Florida Senate - 2008 SENATOR AMENDMENT
Bill No. CS for SB 2778
116894
Senate
Floor: 2/AD/2R
4/16/2008 1:24 PM
.
.
.
.
.
House
1
Senator Fasano moved the following amendment:
2
3
Senate Amendment (with directory and title amendments)
4
Between line(s) 384 & 385
5
insert:
6
(1) DEFINITIONS.-- As used in this section:
7
(r) "Rural county" means a county with a population of
8
75,000 or fewer or a county with a population of 120,000 100,000
9
of fewer which is contiguous to a county with a population of
10
75,000 or fewer.
11
(4) TAX REFUND AGREEMENT.--
12
(b) Compliance with the terms and conditions of the
13
agreement is a condition precedent for the receipt of a tax
14
refund each year. The failure to comply with the terms and
15
conditions of the tax refund agreement results in the loss of
16
eligibility for receipt of all tax refunds previously authorized
17
under this section and the revocation by the director of the
18
certification of the business entity as a qualified target
19
industry business, unless the business is eligible to receive and
20
elects to accept a prorated refund under paragraph (5)(d) or the
21
office grants the business an economic-stimulus exemption.
22
1. A qualified target industry business may submit, in
23
writing, a request to the office for an economic-stimulus
24
exemption. The request must provide quantitative evidence
25
demonstrating how negative economic conditions in the business's
26
industry, the effects of the impact of a named hurricane or
27
tropical storm, or specific acts of terrorism affecting the
28
qualified target industry business have prevented the business
29
from complying with the terms and conditions of its tax refund
30
agreement.
31
2. Upon receipt of a request under subparagraph 1., the
32
director shall have 45 days to notify the requesting business, in
33
writing, if its exemption has been granted or denied. In
34
determining if an exemption should be granted, the director shall
35
consider the extent to which negative economic conditions in the
36
requesting business's industry, the effects of the impact of a
37
named hurricane or tropical storm, or specific acts of terrorism
38
affecting the qualified target industry business have prevented
39
the business from complying with the terms and conditions of its
40
tax refund agreement. The office shall consider current Florida
41
employment statistics by industry, including whether the
42
business's industry had substantial job loss during the prior
43
year, when determining whether an economic stimulus exemption
44
shall be granted.
45
3. As a condition for receiving a prorated refund under
46
paragraph (5)(d) or an economic-stimulus exemption under this
47
paragraph, a qualified target industry business must agree to
48
renegotiate its tax refund agreement with the office to, at a
49
minimum, ensure that the terms of the agreement comply with
50
current law and office procedures governing application for and
51
award of tax refunds. Upon approving the award of a prorated
52
refund or granting an economic-stimulus exemption, the office
53
shall renegotiate the tax refund agreement with the business as
54
required by this subparagraph. When amending the agreement of a
55
business receiving an economic-stimulus exemption, the office may
56
extend the duration of the agreement for a period not to exceed 2
57
years.
58
4. A qualified target industry business may submit a
59
request for an economic-stimulus exemption to the office in lieu
60
of any tax refund claim scheduled to be submitted after January
61
1, 2008 2005, but before July 1, 2009 2006.
62
5. A qualified target industry business that receives an
63
economic-stimulus exemption may not receive a tax refund for the
64
period covered by the exemption.
65
66
67
====== D I R E C T O R Y C L A U S E A M E N D M E N T =====
68
And the directory clause is amended as follows:
69
Delete line(s) 381-382
70
and insert:
71
Section 1. Paragraph (r) of subsection (1), subsection (3),
72
and paragraph (b) of subsection (4) of section 288.106, Florida
73
Statutes, are amended to read:
74
75
76
================ T I T L E A M E N D M E N T ================
77
And the title is amended as follows:
78
Delete line(s) 19
79
and insert:
80
modifying the definition of rural county; application
81
process to changes made by the act; modifying the criteria
82
for businesses to be eligible for a an economic stimulus
83
exemption; extending the application period; amending
4/15/2008 4:46:00 PM CM.11.07707
CODING: Words stricken are deletions; words underlined are additions.