development Trust

14  Fund.

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

16  agreement is a condition precedent for receipt of tax refunds

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

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

19  receipt of all tax refunds previously authorized pursuant to

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

21  qualified applicant by the director, unless the qualified

22  applicant is eligible to receive and elects to accept a

23  prorated refund under paragraph (5)(g) or the office grants

24  the qualified applicant an economic-stimulus exemption.

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

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

27  request must provide quantitative evidence demonstrating how

28  negative economic conditions in the qualified applicant's

29  industry have prevented the qualified applicant from complying

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

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

                                  22

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  the director shall have 45 days to notify the requesting

  2  qualified applicant, in writing, if its exemption has been

  3  granted or denied. In determining if an exemption should be

  4  granted, the director shall consider the extent to which

  5  negative economic conditions in the requesting qualified

  6  applicant's industry have prevented the qualified applicant

  7  from complying with the terms and conditions of its tax refund

  8  agreement.

  9         3.  As a condition for receiving a prorated refund

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

11  this paragraph, a qualified applicant must agree to

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

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

14  current law and office procedures governing application for

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

16  prorated refund or granting an economic-stimulus exemption,

17  the office shall renegotiate the tax refund agreement with the

18  qualified applicant as required by this subparagraph. When

19  amending the agreement of a qualified applicant receiving an

20  economic-stimulus exemption, the office may extend the

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

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

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

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

25  but before July 1, 2003.

26         5.  A qualified applicant that receives an

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

28  the period covered by the exemption.

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

30  the authorized officer of the qualified applicant.

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

                                  23

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





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

  2  points:

  3

  4         "This agreement is neither a general obligation

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

  6         the full faith and credit of the State of

  7         Florida. Payment of tax refunds are conditioned

  8         on and subject to specific annual

  9         appropriations by the Florida Legislature of

10         funds sufficient to pay amounts authorized in

11         s. 288.1045, Florida Statutes."

12

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

14  CONTRACTOR.--

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

16  qualified applicants who have entered into a written agreement

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

18  entered into a valid new Department of Defense contract,

19  commenced the consolidation of a Department of Defense

20  contract, commenced the conversion of defense production jobs

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

22  valid contract for reuse of a defense-related facility must

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

24  for tax refunds scheduled to be paid from the appropriation

25  for the fiscal year that begins on July 1 following the

26  January 31 claims-submission date. The office may, upon

27  written request, grant a 30-day extension of the filing date.

28  The application must be made on or after the date contained in

29  the agreement entered into pursuant to subsection (4) and must

30  include a notarized signature of an officer of the applicant.

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

                                  24

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





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

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

  3  achieving each performance item contained in the tax refund

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

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

  6  year in the written agreement entered pursuant to subsection

  7  (4).

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

  9  applicant unless local financial support has been paid to the

10  Economic Development Trust Fund for in that refund fiscal

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

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

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

14  support received. Funding from local sources includes tax

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

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

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

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

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

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

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

22  paid to the Economic Development Trust Fund.

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

24  Department of Revenue, and the Agency for Workforce Innovation

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

26  following the scheduled date for submitting the tax-refund

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

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

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

30  qualified applicant for the fiscal year in a written final

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

                                  25

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





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

  2  extension of this date upon the request of the qualified

  3  applicant for the purpose of filing additional information in

  4  support of the claim.

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

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

  7  the amount appropriated to the Economic Development Trust Fund

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

  9  not appropriate an amount sufficient to satisfy projections by

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

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

12  proportion of each refund claim which shall be paid by

13  dividing the amount appropriated for tax refunds for the

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

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

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

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

18  Economic Development Trust Fund for tax refunds, the director

19  shall recalculate the proportion for each refund claim and

20  adjust the amount of each claim accordingly.

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

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

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

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

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

26  qualified applicant until the conclusion of all appeals of the

27  written final order.

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

29  shall be approved for a qualified applicant provided all other

30  applicable requirements have been satisfied and the applicant

31  proves to the satisfaction of the director that it has

                                  26

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  achieved at least 80 percent of its projected employment and

  2  that the average wage paid by the qualified applicant is at

  3  least 90 percent of the average wage specified in the tax

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

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

  6  of certification. The prorated tax refund shall be calculated

  7  by multiplying the tax refund amount for which the qualified

  8  applicant would have been eligible, if all applicable

  9  requirements had been satisfied, by the percentage of the

10  average employment specified in the tax refund agreement which

11  was achieved, and by the percentage of the average wages

12  specified in the tax refund agreement which was achieved.

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

14  tax refund claim will be approved and paid.

15         (6)  ADMINISTRATION.--

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

17  for the administration of this section.

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

19  claim submitted for tax credits under this section with regard

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

21  the appropriate agency or authority including the Department

22  of Revenue, the Agency for Workforce Innovation Department of

23  Labor and Employment Security, or any local government or

24  authority.

25         (c)  To facilitate the process of monitoring and

26  auditing applications made under this program, the office may

27  provide a list of qualified applicants to the Department of

28  Revenue, to the Agency for Workforce Innovation Department of

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

30  authority. The office may request the assistance of said

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

                                  27

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





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

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

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

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

  5  Representatives of all tax refunds paid under this section,

  6  including analyses of benefits and costs, types of projects

  7  supported, employment and investment created, geographic

  8  distribution of tax refunds granted, and minority business

  9  participation.  The report must indicate whether the moneys

10  appropriated by the Legislature to the qualified applicant tax

11  refund program were expended in a prudent, fiducially sound

12  manner.

13         (e)  Funds specifically appropriated for the tax refund

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

15  other than the payment of tax refunds authorized by this

16  section.

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

18  qualified under this section after June 30, 2004.

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

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

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

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

23  to read:

24         288.106  Tax refund program for qualified target

25  industry businesses.--

26         (3)  APPLICATION AND APPROVAL PROCESS.--

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

28  industry business under this section, the business must file

29  an application with the office before the business has made

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

31  the business had made the decision to expand an existing

                                  28

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





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

  2  not limited to, the following information:

  3         1.  The applicant's federal employer identification

  4  number and the applicant's state sales tax registration

  5  number.

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

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

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

  9  product covered by the project, including four-digit SIC codes

10  for all activities included in the project.

11         4.  The number of net new full-time equivalent Florida

12  jobs at the qualified target industry business as of December

13  31 of each year included in this state that are or will be

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

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

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

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

18  business activity or product.

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

20  employed by the applicant in this state.

21         6.  The anticipated commencement date of the project.

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

23  refunds requested will play in the decision of the applicant

24  to locate or expand in this state.

25         8.  An estimate of the proportion of the sales

26  resulting from the project that will be made outside this

27  state.

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

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

30  which resolution recommends that certain types of businesses

31  be approved as a qualified target industry business and states

                                  29

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  that the commitments of local financial support necessary for

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

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

  4  letter from an authorized local economic development agency

  5  that endorses the proposed target industry project and pledges

  6  that sources of local financial support for such project

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

  8  support under this subsection, the authorized local economic

  9  development agency shall be officially designated by the

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

11  authority.

12         10.  Any additional information requested by the

13  office.

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

15  evaluation concerning each application meeting the

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

17  calendar days after receipt of a complete application. The

18  office shall notify each target industry business when its

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

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

21  office shall specifically address each of the factors

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

23  assessment with respect to the minimum requirements

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

25  report projections of the tax refunds the business would be

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

27  target industry business in each fiscal year based on the

28  creation and maintenance of the net new Florida jobs specified

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

30  fiscal year information submitted in the application.

31         (4)  TAX REFUND AGREEMENT.--

                                  30

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1         (a)  Each qualified target industry business must enter

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

  3  minimum:

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

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

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

  7  measuring the achievement of these terms during the pendency

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

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

10  information must be the same as the information contained in

11  the application submitted by the business under subsection

12  (3).

13         2.  The maximum amount of tax refunds which the

14  qualified target industry business is eligible to receive on

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

16  qualified target industry business is eligible to receive for

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

18  schedule specified in subparagraph 1.

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

20  and personnel records of the qualified target industry

21  business to ascertain whether that business is in compliance

22  with this section.

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

24  qualified target industry business may file a an annual claim

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

26  in the following fiscal year.

27         5.  That local financial support will be annually

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

29  not enter into a written agreement with a qualified target

30  industry business if the local financial support resolution is

31  not passed by the local governing authority within 90 days

                                  31

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





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

  2  subsection (3).

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

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

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

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

  7  eligibility for receipt of all tax refunds previously

  8  authorized under this section and the revocation by the

  9  director of the certification of the business entity as a

10  qualified target industry business, unless the business is

11  eligible to receive and elects to accept a prorated refund

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

13  economic-stimulus exemption.

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

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

16  exemption. The request must provide quantitative evidence

17  demonstrating how negative economic conditions in the

18  business's industry have prevented the business from complying

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

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

21  the director shall have 45 days to notify the requesting

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

23  denied. In determining if an exemption should be granted, the

24  director shall consider the extent to which negative economic

25  conditions in the requesting business's industry have

26  prevented the business from complying with the terms and

27  conditions of its tax refund agreement.

28         3.  As a condition for receiving a prorated refund

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

30  this paragraph, a qualified target industry business must

31  agree to renegotiate its tax refund agreement with the office

                                  32

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





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

  2  comply with current law and office procedures governing

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

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

  5  exemption, the office shall renegotiate the tax refund

  6  agreement with the business as required by this subparagraph.

  7  When amending the agreement of a business receiving an

  8  economic-stimulus exemption, the office may extend the

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

10         4.  A qualified target industry business may submit a

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

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

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

14         5.  A qualified target industry business that receives

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

16  for the period covered by the exemption.

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

18  by an authorized officer of the qualified target industry

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

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

21  receipt of the resolution of local financial support. The

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

23  request of the qualified target industry business.

24         (5)  ANNUAL CLAIM FOR REFUND.--

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

26  a qualified target industry business that has entered into a

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

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

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

30  appropriation for the fiscal year that begins on July 1

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

                                  33

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





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

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

  3  specified in that agreement.

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

  5  industry business must include a copy of all receipts

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

  7  sought and data related to achievement of each performance

  8  item specified in the tax refund agreement. The amount

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

10  for the relevant that fiscal year in that agreement.

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

12  target industry business unless the required local financial

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

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

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

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

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

18  financial support received. Further, funding from local

19  sources includes any tax abatement granted to that business

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

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

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

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

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

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

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

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

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

29  when such support is paid to the account.

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

31  shall be approved for a qualified target industry business

                                  34

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  provided all other applicable requirements have been satisfied

  2  and the business proves to the satisfaction of the director

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

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

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

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

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

  8  of certification, or 150 percent or 200 percent of the average

  9  private-sector wage if the business requested the additional

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

11  above those levels. The prorated tax refund shall be

12  calculated by multiplying the tax refund amount for which the

13  qualified target industry business would have been eligible,

14  if all applicable requirements had been satisfied, by the

15  percentage of the average employment specified in the tax

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

17  the average wages specified in the tax refund agreement which

18  was achieved.

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

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

21  Agency for Workforce Innovation Department of Labor and

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

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

24  written final order the approval or disapproval of the tax

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

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

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

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

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

30  the request of the qualified target industry business for the

31  purpose of filing additional information in support of the

                                  35

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  claim.

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

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

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

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

  6  tax refund claim will be approved and paid.

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

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

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

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

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

12  industry business until the conclusion of all appeals of that

13  order.

14         (6)  ADMINISTRATION.--

15         (a)  The office is authorized to verify information

16  provided in any claim submitted for tax credits under this

17  section with regard to employment and wage levels or the

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

19  including the Department of Revenue, the Agency for Workforce

20  Innovation Department of Labor and Employment Security, or any

21  local government or authority.

22         (b)  To facilitate the process of monitoring and

23  auditing applications made under this program, the office may

24  provide a list of qualified target industry businesses to the

25  Department of Revenue, to the Agency for Workforce Innovation

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

27  government or authority. The office may request the assistance

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

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

30         (c)  Funds specifically appropriated for the tax refund

31  program for qualified target industry businesses may not be

                                  36

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  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 (k) of subsection (7) of section

  5  213.053, Florida Statutes, is amended to read:

  6         213.053  Confidentiality and information sharing.--

  7         (7)  Notwithstanding any other provision of this

  8  section, the department may provide:

  9         (k)1.  Payment information relative to chapters 199,

10  201, 212, 220, and 221, and 624 to the Office of Tourism,

11  Trade, and Economic Development, or its employees or agents

12  that are identified in writing by the office to the

13  department, in the its administration of the tax refund

14  program for qualified defense contractors authorized by s.

15  288.1045 and the tax refund program for qualified target

16  industry businesses authorized by s. 288.106.

17         2.  Information relative to tax credits taken by a

18  business under s. 220.191 and exemptions or tax refunds

19  received by a business under s. 212.08(5)(j) to the Office of

20  Tourism, Trade, and Economic Development, or its employees or

21  agents that are identified in writing by the office to the

22  department, in the administration and evaluation of the

23  capital investment tax credit program authorized in s. 220.191

24  and the semiconductor, defense, and space tax exemption

25  program authorized in s. 212.08(5)(j).

26

27  Disclosure of information under this subsection shall be

28  pursuant to a written agreement between the executive director

29  and the agency.  Such agencies, governmental or

30  nongovernmental, shall be bound by the same requirements of

31  confidentiality as the Department of Revenue.  Breach of

                                  37

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  confidentiality is a misdemeanor of the first degree,

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

  3         Section 6.  Sections 7 and 8 of this act may be cited

  4  as the "Tourism Industry Recovery Act of 2002."

  5         Section 7.  Paragraphs (l) and (n) of subsection (3) of

  6  section 125.0104, Florida Statutes, are amended to read:

  7         125.0104  Tourist development tax; procedure for

  8  levying; authorized uses; referendum; enforcement.--

  9         (3)  TAXABLE PRIVILEGES; EXEMPTIONS; LEVY; RATE.--

10         (l)  In addition to any other tax which is imposed

11  pursuant to this section, a county may impose up to an

12  additional 1-percent tax on the exercise of the privilege

13  described in paragraph (a) by majority vote of the governing

14  board of the county in order to:

15         1.  Pay the debt service on bonds issued to finance the

16  construction, reconstruction, or renovation of a professional

17  sports franchise facility, or the acquisition, construction,

18  reconstruction, or renovation of a retained spring training

19  franchise facility, either publicly owned and operated, or

20  publicly owned and operated by the owner of a professional

21  sports franchise or other lessee with sufficient expertise or

22  financial capability to operate such facility, and to pay the

23  planning and design costs incurred prior to the issuance of

24  such bonds.

25         2.  Pay the debt service on bonds issued to finance the

26  construction, reconstruction, or renovation of a convention

27  center, and to pay the planning and design costs incurred

28  prior to the issuance of such bonds.

29         3.  Pay the operation and maintenance costs of a

30  convention center for a period of up to 10 years. Only

31  counties that have elected to levy the tax for the purposes

                                  38

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  authorized in subparagraph 2. may use the tax for the purposes

  2  enumerated in this subparagraph. Any county that elects to

  3  levy the tax for the purposes authorized in subparagraph 2.

  4  after July 1, 2000, may use the proceeds of the tax to pay the

  5  operation and maintenance costs of a convention center for the

  6  life of the bonds.

  7         4.  Promote and advertise tourism in the State of

  8  Florida and nationally and internationally; however, if tax

  9  revenues are expended for an activity, service, venue, or

10  event, the activity, service, venue, or event shall have as

11  one of its main purposes the attraction of tourists as

12  evidenced by the promotion of the activity, service, venue, or

13  event to tourists.

14

15  The provision of paragraph (b) which prohibits any county

16  authorized to levy a convention development tax pursuant to s.

17  212.0305 from levying more than the 2-percent tax authorized

18  by this section, and the provisions of paragraphs (4)(a)-(d),

19  shall not apply to the additional tax authorized in this

20  paragraph. The effective date of the levy and imposition of

21  the tax authorized under this paragraph shall be the first day

22  of the second month following approval of the ordinance by the

23  governing board or the first day of any subsequent month as

24  may be specified in the ordinance.  A certified copy of such

25  ordinance shall be furnished by the county to the Department

26  of Revenue within 10 days after approval of such ordinance.

27         (n)  In addition to any other tax that is imposed under

28  this section, a county that has imposed the tax under

29  paragraph (l) may impose an additional tax that is no greater

30  than 1 percent on the exercise of the privilege described in

31  paragraph (a) by a majority plus one vote of the membership of

                                  39

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  the board of county commissioners in order to:

  2         1.  Pay the debt service on bonds issued to finance:

  3         a.1.  The construction, reconstruction, or renovation

  4  of a facility either publicly owned and operated, or publicly

  5  owned and operated by the owner of a professional sports

  6  franchise or other lessee with sufficient expertise or

  7  financial capability to operate such facility, and to pay the

  8  planning and design costs incurred prior to the issuance of

  9  such bonds for a new professional sports franchise as defined

10  in s. 288.1162.

11         b.2.  The acquisition, construction, reconstruction, or

12  renovation of a facility either publicly owned and operated,

13  or publicly owned and operated by the owner of a professional

14  sports franchise or other lessee with sufficient expertise or

15  financial capability to operate such facility, and to pay the

16  planning and design costs incurred prior to the issuance of

17  such bonds for a retained spring training franchise.

18         2.  Promote and advertise tourism in the State of

19  Florida and nationally and internationally; however, if tax

20  revenues are expended for an activity, service, venue, or

21  event, the activity, service, venue, or event shall have as

22  one of its main purposes the attraction of tourists as

23  evidenced by the promotion of the activity, service, venue, or

24  event to tourists.

25

26  A county that imposes the tax authorized in this paragraph may

27  not expend any ad valorem tax revenues for the acquisition,

28  construction, reconstruction, or renovation of a that facility

29  for which tax revenues are used pursuant to subparagraph 1.

30  The provision of paragraph (b) which prohibits any county

31  authorized to levy a convention development tax pursuant to s.

                                  40

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  212.0305 from levying more than the 2-percent tax authorized

  2  by this section shall not apply to the additional tax

  3  authorized by this paragraph in counties which levy convention

  4  development taxes pursuant to s. 212.0305(4)(a). Subsection

  5  (4) does not apply to the adoption of the additional tax

  6  authorized in this paragraph. The effective date of the levy

  7  and imposition of the tax authorized under this paragraph is

  8  the first day of the second month following approval of the

  9  ordinance by the board of county commissioners or the first

10  day of any subsequent month specified in the ordinance. A

11  certified copy of such ordinance shall be furnished by the

12  county to the Department of Revenue within 10 days after

13  approval of the ordinance.

14         Section 8.  Notwithstanding section 18 of CS for CS for

15  SB 1360, 2002 Regular Session, section 197.1722, Florida

16  Statutes, as created by section 16 of that bill, shall not

17  take effect January 1, 2003, but shall take effect on the date

18  CS for CS for SB 1360, Regular Session, becomes a law and

19  shall apply retroactively to January 1, 2002.

20         Section 9.  Notwithstanding any provisions in section

21  290.0055, Florida Statutes, regarding the size of an

22  enterprise zone, a county as defined in section 125.011(1),

23  Florida Statutes, may apply to the Office of Tourism, Trade,

24  and Economic Development before October 1, 2002, to amend the

25  boundary lines of its existing enterprise zone in order to add

26  an area not exceeding 4 square miles. The area proposed for

27  addition to the enterprise zone under this section must be

28  contiguous to a portion of the existing enterprise zone and

29  must be part of a revitalization area that has been targeted

30  for assistance by the county or by a municipality within the

31  county. The area proposed for addition to the enterprise zone

                                  41

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  also must contain a high concentration of individuals who have

  2  immigrated to this state from Haiti. The Office of Tourism,

  3  Trade, and Economic Development shall approve an amendment to

  4  the enterprise zone boundary lines, effective January 1, 2003,

  5  provided that the area proposed for addition to the enterprise

  6  zone is consistent with the criteria and conditions imposed by

  7  section 290.0055, Florida Statutes, upon the establishment of

  8  enterprise zones, including the requirement that the area

  9  suffer from pervasive poverty, unemployment, and general

10  distress.

11         Section 10.  Notwithstanding any provisions in section

12  290.0055, Florida Statutes, regarding the size of an

13  enterprise zone, a county as defined in section 125.011(1),

14  Florida Statutes, may apply to the Office of Tourism, Trade,

15  and Economic Development before October 1, 2002, to amend the

16  boundary lines of its existing enterprise zone in order to add

17  an area not exceeding 4 square miles. The area proposed for

18  addition to the enterprise zone under this section must be

19  contiguous to a portion of the existing enterprise zone and

20  must be part of a revitalization area that has been targeted

21  for assistance by a commission authorized in section 163.06,

22  Florida Statutes. The Office of Tourism, Trade, and Economic

23  Development shall approve an amendment to the enterprise zone

24  boundary lines, effective January 1, 2003, provided that the

25  area proposed for addition to the enterprise zone is

26  consistent with the criteria and conditions imposed by section

27  290.0055, Florida Statutes, upon the establishment of

28  enterprise zones, including the requirement that the area

29  suffer from pervasive poverty, unemployment, and general

30  distress. The area proposed for addition to the enterprise

31  zone under this section may not include any property used for

                                  42

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  the benefit of a professional sports franchise. Any portion of

  2  the area designated under this section by the Office of

  3  Tourism, Trade, and Economic Development as an addition to an

  4  enterprise zone shall automatically lose its status as part of

  5  an enterprise zone if such portion subsequently includes

  6  property used for the benefit of a professional sports

  7  franchise.

  8         Section 11.  Sections of this act authorizing a county

  9  as defined in section 125.011(1), Florida Statutes, to amend

10  and expand the boundary lines of an existing enterprise zone

11  are not mutually exclusive.

12         Section 12.  Section 290.00686, Florida Statutes, is

13  created to read:

14         290.00686  Enterprise zone designation for Brevard

15  County, Cocoa, or Brevard County and Cocoa.--Brevard County,

16  the City of Cocoa, or Brevard County and the City of Cocoa

17  jointly, may apply to the Office of Tourism, Trade, and

18  Economic Development for designation of one enterprise zone

19  encompassing an area which includes the boundaries of the

20  three community redevelopment areas established pursuant to

21  part III of chapter 163. The application must be submitted by

22  December 31, 2002, and must comply with the requirements of

23  section 290.0055. Notwithstanding the provisions of section

24  290.0065 limiting the total number of enterprise zones

25  designated and the number of enterprise zones within a

26  population category, the Office of Tourism, Trade, and

27  Economic Development may designate one enterprise zone under

28  this section. The Office of Tourism, Trade, and Economic

29  Development shall establish the initial effective date of the

30  enterprise zone designated pursuant to this section.

31         Section 13.  Enterprise zone designation for the City

                                  43

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  of Pensacola.--The City of Pensacola may apply to the Office

  2  of Tourism, Trade, and Economic Development for designation of

  3  one enterprise zone within the city, which zone encompasses an

  4  area up to 10 contiguous square miles.  The application must

  5  be submitted by December 31, 2002, and must comply with the

  6  requirements of section 290.0055, Florida Statutes, except

  7  subsection (3) thereof. Notwithstanding the provisions of

  8  section 290.0065, Florida Statutes, limiting the total number

  9  of enterprise zones designated and the number of enterprise

10  zones within a population category, the Office of Tourism,

11  Trade, and Economic Development may designate one enterprise

12  zone under this section. The Office of Tourism, Trade, and

13  Economic Development shall establish the initial effective

14  date of the enterprise zone designated pursuant to this

15  section.

16         Section 14.  Enterprise zone designation for Leon

17  County.--Leon County, or Leon County and the City of

18  Tallahassee jointly, may apply to the Office of Tourism,

19  Trade, and Economic Development for designation of one

20  enterprise zone, the selected area of which shall not exceed

21  20 square miles and shall have a continuous boundary, or

22  consist of not more than three noncontiguous areas per section

23  290.0055(4)(a), Florida Statutes.  The enterprise zone shall

24  encompass an area or areas within the following Census tracts

25  for Leon County pursuant to the 1990 Census:

26

27  Census tract 1, block group 1;  census tract 2, block group 1;

28  census tract 2, block group 3;  census tract 2, block group 4;

29  census tract 3, block group 1; census tract 4, block group 1;

30  census tract 4, block group 2;  census tract 5, block group 1;

31  census tract 5, block group 2; census tract 6, block group 1;

                                  44

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  census tract 6, block group 2; census tract 6, block group 3;

  2  census tract 6, block group 4; census tract 7, block group 1;

  3  census tract 7, block group 2; census tract 7, block group 3;

  4  census tract 10.01, block group 1; census tract 10.01, block

  5  group 2; census tract 10.01, block group 3; census tract

  6  11.01, block group 1; census tract 11.01, block group 2;

  7  census tract 11.01, block group 3; census tract 11.02, block

  8  group 1; census tract 11.02, block group 3; census tract 12,

  9  block group 1; census tract 13, block group 1; census tract

10  13, block group 2; census tract 14, block group 1; census

11  tract 14, block group 2; census tract 14, block group 3;

12  census tract 14, block group 4; census tract 14, block group

13  5; census tract 15, block group 1; census tract 16.01, block

14  group 1; census tract 18, block group 3; census tract 18,

15  block group 4; census tract 19, block group 1; census tract

16  19, block group 3; census tract 19, block group 4; census

17  tract 20.01, block group 1; census tract 20.01, block group 2;

18  census tract 20.01, block group 3; census tract 20.01, block

19  group 4; census tract 20.01, block group 5; census tract

20  20.02, block group 1; census tract 20.02, block group 2;

21  census tract 20.02, block group 3; census tract 20.02, block

22  group 5; census tract 21, block group 1; census tract 21,

23  block group 3; census tract 21, block group 4; census tract

24  21, block group 5; census tract 21, block group 7; census

25  tract 22.01, block group 1; census tract 23.01, block group 3;

26  census tract 23.01, block group 5; census tract 26.02, block

27  group 4.

28

29  The application must be submitted by December 31, 2002, and

30  must comply with the requirements of section 290.0055, Florida

31  Statutes.  Notwithstanding the provisions of section 290.0065,

                                  45

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  Florida Statutes, limiting the total number of enterprise

  2  zones designated and the number of enterprise zones within a

  3  population category, the Office of Tourism, Trade, and

  4  Economic Development may designate one enterprise zone under

  5  this section. The Office of Tourism, Trade, and Economic

  6  Development shall establish the initial effective date of the

  7  enterprise zone designated pursuant to this section.

  8         Section 15.  Paragraph (j) of subsection (5) of section

  9  212.08, Florida Statutes, is amended to read:

10         212.08  Sales, rental, use, consumption, distribution,

11  and storage tax; specified exemptions.--The sale at retail,

12  the rental, the use, the consumption, the distribution, and

13  the storage to be used or consumed in this state of the

14  following are hereby specifically exempt from the tax imposed

15  by this chapter.

16         (5)  EXEMPTIONS; ACCOUNT OF USE.--

17         (j)  Machinery and equipment used in semiconductor,

18  defense, or space technology production and research and

19  development.--

20         1.a.  Industrial machinery and equipment used in

21  semiconductor technology facilities certified under

22  subparagraph 6. to manufacture, process, compound, or produce

23  semiconductor technology products for sale or for use by these

24  facilities are exempt from the tax imposed by this chapter.

25  For purposes of this paragraph, industrial machinery and

26  equipment includes molds, dies, machine tooling, other

27  appurtenances or accessories to machinery and equipment,

28  testing equipment, test beds, computers, and software, whether

29  purchased or self-fabricated, and, if self-fabricated,

30  includes materials and labor for design, fabrication, and

31  assembly.

                                  46

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1         b.  Industrial machinery and equipment used in defense

  2  or space technology facilities certified under subparagraph 6.

  3  to manufacture, process, compound, or produce defense

  4  technology products or space technology products for sale or

  5  for use by these facilities are exempt from 25 percent of the

  6  tax imposed by this chapter.

  7         2.a.  Machinery and equipment are exempt from the tax

  8  imposed by this chapter if used predominately in semiconductor

  9  wafer research and development activities in a semiconductor

10  technology research and development facility certified under

11  subparagraph 6. For purposes of this paragraph, machinery and

12  equipment includes molds, dies, machine tooling, other

13  appurtenances or accessories to machinery and equipment,

14  testing equipment, test beds, computers, and software, whether

15  purchased or self-fabricated, and, if self-fabricated,

16  includes materials and labor for design, fabrication, and

17  assembly.

18         b.  Machinery and equipment are exempt from 25 percent

19  of the tax imposed by this chapter if used predominately in

20  defense or space research and development activities in a

21  defense or space technology research and development facility

22  certified under subparagraph 6.

23         3.  Building materials purchased for use in

24  manufacturing or expanding clean rooms in

25  semiconductor-manufacturing facilities are exempt from the tax

26  imposed by this chapter.

27         4.  In addition to meeting the criteria mandated by

28  subparagraph 1., subparagraph 2., or subparagraph 3., a

29  business must be certified by the Office of Tourism, Trade,

30  and Economic Development as authorized in this paragraph in

31  order to qualify for exemption under this paragraph.

                                  47

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1         5.  For items purchased tax exempt pursuant to this

  2  paragraph, possession of a written certification from the

  3  purchaser, certifying the purchaser's entitlement to exemption

  4  pursuant to this paragraph, relieves the seller of the

  5  responsibility of collecting the tax on the sale of such

  6  items, and the department shall look solely to the purchaser

  7  for recovery of tax if it determines that the purchaser was

  8  not entitled to the exemption.

  9         6.a.  To be eligible to receive the exemption provided

10  by subparagraph 1., subparagraph 2., or subparagraph 3., a

11  qualifying business entity shall apply to Enterprise Florida,

12  Inc. The application shall be developed by the Office of

13  Tourism, Trade, and Economic Development in consultation with

14  Enterprise Florida, Inc.

15         b.  Enterprise Florida, Inc., shall review each

16  submitted application and information and determine whether or

17  not the application is complete within 5 working days. Once an

18  application is complete, Enterprise Florida, Inc., shall,

19  within 10 working days, evaluate the application and recommend

20  approval or disapproval of the application to the Office of

21  Tourism, Trade, and Economic Development.

22         c.  Upon receipt of the application and recommendation

23  from Enterprise Florida, Inc., the Office of Tourism, Trade,

24  and Economic Development shall certify within 5 working days

25  those applicants who are found to meet the requirements of

26  this section and notify the applicant, Enterprise Florida,

27  Inc., and the department of the certification. If the Office

28  of Tourism, Trade, and Economic Development finds that the

29  applicant does not meet the requirements of this section, it

30  shall notify the applicant and Enterprise Florida, Inc.,

31  within 10 working days that the application for certification

                                  48

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  has been denied and the reasons for denial. The Office of

  2  Tourism, Trade, and Economic Development has final approval

  3  authority for certification under this section.

  4         7.a.  A business may apply once each year for the

  5  exemption.

  6         b.  The application must indicate, for program

  7  evaluation purposes only, the average number of full-time

  8  equivalent employees at the facility over the preceding

  9  calendar year, the average wage and benefits paid to those

10  employees over the preceding calendar year, the total

11  investment made in real and tangible personal property over

12  the preceding calendar year, and the total value of tax-exempt

13  purchases and taxes exempted during the previous year. The

14  department shall assist the Office of Tourism, Trade, and

15  Economic Development in evaluating and verifying information

16  provided in the application for exemption.

17         c.  The Office of Tourism, Trade, and Economic

18  Development may use the information reported on the

19  application for evaluation purposes only and shall prepare an

20  annual report on the exemption program and its cost and

21  impact. The annual report for the preceding fiscal year shall

22  be submitted to the Governor, the President of the Senate, and

23  the Speaker of the House of Representatives by September 30 of

24  each fiscal year. This report may be submitted in conjunction

25  with the annual report required in s. 288.095(3)(c).

26         8.  A business certified to receive this exemption may

27  elect to designate one or more state universities or community

28  colleges as recipients of up to 100 percent of the amount of

29  the exemption for which they may qualify. To receive these

30  funds, the institution must agree to match the funds so earned

31  with equivalent cash, programs, services, or other in-kind

                                  49

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  support on a one-to-one basis in the pursuit of research and

  2  development projects as requested by the certified business.

  3  The rights to any patents, royalties, or real or intellectual

  4  property must be vested in the business unless otherwise

  5  agreed to by the business and the university or community

  6  college.

  7         9.  As used in this paragraph, the term:

  8         a.  "Predominately" means at least 50 percent of the

  9  time in qualifying research and development.

10         b.  "Research and development" means basic and applied

11  research in the science or engineering, as well as the design,

12  development, and testing of prototypes or processes of new or

13  improved products. Research and development does not include

14  market research, routine consumer product testing, sales

15  research, research in the social sciences or psychology,

16  nontechnological activities, or technical services.

17         c.  "Semiconductor technology products" means raw

18  semiconductor wafers or semiconductor thin films that are

19  transformed into semiconductor memory or logic wafers,

20  including wafers containing mixed memory and logic circuits;

21  related assembly and test operations; active-matrix flat panel

22  displays; semiconductor chips; semiconductor lasers;

23  optoelectronic elements; and related semiconductor technology

24  products as determined by the Office of Tourism, Trade, and

25  Economic Development.

26         d.  "Clean rooms" means manufacturing facilities

27  enclosed in a manner that meets the clean manufacturing

28  requirements necessary for high-technology

29  semiconductor-manufacturing environments.

30         e.  "Defense technology products" means products that

31  have a military application, including, but not limited to,

                                  50

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  weapons, weapons systems, guidance systems, surveillance

  2  systems, communications or information systems, munitions,

  3  aircraft, vessels, or boats, or components thereof, which are

  4  intended for military use and manufactured in performance of a

  5  contract with the United States Department of Defense or the

  6  military branch of a recognized foreign government or a

  7  subcontract thereunder which relates to matters of national

  8  defense.

  9         f.  "Space technology products" means products that are

10  specifically designed or manufactured for application in space

11  activities, including, but not limited to, space launch

12  vehicles, missiles, satellites or research payloads, avionics,

13  and associated control systems and processing systems. The

14  term does not include products that are designed or

15  manufactured for general commercial aviation or other uses

16  even though those products may also serve an incidental use in

17  space applications.

18         Section 16.  Subsection (7) of section 288.108, Florida

19  Statutes, is amended to read:

20         288.108  High-impact business.--

21         (7)  REPORTING.--The office shall by December 1 of each

22  year issue a complete and detailed report of all designated

23  high-impact sectors, all applications received and their

24  disposition, all final orders issued, and all payments made,

25  including analyses of benefits and costs, types of projects

26  supported, and employment and investments created. The report

27  shall be submitted to the Governor, the President of the

28  Senate, and the Speaker of the House of Representatives. The

29  report may be combined with the incentives report required in

30  s. 288.095.

31         Section 17.  Except as otherwise provided in this act,

                                  51

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  this act shall take effect upon becoming a law.

  2

  3

  4  ================ T I T L E   A M E N D M E N T ===============

  5  And the title is amended as follows:

  6  remove:  the entire title

  7

  8  and insert:

  9                      A bill to be entitled

10         An act relating to economic development;

11         providing exceptions; amending s. 288.0655,

12         F.S.; providing for additional uses of moneys

13         in the Rural Infrastructure Fund; amending s.

14         288.095, F.S.; revising terminology relating to

15         certain incentive payment schedules; revising

16         the due date and content for an annual report

17         on incentives and reassigning responsibility

18         for such report to Enterprise Florida, Inc.;

19         amending s. 288.1045, F.S.; revising

20         definitions; revising conditions and procedures

21         governing applications for tax refunds;

22         revising provisions relating to the order

23         authorizing a tax refund; revising the required

24         elements of a tax refund agreement; providing

25         an exemption from mandatory loss of tax refund

26         eligibility and decertification resulting from

27         agreement breach in cases of uncontrollable

28         economic factors; prescribing a deadline for

29         applying for tax refunds; authorizing the

30         office to grant extensions to certain

31         application and notification deadlines;

                                  52

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1         revising conditions under which a prorated tax

  2         refund will be approved; providing for

  3         calculation of such prorated refund; specifying

  4         that the section does not create a presumption

  5         a claim will be approved and paid; revising the

  6         agencies with which the office may verify

  7         information and to which the office may provide

  8         information; expanding purposes for which the

  9         office may seek assistance from certain

10         entities; specifying that certain

11         appropriations may not be used for any purpose

12         other than the payment of specified tax

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

14         the tax refund program for qualified target

15         industry businesses; revising requirements for

16         application for certification as such business

17         with respect to the number of current and new

18         jobs at the business and projections by the

19         Office of Tourism, Trade, and Economic

20         Development of refunds based thereon; revising

21         requirements relating to the tax refund

22         agreement with respect to job creation and the

23         time for filing of claims for refund; providing

24         for an exemption from mandatory loss of tax

25         refund eligibility and decertification

26         resulting from agreement breach in cases of

27         uncontrollable economic factors; revising

28         provisions relating to annual claims for

29         refund; authorizing an extension of time for

30         signing the tax refund agreement; providing an

31         application deadline; revising provisions

                                  53

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1         relating to the order authorizing a tax refund;

  2         revising conditions under which a prorated tax

  3         refund will be approved; providing for

  4         calculation of such prorated tax refund;

  5         specifying that the section does not create a

  6         presumption that a claim will be approved and

  7         paid; revising the agencies with which the

  8         office may verify information and to which the

  9         office may provide information; expanding

10         purposes for which the office may seek

11         assistance from certain entities; specifying

12         that certain appropriations may not be used for

13         any purpose other than the payment of specified

14         tax refunds; amending s. 213.053, F.S.;

15         authorizing the Department of Revenue to

16         provide certain information concerning

17         specified tax-refund programs with the Office

18         of Tourism, Trade, and Economic Development and

19         specified agents; providing a short title;

20         amending s. 125.0104, F.S.; providing that the

21         additional tax authorized for bonds for a

22         professional sports franchise facility, a

23         retained spring training franchise facility, or

24         a convention center, and for operation and

25         maintenance costs of a convention center, and

26         the additional tax authorized for bonds for

27         facilities for a new professional sports

28         franchise or a retained spring training

29         franchise, may also be used to promote and

30         advertise tourism; providing for earlier effect

31         and retroactive application of s. 197.1722,

                                  54

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1         F.S., relating to a limited waiver of certain

  2         mandatory charges and interest on certain real

  3         property taxes; authorizing certain counties to

  4         apply for amendment of enterprise zone boundary

  5         lines; providing deadlines; prescribing

  6         conditions applicable to the areas proposed for

  7         addition to the enterprise zones; directing the

  8         Office of Tourism, Trade, and Economic

  9         Development to approve such amendments under

10         certain conditions; providing for application

11         of this act; creating s. 290.00686, F.S.;

12         authorizing the Office of Tourism, Trade, and

13         Economic Development to designate an enterprise

14         zone in Brevard County; providing requirements

15         with respect thereto; authorizing the City of

16         Pensacola to apply to the Office of Tourism,

17         Trade, and Economic Development to designate an

18         enterprise zone in the City of Pensacola;

19         authorizing the office to designate one

20         enterprise zone in the City of Pensacola;

21         providing requirements with respect thereto;

22         authorizing Leon County, or Leon County and the

23         City of Tallahassee jointly, to apply to the

24         Office of Tourism, Trade, and Economic

25         Development to designate an enterprise zone in

26         Leon County; authorizing the office to

27         designate one enterprise zone notwithstanding

28         certain limitations; providing requirements

29         with respect thereto; amending ss. 212.08 and

30         288.108, F.S.; removing references, to conform;

31         providing effective dates.

                                  55

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545




                                                   HOUSE AMENDMENT

                                         Bill No. HB 743, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1

  2         WHEREAS, the Legislature has identified a crisis in the

  3  economy which compels the Legislature to take a broad and

  4  comprehensive approach to economic development, addressing its

  5  many facets, including both economic stimulus and the state's

  6  tax policy, and

  7         WHEREAS, the Legislature recognizes the obvious natural

  8  and logical connection between economic development and the

  9  distribution of the tax burden among the diverse segments of

10  the economy, and

11         WHEREAS, the Legislature seeks by this legislation to

12  accomplish goals that are not separate or disassociated

13  objects of legislative effort, but that are integrated and

14  dependent elements of a comprehensive approach to a rational

15  economic policy that will fairly and equitably promote

16  economic development throughout the diverse segments of the

17  economy, and

18         WHEREAS, the Legislature, as part of this comprehensive

19  approach to a rational economic policy, seeks to create a

20  process by which the Legislature will periodically review, on

21  an orderly schedule, the array of tax exemptions and identify

22  those that serve as a widespread stimulus to the economy and

23  those that hamper economic development by unfairly

24  distributing the tax burden or giving an undue competitive

25  advantage to a business over others similarly situated, NOW,

26  THEREFORE,

27

28

29

30

31

                                  56

    File original & 9 copies    03/22/02
    hbd0001                     08:36 pm         00743-0007-063545