HB 1483

1	A bill to be entitled
2	An act relating to tax refund programs for qualified
3	defense contractors and target industry businesses;
4	amending s. 288.095, F.S.; specifying an order of payment
5	of claims for certain tax refunds; providing duties of the
6	Office of Tourism, Trade, and Economic Development in
7	paying certain tax refunds from appropriations; deleting a
8	provision for the office to determine proportions of
9	certain refunds under circumstances of insufficient
10	appropriations; revising certain reporting requirements
11	for Enterprise Florida, Inc.; amending s. 288.1045, F.S.;
12	revising the definition of the term "jobs"; including
13	state communications services taxes under qualified
14	defense contractor tax refund program provisions;
15	specifying nonapplication to certain taxes; providing for
16	retroactive effect; authorizing the office to make
17	supplemental tax refund payments for certain purposes;
18	revising certification application requirements;
19	permitting a qualified applicant to seek an economic-
20	stimulus exemption due to the effects of the impact of a
21	named hurricane or tropical storm; extending the period of
22	the exemption; changing the exemption application
23	deadline; clarifying the cap on tax refunds; providing for
24	a waiver of the local financial support requirement in
25	certain circumstances and for a limited time; revising the
26	program expiration date; amending s. 288.106, F.S.;
27	including state communications services taxes under
28	qualified target industry business tax refund program
29	provisions; specifying nonapplication to certain taxes;
30	providing for retroactive effect; authorizing the office
31	to make supplemental tax refund payments for certain
32	purposes; revising application requirements; permitting a
33	business to seek an economic-stimulus exemption due to the
34	effects of the impact of a named hurricane or tropical
35	storm; extending the period of the exemption; changing the
36	exemption application deadline; providing for a waiver of
37	the local financial support requirement in certain
38	circumstances and for a limited time; revising the program
39	expiration date; requiring the office to attempt to amend
40	certain existing tax refund agreements; providing an
41	effective date.
42
43	Be It Enacted by the Legislature of the State of Florida:
44
45	Section 1.  Paragraphs (b) and (c) of subsection (3) of
46	section 288.095, Florida Statutes, are amended to read:
47	288.095  Economic Development Trust Fund.--
48	(3)
49	(b)  The total amount of tax refund claims approved for
50	payment by the Office of Tourism, Trade, and Economic
51	Development based on actual project performance may not exceed
52	the amount appropriated to the Economic Development Incentives
53	Account for such purposes for the fiscal year. Claims for tax
54	refunds under ss. 288.1045 and 288.106 shall be paid in the
55	order the claims are approved by the Office of Tourism, Trade,
56	and Economic Development. In the event the Legislature does not
57	appropriate an amount sufficient to satisfy the estimates by the
58	office for tax refunds under ss. 288.1045 and 288.106 in a
59	fiscal year, the Office of Tourism, Trade, and Economic
60	Development shall pay the tax refunds from the appropriation for
61	the following fiscal year. By March 1 of each year, the Office
62	of Tourism, Trade, and Economic Development shall notify the
63	legislative appropriations committees of the Senate and House of
64	Representatives of any anticipated shortfall in the amount of
65	funds needed to satisfy claims for tax refunds from the
66	appropriation for the current fiscal year, not later than July
67	15 of such year, determine the proportion of each refund claim
68	which shall be paid by dividing the amount appropriated for tax
69	refunds for the fiscal year by the estimated total of refund
70	claims for the fiscal year. The amount of each claim for a tax
71	refund shall be multiplied by the resulting quotient. If, after
72	the payment of all such refund claims, funds remain in the
73	Economic Development Incentives Account for tax refunds, the
74	office shall recalculate the proportion for each refund claim
75	and adjust the amount of each claim accordingly.
76	(c)  By December 31 of each year, Enterprise Florida, Inc.,
77	shall submit a complete and detailed report to the Governor, the
78	President of the Senate, the Speaker of the House of
79	Representatives, and the director of the Office of Tourism,
80	Trade, and Economic Development of all applications received,
81	recommendations made to the Office of Tourism, Trade, and
82	Economic Development, final decisions issued, tax refund
83	agreements executed, and tax refunds paid or other payments made
84	under all programs funded out of the Economic Development
85	Incentives Account, including analyses of benefits and costs,
86	types of projects supported, and employment and investment
87	created. Enterprise Florida, Inc., shall also include a separate
88	analysis of the impact of such tax refunds on state enterprise
89	zones designated pursuant to s. 290.0065, rural communities,
90	brownfield areas, and distressed urban communities. The report
91	must also discuss the efforts made by the Office of Tourism,
92	Trade, and Economic Development to amend tax refund agreements
93	to require tax refund claims to be submitted by January 31 for
94	the net new full-time equivalent jobs in this state as of
95	December 31 of the preceding calendar year. The report must also
96	list the name and tax refund amount for each business that has
97	received a tax refund under s. 288.1045 or s. 288.106 during the
98	preceding fiscal year whether the authority and moneys
99	appropriated by the Legislature to the Economic Development
100	Incentives Account were managed and expended in a prudent,
101	fiducially sound manner. The Office of Tourism, Trade, and
102	Economic Development shall assist Enterprise Florida, Inc., in
103	the collection of data related to business performance and
104	incentive payments.
105	Section 2.  Paragraph (g) of subsection (1), paragraph (f)
106	of subsection (2), paragraphs (b), (c), and (d) of subsection
107	(3), paragraph (b) of subsection (4), and paragraph (e) of
108	subsection (5) of section 288.1045, Florida Statutes, are
109	amended, subsection (7) is renumbered as subsection (8) and
110	amended, and a new subsection (7) is added to said section, to
111	read:
112	288.1045  Qualified defense contractor tax refund
113	program.--
114	(1)  DEFINITIONS.--As used in this section:
115	(g)  "Jobs" means full-time equivalent positions,
116	consistent with the use of such terms by the Agency for
117	Workforce Innovation for the purpose of unemployment
118	compensation tax, created or retained as a direct result of
119	resulting directly from a project in this state. This number
120	does not include temporary construction jobs involved with the
121	construction of facilities for the project.
122	(2)  GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.--
123	(f)  After entering into a tax refund agreement pursuant to
124	subsection (4), a qualified applicant may receive refunds from
125	the Economic Development Trust Fund for the following taxes due
126	and paid by the qualified applicant beginning with the
127	applicant's first taxable year that begins after entering into
128	the agreement:
129	1.  Taxes on sales, use, and other transactions paid
130	pursuant to chapter 212.
131	2.  Corporate income taxes paid pursuant to chapter 220.
132	3.  Intangible personal property taxes paid pursuant to
133	chapter 199.
134	4.  Emergency excise taxes paid pursuant to chapter 221.
135	5.  Excise taxes paid on documents pursuant to chapter 201.
136	6.  Ad valorem taxes paid, as defined in s. 220.03(1)(a) on
137	June 1, 1996.
138	7.  State communications services taxes administered under
139	chapter 202. This provision does not apply to the gross receipts
140	tax imposed under chapter 203 and administered under chapter 202
141	or the local communications services tax authorized under s.
142	202.19.
143
144	However, a qualified applicant may not receive a tax refund
145	pursuant to this section for any amount of credit, refund, or
146	exemption granted such contractor for any of such taxes. If a
147	refund for such taxes is provided by the office, which taxes are
148	subsequently adjusted by the application of any credit, refund,
149	or exemption granted to the qualified applicant other than that
150	provided in this section, the qualified applicant shall
151	reimburse the Economic Development Trust Fund for the amount of
152	such credit, refund, or exemption. A qualified applicant must
153	notify and tender payment to the office within 20 days after
154	receiving a credit, refund, or exemption, other than that
155	provided in this section. The addition of communications
156	services taxes administered under chapter 202 is remedial in
157	nature and retroactive to October 1, 2001. The office may make
158	supplemental tax refund payments to allow for tax refunds for
159	communications services taxes paid by an eligible qualified
160	defense contractor after October 1, 2001.
161	(3)  APPLICATION PROCESS; REQUIREMENTS; AGENCY
162	DETERMINATION.--
163	(b)  Applications for certification based on the
164	consolidation of a Department of Defense contract or a new
165	Department of Defense contract must be submitted to the office
166	as prescribed by the office and must include, but are not
167	limited to, the following information:
168	1.  The applicant's federal employer identification number,
169	the applicant's Florida sales tax registration number, and a
170	notarized signature of an officer of the applicant.
171	2.  The permanent location of the manufacturing,
172	assembling, fabricating, research, development, or design
173	facility in this state at which the project is or is to be
174	located.
175	3.  The Department of Defense contract numbers of the
176	contract to be consolidated, the new Department of Defense
177	contract number, or the "RFP" number of a proposed Department of
178	Defense contract.
179	4.  The date the contract was executed or is expected to be
180	executed, and the date the contract is due to expire or is
181	expected to expire.
182	5.  The commencement date for project operations under the
183	contract in this state.
184	6.  The number of net new full-time equivalent Florida jobs
185	included in the project as of December 31 of each year and the
186	average wage of such jobs.
187	7.  The total number of full-time equivalent employees
188	employed by the applicant in this state.
189	8.  The percentage of the applicant's gross receipts
190	derived from Department of Defense contracts during the 5
191	taxable years immediately preceding the date the application is
192	submitted.
193	9.  The number of full-time equivalent jobs in this state
194	to be retained by the project amount of:
195	a.  Taxes on sales, use, and other transactions paid
196	pursuant to chapter 212;
197	b.  Corporate income taxes paid pursuant to chapter 220;
198	c.  Intangible personal property taxes paid pursuant to
199	chapter 199;
200	d.  Emergency excise taxes paid pursuant to chapter 221;
201	e.  Excise taxes paid on documents pursuant to chapter 201;
202	and
203	f.  Ad valorem taxes paid
204
205	during the 5 fiscal years immediately preceding the date of the
206	application, and the projected amounts of such taxes to be due
207	in the 3 fiscal years immediately following the date of the
208	application.
209	10.  The estimated amount of tax refunds to be claimed for
210	each fiscal year.
211	11.  A brief statement concerning the applicant's need for
212	tax refunds, and the proposed uses of such refunds by the
213	applicant.
214	12.  A resolution adopted by the county commissioners of
215	the county in which the project will be located, which
216	recommends the applicant be approved as a qualified applicant,
217	and which indicates that the necessary commitments of local
218	financial support for the applicant exist. Prior to the adoption
219	of the resolution, the county commission may review the proposed
220	public or private sources of such support and determine whether
221	the proposed sources of local financial support can be provided
222	or, for any applicant whose project is located in a county
223	designated by the Rural Economic Development Initiative, a
224	resolution adopted by the county commissioners of such county
225	requesting that the applicant's project be exempt from the local
226	financial support requirement.
227	13.  Any additional information requested by the office.
228	(c)  Applications for certification based on the conversion
229	of defense production jobs to nondefense production jobs must be
230	submitted to the office as prescribed by the office and must
231	include, but are not limited to, the following information:
232	1.  The applicant's federal employer identification number,
233	the applicant's Florida sales tax registration number, and a
234	notarized signature of an officer of the applicant.
235	2.  The permanent location of the manufacturing,
236	assembling, fabricating, research, development, or design
237	facility in this state at which the project is or is to be
238	located.
239	3.  The Department of Defense contract numbers of the
240	contract under which the defense production jobs will be
241	converted to nondefense production jobs.
242	4.  The date the contract was executed, and the date the
243	contract is due to expire or is expected to expire, or was
244	canceled.
245	5.  The commencement date for the nondefense production
246	operations in this state.
247	6.  The number of net new full-time equivalent Florida jobs
248	included in the nondefense production project as of December 31
249	of each year and the average wage of such jobs.
250	7.  The total number of full-time equivalent employees
251	employed by the applicant in this state.
252	8.  The percentage of the applicant's gross receipts
253	derived from Department of Defense contracts during the 5
254	taxable years immediately preceding the date the application is
255	submitted.
256	9.  The number of full-time equivalent jobs in this state
257	to be retained by the project amount of:
258	a.  Taxes on sales, use, and other transactions paid
259	pursuant to chapter 212;
260	b.  Corporate income taxes paid pursuant to chapter 220;
261	c.  Intangible personal property taxes paid pursuant to
262	chapter 199;
263	d.  Emergency excise taxes paid pursuant to chapter 221;
264	e.  Excise taxes paid on documents pursuant to chapter 201;
265	and
266	f.  Ad valorem taxes paid
267
268	during the 5 fiscal years immediately preceding the date of the
269	application, and the projected amounts of such taxes to be due
270	in the 3 fiscal years immediately following the date of the
271	application.
272	10.  The estimated amount of tax refunds to be claimed for
273	each fiscal year.
274	11.  A brief statement concerning the applicant's need for
275	tax refunds, and the proposed uses of such refunds by the
276	applicant.
277	12.  A resolution adopted by the county commissioners of
278	the county in which the project will be located, which
279	recommends the applicant be approved as a qualified applicant,
280	and which indicates that the necessary commitments of local
281	financial support for the applicant exist. Prior to the adoption
282	of the resolution, the county commission may review the proposed
283	public or private sources of such support and determine whether
284	the proposed sources of local financial support can be provided
285	or, for any applicant whose project is located in a county
286	designated by the Rural Economic Development Initiative, a
287	resolution adopted by the county commissioners of such county
288	requesting that the applicant's project be exempt from the local
289	financial support requirement.
290	13.  Any additional information requested by the office.
291	(d)  Applications for certification based on a contract for
292	reuse of a defense-related facility must be submitted to the
293	office as prescribed by the office and must include, but are not
294	limited to, the following information:
295	1.  The applicant's Florida sales tax registration number
296	and a notarized signature of an officer of the applicant.
297	2.  The permanent location of the manufacturing,
298	assembling, fabricating, research, development, or design
299	facility in this state at which the project is or is to be
300	located.
301	3.  The business entity holding a valid Department of
302	Defense contract or branch of the Armed Forces of the United
303	States that previously occupied the facility, and the date such
304	entity last occupied the facility.
305	4.  A copy of the contract to reuse the facility, or such
306	alternative proof as may be prescribed by the office that the
307	applicant is seeking to contract for the reuse of such facility.
308	5.  The date the contract to reuse the facility was
309	executed or is expected to be executed, and the date the
310	contract is due to expire or is expected to expire.
311	6.  The commencement date for project operations under the
312	contract in this state.
313	7.  The number of net new full-time equivalent Florida jobs
314	included in the project as of December 31 of each year and the
315	average wage of such jobs.
316	8.  The total number of full-time equivalent employees
317	employed by the applicant in this state.
318	9.  The number of full-time equivalent jobs in this state
319	to be retained by the project amount of:
320	a.  Taxes on sales, use, and other transactions paid
321	pursuant to chapter 212.
322	b.  Corporate income taxes paid pursuant to chapter 220.
323	c.  Intangible personal property taxes paid pursuant to
324	chapter 199.
325	d.  Emergency excise taxes paid pursuant to chapter 221.
326	e.  Excise taxes paid on documents pursuant to chapter 201.
327	f.  Ad valorem taxes paid during the 5 fiscal years
328	immediately preceding the date of the application, and the
329	projected amounts of such taxes to be due in the 3 fiscal years
330	immediately following the date of the application.
331	10.  The estimated amount of tax refunds to be claimed for
332	each fiscal year.
333	11.  A brief statement concerning the applicant's need for
334	tax refunds, and the proposed uses of such refunds by the
335	applicant.
336	12.  A resolution adopted by the county commissioners of
337	the county in which the project will be located, which
338	recommends the applicant be approved as a qualified applicant,
339	and which indicates that the necessary commitments of local
340	financial support for the applicant exist. Prior to the adoption
341	of the resolution, the county commission may review the proposed
342	public or private sources of such support and determine whether
343	the proposed sources of local financial support can be provided
344	or, for any applicant whose project is located in a county
345	designated by the Rural Economic Development Initiative, a
346	resolution adopted by the county commissioners of such county
347	requesting that the applicant's project be exempt from the local
348	financial support requirement.
349	13.  Any additional information requested by the office.
350	(4)  QUALIFIED DEFENSE CONTRACTOR TAX REFUND AGREEMENT.--
351	(b)  Compliance with the terms and conditions of the
352	agreement is a condition precedent for receipt of tax refunds
353	each year. The failure to comply with the terms and conditions
354	of the agreement shall result in the loss of eligibility for
355	receipt of all tax refunds previously authorized pursuant to
356	this section, and the revocation of the certification as a
357	qualified applicant by the director, unless the qualified
358	applicant is eligible to receive and elects to accept a prorated
359	refund under paragraph (5)(g) or the office grants the qualified
360	applicant an economic-stimulus exemption.
361	1.  A qualified applicant may submit, in writing, a request
362	to the office for an economic-stimulus exemption. The request
363	must provide quantitative evidence demonstrating how negative
364	economic conditions in the qualified applicant's industry, the
365	effects of the impact of a named hurricane or tropical storm, or
366	specific acts of terrorism affecting the qualified applicant,
367	have prevented the qualified applicant from complying with the
368	terms and conditions of its tax refund agreement.
369	2.  Upon receipt of a request under subparagraph 1., the
370	director shall have 45 days to notify the requesting qualified
371	applicant, in writing, if its exemption has been granted or
372	denied. In determining if an exemption should be granted, the
373	director shall consider the extent to which negative economic
374	conditions in the requesting qualified applicant's industry, the
375	effects of the impact of a named hurricane or tropical storm, or
376	specific acts of terrorism affecting the qualified applicant,
377	have prevented the qualified applicant from complying with the
378	terms and conditions of its tax refund agreement.
379	3.  As a condition for receiving a prorated refund under
380	paragraph (5)(g) or an economic-stimulus exemption under this
381	paragraph, a qualified applicant must agree to renegotiate its
382	tax refund agreement with the office to, at a minimum, ensure
383	that the terms of the agreement comply with current law and
384	office procedures governing application for and award of tax
385	refunds. Upon approving the award of a prorated refund or
386	granting an economic-stimulus exemption, the office shall
387	renegotiate the tax refund agreement with the qualified
388	applicant as required by this subparagraph. When amending the
389	agreement of a qualified applicant receiving an economic-
390	stimulus exemption, the office may extend the duration of the
391	agreement for a period not to exceed 2 years 1 year.
392	4.  A qualified applicant may submit a request for an
393	economic-stimulus exemption to the office in lieu of any tax
394	refund claim scheduled to be submitted after January 1, 2005
395	2001, but before July 1, 2006 2003.
396	5.  A qualified applicant that receives an economic-
397	stimulus exemption may not receive a tax refund for the period
398	covered by the exemption.
399	(5)  ANNUAL CLAIM FOR REFUND FROM A QUALIFIED DEFENSE
400	CONTRACTOR.--
401	(e)  The total amount of tax refunds approved by the
402	director under this section in any fiscal year may not exceed
403	the amount authorized under s. 288.095(3) appropriated to the
404	Economic Development Trust Fund for such purposes for the fiscal
405	year. If the Legislature does not appropriate an amount
406	sufficient to satisfy projections by the office for tax refunds
407	in a fiscal year, the director shall, not later than July 15 of
408	such year, determine the proportion of each refund claim which
409	shall be paid by dividing the amount appropriated for tax
410	refunds for the fiscal year by the projected total amount of
411	refund claims for the fiscal year. The amount of each claim for
412	a tax refund shall be multiplied by the resulting quotient. If,
413	after the payment of all such refund claims, funds remain in the
414	Economic Development Trust Fund for tax refunds, the director
415	shall recalculate the proportion for each refund claim and
416	adjust the amount of each claim accordingly.
417	(7)  Notwithstanding paragraphs (4)(a) and (5)(c), the
418	office may approve a waiver of the local financial support
419	requirement for a business located in any of the following
420	counties in which businesses received emergency loans
421	administered by the office in response to the named hurricanes
422	of 2004: Bay, Brevard, Charlotte, DeSoto, Escambia, Flagler,
423	Glades, Hardee, Hendry, Highlands, Indian River, Lake, Lee,
424	Martin, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Polk,
425	Putnam, Santa Rosa, Seminole, St. Lucie, Volusia, and Walton. A
426	waiver may be granted only if the office determines that the
427	local financial support cannot be provided or that doing so
428	would effect a demonstrable hardship on the unit of local
429	government providing the local financial support. If the office
430	grants a waiver of the local financial support requirement, the
431	state shall pay 100 percent of the refund due to an eligible
432	business. The waiver shall apply for tax refund applications
433	made for fiscal years 2004-2005, 2005-2006, and 2006-2007.
434	(8)(7)  EXPIRATION.--An applicant may not be certified as
435	qualified under this section after June 30, 2010 2005. A tax
436	refund agreement existing on that date shall continue in effect
437	in accordance with its terms.
438	Section 3.  Paragraph (c) of subsection (2) and paragraph
439	(b) of subsection (4) of section 288.106, Florida Statutes, are
440	amended, subsection (7) is renumbered as subsection (8) and
441	amended, and a new subsection (7) is added to said section, to
442	read:
443	288.106  Tax refund program for qualified target industry
444	businesses.--
445	(2)  TAX REFUND; ELIGIBLE AMOUNTS.--
446	(c)  After entering into a tax refund agreement under
447	subsection (4), a qualified target industry business may:
448	1.  Receive refunds from the account for the following
449	taxes due and paid by that business beginning with the first
450	taxable year of the business which begins after entering into
451	the agreement:
452	a.  Corporate income taxes under chapter 220.
453	b.  Insurance premium tax under s. 624.509.
454	2.  Receive refunds from the account for the following
455	taxes due and paid by that business after entering into the
456	agreement:
457	a.  Taxes on sales, use, and other transactions under
458	chapter 212.
459	b.  Intangible personal property taxes under chapter 199.
460	c.  Emergency excise taxes under chapter 221.
461	d.  Excise taxes on documents under chapter 201.
462	e.  Ad valorem taxes paid, as defined in s. 220.03(1).
463	f.  State communications services taxes administered under
464	chapter 202. This provision does not apply to the gross receipts
465	tax imposed under chapter 203 and administered under chapter 202
466	or the local communications services tax authorized under s.
467	202.19.
468
469	The addition of state communications services taxes administered
470	under chapter 202 is remedial in nature and retroactive to
471	October 1, 2001. The office may make supplemental tax refund
472	payments to allow for tax refunds for communications services
473	taxes paid by an eligible qualified target industry business
474	after October 1, 2001.
475	(4)  TAX REFUND AGREEMENT.--
476	(b)  Compliance with the terms and conditions of the
477	agreement is a condition precedent for the receipt of a tax
478	refund each year. The failure to comply with the terms and
479	conditions of the tax refund agreement results in the loss of
480	eligibility for receipt of all tax refunds previously authorized
481	under this section and the revocation by the director of the
482	certification of the business entity as a qualified target
483	industry business, unless the business is eligible to receive
484	and elects to accept a prorated refund under paragraph (5)(d) or
485	the office grants the business an economic-stimulus exemption.
486	1.  A qualified target industry business may submit, in
487	writing, a request to the office for an economic-stimulus
488	exemption. The request must provide quantitative evidence
489	demonstrating how negative economic conditions in the business's
490	industry, the effects of the impact of a named hurricane or
491	tropical storm, or specific acts of terrorism affecting the
492	qualified target industry business, have prevented the business
493	from complying with the terms and conditions of its tax refund
494	agreement.
495	2.  Upon receipt of a request under subparagraph 1., the
496	director shall have 45 days to notify the requesting business,
497	in writing, if its exemption has been granted or denied. In
498	determining if an exemption should be granted, the director
499	shall consider the extent to which negative economic conditions
500	in the requesting business's industry, the effects of the impact
501	of a named hurricane or tropical storm, or specific acts of
502	terrorism affecting the qualified target industry business, have
503	prevented the business from complying with the terms and
504	conditions of its tax refund agreement.
505	3.  As a condition for receiving a prorated refund under
506	paragraph (5)(d) or an economic-stimulus exemption under this
507	paragraph, a qualified target industry business must agree to
508	renegotiate its tax refund agreement with the office to, at a
509	minimum, ensure that the terms of the agreement comply with
510	current law and office procedures governing application for and
511	award of tax refunds. Upon approving the award of a prorated
512	refund or granting an economic-stimulus exemption, the office
513	shall renegotiate the tax refund agreement with the business as
514	required by this subparagraph. When amending the agreement of a
515	business receiving an economic-stimulus exemption, the office
516	may extend the duration of the agreement for a period not to
517	exceed 2 years 1 year.
518	4.  A qualified target industry business may submit a
519	request for an economic-stimulus exemption to the office in lieu
520	of any tax refund claim scheduled to be submitted after January
521	1, 2005 2001, but before July 1, 2006 June 30, 2004.
522	5.  A qualified target industry business that receives an
523	economic-stimulus exemption may not receive a tax refund for the
524	period covered by the exemption.
525	(7)  Notwithstanding paragraphs (4)(a) and (5)(c), the
526	office may approve a waiver of the local financial support
527	requirement for a business located in any of the following
528	counties in which businesses received emergency loans
529	administered by the office in response to the named hurricanes
530	of 2004: Bay, Brevard, Charlotte, DeSoto, Escambia, Flagler,
531	Glades, Hardee, Hendry, Highlands, Indian River, Lake, Lee,
532	Martin, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Polk,
533	Putnam, Santa Rosa, Seminole, St. Lucie, Volusia and Walton. A
534	waiver may be granted only if the office determines that the
535	local financial support cannot be provided or that doing so
536	would effect a demonstrable hardship on the unit of local
537	government providing the local financial support. If the office
538	grants a waiver of the local financial support requirement, the
539	state shall pay 100 percent of the refund due to an eligible
540	business. The waiver shall apply for tax refund applications
541	made for fiscal years 2004-2005, 2005-2006, and 2006-2007.
542	(8)(7)  EXPIRATION.--An applicant may not be certified as
543	qualified under this section after This section expires June 30,
544	2010 2005. A tax refund agreement existing on that date shall
545	continue in effect in accordance with its terms.
546	Section 4.  The Office of Tourism, Trade, and Economic
547	Development shall attempt to amend existing tax refund
548	agreements created under s. 288.106, Florida Statutes, to
549	require tax refund claims to be submitted by January 31 for the
550	net new full-time equivalent jobs in this state as of December
551	31 of the preceding calendar year.
552	Section 5.  This act shall take effect upon becoming a law.

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