CS for SB 2778 First Engrossed

20082778e1

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A bill to be entitled

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An act relating to economic development; creating s.

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288.061, F.S.; creating a uniform process for the review

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and certification of economic development incentive

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projects by Enterprise Florida, Inc., and the Office of

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Tourism, Trade, and Economic Development; amending ss.

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288.063 and 288.0655, F.S.; conforming the review of

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transportation projects and rural infrastructure projects

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to changes made by the act; creating s. 288.097, F.S.;

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establishing Building Florida's Future Revolving Loan

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Guarantee Program within the Office of Tourism, Trade, and

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Economic Development; providing for the program to provide

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loan guarantees or credit enhancements to units of local

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government or to private entities for use in constructing

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or modernizing facilities and infrastructure necessary to

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attract or expand certain industries as part of an

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economic-development project; providing requirements and

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criteria for the office to consider in evaluating

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requests; requiring Enterprise Florida, Inc., to assist

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the office in its evaluation; requiring the Office of

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Tourism, Trade, and Economic Development to adopt rules;

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requiring that the office provide an annual report to the

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Legislature regarding the program; providing an

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appropriation; making the fund contingent on passage of a

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companion bill; amending s. 288.1045, F.S.; revising the

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sources of funds that may be used to provide refunds for

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the qualified defense contractor tax refund program;

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conforming the review of Department of Defense projects to

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changes made by the act; providing that the amount of the

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tax refund may be reduced by the value of the land

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granted; deleting a requirement for an annual report;

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amending s. 288.106. F.S.; revising information that must

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be submitted by a qualified target industry business

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applying for a tax refund; modifying the definition of

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rural county; application process to changes made by the

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act; modifying the criteria for businesses to be eligible

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for an economic stimulus exemption; extending the

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application period; amending s. 288.107, F.S.; conforming

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review of applications for payment of brownfield

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redevelopment bonus refunds to changes made by the act;

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amending s. 288.108, F.S.; conforming the review of grant

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applications for high-impact businesses to changes made by

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the act; deleting provisions requiring an annual report;

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amending s. 288.1088, F.S.; conforming the review of

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projects funded by the Quick Action Closing Fund to

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changes made by the act; amending s. 288.1089, F.S.;

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providing definitions; revising application requirements

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for innovation incentive awards; revising evaluation and

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recommendation requirements for innovative incentive

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awards; requiring the Legislative Budget Commission to

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review and approve an innovation incentive award before

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the Executive Office of the Governor releases the funds;

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revising agreement requirements for payment of incentives;

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requiring award recipients to comply with certain business

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ethics developed by Enterprise Florida, Inc.; amending s.

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288.955, F.S.; revising definitions; requiring the Scripps

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Florida Funding Corporation, along with the Office of

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Tourism, Trade, and Economic Development and Enterprise

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Florida, Inc., to review the performance and progress of

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grant recipients of the Innovation Incentive Program;

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revising membership requirements of the board of directors

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of the Scripps Florida Funding Corporation; authorizing

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the corporation to include on the same meeting agenda

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matters related to The Scripps Research Institute and the

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Innovation Incentive Program; deleting obsolete

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provisions; revising the duties of the corporation;

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revising the contract requirements between the corporation

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and the grant recipients; requiring the corporation to

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submit to the Governor and the Legislature a report

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related to the activities of the Innovation Incentive

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Program; providing requirements for the report; amending

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s. 288.9624, F.S.; providing that venture-capital funds

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affiliated with certain state universities are eligible

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for investment by the Florida Opportunity Fund; amending

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s. 220.191, F.S.; requiring applications for capital

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investment tax credits to be reviewed under a specified

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provision; amending s. 288.063, F.S.; requiring that

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adoption of criteria by which certain transportation

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projects are to be specified and identified be done in

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accordance with a specified provision; amending s.

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288.065, F.S.; revising Rural Community Development

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Revolving Loan Fund program requirements; amending s.

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288.0655, F.S.; authorizing the Office of Tourism, Trade,

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and Economic Development to award grants for a certain

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percentage of total infrastructure project costs for

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certain catalyst site funding applications; providing for

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waiver of the local matching requirement; expanding

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eligible facilities for authorized infrastructure

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projects; amending s. 288.0656, F.S.; providing

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legislative intent; revising and providing definitions;

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providing certain additional review and action

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requirements for REDI relating to rural communities;

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revising representation on REDI; deleting a limitation on

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characterization as a rural area of critical economic

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concern; authorizing rural areas of critical economic

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concern to designate certain catalyst projects for certain

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purposes; providing project requirements; requiring the

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initiative to assist local governments with certain

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comprehensive planning needs; providing procedures and

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requirements for such assistance; revising certain

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reporting requirements for REDI; amending s. 288.0657,

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F.S.; revising the definition for a rural community;

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providing two full-time equivalent position and an

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appropriation for the Office of Tourism, Trade, and

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Economic Development; amending ss. 257.193, 288.019,

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288.06561, and 627.6699, F.S.; conforming cross-

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references; providing an effective date.

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

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     Section 1.  Section 288.061, Florida Statutes, is created to

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read:

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     288.061 Economic development incentive application

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process.--

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     (1) In order to expedite and provide a quick review process

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for certifying economic development incentive applications under

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this part, Enterprise Florida, Inc., shall review each submitted

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application and inform the applicant if its application is not

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complete within 10 business days. Once the application is deemed

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complete, Enterprise Florida, Inc., shall have 10 business days

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to evaluate the application and recommend approval or disapproval

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to the director of the Office of Tourism, Trade, and Economic

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Development. In recommending approval, Enterprise Florida, Inc.,

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shall include in its evaluation a recommended grant award amount

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and a review of the applicant's ability to meet specific program

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criteria.

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     (2) Upon receipt of the evaluation and recommendation of

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Enterprise Florida, Inc., the Office of Tourism, Trade, and

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Economic Development shall have 10 calendar days to notify

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Enterprise Florida, Inc., if the application is not complete. The

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director shall have 35 calendar days following the time the

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recommendation is received from Enterprise Florida, Inc., to

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review the application and issue a letter of certification to the

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applicant which approves or disapproves the application and

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includes justification, unless the applicant requests an

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extension of time. The final order shall specify the total amount

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of the award, the performance conditions that must be met in

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order to obtain the award, and the schedule for payment.

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     Section 2.  Subsection (4) of section 288.063, Florida

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Statutes, is amended to read:

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     288.063  Contracts for transportation projects.--

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     (4)  The Office of Tourism, Trade, and Economic Development

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may adopt criteria by which transportation projects are to be

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reviewed and certified in accordance with s. 288.061 specified

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and identified. In approving transportation projects for funding,

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the office of Tourism, Trade, and Economic Development shall

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consider factors including, but not limited to, the cost per job

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created or retained considering the amount of transportation

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funds requested; the average hourly rate of wages for jobs

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created; the reliance on the program as an inducement for the

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project's location decision; the amount of capital investment to

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be made by the business; the demonstrated local commitment; the

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location of the project in an enterprise zone designated pursuant

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to s. 290.0055; the location of the project in a spaceport

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territory as defined in s. 331.304; the unemployment rate of the

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surrounding area; the poverty rate of the community; and the

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adoption of an economic element as part of its local

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comprehensive plan in accordance with s. 163.3177(7)(j). The

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office of Tourism, Trade, and Economic Development may contact

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any agency it deems appropriate for additional input regarding

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the approval of projects.

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     Section 3.  Subsection (3) of section 288.0655, Florida

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Statutes, is amended to read:

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     288.0655  Rural Infrastructure Fund.--

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     (3)  The office, in consultation with Enterprise Florida,

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Inc., VISIT Florida, the Department of Environmental Protection,

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and the Florida Fish and Wildlife Conservation Commission, as

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appropriate, shall review and certify applications pursuant to s.

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288.061. The review shall include an evaluation of and evaluate

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the economic benefit of the projects and their long-term

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viability. The office shall have final approval for any grant

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under this section and must make a grant decision within 30 days

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of receiving a completed application.

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     Section 4. Section 288.097, Florida Statutes, is created to

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read:

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     288.097 Building Florida's Future Revolving Loan Guarantee

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Program.--

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     (1) There is created within the Office of Tourism, Trade,

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and Economic Development the Building Florida's Future Revolving

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Loan Guarantee Program. The purpose of the program is to provide

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loan guarantees or credit enhancements to units of local

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government or private entities seeking financing to construct or

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modernize facilities and infrastructure necessary to attract or

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expand targeted industries as part of an economic-development

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project. As used in this section, the term "targeted industries"

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means those industries referenced in s. 288.106(1)(o).

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     (2) The program may provide loan guarantees or other credit

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enhancements to applicants seeking financing for the following

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purposes:

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     (a) The acquisition of land, buildings, or fixed equipment;

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     (b) Site preparation and the construction or reconstruction

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of buildings; or

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     (c) The installation of or provision of access to

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telecommunications, energy sources, or other water supply

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utilities.

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     (3)(a) All moneys available within the program's trust

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fund, including investment earnings, are designated to carry out

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the purposes of this section.

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     (b) Any funds within the trust fund which are not needed on

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an immediate basis for loan guarantees or credit enhancements may

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be invested pursuant to s. 215.49. The cost of administering the

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program may be paid from reasonable service fees that may be

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imposed upon applicants so as to enhance program perpetuity.

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     (4) The office also shall consider, but need not be limited

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to, the following criteria in evaluating projects for assistance:

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     (a) A demonstration that the project would create or

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enhance economic benefits.

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     (b) The likelihood that the loan guarantee or credit

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enhancement would enable the project to proceed.

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     (c) The extent to which assistance would foster innovative

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public-private partnerships and attract private debt or equity

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investment.

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     (d) The creditworthiness of the entity or entities applying

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to the program.

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     (e) Whether the project is consistent, to the maximum

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extent feasible, with local government comprehensive plans.

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     (5) Enterprise Florida, Inc., shall assist the office in

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evaluating applications and determining whether an applicant

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meets the conditions of subsection (4).

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     (6) The office shall adopt rules to administer the program

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which specify the application forms, deadlines for submitting

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applications, requirements for the selection process, and

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requirements for audits.

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     (7) The office shall submit to the President of the Senate

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and the Speaker of the House of Representatives an annual report

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concerning activity within the program. The first report shall be

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submitted on January 5, 2009, and subsequent reports shall be

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submitted on January 5 every year thereafter, so long as the

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revolving fund exists.

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     (8) The fund shall be created if CS/CS/SB Senate Bill 2712

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or similar legislation is adopted in the same legislative session

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or an extension thereof and becomes law.

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     Section 5. For the 2008-2009 fiscal year, the sum of $20

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million is appropriated from the General Revenue Fund to the

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Building Florida's Future Revolving Trust Fund which shall be

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used by the Office of Tourism, Trade, and Economic Development

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for the purposes of administering this act. Notwithstanding the

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provisions of s. 216.301, Florida Statutes, the unexpended

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balance of this appropriation shall not revert.

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     Section 6.  Paragraph (f) of subsection (2), paragraphs (b),

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(c), (d), (g), and (h) of subsection (3), paragraph (c) of

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subsection (5), and paragraphs (d) and (e) of subsection (6) of

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section 288.1045, Florida Statutes, are amended to read:

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     288.1045  Qualified defense contractor tax refund program.--

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     (2)  GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.--

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     (f)  After entering into a tax refund agreement pursuant to

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subsection (4), a qualified applicant may:

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     1. Receive refunds from the account for corporate income

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taxes due and paid pursuant to chapter 220 by that business

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beginning with the first taxable year of the business after

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entering into the agreement.

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     2. Receive funds from the General Revenue Fund and the

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Economic Development Trust Fund for the following taxes due and

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paid by that business the qualified applicant beginning with the

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applicant's first taxable year that begins after entering into

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the agreement:

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     a.1. Taxes on sales, use, and other transactions paid

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pursuant to chapter 212.

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     2. Corporate income taxes paid pursuant to chapter 220.

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     b.3. Intangible personal property taxes paid pursuant to

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chapter 199.

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     c.4. Emergency excise taxes paid pursuant to chapter 221.

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     d.5. Excise taxes paid on documents pursuant to chapter

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201.

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     e.6. Ad valorem taxes paid, as defined in s. 220.03(1)(a)

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on June 1, 1996.

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     f.7. State communications services taxes administered under

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chapter 202. This provision does not apply to the gross receipts

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tax imposed under chapter 203 and administered under chapter 202

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or the local communications services tax authorized under s.

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202.19.

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However, a qualified applicant may not receive a tax refund

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pursuant to this section for any amount of credit, refund, or

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exemption granted such contractor for any of such taxes. If a

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refund for such taxes is provided by the office, which taxes are

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subsequently adjusted by the application of any credit, refund,

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or exemption granted to the qualified applicant other than that

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provided in this section, the qualified applicant shall reimburse

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the Economic Development Trust Fund for the amount of such

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credit, refund, or exemption. A qualified applicant must notify

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and tender payment to the office within 20 days after receiving a

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credit, refund, or exemption, other than that provided in this

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section. The addition of communications services taxes

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administered under chapter 202 is remedial in nature and

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retroactive to October 1, 2001. The office may make supplemental

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tax refund payments to allow for tax refunds for communications

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services taxes paid by an eligible qualified defense contractor

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after October 1, 2001.

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     (3)  APPLICATION PROCESS; REQUIREMENTS; AGENCY

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DETERMINATION.--

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     (b)  Applications for certification based on the

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consolidation of a Department of Defense contract or a new

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Department of Defense contract must be submitted to the office as

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prescribed by the office and must include, but are not limited

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to, the following information:

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     1.  The applicant's federal employer identification number,

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the applicant's Florida sales tax registration number, and the a

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notarized signature of an officer of the applicant.

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     2.  The permanent location of the manufacturing, assembling,

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fabricating, research, development, or design facility in this

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state at which the project is or is to be located.

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     3.  The Department of Defense contract numbers of the

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contract to be consolidated, the new Department of Defense

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contract number, or the "RFP" number of a proposed Department of

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Defense contract.

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     4.  The date the contract was executed or is expected to be

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executed, and the date the contract is due to expire or is

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expected to expire.

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     5.  The commencement date for project operations under the

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contract in this state.

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     6.  The number of net new full-time equivalent Florida jobs

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included in the project as of December 31 of each year and the

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average wage of such jobs.

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     7.  The total number of full-time equivalent employees

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employed by the applicant in this state.

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     8.  The percentage of the applicant's gross receipts derived

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from Department of Defense contracts during the 5 taxable years

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immediately preceding the date the application is submitted.

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     9.  The number of full-time equivalent jobs in this state to

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be retained by the project.

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     10. The estimated amount of tax refunds to be claimed for

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each fiscal year.

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     10.11. A brief statement concerning the applicant's need

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for tax refunds, and the proposed uses of such refunds by the

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applicant.

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     11.12. A resolution adopted by the governing board county

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commissioners of the county or municipality in which the project

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will be located, which recommends that the applicant be approved

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as a qualified applicant, and which indicates that the necessary

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commitments of local financial support for the applicant exist.

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Prior to the adoption of the resolution, the county commission

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may review the proposed public or private sources of such support

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and determine whether the proposed sources of local financial

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support can be provided or, for any applicant whose project is

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located in a county designated by the Rural Economic Development

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Initiative, a resolution adopted by the county commissioners of

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such county requesting that the applicant's project be exempt

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from the local financial support requirement.

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     12.13. Any additional information requested by the office.

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     (c)  Applications for certification based on the conversion

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of defense production jobs to nondefense production jobs must be

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submitted to the office as prescribed by the office and must

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include, but are not limited to, the following information:

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     1.  The applicant's federal employer identification number,

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the applicant's Florida sales tax registration number, and a

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notarized signature of an officer of the applicant.

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     2.  The permanent location of the manufacturing, assembling,

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fabricating, research, development, or design facility in this

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state at which the project is or is to be located.

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     3.  The Department of Defense contract numbers of the

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contract under which the defense production jobs will be

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converted to nondefense production jobs.

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     4.  The date the contract was executed, and the date the

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contract is due to expire or is expected to expire, or was

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canceled.

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     5.  The commencement date for the nondefense production

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operations in this state.

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     6.  The number of net new full-time equivalent Florida jobs

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included in the nondefense production project as of December 31

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of each year and the average wage of such jobs.

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     7.  The total number of full-time equivalent employees

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employed by the applicant in this state.

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     8.  The percentage of the applicant's gross receipts derived

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from Department of Defense contracts during the 5 taxable years

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immediately preceding the date the application is submitted.

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     9.  The number of full-time equivalent jobs in this state to

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be retained by the project.

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     10. The estimated amount of tax refunds to be claimed for

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each fiscal year.

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     10.11. A brief statement concerning the applicant's need

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for tax refunds, and the proposed uses of such refunds by the

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applicant.

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     11.12. A resolution adopted by the governing board county

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commissioners of the county or municipality in which the project

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will be located, which recommends that the applicant be approved

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as a qualified applicant, and which indicates that the necessary

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commitments of local financial support for the applicant exist.

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Prior to the adoption of the resolution, the county commission

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may review the proposed public or private sources of such support

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and determine whether the proposed sources of local financial

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support can be provided or, for any applicant whose project is

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located in a county designated by the Rural Economic Development

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Initiative, a resolution adopted by the county commissioners of

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such county requesting that the applicant's project be exempt

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from the local financial support requirement.

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     12.13. Any additional information requested by the office.

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     (d)  Applications for certification based on a contract for

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reuse of a defense-related facility must be submitted to the

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office as prescribed by the office and must include, but are not

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limited to, the following information:

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     1.  The applicant's Florida sales tax registration number

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and the a notarized signature of an officer of the applicant.

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     2.  The permanent location of the manufacturing, assembling,

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fabricating, research, development, or design facility in this

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state at which the project is or is to be located.

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     3.  The business entity holding a valid Department of

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Defense contract or branch of the Armed Forces of the United

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States that previously occupied the facility, and the date such

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entity last occupied the facility.

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     4.  A copy of the contract to reuse the facility, or such

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alternative proof as may be prescribed by the office that the

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applicant is seeking to contract for the reuse of such facility.

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     5.  The date the contract to reuse the facility was executed

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or is expected to be executed, and the date the contract is due

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to expire or is expected to expire.

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     6.  The commencement date for project operations under the

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contract in this state.

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     7.  The number of net new full-time equivalent Florida jobs

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included in the project as of December 31 of each year and the

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average wage of such jobs.

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     8.  The total number of full-time equivalent employees

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employed by the applicant in this state.

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     9.  The number of full-time equivalent jobs in this state to

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be retained by the project.

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     10. The estimated amount of tax refunds to be claimed for

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each fiscal year.

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     10.11. A brief statement concerning the applicant's need

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for tax refunds, and the proposed uses of such refunds by the

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applicant.

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     11.12. A resolution adopted by the governing board county

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commissioners of the county or municipality in which the project

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will be located, which recommends that the applicant be approved

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as a qualified applicant, and which indicates that the necessary

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commitments of local financial support for the applicant exist.

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Prior to the adoption of the resolution, the county commission

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may review the proposed public or private sources of such support

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and determine whether the proposed sources of local financial

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support can be provided or, for any applicant whose project is

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located in a county designated by the Rural Economic Development

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Initiative, a resolution adopted by the county commissioners of

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such county requesting that the applicant's project be exempt

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from the local financial support requirement.

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     12.13. Any additional information requested by the office.

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     (g) Applications shall be reviewed and certified pursuant

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to s. 288.061. If appropriate, the director shall enter into a

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written agreement with the qualified applicant pursuant to

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subsection (4). The office shall forward its written findings and

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evaluation on each application meeting the requirements of

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paragraphs (b) and (e), paragraphs (c) and (e), or paragraphs (d)

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and (e) to the director within 60 calendar days after receipt of

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a complete application. The office shall notify each applicant

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when its application is complete, and when the 60-day period

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begins. In its written report to the director, the office shall

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specifically address each of the factors specified in paragraph

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(f), and shall make a specific assessment with respect to the

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minimum requirements established in paragraph (e). The office

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shall include in its report projections of the tax refunds the

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applicant would be eligible to receive in each fiscal year based

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on the creation and maintenance of the net new Florida jobs

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specified in subparagraph (b)6., subparagraph (c)6., or

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subparagraph (d)7. as of December 31 of the preceding state

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fiscal year.

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     (h) Within 30 days after receipt of the office's findings

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and evaluation, the director shall issue a letter of

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certification which either approves or disapproves an

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application. The decision must be in writing and provide the

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justifications for either approval or disapproval. If

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appropriate, the director shall enter into a written agreement

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with the qualified applicant pursuant to subsection (4).

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     (5)  ANNUAL CLAIM FOR REFUND FROM A QUALIFIED DEFENSE

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CONTRACTOR.--

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     (c)  A tax refund may not be approved for any qualified

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applicant unless local financial support has been paid to the

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Economic Development Trust Fund for that refund. If the local

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financial support is less than 20 percent of the approved tax

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refund, the tax refund shall be reduced. The tax refund paid may

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not exceed 5 times the local financial support received. Funding

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from local sources includes tax abatement under s. 196.1995 or

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the appraised market value of municipal or county land, including

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any improvements or structures conveyed or provided at a discount

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through a sale of lease to that provided to a qualified

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applicant. The amount of any tax refund for an applicant approved

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under this section shall be reduced by the amount of any such tax

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abatement granted or the value of the land granted, including the

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value of any improvements or structures, and the limitations in

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subsection (2) and paragraph (3)(h) shall be reduced by the

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amount of any such tax abatement or the value of the land

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granted, including any improvements or structures. A report

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listing all sources of the local financial support shall be

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provided to the office if when such support is paid to the

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Economic Development Trust Fund.

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     (6)  ADMINISTRATION.--

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     (d) By December 1 of each year, the office shall submit a

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complete and detailed report to the Governor, the President of

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

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all tax refunds paid under this section, including analyses of

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benefits and costs, types of projects supported, employment and

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investment created, geographic distribution of tax refunds

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granted, and minority business participation. The report must

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indicate whether the moneys appropriated by the Legislature to

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the qualified applicant tax refund program were expended in a

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prudent, fiducially sound manner.

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     (d)(e) Funds specifically appropriated for the tax refund

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program under this section may not be used for any purpose other

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than the payment of tax refunds authorized by this section.

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     Section 7. Paragraph (r) of subsection (1), subsection (3),

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

499

Statutes, are amended to read:

500

     288.106  Tax refund program for qualified target industry

501

businesses.--

502

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

503

     (r)  "Rural county" means a county with a population of

504

75,000 or fewer or a county with a population of 120,000 100,000

505

or fewer which is contiguous to a county with a population of

506

75,000 or fewer.

507

     (4)  TAX REFUND AGREEMENT.--

508

     (b)  Compliance with the terms and conditions of the

509

agreement is a condition precedent for the receipt of a tax

510

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

511

conditions of the tax refund agreement results in the loss of

512

eligibility for receipt of all tax refunds previously authorized

513

under this section and the revocation by the director of the

514

certification of the business entity as a qualified target

515

industry business, unless the business is eligible to receive and

516

elects to accept a prorated refund under paragraph (5)(d) or the

517

office grants the business an economic-stimulus exemption.

518

     1.  A qualified target industry business may submit, in

519

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

520

exemption. The request must provide quantitative evidence

521

demonstrating how negative economic conditions in the business's

522

industry, the effects of the impact of a named hurricane or

523

tropical storm, or specific acts of terrorism affecting the

524

qualified target industry business have prevented the business

525

from complying with the terms and conditions of its tax refund

526

agreement.

527

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

528

director shall have 45 days to notify the requesting business, in

529

writing, if its exemption has been granted or denied. In

530

determining if an exemption should be granted, the director shall

531

consider the extent to which negative economic conditions in the

532

requesting business's industry, the effects of the impact of a

533

named hurricane or tropical storm, or specific acts of terrorism

534

affecting the qualified target industry business have prevented

535

the business from complying with the terms and conditions of its

536

tax refund agreement. The office shall consider current Florida

537

employment statistics by industry, including whether the

538

business's industry had substantial job loss during the prior

539

year, when determining whether an economic stimulus exemption

540

shall be granted.

541

     3.  As a condition for receiving a prorated refund under

542

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

543

paragraph, a qualified target industry business must agree to

544

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

545

minimum, ensure that the terms of the agreement comply with

546

current law and office procedures governing application for and

547

award of tax refunds. Upon approving the award of a prorated

548

refund or granting an economic-stimulus exemption, the office

549

shall renegotiate the tax refund agreement with the business as

550

required by this subparagraph. When amending the agreement of a

551

business receiving an economic-stimulus exemption, the office may

552

extend the duration of the agreement for a period not to exceed 2

553

years.

554

     4.  A qualified target industry business may submit a

555

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

556

of any tax refund claim scheduled to be submitted after January

557

1, 2008 2005, but before July 1, 2009 2006.

558

     5.  A qualified target industry business that receives an

559

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

560

period covered by the exemption.

561

     (3)  APPLICATION AND APPROVAL PROCESS.--

562

     (a)  To apply for certification as a qualified target

563

industry business under this section, the business must file an

564

application with the office before the business has made the

565

decision to locate a new business in this state or before the

566

business had made the decision to expand an existing business in

567

this state. The application must shall include, but is not

568

limited to, the following information:

569

     1.  The applicant's federal employer identification number

570

and the applicant's state sales tax registration number.

571

     2.  The permanent location of the applicant's facility in

572

this state at which the project is or is to be located.

573

     3.  A description of the type of business activity or

574

product covered by the project, including, at a minimum, the

575

NAICS four-digit SIC codes for all activities included in the

576

project.

577

     4. The number of net new full-time equivalent state Florida

578

jobs at the qualified target industry business as of December 31

579

of each year included in the project and the average wage for of

580

those jobs. If more than one type of business activity or product

581

is included in the project, the number of jobs and average wage

582

for those jobs must be separately stated for each type of

583

business activity or product.

584

     5.  The total number of full-time equivalent employees

585

employed by the applicant in this state.

586

     6.  The anticipated commencement date of the project.

587

     7.  A brief statement concerning the role that the tax

588

refunds requested will play in the decision of the applicant to

589

locate or expand in this state.

590

     8.  An estimate of the proportion of the sales resulting

591

from the project that will be made outside this state.

592

     9.  A resolution adopted by the governing board of the

593

county or municipality in which the project will be located,

594

which resolution recommends that certain types of businesses be

595

approved as a qualified target industry business and states that

596

the commitments of local financial support necessary for the

597

target industry business exist. In advance of the passage of such

598

resolution, the office may also accept an official letter from an

599

authorized local economic development agency that endorses the

600

proposed target industry project and pledges that sources of

601

local financial support for such project exist. For the purposes

602

of making pledges of local financial support under this

603

subsection, the authorized local economic development agency must

604

shall be officially designated by the passage of a one-time

605

resolution by the local governing authority.

606

     10.  Any additional information requested by the office.

607

     (b)  To qualify for review by the office, the application of

608

a target industry business must, at a minimum, establish the

609

following to the satisfaction of the office:

610

     1.  The jobs proposed to be provided under the application,

611

pursuant to subparagraph (a)4., must pay an estimated annual

612

average wage equaling at least 115 percent of the average private

613

sector wage in the area where the business is to be located or

614

the statewide private sector average wage. In determining the

615

average annual wage, the office shall include only new proposed

616

jobs, and wages for existing jobs shall be excluded from the

617

calculation. The office may waive the this average wage

618

requirement at the request of the local governing body

619

recommending the project and Enterprise Florida, Inc. The wage

620

requirement may only be waived for a project located in a

621

brownfield area designated under s. 376.80, or in a rural city or

622

county, or in an enterprise zone and only when the merits of the

623

individual project or the specific circumstances in the community

624

in relationship to the project warrant such action. If the local

625

governing body and Enterprise Florida, Inc., make such a

626

recommendation, it must be transmitted in writing and the

627

specific justification for the waiver recommendation must be

628

explained. If the director elects to waive the wage requirement,

629

the waiver must be stated in writing and the reasons for granting

630

the waiver must be explained.

631

     2.  The target industry business's project must result in

632

the creation of at least 10 jobs at such project and, if an

633

expansion of an existing business, must result in a net increase

634

in employment of at least not less than 10 percent at the such

635

business. Notwithstanding the definition of the term "expansion

636

of an existing business" in paragraph (1)(g), at the request of

637

the local governing body recommending the project and Enterprise

638

Florida, Inc., the office may define an "expansion of an existing

639

business" in a rural community or an enterprise zone as the

640

expansion of a business resulting in a net increase in employment

641

of less than 10 percent at such business if the merits of the

642

individual project or the specific circumstances in the community

643

in relationship to the project warrant such action. If the local

644

governing body and Enterprise Florida, Inc., make such a request,

645

it must be transmitted in writing and the specific justification

646

for the request must be explained. If the director elects to

647

grant the such request, it such election must be stated in

648

writing and the reason for granting the request must be

649

explained.

650

     3.  The business activity or product for the applicant's

651

project is within an industry or industries that have been

652

identified by the office to be high-value-added industries that

653

contribute to the area and to the economic growth of the state

654

and that produce a higher standard of living for residents

655

citizens of this state in the new global economy or that can be

656

shown to make an equivalent contribution to the area and state's

657

economic progress. The director must approve requests to waive

658

the wage requirement for brownfield areas designated under s.

659

376.80 unless it is demonstrated that such action is not in the

660

public interest.

661

     (c)  Each application meeting the requirements of paragraph

662

(b) must be submitted to the office for determination of

663

eligibility. The office shall review and evaluate each

664

application based on, but not limited to, the following criteria:

665

     1.  Expected contributions to the state strategic economic

666

development plan adopted by Enterprise Florida, Inc., taking into

667

account the long-term effects of the project and of the applicant

668

on the state economy.

669

     2.  The economic benefit of the jobs created by the project

670

in this state, taking into account the cost and average wage of

671

each job created.

672

     3.  The amount of capital investment to be made by the

673

applicant in this state.

674

     4.  The local commitment and support for the project.

675

     5.  The effect of the project on the local community, taking

676

into account the unemployment rate for the county where the

677

project will be located.

678

     6.  The effect of any tax refunds granted pursuant to this

679

section on the viability of the project and the probability that

680

the project will be undertaken in this state if such tax refunds

681

are granted to the applicant, taking into account the expected

682

long-term commitment of the applicant to economic growth and

683

employment in this state.

684

     7.  The expected long-term commitment to this state

685

resulting from the project.

686

     8.  A review of the business's past activities in this state

687

or other states, including whether such business has been

688

subjected to criminal or civil fines and penalties. Nothing in

689

This subparagraph does not shall require the disclosure of

690

confidential information.

691

     (d) Applications shall be reviewed and certified pursuant

692

to s. 288.061 The office shall forward its written findings and

693

evaluation concerning each application meeting the requirements

694

of paragraph (b) to the director within 45 calendar days after

695

receipt of a complete application. The office shall notify each

696

target industry business when its application is complete, and of

697

the time when the 45-day period begins. In its written report to

698

the director, the office shall specifically address each of the

699

factors specified in paragraph (c) and shall make a specific

700

assessment with respect to the minimum requirements established

701

in paragraph (b). The office shall include in its review report

702

projections of the tax refunds the business would be eligible to

703

receive in each fiscal year based on the creation and maintenance

704

of the net new Florida jobs specified in subparagraph (a)4. as of

705

December 31 of the preceding state fiscal year.

706

     (e)1. Within 30 days after receipt of the office's findings

707

and evaluation, the director shall issue a letter of

708

certification that either approves or disapproves the application

709

of the target industry business. The decision must be in writing

710

and must provide the justifications for approval or disapproval.

711

     2. If appropriate, the director shall enter into a written

712

agreement with the qualified target industry business pursuant to

713

subsection (4).

714

     (e)(f) The director may not certify any target industry

715

business as a qualified target industry business if the value of

716

tax refunds to be included in that letter of certification

717

exceeds the available amount of authority to certify new

718

businesses as determined in s. 288.095(3). However, if the

719

commitments of local financial support represent less than 20

720

percent of the eligible tax refund payments, or to otherwise

721

preserve the viability and fiscal integrity of the program, the

722

director may certify a qualified target industry business to

723

receive tax refund payments of less than the allowable amounts

724

specified in paragraph (2)(b). A letter of certification that

725

approves an application must specify the maximum amount of tax

726

refund that will be available to the qualified industry business

727

in each fiscal year and the total amount of tax refunds that will

728

be available to the business for all fiscal years.

729

     (f)(g) Nothing in This section does not shall create a

730

presumption that an applicant shall will receive any tax refunds

731

under this section. However, the office may issue nonbinding

732

opinion letters, upon the request of prospective applicants, as

733

to the applicants' eligibility and the potential amount of

734

refunds.

735

     Section 8.  Paragraph (f) of subsection (4) of section

736

288.107, Florida Statutes, is amended to read:

737

     288.107  Brownfield redevelopment bonus refunds.--

738

     (4)  PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.--

739

     (f) Applications shall be reviewed and certified pursuant

740

to s. 288.106. The office shall review all applications submitted

741

under s. 288.106 or other similar application forms for other

742

eligible businesses as defined in paragraph (1)(e) which indicate

743

that the proposed project will be located in a brownfield and

744

determine, with the assistance of the Department of Environmental

745

Protection, that the project location is within a brownfield as

746

provided in this act.

747

     Section 9.  Paragraphs (b), (c), and (d) of subsection (5)

748

and subsections (7) and (8) of section 288.108, Florida Statutes,

749

are amended to read:

750

     288.108  High-impact business.--

751

     (5)  APPLICATIONS; CERTIFICATION PROCESS; GRANT AGREEMENT.--

752

     (b) Applications shall be reviewed and certified pursuant

753

to s. 288.106 Enterprise Florida, Inc., shall review each

754

submitted application and inform the applicant business whether

755

or not its application is complete within 10 working days. Once

756

the application is deemed complete, Enterprise Florida, Inc., has

757

10 working days within which to evaluate the application and

758

recommend approval or disapproval of the application to the

759

director. In recommending an applicant business for approval,

760

Enterprise Florida, Inc., shall include a recommended grant award

761

amount in its evaluation forwarded to the office.

762

     (c) Upon receipt of the evaluation and recommendation of

763

Enterprise Florida, Inc., the director has 5 working days to

764

enter a final order that either approves or disapproves an

765

applicant business as a qualified high-impact business facility,

766

unless the business requests an extension of the time. The final

767

order shall specify the total amount of the qualified high-impact

768

business facility performance grant award, the performance

769

conditions that must be met to obtain the award, and the schedule

770

for payment of the performance grant.

771

     (c)(d) The director and the qualified high-impact business

772

shall enter into a performance grant agreement setting forth the

773

conditions for payment of the qualified high-impact business

774

performance grant. The agreement shall include the total amount

775

of the qualified high-impact business facility performance grant

776

award, the performance conditions that must be met to obtain the

777

award, including the employment, average salary, investment, the

778

methodology for determining if the conditions have been met, and

779

the schedule of performance grant payments.

780

     (7) REPORTING.--The office shall by December 1 of each year

781

issue a complete and detailed report of all designated high-

782

impact sectors, all applications received and their disposition,

783

all final orders issued, and all payments made, including

784

analyses of benefits and costs, types of projects supported, and

785

employment and investments created. The report shall be submitted

786

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

787

the House of Representatives.

788

     (7)(8) RULEMAKING.--The office may adopt rules necessary to

789

administer carry out the provisions of this section.

790

     Section 10.  Paragraph (a) of subsection (3) of section

791

288.1088, Florida Statutes, is amended to read:

792

     288.1088  Quick Action Closing Fund.--

793

     (3)(a) Enterprise Florida, Inc., shall review applications

794

pursuant to s. 288.061(1) and determine eligibility of each

795

project consistent with the criteria in subsection (2).

796

Enterprise Florida, Inc., in consultation with the Office of

797

Tourism, Trade, and Economic Development, may waive these

798

criteria based on extraordinary circumstances if the project

799

would significantly benefit the local or regional economy.

800

Enterprise Florida, Inc., shall evaluate individual proposals for

801

high-impact business facilities and forward recommendations

802

regarding the use of moneys in the fund for such facilities to

803

the director of the Office of Tourism, Trade, and Economic

804

Development. The Such evaluation and recommendation must include,

805

but need not be limited to:

806

     1.  A description of the type of facility or infrastructure,

807

its operations, and the associated product or service associated

808

with the facility.

809

     2.  The number of full-time-equivalent jobs that will be

810

created by the facility and the total estimated average annual

811

wages of those jobs or, in the case of privately developed rural

812

infrastructure, the types of business activities and jobs

813

stimulated by the investment.

814

     3.  The cumulative amount of investment to be dedicated to

815

the facility within a specified period.

816

     4.  A statement of any special impacts the facility is

817

expected to stimulate in a particular business sector in the

818

state or regional economy or in the state's universities and

819

community colleges.

820

     5.  A statement of the role the incentive is expected to

821

play in the decision of the applicant business to locate or

822

expand in this state or for the private investor to provide

823

critical rural infrastructure.

824

     6.  A report evaluating the quality and value of the company

825

submitting a proposal. The report must include:

826

     a.  A financial analysis of the company, including an

827

evaluation of the company's short-term liquidity ratio as

828

measured by its assets to liability, the company's profitability

829

ratio, and the company's long-term solvency as measured by its

830

debt-to-equity ratio;

831

     b.  The historical market performance of the company;

832

     c.  A review of any independent evaluations of the company;

833

     d.  A review of the latest audit of the company's financial

834

statement and the related auditor's management letter; and

835

     e.  A review of any other types of audits that are related

836

to the internal and management controls of the company.

837

     Section 11.  Section 288.1089, Florida Statutes, is amended

838

to read:

839

     288.1089  Innovation Incentive Program.--

840

     (1)  The Innovation Incentive Program is created within the

841

Office of Tourism, Trade, and Economic Development to ensure that

842

sufficient resources are available to allow the state to respond

843

expeditiously to extraordinary economic opportunities and to

844

compete effectively for high-value research and development and

845

innovation business projects.

846

     (2)  As used in this section, the term:

847

     (a)  "Average private sector wage" means the statewide

848

average wage in the private sector or the average of all private

849

sector wages in the county or in the standard metropolitan area

850

in which the project is located as determined by the Agency for

851

Workforce Innovation.

852

     (b)  "Brownfield area" means an area designated as a

853

brownfield area pursuant to s. 376.80.

854

     (c) "Corporation" means the Scripps Florida Funding

855

Corporation.

856

     (d)(c) "Cumulative investment" means cumulative capital

857

investment and all eligible capital costs, as defined in s.

858

220.191.

859

     (e)(d) "Director" means the director of the Office of

860

Tourism, Trade, and Economic Development.

861

     (f)(e) "Enterprise zone" means an area designated as an

862

enterprise zone pursuant to s. 290.0065.

863

     (g)(f) "Fiscal year" means the state fiscal year.

864

     (h)(g) "Innovation business" means a business expanding or

865

locating in this state that is likely to serve as a catalyst for

866

the growth of an existing or emerging technology cluster or will

867

significantly impact the regional economy in which it is to

868

expand or locate.

869

     (i)(h) "Jobs" means full-time equivalent positions, as that

870

term is consistent with terms used by the Agency for Workforce

871

Innovation and the United States Department of Labor for purposes

872

of unemployment compensation tax administration and employment

873

estimation, resulting directly from a project in this state. The

874

term does not include temporary construction jobs.

875

     (j)(i) "Match" means funding from local sources, public or

876

private, which will be paid to the applicant and which is equal

877

to 100 percent of an award. Eligible match funding may include

878

any tax abatement granted to the applicant under s. 196.1995 or

879

the appraised market value of land, buildings, infrastructure, or

880

equipment conveyed or provided at a discount to the applicant.

881

Complete documentation of a match payment or other conveyance

882

must be presented to and verified by the office prior to transfer

883

of state funds to an applicant. An applicant may not provide,

884

directly or indirectly, more than 5 percent of match funding in

885

any fiscal year. The sources of such funding may not include,

886

directly or indirectly, state funds appropriated from the General

887

Revenue Fund or any state trust fund, excluding tax revenues

888

shared with local governments pursuant to law.

889

     (k) "Naming opportunities" means charitable donations from

890

any person or entity in consideration for the right to have all

891

or a portion of the facility named for or in the memory of any

892

person, living or dead, or for any entity.

893

     (l) "Net royalty revenues" means all royalty revenues less

894

the cost of obtaining, maintaining, and enforcing related patent

895

and intellectual property rights, both foreign and domestic.

896

     (m)(j) "Office" means the Office of Tourism, Trade, and

897

Economic Development.

898

     (n)(k) "Project" means the location to or expansion in this

899

state by an innovation business or research and development

900

applicant approved for an award pursuant to this section.

901

     (o)(l) "Research and development" means basic and applied

902

research in the sciences or engineering, as well as the design,

903

development, and testing of prototypes or processes of new or

904

improved products. Research and development does not include

905

market research, routine consumer product testing, sales

906

research, research in the social sciences or psychology,

907

nontechnological activities, or technical services.

908

     (p)(m) "Research and development facility" means a facility

909

that is predominately engaged in research and development

910

activities. For purposes of this paragraph, the term

911

"predominantly" means at least 51 percent of the time.

912

     (q)(n) "Rural area" means a rural city, rural community, or

913

rural county as defined in s. 288.106.

914

     (3)  To be eligible for consideration for an innovation

915

incentive award, an innovation business or research and

916

development entity must submit a written application to

917

Enterprise Florida, Inc., before making a decision to locate new

918

operations in this state or expand an existing operation in this

919

state. The application must include, but not be limited to:

920

     (a)  The applicant's federal employer identification number,

921

unemployment account number, and state sales tax registration

922

number. If such numbers are not available at the time of

923

application, they must be submitted to the office in writing

924

prior to the disbursement of any payments under this section.

925

     (b)  The location in this state at which the project is

926

located or is to be located.

927

     (c)  A description of the type of business activity,

928

product, or research and development undertaken by the applicant,

929

including six-digit North American Industry Classification System

930

codes for all activities included in the project.

931

     (d)  The applicant's projected investment in the project.

932

     (e)  The total investment, from all sources, in the project.

933

     (f)  The number of net new full-time equivalent jobs in this

934

state the applicant anticipates having created as of December 31

935

of each year in the project; and the average annual wage of such

936

jobs; and the average annual wage of nonmanagement, nonresearch

937

jobs.

938

     (g)  The total number of full-time equivalent employees

939

currently employed by the applicant in this state, if applicable.

940

     (h)  The anticipated commencement date of the project.

941

     (i)  A detailed explanation of why the innovation incentive

942

is needed to induce the applicant to expand or locate in the

943

state and whether an award would cause the applicant to locate or

944

expand in this state.

945

     (j)  If applicable, an estimate of the proportion of the

946

revenues resulting from the project that will be generated

947

outside this state.

948

     (4)  To qualify for review by the office, the applicant

949

must, at a minimum, establish the following to the satisfaction

950

of Enterprise Florida, Inc., and the office:

951

     (a)  The jobs created by the project must pay an estimated

952

annual average wage equaling at least 130 percent of the average

953

private sector wage. The office may waive this average wage

954

requirement at the request of Enterprise Florida, Inc., for a

955

project located in a rural area, a brownfield area, or an

956

enterprise zone, when the merits of the individual project or the

957

specific circumstances in the community in relationship to the

958

project warrant such action. A recommendation for waiver by

959

Enterprise Florida, Inc., must include a specific justification

960

for the waiver and be transmitted to the office in writing. If

961

the director elects to waive the wage requirement, the waiver

962

must be stated in writing and the reasons for granting the waiver

963

must be explained.

964

     (b)  A research and development project must:

965

     1.  Serve as a catalyst for an emerging or evolving

966

technology cluster.

967

     2.  Demonstrate a plan for significant higher education

968

collaboration.

969

     3.  Provide the state, at a minimum, a break-even return on

970

investment within a 20-year period.

971

     4.  Be provided with a one-to-one match from the local

972

community. The match requirement may be reduced or waived in

973

rural areas of critical economic concern or reduced in rural

974

areas, brownfield areas, and enterprise zones.

975

     (c)  An innovation business project in this state, other

976

than a research and development project, must:

977

     1.a.  Result in the creation of at least 1,000 direct, new

978

jobs at the business; or

979

     b.  Result in the creation of at least 500 direct, new jobs

980

if the project is located in a rural area, a brownfield area, or

981

an enterprise zone.

982

     2.  Have an activity or product that is within an industry

983

that is designated as a target industry business under s. 288.106

984

or a designated sector under s. 288.108.

985

     3.a.  Have a cumulative investment of at least $500 million

986

within a 5-year period; or

987

     b.  Have a cumulative investment that exceeds $250 million

988

within a 10-year period if the project is located in a rural

989

area, brownfield area, or an enterprise zone.

990

     4.  Be provided with a one-to-one match from the local

991

community. The match requirement may be reduced or waived in

992

rural areas of critical economic concern or reduced in rural

993

areas, brownfield areas, and enterprise zones.

994

     (5)  Enterprise Florida, Inc., shall evaluate proposals for

995

innovation incentive awards and transmit recommendations for

996

awards to the office. Such evaluation and recommendation must

997

include, but need not be limited to:

998

     (a)  A description of the project, its required facilities,

999

and the associated product, service, or research and development

1000

associated with the project.

1001

     (b)  The percentage of match provided for the project.

1002

     (c)  The number of full-time equivalent jobs that will be

1003

created by the project, the total estimated average annual wages

1004

of such jobs, the average annual wages of nonmanagement and

1005

nonresearch jobs, and the types of business activities and jobs

1006

likely to be stimulated by the project.

1007

     (d)  The cumulative investment to be dedicated to the

1008

project within 5 years and the total investment expected in the

1009

project if more than 5 years.

1010

     (e)  The projected economic and fiscal impacts on the local

1011

and state economies relative to investment.

1012

     (f)  A statement of any special impacts the project is

1013

expected to stimulate in a particular business sector in the

1014

state or regional economy or in the state's universities and

1015

community colleges.

1016

     (g)  A statement of any anticipated or proposed

1017

relationships with state universities.

1018

     (h)  A statement of the role the incentive is expected to

1019

play in the decision of the applicant to locate or expand in this

1020

state.

1021

     (i)  A recommendation and explanation of the amount of the

1022

award needed to cause the applicant to expand or locate in this

1023

state.

1024

     (j)  A discussion of the efforts and commitments made by the

1025

local community in which the project is to be located to induce

1026

the applicant's location or expansion, taking into consideration

1027

local resources and abilities.

1028

     (k)  A recommendation for specific performance criteria the

1029

applicant would be expected to achieve in order to receive

1030

payments from the fund and penalties or sanctions for failure to

1031

meet or maintain performance conditions.

1032

     (l)  For a research and development facility project:

1033

     1.  A description of the extent to which the project has the

1034

potential to serve as catalyst for an emerging or evolving

1035

cluster.

1036

     2.  A description of the extent to which the project has or

1037

could have a long-term collaborative research and development

1038

relationship with one or more universities or community colleges

1039

in this state.

1040

     3.  A description of the existing or projected impact of the

1041

project on established clusters or targeted industry sectors.

1042

     4.  A description of the project's contribution to the

1043

diversity and resiliency of the innovation economy of this state.

1044

     5.  A description of the project's impact on special needs

1045

communities, including, but not limited to, rural areas,

1046

distressed urban areas, and enterprise zones.

1047

     (6)  In consultation with Enterprise Florida, Inc., the

1048

office may negotiate the proposed amount of an award for any

1049

applicant meeting the requirements of this section. In

1050

negotiating such award, the office shall consider the amount of

1051

the incentive needed to cause the applicant to locate or expand

1052

in this state in conjunction with other relevant applicant impact

1053

and cost information and analysis as described in this section.

1054

Particular emphasis shall be given to the potential for the

1055

project to stimulate additional private investment and high-

1056

quality employment opportunities in the area.

1057

     (7)  Upon receipt of the evaluation and recommendation from

1058

Enterprise Florida, Inc., the director shall recommend to the

1059

Governor the approval or disapproval of an award. In recommending

1060

approval of an award, the director shall include proposed

1061

performance conditions that the applicant must meet in order to

1062

obtain incentive funds and any other conditions that must be met

1063

before the receipt of any incentive funds. The Governor shall

1064

consult with the President of the Senate and the Speaker of the

1065

House of Representatives before giving approval for an award.

1066

Upon review and approval of an award by the Legislative Budget

1067

Commission, the Executive Office of the Governor shall release

1068

the funds pursuant to the legislative consultation and review

1069

requirements set forth in s. 216.177.

1070

     (8) After the conditions Upon approval by the Governor and

1071

release of the funds as set forth in subsection (7) have been

1072

met, the director shall issue a letter certifying the applicant

1073

as qualified for an award. The office and the award recipient

1074

applicant shall enter into an agreement that sets forth the

1075

conditions for payment of incentives. The agreement must include

1076

at a minimum:

1077

     (a) The total amount of funds awarded.;

1078

     (b) The performance conditions that must be met to obtain

1079

the award or portions of the award, including, but not limited

1080

to, net new employment in the state, average wage, and total

1081

cumulative investment. Where applicable, the performance

1082

conditions must be at least at the levels specified in this

1083

section for an applicant to qualify for consideration for an

1084

Innovation Incentive Program grant award.;

1085

     (c) Demonstration of a baseline of current service and a

1086

measure of enhanced capability.;

1087

     (d) The methodology for validating performance.;

1088

     (e) The schedule of payments.; and

1089

     (f)1. A reinvestment requirement. Each award recipient

1090

shall be required to reinvest between 10 percent and 15 percent

1091

of the net royalty revenues, including revenues from spin-off

1092

companies and the revenues from the sale of stock it receives

1093

from the licensing or transfer of inventions, methods, processes,

1094

and other patentable discoveries conceived or reduced to practice

1095

using its Florida facilities or its Florida-based employees, in

1096

whole or in part, to which the grant recipient becomes entitled

1097

during the 20 years following the effective date of its agreement

1098

with the state. Each award recipient also shall reinvest between

1099

10 percent and 15 percent of the gross revenues it receives from

1100

naming opportunities associated with any facility it builds in

1101

this state.

1102

     2. Reinvestment payments under this paragraph shall

1103

commence no later than 6 months after the grant recipient has

1104

received the final disbursement under the contract and continue

1105

until the maximum reinvestment, as specified in the contract, has

1106

been paid. Reinvestment payments shall be remitted to the state

1107

for deposit in the Biomedical Research Trust Fund for companies

1108

that specialize in biomedicine or life sciences, or in the

1109

Economic Development Trust Fund for companies that specialize in

1110

fields other than biomedicine or the life sciences, except that

1111

10 percent of each reinvestment payment shall be deposited in the

1112

Building Florida's Future Revolving Loan Guarantee Fund for its

1113

specified purposes. If these trust funds no longer exist at the

1114

time of the reinvestment, the state's share of reinvestment shall

1115

be deposited in their successor trust funds, as determined by

1116

law. Each award recipient shall annually submit a schedule of the

1117

shares of stock held by it as payment of the royalty required by

1118

this paragraph and report on any trades or activity concerning

1119

such stock. Each award recipient's reinvestment obligations

1120

survives the expiration or termination of its agreement with the

1121

state.

1122

     (g) Sanctions for failure to meet performance conditions,

1123

including any clawback provisions.

1124

     (h) Requirements for the establishment of internship

1125

programs or other learning opportunities for educators and

1126

secondary, postsecondary, graduate, and doctoral students.

1127

     (i) Requirements for each award recipient to submit

1128

quarterly reports and annual reports related to activities and

1129

performance to the office and to Enterprise Florida, Inc.

1130

     (j) An annual accounting to the office of the expenditure

1131

of funds disbursed under this section.

1132

     (k) A process for amending the agreement.

1133

     (9)  Enterprise Florida, Inc., shall assist the office in

1134

validating the performance of an innovation business or research

1135

and development facility that has received an award.

1136

     (10) At the conclusion of the innovation incentive award

1137

agreement, or its earlier termination, Enterprise Florida, Inc.,

1138

shall, within 90 days, report the results of the innovation

1139

incentive award to the Governor, the President of the Senate, and

1140

the Speaker of the House of Representatives.

1141

     (11)(10) Each award recipient shall comply with Enterprise

1142

Florida, Inc., shall develop business ethics standards developed

1143

by Enterprise Florida, Inc., which are based on appropriate best

1144

industry practices which shall be applicable to all award

1145

recipients. The standards shall address ethical duties of

1146

business enterprises, fiduciary responsibilities of management,

1147

and compliance with the laws of this state. Enterprise Florida,

1148

Inc., may collaborate with the State University System in

1149

reviewing and evaluating appropriate business ethics standards.

1150

Such standards shall be provided to the Governor, the President

1151

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

1152

December 31, 2006. An award agreement entered into on or after

1153

December 31, 2006, shall require a recipient to comply with the

1154

business ethics standards developed pursuant to this section.

1155

     Section 12.  Section 288.955, Florida Statutes, is amended

1156

to read:

1157

     288.955  Scripps Florida Funding Corporation.--

1158

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

1159

     (a) "Agreement" means an agreement between the Office of

1160

Tourism, Trade, and Economic Development and recipients of

1161

Innovation Incentive Program grants pursuant to s. 288.1089.

1162

     (b)(a) "Contract" means the contract executed between the

1163

corporation and the grantee under this section.

1164

     (c)(b) "Corporation" means the Scripps Florida Funding

1165

Corporation created under this section.

1166

     (d)(c) "Grantee" means The Scripps Research Institute, a

1167

not-for-profit public benefit corporation, or a division,

1168

subsidiary, affiliate, or entity formed by The Scripps Research

1169

Institute to establish a state-of-the-art biomedical research

1170

institution and campus in this state.

1171

     (2)  CREATION.--

1172

     (a)  There is created a not-for-profit corporation known as

1173

the Scripps Florida Funding Corporation, which shall be

1174

registered, incorporated, organized, and operated under chapter

1175

617.

1176

     (b)  The corporation is not a unit or entity of state

1177

government. However, the corporation is subject to the provisions

1178

of s. 24, Art. I of the State Constitution and chapter 119,

1179

relating to public meetings and records, and the provisions of

1180

chapter 286 relating to public meetings and records.

1181

     (c)  The corporation must establish at least one corporate

1182

office in this state and appoint a registered agent.

1183

     (d)  The corporation shall hire or contract for all staff

1184

necessary to the proper execution of its powers and duties within

1185

the funds appropriated to implement this section and shall

1186

require that all officers, directors, and employees of the

1187

corporation comply with the code of ethics for public officers

1188

and employees under part III of chapter 112. In no case may the

1189

corporation expend more than $300,000 in the first year and

1190

$200,000 per year thereafter for staffing and necessary

1191

administrative expenditures, including, but not limited to,

1192

travel and per diem and audit expenditures, using funds

1193

appropriated to implement this section.

1194

     (e)  The Office of Tourism, Trade, and Economic Development

1195

shall provide administrative support to the corporation as

1196

requested by the corporation. In the event of the dissolution of

1197

the corporation, the office shall be the corporation's successor

1198

in interest and shall assume all rights, duties, and obligations

1199

of the corporation under any contract to which the corporation is

1200

then a party and under law.

1201

     (3) PURPOSES PURPOSE.--

1202

     (a) The corporation shall be organized to receive, hold,

1203

invest, administer, and disburse funds appropriated by the

1204

Legislature for the establishment and operation of a state-of-

1205

the-art biomedical research institution and campus in this state

1206

by The Scripps Research Institute. The corporation shall

1207

safeguard the state's commitment of financial support by ensuring

1208

that, as a condition for the receipt of these funds, the grantee

1209

meets its contractual obligations. In this manner, the

1210

corporation shall facilitate and oversee the state goal and

1211

public purpose of providing financial support for the institution

1212

and campus in order to expand the amount and prominence of

1213

biomedical research conducted in this state, provide an

1214

inducement for high-technology businesses to locate in this

1215

state, create educational opportunities through access to and

1216

partnerships with the institution, and promote improved health

1217

care through the scientific outcomes of the institution.

1218

     (b) The corporation also shall serve in an oversight

1219

capacity for the Innovation Incentive Program created in s.

1220

288.1089. In that capacity, the corporation shall enter into a

1221

partnership with the Office of Tourism, Trade, and Economic

1222

Development and Enterprise Florida, Inc., in reviewing the

1223

performance and progress of grant recipients of the Innovation

1224

Incentive Program.

1225

     (4)  BOARD; MEMBERSHIP.--The corporation shall be governed

1226

by a board of directors.

1227

     (a)  The board of directors shall consist of nine voting

1228

members, of whom the Governor shall appoint three, the President

1229

of the Senate shall appoint three, and the Speaker of the House

1230

of Representatives shall appoint three. The director of the

1231

Office of Tourism, Trade, and Economic Development or the

1232

director's designee shall serve as an ex-officio, nonvoting

1233

member of the board of directors.

1234

     (b)  Each member of the board of directors shall serve for a

1235

term of 4 years, and except that initially the Governor, the

1236

President of the Senate, and the Speaker of the House of

1237

Representatives each shall appoint one member for a term of 1

1238

year, one member for a term of 2 years, and one member for a term

1239

of 4 years to achieve staggered terms among the members of the

1240

board. a member is not eligible for reappointment to the board,

1241

except, however, that a member appointed to an initial term of 1

1242

year or 2 years may be reappointed for an additional term of 4

1243

years, and a person appointed to fill a vacancy with 2 years or

1244

less remaining on the term may be reappointed for an additional

1245

term of 4 years. The Governor, the President of the Senate, and

1246

the Speaker of the House of Representatives shall make their

1247

initial appointments to the board by November 15, 2003.

1248

     (c)  The Governor, the President of the Senate, or the

1249

Speaker of the House of Representatives, respectively, shall fill

1250

a vacancy on the board of directors, according to who appointed

1251

the member whose vacancy is to be filled or whose term has

1252

expired. A vacancy that occurs before the scheduled expiration of

1253

the term of the member shall be filled for the remainder of the

1254

unexpired term.

1255

     (d)  Each member of the board of directors who is not

1256

otherwise required to file financial disclosure under s. 8, Art.

1257

II of the State Constitution or s. 112.3144 shall file disclosure

1258

of financial interests under s. 112.3145.

1259

     (e)  A person may not be appointed to the board of directors

1260

if he or she has had any direct interest in any contract,

1261

franchise, privilege, or other benefit granted by The Scripps

1262

Research Institute, or any of its affiliate organizations, or

1263

with any grant recipients of the Innovation Incentive Program

1264

within 5 years before appointment. A person appointed to the

1265

board of directors must agree to refrain from having any direct

1266

interest in any contract, franchise, privilege, or other benefit

1267

granted by The Scripps Research Institute, or any of its

1268

affiliate organizations, or with any grant recipients of the

1269

Innovation Incentive Program during the term of his or her

1270

appointment and for 5 years after the termination of such

1271

appointment. It is a misdemeanor of the first degree, punishable

1272

as provided in s. 775.083 or s. 775.084, for a person to accept

1273

appointment to the board of directors in violation of this

1274

paragraph or to accept a direct interest in any contract,

1275

franchise, privilege, or other benefit granted by the institution

1276

or affiliate within 5 years after the termination of his or her

1277

service on the board.

1278

     (f)  Each member of the board of directors shall serve

1279

without compensation, but shall receive travel and per diem

1280

expenses as provided in s. 112.061 while in the performance of

1281

his or her duties.

1282

     (g)  Each member of the board of directors is accountable

1283

for the proper performance of the duties of office, and each

1284

member owes a fiduciary duty to the people of the state to ensure

1285

that funds provided in furtherance of this section are disbursed

1286

and used as prescribed by law and contract. The Governor, the

1287

President of the Senate, or the Speaker of the House of

1288

Representatives, according to which officer appointed the member,

1289

may remove a member for malfeasance, misfeasance, neglect of

1290

duty, incompetence, permanent inability to perform official

1291

duties, unexcused absence from three consecutive meetings of the

1292

board, arrest or indictment for a crime that is a felony or a

1293

misdemeanor involving theft or a crime of dishonesty, or pleading

1294

nolo contendere to, or being found guilty of, any crime.

1295

     (5)  ORGANIZATION; MEETINGS.--

1296

     (a)1.  The board of directors shall annually elect a

1297

chairperson and a vice chairperson from among the board's

1298

members. The members may, by a vote of five of the nine board

1299

members, remove a member from the position of chairperson or vice

1300

chairperson prior to the expiration of his or her term as

1301

chairperson or vice chairperson. His or her successor shall be

1302

elected to serve for the balance of the removed chairperson's or

1303

vice chairperson's term.

1304

     2.  The chairperson is responsible to ensure that records

1305

are kept of the proceedings of the board of directors and is the

1306

custodian of all books, documents, and papers filed with the

1307

board; the minutes of meetings of the board; and the official

1308

seal of the corporation.

1309

     (b)1.  The board of directors shall meet upon the call of

1310

the chairperson or at the request of a majority of the members,

1311

but no less than three times per calendar year.

1312

     2.  A majority of the voting members of the board of

1313

directors constitutes a quorum. Except as otherwise provided in

1314

this section, the board may take official action by a majority

1315

vote of the members present at any meeting at which a quorum is

1316

present. Members may not vote by proxy.

1317

     3.  A member of the board may participate in a meeting of

1318

the board by telephone or videoconference through which each

1319

member may hear every other member.

1320

     (c) The corporation may include on the same meeting agenda

1321

matters related to The Scripps Research Institute and the

1322

Innovation Incentive Program.

1323

     (6)  POWERS AND DUTIES.--

1324

     (a) The corporation is organized to receive, hold, invest,

1325

administer, and disburse funds appropriated by the Legislature in

1326

support of The Scripps Research Institute this section and to

1327

disburse any income generated from the investment of these funds

1328

consistent with the purpose and provisions of this section. In

1329

addition to the powers and duties prescribed in chapter 617 and

1330

the articles and bylaws adopted under that chapter, the

1331

corporation:

1332

     1.(a) May make and enter into contracts and assume any

1333

other functions that are necessary to carry out the provisions of

1334

this section related to The Scripps Research Institute.

1335

     2.(b) May enter into leases and contracts for the purchase

1336

of real property and hold notes, mortgages, guarantees, or

1337

security agreements to secure the performance of obligations of

1338

the grantee under the contract.

1339

     3.(c) May perform all acts and things necessary or

1340

convenient to carry out the powers expressly granted in this

1341

section and in the a contract entered into between the

1342

corporation and the grantee.

1343

     4.(d) May make expenditures, from funds provided by this

1344

state, including any necessary administrative expenditures

1345

consistent with its powers.

1346

     (e) May indemnify, and purchase and maintain insurance on

1347

behalf of, directors, officers, and employees of the corporation

1348

against any personal liability or accountability.

1349

     5.(f) Shall disburse funds pursuant to the provisions of

1350

this section and a contract entered into between the corporation

1351

and the grantee.

1352

     6.(g) Shall receive and review reports and financial

1353

documentation provided by the grantee to ensure compliance with

1354

the provisions of this section and provisions of the contract.

1355

     7.(h) Shall prepare an annual report as prescribed in

1356

subsection (14).

1357

     (b) The corporation also is directed to:

1358

     1. Review the business plans, quarterly reports, annual

1359

reports, and audit reports of entities that have received a grant

1360

from the Innovation Incentive Program pursuant to s. 288.1089.

1361

     2. Invite all Innovation Incentive Program grant recipients

1362

to appear at its meetings to present progress reports on their

1363

activities.

1364

     3. Prepare an annual report as prescribed in subsection

1365

(15).

1366

     (c) The corporation may indemnify, purchase, and maintain

1367

insurance on behalf of directors, officers, and employees of the

1368

corporation against any personal liability or accountability.

1369

     (d) The corporation may otherwise perform all acts and

1370

things necessary or convenient to carry out the powers expressly

1371

granted in this section.

1372

     (7)  INVESTMENT OF FUNDS.--The corporation must enter into

1373

an agreement with the State Board of Administration under which

1374

funds received by the corporation from the Office of Tourism,

1375

Trade, and Economic Development which are not disbursed to the

1376

grantee shall be invested by the State Board of Administration on

1377

behalf of the corporation. Funds shall be invested in suitable

1378

instruments authorized under s. 215.47 and specified in

1379

investment guidelines established and agreed to by the State

1380

Board of Administration and the corporation.

1381

     (8)  CONTRACT.--

1382

     (a) The 20-year contract negotiated and executed by the

1383

corporation with the grantee By January 30, 2004, the corporation

1384

shall negotiate and execute a contract with the grantee for a

1385

term of 20 years. Such contract shall govern the disbursement and

1386

use of funds under this section. The board may, by a simple

1387

majority vote, authorize one 45-day extension of this deadline.

1388

The corporation may not execute the contract unless the contract

1389

is approved by the affirmative vote of at least seven of the nine

1390

members of the board of directors. At least 14 days before

1391

execution of the contract, The Scripps Research Institute must

1392

submit to the board, the Governor, the President of the Senate,

1393

and the Speaker of the House of Representatives an organizational

1394

plan, in a form and manner prescribed by the board, for the

1395

establishment of a state-of-the-art biomedical research

1396

institution and campus in this state, and the board must submit a

1397

copy of the proposed contract to the Governor, the President of

1398

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

1399

     (b) The contract, at a minimum, must contain provisions:

1400

     1.  Specifying the procedures and schedules that govern the

1401

disbursement of funds under this section and specifying the

1402

conditions or deliverables that the grantee must satisfy before

1403

the release of each disbursement.

1404

     2.  Requiring the grantee to submit to the corporation a

1405

business plan in a form and manner prescribed by the corporation.

1406

     3.  Prohibiting The Scripps Research Institute or the

1407

grantee from establishing other biomedical science or research

1408

facilities in any state other than this state or California for a

1409

period of 12 years from the commencement of the contract. Nothing

1410

in this subparagraph shall prohibit the grantee from establishing

1411

or engaging in normal collaborative activities with other

1412

organizations.

1413

     4.  Governing the ownership of or security interests in real

1414

property and personal property, including, but not limited to,

1415

research equipment, obtained through the financial support of

1416

state or local government, including a provision that in the

1417

event of a breach of the contract or in the event the grantee

1418

ceases operations in this state, such property purchased with

1419

state funds shall revert to the state and such property purchased

1420

with local funds shall revert to the local governing authority.

1421

     5.  Requiring the grantee to be an equal opportunity

1422

employer.

1423

     6.  Requiring the grantee to maintain a policy of awarding

1424

preference in employment to residents of this state, as defined

1425

by law, except for professional scientific staff positions

1426

requiring a doctoral degree, postdoctoral training positions, and

1427

graduate student positions.

1428

     7.  Requiring the grantee to maintain a policy of making

1429

purchases from vendors in this state, to the extent it is cost-

1430

effective and scientifically sound.

1431

     8.  Requiring the grantee to use the Internet-based job-

1432

listing system of the Agency for Workforce Innovation in

1433

advertising employment opportunities.

1434

     9.  Requiring the grantee to establish accredited science

1435

degree programs.

1436

     10.  Requiring the grantee to establish internship programs

1437

to create learning opportunities for educators and secondary,

1438

postsecondary, graduate, and doctoral students.

1439

     11.  Requiring the grantee to submit data to the corporation

1440

on the activities and performance during each fiscal year and to

1441

provide to the corporation an annual accounting of the

1442

expenditure of funds disbursed under this section.

1443

     12.  Establishing that the corporation shall review the

1444

activities of the grantee to assess the grantee's financial and

1445

operational compliance with the provisions of the contract and

1446

with relevant provisions of law.

1447

     13.  Authorizing the grantee, when feasible, to use

1448

information submitted by it to the Federal Government or to other

1449

organizations awarding research grants to the grantee to help

1450

meet reporting requirements imposed under this section or the

1451

contract, if the information satisfies the reporting standards of

1452

this section and the contract.

1453

     14. Unless amended pursuant to the force majeure provisions

1454

in subsection (18), requiring the grantee during the first 7

1455

years of the contract to create 545 positions and to acquire

1456

associated research equipment for the grantee's facility in this

1457

state, and pay for related maintenance of the equipment, in a

1458

total amount of not less than $45 million.

1459

     15.  Requiring the grantee to progress in the creation of

1460

the total number of jobs prescribed in subparagraph 14. on the

1461

following schedule: At least 38 positions in the 1st year, 168

1462

positions in the 2nd year, 280 positions in the 3rd year, 367

1463

positions in the 4th year, 436 positions in the 5th year, 500

1464

positions in the 6th year, and 545 positions in the 7th year. The

1465

corporation's board of directors may allow the grantee to deviate

1466

downward from such employee levels by 25 percent in any year, to

1467

allow the grantee flexibility in achieving the objectives set

1468

forth in the business plan provided to the corporation; however,

1469

the grantee must have no fewer than 545 positions by the end of

1470

the 7th year.

1471

     16.  Requiring the grantee to allow the corporation to

1472

retain an independent certified public accountant licensed in

1473

this state pursuant to chapter 473 to inspect the records of the

1474

grantee in order to audit the expenditure of funds disbursed to

1475

the grantee. The independent certified public accountant shall

1476

not disclose any confidential or proprietary scientific

1477

information of the grantee.

1478

     17.  Requiring the grantee to purchase liability insurance

1479

and governing the coverage level of such insurance.

1480

     (b)(c) An amendment to the contract is not effective unless

1481

it is approved by the affirmative vote of at least seven of the

1482

nine members of the board of directors.

1483

     (9) PERFORMANCE EXPECTATIONS FOR THE SCRIPPS RESEARCH

1484

INSTITUTE.--In addition to the provisions prescribed in

1485

subsection (8), the contract between the corporation and the

1486

grantee shall include a provision that the grantee, in

1487

cooperation with the Office of Tourism, Trade, and Economic

1488

Development, shall report to the corporation on an annual basis

1489

certain performance expectations that reflect the aspirations of

1490

the Governor and the Legislature for the benefits accruing to

1491

this state as a result of the funds appropriated pursuant to this

1492

section. These shall include, but are not limited to, performance

1493

expectations addressing:

1494

     (a)  The number and dollar value of research grants obtained

1495

from the Federal Government or sources other than this state.

1496

     (b)  The percentage of total research dollars received by

1497

The Scripps Research Institute from sources other than this state

1498

which is used to conduct research activities by the grantee in

1499

this state.

1500

     (c)  The number or value of patents obtained by the grantee.

1501

     (d)  The number or value of licensing agreements executed by

1502

the grantee.

1503

     (e)  The extent to which research conducted by the grantee

1504

results in commercial applications.

1505

     (f)  The number of collaborative agreements reached and

1506

maintained with colleges and universities in this state and with

1507

research institutions in this state, including agreements that

1508

foster participation in research opportunities by public and

1509

private colleges and universities and research institutions in

1510

this state with significant minority populations, including

1511

historically black colleges and universities.

1512

     (g)  The number of collaborative partnerships established

1513

and maintained with businesses in this state.

1514

     (h)  The total amount of funding received by the grantee

1515

from sources other than the State of Florida.

1516

     (i)  The number or value of spin-off businesses created in

1517

this state as a result of commercialization of the research of

1518

the grantee.

1519

     (j)  The number or value of businesses recruited to this

1520

state by the grantee.

1521

     (k)  The establishment and implementation of policies to

1522

promote supplier diversity using the guidelines developed by the

1523

Office of Supplier Diversity under s. 287.09451 and to comply

1524

with the ordinances, including any small business ordinances,

1525

enacted by the county and which are applicable to the biomedical

1526

research institution and campus located in this state.

1527

     (l)  The designation by the grantee of a representative to

1528

coordinate with the Office of Supplier Diversity.

1529

     (m)  The establishment and implementation of a program to

1530

conduct workforce recruitment activities at public and private

1531

colleges and universities and community colleges in this state

1532

which request the participation of the grantee.

1533

1534

The contract shall require the grantee to provide information to

1535

the corporation on the progress in meeting these performance

1536

expectations on an annual basis. It is the intent of the

1537

Legislature that, in fulfilling its obligation to work with

1538

Florida's public and private colleges and universities, The

1539

Scripps Research Institute's Florida facility work with such

1540

colleges and universities regardless of size.

1541

     (10)  DISBURSEMENT CONDITIONS.--In addition to the

1542

provisions prescribed in subsection (8), the contract between the

1543

corporation and the grantee shall include disbursement conditions

1544

that must be satisfied by the grantee as a condition for the

1545

continued disbursement of funds under this section. These

1546

disbursement conditions shall be negotiated between the

1547

corporation and the grantee and shall not be designed to impede

1548

the ability of the grantee to attain full operational status. The

1549

disbursement conditions may be appropriately varied as to

1550

timeframes, numbers, values, and percentages. The disbursement

1551

conditions shall include, but are not limited to, the following

1552

areas:

1553

     (a)  Demonstrate creation of jobs and report on the average

1554

salaries paid.

1555

     (b)  Beginning 18 months after the grantee's occupancy of

1556

its permanent facility, the grantee shall annually obtain

1557

$100,000 of nonstate funding for each full-time equivalent

1558

tenured-track faculty member employed at the grantee's Florida

1559

facility.

1560

     (c)  No later than 3 years after the grantee's occupancy of

1561

its permanent facility, the grantee shall apply to the relevant

1562

accrediting agency for accreditation of its Florida graduate

1563

program.

1564

     (d)  The grantee shall purchase equipment for its Florida

1565

facility as scheduled in its contract with the corporation.

1566

     (e)  No later than 18 months after occupying its permanent

1567

facility, the grantee shall establish a program for qualified

1568

graduate students from Florida universities permitting them

1569

access to the facility for doctoral, thesis-related research.

1570

     (f)  No later than 18 months after occupancy of the

1571

permanent facility, the grantee shall establish a summer

1572

internship for high school students.

1573

     (g)  No later than 3 years after occupancy of the permanent

1574

facility, the grantee shall establish a research program for

1575

middle and high school teachers.

1576

     (h)  No later than 18 months after occupancy of the

1577

permanent facility, the grantee shall establish a program for

1578

adjunct professors.

1579

     (i)  No later than 6 months after commissioning its high

1580

throughput technology, the grantee shall establish a program to

1581

allow open access for qualified science projects.

1582

     (j) Beginning June 2004, The grantee shall collaborate

1583

commence collaborative efforts with Florida public and private

1584

colleges and universities, and shall continue cooperative

1585

collaboration through the term of the agreement.

1586

     (k)  Beginning 18 months after the grantee occupies the

1587

permanent facility, the grantee shall establish an annual seminar

1588

series featuring a review of the science work done by the grantee

1589

and its collaborators at the Florida facility.

1590

     (l) Beginning June 2004, The grantee shall collaborate

1591

commence collaboration efforts with the Office of Tourism, Trade,

1592

and Economic Development by complying with reasonable requests

1593

for cooperation in economic development efforts in the

1594

biomed/biotech industry. No later than July 2004, The grantee

1595

shall also designate a person who shall be charged with assisting

1596

in these collaborative efforts.

1597

     (11) DISBURSEMENTS TO THE SCRIPPS RESEARCH INSTUTUTE.--

1598

     (a)  The corporation shall disburse funds to the grantee

1599

over a period of 7 calendar years starting in the calendar year

1600

beginning January 1, 2004, under the terms and conditions of the

1601

contract. The corporation shall complete disbursement of the

1602

total amount of funds payable to the grantee under the contract

1603

no later than December 31, 2010, unless the grantee fails to

1604

satisfy the terms and conditions of the contract. Any funds of

1605

the corporation that are not disbursed by December 31, 2010,

1606

shall be paid to the Biomedical Research Trust Fund of the

1607

Department of Health.

1608

     (b)  The contract shall provide for a reduction or

1609

elimination of funding in any year if:

1610

     1.  The grantee is no longer operating in this state;

1611

     2.  The grantee has failed to commit in writing to maintain

1612

operations in the state for the succeeding year; or

1613

     3.  The grantee commits a material default or breach of the

1614

contract, as defined and governed by the contract. Determination

1615

of material default or breach of contract shall require the

1616

affirmative vote of at least seven of the nine members of the

1617

board.

1618

     (c)  Each disbursement by the corporation to the grantee

1619

under this section is conditioned upon the affirmative approval

1620

of at least five of the nine members of the board of directors

1621

and upon demonstration by the grantee that it has met the

1622

particular contractual deliverables that are the basis for that

1623

disbursement.

1624

     (12)  USE OF FUNDS.--

1625

     (a)  Funds appropriated in furtherance of this section may

1626

not be disbursed or expended for activities that do not

1627

principally benefit or that are not directly related to the

1628

establishment or operation of the grantee in this state, except

1629

upon approval of the affirmative vote of at least seven of the

1630

nine members of the board of directors.

1631

     (b) No Funds appropriated in furtherance of this section

1632

may not be used for the purpose of lobbying any branch or agency

1633

of state government or any political subdivision of the state.

1634

     (c)  The grantee must provide for separate accounts for any

1635

funds appropriated in furtherance of this section and separate

1636

books and records relating to The Scripps Research Institute's

1637

Florida operation.

1638

     (13)  REINVESTMENT.--

1639

     (a)  The grantee shall reinvest 15 percent of the net

1640

royalty revenues, including the revenues from the sale of stock,

1641

received by The Scripps Research Institute from the licensing or

1642

transfer of inventions, methods, processes, and other patentable

1643

discoveries conceived or reduced to practice using the grantee's

1644

Florida facilities or Florida employees, in whole or in part, and

1645

to which the grantee becomes entitled during the 20 years

1646

following the effective date of the contract between the

1647

corporation and the grantee. For purposes of this paragraph, the

1648

term "net royalty revenues" means all royalty revenues less the

1649

cost of obtaining, maintaining, and enforcing related patent and

1650

intellectual property rights, both foreign and domestic.

1651

Reinvestment payments under this paragraph shall commence no

1652

later than 6 months after the grantee has received the final

1653

disbursement under the contract and shall continue until the

1654

maximum reinvestment has been paid.

1655

     (b)  The grantee shall reinvest 15 percent of the gross

1656

revenues it receives from naming opportunities associated with

1657

any facility it builds in this state. For purposes of this

1658

section, the term "naming opportunities" includes charitable

1659

donations from any person or entity in consideration for the

1660

right to have all or a portion of the facility named for or in

1661

the memory of any person, living or dead, or for any entity. The

1662

obligation to make reinvestment payments under this section shall

1663

commence upon the execution of the contract between the

1664

corporation and the grantee.

1665

1666

All reinvestment payments made pursuant to this section shall be

1667

remitted to the state for deposit in the Biomedical Research

1668

Trust Fund or, if such fund has ceased to exist, in another trust

1669

fund that supports biomedical research, as determined by law. The

1670

maximum reinvestment required of the grantee pursuant to this

1671

subsection shall not exceed $200 million. At such time as the

1672

reinvestment payments equal $155 million or the contract expires,

1673

whichever is earlier, the board of the corporation shall

1674

determine whether the performance expectations and disbursement

1675

conditions have been met. If the board determines that the

1676

performance expectations and disbursement conditions have been

1677

met, the amount of $200 million shall be reduced to $155 million.

1678

The grantee shall annually submit a schedule of the shares of

1679

stock held by it as payment of the royalty referred to in

1680

paragraph (a) and report on any trades or activity concerning

1681

such stock. The grantee's obligations under this subsection shall

1682

survive the expiration or termination of the contract between the

1683

corporation and the grantee.

1684

     (14) ANNUAL REPORT ON THE SCRIPPS RESEARCH INSTITUTE.--By

1685

December 1 of each year, the corporation shall prepare a report

1686

of the activities and outcomes under this section for the

1687

preceding fiscal year. The report, at a minimum, must include:

1688

     (a)  A description of the activities of the corporation in

1689

managing and enforcing the contract with the grantee.

1690

     (b)  An accounting of the amount of funds disbursed during

1691

the preceding fiscal year to the grantee.

1692

     (c)  An accounting of expenditures by the grantee during the

1693

fiscal year of funds disbursed under this section.

1694

     (d)  Information on the number and salary level of jobs

1695

created by the grantee, including the number and salary level of

1696

jobs created for residents of this state.

1697

     (e)  Information on the amount and nature of economic

1698

activity generated through the activities of the grantee.

1699

     (f)  An assessment of factors affecting the progress toward

1700

achieving the projected biotech industry cluster associated with

1701

the grantee's operations, as projected by economists on behalf of

1702

the Executive Office of the Governor.

1703

     (g)  A compliance and financial audit of the accounts and

1704

records of the corporation at the end of the preceding fiscal

1705

year conducted by an independent certified public accountant in

1706

accordance with rules of the Auditor General.

1707

     (h)  A description of the status of the performance

1708

expectations under subsection (9) and the disbursement conditions

1709

under subsection (10).

1710

1711

The corporation shall submit the report to the Governor, the

1712

President of the Senate, and the Speaker of the House of

1713

Representatives.

1714

     (15) REPORT ON INNOVATION INCENTIVE PROGRAM

1715

ACTIVITIES.--The corporation shall prepare an annual report of

1716

the activities and outcomes related to its oversight role for the

1717

Innovation Incentive Program for the preceding fiscal year. The

1718

report, at a minimum, must include:

1719

     (a) An assessment of the progress made by each grant

1720

recipient of the Innovation Incentive Program in achieving its

1721

agreement objectives, benchmarks, and performance expectations,

1722

and a discussion of all relevant factors related to its progress

1723

or lack thereof.

1724

     (b) A review of the previous year's compliance and

1725

financial audits of the accounts and records of each grant

1726

recipient conducted by an independent certified public accountant

1727

in accordance with rules of the Auditor General.

1728

     (c) Any recommended legislative changes or administrative

1729

improvements that may be undertaken by the Executive Office of

1730

the Governor.

1731

1732

The corporation shall submit the report to the Governor, the

1733

President of the Senate, and the Speaker of the House of

1734

Representatives by January 10 of each year, beginning in 2009.

1735

     (16)(15) PROGRAM EVALUATION.--

1736

     (a)  Before January 1, 2007, the Office of Program Policy

1737

Analysis and Government Accountability shall conduct a

1738

performance audit of the Office of Tourism, Trade, and Economic

1739

Development and the corporation relating to the provisions of

1740

this section. The audit shall assess the implementation and

1741

outcomes of activities under this section. At a minimum, the

1742

audit shall address:

1743

     1.  Performance of the Office of Tourism, Trade, and

1744

Economic Development in disbursing funds appropriated under this

1745

section.

1746

     2.  Performance of the corporation in managing and enforcing

1747

the contract with the grantee.

1748

     3.  Compliance by the corporation with the provisions of

1749

this section and the provisions of the contract.

1750

     4.  Economic activity generated through funds disbursed

1751

under the contract.

1752

     (b)  Before January 1, 2010, the Office of Program Policy

1753

Analysis and Government Accountability shall update the report

1754

required under paragraph (a) this subsection. In addition to

1755

addressing the items prescribed in paragraph (a), the updated

1756

report shall include a recommendation on whether the Legislature

1757

should retain the statutory authority for the corporation taking

1758

into account the corporation's oversight role for the Innovation

1759

Incentive Program.

1760

1761

A report of each audit's findings and recommendations shall be

1762

submitted to the Governor, the President of the Senate, and the

1763

Speaker of the House of Representatives. In completing the

1764

performance audits required under this subsection, the Office of

1765

Program Policy Analysis and Government Accountability shall

1766

maximize the use of reports submitted by the grantee to the

1767

Federal Government or to other organizations awarding research

1768

grants to the grantee.

1769

     (17)(16) LIABILITY.--

1770

     (a)  The appropriation or disbursement of funds under this

1771

section does not constitute a debt, liability, or obligation of

1772

the State of Florida, any political subdivision thereof, or the

1773

corporation or a pledge of the faith and credit of the state or

1774

of any such political subdivision.

1775

     (b)  The appropriation or disbursement of funds under this

1776

section does not subject the State of Florida, any political

1777

subdivision thereof, or the corporation to liability related to

1778

the research activities and research products of the grantee.

1779

     (18)(17) FORCE MAJEURE.--Notwithstanding any other

1780

provisions contained in this act, if the grantee is prevented

1781

from timely achieving any deadlines set forth in this act due to

1782

its inability to occupy its permanent Florida facility within 2

1783

years after entering into the memorandum of agreement pursuant to

1784

s. 403.973, as a result of permitting delays and related

1785

administrative or judicial proceedings, acts of God, labor

1786

disturbances, or other similar events beyond the control of the

1787

grantee, the deadline shall be extended by the number of days by

1788

which the grantee was delayed in commencing its occupancy of its

1789

permanent Florida facility. In no event shall the extension be

1790

for more than 4 years. Upon the occurrence of a force majeure

1791

event, the Scripps Florida Funding Corporation shall continue to

1792

fund the grantee at a level that permits it to sustain its

1793

current level of operations until the force majeure event ceases

1794

and the grantee is able to resume the contract schedule governing

1795

disbursement.

1796

     Section 13.  Paragraph (a) of subsection (4) of section

1797

288.9624, Florida Statutes, is amended to read:

1798

     288.9624  Florida Opportunity Fund; creation; duties.--

1799

     (4)  For the purpose of mobilizing investment in a broad

1800

variety of Florida-based, new technology companies and generating

1801

a return sufficient to continue reinvestment, the fund shall:

1802

     (a)1. Except as otherwise provided in this section, invest

1803

directly only in seed and early stage venture capital funds that

1804

have experienced managers or management teams with demonstrated

1805

experience, expertise, and a successful history in the investment

1806

of venture capital funds. Investments must be focused, focusing

1807

on opportunities in this state. The fund may not make direct

1808

investments in individual businesses. While not precluded from

1809

investing in venture capital funds that have investments outside

1810

this state, the fund must require a venture capital fund to show

1811

a record of successful investment in this state, to be based in

1812

this state, or to have an office in this state staffed with a

1813

full-time, professional venture investment executive in order to

1814

be eligible for investment.

1815

     2. In entering into partnerships with state universities

1816

that are designated as research universities having very high

1817

research activity by the 2005 Carnegie Classifications, invest

1818

directly in state-based seed or early stage venture capital

1819

funds. These investments shall be used to support companies that

1820

are developing the commercialization of a particular product or

1821

service, and that are operating from laboratory or office space

1822

on a university campus which has been constructed by a private

1823

developer who is providing a minimum match of $3 for every $1 of

1824

state funds for construction and investment. The fund may not

1825

make direct investments in individual businesses.

1826

     Section 14.  Subsection (5) of section 220.191, Florida

1827

Statutes, is amended to read:

1828

     220.191  Capital investment tax credit.--

1829

     (5) Applications shall be reviewed and certified pursuant

1830

to s. 288.061. The office, upon a recommendation by Enterprise

1831

Florida, Inc., shall first certify a business as eligible to

1832

receive tax credits pursuant to this section prior to the

1833

commencement of operations of a qualifying project, and such

1834

certification shall be transmitted to the Department of Revenue.

1835

Upon receipt of the certification, the Department of Revenue

1836

shall enter into a written agreement with the qualifying business

1837

specifying, at a minimum, the method by which income generated by

1838

or arising out of the qualifying project will be determined.

1839

     Section 15.  Subsection (2) of section 288.065, Florida

1840

Statutes, is amended to read:

1841

     288.065  Rural Community Development Revolving Loan Fund.--

1842

     (2)  The program shall provide for long-term loans, loan

1843

guarantees, and loan loss reserves to units of local governments,

1844

or economic development organizations substantially underwritten

1845

by a unit of local government, within counties with populations

1846

of 75,000 or less, or any county that has a population of 120,000

1847

100,000 or less and is contiguous to a county with a population

1848

of 75,000 or less, as determined by the most recent official

1849

estimate pursuant to s. 186.901, residing in incorporated and

1850

unincorporated areas of the county, or to units of local

1851

government, or economic development organizations substantially

1852

underwritten by a unit of local government, within a rural area

1853

of critical economic concern. Requests for loans shall be made by

1854

application to the Office of Tourism, Trade, and Economic

1855

Development. Loans shall be made pursuant to agreements

1856

specifying the terms and conditions agreed to between the

1857

applicant and the Office of Tourism, Trade, and Economic

1858

Development. The loans shall be the legal obligations of the

1859

applicant. All repayments of principal and interest shall be

1860

returned to the loan fund and made available for loans to other

1861

applicants. However, in a rural area of critical economic concern

1862

designated by the Governor, and upon approval by the Office of

1863

Tourism, Trade, and Economic Development, repayments of principal

1864

and interest may be retained by the applicant if such repayments

1865

are dedicated and matched to fund regionally based economic

1866

development organizations representing the rural area of critical

1867

economic concern.

1868

     Section 16.  Paragraphs (b) and (e) of subsection (2) and

1869

subsection (3) of section 288.0655, Florida Statutes, are amended

1870

to read:

1871

     288.0655  Rural Infrastructure Fund.--

1872

     (2)

1873

     (b)  To facilitate access of rural communities and rural

1874

areas of critical economic concern as defined by the Rural

1875

Economic Development Initiative to infrastructure funding

1876

programs of the Federal Government, such as those offered by the

1877

United States Department of Agriculture and the United States

1878

Department of Commerce, and state programs, including those

1879

offered by Rural Economic Development Initiative agencies, and to

1880

facilitate local government or private infrastructure funding

1881

efforts, the office may award grants for up to 30 percent of the

1882

total infrastructure project cost. If an application for funding

1883

is for a catalyst site, as defined in s. 288.0656, the office may

1884

award grants for up to 40 percent of the total infrastructure

1885

project cost. Eligible projects must be related to specific job-

1886

creation or job-retention opportunities. Eligible projects may

1887

also include improving any inadequate infrastructure that has

1888

resulted in regulatory action that prohibits economic or

1889

community growth or reducing the costs to community users of

1890

proposed infrastructure improvements that exceed such costs in

1891

comparable communities. Eligible uses of funds shall include

1892

improvements to public infrastructure for industrial or

1893

commercial sites and upgrades to or development of public tourism

1894

infrastructure. Authorized infrastructure may include the

1895

following public or public-private partnership facilities: storm

1896

water systems; telecommunications facilities; broadband; roads or

1897

other remedies to transportation impediments; nature-based

1898

tourism facilities; or other physical requirements necessary to

1899

facilitate tourism, trade, and economic development activities in

1900

the community. Authorized infrastructure may also include

1901

publicly or privately owned self-powered nature-based tourism

1902

facilities; telecommunications; broadband; and additions to the

1903

distribution facilities of the existing natural gas utility as

1904

defined in s. 366.04(3)(c), the existing electric utility as

1905

defined in s. 366.02, or the existing water or wastewater utility

1906

as defined in s. 367.021(12), or any other existing water or

1907

wastewater facility, which owns a gas or electric distribution

1908

system or a water or wastewater system in this state where:

1909

     1.  A contribution-in-aid of construction is required to

1910

serve public or public-private partnership facilities under the

1911

tariffs of any natural gas, electric, water, or wastewater

1912

utility as defined herein; and

1913

     2.  Such utilities as defined herein are willing and able to

1914

provide such service.

1915

     (e)  To enable local governments to access the resources

1916

available pursuant to s. 403.973(19), the office may award grants

1917

for surveys, feasibility studies, and other activities related to

1918

the identification and preclearance review of land which is

1919

suitable for preclearance review. Authorized grants under this

1920

paragraph shall not exceed $75,000 each, except in the case of a

1921

project in a rural area of critical economic concern, in which

1922

case the grant shall not exceed $300,000. Any funds awarded under

1923

this paragraph must be matched at a level of 50 percent with

1924

local funds, except that any funds awarded for a project in a

1925

rural area of critical economic concern must be matched at a

1926

level of 33 percent with local funds. If an application for

1927

funding is for a catalyst site, as defined in s. 288.0656, the

1928

requirement for local match may be waived. In evaluating

1929

applications under this paragraph, the office shall consider the

1930

extent to which the application seeks to minimize administrative

1931

and consultant expenses.

1932

     (3)  The office, in consultation with Enterprise Florida,

1933

Inc., VISIT Florida, the Department of Environmental Protection,

1934

and the Florida Fish and Wildlife Conservation Commission, as

1935

appropriate, shall review and certify applications pursuant to s.

1936

288.061. The review shall include an evaluation of and evaluate

1937

the economic benefit of the projects and their long-term

1938

viability. The office shall have final approval for any grant

1939

under this section and must make a grant decision within 30 days

1940

of receiving a completed application.

1941

     Section 17.  Section 288.0656, Florida Statutes, is amended

1942

to read:

1943

     288.0656  Rural Economic Development Initiative.--

1944

     (1)(a) Recognizing that rural communities and regions

1945

continue to face extraordinary challenges in their efforts to

1946

achieve significant improvements to their economies, specifically

1947

in terms of personal income, job creation, average wages, and

1948

strong tax bases, it is the intent of the Legislature to

1949

encourage and facilitate the location and expansion in such rural

1950

communities of major economic development projects of significant

1951

scale.

1952

     (b) The Rural Economic Development Initiative, known as

1953

"REDI," is created within the Office of Tourism, Trade, and

1954

Economic Development, and the participation of state and regional

1955

agencies in this initiative is authorized.

1956

     (2)  As used in this section, the term:

1957

(a) "Catalyst project" means a business locating or

1958

expanding in a rural area of critical economic concern that will

1959

serve as an economic growth opportunity of regional significance

1960

for the growth of a regional target industry cluster. The project

1961

will provide capital investment of significant scale which will

1962

affect the entire region and the development of high-wage and

1963

high-skill jobs.

1964

(b) "Catalyst site" means a parcel or parcel of lands

1965

within a rural area of critical economic concern that has been

1966

prioritized as a geographic site for economic development through

1967

partnerships with state, regional, and local organizations. The

1968

site must be reviewed by REDI, and approved by the Office of

1969

Tourism, Trade, and Economic Development for purposes of locating

1970

a catalyst project.

1971

     (c)(a) "Economic distress" means conditions affecting the

1972

fiscal and economic viability of a rural community, including

1973

such factors as low per capita income, low per capita taxable

1974

values, high unemployment, high underemployment, low weekly

1975

earned wages compared to the state average, low housing values

1976

compared to the state average, high percentages of the population

1977

receiving public assistance, high poverty levels compared to the

1978

state average, and a lack of year-round stable employment

1979

opportunities.

1980

     (d) "Rural area of critical economic concern" means a rural

1981

community, or a region composed of rural communities, designated

1982

by the Governor, that has been adversely affected by an

1983

extraordinary economic event, severe or chronic distress, or a

1984

natural disaster or that presents a unique economic development

1985

opportunity of regional impact.

1986

     (e)(b) "Rural community" means:

1987

     1.  A county with a population of 75,000 or less.

1988

     2. A county with a population of 120,000 100,000 or less

1989

that is contiguous to a county with a population of 75,000 or

1990

less.

1991

     3.  A municipality within a county described in subparagraph

1992

1. or subparagraph 2.

1993

     4.  An unincorporated federal enterprise community or an

1994

incorporated rural city with a population of 25,000 or less and

1995

an employment base focused on traditional agricultural or

1996

resource-based industries, located in a county not defined as

1997

rural, which has at least three or more of the economic distress

1998

factors identified in paragraph (a) and verified by the Office of

1999

Tourism, Trade, and Economic Development.

2000

2001

For purposes of this paragraph, population shall be determined in

2002

accordance with the most recent official estimate pursuant to s.

2003

186.901.

2004

     (3)  REDI shall be responsible for coordinating and focusing

2005

the efforts and resources of state and regional agencies on the

2006

problems which affect the fiscal, economic, and community

2007

viability of Florida's economically distressed rural communities,

2008

working with local governments, community-based organizations,

2009

and private organizations that have an interest in the growth and

2010

development of these communities to find ways to balance

2011

environmental and growth management issues with local needs.

2012

     (4)  REDI shall review and evaluate the impact of statutes

2013

and rules on rural communities and shall work to minimize any

2014

adverse impact and undertake outreach and capacity building

2015

efforts.

2016

     (5)  REDI shall facilitate better access to state resources

2017

by promoting direct access and referrals to appropriate state and

2018

regional agencies and statewide organizations. REDI may undertake

2019

outreach, capacity-building, and other advocacy efforts to

2020

improve conditions in rural communities. These activities may

2021

include sponsorship of conferences and achievement awards.

2022

     (6)(a)  By August 1 of each year, the head of each of the

2023

following agencies and organizations shall designate a high-level

2024

staff person from within the agency or organization to serve as

2025

the REDI representative for the agency or organization:

2026

     1.  The Department of Community Affairs.

2027

     2.  The Department of Transportation.

2028

     3.  The Department of Environmental Protection.

2029

     4.  The Department of Agriculture and Consumer Services.

2030

     5.  The Department of State.

2031

     6.  The Department of Health.

2032

     7.  The Department of Children and Family Services.

2033

     8.  The Department of Corrections.

2034

     9.  The Agency for Workforce Innovation.

2035

     10.  The Department of Education.

2036

     11.  The Department of Juvenile Justice.

2037

     12.  The Fish and Wildlife Conservation Commission.

2038

     13.  Each water management district.

2039

     14.  Enterprise Florida, Inc.

2040

     15.  Workforce Florida, Inc.

2041

     16.  The Florida Commission on Tourism or VISIT Florida.

2042

     17.  The Florida Regional Planning Council Association.

2043

     18. The Agency for Health Care Administration Florida State

2044

Rural Development Council.

2045

     19.  The Institute of Food and Agricultural Sciences (IFAS).

2046

2047

An alternate for each designee shall also be chosen, and the

2048

names of the designees and alternates shall be sent to the

2049

director of the Office of Tourism, Trade, and Economic

2050

Development.

2051

     (b)  Each REDI representative must have comprehensive

2052

knowledge of his or her agency's functions, both regulatory and

2053

service in nature, and of the state's economic goals, policies,

2054

and programs. This person shall be the primary point of contact

2055

for his or her agency with REDI on issues and projects relating

2056

to economically distressed rural communities and with regard to

2057

expediting project review, shall ensure a prompt effective

2058

response to problems arising with regard to rural issues, and

2059

shall work closely with the other REDI representatives in the

2060

identification of opportunities for preferential awards of

2061

program funds and allowances and waiver of program requirements

2062

when necessary to encourage and facilitate long-term private

2063

capital investment and job creation.

2064

     (c)  The REDI representatives shall work with REDI in the

2065

review and evaluation of statutes and rules for adverse impact on

2066

rural communities and the development of alternative proposals to

2067

mitigate that impact.

2068

     (d)  Each REDI representative shall be responsible for

2069

ensuring that each district office or facility of his or her

2070

agency is informed about the Rural Economic Development

2071

Initiative and for providing assistance throughout the agency in

2072

the implementation of REDI activities.

2073

     (7)(a) REDI may recommend to the Governor up to three rural

2074

areas of critical economic concern. A rural area of critical

2075

economic concern must be a rural community, or a region composed

2076

of such, that has been adversely affected by an extraordinary

2077

economic event or a natural disaster or that presents a unique

2078

economic development opportunity of regional impact that will

2079

create more than 1,000 jobs over a 5-year period. The Governor

2080

may by executive order designate up to three rural areas of

2081

critical economic concern which will establish these areas as

2082

priority assignments for REDI as well as to allow the Governor,

2083

acting through REDI, to waive criteria, requirements, or similar

2084

provisions of any economic development incentive. Such incentives

2085

shall include, but not be limited to: the Qualified Target

2086

Industry Tax Refund Program under s. 288.106, the Quick Response

2087

Training Program under s. 288.047, the Quick Response Training

2088

Program for participants in the welfare transition program under

2089

s. 288.047(8), transportation projects under s. 288.063, the

2090

brownfield redevelopment bonus refund under s. 288.107, and the

2091

rural job tax credit program under ss. 212.098 and 220.1895.

2092

     (b) Designation as a rural area of critical economic

2093

concern under this subsection shall be contingent upon the

2094

execution of a memorandum of agreement among the Office of

2095

Tourism, Trade, and Economic Development; the governing body of

2096

the county; and the governing bodies of any municipalities to be

2097

included within a rural area of critical economic concern. Such

2098

agreement shall specify the terms and conditions of the

2099

designation, including, but not limited to, the duties and

2100

responsibilities of the county and any participating

2101

municipalities to take actions designed to facilitate the

2102

retention and expansion of existing businesses in the area, as

2103

well as the recruitment of new businesses to the area.

2104

     (c) Each rural area of critical economic concern may

2105

designate catalyst projects, provided that each catalyst project

2106

is specifically recommended by REDI, identified as a catalyst

2107

project by Enterprise Florida, Inc., and confirmed as a catalyst

2108

project by the Office of Tourism, Trade, and Economic

2109

Development. All state agencies and departments shall use all

2110

available tools and resources to the extent permissible by law to

2111

promote the creation and development of each catalyst project and

2112

the development of catalyst sites.

2113

     (8) REDI shall assist local governments within rural areas

2114

of critical economic concern with comprehensive planning needs

2115

with efforts that further the provisions of this section. Such

2116

assistance shall reflect a multidisciplinary approach among all

2117

agencies and shall include economic development and planning

2118

objectives.

2119

     (a) A local government may request assistance in the

2120

preparation of comprehensive plan amendments, pursuant to part II

2121

of chapter 163, that will stimulate economic activity.

2122

     1. The local government must contact the Office of Tourism,

2123

Trade, and Economic Development to request assistance.

2124

     2. REDI representatives shall meet with the local

2125

government within 15 days after such request to develop the scope

2126

of assistance that will be provided to assist the development,

2127

transmittal, and adoption of the proposed comprehensive plan

2128

amendment.

2129

     3. As part of the assistance provided, REDI representatives

2130

shall also identify other needed local and developer actions for

2131

approval of the project and recommend a timeline for the local

2132

government and developer that will minimize project delays.

2133

     (b) In addition, REDI shall solicit requests each year for

2134

assistance from local governments within a rural area of critical

2135

economic concern to update the future land use element and other

2136

associated elements of the local government's comprehensive plan

2137

to better position the community to respond to economic

2138

development potential within the county or municipality. REDI

2139

shall provide direct assistance to such local governments to

2140

update their comprehensive plans pursuant to this paragraph. At

2141

least one comprehensive planning technical assistance effort

2142

shall be selected each year.

2143

     (c) REDI shall develop and annually update a technical

2144

assistance manual based upon experiences learned in providing

2145

direct assistance under this subsection.

2146

     (9)(8) REDI shall submit a report to the Governor, the

2147

President of the Senate, and the Speaker of the House of

2148

Representatives each year on or before September February 1 on

2149

all REDI activities for the prior fiscal year. This report shall

2150

include a status report on all projects currently being

2151

coordinated through REDI, the number of preferential awards and

2152

allowances made pursuant to this section, the dollar amount of

2153

such awards, and the names of the recipients. The report shall

2154

also include a description of all waivers of program requirements

2155

granted. The report shall also include information as to the

2156

economic impact of the projects coordinated by REDI.

2157

     Section 18.  Subsection (1) of section 288.0657, Florida

2158

Statutes, is amended to read:

2159

     288.0657  Florida rural economic development strategy

2160

grants.--

2161

     (1)  As used in this section, the term "rural community"

2162

means:

2163

     (a)  A county with a population of 75,000 or less.

2164

     (b) A county with a population of 120,000 100,000 or less

2165

that is contiguous to a county with a population of 75,000 or

2166

less.

2167

     (c)  A municipality within a county described in paragraph

2168

(a) or paragraph (b).

2169

2170

For purposes of this subsection, population shall be determined

2171

in accordance with the most recent official estimate pursuant to

2172

s. 186.901.

2173

     Section 19. In order to carry out the additional rural

2174

economic development responsibilities in this act, one full-time

2175

equivalent position and the recurring sum of $60,000 for

2176

associated salaries and benefits is appropriated from the General

2177

Revenue Fund to the Office of Tourism, Trade, and Economic

2178

Development.

2179

     Section 20.  Subsection (2) of section 257.193, Florida

2180

Statutes, is amended to read:

2181

     257.193  Community Libraries in Caring Program.--

2182

     (2)  The purpose of the Community Libraries in Caring

2183

Program is to assist libraries in rural communities, as defined

2184

in s. 288.0656(2)(b) and subject to the provisions of s.

2185

288.06561, to strengthen their collections and services, improve

2186

literacy in their communities, and improve the economic viability

2187

of their communities.

2188

     Section 21.  Section 288.019, Florida Statutes, is amended

2189

to read:

2190

     288.019  Rural considerations in grant review and evaluation

2191

processes.--Notwithstanding any other law, and to the fullest

2192

extent possible, the member agencies and organizations of the

2193

Rural Economic Development Initiative (REDI) as defined in s.

2194

288.0656(6)(a) shall review all grant and loan application

2195

evaluation criteria to ensure the fullest access for rural

2196

counties as defined in s. 288.0656(2)(b) to resources available

2197

throughout the state.

2198

     (1)  Each REDI agency and organization shall review all

2199

evaluation and scoring procedures and develop modifications to

2200

those procedures which minimize the impact of a project within a

2201

rural area.

2202

     (2)  Evaluation criteria and scoring procedures must provide

2203

for an appropriate ranking based on the proportionate impact that

2204

projects have on a rural area when compared with similar project

2205

impacts on an urban area.

2206

     (3)  Evaluation criteria and scoring procedures must

2207

recognize the disparity of available fiscal resources for an

2208

equal level of financial support from an urban county and a rural

2209

county.

2210

     (a)  The evaluation criteria should weight contribution in

2211

proportion to the amount of funding available at the local level.

2212

     (b)  In-kind match should be allowed and applied as

2213

financial match when a county is experiencing financial distress

2214

through elevated unemployment at a rate in excess of the state's

2215

average by 5 percentage points or because of the loss of its ad

2216

valorem base.

2217

     (4)  For existing programs, the modified evaluation criteria

2218

and scoring procedure must be delivered to the Office of Tourism,

2219

Trade, and Economic Development for distribution to the REDI

2220

agencies and organizations. The REDI agencies and organizations

2221

shall review and make comments. Future rules, programs,

2222

evaluation criteria, and scoring processes must be brought before

2223

a REDI meeting for review, discussion, and recommendation to

2224

allow rural counties fuller access to the state's resources.

2225

     Section 22.  Section 288.06561, Florida Statutes, is amended

2226

to read:

2227

     288.06561  Reduction or waiver of financial match

2228

requirements.--Notwithstanding any other law, the member agencies

2229

and organizations of the Rural Economic Development Initiative

2230

(REDI), as defined in s. 288.0656(6)(a), shall review the

2231

financial match requirements for projects in rural areas as

2232

defined in s. 288.0656(2)(b).

2233

     (1)  Each agency and organization shall develop a proposal

2234

to waive or reduce the match requirement for rural areas.

2235

     (2)  Agencies and organizations shall ensure that all

2236

proposals are submitted to the Office of Tourism, Trade, and

2237

Economic Development for review by the REDI agencies.

2238

     (3)  These proposals shall be delivered to the Office of

2239

Tourism, Trade, and Economic Development for distribution to the

2240

REDI agencies and organizations. A meeting of REDI agencies and

2241

organizations must be called within 30 days after receipt of such

2242

proposals for REDI comment and recommendations on each proposal.

2243

     (4)  Waivers and reductions must be requested by the county

2244

or community, and such county or community must have three or

2245

more of the factors identified in s. 288.0656(2)(a).

2246

     (5)  Any other funds available to the project may be used

2247

for financial match of federal programs when there is fiscal

2248

hardship, and the match requirements may not be waived or

2249

reduced.

2250

     (6)  When match requirements are not reduced or eliminated,

2251

donations of land, though usually not recognized as an in-kind

2252

match, may be permitted.

2253

     (7)  To the fullest extent possible, agencies and

2254

organizations shall expedite the rule adoption and amendment

2255

process if necessary to incorporate the reduction in match by

2256

rural areas in fiscal distress.

2257

     (8)  REDI shall include in its annual report an evaluation

2258

on the status of changes to rules, number of awards made with

2259

waivers, and recommendations for future changes.

2260

     Section 23.  Paragraph (d) of subsection (15) of section

2261

627.6699, Florida Statutes, is amended to read:

2262

     627.6699  Employee Health Care Access Act.--

2263

     (15)  SMALL EMPLOYERS ACCESS PROGRAM.--

2264

     (d)  Eligibility.--

2265

     1.  Any small employer that is actively engaged in business,

2266

has its principal place of business in this state, employs up to

2267

25 eligible employees on business days during the preceding

2268

calendar year, employs at least 2 employees on the first day of

2269

the plan year, and has had no prior coverage for the last 6

2270

months may participate.

2271

     2.  Any municipality, county, school district, or hospital

2272

employer located in a rural community as defined in s.

2273

288.0656(2)(b) may participate.

2274

     3.  Nursing home employers may participate.

2275

     4.  Each dependent of a person eligible for coverage is also

2276

eligible to participate.

2277

Any employer participating in the program must do so until the

2278

end of the term for which the carrier providing the coverage is

2279

obligated to provide such coverage to the program. Coverage for a

2280

small employer group that ceases to meet the eligibility

2281

requirements of this section may be terminated at the end of the

2282

policy period for which the necessary premiums have been paid.

2283

     Section 24.  This act shall take effect upon becoming a law.

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