Senate Bill sb2252

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 2252

    By Senator Miller





    18-794-03                                           See HB 809

  1                      A bill to be entitled

  2         An act relating to economic stimulus; amending

  3         s. 212.052, F.S.; exempting machinery and

  4         equipment used predominantly for research and

  5         development; amending s. 212.08, F.S.; revising

  6         sales price criteria for characterizing

  7         business property; amending s. 212.097, F.S.;

  8         revising provisions providing for an urban job

  9         tax credit program to apply to designated urban

10         job tax credit areas rather than high crime

11         areas; revising definitions, eligibility

12         criteria, application procedures and

13         requirements, and area characteristics and

14         criteria; authorizing transfer of unused

15         credits; specifying use of transferred credits;

16         amending s. 220.191, F.S.; revising

17         definitions; amending s. 288.9515, F.S.;

18         revising and clarifying powers of Enterprise

19         Florida, Inc., to develop authorized technology

20         development programs; deleting a preference

21         requirement for contractor selections;

22         clarifying a requirement for capitalization of

23         a technology development financing fund;

24         revising criteria and requirements for

25         investment of moneys in the Florida Technology

26         Research Investment Fund; providing for payment

27         of claims against the program from the fund;

28         specifying nonapplication of state credit or

29         taxing power; specifying absence of state

30         liability for certain claims; repealing s.

31         288.9517, F.S., relating to audits of the

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    Florida Senate - 2003                                  SB 2252
    18-794-03                                           See HB 809




 1         technology development board and

 2         confidentiality of the identity of certain

 3         contributors to the board; providing an

 4         effective date.

 5  

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

 7  

 8         Section 1.  Subsection (2) of section 212.052, Florida

 9  Statutes, is amended, subsections (3), (4), and (5) of that

10  section are renumbered as subsections (4), (5), and (6),

11  respectively, and a new subsection (3) is added to that

12  section, to read:

13         212.052  Research or development costs; exemption.--

14         (2)  Notwithstanding any provision of this chapter to

15  the contrary, any person, including an affiliated group as

16  defined in s. 1504 of the Internal Revenue Code of 1954, as

17  amended, who manufactures, produces, compounds, processes, or

18  fabricates in any manner tangible personal property for such

19  taxpayer's own use directly and solely in research or

20  development shall not be subject to the tax imposed by this

21  chapter upon the cost of the product so manufactured,

22  produced, compounded, processed, or fabricated. However, the

23  tax imposed by this chapter shall be due on the purchase,

24  rental, or repair of real property or tangible personal

25  property employed in research or development which is subject

26  to the tax imposed by this chapter at the time of purchase or

27  rental.

28         (3)(a)  Machinery and equipment are exempt from the tax

29  imposed by this chapter if used predominantly for research and

30  development activities. For purposes of this subsection, the

31  term "machinery and equipment" includes molds, dies, machine

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    Florida Senate - 2003                                  SB 2252
    18-794-03                                           See HB 809




 1  tooling, other appurtenances or accessories to machinery and

 2  equipment, testing equipment, test beds, computers, and

 3  software, whether purchased or self-fabricated, and, if

 4  self-fabricated, includes materials and labor for design,

 5  fabrication, and assembly.

 6         (b)  A business certified to receive this exemption may

 7  elect to designate one or more state universities or community

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

 9  the exemption for which it may qualify. To receive these

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

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

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

13  development projects as requested by the certified business.

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

15  property must be vested in the business unless otherwise

16  agreed to by the business and the university or community

17  college.

18         Section 2.  Paragraph (h) of subsection (5) of section

19  212.08, Florida Statutes, is amended to read:

20         212.08  Sales, rental, use, consumption, distribution,

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

22  the rental, the use, the consumption, the distribution, and

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

24  following are hereby specifically exempt from the tax imposed

25  by this chapter.

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

27         (h)  Business property used in an enterprise zone.--

28         1.  Business property purchased for use by businesses

29  located in an enterprise zone which is subsequently used in an

30  enterprise zone shall be exempt from the tax imposed by this

31  chapter. This exemption inures to the business only through a

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    Florida Senate - 2003                                  SB 2252
    18-794-03                                           See HB 809




 1  refund of previously paid taxes. A refund shall be authorized

 2  upon an affirmative showing by the taxpayer to the

 3  satisfaction of the department that the requirements of this

 4  paragraph have been met.

 5         2.  To receive a refund, the business must file under

 6  oath with the governing body or enterprise zone development

 7  agency having jurisdiction over the enterprise zone where the

 8  business is located, as applicable, an application which

 9  includes:

10         a.  The name and address of the business claiming the

11  refund.

12         b.  The identifying number assigned pursuant to s.

13  290.0065 to the enterprise zone in which the business is

14  located.

15         c.  A specific description of the property for which a

16  refund is sought, including its serial number or other

17  permanent identification number.

18         d.  The location of the property.

19         e.  The sales invoice or other proof of purchase of the

20  property, showing the amount of sales tax paid, the date of

21  purchase, and the name and address of the sales tax dealer

22  from whom the property was purchased.

23         f.  Whether the business is a small business as defined

24  by s. 288.703(1).

25         g.  If applicable, the name and address of each

26  permanent employee of the business, including, for each

27  employee who is a resident of an enterprise zone, the

28  identifying number assigned pursuant to s. 290.0065 to the

29  enterprise zone in which the employee resides.

30         3.  Within 10 working days after receipt of an

31  application, the governing body or enterprise zone development

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    Florida Senate - 2003                                  SB 2252
    18-794-03                                           See HB 809




 1  agency shall review the application to determine if it

 2  contains all the information required pursuant to subparagraph

 3  2. and meets the criteria set out in this paragraph. The

 4  governing body or agency shall certify all applications that

 5  contain the information required pursuant to subparagraph 2.

 6  and meet the criteria set out in this paragraph as eligible to

 7  receive a refund. If applicable, the governing body or agency

 8  shall also certify if 20 percent of the employees of the

 9  business are residents of an enterprise zone, excluding

10  temporary and part-time employees. The certification shall be

11  in writing, and a copy of the certification shall be

12  transmitted to the executive director of the Department of

13  Revenue. The business shall be responsible for forwarding a

14  certified application to the department within the time

15  specified in subparagraph 4.

16         4.  An application for a refund pursuant to this

17  paragraph must be submitted to the department within 6 months

18  after the tax is due on the business property that is

19  purchased.

20         5.  The provisions of s. 212.095 do not apply to any

21  refund application made pursuant to this paragraph. The amount

22  refunded on purchases of business property under this

23  paragraph shall be the lesser of 97 percent of the sales tax

24  paid on such business property or $5,000, or, if no less than

25  20 percent of the employees of the business are residents of

26  an enterprise zone, excluding temporary and part-time

27  employees, the amount refunded on purchases of business

28  property under this paragraph shall be the lesser of 97

29  percent of the sales tax paid on such business property or

30  $10,000. A refund approved pursuant to this paragraph shall be

31  made within 30 days of formal approval by the department of

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    Florida Senate - 2003                                  SB 2252
    18-794-03                                           See HB 809




 1  the application for the refund. No refund shall be granted

 2  under this paragraph unless the amount to be refunded exceeds

 3  $100 in sales tax paid on purchases made within a 60-day time

 4  period.

 5         6.  The department shall adopt rules governing the

 6  manner and form of refund applications and may establish

 7  guidelines as to the requisites for an affirmative showing of

 8  qualification for exemption under this paragraph.

 9         7.  If the department determines that the business

10  property is used outside an enterprise zone within 3 years

11  from the date of purchase, the amount of taxes refunded to the

12  business purchasing such business property shall immediately

13  be due and payable to the department by the business, together

14  with the appropriate interest and penalty, computed from the

15  date of purchase, in the manner provided by this chapter.

16  Notwithstanding this subparagraph, business property used

17  exclusively in:

18         a.  Licensed commercial fishing vessels,

19         b.  Fishing guide boats, or

20         c.  Ecotourism guide boats

21  

22  that leave and return to a fixed location within an area

23  designated under s. 370.28 are eligible for the exemption

24  provided under this paragraph if all requirements of this

25  paragraph are met. Such vessels and boats must be owned by a

26  business that is eligible to receive the exemption provided

27  under this paragraph. This exemption does not apply to the

28  purchase of a vessel or boat.

29         8.  The department shall deduct an amount equal to 10

30  percent of each refund granted under the provisions of this

31  paragraph from the amount transferred into the Local

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    Florida Senate - 2003                                  SB 2252
    18-794-03                                           See HB 809




 1  Government Half-cent Sales Tax Clearing Trust Fund pursuant to

 2  s. 212.20 for the county area in which the business property

 3  is located and shall transfer that amount to the General

 4  Revenue Fund.

 5         9.  For the purposes of this exemption, "business

 6  property" means new or used property defined as "recovery

 7  property" in s. 168(c) of the Internal Revenue Code of 1954,

 8  as amended, except:

 9         a.  Property classified as 3-year property under s.

10  168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;

11         b.  Industrial machinery and equipment as defined in

12  sub-subparagraph (b)6.a. and eligible for exemption under

13  paragraph (b);

14         c.  Building materials as defined in sub-subparagraph

15  (g)8.a.; and

16         d.  Business property having a sales price of under

17  $500 $5,000 per unit.

18         10.  The provisions of this paragraph shall expire and

19  be void on December 31, 2005.

20         Section 3.  Section 212.097, Florida Statutes, is

21  amended to read:

22         212.097  Designated Urban High-Crime Area Job Tax

23  Credit Area Program.--

24         (1)  As used in this section, the term:

25         (a)  "Eligible business" means any sole proprietorship,

26  firm, partnership, or corporation that is located in a

27  designated urban job tax credit area qualified county and is

28  predominantly engaged in, or is headquarters for a business

29  predominantly engaged in, activities usually provided for

30  consideration by firms classified within the following

31  standard industrial classifications: SIC 01-SIC 09

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    Florida Senate - 2003                                  SB 2252
    18-794-03                                           See HB 809




 1  (agriculture, forestry, and fishing); SIC 20-SIC 39

 2  (manufacturing); SIC 52-SIC 57 and SIC 59 (retail); SIC 422

 3  (public warehousing and storage); SIC 70 (hotels and other

 4  lodging places); SIC 7391 (research and development); SIC 781

 5  (motion picture production and allied services); SIC 7992

 6  (public golf courses); and SIC 7996 (amusement parks); and a

 7  targeted industry eligible for the qualified target industry

 8  business tax refund under s. 288.106. A call center or similar

 9  customer service operation that services a multistate market

10  or international market is also an eligible business. In

11  addition, the Office of Tourism, Trade, and Economic

12  Development may, as part of its final budget request submitted

13  pursuant to s. 216.023, recommend additions to or deletions

14  from the list of standard industrial classifications used to

15  determine an eligible business, and the Legislature may

16  implement such recommendations. Excluded from eligible

17  receipts are receipts from retail sales, except such receipts

18  for SIC 52-SIC 57 and SIC 59 (retail) hotels and other lodging

19  places classified in SIC 70, public golf courses in SIC 7992,

20  and amusement parks in SIC 7996. For purposes of this

21  paragraph, the term "predominantly" means that more than 50

22  percent of the business's gross receipts from all sources is

23  generated by those activities usually provided for

24  consideration by firms in the specified standard industrial

25  classification. The determination of whether the business is

26  located in a designated urban job tax credit qualified

27  high-crime area and the tier ranking of that area must be

28  based on the date of application for the credit under this

29  section. Commonly owned and controlled entities are to be

30  considered a single business entity.

31  

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    Florida Senate - 2003                                  SB 2252
    18-794-03                                           See HB 809




 1         (b)  "Qualified employee" means any employee of an

 2  eligible business who performs duties in connection with the

 3  operations of the business on a regular, full-time basis for

 4  an average of at least 36 hours per week for at least 3 months

 5  within the designated urban job tax credit qualified

 6  high-crime area in which the eligible business is located. An

 7  owner or partner of the eligible business is not a qualified

 8  employee. The term also includes an employee leased from an

 9  employee leasing company licensed under chapter 468, if such

10  employee has been continuously leased to the employer for an

11  average of at least 36 hours per week for more than 6 months.

12         (c)  "New business" means any eligible business first

13  beginning operation on a site in a designated urban job tax

14  credit qualified high-crime area and clearly separate from any

15  other commercial or business operation of the business entity

16  within a designated urban job tax credit qualified high-crime

17  area. A business entity that operated an eligible business

18  within a designated urban job tax credit qualified high-crime

19  area within the 48 months before the period provided for

20  application by subsection (2) is not considered a new

21  business.

22         (d)  "Existing business" means any eligible business

23  that does not meet the criteria for a new business.

24         (e)  "Designated urban job tax credit Qualified

25  high-crime area" means an area selected by the Office of

26  Tourism, Trade, and Economic Development in the following

27  manner: every third year, the office shall rank and tier those

28  areas nominated under subsection (7), according to the highest

29  level of distress experienced in the categories enumerated

30  under subsection (7). The Office of Tourism, Trade, and

31  Economic Development shall designate the 30 highest distress

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    Florida Senate - 2003                                  SB 2252
    18-794-03                                           See HB 809




 1  profile urban areas as eligible participants under the urban

 2  job tax credit program following prioritized criteria:

 3         1.  Highest arrest rates within the geographic area for

 4  violent crime and for such other crimes as drug sale, drug

 5  possession, prostitution, vandalism, and civil disturbances;

 6         2.  Highest reported crime volume and rate of specific

 7  property crimes such as business and residential burglary,

 8  motor vehicle theft, and vandalism;

 9         3.  Highest percentage of reported index crimes that

10  are violent in nature;

11         4.  Highest overall index crime volume for the area;

12  and

13         5.  Highest overall index crime rate for the geographic

14  area.

15  

16  Tier-one areas are ranked 1 through 5 and represent the

17  highest crime areas according to this ranking. Tier-two areas

18  are ranked 6 through 10 according to this ranking. Tier-three

19  areas are ranked 11 through 15. Notwithstanding this

20  definition, "designated urban job tax credit qualified

21  high-crime area" also means an area that has been designated

22  as a federal Empowerment Zone pursuant to the Taxpayer Relief

23  Act of 1997. Such a designated area is ranked in tier three

24  until the areas are reevaluated by the Office of Tourism,

25  Trade, and Economic Development.

26         (2)  A new eligible business may apply for a tax credit

27  under this subsection once at any time during its first year

28  of operation. A new eligible business in a designated urban

29  job tax credit tier-one qualified high-crime area which has at

30  least 10 qualified employees on the date of application shall

31  receive a $1,500 tax credit for each such employee. A new

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    Florida Senate - 2003                                  SB 2252
    18-794-03                                           See HB 809




 1  eligible business in a tier-two qualified high-crime area

 2  which has at least 20 qualified employees on the date of

 3  application shall receive a $1,000 tax credit for each such

 4  employee. A new eligible business in a tier-three qualified

 5  high-crime area which has at least 30 qualified employees on

 6  the date of application shall receive a $500 tax credit for

 7  each such employee.

 8         (3)  An existing eligible business may apply for a tax

 9  credit under this subsection at any time it is entitled to

10  such credit, except as restricted by this subsection. An

11  existing eligible business in a designated urban job tax

12  credit tier-one qualified high-crime area which on the date of

13  application has at least 10 5 more qualified employees than it

14  had 1 year prior to its date of application shall receive a

15  $1,500 tax credit for each such additional employee. An

16  existing eligible business in a tier-two qualified high-crime

17  area which on the date of application has at least 10 more

18  qualified employees than it had 1 year prior to its date of

19  application shall receive a $1,000 credit for each such

20  additional employee. An existing business in a tier-three

21  qualified high-crime area which on the date of application has

22  at least 15 more qualified employees than it had 1 year prior

23  to its date of application shall receive a $500 tax credit for

24  each such additional employee. An existing eligible business

25  may apply for the credit under this subsection no more than

26  once in any 12-month period. Any existing eligible business

27  that received a credit under subsection (2) may not apply for

28  the credit under this subsection sooner than 12 months after

29  the application date for the credit under subsection (2).

30         (4)  For any new eligible business receiving a credit

31  pursuant to subsection (2), an additional $500 credit shall be

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    Florida Senate - 2003                                  SB 2252
    18-794-03                                           See HB 809




 1  provided for any qualified employee who is a welfare

 2  transition program participant. For any existing eligible

 3  business receiving a credit pursuant to subsection (3), an

 4  additional $500 credit shall be provided for any qualified

 5  employee who is a welfare transition program participant. Such

 6  employee must be employed on the application date and have

 7  been employed less than 1 year. This credit shall be in

 8  addition to other credits pursuant to this section regardless

 9  of the tier-level of the high-crime area. Appropriate

10  documentation concerning the eligibility of an employee for

11  this credit must be submitted as determined by the department.

12         (5)  To be eligible for a tax credit under subsection

13  (3), the number of qualified employees employed 1 year prior

14  to the application date must be no lower than the number of

15  qualified employees on the application date on which a credit

16  under this section was based for any previous application,

17  including an application under subsection (2).

18         (6)  Any county or municipality, or a county and one or

19  more municipalities together, may apply to the Office of

20  Tourism, Trade, and Economic Development for the designation

21  of an area as a designated urban job tax credit high-crime

22  area after the adoption by the governing body or bodies of a

23  resolution that:

24         (a)  Finds that an urban a high-crime area exists in

25  such county or municipality, or in both the county and one or

26  more municipalities, which chronically exhibits extreme and

27  unacceptable levels of poverty, unemployment, physical

28  deterioration, and economic disinvestment;

29         (b)  Determines that the rehabilitation, conservation,

30  or redevelopment, or a combination thereof, of such an urban a

31  high-crime area is necessary in the interest of the health,

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    Florida Senate - 2003                                  SB 2252
    18-794-03                                           See HB 809




 1  safety, and welfare of the residents of such county or

 2  municipality, or such county and one or more municipalities;

 3  and

 4         (c)  Determines that the revitalization of such an

 5  urban a high-crime area can occur if the public sector or

 6  private sector can be induced to invest its own resources in

 7  productive enterprises that build or rebuild the economic

 8  viability of the area.

 9         (7)  The governing body of the entity nominating the

10  area shall demonstrate provide to the Office of Tourism,

11  Trade, and Economic Development that the area meets the

12  following:

13         (a)  Income characteristics:

14         1.  Forty percent of area residents earn at or below

15  minimum wage; or

16         2.  More than 20 percent of residents or families live

17  below the federal standard of poverty for individuals or a

18  family of four. The overall index crime rate for the

19  geographic area;

20         (b)  Education characteristics:

21         1.  Has a high school dropout rate higher than the

22  county average; or

23         2.  Has a high school graduation rate lower than the

24  state average. The overall index crime volume for the area;

25         (c)  Workforce and employment characteristics:

26         1.  Has an unemployment rate at least 3 percentage

27  points higher than the state's unemployment rate;

28         2.  Greater than 50 percent of families subject to the

29  welfare-to-work transition time limit are either within 6

30  months of the time limit or are receiving cash assistance

31  under a period of hardship extension to the time limit; or

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    Florida Senate - 2003                                  SB 2252
    18-794-03                                           See HB 809




 1         3.  Is identified as a labor surplus area using the

 2  criteria established by the United States Department of

 3  Labor's Employment and Training Administration. The percentage

 4  of reported index crimes that are violent in nature;

 5         (d)  Crime characteristics:

 6         1.  Has an arrest rate higher than the state's average

 7  rate for such crimes as drug sale, drug possession,

 8  prostitution, vandalism, and civil disturbances, as recorded

 9  by total crime index of the Department of Law Enforcement; or

10         2.  Ranks in the top 30 percent of zip codes with

11  reported crimes that are violent in nature. The reported crime

12  volume and rate of specific property crimes such as business

13  and residential burglary, motor vehicle theft, and vandalism;

14  and

15         (e)  Residential and commercial property related

16  characteristics:

17         1.  Fifty percent or more of area residents rent;

18         2.a.  Property values are within the lower 50 percent

19  of the county's assessed property values;

20         b.  More than 5 percent of area homes, apartments, or

21  buildings are abandoned, have been condemned within the

22  previous 24 months, or have a greater number of violations of

23  the Florida Building Code than recorded in the remainder of

24  the county or municipality; or

25         c.  Tax or special assessment delinquencies which

26  exceed the fair value of the land. The arrest rates within the

27  geographic area for violent crime and for such other crimes as

28  drug sale, drug possession, prostitution, disorderly conduct,

29  vandalism, and other public-order offenses.

30         (8)  A municipality, or a county and one or more

31  municipalities together, may not nominate more than one urban

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    Florida Senate - 2003                                  SB 2252
    18-794-03                                           See HB 809




 1  high-crime area. However, any county as defined by s.

 2  125.011(1) may nominate no more than three urban high-crime

 3  areas.

 4         (9)(a)  An area nominated by a county or municipality,

 5  or a county and one or more municipalities together, for

 6  designation as an urban job tax credit a high-crime area shall

 7  be eligible only if it meets the following criteria:

 8         1.(a)  The selected area does not exceed 20 square

 9  miles and either has a continuous boundary or consists of not

10  more than three noncontiguous parcels.;

11         2.(b)  The selected area does not exceed the following

12  mileage limitation:

13         a.1.  For areas communities having a total population

14  of 150,000 persons or more, the selected area does not exceed

15  20 square miles and is within 10 miles of the central business

16  district of a city.

17         b.2.  For areas communities having a total population

18  of 50,000 persons or more, but fewer than 150,000 persons, the

19  selected area does not exceed 10 square miles and is within

20  7.5 miles of the central business district of a city.

21         c.3.  For areas communities having a total population

22  of 20,000 persons or more, but fewer than 50,000 persons, the

23  selected area does not exceed 5 square miles and is within 5

24  miles of the central business district of a city.

25         d.4.  For areas communities having a total population

26  of fewer than 20,000 persons, the selected area does not

27  exceed 3 square miles and is within 3 miles of the central

28  business district of a city.

29         (b)  A designated urban core or inner city may not

30  include any portion of a central business district, as that

31  term is used for purposes of the most recent Census of Retail

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    Florida Senate - 2003                                  SB 2252
    18-794-03                                           See HB 809




 1  Trade, unless the poverty rate for each census geographic

 2  block group in the district is not less than 30 percent.

 3         (10)(a)  In order to claim this credit, an eligible

 4  business must file under oath with the Office of Tourism,

 5  Trade, and Economic Development a statement that includes the

 6  name and address of the eligible business and any other

 7  information that is required to process the application.

 8         (b)  Within 30 working days after receipt of an

 9  application for credit, the Office of Tourism, Trade, and

10  Economic Development shall review the application to determine

11  whether it contains all the information required by this

12  subsection and meets the criteria set out in this section.

13  Subject to the provisions of paragraph (c), the Office of

14  Tourism, Trade, and Economic Development shall approve all

15  applications that contain the information required by this

16  subsection and meet the criteria set out in this section as

17  eligible to receive a credit.

18         (c)  The maximum credit amount that may be approved

19  during any calendar year is $5 million, of which $1 million

20  shall be exclusively reserved for tier-one areas. The

21  Department of Revenue, in conjunction with the Office of

22  Tourism, Trade, and Economic Development, shall notify the

23  governing bodies in areas designated under this section as

24  urban high-crime areas when the $5 million maximum amount has

25  been reached. Applications must be considered for approval in

26  the order in which they are received without regard to whether

27  the credit is for a new or existing business. This limitation

28  applies to the value of the credit as contained in approved

29  applications. Approved credits may be taken in the time and

30  manner allowed pursuant to this section.

31  

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    Florida Senate - 2003                                  SB 2252
    18-794-03                                           See HB 809




 1         (11)  If the application is insufficient to support the

 2  credit authorized in this section, the Office of Tourism,

 3  Trade, and Economic Development shall deny the credit and

 4  notify the business of that fact. The business may reapply for

 5  this credit within 3 months after such notification.

 6         (12)  If the credit under this section is greater than

 7  can be taken on a single tax return, excess amounts may be

 8  taken as credits on any tax return submitted within 12 months

 9  after the approval of the application by the department.

10         (13)  It is the responsibility of each business to

11  affirmatively demonstrate to the satisfaction of the

12  Department of Revenue that it meets the requirements of this

13  section.

14         (14)  Any person who fraudulently claims this credit is

15  liable for repayment of the credit plus a mandatory penalty of

16  100 percent of the credit and is guilty of a misdemeanor of

17  the second degree, punishable as provided in s. 775.082 or s.

18  775.083.

19         (15)  A corporation may take the credit under this

20  section against its corporate income tax liability, as

21  provided in s. 220.1895. However, a corporation that applies

22  its job tax credit against the tax imposed by chapter 220 may

23  not receive the credit provided for in this section. A credit

24  may be taken against only one tax.

25         (16)  A corporation may transfer any unused credit in

26  whole or in units of no less than 25 percent of the remaining

27  credit. The entity acquiring such credit may use it in the

28  same manner and with the same limitation as described in this

29  section. Such transferred credits may not be transferred again

30  although they may succeed to a surviving or acquiring entity

31  

                                  17

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    Florida Senate - 2003                                  SB 2252
    18-794-03                                           See HB 809




 1  subject to the same conditions and limitations described in

 2  this section.

 3         (17)(16)  The department shall adopt rules governing

 4  the manner and form of applications for credit or transfers of

 5  credit and may establish guidelines concerning the requisites

 6  for an affirmative showing of qualification for the credit

 7  under this section.

 8         Section 4.  Paragraphs (e) and (h) of subsection (1) of

 9  section 220.191, Florida Statutes, are amended to read:

10         220.191  Capital investment tax credit.--

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

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

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

14  Workforce Innovation Department of Labor and Employment

15  Security and the United States Department of Labor for

16  purposes of unemployment tax administration and employment

17  estimation, resulting directly from a project in this state.

18  Such term does not include temporary construction jobs

19  involved in the construction of the project facility.

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

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

22  this state and is otherwise eligible for certification by the

23  office as a qualified target industry business pursuant to s.

24  288.106 in one of the high-impact sectors identified by

25  Enterprise Florida, Inc., and certified by the office pursuant

26  to s. 288.108(6), including, but not limited to, aviation,

27  aerospace, automotive, and silicon technology industries.

28         Section 5.  Section 288.9515, Florida Statutes, is

29  amended to read:

30         288.9515  Authorized technology development programs.--

31  

                                  18

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    Florida Senate - 2003                                  SB 2252
    18-794-03                                           See HB 809




 1         (1)  Enterprise Florida, Inc., may create technology

 2  development and applications services, and may serve as an

 3  umbrella organization for the coordination of information that

 4  provides technology applications service providers throughout

 5  the state which provide critical, managerial, technological,

 6  scientific, and related financial and business expertise

 7  essential for international and domestic competitiveness to

 8  small-sized and medium-sized manufacturing and knowledge-based

 9  service firms. Enterprise Florida, Inc., is authorized the

10  following powers in order to carry out these functions:

11         (a)  Providing communication and coordination services

12  among technology development and applications service

13  providers throughout the state.

14         (b)  Providing coordinated marketing services to

15  small-sized and medium-sized manufacturers in the state on

16  behalf of, and in partnership with, technology applications

17  service providers.

18         (b)(c)  Securing additional sources of funds on behalf

19  of, and in partnership with, technology-based businesses

20  technology applications service providers.

21         (c)(d)  Developing plans and policies to assist

22  small-sized and medium-sized manufacturing companies or other

23  knowledge-based firms in Florida.

24         (e)  Entering into contracts with technology

25  applications service providers for expanded availability of

26  high-quality assistance to small-sized and medium-sized

27  manufacturing companies or knowledge-based service firms,

28  including, but not limited to, technological, human resources

29  development, market planning, finance, and interfirm

30  collaboration. Enterprise Florida, Inc., shall ensure that all

31  contracts in excess of $20,000 for the delivery of such

                                  19

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    Florida Senate - 2003                                  SB 2252
    18-794-03                                           See HB 809




 1  assistance to Florida firms shall be based on competitive

 2  requests for proposals and shall establish clear standards for

 3  the delivery of services under such contracts. Such standards

 4  include, but are not limited to:

 5         1.  The ability and capacity to deliver services in

 6  sufficient quality and quantity.

 7         2.  The ability and capacity to deliver services in a

 8  timely manner.

 9         3.  The ability and capacity to meet the needs of firms

10  in the proposed market area.

11         (d)(f)  Assisting other educational institutions,

12  enterprises, or the entities providing business assistance to

13  small-sized and medium-sized manufacturing and knowledge-based

14  services enterprises.

15         (g)  Establishing a system to evaluate the

16  effectiveness and efficiency of technology applications

17  services provided to small-sized and medium-sized enterprises.

18         (e)(h)  Establishing special education and

19  informational programs for Florida enterprises and for

20  educational institutions and enterprises providing business

21  assistance to Florida enterprises.

22         (f)(i)  Assisting in evaluating and documenting the

23  needs of firms in this state for technology development and

24  application services, and developing means to ensure that

25  these needs are met, consistent with the powers provided for

26  in this subsection.

27         (g)(j)  Maintaining an office in such place or places

28  as the board of directors of Enterprise Florida, Inc.,

29  approves.

30         (h)(k)  Making and executing contracts with any person,

31  enterprise, educational institution, association, or any other

                                  20

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    Florida Senate - 2003                                  SB 2252
    18-794-03                                           See HB 809




 1  entity necessary or convenient for the performance of its

 2  duties and the exercise of the powers and functions of

 3  Enterprise Florida, Inc., under this subsection.

 4         (i)(l)  Receiving funds from any source to carry out

 5  the purposes of providing technology development and

 6  applications services, including, but not limited to, gifts or

 7  grants from any department, agency, or instrumentality of the

 8  United States or of the state, or any enterprise or person,

 9  for any purpose consistent with the provisions of this

10  subsection.

11         (2)  When choosing contractors under this section,

12  preference shall be given to existing institutions,

13  organizations, and enterprises so long as these existing

14  institutions, organizations, and enterprises demonstrate the

15  ability to perform at standards established by Enterprise

16  Florida, Inc., under paragraph (1)(e). Neither the provisions

17  of ss. 288.9511-288.9517 nor the actions taken by Enterprise

18  Florida, Inc., under this section shall impair or hinder the

19  operations, performance, or resources of any existing

20  institution, organization, or enterprise.

21         (3)  Enterprise Florida, Inc., may create a technology

22  development financing fund, to be called the Florida

23  Technology Research Investment Fund. The fund shall increase

24  technology development in this state by investing in

25  technology development projects that have the potential to

26  generate investment-grade technologies of importance to the

27  state's economy as evidenced by the willingness of private

28  businesses to coinvest in such projects. Enterprise Florida,

29  Inc., may also demonstrate and develop effective approaches

30  to, and benefits of, commercially oriented research

31  collaborations between businesses, universities, and state and

                                  21

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    Florida Senate - 2003                                  SB 2252
    18-794-03                                           See HB 809




 1  federal agencies and organizations. Enterprise Florida, Inc.,

 2  shall endeavor to maintain the fund as a self-supporting fund

 3  once the fund is sufficiently capitalized pursuant to

 4  Enterprise Florida, Inc., program guidelines as reflected in

 5  the minimum funding report required in s. 288.9516. The

 6  technology research investment projects may include, but are

 7  not limited to:

 8         (a)  Technology development projects expected to lead

 9  to a specific investment-grade technology that is of

10  importance to industry in this state.

11         (b)  Technology development centers and facilities

12  expected to generate a stream of products and processes with

13  commercial application of importance to industry in this

14  state.

15         (c)  Technology development projects that have, or are

16  currently using, other federal or state funds such as federal

17  Small Business Innovation Research awards.

18         (4)  Enterprise Florida, Inc., shall invest moneys

19  contained in the Florida Technology Research Investment Fund

20  in technology application research or for technology

21  development projects that have the potential for commercial

22  market application. The partnership shall coordinate any

23  investment in any space-related technology projects with the

24  Florida Space Authority and the Technological Research and

25  Development Authority.

26         (a)  The investment of moneys contained in the Florida

27  Technology Research Investment Fund is limited to qualified

28  investments in qualified securities in which a private

29  enterprise in this state coinvests at least 40 percent of the

30  total project costs, in conjunction with other cash or noncash

31  

                                  22

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    Florida Senate - 2003                                  SB 2252
    18-794-03                                           See HB 809




 1  investments from state educational institutions, state and

 2  federal agencies, or other institutions.

 3         (b)  All moneys in the small business technology growth

 4  account, established as provided in s. 288.95155 for purposes

 5  of the Florida Small Business Technology Growth Program, shall

 6  be continuously appropriated to the account and may be used

 7  for loan guarantees, letter of credit guarantees, cash

 8  reserves for loan and letter of credit guarantees, payments of

 9  claims pursuant to contracts for guarantees, subordinated

10  loans, loans with warrants, royalty investments, equity

11  investments, For the purposes of this fund, qualified

12  securities include loans, loans convertible to equity, equity,

13  loans with warrants attached that are beneficially owned by

14  the board, royalty agreements, or any other contractual

15  arrangements through which the Florida Technology Research

16  Investment Fund receives an interest, rights, return of funds,

17  or other consideration, and operations of the Florida Small

18  Business Technology Growth Program. All such uses of funds are

19  qualified investments arrangement in which the board is

20  providing scientific and technological services to any

21  federal, state, county, or municipal agency, or to any

22  individual, corporation, enterprise, association, or any other

23  entity involving technology development. Any claim against the

24  program shall be paid solely from the fund. Neither the credit

25  nor the taxing power of the state shall be pledged to secure

26  the fund or moneys in the fund, other than from moneys

27  appropriated or assigned to the fund, and the state shall not

28  be liable or obligated in any way for any claims against the

29  fund or against Enterprise Florida, Inc.

30         (c)  Not more than $175,000 or 5 percent of the

31  revenues generated by investment of moneys contained in the

                                  23

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    Florida Senate - 2003                                  SB 2252
    18-794-03                                           See HB 809




 1  Florida Technology Research Investment Fund plus 5 percent of

 2  the revenues generated by investments under The Florida Small

 3  Business Technology Growth Program, whichever is greater, may

 4  be used on an annual basis to pay operating expenses

 5  associated with operation of the Florida Technology Research

 6  Investment Fund and the Florida Small Business Technology

 7  Growth Program.

 8         (d)  In the event of liquidation or dissolution of

 9  Enterprise Florida, Inc., or the Florida Technology Research

10  Investment Fund, any rights or interests in a qualified

11  security or portion of a qualified security purchased with

12  moneys invested by the State of Florida shall vest in the

13  state, under the control of the State Board of Administration.

14  The state is entitled to, in proportion to the amount of

15  investment in the fund by the state, any balance of funds

16  remaining in the Florida Technology Research Investment Fund

17  after payment of all debts and obligations upon liquidation or

18  dissolution of Enterprise Florida, Inc., or the fund.

19         (e)  The investment of funds contained in the Florida

20  Technology Research Investment Fund does not constitute a

21  debt, liability, or obligation of the State of Florida or of

22  any political subdivision thereof, or a pledge of the faith

23  and credit of the state or of any such political subdivision.

24         (5)  Enterprise Florida, Inc., may create technology

25  commercialization programs in partnership with private

26  enterprises, educational institutions, and other institutions

27  to increase the rate at which technologies with potential

28  commercial application are moved from university, public, and

29  industry laboratories into the marketplace. Such programs

30  shall be created based upon research to be conducted by

31  Enterprise Florida, Inc.

                                  24

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    Florida Senate - 2003                                  SB 2252
    18-794-03                                           See HB 809




 1         Section 6.  Section 288.9517, Florida Statutes, is

 2  repealed.

 3         Section 7.  This act shall take effect upon becoming a

 4  law.

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                                  25

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