Senate Bill sb2328c3

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    Florida Senate - 2003    CS for CS for CS for SB's 2328 & 2252

    By the Committees on Finance and Taxation; Comprehensive
    Planning; Commerce, Economic Opportunities, and Consumer
    Services; and Senators Saunders, Miller and Siplin



    314-2527-03

  1                      A bill to be entitled

  2         An act relating to economic stimulus; amending

  3         s. 212.097, F.S.; revising provisions providing

  4         for an urban job tax credit program to apply to

  5         designated urban job tax credit areas rather

  6         than high crime areas; revising and providing

  7         definitions, eligibility criteria, application

  8         procedures and requirements, and area

  9         characteristics and criteria; authorizing

10         transfer of unused credits; specifying use of

11         transferred credits; amending s. 220.1895,

12         F.S.; conforming changes; removing a historical

13         reference; amending s. 288.1045, F.S.; revising

14         the definition of "Department of Defense

15         contract" under the tax refund program for

16         qualified defense contractors; extending the

17         period applicable to a program exemption under

18         certain conditions; amending s. 288.106, F.S.;

19         providing for special consideration to be given

20         to defense and homeland security under the tax

21         refund program for qualified target industry

22         businesses; extending the period applicable to

23         a program exemption under certain conditions;

24         reenacting and amending s. 288.9515, F.S.;

25         revising and clarifying powers of Enterprise

26         Florida, Inc., to develop authorized technology

27         development programs; deleting a preference

28         requirement for contractor selections;

29         clarifying a requirement for capitalization of

30         a technology development financing fund;

31         revising criteria and requirements for

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 1         investment of moneys in the Florida Technology

 2         Research Investment Fund; providing for payment

 3         of certain claims from the fund; specifying

 4         nonapplication of state credit or taxing power;

 5         specifying absence of state liability for

 6         certain claims; directing Enterprise Florida,

 7         Inc., to facilitate the formation of investor

 8         networks; repealing s. 288.9517, F.S., relating

 9         to audits of the technology development board

10         and confidentiality of the identity of certain

11         contributors to the board; repealing s. 14, ch.

12         93-187, Laws of Florida, relating to the future

13         repeal and review by the Legislature of

14         statutes governing certain technology

15         development programs of Enterprise Florida,

16         Inc.; amending s. 445.048, F.S.; continuing and

17         expanding the Passport to Economic Progress

18         demonstration program; providing

19         appropriations; creating s. 624.5108, F.S.,

20         relating to casualty insurance assessment

21         offsets; providing definitions; providing for

22         an application procedure for designation as a

23         state economic stimulus plan provider; creating

24         application criteria; authorizing the Office of

25         Tourism, Trade, and Economic Development to

26         perform background checks on applicants;

27         authorizing the Office of Tourism, Trade, and

28         Economic Development to deny the application if

29         the criteria for a provider applicant is not

30         met; requiring the provider applicant to be

31         incorporated in Florida; requiring the provider

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 1         applicant to establish an office in the state

 2         within 60 days after being designated a SESP

 3         provider; authorizing the Office of Tourism,

 4         Trade, and Economic Development to adopt rules

 5         to govern the application process; providing

 6         for a SESP provider allocation offset process;

 7         establishing a State Economic Stimulus Plan

 8         Fund; providing for permissible uses for the

 9         SESP funds; requiring the Office of Tourism,

10         Trade, and Economic Development to approve

11         economic development projects or permissible

12         investment proposals no later than 20 days

13         after receiving a written proposal; requiring

14         the SESP provider to report certain information

15         to the Office of Tourism, Trade, and Economic

16         Development no later than 30 days after the

17         fund allocation date; requiring the SESP

18         provider to file an annual report; requiring

19         the SESP provider to provide an annual audited

20         financial statement; providing for SESP

21         provider assessment offsets; amending s.

22         1004.225, F.S.; removing historical provisions;

23         conforming changes; providing for the

24         designation of an additional center of

25         excellence; providing application, evaluation,

26         and designation procedures; extending the

27         expiration of the Florida Technology

28         Development Act; providing an appropriation;

29         providing an effective date.

30  

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

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 1         Section 1.  Section 212.097, Florida Statutes, is

 2  amended to read:

 3         212.097  Designated Urban High-Crime Area Job Tax

 4  Credit Area Program.--

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

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

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

 8  designated urban job tax credit area qualified county and is

 9  predominantly engaged in, or is headquarters for a business

10  predominantly engaged in, activities usually provided for

11  consideration by firms classified within the following

12  standard industrial classifications: SIC 01-SIC 09

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

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

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

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

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

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

19  targeted industry eligible for the qualified target industry

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

21  customer service operation that services a multistate market

22  or international market is also an eligible business. In

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

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

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

26  from the list of standard industrial classifications used to

27  determine an eligible business, and the Legislature may

28  implement such recommendations. Excluded from eligible

29  receipts are receipts from retail sales, except such receipts

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

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

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

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

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

 4  generated by those activities usually provided for

 5  consideration by firms in the specified standard industrial

 6  classification. The determination of whether the business is

 7  located in a designated urban job tax credit qualified

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

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

10  section. Commonly owned and controlled entities are to be

11  considered a single business entity.

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

13  eligible business who performs duties in connection with the

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

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

16  within the designated urban job tax credit qualified

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

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

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

20  employee leasing company licensed under chapter 468, if such

21  employee has been continuously leased to the employer for an

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

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

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

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

26  other commercial or business operation of the business entity

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

28  area. A business entity that operated an eligible business

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

30  area within the 48 months before the period provided for

31  

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

 2  business.

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

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

 5         (e)  "Designated urban job tax credit Qualified

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

 7  Tourism, Trade, and Economic Development in the following

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

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

10  level of distress experienced in the categories enumerated

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

12  Economic Development shall designate the 30

13  highest-distress-profile urban areas as eligible participants

14  under the urban job tax credit program following prioritized

15  criteria:

16         1.  Highest arrest rates within the geographic area for

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

18  possession, prostitution, vandalism, and civil disturbances;

19         2.  Highest reported crime volume and rate of specific

20  property crimes such as business and residential burglary,

21  motor vehicle theft, and vandalism;

22         3.  Highest percentage of reported index crimes that

23  are violent in nature;

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

25  and

26         5.  Highest overall index crime rate for the geographic

27  area.

28  

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

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

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

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 1  areas are ranked 11 through 15. Notwithstanding this

 2  definition, "designated urban job tax credit qualified

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

 4  as a federal Empowerment Zone pursuant to the Taxpayer Relief

 5  Act of 1997 or the Community Tax Relief Act of 2000. Such a

 6  designated area is ranked in tier three until the areas are

 7  reevaluated by the Office of Tourism, Trade, and Economic

 8  Development.

 9         (f)  "Central business district" means an area

10  comprised of at least 80 percent commercial and government

11  buildings and properties; characterized by a high

12  concentration of retail businesses, service businesses,

13  offices, theaters, and hotels; and located in a Department of

14  Transportation Urban Service Area.

15         (g)  "Urban" means a densely populated nonrural area

16  located within an urban county which consists of a cluster of

17  one or more census blocks, each of which has a population

18  density of at least 400 people per square mile, or an area

19  defined by the most recent United States Census as urban.

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

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

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

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

24  least 10 qualified employees on the date of application shall

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

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

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

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

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

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

31  

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

 2  each such employee.

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

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

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

 6  existing eligible business in a designated urban job tax

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

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

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

10  $1,500 tax credit for each such additional employee. An

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

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

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

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

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

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

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

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

19  each such additional employee. An existing eligible business

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

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

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

23  the credit under this subsection sooner than 12 months after

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

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

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

27  provided for any qualified employee who is a welfare

28  transition program participant. For any existing eligible

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

30  additional $500 credit shall be provided for any qualified

31  employee who is a welfare transition program participant. Such

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 1  employee must be employed on the application date and have

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

 3  addition to other credits pursuant to this section regardless

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

 5  documentation concerning the eligibility of an employee for

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

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

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

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

10  qualified employees on the application date on which a credit

11  under this section was based for any previous application,

12  including an application under subsection (2).

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

14  more municipalities together, may apply to the Office of

15  Tourism, Trade, and Economic Development for the designation

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

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

18  resolution that:

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

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

21  more municipalities, which chronically exhibits extreme and

22  unacceptable levels of poverty, unemployment, physical

23  deterioration, and economic disinvestment;

24         (b)  Determines that the rehabilitation, conservation,

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

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

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

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

29  and

30         (c)  Determines that the revitalization of such an

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

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

 2  productive enterprises that build or rebuild the economic

 3  viability of the area.

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

 5  area shall demonstrate provide to the Office of Tourism,

 6  Trade, and Economic Development that the area meets the

 7  following:

 8         (a)  Income characteristics:

 9         1.  Forty percent of area residents are earning wages

10  on an annual basis that are equal to or less than the annual

11  wage of a person who is earning minimum wage; or

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

13  below the federal standard of poverty for individuals or a

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

15  geographic area;

16         (b)  Education characteristics:

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

18  county average; or

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

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

21         (c)  Workforce and employment characteristics:

22         1.  Has an unemployment rate at least 3 percentage

23  points higher than the state's unemployment rate;

24         2.  More than 50 percent of families subject to the

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

26  months of the time limit or are receiving cash assistance

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

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

29  criteria established by the United States Department of

30  Labor's Employment and Training Administration. The percentage

31  of reported index crimes that are violent in nature;

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 1         (d)  Crime characteristics:

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

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

 4  prostitution, vandalism, and civil disturbances, as recorded

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

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

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

 8  volume and rate of specific property crimes such as business

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

10  and

11         (e)  Residential and commercial property related

12  characteristics:

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

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

15  of the county's assessed property values;

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

17  buildings are abandoned, have been condemned within the

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

19  the Florida Building Code than recorded in the remainder of

20  the county or municipality; or

21         c.  Tax or special assessment delinquencies exceed the

22  fair value of the land. The arrest rates within the geographic

23  area for violent crime and for such other crimes as drug sale,

24  drug possession, prostitution, disorderly conduct, vandalism,

25  and other public-order offenses.

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

27  municipalities together, may not nominate more than one urban

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

29  125.011(1) may nominate no more than three urban high-crime

30  areas.

31  

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

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

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

 4  be eligible only if it meets the following criteria:

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

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

 7  more than three noncontiguous parcels.;

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

 9  mileage limitation:

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

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

12  20 square miles and is within 10 miles of the central business

13  district of a city.

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

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

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

17  7.5 miles of the central business district of a city.

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

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

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

21  miles of the central business district of a city.

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

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

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

25  business district of a city.

26         (b)  A designated urban job tax credit area may not

27  include any portion of a central business district, unless the

28  poverty rate for each census geographic block group in the

29  district is not less than 30 percent.

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

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

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 1  Trade, and Economic Development a statement that includes the

 2  name and address of the eligible business and any other

 3  information that is required to process the application.

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

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

 6  Economic Development shall review the application to determine

 7  whether it contains all the information required by this

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

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

10  Tourism, Trade, and Economic Development shall approve all

11  applications that contain the information required by this

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

13  eligible to receive a credit.

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

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

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

17  Department of Revenue, in conjunction with the Office of

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

19  governing bodies in areas designated under this section as

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

21  been reached. Applications must be considered for approval in

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

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

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

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

26  manner allowed pursuant to this section.

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

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

29  Trade, and Economic Development shall deny the credit and

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

31  this credit within 3 months after such notification.

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

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

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

 4  after the approval of the application by the department.

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

 6  affirmatively demonstrate to the satisfaction of the

 7  Department of Revenue that it meets the requirements of this

 8  section.

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

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

11  100 percent of the credit and is guilty of a misdemeanor of

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

13  775.083.

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

15  section against its corporate income tax liability, as

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

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

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

19  may be taken against only one tax.

20         (16)  An eligible business may transfer any unused

21  credit in whole or in units of no less than 25 percent of the

22  remaining credit. The entity acquiring such credit may use it

23  in the same manner and with the same limitation as described

24  in this section. Such transferred credits may not be

25  transferred again although they may succeed to a surviving or

26  acquiring entity subject to the same conditions and

27  limitations described in this section.

28         (17)(16)  The department shall adopt rules governing

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

30  credit and may establish guidelines concerning the requisites

31  

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 1  for an affirmative showing of qualification for the credit

 2  under this section.

 3         Section 2.  Section 220.1895, Florida Statutes, is

 4  amended to read:

 5         220.1895  Rural Job Tax Credit and Designated Urban

 6  High-Crime Area Job Tax Credit Area.--There shall be allowed a

 7  credit against the tax imposed by this chapter amounts

 8  approved by the Office of Tourism, Trade, and Economic

 9  Development pursuant to the Rural Job Tax Credit Program in s.

10  212.098 and the Designated Urban High-Crime Area Job Tax

11  Credit Area Program in s. 212.097. A corporation that uses its

12  credit against the tax imposed by this chapter may not take

13  the credit against the tax imposed by chapter 212. If any

14  credit granted under this section is not fully used in the

15  first year for which it becomes available, the unused amount

16  may be carried forward for a period not to exceed 5 years. The

17  carryover may be used in a subsequent year when the tax

18  imposed by this chapter for such year exceeds the credit for

19  such year under this section after applying the other credits

20  and unused credit carryovers in the order provided in s.

21  220.02(8). The Office of Tourism, Trade, and Economic

22  Development shall conduct a review of the Urban High-Crime

23  Area Job Tax Credit and the Rural Job Tax Credit Program and

24  submit its report to the Governor, the President of the

25  Senate, and the Speaker of the House of Representatives by

26  February 1, 2000.

27         Section 3.  Paragraph (e) of subsection (1) and

28  paragraph (b) of subsection (4) of section 288.1045, Florida

29  Statutes, are amended to read:

30         288.1045  Qualified defense contractor tax refund

31  program.--

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

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

 3  competitively bid Department of Defense contract or

 4  subcontract or a competitively bid federal agency contract or

 5  subcontract issued on behalf of the Department of Defense for

 6  manufacturing, assembling, fabricating, research, development,

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

 8  any contract or subcontract to provide goods, improvements to

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

10  particular military base or installation in this state. The

11  term includes contracts or subcontracts for products or

12  services for military or homeland security use which contracts

13  or subcontracts are approved by the United States Department

14  of Defense, the United States Department of State, or the

15  United States Department of Homeland Security Coast Guard.

16         (4)  QUALIFIED DEFENSE CONTRACTOR TAX REFUND

17  AGREEMENT.--

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

19  agreement is a condition precedent for receipt of tax refunds

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

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

22  receipt of all tax refunds previously authorized pursuant to

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

24  qualified applicant by the director, unless the qualified

25  applicant is eligible to receive and elects to accept a

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

27  the qualified applicant an economic-stimulus exemption.

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

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

30  request must provide quantitative evidence demonstrating how

31  negative economic conditions in the qualified applicant's

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 1  industry, or specific acts of terrorism affecting the

 2  qualified applicant, have prevented the qualified applicant

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

 4  agreement.

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

 6  the director shall have 45 days to notify the requesting

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

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

 9  granted, the director shall consider the extent to which

10  negative economic conditions in the requesting qualified

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

12  the qualified applicant, have prevented the qualified

13  applicant from complying with the terms and conditions of its

14  tax refund agreement.

15         3.  As a condition for receiving a prorated refund

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

17  this paragraph, a qualified applicant must agree to

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

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

20  current law and office procedures governing application for

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

22  prorated refund or granting an economic-stimulus exemption,

23  the office shall renegotiate the tax refund agreement with the

24  qualified applicant as required by this subparagraph. When

25  amending the agreement of a qualified applicant receiving an

26  economic-stimulus exemption, the office may extend the

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

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

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

30  refund claim scheduled to be submitted after January 1, 2001,

31  but before June 30, 2004 July 1, 2003. However, a qualified

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 1  applicant that has received at least one economic-stimulus

 2  exemption may not apply for an additional exemption.

 3         5.  A qualified applicant that receives an

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

 5  the period covered by the exemption.

 6         Section 4.  Paragraph (o) of subsection (1) and

 7  paragraph (b) of subsection (4) of section 288.106, Florida

 8  Statutes, are amended to read:

 9         288.106  Tax refund program for qualified target

10  industry businesses.--

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

12         (o)  "Target industry business" means a corporate

13  headquarters business or any business that is engaged in one

14  of the target industries identified pursuant to the following

15  criteria developed by the office in consultation with

16  Enterprise Florida, Inc.:

17         1.  Future growth.--Industry forecasts should indicate

18  strong expectation for future growth in both employment and

19  output, according to the most recent available data.  Special

20  consideration should be given to Florida's growing access to

21  international markets or to replacing imports.

22         2.  Stability.--The industry should not be subject to

23  periodic layoffs, whether due to seasonality or sensitivity to

24  volatile economic variables such as weather.  The industry

25  should also be relatively resistant to recession, so that the

26  demand for products of this industry is not necessarily

27  subject to decline during an economic downturn.

28         3.  High wage.--The industry should pay relatively high

29  wages compared to statewide or area averages.

30  

31  

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 1         4.  Market and resource independent.--The location of

 2  industry businesses should not be dependent on Florida markets

 3  or resources as indicated by industry analysis.

 4         5.  Industrial base diversification and

 5  strengthening.--The industry should contribute toward

 6  expanding or diversifying the state's or area's economic base,

 7  as indicated by analysis of employment and output shares

 8  compared to national and regional trends.  Special

 9  consideration should be given to industries that strengthen

10  regional economies by adding value to basic products or

11  building regional industrial clusters as indicated by industry

12  analysis. Special consideration also should be given to

13  developing strong industrial clusters, including defense and

14  homeland security.

15         6.  Economic benefits.--The industry should have strong

16  positive impacts on or benefits to the state and regional

17  economies.

18  

19  The office, in consultation with Enterprise Florida, Inc.,

20  shall develop a list of such target industries annually and

21  submit such list as part of the final agency legislative

22  budget request submitted pursuant to s. 216.023(1). A target

23  industry business may not include any industry engaged in

24  retail activities; any electrical utility company; any

25  phosphate or other solid minerals severance, mining, or

26  processing operation; any oil or gas exploration or production

27  operation; or any firm subject to regulation by the Division

28  of Hotels and Restaurants of the Department of Business and

29  Professional Regulation.

30         (4)  TAX REFUND AGREEMENT.--

31  

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

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

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

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

 5  eligibility for receipt of all tax refunds previously

 6  authorized under this section and the revocation by the

 7  director of the certification of the business entity as a

 8  qualified target industry business, unless the business is

 9  eligible to receive and elects to accept a prorated refund

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

11  economic-stimulus exemption.

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

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

14  exemption. The request must provide quantitative evidence

15  demonstrating how negative economic conditions in the

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

17  the qualified target industry business, have prevented the

18  business from complying with the terms and conditions of its

19  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, or specific

26  acts of terrorism affecting the qualified target industry

27  business, have prevented the business from complying with the

28  terms and conditions of its tax refund agreement.

29         3.  As a condition for receiving a prorated refund

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

31  this paragraph, a qualified target industry business must

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 1  agree to renegotiate its tax refund agreement with the office

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

 3  comply with current law and office procedures governing

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

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

 6  exemption, the office shall renegotiate the tax refund

 7  agreement with the business as required by this subparagraph.

 8  When amending the agreement of a business receiving an

 9  economic-stimulus exemption, the office may extend the

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

11         4.  A qualified target industry business may submit a

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

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

14  January 1, 2001, but before June 30, 2004 July 1, 2003.

15  However, a qualified target industry business that has

16  received at least one economic-stimulus exemption may not

17  apply for an additional exemption.

18         5.  A qualified target industry business that receives

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

20  for the period covered by the exemption.

21         Section 5.  Notwithstanding section 14 of chapter

22  93-187, Laws of Florida, section 288.9515, Florida Statutes,

23  shall not stand repealed on December 31, 2003, as scheduled by

24  such law, but that section is reenacted and amended to read:

25         288.9515  Authorized technology development programs.--

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

27  development and applications services, and may serve as an

28  umbrella organization for the coordination of information that

29  provides technology applications service providers throughout

30  the state which provide critical, managerial, technological,

31  scientific, and related financial and business expertise

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 1  essential for international and domestic competitiveness to

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

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

 4  following powers in order to carry out these functions:

 5         (a)  Providing communication and coordination services

 6  among technology development and applications service

 7  providers throughout the state.

 8         (b)  Providing coordinated marketing services to

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

10  behalf of, and in partnership with, technology applications

11  service providers.

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

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

14  applications service providers.

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

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

17  knowledge-based firms in Florida.

18         (e)  Entering into contracts with technology

19  applications service providers for expanded availability of

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

21  manufacturing companies or knowledge-based service firms,

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

23  development, market planning, finance, and interfirm

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

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

26  assistance to Florida firms shall be based on competitive

27  requests for proposals and shall establish clear standards for

28  the delivery of services under such contracts. Such standards

29  include, but are not limited to:

30         1.  The ability and capacity to deliver services in

31  sufficient quality and quantity.

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

 2  timely manner.

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

 4  in the proposed market area.

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

 6  enterprises, or the entities providing business assistance to

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

 8  services enterprises.

 9         (g)  Establishing a system to evaluate the

10  effectiveness and efficiency of technology applications

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

12         (e)(h)  Establishing special education and

13  informational programs for Florida enterprises and for

14  educational institutions and enterprises providing business

15  assistance to Florida enterprises.

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

17  needs of firms in this state for technology development and

18  application services, and developing means to ensure that

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

20  in this subsection.

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

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

23  approves.

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

25  enterprise, educational institution, association, or any other

26  entity necessary or convenient for the performance of its

27  duties and the exercise of the powers and functions of

28  Enterprise Florida, Inc., under this subsection.

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

30  the purposes of providing technology development and

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

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

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

 3  for any purpose consistent with the provisions of this

 4  subsection.

 5         (2)  When choosing contractors under this section,

 6  preference shall be given to existing institutions,

 7  organizations, and enterprises so long as these existing

 8  institutions, organizations, and enterprises demonstrate the

 9  ability to perform at standards established by Enterprise

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

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

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

13  operations, performance, or resources of any existing

14  institution, organization, or enterprise.

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

16  development financing fund, to be called the Florida

17  Technology Research Investment Fund. The fund shall increase

18  technology development in this state by investing in

19  technology development projects that have the potential to

20  generate investment-grade technologies of importance to the

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

22  businesses to coinvest in such projects. Enterprise Florida,

23  Inc., may also demonstrate and develop effective approaches

24  to, and benefits of, commercially oriented research

25  collaborations between businesses, universities, and state and

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

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

28  once the fund is sufficiently capitalized under Enterprise

29  Florida, Inc., program guidelines as reflected in the minimum

30  funding report required in s. 288.9516. The technology

31  

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 1  research investment projects may include, but are not limited

 2  to:

 3         (a)  Technology development projects expected to lead

 4  to a specific investment-grade technology that is of

 5  importance to industry in this state.

 6         (b)  Technology development centers and facilities

 7  expected to generate a stream of products and processes with

 8  commercial application of importance to industry in this

 9  state.

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

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

12  Small Business Innovation Research awards.

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

14  contained in the Florida Technology Research Investment Fund

15  in technology application research or for technology

16  development projects that have the potential for commercial

17  market application. The partnership shall coordinate any

18  investment in any space-related technology projects with the

19  Florida Space Authority and the Technological Research and

20  Development Authority.

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

22  Technology Research Investment Fund is limited to qualified

23  investments in qualified securities in which a private

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

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

26  investments from state educational institutions, state and

27  federal agencies, or other institutions.

28         (b)  All moneys in the Florida Technology Research

29  Investment Fund shall be continuously appropriated to the fund

30  and may be used for loan guarantees, letter of credit

31  guarantees, cash reserves for loan and letter of credit

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 1  guarantees, payments of claims pursuant to contracts for

 2  guarantees, subordinated loans, loans with warrants, royalty

 3  investments, equity investments, and For the purposes of this

 4  fund, qualified securities include loans, loans convertible to

 5  equity, equity, loans with warrants attached that are

 6  beneficially owned by the board, royalty agreements, or any

 7  other contractual arrangements through which the Florida

 8  Technology Research Investment Fund receives an interest,

 9  rights, return of funds, or other consideration, and may be

10  used for operations of the fund. All such uses of moneys in

11  the fund are qualified investments arrangement in which the

12  board is providing scientific and technological services to

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

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

15  entity involving technology development. Any claim against the

16  fund or Enterprise Florida, Inc., relating to investment of

17  moneys in the fund shall be paid solely from the fund. Neither

18  the credit nor the taxing power of the state shall be pledged

19  to secure the fund or moneys in the fund, other than from

20  moneys appropriated or assigned to the fund, and the state

21  shall not be liable or obligated in any way for any claims

22  against the fund or against Enterprise Florida, Inc.

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

24  revenues generated by investment of moneys contained in the

25  Florida Technology Research Investment Fund plus 5 percent of

26  the revenues generated by investments under the Florida Small

27  Business Technology Growth Program under s. 288.95155,

28  whichever is greater, may be used on an annual basis to pay

29  the combined operating expenses associated with operation of

30  the Florida Technology Research Investment Fund and the

31  Florida Small Business Technology Growth Program.

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

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

 3  Investment Fund, any rights or interests in a qualified

 4  security or portion of a qualified security purchased with

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

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

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

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

 9  remaining in the Florida Technology Research Investment Fund

10  after payment of all debts and obligations upon liquidation or

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

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

13  Technology Research Investment Fund does not constitute a

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

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

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

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

18  commercialization programs in partnership with private

19  enterprises, educational institutions, and other institutions

20  to increase the rate at which technologies with potential

21  commercial application are moved from university, public, and

22  industry laboratories into the marketplace. Such programs

23  shall be created based upon research to be conducted by

24  Enterprise Florida, Inc.

25         (6)  Enterprise Florida, Inc., shall coordinate with

26  local and regional economic development organizations to

27  facilitate a statewide entrepreneurship strategy to stimulate

28  the growth of start-up businesses and technology innovations

29  in this state. This strategy should include, but need not be

30  limited to, technology transfer coordination, university

31  linkages, entrepreneurial networks and training, and start-up

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 1  capital access, including the formation and growth of

 2  individual and business networks that may be willing to invest

 3  in start-up businesses in this state.

 4         Section 6.  Section 288.9517, Florida Statutes, is

 5  repealed.

 6         Section 7.  Section 14 of chapter 93-187, Laws of

 7  Florida, is repealed.

 8         Section 8.  Section 445.048, Florida Statutes, is

 9  amended to read:

10         445.048  Passport to Economic Progress demonstration

11  program.--

12         (1)  AUTHORIZATION.--Notwithstanding any law to the

13  contrary, Workforce Florida, Inc., in conjunction with the

14  Department of Children and Family Services and the Agency for

15  Workforce Innovation, shall implement a Passport to Economic

16  Progress demonstration program by November 1, 2001, consistent

17  with the provisions of this section in Hillsborough, and

18  Manatee, and Sarasota counties. Workforce Florida, Inc., must

19  consult with the applicable regional workforce boards and the

20  applicable local offices of the department which serve the

21  demonstration areas and must encourage community input into

22  the implementation process.

23         (2)  WAIVERS.--If Workforce Florida, Inc., in

24  consultation with the Department of Children and Family

25  Services, finds that federal waivers would facilitate

26  implementation of the demonstration program, the department

27  shall immediately request such waivers, and Workforce Florida,

28  Inc., shall report to the Governor, the President of the

29  Senate, and the Speaker of the House of Representatives if any

30  refusal of the Federal Government to grant such waivers

31  prevents the implementation of the demonstration program. If

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 1  Workforce Florida, Inc., finds that federal waivers to

 2  provisions of the Food Stamp Program would facilitate

 3  implementation of the demonstration program, the Department of

 4  Children and Family Services shall immediately request such

 5  waivers in accordance with s. 414.175.

 6         (3)  INCOME DISREGARD.--In order to provide an

 7  additional incentive for employment, and notwithstanding the

 8  amount specified in s. 414.095(12), for individuals residing

 9  in the areas designated for this demonstration program, the

10  first $300 plus one-half of the remainder of earned income

11  shall be disregarded in determining eligibility for temporary

12  cash assistance. All other conditions and requirements of s.

13  414.095(12) shall continue to apply to such individuals.

14         (3)(4)  TRANSITIONAL BENEFITS AND SERVICES.--In order

15  to assist them in making the transition to economic

16  self-sufficiency, former recipients of temporary cash

17  assistance residing within the areas designated for this

18  demonstration program shall be eligible for the following

19  benefits and services:

20         (a)  Notwithstanding the time period specified in s.

21  445.030, transitional education and training support services

22  as specified in s. 445.030 for up to 4 years after the family

23  is no longer receiving temporary cash assistance;

24         (b)  Notwithstanding the time period specified in s.

25  445.031, transitional transportation support services as

26  specified in s. 445.031 for up to 4 years after the family is

27  no longer receiving temporary cash assistance; and

28         (c)  Notwithstanding the time period specified in s.

29  445.032, transitional child care as specified in s. 445.032

30  for up to 4 years after the family is no longer receiving

31  temporary cash assistance.

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 1  

 2  All other provisions of ss. 445.030, 445.031, and 445.032

 3  shall apply to such individuals, as appropriate. This

 4  subsection does not constitute an entitlement to transitional

 5  benefits and services. If funds are insufficient to provide

 6  benefits and services under this subsection, the board of

 7  directors of Workforce Florida, Inc., may limit such benefits

 8  and services or otherwise establish priorities for the

 9  provisions of such benefits and services.

10         (4)  INCENTIVES TO ECONOMIC SELF-SUFFICIENCY.--

11         (a)  The Legislature finds that:

12         1.  There are former recipients of temporary cash

13  assistance who are working full time but whose incomes are

14  below the poverty level.

15         2.  Having incomes below the federal poverty level

16  makes such individuals particularly vulnerable to reliance on

17  public assistance despite their best efforts to achieve or

18  maintain economic independence through employment.

19         3.  It is necessary to implement a performance-based

20  program that defines economic incentives for achieving

21  specific benchmarks toward self-sufficiency while the

22  individual is working full time.

23         (b)  Workforce Florida, Inc., in cooperation with the

24  Department of Children and Family Services and the Agency for

25  Workforce Innovation, shall offer performance-based incentive

26  bonuses as a component of the Passport to Economic Progress

27  demonstration program in the areas of the state which are

28  designated for demonstration programs. The bonuses do not

29  represent a program entitlement and shall be contingent on

30  achieving specific benchmarks prescribed in the

31  self-sufficiency plan. If the funds appropriated for this

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 1  purpose are insufficient to provide this financial incentive,

 2  the board of directors of Workforce Florida, Inc., shall

 3  reduce or suspend the bonuses in order not to exceed the

 4  appropriation.

 5         (5)  WAGE SUPPLEMENTATION.--

 6         (a)  The Legislature finds that:

 7         1.  There are former recipients of temporary cash

 8  assistance who are working full time but whose incomes are

 9  below the federal poverty level.

10         2.  Having incomes below the federal poverty level

11  makes such individuals particularly vulnerable to reliance on

12  public assistance despite their best efforts to achieve or

13  maintain economic independence through employment.

14         3.  It is necessary to supplement the wages of such

15  individuals for a limited period of time in order to assist

16  them in fulfilling the transition to economic

17  self-sufficiency.

18         (b)  Workforce Florida, Inc., in cooperation with the

19  Department of Children and Family Services and the Agency for

20  Workforce Innovation, shall create a transitional wage

21  supplementation program by November 1, 2001, as a component of

22  the Passport to Economic Progress demonstration program in the

23  areas designated for the demonstration program. This wage

24  supplementation program does not constitute an entitlement to

25  wage supplementation. If funds appropriated are insufficient

26  to provide wage supplementation, the board of directors of

27  Workforce Florida, Inc., may limit wage supplementation or

28  otherwise establish priorities for wage supplementation.

29         (c)  To be eligible for wage supplementation under this

30  subsection, an individual must:

31  

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 1         1.  Be a former recipient of temporary cash assistance

 2  who last received such assistance on or after January 1, 2000;

 3         2.  Be employed full time, which for the purposes of

 4  this subsection means employment averaging at least 32 hours

 5  per week, or, following Congressional passage of legislation

 6  reauthorizing Temporary Assistance to Needy Families, comply

 7  with the employment requirements of the reauthorized law; and

 8         3.  Have an average family income for the 6 months

 9  preceding the date of application for wage supplementation

10  which is less than 100 percent of the federal poverty level.

11         (d)  Workforce Florida, Inc., shall determine the

12  schedule for the payment of wage supplementation under this

13  subsection. An individual eligible for wage supplementation

14  under this subsection may receive a payment that equals the

15  amount necessary to bring the individual's total family income

16  for the period covered by the payment to 100 percent of the

17  federal poverty level. An individual may not receive wage

18  supplementation payments for more than a total of 12 months.

19         (e)  The wage supplementation program authorized by

20  this subsection shall be administered through the regional

21  workforce boards and the one-stop delivery system, under

22  policy guidelines, criteria, and applications developed by

23  Workforce Florida, Inc., in cooperation with the Department of

24  Children and Family Services and the Agency for Workforce

25  Innovation. To the maximum extent possible, the regional

26  workforce boards shall use electronic debit card technologies

27  to provide wage supplementation payments under this program.

28         (5)(6)  EVALUATIONS AND RECOMMENDATIONS.--Workforce

29  Florida, Inc., in conjunction with the Department of Children

30  and Family Services, the Agency for Workforce Innovation, and

31  the regional workforce boards in the areas designated for this

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 1  demonstration program, shall conduct a comprehensive

 2  evaluation of the effectiveness of the demonstration program

 3  operated under this section. By January 1, 2005 2003,

 4  Workforce Florida, Inc., shall submit a report on such

 5  evaluation to the Governor, the President of the Senate, and

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

 7  include recommendations as to whether the demonstration

 8  program should be expanded to other service areas or statewide

 9  and whether the program should be revised to enhance its

10  administration or effectiveness.

11         (6)(7)  CONFLICTS.--If there is a conflict between the

12  implementation procedures described in this section and

13  federal requirements and regulations, federal requirements and

14  regulations shall control.

15         Section 9.  The sum of $1,785,000 is appropriated for

16  the 2003-2004 fiscal year from the Federal Grants Trust Fund

17  to the Department of Children and Family Services to provide

18  bonus payments pursuant to section 445.048(4), Florida

19  Statutes, and the sum of $1,074,200 is appropriated for the

20  2003-2004 fiscal year from the Welfare Transition Trust Fund

21  to the Agency for Workforce Innovation to extend transitional

22  benefits and services.

23         Section 10.  Section 624.5108, Florida Statutes, is

24  created to read:

25         624.5108  Casualty insurance assessment offsets;

26  definitions; provider designations; permissible investments;

27  required reports; assessment offsets.--

28         (1)  SHORT TITLE.--This section may be cited as the

29  "State Economic Stimulus Plan Act."

30         (2)  DEFINITIONS.--As used in this section, the term:

31         (a)  "Affiliate" means, with respect to any person:

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 1         1.  A person who directly or indirectly:

 2         a.  Beneficially owns 10 percent or more of the

 3  outstanding voting securities or other ownership interests of

 4  the other person, whether through rights, options, convertible

 5  interests, or otherwise; or

 6         b.  Controls or holds power to vote 10 percent or more

 7  of the outstanding voting securities or other ownership

 8  interests of the other person;

 9         2.  A person with 10 percent or more of the outstanding

10  voting securities or other ownership interests, of which are

11  directly or indirectly:

12         a.  Beneficially owned by the other person, whether

13  through rights, options, convertible interest, or otherwise;

14  or

15         b.  Controlled or held with power to vote by the other

16  person;

17         3.  A partnership in which the other person is a

18  general partner; or

19         4.  An officer, employee, or agent of the other person

20  or an immediate family member of the officer, employee, or

21  agent.

22         (b)  "Assessments" means the assessments required

23  pursuant to ss. 440.49 and 440.51.

24         (c)  "Conversion cost" means, for each SESP provider,

25  all costs and expenses of closing its SESP fund, including,

26  without limitation, legal, accounting, rating agency, trustee

27  and placement agent fees and expenses, and any costs of

28  defeasing and insuring the obligations of the SESP provider to

29  the investing investors incurred in connection with the SESP

30  fund or any original issue discount in connection with the

31  obligations.

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 1         (d)  "Department" means the Office of Tourism, Trade,

 2  and Economic Development, which has regulatory authority over

 3  this section.

 4         (e)  "Economic development project" means a project or

 5  business that meets the following criteria at the time of the

 6  investment:

 7         1.  The project or business is headquartered and its

 8  principal operations are located in this state, or at least 50

 9  percent of the employees are employed in this state or the

10  project or business has committed in writing to move into this

11  state as a condition of the investment;

12         2.  The project or business fosters economic

13  development in this state;

14         3.  There are sufficient resources or the forecast or

15  business plan for the project or business projects that the

16  project or business will have sufficient resources to meet any

17  obligations due to the SESP provider as a result of the

18  investment;

19         4.  The project or business has been approved by the

20  department pursuant to this section; and

21         5.  The project or business is not a business

22  predominately engaged in professional services provided by

23  accountants or lawyers.

24         (f)  "Fund allocation date" means, with respect to each

25  SESP provider, the date on which such SESP provider receives

26  the investments from its investors which entitle its investors

27  to receive an allocation of the full offset amount authorized

28  by this section for such SESP provider.

29         (g)  "Full offset amount" means, with respect to each

30  SESP provider, the full face amount of any permitted debt

31  instruments offered by the SESP provider, which are issued to

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 1  its investors and evidence such investors' investment in the

 2  SESP provider.

 3         (h)  "Investor" means any insurer holding a certificate

 4  of authority to transact insurance in this state with a

 5  liability for assessments under ss. 440.49 and 440.51.

 6         (i)  "Permissible investment" means investments that at

 7  the time of initial purchase or initial investment are:

 8         1.  Deposits, including certificates of deposit, with a

 9  financial institution that is a member of the Federal Deposit

10  Insurance Corporation;

11         2.  Investment securities that are obligations of the

12  United States or its departments, agencies, or

13  instrumentalities or obligations that are guaranteed fully as

14  to principal and interest by the United States or its

15  departments, agencies, or instrumentalities;

16         3.  Commercial paper rated at least A1, P1, or its

17  equivalent by at least one nationally recognized rating

18  organization with a maturity of no more than 365 days.

19         4.  Debt instruments rated at the time of the

20  investment at least AA or its equivalent by a nationally

21  recognized rating organization, or issued by, or guaranteed

22  with respect to payment by, an entity whose unsecured

23  indebtedness is rated at the time of the investment at least

24  AA or its equivalent by a nationally recognized credit rating

25  organization and is not subordinated to other unsecured

26  indebtedness of the issuer or the guarantor;

27         5.  Obligations of this state or any political

28  subdivision thereof;

29         6.  Interests in money market funds or other mutual

30  funds, the portfolios of which are limited to cash and

31  permissible investments; or

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 1         7.  Any other investments approved in advance and in

 2  writing by the department.

 3         (j)  "Permitted debt instrument" means a debt

 4  instrument issued by the SESP provider to one or more

 5  investors that do not own any voting equity interest in the

 6  SESP provider which:

 7         1.  Is issued in exchange for the investment by the

 8  investors of cash in the SESP provider and for no other

 9  consideration;

10         2.  Is issued at a discount by the SESP provider;

11         3.  Is repayable by the SESP provider, with interest,

12  only by the availability of offsets to the investor earned as

13  a result of the investor's investment in the SESP provider;

14         4.  Does not entitle the investor to any consideration

15  or compensation based upon the profits, income, or other

16  operation of the SESP provider; and

17         5.  May not be prepaid by the SESP provider without the

18  investor's consent.

19         (k)  "Person" means any natural person, corporation,

20  limited liability company, partnership, joint venture, trust,

21  incorporated or unincorporated association, joint stock

22  company, government, or agency or political subdivision

23  thereof, or other entity of any kind.

24         (l)  "Principal" means:

25         1.  A senior officer or director of a corporation;

26         2.  An individual manager of a limited liability

27  company or a principal of any entity manager;

28         3.  An individual general partner of a partnership or

29  limited partnership or a principal of any entity that serves

30  as a general partner; or

31  

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 1         4.  An individual in a position of similar authority in

 2  an entity not specifically named in this subsection.

 3         (m)  "SESP" means the state economic stimulus plan.

 4         (n)  "SESP costs" means:

 5          1.  The bona fide costs and expenses of managing and

 6  operating the SESP provider, including, without limitation, an

 7  annual management fee that is not to exceed 2.5 percent of the

 8  full offset amount plus professional fees; and

 9         2.  Distributions to direct or indirect parent entities

10  of the SESP provider, if the SESP is taxed as partnership,

11  equal to any projected increase in federal or state income

12  taxes of such entities, including any related penalties or

13  interest, resulting from the earnings of the SESP provider,

14  without regard to any revenues or expenses from other

15  operations of affiliates of the SESP provider, to the extent

16  that the increase is related to the ownership, management, or

17  operations of the SESP provider.

18         (o)  "SESP fund" means, for each SESP provider, its

19  full offset amount less its conversion costs.

20         (p)  "SESP provider" means an entity designated under

21  this section to receive investments from investors and invest

22  its SESP fund in economic development projects.

23         (3)  SESP PROVIDER APPLICATION.--

24         (a)  To seek a designation as a SESP provider to the

25  state, a SESP provider applicant shall submit to the

26  department an application by November 1, 2003.

27         (b)  Each SESP provider applicant shall demonstrate in

28  its application that it meets the following criteria:

29         1.  No principal of the SESP provider applicant shall

30  have been found guilty of a crime involving fraud, theft,

31  embezzlement, or moral turpitude;

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 1         2.  The SESP provider applicant shall include with its

 2  application copies of executed written commitments from

 3  potential investors committing to invest cash sufficient to

 4  acquire permitted debt instruments with a face value equal to

 5  at least 10 percent of the maximum full offset amount being

 6  allocated pursuant to subparagraph (5)(a)1.;

 7         3.  The SESP provider applicant, together with the

 8  members of its control group, as defined in Treasury

 9  Regulation 1.414(c)-2, shall have raised at least $50 million,

10  in the aggregate, for investment in small and emerging

11  businesses within the past 5 calendar years;

12         4.  The SESP provider applicant, together with its

13  affiliates, shall have raised at least $200 million for

14  investment purposes within the past 5 calendar years;

15         5.  The SESP provider shall be a bankruptcy-remote,

16  special purpose entity that has no purpose other than

17  participation under this act and all related activities; and

18         6.  No investor or affiliate of an investor shall own

19  any equity securities in the SESP provider or any affiliate of

20  the SESP provider.

21         (c)  The department shall perform background checks of

22  the principals of the SESP provider applicant to ensure

23  compliance with subparagraph (b)1.

24         (d)  The department may adopt additional rules to

25  govern the application process, including the preparation of

26  forms to be completed as a part of the application process, if

27  any such rules or forms have been adopted by the department at

28  least 30 days prior to the deadline for receipt of

29  applications.

30         (e)  The department may deny the application or rescind

31  the application of a SESP provider if the grounds for

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 1  rescission are not removed or corrected within 90 days after

 2  the notice of such grounds is received by the SESP provider

 3  applicant. The department may deny the application or rescind

 4  the application of a SESP provider applicant if the SESP

 5  provider applicant, or any principal or director of the SESP

 6  provider appliant, has:

 7         1.  Violated any provision of this section; or

 8         2.  Made a material misrepresentation or concealed any

 9  essential or material fact from any person during the

10  application process or in connection with the information and

11  reports required of SESP providers under section 3 of this

12  act.

13         (f)  A SESP provider applicant must file an application

14  in the form prescribed by the department accompanied by a

15  nonrefundable application fee of $7,500. The application must

16  include an audited balance sheet of the SESP provider

17  applicant, with an unqualified opinion from an independent

18  certified public accountant, as of a date not more than 35

19  days before the date of the application.

20         (g)  The SESP provider applicant must have incorporated

21  or organized within the state no later than 15 days before

22  applying for certification.

23         (h)  The SESP provider appliant must have established

24  an office within the state before or within 60 days of SESP

25  provider status.

26         (4)  ALLOCATION PROCESS.--

27         (a)  The maximum full offset amount to be allocated to

28  SESP providers pursuant to this section shall be an amount

29  equal to the aggregate of all allocation claims received by

30  the department by the department's stated deadline, if such

31  allocation is limited to $200 million.

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 1         (b)  No single investor, together with its affiliates,

 2  shall invest or commit to invest more than 20 percent of the

 3  maximum full offset amount in all SESP providers.

 4         (c)  The SESP provider allocation process shall occur

 5  on or before 60 days following the SESP provider application

 6  deadline and shall include all SESP providers, so designated

 7  by the department as of the SESP application deadline.

 8         (d)  Each SESP provider must apply to the department

 9  for an allocation of offsets for potential investors on a form

10  developed by the department. The form must be accompanied by

11  an affidavit from each potential investor confirming that the

12  potential investor has agreed to make an investment in a

13  permitted debt instrument issued by a SESP provider up to a

14  specified amount, subject only to the offset allocation

15  pursuant to this subsection. A SESP provider may not submit

16  offset allocation claims on behalf of investors that, in the

17  aggregate, total more than the maximum full offset amount

18  authorized under paragraph (5)(a). An allocation may not be

19  made to the potential investors of a SESP provider unless such

20  SESP provider has met all requirements of subsection (3), and

21  has filed allocation claims of not less than $20 million in

22  the aggregate.

23         (e)  The department shall inform each SESP provider of

24  its share of full offsets available for allocation to each of

25  its potential investors.

26         (f)  If within 10 business days after the investor

27  received a notice of offset allocation a SESP provider does

28  not receive investments sufficient to purchase permitted debt

29  instruments issued by the SESP provider to a potential

30  investor, the SESP provider shall notify the department by

31  overnight common carrier delivery service of the company's

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 1  failure to receive the investment. That portion of the offset

 2  allocated to the SESP provider shall be forfeited. If the

 3  office must make a pro rata allocation under subsection (5),

 4  the department shall reallocate such available offsets among

 5  the other SESP providers on the same pro rata basis as the

 6  initial allocation.

 7         (g)  If the full face amount of the permitted debt

 8  instruments offered by the SESP providers committed by all

 9  investors to SESP providers in offset allocation claims

10  received by a deadline set by the department exceeds the

11  aggregate cap on the amount of offsets, the offsets that may

12  be allowed to any one investor shall be allocated using the

13  following ratio:

14                       A/B = X/$200,000,000

15  where the letter "A" represents the full face amount that

16  investors have agreed to invest in any one SESP provider, the

17  letter "B" represents the aggregate face amount of investments

18  that all investors have agreed to invest in all SESP

19  providers, the letter "X" is the numerator and represents the

20  full amount of offsets or full offset amount that may be

21  allocated to a SESP provider on a date determined by rule

22  adopted by the department, and $200 million is the denominator

23  and represents the full offset amount that may be allocated to

24  all SESP providers.

25         (h)  To the extent that the full face amount of

26  investments raised in connection with the procedure set forth

27  in this subsection is less than $200 million, the department

28  may adopt rules to allow a subsequent allocation of the

29  remaining offsets authorized under this subsection.

30         (i)  The department shall issue a certification letter

31  for each investor, showing the approved offset amount and the

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 1  face amount and price of the permitted debt instrument under

 2  which the investor invested in the SESP provider. The

 3  applicable SESP provider shall attest to the validity of the

 4  certification letter.

 5         (5)  SESP FUND INVESTMENT.--

 6         (a)  Until the SESP provider has invested 100 percent

 7  of the full offset amount in economic development projects,

 8  money in the SESP fund shall be used only for:

 9         1.  Investments in economic development projects;

10         2.  Permissible investments; and

11         3.  SESP costs.

12         (b)  The SESP provider may not make any payments, other

13  than SESP costs, to any affiliate or any other person owning

14  equity securities in the SESP provider has invested 100

15  percent of the full offset amount in economic development

16  projects.

17         (c)  All amounts invested in economic development

18  projects made by the SESP provider shall count toward the 100

19  percent-investment-requirement of paragraphs (b) and (c),

20  including money returned to the SESP provider by or as a

21  result of a prior investment in an economic development

22  project.

23         (d)  Any investment that is an economic development

24  project at the time of the SESP provider's initial investment

25  shall be classified as an economic development project for any

26  follow-on investment by the SESP provider so long as the

27  economic development project still meets the criteria in

28  subparagraphs (2)(e)1. and 2.

29         (e)  The SESP provider shall, within 24 months after

30  the fund allocation date, invest no less than 20 percent of

31  the full offset amount in economic development projects and,

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 1  within each 12 months thereafter, shall invest no less than an

 2  additional 10 percent until 100 percent of the full offset

 3  amount is invested. If, within the initial 24-month period or

 4  any 12-month period thereafter, the SESP provider fails to

 5  meet the investment target of this subsection, the management

 6  fee for that period shall be reduced by the percentage equal

 7  to the cumulative investments made divided by the cumulative

 8  investment target for that period subtracted from 100 percent.

 9  A determination of a reduction pursuant to this subsection

10  shall be made during the annual audit required by subsection

11  (6).

12         (f)  Any SESP funds not held in economic development

13  projects shall be held in cash or permissible investments.

14         (g)  The department shall approve a proposed investment

15  as an economic development project or a permissible

16  investment, as the case may be, within 20 days after its

17  receipt of a written request from the SESP provider. If the

18  department fails to respond within the 20-day period, the

19  proposed investment shall be deemed to be approved as an

20  economic development project or permissible investment, as

21  requested by the SESP provider. Absent fraud or material

22  misrepresentations by the SESP provider or its proposed

23  investee, the approval of the department pursuant to this

24  subsection shall be conclusive.

25         (6)  SESP PROVIDER; REPORTS.--

26         (a)  Within 30 days after the fund allocation date, the

27  SESP provider shall report to the department and the Chief

28  Financial Officer the following:

29         1.  The name of each investor from whom an investment

30  was received, including the investor's identification number;

31         2.  The amount of each investor's investment; and

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 1         3.  The date on which the money was received.

 2         (b)  Within 90 days after an economic development

 3  project investment made by the SESP provider, the SESP

 4  provider shall report to the department the following:

 5         1.  The name and address of each project receiving the

 6  investment and a description of its business;

 7         2.  The amount of the investment and a brief

 8  description of the terms;

 9         3.  The date on which the money was received; and

10         4.  Any other information required by the department.

11         (c)  Not later than each anniversary of the fund

12  allocation date, the SESP provider shall report to the

13  department the amount the SESP provider has invested in

14  economic development projects during the previous year, the

15  percentage of the SESP funds invested to determine the

16  threshold required in paragraph (5)(f), along with a copy of

17  the material documentation pertaining to the investment, and

18  any other information required by the department.

19         (d)  Not later than April 30 of each year, the SESP

20  provider shall provide to the department an annual audited

21  financial statement for the SESP provider which includes the

22  opinion of an independent accountant.

23         (e)  Upon investment in economic development projects

24  equaling 100 percent of the full offset amount, the SESP

25  provider shall no longer be subject to the State Economic

26  Stimulus Plan Act.

27         (7)  SESP PROVIDER ASSESSMENT OFFSETS.--

28         (a)  Each investor that makes an investment in the SESP

29  provider shall earn offsets against future assessments under

30  ss. 448.49 and 440.51 equal to the face amount of the

31  permitted debt instrument offered by the SESP provider, issued

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 1  to the investors and evidencing their investment of cash in

 2  the SESP provider. Such offsets shall be earned on the fund

 3  allocation date.

 4         (b)  Each investor investing in the SESP provider may:

 5         1.  Take up to 10 percent of the vested assessment

 6  offsets against investor assessments each year for 10

 7  consecutive years, beginning with the annual return filed with

 8  respect to the fund allocation date;

 9         2.  Reduce its estimated payments of assessment

10  liability for each year for which offsets are available to

11  offset assessment liability by the same percentage as the

12  percentage payment due on each estimated payment date; and

13         3.  Credits shall first be applied to assessments under

14  s. 440.49 and any credit remaining after that application

15  shall be applied to the assessments under s. 440.51.

16         (c)  The offsets against assessments which are used by

17  an investor with respect to any year may not exceed the full

18  assessment liability of the investor for that year.

19         (d)  Any offsets against assessments which an investor

20  is permitted to use under paragraphs (a) and (b) but is unable

21  to use because of paragraph (c), may be carried forward

22  indefinitely and used to offset the investor's assessment

23  liability in any subsequent year in which the investor has

24  sufficient assessment liability, including in a year in which

25  the investor also uses assessment offsets that are allocated

26  to that year under paragraph (b).

27         (e)  An investor that has invested in the SESP provider

28  is not required to reduce the amount of assessment including

29  by the investor in connection with the ratemaking for any

30  insurance contract written in this department because of a

31  

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 1  reduction in the investor's assessment derived from the

 2  offsets granted under this subsection.

 3         (f)  If the assessments that an investor does not pay

 4  by virtue of the offsets earned under this subsection would

 5  constitute a credit against another tax or assessment if paid,

 6  the investor shall continue to earn the credit as though the

 7  offset assessments were paid by cash.

 8         (g)  An investor may transfer the offsets it earns

 9  under this subsection to another investor if the transferor

10  delivers to the director of the Office of Insurance Regulation

11  within 30 days after the transfer a written notice indicating

12  the name of the transferee, the amount of offsets being

13  transferred and the year or years to which such offsets are

14  allocable as provided in paragraph (b).

15         Section 11.  Section 1004.225, Florida Statutes, is

16  amended to read:

17         1004.225  Florida Technology Development Act.--

18         (1)  This section may be cited as the "Florida

19  Technology Development Act."

20         (2)  "Center of excellence," as used in this section,

21  means an organization of personnel, facilities, and equipment

22  established at or in collaboration with one or more

23  universities in Florida to accomplish the purposes and

24  objectives of this section. The purposes and objectives of a

25  center of excellence include:

26         (a)  Identifying and pursuing opportunities for

27  university scholars, research center scientists and engineers,

28  and private businesses to form collaborative partnerships to

29  foster and promote the research required to develop

30  commercially promising, advanced, and innovative technologies

31  and to transfer those technologies to commercial sectors.

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 1         (b)  Acquiring and leveraging public and private sector

 2  funding to provide the totality of funds, personnel,

 3  facilities, equipment, and other resources needed to support

 4  the research required to develop commercially promising,

 5  advanced, and innovative technologies and to transfer those

 6  technologies to commercial sectors.

 7         (c)  Recruiting and retaining world class scholars,

 8  high-performing students, and leading scientists and engineers

 9  in technology disciplines to engage in research in this state

10  to develop commercially promising, advanced, and innovative

11  technologies.

12         (d)  Enhancing and expanding technology curricula and

13  laboratory resources at universities and research centers in

14  this state.

15         (e)  Increasing the number of high-performing students

16  in technology disciplines who graduate from universities in

17  this state and pursue careers in this state.

18         (f)  Stimulating and supporting the inception, growth,

19  and diversification of technology-based businesses and

20  ventures in Florida and increasing employment opportunities

21  for the workforce needed to support such businesses.

22         (3)  Subject to legislative appropriation, The Emerging

23  Technology Commission, or "commission," is created within the

24  Executive Office of the Governor to guide the establishment of

25  centers of excellence.

26         (a)  The commission shall consist of five regular

27  members appointed by the Governor, one of whom the Governor

28  shall appoint as chair of the commission; two regular members

29  appointed by the President of the Senate; two regular members

30  appointed by the Speaker of the House of Representatives;

31  before January 7, 2003, the Secretary of Education as an ex

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 1  officio nonvoting member; effective January 7, 2003, the

 2  Commissioner of Education as an ex officio nonvoting member;

 3  and, as ex officio nonvoting members, the member of the Senate

 4  and the member of the House of Representatives who serve as

 5  members of the Florida Research Consortium, Inc. The regular

 6  members shall be business leaders, industrial researchers,

 7  academic researchers, scientists, or engineers who have been

 8  recognized as leaders in the state's emerging and advanced

 9  technology sectors. Regular members must be appointed on or

10  before July 1, 2002.

11         (b)  Members of the commission shall serve without

12  compensation but shall be entitled to receive per diem and

13  travel expenses in accordance with s. 112.061 while in

14  performance of their duties.

15         (c)  The Executive Office of the Governor shall provide

16  staff support for the activities of the commission and per

17  diem and travel expenses for commission members.

18         (4)  By August 1, 2002, Florida Research Consortium,

19  Inc., shall provide a report to the commission which describes

20  in detail and prioritizes factors that contribute to the

21  success of the creation of centers of excellence. At a

22  minimum, the report should describe and prioritize the

23  following factors:

24         (a)  Maturity of existing university programs relating

25  to a proposed center of excellence.

26         (b)  Existing amount of university resources dedicated

27  to activities relating to a proposed center of excellence.

28         (c)  Comprehensiveness and effectiveness of site plans

29  relating to a proposed center of excellence.

30         (d)  Regional economic structure and climate.

31  

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 1         (e)  The degree to which a university proposed to house

 2  a center of excellence identifies and seizes opportunities to

 3  collaborate with other public or private entities for research

 4  purposes.

 5         (f)  The presence of a comprehensive performance and

 6  accountability measurement system.

 7         (g)  The use of an integrated research and development

 8  strategy utilizing multiple levels of the educational system.

 9         (h)  The ability of a university proposed to house a

10  center of excellence to raise research funds and leverage

11  public and private investment dollars to support advanced and

12  emerging technological research and development projects.

13         (i)  The degree to which a university proposed to house

14  a center of excellence transfers advanced and emerging

15  technologies from its laboratories to the commercial sector.

16         (j)  The degree to which a university proposed to house

17  a center of excellence stimulates and supports new venture

18  creation.

19         (k)  The existence of a plan to enhance academic

20  curricula by improving communication between academia and

21  industry.

22         (l)  The existence of a plan to increase the number,

23  quality, and retention rate of faculty, graduate students, and

24  eminent scholars in advanced and emerging technology-based

25  disciplines.

26         (m)  The existence of a plan to increase the likelihood

27  of faculty, graduate students, and eminent scholars pursuing

28  private sector careers in the state.

29         (n)  Ability to provide capital facilities necessary to

30  support research and development.

31  

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 1         (5)  By September 15, 2002, the commission shall

 2  develop and approve criteria for evaluating proposals

 3  submitted under this section subsection (6). When developing

 4  such criteria, the commission shall consider the report

 5  provided by Florida Research Consortium, Inc., under

 6  subsection (4) and hold at least two public hearings, at times

 7  and locations designated by the chair of the commission, for

 8  the purpose of soliciting expert testimony. By October 1,

 9  2002, the commission shall provide a list of such criteria to

10  each university in the State University System and to the

11  State Technology Office for publishing on the Internet within

12  24 hours after the office's receipt of the list.

13         (6)  Concurrent with the provision of the list of

14  criteria to the universities, the commission shall notify each

15  university, in writing, of the opportunity to submit to the

16  commission written proposals for establishing one or more

17  centers of excellence. Proposals must specifically address the

18  evaluation criteria developed by the commission and delineate

19  how funding would be used to develop one or more centers of

20  excellence. Proposals must be submitted to the commission by

21  December 1, 2002. Notwithstanding this deadline, the

22  commission, upon an affirmative vote of a majority of its

23  members, may accept a proposal submitted after the deadline.

24         (7)  By February 1, 2003, the commission shall submit

25  to the State Board of Education a minimum of two, but no more

26  than five, recommended plans for the establishment of one or

27  more centers of excellence in the state. Recommended plans

28  must specifically address the evaluation criteria developed by

29  the commission and delineate how funding would be used to

30  develop one or more centers of excellence. When developing

31  such recommended plans, the commission shall consider the

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 1  university proposals submitted under subsection (6) and hold

 2  at least three public hearings, at times and locations

 3  designated by the chair of the commission, for the purpose of

 4  soliciting expert testimony including, but not limited to,

 5  viewing presentations of university proposals.

 6         (8)  By March 15, 2003, the State Board of Education

 7  shall develop and approve a final plan for the establishment

 8  of one or more centers of excellence in the state and

 9  authorize expenditures for implementation of the plan. The

10  final plan must allocate at least $10 million to each center

11  of excellence established by the plan. When developing this

12  final plan, the board shall consider the commission's

13  recommended plans submitted under subsection (7) and hold at

14  least one public hearing for the purpose of soliciting expert

15  testimony. The final plan must include performance and

16  accountability measures that can be used to assess the

17  progress of plan implementation and the success of the centers

18  of excellence established under the final plan. By March 22,

19  2003, the board shall provide a copy of the final plan to the

20  Governor, the President of the Senate, and the Speaker of the

21  House of Representatives.

22         (9)  Beginning June 30, 2003, the commission shall

23  report quarterly, in writing, to the Commissioner of Education

24  on the progress of the implementation of the final plan

25  approved under subsection (8) and the success of the centers

26  of excellence established under that plan.

27         (10)(a)  Notwithstanding any provision in this section

28  to the contrary, and subject to appropriation by the

29  Legislature in the General Appropriations Act for fiscal year

30  2003-2004, the commission shall, by August 1, 2003, reissue

31  the list of criteria developed and approved under subsection

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 1  (5) to each university in the state and to the State

 2  Technology Office for publishing on the Internet within 24

 3  hours after the office's receipt of the list.

 4         (b)  Concurrent with the provision of the list of

 5  criteria under paragraph (a), the commission shall notify each

 6  university, in writing, of the opportunity to submit to the

 7  commission written proposals for establishing one center of

 8  excellence under this subsection, which center shall be in

 9  addition to any centers of excellence established under other

10  provisions of this section. Proposals must specifically

11  address the evaluation criteria developed by the commission

12  and delineate how funding would be used to develop the center

13  of excellence. Proposals must be submitted to the commission

14  before October 1, 2003.

15         (c)  By December 1, 2003, the commission shall submit

16  to the State Board of Education a recommended plan for the

17  establishment of one center of excellence under this

18  subsection. The recommended plan must specifically address the

19  evaluation criteria developed by the commission and delineate

20  how funding would be used to develop the center of excellence.

21  When developing the recommended plan, the commission shall

22  consider the proposals submitted under this subsection and

23  hold at least two public hearings, at times and locations

24  designated by the chair of the commission, for the purpose of

25  soliciting expert testimony, including, but not limited to,

26  viewing presentations of university proposals.

27         (d)  By February 1, 2004, the State Board of Education

28  shall develop and approve a final plan for the establishment

29  of one center of excellence in the state under this subsection

30  and authorize expenditures for implementation of the plan. The

31  board shall consider the commission's recommended plan under

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 1  paragraph (c) and hold at least one public hearing for the

 2  purpose of soliciting expert testimony. The final plan must

 3  include performance and accountability measures that can be

 4  used to assess the progress of plan implementation and the

 5  success of the center of excellence established under the

 6  final plan. By February 15, 2004, the board shall provide a

 7  copy of the final plan to the Governor, the President of the

 8  Senate, and the Speaker of the House of Representatives.

 9         (e)  Beginning June 30, 2004, the commission shall

10  report quarterly, in writing, to the Commissioner of Education

11  on the progress of the implementation of the final plan

12  approved under paragraph (d) and the success of the center of

13  excellence established under that plan.

14         (11)(10)  This section expires July 1, 2005 2004.

15         Section 12.  The sum of $50,000 is appropriated from

16  the General Revenue Fund to the Executive Office of the

17  Governor for the purpose of providing staff and administrative

18  support to the Emerging Technology Commission and per diem and

19  travel expenses for commission members during the 2003-2004

20  fiscal year.

21         Section 13.  This act shall take effect July 1, 2003.

22  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                     CS/CS/SB 2328 & SB 2252

 3                                 

 4  This committee substitute removes a decrease in the threshold
    for business equipment that is tax exempt when purchased for
 5  use in an enterprise zone from $5000 to $500.  It also removes
    a provision that broadened the eligibility for capital
 6  investment tax credits.  It adds an amendment to the Passport
    to Economic Progress demonstration program, incorporating
 7  recommendations made by Workforce Florida, Inc.  It provides
    an appropriation from TANF funds.  It adds a new section of
 8  law that provides offsets against casualty insurance
    assessments for investments made in State Economic Stimulus
 9  Plan (SESP) providers.  It amends the Florida Technology
    Development Act and provides for the creation of one center of
10  excellence, subject to an appropriation.  It provides an
    appropriation to the Executive Office of the Governor to
11  provide support staff and travel and per diem expenses for the
    Emerging Technology Commission.
12  

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