1 | A bill to be entitled |
2 | An act relating to the qualified defense contractor tax |
3 | refund program; amending s. 288.1045, F.S.; revising |
4 | definitions to include space flight businesses and space |
5 | flight contracts; specifying a methodology and amounts for |
6 | tax refund payments to qualified defense contractor |
7 | businesses; revising provisions authorizing qualified |
8 | applicants to receive refunds of certain taxes; revising |
9 | application process requirements to include space flight |
10 | businesses and contracts; revising information |
11 | requirements for applications for certain qualified |
12 | applicant certifications; providing employment |
13 | requirements for space flight business contracts; |
14 | specifying required information for applications for |
15 | certification under space flight business contracts; |
16 | including space flight businesses under provisions |
17 | authorizing annual claims for refund; revising limitations |
18 | on payments of tax refunds; revising certain required |
19 | reductions of amounts of tax refunds; deleting a reporting |
20 | requirement of tax refunds paid and use of appropriations |
21 | expended; extending an expiration date; amending ss. |
22 | 14.2015 and 213.053, F.S.; conforming program references; |
23 | providing an effective date. |
24 |
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25 | Be It Enacted by the Legislature of the State of Florida: |
26 |
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27 | Section 1. Subsection (1), paragraphs (b) and (f) of |
28 | subsection (2), subsections (3), (4), and (5), paragraphs (d) |
29 | and (e) of subsection (6), and subsection (8) of section |
30 | 288.1045, Florida Statutes, are amended to read: |
31 | 288.1045 Qualified defense contractor and space flight |
32 | business tax refund program.-- |
33 | (1) DEFINITIONS.--As used in this section: |
34 | (a)(c) "Applicant" means any business entity that holds a |
35 | valid Department of Defense contract or space flight business |
36 | contract, or any business entity that is a subcontractor under a |
37 | valid Department of Defense contract or space flight business |
38 | contract, or any business entity that holds a valid contract for |
39 | the reuse of a defense-related facility, including all members |
40 | of an affiliated group of corporations as defined in s. |
41 | 220.03(1)(b). |
42 | (b) "Average wage in the area" means the average of all |
43 | wages and salaries in the state, the county, or in the standard |
44 | metropolitan area in which the business unit is located. |
45 | (c)(n) "Business unit" means an employing unit, as defined |
46 | in s. 443.036, that is registered with the Agency for Workforce |
47 | Innovation for unemployment compensation purposes or means a |
48 | subcategory or division of an employing unit that is accepted by |
49 | the Agency for Workforce Innovation as a reporting unit. |
50 | (d)(a) "Consolidation of a Department of Defense contract" |
51 | means the consolidation of one or more of an applicant's |
52 | facilities under one or more Department of Defense contracts, |
53 | either from outside this state or from inside and outside this |
54 | state, into one or more of the applicant's facilities inside |
55 | this state. |
56 | (e) "Consolidation of a space flight business contract" |
57 | means the consolidation of one or more of an applicant's |
58 | facilities under one or more space flight business contracts, |
59 | from outside this state or from inside and outside this state, |
60 | into one or more of the applicant's facilities inside this |
61 | state. |
62 | (f)(p) "Contract for reuse of a defense-related facility" |
63 | means a contract with a duration of 2 or more years for the use |
64 | of a facility for manufacturing, assembling, fabricating, |
65 | research, development, or design of tangible personal property, |
66 | but excluding any contract to provide goods, improvements to |
67 | real or tangible property, or services directly to or for any |
68 | particular military base or installation in this state. Such |
69 | facility must be located within a port, as defined in s. 313.21, |
70 | and have been occupied by a business entity that held a valid |
71 | Department of Defense contract or occupied by any branch of the |
72 | Armed Forces of the United States, within 1 year of any contract |
73 | being executed for the reuse of such facility. A contract for |
74 | reuse of a defense-related facility may not include any contract |
75 | for reuse of such facility for any Department of Defense |
76 | contract for manufacturing, assembling, fabricating, research, |
77 | development, or design. |
78 | (g)(e) "Department of Defense contract" means a |
79 | competitively bid Department of Defense contract or subcontract |
80 | or a competitively bid federal agency contract or subcontract |
81 | issued on behalf of the Department of Defense for manufacturing, |
82 | assembling, fabricating, research, development, or design with a |
83 | duration of 2 or more years, but excluding any contract or |
84 | subcontract to provide goods, improvements to real or tangible |
85 | property, or services directly to or for any particular military |
86 | base or installation in this state. The term includes contracts |
87 | or subcontracts for products or services for military use or |
88 | homeland security which contracts or subcontracts are approved |
89 | by the United States Department of Defense, the United States |
90 | Department of State, or the United States Department of Homeland |
91 | Security. |
92 | (h)(k) "Director" means the director of the Office of |
93 | Tourism, Trade, and Economic Development. |
94 | (i)(m) "Fiscal year" means the fiscal year of the state. |
95 | (j)(g) "Jobs" means full-time equivalent positions, |
96 | consistent with the use of such terms by the Agency for |
97 | Workforce Innovation for the purpose of unemployment |
98 | compensation tax, created or retained as a direct result of a |
99 | project in this state. This number does not include temporary |
100 | construction jobs involved with the construction of facilities |
101 | for the project. |
102 | (k)(o) "Local financial support" means funding from local |
103 | sources, public or private, which is paid to the Economic |
104 | Development Trust Fund and which is equal to 20 percent of the |
105 | annual tax refund for a qualified applicant. Local financial |
106 | support may include excess payments made to a utility company |
107 | under a designated program to allow decreases in service by the |
108 | utility company under conditions, regardless of when application |
109 | is made. A qualified applicant may not provide, directly or |
110 | indirectly, more than 5 percent of such funding in any fiscal |
111 | year. The sources of such funding may not include, directly or |
112 | indirectly, state funds appropriated from the General Revenue |
113 | Fund or any state trust fund, excluding tax revenues shared with |
114 | local governments pursuant to law. |
115 | (l)(q) "Local financial support exemption option" means |
116 | the option to exercise an exemption from the local financial |
117 | support requirement available to any applicant whose project is |
118 | located in a county designated by the Rural Economic Development |
119 | Initiative, if the county commissioners of the county in which |
120 | the project will be located adopt a resolution requesting that |
121 | the applicant's project be exempt from the local financial |
122 | support requirement. Any applicant that exercises this option is |
123 | not eligible for more than 80 percent of the total tax refunds |
124 | allowed such applicant under this section. |
125 | (m)(f) "New Department of Defense contract" means a |
126 | Department of Defense contract entered into after the date |
127 | application for certification as a qualified applicant is made |
128 | and after January 1, 1994. |
129 | (n) "New space flight business contract" means a space |
130 | flight business contract entered into after an application for |
131 | certification as a qualified applicant is made after July 1, |
132 | 2008. |
133 | (o)(h) "Nondefense production jobs" means employment |
134 | exclusively for activities that, directly or indirectly, are |
135 | unrelated to the Department of Defense. |
136 | (p)(d) "Office" means the Office of Tourism, Trade, and |
137 | Economic Development. |
138 | (q)(i) "Project" means any business undertaking in this |
139 | state under a new Department of Defense contract, consolidation |
140 | of a Department of Defense contract, new space flight business |
141 | contract, consolidation of a space flight business contract, or |
142 | conversion of defense production jobs over to nondefense |
143 | production jobs or reuse of defense-related facilities. |
144 | (r)(j) "Qualified applicant" means an applicant that has |
145 | been approved by the director to be eligible for tax refunds |
146 | pursuant to this section. |
147 | (s) "Space flight business" means the manufacturing, |
148 | processing, or assembly of space flight technology products, |
149 | space flight facilities, space flight propulsion systems, or |
150 | space vehicles, satellites, or stations of any kind possessing |
151 | the capability for space flight, as defined by s. 212.02(23), or |
152 | components thereof, and includes, in supporting space flight, |
153 | vehicle launch activities, flight operations, ground control or |
154 | ground support, and all administrative activities directly |
155 | related to such activities. The term does not include products |
156 | that are designed or manufactured for general commercial |
157 | aviation or other uses even if those products may also serve an |
158 | incidental use in space flight applications. |
159 | (t) "Space flight business contract" means a competitively |
160 | bid federal agency contract, federal agency subcontract, an |
161 | awarded commercial contract, or an awarded commercial |
162 | subcontract for space flight business with a duration of 2 or |
163 | more years. |
164 | (u)(l) "Taxable year" means the same as in s. |
165 | 220.03(1)(y). |
166 | (2) GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.-- |
167 | (b) Upon approval by the director, a qualified applicant |
168 | shall be allowed tax refund payments equal to $3,000 times the |
169 | number of jobs specified in the tax refund agreement under |
170 | subparagraph (4)(a)1. or equal to $6,000 times the number of |
171 | jobs if the project is located in a rural county or an |
172 | enterprise zone. Further, a qualified applicant shall be allowed |
173 | additional tax refund payments equal to $1,000 times the number |
174 | of jobs specified in the tax refund agreement under subparagraph |
175 | (4)(a)1. if such jobs pay an annual average wage of at least 150 |
176 | percent of the average private sector wage in the area or equal |
177 | to $2,000 times the number of jobs if such jobs pay an annual |
178 | average wage of at least 200 percent of the average private |
179 | sector wage in the area. A qualified applicant may not be |
180 | qualified for any project to receive more than $5,000 times the |
181 | number of jobs provided in the tax refund agreement pursuant to |
182 | subparagraph (4)(a)1. A qualified applicant may not receive |
183 | refunds of more than 25 percent of the total tax refunds |
184 | provided in the tax refund agreement pursuant to subparagraph |
185 | (4)(a)1. in any fiscal year, provided that no qualified |
186 | applicant may receive more than $2.5 million in tax refunds |
187 | pursuant to this section in any fiscal year. |
188 | (f) After entering into a tax refund agreement pursuant to |
189 | subsection (4), a qualified applicant may: |
190 | 1. Receive refunds from the account for corporate income |
191 | taxes due and paid pursuant to chapter 220 by that business |
192 | beginning with the first taxable year of the business which |
193 | begins after entering into the agreement. |
194 | 2. Receive refunds from the account Economic Development |
195 | Trust Fund for the following taxes due and paid by that business |
196 | the qualified applicant beginning with the applicant's first |
197 | taxable year that begins after entering into the agreement: |
198 | a.1. Taxes on sales, use, and other transactions paid |
199 | pursuant to chapter 212. |
200 | 2. Corporate income taxes paid pursuant to chapter 220. |
201 | b.3. Intangible personal property taxes paid pursuant to |
202 | chapter 199. |
203 | c.4. Emergency excise taxes paid pursuant to chapter 221. |
204 | d.5. Excise taxes paid on documents pursuant to chapter |
205 | 201. |
206 | e.6. Ad valorem taxes paid, as defined in s. 220.03(1)(a) |
207 | on June 1, 1996. |
208 | f.7. State communications services taxes administered |
209 | under chapter 202. This provision does not apply to the gross |
210 | receipts tax imposed under chapter 203 and administered under |
211 | chapter 202 or the local communications services tax authorized |
212 | under s. 202.19. |
213 |
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214 | However, a qualified applicant may not receive a tax refund |
215 | pursuant to this section for any amount of credit, refund, or |
216 | exemption granted such contractor for any of such taxes. If a |
217 | refund for such taxes is provided by the office, which taxes are |
218 | subsequently adjusted by the application of any credit, refund, |
219 | or exemption granted to the qualified applicant other than that |
220 | provided in this section, the qualified applicant shall |
221 | reimburse the Economic Development Trust Fund for the amount of |
222 | such credit, refund, or exemption. A qualified applicant must |
223 | notify and tender payment to the office within 20 days after |
224 | receiving a credit, refund, or exemption, other than that |
225 | provided in this section. The addition of communications |
226 | services taxes administered under chapter 202 is remedial in |
227 | nature and retroactive to October 1, 2001. The office may make |
228 | supplemental tax refund payments to allow for tax refunds for |
229 | communications services taxes paid by an eligible qualified |
230 | defense contractor after October 1, 2001. |
231 | (3) APPLICATION PROCESS; REQUIREMENTS; AGENCY |
232 | DETERMINATION.-- |
233 | (a) To apply for certification as a qualified applicant |
234 | pursuant to this section, an applicant must file an application |
235 | with the office which satisfies the requirements of paragraphs |
236 | (b) and (e), paragraphs (c) and (e), or paragraphs (d) and (e), |
237 | or paragraphs (e) and (k). An applicant may not apply for |
238 | certification pursuant to this section after a proposal has been |
239 | submitted for a new Department of Defense contract, after the |
240 | applicant has made the decision to consolidate an existing |
241 | Department of Defense contract in this state for which such |
242 | applicant is seeking certification, after a proposal has been |
243 | submitted for a new space flight business contract in this |
244 | state, after the applicant has made the decision to consolidate |
245 | an existing space flight business contract in this state for |
246 | which such applicant is seeking certification, or after the |
247 | applicant has made the decision to convert defense production |
248 | jobs to nondefense production jobs for which such applicant is |
249 | seeking certification. |
250 | (b) Applications for certification based on the |
251 | consolidation of a Department of Defense contract or a new |
252 | Department of Defense contract must be submitted to the office |
253 | as prescribed by the office and must include, but are not |
254 | limited to, the following information: |
255 | 1. The applicant's federal employer identification number, |
256 | the applicant's Florida sales tax registration number, and a |
257 | notarized signature of an officer of the applicant. |
258 | 2. The permanent location of the manufacturing, |
259 | assembling, fabricating, research, development, or design |
260 | facility in this state at which the project is or is to be |
261 | located. |
262 | 3. The Department of Defense contract numbers of the |
263 | contract to be consolidated, the new Department of Defense |
264 | contract number, or the "RFP" number of a proposed Department of |
265 | Defense contract. |
266 | 4. The date the contract was executed or is expected to be |
267 | executed, and the date the contract is due to expire or is |
268 | expected to expire. |
269 | 5. The commencement date for project operations under the |
270 | contract in this state. |
271 | 6. The number of net new full-time equivalent Florida jobs |
272 | included in the project as of December 31 of each year and the |
273 | average wage of such jobs. |
274 | 7. The total number of full-time equivalent employees |
275 | employed by the applicant in this state. |
276 | 8. The percentage of the applicant's gross receipts |
277 | derived from Department of Defense contracts during the 5 |
278 | taxable years immediately preceding the date the application is |
279 | submitted. |
280 | 9. The number of full-time equivalent jobs in this state |
281 | to be retained by the project. |
282 | 10. The estimated amount of tax refunds to be claimed for |
283 | each fiscal year. |
284 | 10.11. A brief statement concerning the applicant's need |
285 | for tax refunds, and the proposed uses of such refunds by the |
286 | applicant. |
287 | 11.12. A resolution adopted by the governing board county |
288 | commissioners of the county or municipality in which the project |
289 | will be located, which recommends the applicant be approved as a |
290 | qualified applicant, and which indicates that the necessary |
291 | commitments of local financial support for the applicant exist. |
292 | Prior to the adoption of the resolution, the county commission |
293 | may review the proposed public or private sources of such |
294 | support and determine whether the proposed sources of local |
295 | financial support can be provided or, for any applicant whose |
296 | project is located in a county designated by the Rural Economic |
297 | Development Initiative, a resolution adopted by the county |
298 | commissioners of such county requesting that the applicant's |
299 | project be exempt from the local financial support requirement. |
300 | 12.13. Any additional information requested by the office. |
301 | (c) Applications for certification based on the conversion |
302 | of defense production jobs to nondefense production jobs must be |
303 | submitted to the office as prescribed by the office and must |
304 | include, but are not limited to, the following information: |
305 | 1. The applicant's federal employer identification number, |
306 | the applicant's Florida sales tax registration number, and a |
307 | notarized signature of an officer of the applicant. |
308 | 2. The permanent location of the manufacturing, |
309 | assembling, fabricating, research, development, or design |
310 | facility in this state at which the project is or is to be |
311 | located. |
312 | 3. The Department of Defense contract numbers of the |
313 | contract under which the defense production jobs will be |
314 | converted to nondefense production jobs. |
315 | 4. The date the contract was executed, and the date the |
316 | contract is due to expire or is expected to expire, or was |
317 | canceled. |
318 | 5. The commencement date for the nondefense production |
319 | operations in this state. |
320 | 6. The number of net new full-time equivalent Florida jobs |
321 | included in the nondefense production project as of December 31 |
322 | of each year and the average wage of such jobs. |
323 | 7. The total number of full-time equivalent employees |
324 | employed by the applicant in this state. |
325 | 8. The percentage of the applicant's gross receipts |
326 | derived from Department of Defense contracts during the 5 |
327 | taxable years immediately preceding the date the application is |
328 | submitted. |
329 | 9. The number of full-time equivalent jobs in this state |
330 | to be retained by the project. |
331 | 10. The estimated amount of tax refunds to be claimed for |
332 | each fiscal year. |
333 | 10.11. A brief statement concerning the applicant's need |
334 | for tax refunds, and the proposed uses of such refunds by the |
335 | applicant. |
336 | 11.12. A resolution adopted by the governing board county |
337 | commissioners of the county or municipality in which the project |
338 | will be located, which recommends the applicant be approved as a |
339 | qualified applicant, and which indicates that the necessary |
340 | commitments of local financial support for the applicant exist. |
341 | Prior to the adoption of the resolution, the county commission |
342 | may review the proposed public or private sources of such |
343 | support and determine whether the proposed sources of local |
344 | financial support can be provided or, for any applicant whose |
345 | project is located in a county designated by the Rural Economic |
346 | Development Initiative, a resolution adopted by the county |
347 | commissioners of such county requesting that the applicant's |
348 | project be exempt from the local financial support requirement. |
349 | 12.13. Any additional information requested by the office. |
350 | (d) Applications for certification based on a contract for |
351 | reuse of a defense-related facility must be submitted to the |
352 | office as prescribed by the office and must include, but are not |
353 | limited to, the following information: |
354 | 1. The applicant's Florida sales tax registration number |
355 | and a notarized signature of an officer of the applicant. |
356 | 2. The permanent location of the manufacturing, |
357 | assembling, fabricating, research, development, or design |
358 | facility in this state at which the project is or is to be |
359 | located. |
360 | 3. The business entity holding a valid Department of |
361 | Defense contract or branch of the Armed Forces of the United |
362 | States that previously occupied the facility, and the date such |
363 | entity last occupied the facility. |
364 | 4. A copy of the contract to reuse the facility, or such |
365 | alternative proof as may be prescribed by the office that the |
366 | applicant is seeking to contract for the reuse of such facility. |
367 | 5. The date the contract to reuse the facility was |
368 | executed or is expected to be executed, and the date the |
369 | contract is due to expire or is expected to expire. |
370 | 6. The commencement date for project operations under the |
371 | contract in this state. |
372 | 7. The number of net new full-time equivalent Florida jobs |
373 | included in the project as of December 31 of each year and the |
374 | average wage of such jobs. |
375 | 8. The total number of full-time equivalent employees |
376 | employed by the applicant in this state. |
377 | 9. The number of full-time equivalent jobs in this state |
378 | to be retained by the project. |
379 | 10. The estimated amount of tax refunds to be claimed for |
380 | each fiscal year. |
381 | 10.11. A brief statement concerning the applicant's need |
382 | for tax refunds, and the proposed uses of such refunds by the |
383 | applicant. |
384 | 11.12. A resolution adopted by the governing board county |
385 | commissioners of the county or municipality in which the project |
386 | will be located, which recommends the applicant be approved as a |
387 | qualified applicant, and which indicates that the necessary |
388 | commitments of local financial support for the applicant exist. |
389 | Prior to the adoption of the resolution, the county commission |
390 | may review the proposed public or private sources of such |
391 | support and determine whether the proposed sources of local |
392 | financial support can be provided or, for any applicant whose |
393 | project is located in a county designated by the Rural Economic |
394 | Development Initiative, a resolution adopted by the county |
395 | commissioners of such county requesting that the applicant's |
396 | project be exempt from the local financial support requirement. |
397 | 12.13. Any additional information requested by the office. |
398 | (e) To qualify for review by the office, the application |
399 | of an applicant must, at a minimum, establish the following to |
400 | the satisfaction of the office: |
401 | 1. The jobs proposed to be provided under the application, |
402 | pursuant to subparagraph (b)6., or subparagraph (c)6., or |
403 | subparagraph (k)6., must pay an estimated annual average wage |
404 | equaling at least 115 percent of the average wage in the area |
405 | where the project is to be located. |
406 | 2. The consolidation of a Department of Defense contract |
407 | must result in a net increase of at least 25 percent in the |
408 | number of jobs at the applicant's facilities in this state or |
409 | the addition of at least 80 jobs at the applicant's facilities |
410 | in this state. |
411 | 3. The conversion of defense production jobs to nondefense |
412 | production jobs must result in net increases in nondefense |
413 | employment at the applicant's facilities in this state. |
414 | 4. The Department of Defense contract or the space flight |
415 | business contract cannot allow the business to include the costs |
416 | of relocation or retooling in its base as allowable costs under |
417 | a cost-plus, or similar, contract. |
418 | 5. A business unit of the applicant must have derived not |
419 | less than 60 percent of its gross receipts in this state from |
420 | Department of Defense contracts or space flight business |
421 | contracts over the applicant's last fiscal year, and must have |
422 | derived not less than an average of 60 percent of its gross |
423 | receipts in this state from Department of Defense contracts or |
424 | space flight business contracts over the 5 years preceding the |
425 | date an application is submitted pursuant to this section. This |
426 | subparagraph does not apply to any application for certification |
427 | based on a contract for reuse of a defense-related facility. |
428 | 6. The reuse of a defense-related facility must result in |
429 | the creation of at least 100 jobs at such facility. |
430 | 7. A new space flight business contract or the |
431 | consolidation of a space flight business contract must result in |
432 | net increases in space flight business employment at the |
433 | applicant's facilities in this state. |
434 | (f) Each application meeting the requirements of |
435 | paragraphs (b) and (e), paragraphs (c) and (e), or paragraphs |
436 | (d) and (e), or paragraphs (e) and (k) must be submitted to the |
437 | office for a determination of eligibility. The office shall |
438 | review and, evaluate, and score each application based on, but |
439 | not limited to, the following criteria: |
440 | 1. Expected contributions to the state strategic economic |
441 | development plan adopted by Enterprise Florida, Inc., taking |
442 | into account the extent to which the project contributes to the |
443 | state's high-technology base, and the long-term impact of the |
444 | project and the applicant on the state's economy. |
445 | 2. The economic benefit of the jobs created or retained by |
446 | the project in this state, taking into account the cost and |
447 | average wage of each job created or retained, and the potential |
448 | risk to existing jobs. |
449 | 3. The amount of capital investment to be made by the |
450 | applicant in this state. |
451 | 4. The local commitment and support for the project and |
452 | applicant. |
453 | 5. The impact of the project on the local community, |
454 | taking into account the unemployment rate for the county where |
455 | the project will be located. |
456 | 6. The dependence of the local community on the defense |
457 | industry or space flight business. |
458 | 7. The impact of any tax refunds granted pursuant to this |
459 | section on the viability of the project and the probability that |
460 | the project will occur in this state if such tax refunds are |
461 | granted to the applicant, taking into account the expected long- |
462 | term commitment of the applicant to economic growth and |
463 | employment in this state. |
464 | 8. The length of the project, or the expected long-term |
465 | commitment to this state resulting from the project. |
466 | (g) The office shall forward its written findings and |
467 | evaluation on each application meeting the requirements of |
468 | paragraphs (b) and (e), paragraphs (c) and (e), or paragraphs |
469 | (d) and (e), or paragraphs (e) and (k) to the director within 60 |
470 | calendar days after receipt of a complete application. The |
471 | office shall notify each applicant when its application is |
472 | complete, and when the 60-day period begins. In its written |
473 | report to the director, the office shall specifically address |
474 | each of the factors specified in paragraph (f), and shall make a |
475 | specific assessment with respect to the minimum requirements |
476 | established in paragraph (e). The office shall include in its |
477 | report projections of the tax refunds the applicant would be |
478 | eligible to receive in each fiscal year based on the creation |
479 | and maintenance of the net new Florida jobs specified in |
480 | subparagraph (b)6., subparagraph (c)6., or subparagraph (d)7., |
481 | or subparagraph (k)6. as of December 31 of the preceding state |
482 | fiscal year. |
483 | (h) Within 30 days after receipt of the office's findings |
484 | and evaluation, the director shall issue a letter of |
485 | certification which either approves or disapproves an |
486 | application. The decision must be in writing and provide the |
487 | justifications for either approval or disapproval. If |
488 | appropriate, the director shall enter into a written agreement |
489 | with the qualified applicant pursuant to subsection (4). |
490 | (i) The director may not certify any applicant as a |
491 | qualified applicant when the value of tax refunds to be included |
492 | in that letter of certification exceeds the available amount of |
493 | authority to certify new businesses as determined in s. |
494 | 288.095(3). A letter of certification that approves an |
495 | application must specify the maximum amount of a tax refund that |
496 | is to be available to the contractor for each fiscal year and |
497 | the total amount of tax refunds for all fiscal years. |
498 | (j) This section does not create a presumption that an |
499 | applicant should receive any tax refunds under this section. |
500 | (k) Applications for certification based upon a new space |
501 | flight business contract or the consolidation of a space flight |
502 | business contract must be submitted to the office as prescribed |
503 | by the office and must include, but are not limited to, the |
504 | following information: |
505 | 1. The applicant's federal employer identification number, |
506 | the applicant's Florida sales tax registration number, and a |
507 | signature of an officer of the applicant. |
508 | 2. The permanent location of the space flight business |
509 | facility in this state where the project is or will be located. |
510 | 3. The new space flight business contract number, the |
511 | space flight business contract numbers of the contract to be |
512 | consolidated, or the request-for-proposal number of a proposed |
513 | space flight business contract. |
514 | 4. The date the contract was executed and the date the |
515 | contract is due to expire, is expected to expire, or was |
516 | canceled. |
517 | 5. The commencement date for project operations under the |
518 | contract in this state. |
519 | 6. The number of net new full-time equivalent Florida jobs |
520 | included in the project as of December 31 of each year and the |
521 | average wage of such jobs. |
522 | 7. The total number of full-time equivalent employees |
523 | employed by the applicant in this state. |
524 | 8. The percentage of the applicant's gross receipts |
525 | derived from space flight business contracts during the 5 |
526 | taxable years immediately preceding the date the application is |
527 | submitted. |
528 | 9. The number of full-time equivalent jobs in this state |
529 | to be retained by the project. |
530 | 10. A brief statement concerning the applicant's need for |
531 | tax refunds and the proposed uses of such refunds by the |
532 | applicant. |
533 | 11. A resolution adopted by the governing board of the |
534 | county or municipality in which the project will be located |
535 | which recommends the applicant be approved as a qualified |
536 | applicant and indicates that the necessary commitments of local |
537 | financial support for the applicant exist. Prior to the adoption |
538 | of the resolution, the county commission may review the proposed |
539 | public or private sources of such support and determine whether |
540 | the proposed sources of local financial support can be provided |
541 | or, for any applicant whose project is located in a county |
542 | designated by the Rural Economic Development Initiative, a |
543 | resolution adopted by the county commissioners of such county |
544 | requesting that the applicant's project be exempt from the local |
545 | financial support requirement. |
546 | 12. Any additional information requested by the office. |
547 | (4) QUALIFIED APPLICANT DEFENSE CONTRACTOR TAX REFUND |
548 | AGREEMENT.-- |
549 | (a) A qualified applicant shall enter into a written |
550 | agreement with the office containing, but not limited to, the |
551 | following: |
552 | 1. The total number of full-time equivalent jobs in this |
553 | state that are or will be dedicated to the qualified applicant's |
554 | project, the average wage of such jobs, the definitions that |
555 | will apply for measuring the achievement of these terms during |
556 | the pendency of the agreement, and a time schedule or plan for |
557 | when such jobs will be in place and active in this state. |
558 | 2. The maximum amount of a refund that the qualified |
559 | applicant is eligible to receive for each fiscal year, based on |
560 | the job creation or retention and maintenance schedule specified |
561 | in subparagraph 1. |
562 | 3. An agreement with the office allowing the office to |
563 | review and verify the financial and personnel records of the |
564 | qualified applicant to ascertain whether the qualified applicant |
565 | is complying with the requirements of this section. |
566 | 4. The date by which, in each fiscal year, the qualified |
567 | applicant may file a claim pursuant to subsection (5) to be |
568 | considered to receive a tax refund in the following fiscal year. |
569 | 5. That local financial support shall be annually |
570 | available and will be paid to the Economic Development Trust |
571 | Fund. |
572 | (b) Compliance with the terms and conditions of the |
573 | agreement is a condition precedent for receipt of tax refunds |
574 | each year. The failure to comply with the terms and conditions |
575 | of the agreement shall result in the loss of eligibility for |
576 | receipt of all tax refunds previously authorized pursuant to |
577 | this section, and the revocation of the certification as a |
578 | qualified applicant by the director, unless the qualified |
579 | applicant is eligible to receive and elects to accept a prorated |
580 | refund under paragraph (5)(g) or the office grants the qualified |
581 | applicant an economic-stimulus exemption. |
582 | 1. A qualified applicant may submit, in writing, a request |
583 | to the office for an economic-stimulus exemption. The request |
584 | must provide quantitative evidence demonstrating how negative |
585 | economic conditions in the qualified applicant's industry, the |
586 | effects of the impact of a named hurricane or tropical storm, or |
587 | specific acts of terrorism affecting the qualified applicant |
588 | have prevented the qualified applicant from complying with the |
589 | terms and conditions of its tax refund agreement. |
590 | 2. Upon receipt of a request under subparagraph 1., the |
591 | director shall have 45 days to notify the requesting qualified |
592 | applicant, in writing, if its exemption has been granted or |
593 | denied. In determining if an exemption should be granted, the |
594 | director shall consider the extent to which negative economic |
595 | conditions in the requesting qualified applicant's industry, the |
596 | effects of the impact of a named hurricane or tropical storm, or |
597 | specific acts of terrorism affecting the qualified applicant |
598 | have prevented the qualified applicant from complying with the |
599 | terms and conditions of its tax refund agreement. |
600 | 3. As a condition for receiving a prorated refund under |
601 | paragraph (5)(g) or an economic-stimulus exemption under this |
602 | paragraph, a qualified applicant must agree to renegotiate its |
603 | tax refund agreement with the office to, at a minimum, ensure |
604 | that the terms of the agreement comply with current law and |
605 | office procedures governing application for and award of tax |
606 | refunds. Upon approving the award of a prorated refund or |
607 | granting an economic-stimulus exemption, the office shall |
608 | renegotiate the tax refund agreement with the qualified |
609 | applicant as required by this subparagraph. When amending the |
610 | agreement of a qualified applicant receiving an economic- |
611 | stimulus exemption, the office may extend the duration of the |
612 | agreement for a period not to exceed 2 years. |
613 | 4. A qualified applicant may submit a request for an |
614 | economic-stimulus exemption to the office in lieu of any tax |
615 | refund claim scheduled to be submitted after January 1, 2005, |
616 | but before July 1, 2006. |
617 | 5. A qualified applicant that receives an economic- |
618 | stimulus exemption may not receive a tax refund for the period |
619 | covered by the exemption. |
620 | (c) The agreement shall be signed by the director and the |
621 | authorized officer of the qualified applicant. |
622 | (d) The agreement must contain the following legend, |
623 | clearly printed on its face in bold type of not less than 10 |
624 | points: |
625 |
|
626 | "This agreement is neither a general obligation of the State of |
627 | Florida, nor is it backed by the full faith and credit of the |
628 | State of Florida. Payment of tax refunds are conditioned on and |
629 | subject to specific annual appropriations by the Florida |
630 | Legislature of funds sufficient to pay amounts authorized in s. |
631 | 288.1045, Florida Statutes." |
632 | (5) ANNUAL CLAIM FOR REFUND FROM A QUALIFIED DEFENSE |
633 | CONTRACTOR.-- |
634 | (a) To be eligible to claim any scheduled tax refund, |
635 | qualified applicants who have entered into a written agreement |
636 | with the office pursuant to subsection (4) and who have entered |
637 | into a valid new Department of Defense contract, entered into a |
638 | valid new space flight business contract, commenced the |
639 | consolidation of a space flight business contract, commenced the |
640 | consolidation of a Department of Defense contract, commenced the |
641 | conversion of defense production jobs to nondefense production |
642 | jobs, or entered into a valid contract for reuse of a defense- |
643 | related facility must apply by January 31 of each fiscal year to |
644 | the office for tax refunds scheduled to be paid from the |
645 | appropriation for the fiscal year that begins on July 1 |
646 | following the January 31 claims-submission date. The office may, |
647 | upon written request, grant a 30-day extension of the filing |
648 | date. The application must include a notarized signature of an |
649 | officer of the applicant. |
650 | (b) The claim for refund by the qualified applicant must |
651 | include a copy of all receipts pertaining to the payment of |
652 | taxes for which a refund is sought, and data related to |
653 | achieving each performance item contained in the tax refund |
654 | agreement pursuant to subsection (4). The amount requested as a |
655 | tax refund may not exceed the amount for the relevant fiscal |
656 | year in the written agreement entered pursuant to subsection |
657 | (4). |
658 | (c) A tax refund may not be approved for any qualified |
659 | applicant unless local financial support has been paid to the |
660 | Economic Development Trust Fund for that refund. If the local |
661 | financial support is less than 20 percent of the approved tax |
662 | refund, the tax refund shall be reduced. The tax refund paid may |
663 | not exceed 5 times the local financial support received. Funding |
664 | from local sources includes tax abatement under s. 196.1995 or |
665 | the appraised market value of municipal or county land, |
666 | including any improvements or structures, conveyed or provided |
667 | at a discount through a sale or lease to that applicant provided |
668 | to a qualified applicant. The amount of any tax refund for an |
669 | applicant approved under this section shall be reduced by the |
670 | amount of any such tax abatement granted or the value of the |
671 | land granted, including the value of any improvements or |
672 | structures;, and the limitations in subsection (2) and paragraph |
673 | (3)(h) shall be reduced by the amount of any such tax abatement |
674 | or the value of the land granted, including any improvements or |
675 | structures. A report listing all sources of the local financial |
676 | support shall be provided to the office when such support is |
677 | paid to the Economic Development Trust Fund. |
678 | (d) The director, with assistance from the office, the |
679 | Department of Revenue, and the Agency for Workforce Innovation, |
680 | shall, by June 30 following the scheduled date for submitting |
681 | the tax refund claim, specify by written order the approval or |
682 | disapproval of the tax refund claim and, if approved, the amount |
683 | of the tax refund that is authorized to be paid to the qualified |
684 | applicant for the annual tax refund. The office may grant an |
685 | extension of this date upon the request of the qualified |
686 | applicant for the purpose of filing additional information in |
687 | support of the claim. |
688 | (e) The total amount of tax refunds approved by the |
689 | director under this section in any fiscal year may not exceed |
690 | the amount authorized under s. 288.095(3). |
691 | (f) Upon approval of the tax refund pursuant to paragraphs |
692 | (c) and (d), the Chief Financial Officer shall issue a warrant |
693 | for the amount included in the written order. In the event of |
694 | any appeal of the written order, the Chief Financial Officer may |
695 | not issue a warrant for a refund to the qualified applicant |
696 | until the conclusion of all appeals of the written order. |
697 | (g) A prorated tax refund, less a 5 percent penalty, shall |
698 | be approved for a qualified applicant provided all other |
699 | applicable requirements have been satisfied and the applicant |
700 | proves to the satisfaction of the director that it has achieved |
701 | at least 80 percent of its projected employment and that the |
702 | average wage paid by the qualified applicant is at least 90 |
703 | percent of the average wage specified in the tax refund |
704 | agreement, but in no case less than 115 percent of the average |
705 | private sector wage in the area available at the time of |
706 | certification. The prorated tax refund shall be calculated by |
707 | multiplying the tax refund amount for which the qualified |
708 | applicant would have been eligible, if all applicable |
709 | requirements had been satisfied, by the percentage of the |
710 | average employment specified in the tax refund agreement which |
711 | was achieved, and by the percentage of the average wages |
712 | specified in the tax refund agreement which was achieved. |
713 | (h) This section does not create a presumption that a tax |
714 | refund claim will be approved and paid. |
715 | (6) ADMINISTRATION.-- |
716 | (d) By December 1 of each year, the office shall submit a |
717 | complete and detailed report to the Governor, the President of |
718 | the Senate, and the Speaker of the House of Representatives of |
719 | all tax refunds paid under this section, including analyses of |
720 | benefits and costs, types of projects supported, employment and |
721 | investment created, geographic distribution of tax refunds |
722 | granted, and minority business participation. The report must |
723 | indicate whether the moneys appropriated by the Legislature to |
724 | the qualified applicant tax refund program were expended in a |
725 | prudent, fiducially sound manner. |
726 | (d)(e) Funds specifically appropriated for the tax refund |
727 | program under this section may not be used for any purpose other |
728 | than the payment of tax refunds authorized by this section. |
729 | (8) EXPIRATION.--An applicant may not be certified as |
730 | qualified under this section after June 30, 2014 2010. A tax |
731 | refund agreement existing on that date shall continue in effect |
732 | in accordance with its terms. |
733 | Section 2. Paragraph (f) of subsection (2) of section |
734 | 14.2015, Florida Statutes, is amended to read: |
735 | 14.2015 Office of Tourism, Trade, and Economic |
736 | Development; creation; powers and duties.-- |
737 | (2) The purpose of the Office of Tourism, Trade, and |
738 | Economic Development is to assist the Governor in working with |
739 | the Legislature, state agencies, business leaders, and economic |
740 | development professionals to formulate and implement coherent |
741 | and consistent policies and strategies designed to provide |
742 | economic opportunities for all Floridians. To accomplish such |
743 | purposes, the Office of Tourism, Trade, and Economic Development |
744 | shall: |
745 | (f)1. Administer the Florida Enterprise Zone Act under ss. |
746 | 290.001-290.016, the community contribution tax credit program |
747 | under ss. 220.183 and 624.5105, the tax refund program for |
748 | qualified target industry businesses under s. 288.106, the tax- |
749 | refund program for qualified defense contractors and space |
750 | flight business contractors under s. 288.1045, contracts for |
751 | transportation projects under s. 288.063, the sports franchise |
752 | facility program under s. 288.1162, the professional golf hall |
753 | of fame facility program under s. 288.1168, the expedited |
754 | permitting process under s. 403.973, the Rural Community |
755 | Development Revolving Loan Fund under s. 288.065, the Regional |
756 | Rural Development Grants Program under s. 288.018, the Certified |
757 | Capital Company Act under s. 288.99, the Florida State Rural |
758 | Development Council, the Rural Economic Development Initiative, |
759 | and other programs that are specifically assigned to the office |
760 | by law, by the appropriations process, or by the Governor. |
761 | Notwithstanding any other provisions of law, the office may |
762 | expend interest earned from the investment of program funds |
763 | deposited in the Grants and Donations Trust Fund to contract for |
764 | the administration of the programs, or portions of the programs, |
765 | enumerated in this paragraph or assigned to the office by law, |
766 | by the appropriations process, or by the Governor. Such |
767 | expenditures shall be subject to review under chapter 216. |
768 | 2. The office may enter into contracts in connection with |
769 | the fulfillment of its duties concerning the Florida First |
770 | Business Bond Pool under chapter 159, tax incentives under |
771 | chapters 212 and 220, tax incentives under the Certified Capital |
772 | Company Act in chapter 288, foreign offices under chapter 288, |
773 | the Enterprise Zone program under chapter 290, the Seaport |
774 | Employment Training program under chapter 311, the Florida |
775 | Professional Sports Team License Plates under chapter 320, |
776 | Spaceport Florida under chapter 331, Expedited Permitting under |
777 | chapter 403, and in carrying out other functions that are |
778 | specifically assigned to the office by law, by the |
779 | appropriations process, or by the Governor. |
780 | Section 3. Paragraph (k) of subsection (8) of section |
781 | 213.053, Florida Statutes, is amended to read: |
782 | 213.053 Confidentiality and information sharing.-- |
783 | (8) Notwithstanding any other provision of this section, |
784 | the department may provide: |
785 | (k)1. Payment information relative to chapters 199, 201, |
786 | 202, 212, 220, 221, and 624 to the Office of Tourism, Trade, and |
787 | Economic Development, or its employees or agents that are |
788 | identified in writing by the office to the department, in the |
789 | administration of the tax refund program for qualified defense |
790 | contractors and space flight business contractors authorized by |
791 | s. 288.1045 and the tax refund program for qualified target |
792 | industry businesses authorized by s. 288.106. |
793 | 2. Information relative to tax credits taken by a business |
794 | under s. 220.191 and exemptions or tax refunds received by a |
795 | business under s. 212.08(5)(j) to the Office of Tourism, Trade, |
796 | and Economic Development, or its employees or agents that are |
797 | identified in writing by the office to the department, in the |
798 | administration and evaluation of the capital investment tax |
799 | credit program authorized in s. 220.191 and the semiconductor, |
800 | defense, and space tax exemption program authorized in s. |
801 | 212.08(5)(j). |
802 |
|
803 | Disclosure of information under this subsection shall be |
804 | pursuant to a written agreement between the executive director |
805 | and the agency. Such agencies, governmental or nongovernmental, |
806 | shall be bound by the same requirements of confidentiality as |
807 | the Department of Revenue. Breach of confidentiality is a |
808 | misdemeanor of the first degree, punishable as provided by s. |
809 | 775.082 or s. 775.083. |
810 | Section 4. This act shall take effect July 1, 2008. |