SENATE AMENDMENT
    Bill No. HB 691, 1st Eng.
    Amendment No. ___   Barcode 405396
                            CHAMBER ACTION
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11  Senator Garcia moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Paragraph (h) of subsection (1) of section
18  220.191, Florida Statutes, is amended to read:
19         220.191  Capital investment tax credit.--
20         (1)  DEFINITIONS.--For purposes of this section:
21         (h)  "Qualifying project" means:
22         1.  A new or expanding facility in this state which
23  creates at least 100 new jobs in this state and is in one of
24  the high-impact sectors identified by Enterprise Florida,
25  Inc., and certified by the office pursuant to s. 288.108(6),
26  including, but not limited to, aviation, aerospace,
27  automotive, and silicon technology industries; or.
28         2.  A new financial services facility in this state
29  which creates at least 2,000 new jobs in this state, pays an
30  average annual wage of at least $50,000, and makes a capital
31  investment of at least $30 million. This subparagraph expires
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SENATE AMENDMENT Bill No. HB 691, 1st Eng. Amendment No. ___ Barcode 405396 1 June 30, 2004. 2 Section 2. Paragraph (e) of subsection (1) and 3 paragraph (b) of subsection (4) of section 288.1045, Florida 4 Statutes, are amended to read: 5 288.1045 Qualified defense contractor tax refund 6 program.-- 7 (1) DEFINITIONS.--As used in this section: 8 (e) "Department of Defense contract" means a 9 competitively bid Department of Defense contract or 10 subcontract or a competitively bid federal agency contract or 11 subcontract issued on behalf of the Department of Defense for 12 manufacturing, assembling, fabricating, research, development, 13 or design with a duration of 2 or more years, but excluding 14 any contract or subcontract to provide goods, improvements to 15 real or tangible property, or services directly to or for any 16 particular military base or installation in this state. The 17 term includes contracts or subcontracts for products or 18 services for military or homeland security use which contracts 19 or subcontracts are approved by the United States Department 20 of Defense, the United States Department of State, or the 21 United States Department of Homeland Security Coast Guard. 22 (4) QUALIFIED DEFENSE CONTRACTOR TAX REFUND 23 AGREEMENT.-- 24 (b) Compliance with the terms and conditions of the 25 agreement is a condition precedent for receipt of tax refunds 26 each year. The failure to comply with the terms and conditions 27 of the agreement shall result in the loss of eligibility for 28 receipt of all tax refunds previously authorized pursuant to 29 this section, and the revocation of the certification as a 30 qualified applicant by the director, unless the qualified 31 applicant is eligible to receive and elects to accept a 2 1:50 PM 04/28/03 h0691.cm40.0a
SENATE AMENDMENT Bill No. HB 691, 1st Eng. Amendment No. ___ Barcode 405396 1 prorated refund under paragraph (5)(g) or the office grants 2 the qualified applicant an economic-stimulus exemption. 3 1. A qualified applicant may submit, in writing, a 4 request to the office for an economic-stimulus exemption. The 5 request must provide quantitative evidence demonstrating how 6 negative economic conditions in the qualified applicant's 7 industry, or specific acts of terrorism affecting the 8 qualified applicant, have prevented the qualified applicant 9 from complying with the terms and conditions of its tax refund 10 agreement. 11 2. Upon receipt of a request under subparagraph 1., 12 the director shall have 45 days to notify the requesting 13 qualified applicant, in writing, if its exemption has been 14 granted or denied. In determining if an exemption should be 15 granted, the director shall consider the extent to which 16 negative economic conditions in the requesting qualified 17 applicant's industry, or specific acts of terrorism affecting 18 the qualified applicant, have prevented the qualified 19 applicant from complying with the terms and conditions of its 20 tax refund agreement. 21 3. As a condition for receiving a prorated refund 22 under paragraph (5)(g) or an economic-stimulus exemption under 23 this paragraph, a qualified applicant must agree to 24 renegotiate its tax refund agreement with the office to, at a 25 minimum, ensure that the terms of the agreement comply with 26 current law and office procedures governing application for 27 and award of tax refunds. Upon approving the award of a 28 prorated refund or granting an economic-stimulus exemption, 29 the office shall renegotiate the tax refund agreement with the 30 qualified applicant as required by this subparagraph. When 31 amending the agreement of a qualified applicant receiving an 3 1:50 PM 04/28/03 h0691.cm40.0a
SENATE AMENDMENT Bill No. HB 691, 1st Eng. Amendment No. ___ Barcode 405396 1 economic-stimulus exemption, the office may extend the 2 duration of the agreement for a period not to exceed 1 year. 3 4. A qualified applicant may submit a request for an 4 economic-stimulus exemption to the office in lieu of any tax 5 refund claim scheduled to be submitted after January 1, 2001, 6 but before June 30, 2004 July 1, 2003. However, a qualified 7 applicant that has received at least one economic-stimulus 8 exemption may not apply for an additional exemption. 9 5. A qualified applicant that receives an 10 economic-stimulus exemption may not receive a tax refund for 11 the period covered by the exemption. 12 Section 3. Paragraph (o) of subsection (1) and 13 paragraph (b) of subsection (4) of section 288.106, Florida 14 Statutes, are amended to read: 15 288.106 Tax refund program for qualified target 16 industry businesses.-- 17 (1) DEFINITIONS.--As used in this section: 18 (o) "Target industry business" means a corporate 19 headquarters business or any business that is engaged in one 20 of the target industries identified pursuant to the following 21 criteria developed by the office in consultation with 22 Enterprise Florida, Inc.: 23 1. Future growth.--Industry forecasts should indicate 24 strong expectation for future growth in both employment and 25 output, according to the most recent available data. Special 26 consideration should be given to Florida's growing access to 27 international markets or to replacing imports. 28 2. Stability.--The industry should not be subject to 29 periodic layoffs, whether due to seasonality or sensitivity to 30 volatile economic variables such as weather. The industry 31 should also be relatively resistant to recession, so that the 4 1:50 PM 04/28/03 h0691.cm40.0a
SENATE AMENDMENT Bill No. HB 691, 1st Eng. Amendment No. ___ Barcode 405396 1 demand for products of this industry is not necessarily 2 subject to decline during an economic downturn. 3 3. High wage.--The industry should pay relatively high 4 wages compared to statewide or area averages. 5 4. Market and resource independent.--The location of 6 industry businesses should not be dependent on Florida markets 7 or resources as indicated by industry analysis. 8 5. Industrial base diversification and 9 strengthening.--The industry should contribute toward 10 expanding or diversifying the state's or area's economic base, 11 as indicated by analysis of employment and output shares 12 compared to national and regional trends. Special 13 consideration should be given to industries that strengthen 14 regional economies by adding value to basic products or 15 building regional industrial clusters as indicated by industry 16 analysis. Special consideration also should be given to 17 developing strong industrial clusters, including defense and 18 homeland security. 19 6. Economic benefits.--The industry should have strong 20 positive impacts on or benefits to the state and regional 21 economies. 22 23 The office, in consultation with Enterprise Florida, Inc., 24 shall develop a list of such target industries annually and 25 submit such list as part of the final agency legislative 26 budget request submitted pursuant to s. 216.023(1). A target 27 industry business may not include any industry engaged in 28 retail activities; any electrical utility company; any 29 phosphate or other solid minerals severance, mining, or 30 processing operation; any oil or gas exploration or production 31 operation; or any firm subject to regulation by the Division 5 1:50 PM 04/28/03 h0691.cm40.0a
SENATE AMENDMENT Bill No. HB 691, 1st Eng. Amendment No. ___ Barcode 405396 1 of Hotels and Restaurants of the Department of Business and 2 Professional Regulation. 3 (4) TAX REFUND AGREEMENT.-- 4 (b) Compliance with the terms and conditions of the 5 agreement is a condition precedent for the receipt of a tax 6 refund each year. The failure to comply with the terms and 7 conditions of the tax refund agreement results in the loss of 8 eligibility for receipt of all tax refunds previously 9 authorized under this section and the revocation by the 10 director of the certification of the business entity as a 11 qualified target industry business, unless the business is 12 eligible to receive and elects to accept a prorated refund 13 under paragraph (5)(d) or the office grants the business an 14 economic-stimulus exemption. 15 1. A qualified target industry business may submit, in 16 writing, a request to the office for an economic-stimulus 17 exemption. The request must provide quantitative evidence 18 demonstrating how negative economic conditions in the 19 business's industry, or specific acts of terrorism affecting 20 the qualified target industry business, have prevented the 21 business from complying with the terms and conditions of its 22 tax refund agreement. 23 2. Upon receipt of a request under subparagraph 1., 24 the director shall have 45 days to notify the requesting 25 business, in writing, if its exemption has been granted or 26 denied. In determining if an exemption should be granted, the 27 director shall consider the extent to which negative economic 28 conditions in the requesting business's industry, or specific 29 acts of terrorism affecting the qualified target industry 30 business, have prevented the business from complying with the 31 terms and conditions of its tax refund agreement. 6 1:50 PM 04/28/03 h0691.cm40.0a
SENATE AMENDMENT Bill No. HB 691, 1st Eng. Amendment No. ___ Barcode 405396 1 3. As a condition for receiving a prorated refund 2 under paragraph (5)(d) or an economic-stimulus exemption under 3 this paragraph, a qualified target industry business must 4 agree to renegotiate its tax refund agreement with the office 5 to, at a minimum, ensure that the terms of the agreement 6 comply with current law and office procedures governing 7 application for and award of tax refunds. Upon approving the 8 award of a prorated refund or granting an economic-stimulus 9 exemption, the office shall renegotiate the tax refund 10 agreement with the business as required by this subparagraph. 11 When amending the agreement of a business receiving an 12 economic-stimulus exemption, the office may extend the 13 duration of the agreement for a period not to exceed 1 year. 14 4. A qualified target industry business may submit a 15 request for an economic-stimulus exemption to the office in 16 lieu of any tax refund claim scheduled to be submitted after 17 January 1, 2001, but before June 30, 2004 July 1, 2003. 18 However, a qualified target industry business that has 19 received at least one economic-stimulus exemption may not 20 apply for an additional exemption. 21 5. A qualified target industry business that receives 22 an economic-stimulus exemption may not receive a tax refund 23 for the period covered by the exemption. 24 Section 4. Subsection (4) is added to section 25 288.1088, Florida Statutes, to read: 26 288.1088 Quick Action Closing Fund.-- 27 (4) The Governor may, in an emergency or special 28 circumstance and with the approval of the President of the 29 Senate and the Speaker of the House of Representatives, 30 reallocate unencumbered funds appropriated to the Quick Action 31 Closing Fund to supplement statutorily created economic 7 1:50 PM 04/28/03 h0691.cm40.0a
SENATE AMENDMENT Bill No. HB 691, 1st Eng. Amendment No. ___ Barcode 405396 1 development programs and operations. The Executive Office of 2 the Governor shall recommend approval of the transfer and 3 release of funds pursuant to the legislative consultation and 4 review requirements set forth in s. 216.177. 5 Section 5. Section 445.048, Florida Statutes, is 6 amended to read: 7 445.048 Passport to Economic Progress demonstration 8 program.-- 9 (1) AUTHORIZATION.--Notwithstanding any law to the 10 contrary, Workforce Florida, Inc., in conjunction with the 11 Department of Children and Family Services and the Agency for 12 Workforce Innovation, shall implement a Passport to Economic 13 Progress demonstration program by November 1, 2001, consistent 14 with the provisions of this section in Hillsborough, and 15 Manatee, and Sarasota counties. Workforce Florida, Inc., must 16 consult with the applicable regional workforce boards and the 17 applicable local offices of the department which serve the 18 demonstration areas and must encourage community input into 19 the implementation process. 20 (2) WAIVERS.--If Workforce Florida, Inc., in 21 consultation with the Department of Children and Family 22 Services, finds that federal waivers would facilitate 23 implementation of the demonstration program, the department 24 shall immediately request such waivers, and Workforce Florida, 25 Inc., shall report to the Governor, the President of the 26 Senate, and the Speaker of the House of Representatives if any 27 refusal of the federal government to grant such waivers 28 prevents the implementation of the demonstration program. If 29 Workforce Florida, Inc., finds that federal waivers to 30 provisions of the Food Stamp Program would facilitate 31 implementation of the demonstration program, the Department of 8 1:50 PM 04/28/03 h0691.cm40.0a
SENATE AMENDMENT Bill No. HB 691, 1st Eng. Amendment No. ___ Barcode 405396 1 Children and Family Services shall immediately request such 2 waivers in accordance with s. 414.175. 3 (3) INCOME DISREGARD.--In order to provide an 4 additional incentive for employment, and notwithstanding the 5 amount specified in s. 414.095(12), for individuals residing 6 in the areas designated for this demonstration program, the 7 first $300 plus one-half of the remainder of earned income 8 shall be disregarded in determining eligibility for temporary 9 cash assistance. All other conditions and requirements of s. 10 414.095(12) shall continue to apply to such individuals. 11 (3)(4) TRANSITIONAL BENEFITS AND SERVICES.--In order 12 to assist them in making the transition to economic 13 self-sufficiency, former recipients of temporary cash 14 assistance residing within the areas designated for this 15 demonstration program shall be eligible for the following 16 benefits and services: 17 (a) Notwithstanding the time period specified in s. 18 445.030, transitional education and training support services 19 as specified in s. 445.030 for up to 4 years after the family 20 is no longer receiving temporary cash assistance; 21 (b) Notwithstanding the time period specified in s. 22 445.031, transitional transportation support services as 23 specified in s. 445.031 for up to 4 years after the family is 24 no longer receiving temporary cash assistance; and 25 (c) Notwithstanding the time period specified in s. 26 445.032, transitional child care as specified in s. 445.032 27 for up to 4 years after the family is no longer receiving 28 temporary cash assistance. 29 30 All other provisions of ss. 445.030, 445.031, and 445.032 31 shall apply to such individuals, as appropriate. This 9 1:50 PM 04/28/03 h0691.cm40.0a
SENATE AMENDMENT Bill No. HB 691, 1st Eng. Amendment No. ___ Barcode 405396 1 subsection does not constitute an entitlement to transitional 2 benefits and services. If funds are insufficient to provide 3 benefits and services under this subsection, the board of 4 directors of Workforce Florida, Inc., may limit such benefits 5 and services or otherwise establish priorities for the 6 provisions of such benefits and services. 7 (4) INCENTIVES TO ECONOMIC SELF-SUFFICIENCY.-- 8 (a) The Legislature finds that: 9 1. There are former recipients of temporary cash 10 assistance who are working full time but whose incomes are 11 below the poverty level. 12 2. Having incomes below the federal poverty level 13 makes such individuals particularly vulnerable to reliance on 14 public assistance despite their best efforts to achieve or 15 maintain economic independence through employment. 16 3. It is necessary to implement a performance-based 17 program that defines economic incentives for achieving 18 specific benchmarks toward self-sufficiency while the 19 individual is working full time. 20 (b) Workforce Florida, Inc., in cooperation with the 21 Department of Children and Family Services and the Agency for 22 Workforce Innovation, shall offer performance-based incentive 23 bonuses as a component of the Passport to Economic Progress 24 demonstration program in the areas of the state which are 25 designated for the demonstration program. The bonuses do not 26 represent a program entitlement and shall be contingent on 27 achieving specific benchmarks prescribed in the 28 self-sufficiency plan. If the funds appropriated for this 29 purpose are insufficient to provide this financial incentive, 30 the board of directors of Workforce Florida, Inc., shall 31 reduce or suspend the bonuses in order not to exceed the 10 1:50 PM 04/28/03 h0691.cm40.0a
SENATE AMENDMENT Bill No. HB 691, 1st Eng. Amendment No. ___ Barcode 405396 1 appropriation. 2 (5) WAGE SUPPLEMENTATION.-- 3 (a) The Legislature finds that: 4 1. There are former recipients of temporary cash 5 assistance who are working full time but whose incomes are 6 below the federal poverty level. 7 2. Having incomes below the federal poverty level 8 makes such individuals particularly vulnerable to reliance on 9 public assistance despite their best efforts to achieve or 10 maintain economic independence through employment. 11 3. It is necessary to supplement the wages of such 12 individuals for a limited period of time in order to assist 13 them in fulfilling the transition to economic 14 self-sufficiency. 15 (b) Workforce Florida, Inc., in cooperation with the 16 Department of Children and Family Services and the Agency for 17 Workforce Innovation, shall create a transitional wage 18 supplementation program by November 1, 2001, as a component of 19 the Passport to Economic Progress demonstration program in the 20 areas designated for the demonstration program. This wage 21 supplementation program does not constitute an entitlement to 22 wage supplementation. If funds appropriated are insufficient 23 to provide wage supplementation, the board of directors of 24 Workforce Florida, Inc., may limit wage supplementation or 25 otherwise establish priorities for wage supplementation. 26 (c) To be eligible for an incentive bonus wage 27 supplementation under this subsection, an individual must: 28 1. Be a former recipient of temporary cash assistance 29 who last received such assistance on or after January 1, 2000; 30 2. Be employed full time, which for the purposes of 31 this subsection means employment averaging at least 32 hours 11 1:50 PM 04/28/03 h0691.cm40.0a
SENATE AMENDMENT Bill No. HB 691, 1st Eng. Amendment No. ___ Barcode 405396 1 per week until the United States Congress enacts legislation 2 reauthorizing the Temporary Assistance for Needy Families 3 block grant, and, after the reauthorization, means employment 4 complying with the employment requirements of the reauthorized 5 law; and 6 3. Have an average family income for the 6 months 7 preceding the date of application for an incentive bonus wage 8 supplementation which is less than 100 percent of the federal 9 poverty level. 10 (d) Workforce Florida, Inc., shall determine the 11 schedule for the payment of wage supplementation under this 12 subsection. An individual eligible for wage supplementation 13 under this subsection may receive a payment that equals the 14 amount necessary to bring the individual's total family income 15 for the period covered by the payment to 100 percent of the 16 federal poverty level. An individual may not receive wage 17 supplementation payments for more than a total of 12 months. 18 (e) The wage supplementation program authorized by 19 this subsection shall be administered through the regional 20 workforce boards and the one-stop delivery system, under 21 policy guidelines, criteria, and applications developed by 22 Workforce Florida, Inc., in cooperation with the Department of 23 Children and Family Services and the Agency for Workforce 24 Innovation. To the maximum extent possible, the regional 25 workforce boards shall use electronic debit card technologies 26 to provide wage supplementation payments under this program. 27 (5)(6) EVALUATIONS AND RECOMMENDATIONS.--Workforce 28 Florida, Inc., in conjunction with the Department of Children 29 and Family Services, the Agency for Workforce Innovation, and 30 the regional workforce boards in the areas designated for this 31 demonstration program, shall conduct a comprehensive 12 1:50 PM 04/28/03 h0691.cm40.0a
SENATE AMENDMENT Bill No. HB 691, 1st Eng. Amendment No. ___ Barcode 405396 1 evaluation of the effectiveness of the demonstration program 2 operated under this section. By January 1, 2005 2003, 3 Workforce Florida, Inc., shall submit a report on such 4 evaluation to the Governor, the President of the Senate, and 5 the Speaker of the House of Representatives. The report must 6 include recommendations as to whether the demonstration 7 program should be expanded to other service areas or statewide 8 and whether the program should be revised to enhance its 9 administration or effectiveness. 10 (6)(7) CONFLICTS.--If there is a conflict between the 11 implementation procedures described in this section and 12 federal requirements and regulations, federal requirements and 13 regulations shall control. 14 Section 6. The sum of $1,785,000 is appropriated for 15 the 2003-2004 fiscal year from the Federal Grants Trust Fund 16 to the Department of Children and Family Services to provide 17 bonus payments pursuant to section 445.048(4), Florida 18 Statutes, and the sum of $1,074,200 is appropriated for the 19 2003-2004 fiscal year from the Welfare Transition Trust Fund 20 to the Agency for Workforce Innovation to extend transitional 21 benefits and services. 22 Section 7. This act shall take effect upon becoming a 23 law. 24 25 26 ================ T I T L E A M E N D M E N T =============== 27 And the title is amended as follows: 28 Delete everything before the enacting clause 29 30 and insert: 31 A bill to be entitled 13 1:50 PM 04/28/03 h0691.cm40.0a
SENATE AMENDMENT Bill No. HB 691, 1st Eng. Amendment No. ___ Barcode 405396 1 An act relating to economic stimulus; amending 2 s. 220.191, F.S.; redefining the term 3 "qualifying project" for purposes of capital 4 investment tax credits; amending s. 288.1045, 5 F.S.; revising the definition of "Department of 6 Defense contract" under the tax refund program 7 for qualified defense contractors; extending 8 the period applicable to a program exemption 9 under certain conditions; amending s. 288.106, 10 F.S.; providing for special consideration to be 11 given to defense and homeland security under 12 the tax refund program for qualified target 13 industry businesses; extending the period 14 applicable to a program exemption under certain 15 conditions; amending s. 288.1088, F.S.; 16 revising requirements and providing powers of 17 the Governor with respect to using funds in the 18 Quick Action Closing Fund; amending s. 445.048, 19 F.S.; continuing and expanding the Passport to 20 Economic Progress demonstration project; 21 providing appropriations; providing an 22 effective date. 23 24 25 26 27 28 29 30 31 14 1:50 PM 04/28/03 h0691.cm40.0a