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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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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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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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
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Statutes, are amended to read:
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288.106 Tax refund program for qualified target industry
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businesses.--
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(1) DEFINITIONS.-- As used in this section:
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(r) "Rural county" means a county with a population of
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75,000 or fewer or a county with a population of 120,000 100,000
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or fewer which is contiguous to a county with a population of
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75,000 or fewer.
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(4) TAX REFUND AGREEMENT.--
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(b) Compliance with the terms and conditions of the
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agreement is a condition precedent for the receipt of a tax
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refund each year. The failure to comply with the terms and
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conditions of the tax refund agreement results in the loss of
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eligibility for receipt of all tax refunds previously authorized
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under this section and the revocation by the director of the
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certification of the business entity as a qualified target
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industry business, unless the business is eligible to receive and
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elects to accept a prorated refund under paragraph (5)(d) or the
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office grants the business an economic-stimulus exemption.
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1. A qualified target industry business may submit, in
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writing, a request to the office for an economic-stimulus
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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
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
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
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
2090
brownfield redevelopment bonus refund under s. 288.107, and the
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.