Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 2034
       
       
       
       
       
       
                                Barcode 359802                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/16/2009           .                                
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       The Committee on Governmental Oversight and Accountability
       (Crist) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (1), (2), and (3), paragraph (d) of
    6  subsection (4), and subsections (5), (7), (8), (9), and (10) of
    7  section 288.1089, Florida Statutes, are amended, and subsections
    8  (11) and (12) are added to that section, to read:
    9         288.1089 Innovation Incentive Program.—
   10         (1) The Innovation Incentive Program is created within the
   11  Office of Tourism, Trade, and Economic Development to ensure
   12  that sufficient resources are available to allow the state to
   13  respond expeditiously to extraordinary economic opportunities
   14  and to compete effectively for high-value research and
   15  development, and innovation business, and alternative and
   16  renewal energy projects.
   17         (2) As used in this section, the term:
   18         (a) “Alternative and renewable energy” means electrical,
   19  mechanical, or thermal energy produced from a method that uses
   20  one or more of the following fuels or energy sources: ethanol,
   21  cellulosic ethanol, biobutanol, biodiesel, biomass, biogas,
   22  hydrogen fuel cells, ocean energy, hydrogen, solar, hydro, wind,
   23  or geothermal.
   24         (b) “Average private sector wage” means the statewide
   25  average wage in the private sector or the average of all private
   26  sector wages in the county or in the standard metropolitan area
   27  in which the project is located as determined by the Agency for
   28  Workforce Innovation.
   29         (c) “Brownfield area” means an area designated as a
   30  brownfield area pursuant to s. 376.80.
   31         (d)”Commission” means the Florida Energy and Climate
   32  Commission.
   33         (e)(d) “Cumulative investment” means cumulative capital
   34  investment and all eligible capital costs, as defined in s.
   35  220.191.
   36         (f)(e) “Director” means the director of the Office of
   37  Tourism, Trade, and Economic Development.
   38         (g)(f) “Enterprise zone” means an area designated as an
   39  enterprise zone pursuant to s. 290.0065.
   40         (h)(g) “Fiscal year” means the state fiscal year.
   41         (i)“Industry wage” means the average annual wage paid to
   42  employees in a particular industry, as designated by the North
   43  American Industry Classification System (NAICS), and compiled by
   44  the Bureau of Labor Statistics of the United States Department
   45  of Labor.
   46         (j)(h) “Innovation business” means a business expanding or
   47  locating in this state that is likely to serve as a catalyst for
   48  the growth of an existing or emerging technology cluster or will
   49  significantly impact the regional economy in which it is to
   50  expand or locate.
   51         (k)(i) “Jobs” means full-time equivalent positions, as that
   52  term is consistent with terms used by the Agency for Workforce
   53  Innovation and the United States Department of Labor for
   54  purposes of unemployment compensation tax administration and
   55  employment estimation, resulting directly from a project in this
   56  state. The term does not include temporary construction jobs.
   57         (l)“Naming opportunities” means charitable donations from
   58  any person or entity in consideration for the right to have all
   59  or a portion of the facility named for or in the memory of any
   60  person, living or dead, or for any entity.
   61         (m)“Net royalty revenues” means all royalty revenues less
   62  the cost of obtaining, maintaining, and enforcing related patent
   63  and intellectual property rights, both foreign and domestic.
   64         (n)(j) “Match” means funding from local sources, public or
   65  private, which will be paid to the applicant and which is equal
   66  to 100 percent of an award. Eligible match funding may include
   67  any tax abatement granted to the applicant under s. 196.1995 or
   68  the appraised market value of land, buildings, infrastructure,
   69  or equipment conveyed or provided at a discount to the
   70  applicant. Complete documentation of a match payment or other
   71  conveyance must be presented to and verified by the office prior
   72  to transfer of state funds to an applicant. An applicant may not
   73  provide, directly or indirectly, more than 5 percent of match
   74  funding in any fiscal year. The sources of such funding may not
   75  include, directly or indirectly, state funds appropriated from
   76  the General Revenue Fund or any state trust fund, excluding tax
   77  revenues shared with local governments pursuant to law.
   78         (o)(k) “Office” means the Office of Tourism, Trade, and
   79  Economic Development.
   80         (p)(l) “Project” means the location to or expansion in this
   81  state by an innovation business, a or research and development
   82  applicant, or an alternative and renewable energy applicant
   83  approved for an award pursuant to this section.
   84         (q)(m) “Research and development” means basic and applied
   85  research in the sciences or engineering, as well as the design,
   86  development, and testing of prototypes or processes of new or
   87  improved products. Research and development does not include
   88  market research, routine consumer product testing, sales
   89  research, research in the social sciences or psychology,
   90  nontechnological activities, or technical services.
   91         (r)(n) “Research and development facility” means a facility
   92  that is predominately engaged in research and development
   93  activities. For purposes of this paragraph, the term
   94  “predominantly” means at least 51 percent of the time.
   95         (s)(o) “Rural area” means a rural city, rural community, or
   96  rural county as defined in s. 288.106.
   97         (3) To be eligible for consideration for an innovation
   98  incentive award, an innovation business, a or research and
   99  development entity, or an alternative and renewable energy
  100  company project must submit a written application to Enterprise
  101  Florida, Inc., before making a decision to locate new operations
  102  in this state or expand an existing operation in this state. The
  103  application must include, but not be limited to:
  104         (a) The applicant’s federal employer identification number,
  105  unemployment account number, and state sales tax registration
  106  number. If such numbers are not available at the time of
  107  application, they must be submitted to the office in writing
  108  prior to the disbursement of any payments under this section.
  109         (b) The location in this state at which the project is
  110  located or is to be located.
  111         (c) A description of the type of business activity,
  112  product, or research and development undertaken by the
  113  applicant, including six-digit North American Industry
  114  Classification System codes for all activities included in the
  115  project.
  116         (d) The applicant’s projected investment in the project.
  117         (e) The total investment, from all sources, in the project.
  118         (f) The number of net new full-time equivalent jobs in this
  119  state the applicant anticipates having created as of December 31
  120  of each year in the project and the average annual wage of such
  121  jobs.
  122         (g) The total number of full-time equivalent employees
  123  currently employed by the applicant in this state, if
  124  applicable.
  125         (h) The anticipated commencement date of the project.
  126         (i) A detailed explanation of why the innovation incentive
  127  is needed to induce the applicant to expand or locate in the
  128  state and whether an award would cause the applicant to locate
  129  or expand in this state.
  130         (j) If applicable, an estimate of the proportion of the
  131  revenues resulting from the project that will be generated
  132  outside this state.
  133         (4) To qualify for review by the office, the applicant
  134  must, at a minimum, establish the following to the satisfaction
  135  of Enterprise Florida, Inc., and the office:
  136         (d) For an alternative and renewable energy project in this
  137  state, the project must:
  138         1. Demonstrate a plan for significant collaboration with an
  139  institution of higher education;
  140         2. Provide the state, at a minimum, a break-even return on
  141  investment within a 20-year period;
  142         3. Include matching funds provided by the applicant or
  143  other available sources. The match requirement may be reduced or
  144  waived in rural areas of critical economic concern or reduced in
  145  rural areas, brownfield areas, and enterprise zones This
  146  requirement may be waived if the office and the department
  147  determine that the merits of the individual project or the
  148  specific circumstances warrant such action;
  149         4. Be located in this state; and
  150         5. Provide at least 35 direct, new jobs that pay an
  151  estimated annual average wage that equals at least 130 percent
  152  of the average private sector wage. The average wage requirement
  153  may be waived if the office and the commission determine that
  154  the merits of the individual project or the specific
  155  circumstances warrant such action; and
  156         6. Meet one of the following criteria:
  157         a. Result in the creation of at least 35 direct, new jobs
  158  at the business.
  159         b. Have an activity or product that uses feedstock or other
  160  raw materials grown or produced in this state.
  161         c. Have a cumulative investment of at least $50 million
  162  within a 5-year period.
  163         d. Address the technical feasibility of the technology, and
  164  the extent to which the proposed project has been demonstrated
  165  to be technically feasible based on pilot project
  166  demonstrations, laboratory testing, scientific modeling, or
  167  engineering or chemical theory that supports the proposal.
  168         e. Include innovative technology and the degree to which
  169  the project or business incorporates an innovative new
  170  technology or an innovative application of an existing
  171  technology.
  172         f. Include production potential and the degree to which a
  173  project or business generates thermal, mechanical, or electrical
  174  energy by means of a renewable energy resource that has
  175  substantial long-term production potential. The project must, to
  176  the extent possible, quantify annual production potential in
  177  megawatts or kilowatts.
  178         g. Include and address energy efficiency and the degree to
  179  which a project demonstrates efficient use of energy, water, and
  180  material resources.
  181         h. Include project management and the ability of management
  182  to administer and complete the business project.
  183         (5) Enterprise Florida, Inc., shall evaluate proposals for
  184  all three categories of innovation incentive awards and transmit
  185  recommendations for awards to the office. Before making its
  186  recommendations on alternative and renewable energy projects,
  187  Enterprise Florida, Inc., shall solicit comments and
  188  recommendations from the Florida Energy and Climate Commission
  189  for alternative and renewable energy project proposals. For each
  190  project, Such evaluation and recommendation to the office must
  191  include, but need not be limited to:
  192         (a) A description of the project, its required facilities,
  193  and the associated product, service, or research and development
  194  associated with the project.
  195         (b) The percentage of match provided for the project.
  196         (c) The number of full-time equivalent jobs that will be
  197  created by the project, the total estimated average annual wages
  198  of such jobs, and the types of business activities and jobs
  199  likely to be stimulated by the project.
  200         (d) The cumulative investment to be dedicated to the
  201  project within 5 years and the total investment expected in the
  202  project if more than 5 years.
  203         (e) The projected economic and fiscal impacts on the local
  204  and state economies relative to investment.
  205         (f) A statement of any special impacts the project is
  206  expected to stimulate in a particular business sector in the
  207  state or regional economy or in the state’s universities and
  208  community colleges.
  209         (g) A statement of any anticipated or proposed
  210  relationships with state universities.
  211         (h) A statement of the role the incentive is expected to
  212  play in the decision of the applicant to locate or expand in
  213  this state.
  214         (i) A recommendation and explanation of the amount of the
  215  award needed to cause the applicant to expand or locate in this
  216  state.
  217         (j) A discussion of the efforts and commitments made by the
  218  local community in which the project is to be located to induce
  219  the applicant’s location or expansion, taking into consideration
  220  local resources and abilities.
  221         (k) A recommendation for specific performance criteria the
  222  applicant would be expected to achieve in order to receive
  223  payments from the fund and penalties or sanctions for failure to
  224  meet or maintain performance conditions.
  225         (l) Additional evaluative criteria for a research and
  226  development facility project include:
  227         1. A description of the extent to which the project has the
  228  potential to serve as catalyst for an emerging or evolving
  229  cluster.
  230         2. A description of the extent to which the project has or
  231  could have a long-term collaborative research and development
  232  relationship with one or more universities or community colleges
  233  in this state.
  234         3. A description of the existing or projected impact of the
  235  project on established clusters or targeted industry sectors.
  236         4. A description of the project’s contribution to the
  237  diversity and resiliency of the innovation economy of this
  238  state.
  239         5. A description of the project’s impact on special needs
  240  communities, including, but not limited to, rural areas,
  241  distressed urban areas, and enterprise zones.
  242         (m)Additional evaluative criteria for alternative and
  243  renewable energy proposals include:
  244         1.The availability of matching funds or other in-kind
  245  contributions applied to the total project from an applicant.
  246  The commission shall give greater preference to projects that
  247  provide such matching funds or other in-kind contributions.
  248         2.The degree to which the project stimulates in-state
  249  capital investment and economic development in metropolitan and
  250  rural areas, including the creation of jobs and the future
  251  development of a commercial market for renewable energy
  252  technologies.
  253         3.The extent to which the proposed project has been
  254  demonstrated to be technically feasible based on pilot project
  255  demonstrations, laboratory testing, scientific modeling, or
  256  engineering or chemical theory that supports the proposal.
  257         4.The degree to which the project incorporates an
  258  innovative new technology or an innovative application of an
  259  existing technology.
  260         5.The degree to which a project generates thermal,
  261  mechanical, or electrical energy by means of a renewable energy
  262  resource that has substantial long-term production potential.
  263         6.The degree to which a project demonstrates efficient use
  264  of energy and material resources.
  265         7.The degree to which the project fosters overall
  266  understanding and appreciation of renewable energy technologies.
  267         8.The ability to administer a complete project.
  268         9.Project duration and timeline for expenditures.
  269         10.The geographic area in which the project is to be
  270  conducted in relation to other projects.
  271         11.The degree of public visibility and interaction.
  272         (7) Upon receipt of the evaluation and recommendation from
  273  Enterprise Florida, Inc., and from the Florida Energy and
  274  Climate Commission for alternative and renewable energy project
  275  proposals, the director shall recommend to the Governor the
  276  approval or disapproval of an award. In recommending approval of
  277  an award, the director shall include proposed performance
  278  conditions that the applicant must meet in order to obtain
  279  incentive funds and any other conditions that must be met before
  280  the receipt of any incentive funds. The Governor shall consult
  281  with the President of the Senate and the Speaker of the House of
  282  Representatives before giving approval for an award. Upon review
  283  and approval of an award by the Legislative Budget Commission,
  284  the Executive Office of the Governor shall release the funds
  285  pursuant to the legislative consultation and review requirements
  286  set forth in s. 216.177.
  287         (8)(a)After the conditions Upon approval by the Governor
  288  and release of the funds as set forth in subsection (7) have
  289  been met, the director shall issue a letter certifying the
  290  applicant as qualified for an award. The office and the award
  291  recipient applicant shall enter into an agreement that sets
  292  forth the conditions for payment of the incentive funds
  293  incentives. The agreement must include, at a minimum:
  294         1. The total amount of funds awarded.;
  295         2. The performance conditions that must be met in order to
  296  obtain the award or portions of the award, including, but not
  297  limited to, net new employment in the state, average wage, and
  298  total cumulative investment.;
  299         3. Demonstration of a baseline of current service and a
  300  measure of enhanced capability.;
  301         4. The methodology for validating performance.;
  302         5. The schedule of payments.; and
  303         6. Sanctions for failure to meet performance conditions,
  304  including any clawback provisions.
  305         (b)Additionally, agreements signed on or after July 1,
  306  2009, must include the following provisions:
  307         1.Notwithstanding subsection (4), a requirement that the
  308  jobs created by the recipient of the incentive funds pay an
  309  annual average wage at least equal to the relevant industry’s
  310  annual average wage or at least 130 percent of the average
  311  private-sector wage, whichever is greater.
  312         2.A reinvestment requirement. Each recipient of an award
  313  shall reinvest up to 15 percent of net royalty revenues,
  314  including revenues from spin-off companies and the revenues from
  315  the sale of stock it receives from the licensing or transfer of
  316  inventions, methods, processes, and other patentable discoveries
  317  conceived or reduced to practice using its facilities in Florida
  318  or its Florida-based employees, in whole or in part, and to
  319  which the recipient of the grant becomes entitled during the 20
  320  years following the effective date of its agreement with the
  321  office. Each recipient of an award also shall reinvest up to 15
  322  percent of the gross revenues it receives from naming
  323  opportunities associated with any facility it builds in this
  324  state. Reinvestment payments shall commence no later than 6
  325  months after the recipient of the grant has received the final
  326  disbursement under the contract and shall continue until the
  327  maximum reinvestment, as specified in the contract, has been
  328  paid. Reinvestment payments shall be remitted to the office for
  329  deposit in the Biomedical Research Trust Fund for companies
  330  specializing in biomedicine or life sciences, or in the Economic
  331  Development Trust Fund for companies specializing in fields
  332  other than biomedicine or the life sciences. If these trust
  333  funds no longer exist at the time of the reinvestment, the
  334  state’s share of reinvestment shall be deposited in their
  335  successor trust funds as determined by law. Each recipient of an
  336  award shall annually submit a schedule of the shares of stock
  337  held by it as payment of the royalty required by this paragraph
  338  and report on any trades or activity concerning such stock. Each
  339  recipient’s reinvestment obligations survive the expiration or
  340  termination of its agreement with the state.
  341         3.Requirements for the establishment of internship
  342  programs or other learning opportunities for educators and
  343  secondary, postsecondary, graduate, and doctoral students.
  344         4.A requirement that the recipient submit quarterly
  345  reports and annual reports related to activities and performance
  346  to the office, according to standardized reporting periods.
  347         5.A requirement for an annual accounting to the office of
  348  the expenditure of funds disbursed under this section.
  349         6.A process for amending the agreement.
  350         (9) Enterprise Florida, Inc., shall assist the office in
  351  validating the performance of an innovation business, a or
  352  research and development facility, or an alternative and
  353  renewable energy business that has received an award. At the
  354  conclusion of the innovation incentive award agreement, or its
  355  earlier termination, Enterprise Florida, Inc., shall, within 90
  356  days, submit a report the results of the innovation incentive
  357  award to the Governor, the President of the Senate, and the
  358  Speaker of the House of Representatives detailing whether the
  359  recipient of the innovation incentive grant achieved its
  360  specified outcomes.
  361         (10) Each recipient of an award shall comply with
  362  Enterprise Florida, Inc., shall develop business ethics
  363  standards developed by Enterprise Florida, Inc., which are based
  364  on appropriate best industry practices which shall be applicable
  365  to all award recipients. The standards shall address ethical
  366  duties of business enterprises, fiduciary responsibilities of
  367  management, and compliance with the laws of this state.
  368  Enterprise Florida, Inc., may collaborate with the State
  369  University System in reviewing and evaluating appropriate
  370  business ethics standards. Such standards shall be provided to
  371  the Governor, the President of the Senate, and the Speaker of
  372  the House of Representatives by December 31, 2006. An award
  373  agreement entered into on or after December 31, 2006, shall
  374  require a recipient to comply with the business ethics standards
  375  developed pursuant to this section.
  376         (11)(a)Beginning January 5, 2010, and every year
  377  thereafter, the office shall submit to the Governor, the
  378  President of the Senate, and the Speaker of the House of
  379  Representatives a report summarizing the activities and
  380  accomplishments of the recipients of grants from the Innovation
  381  Incentive Program during the previous 12 months and an
  382  evaluation by the office of whether the recipients are catalysts
  383  for additional direct and indirect economic development in
  384  Florida.
  385         (b)Beginning March 1, 2010, and every third year
  386  thereafter, the Office of Program Policy Analysis and Government
  387  Accountability, in consultation with the Auditor General’s
  388  Office, shall release a report evaluating the Innovation
  389  Incentive Program’s progress toward creating clusters of high
  390  wage, high-skilled, complementary industries that serve as
  391  catalysts for economic growth specifically in the regions in
  392  which they are located, and generally for the state as a whole.
  393  Such report should include critical analyses of quarterly and
  394  annual reports, annual audits, and other documents prepared by
  395  the Innovation Incentive program awardees; relevant economic
  396  development reports prepared by the office, Enterprise Florida,
  397  Inc., and local or regional economic development organizations;
  398  interviews with the parties involved; and any other relevant
  399  data. Such report should also include legislative
  400  recommendations, if necessary, on how to improve the Innovation
  401  Incentive Program so that the program reaches its anticipated
  402  potential as a catalyst for direct and indirect economic
  403  development in this state.
  404         (12)The office may seek the assistance of the Office of
  405  Program Policy Analysis and Government Accountability, the
  406  Legislature’s Office of Economic and Demographic Research, and
  407  other entities for the purpose of developing performance
  408  measures or techniques to quantify the synergistic economic
  409  development impacts that awardees of grants are having within
  410  their communities.
  411         Section 2. Paragraph (b) of subsection (10) of section
  412  212.097, Florida Statutes, are amended to read:
  413         212.097 Urban High-Crime Area Job Tax Credit Program.—
  414         (10)
  415         (b) Applications shall be reviewed and certified pursuant
  416  to s. 288.061. Within 30 working days after receipt of an
  417  application for credit, the Office of Tourism, Trade, and
  418  Economic Development shall review the application to determine
  419  whether it contains all the information required by this
  420  subsection and meets the criteria set out in this section.
  421  Subject to the provisions of paragraph (c), the Office of
  422  Tourism, Trade, and Economic Development shall approve all
  423  applications that contain the information required by this
  424  subsection and meet the criteria set out in this section as
  425  eligible to receive a credit.
  426         Section 3. Subsection (5) of section 220.191, Florida
  427  Statutes, is amended to read:
  428         220.191 Capital investment tax credit.—
  429         (5) Applications shall be reviewed and certified pursuant
  430  to s. 288.061. The office, upon a recommendation by Enterprise
  431  Florida, Inc., shall first certify a business as eligible to
  432  receive tax credits pursuant to this section prior to the
  433  commencement of operations of a qualifying project, and such
  434  certification shall be transmitted to the Department of Revenue.
  435  Upon receipt of the certification, the Department of Revenue
  436  shall enter into a written agreement with the qualifying
  437  business specifying, at a minimum, the method by which income
  438  generated by or arising out of the qualifying project will be
  439  determined.
  440         Section 4. Section 288.061, Florida Statutes, is created to
  441  read:
  442         288.061Economic development incentive application
  443  process.—
  444         (1)Within 10 business days after receiving a submitted
  445  economic development incentive application, Enterprise Florida,
  446  Inc., shall review the application and inform the applicant
  447  business whether or not its application is complete. Within 10
  448  business days after the application is deemed complete,
  449  Enterprise Florida, Inc., shall evaluate the application and
  450  recommend approval or disapproval of the application to the
  451  director of the Office of Tourism, Trade, and Economic
  452  Development. In recommending an applicant business for approval,
  453  Enterprise Florida, Inc., shall include in its evaluation a
  454  recommended grant award amount and a review of the applicant’s
  455  ability to meet specific program criteria.
  456         (2)Within 10 calendar days after the Office of Tourism,
  457  Trade, and Economic Development receives the evaluation and
  458  recommendation from Enterprise Florida, Inc., the office shall
  459  notify Enterprise Florida, Inc., whether or not the application
  460  is reviewable. Within 22 calendar days after the office receives
  461  the recommendation from Enterprise Florida, Inc., the director
  462  of the office shall review the application and issue a letter of
  463  certification to the applicant that approves or disapproves an
  464  applicant business and includes a justification of that
  465  decision, unless the business requests an extension of that
  466  time. The final order shall specify the total amount of the
  467  award, the performance conditions that must be met to obtain the
  468  award, and the schedule for payment.
  469         Section 5. Subsection (4) of section 288.063, Florida
  470  Statutes, is amended to read:
  471         288.063 Contracts for transportation projects.—
  472         (4) The Office of Tourism, Trade, and Economic Development
  473  may adopt criteria by which transportation projects are to be
  474  reviewed and certified in accordance with s. 288.061 specified
  475  and identified. In approving transportation projects for
  476  funding, the Office of Tourism, Trade, and Economic Development
  477  shall consider factors including, but not limited to, the cost
  478  per job created or retained considering the amount of
  479  transportation funds requested; the average hourly rate of wages
  480  for jobs created; the reliance on the program as an inducement
  481  for the project’s location decision; the amount of capital
  482  investment to be made by the business; the demonstrated local
  483  commitment; the location of the project in an enterprise zone
  484  designated pursuant to s. 290.0055; the location of the project
  485  in a spaceport territory as defined in s. 331.304; the
  486  unemployment rate of the surrounding area; the poverty rate of
  487  the community; and the adoption of an economic element as part
  488  of its local comprehensive plan in accordance with s.
  489  163.3177(7)(j). The Office of Tourism, Trade, and Economic
  490  Development may contact any agency it deems appropriate for
  491  additional input regarding the approval of projects.
  492         Section 6. Subsection (2) of section 288.065, Florida
  493  Statutes, is amended to read:
  494         288.065 Rural Community Development Revolving Loan Fund.—
  495         (2) The program shall provide for long-term loans, loan
  496  guarantees, and loan loss reserves to units of local
  497  governments, or economic development organizations substantially
  498  underwritten by a unit of local government, within counties with
  499  populations of 75,000 or fewer less, or within any county with
  500  that has a population of 125,000 100,000 or fewer which less and
  501  is contiguous to a county with a population of 75,000 or fewer
  502  less, based on as determined by the most recent official
  503  population estimate as determined under pursuant to s. 186.901,
  504  including those residing in incorporated areas and those
  505  residing in unincorporated areas of the county, or to units of
  506  local government, or economic development organizations
  507  substantially underwritten by a unit of local government, within
  508  a rural area of critical economic concern. Requests for loans
  509  shall be made by application to the Office of Tourism, Trade,
  510  and Economic Development. Loans shall be made pursuant to
  511  agreements specifying the terms and conditions agreed to between
  512  the applicant and the Office of Tourism, Trade, and Economic
  513  Development. The loans shall be the legal obligations of the
  514  applicant. All repayments of principal and interest shall be
  515  returned to the loan fund and made available for loans to other
  516  applicants. However, in a rural area of critical economic
  517  concern designated by the Governor, and upon approval by the
  518  Office of Tourism, Trade, and Economic Development, repayments
  519  of principal and interest may be retained by the applicant if
  520  such repayments are dedicated and matched to fund regionally
  521  based economic development organizations representing the rural
  522  area of critical economic concern.
  523         Section 7. Paragraphs (b) and (e) of subsection (2) and
  524  subsection (3) of section 288.0655, Florida Statutes, are
  525  amended to read:
  526         288.0655 Rural Infrastructure Fund.—
  527         (2)
  528         (b) To facilitate access of rural communities and rural
  529  areas of critical economic concern as defined by the Rural
  530  Economic Development Initiative to infrastructure funding
  531  programs of the Federal Government, such as those offered by the
  532  United States Department of Agriculture and the United States
  533  Department of Commerce, and state programs, including those
  534  offered by Rural Economic Development Initiative agencies, and
  535  to facilitate local government or private infrastructure funding
  536  efforts, the office may award grants for up to 30 percent of the
  537  total infrastructure project cost. If an application for funding
  538  is for a catalyst site, as defined in s. 288.0656, the office
  539  may award grants for up to 40 percent of the total
  540  infrastructure project cost. Eligible projects must be related
  541  to specific job-creation or job-retention opportunities.
  542  Eligible projects may also include improving any inadequate
  543  infrastructure that has resulted in regulatory action that
  544  prohibits economic or community growth or reducing the costs to
  545  community users of proposed infrastructure improvements that
  546  exceed such costs in comparable communities. Eligible uses of
  547  funds shall include improvements to public infrastructure for
  548  industrial or commercial sites and upgrades to or development of
  549  public tourism infrastructure. Authorized infrastructure may
  550  include the following public or public-private partnership
  551  facilities: storm water systems; telecommunications facilities;
  552  broadband facilities; roads or other remedies to transportation
  553  impediments; nature-based tourism facilities; or other physical
  554  requirements necessary to facilitate tourism, trade, and
  555  economic development activities in the community. Authorized
  556  infrastructure may also include publicly or privately owned
  557  self-powered nature-based tourism facilities,publicly owned
  558  telecommunications facilities, and broadband facilities, and
  559  additions to the distribution facilities of the existing natural
  560  gas utility as defined in s. 366.04(3)(c), the existing electric
  561  utility as defined in s. 366.02, or the existing water or
  562  wastewater utility as defined in s. 367.021(12), or any other
  563  existing water or wastewater facility, which owns a gas or
  564  electric distribution system or a water or wastewater system in
  565  this state where:
  566         1. A contribution-in-aid of construction is required to
  567  serve public or public-private partnership facilities under the
  568  tariffs of any natural gas, electric, water, or wastewater
  569  utility as defined herein; and
  570         2. Such utilities as defined herein are willing and able to
  571  provide such service.
  572         (e) To enable local governments to access the resources
  573  available pursuant to s. 403.973(18), the office may award
  574  grants for surveys, feasibility studies, and other activities
  575  related to the identification and preclearance review of land
  576  which is suitable for preclearance review. Authorized grants
  577  under this paragraph shall not exceed $75,000 each, except in
  578  the case of a project in a rural area of critical economic
  579  concern, in which case the grant shall not exceed $300,000. Any
  580  funds awarded under this paragraph must be matched at a level of
  581  50 percent with local funds, except that any funds awarded for a
  582  project in a rural area of critical economic concern must be
  583  matched at a level of 33 percent with local funds. If an
  584  application for funding is for a catalyst site, as defined in s.
  585  288.0656, the requirement for local match may be waived pursuant
  586  to the process in s. 288.06561. In evaluating applications under
  587  this paragraph, the office shall consider the extent to which
  588  the application seeks to minimize administrative and consultant
  589  expenses.
  590         (3) The office, in consultation with Enterprise Florida,
  591  Inc., VISIT Florida, the Department of Environmental Protection,
  592  and the Florida Fish and Wildlife Conservation Commission, as
  593  appropriate, shall review and certify applications pursuant to
  594  s. 288.061. The review shall include an evaluation of and
  595  evaluate the economic benefit of the projects and their long
  596  term viability. The office shall have final approval for any
  597  grant under this section and must make a grant decision within
  598  30 days of receiving a completed application.
  599         Section 8. Section 288.0656, Florida Statutes, is amended
  600  to read:
  601         288.0656 Rural Economic Development Initiative.—
  602         (1)(a)Recognizing that rural communities and regions
  603  continue to face extraordinary challenges in their efforts to
  604  significantly improve their economies, specifically in terms of
  605  personal income, job creation, average wages, and strong tax
  606  bases, it is the intent of the Legislature to encourage and
  607  facilitate the location and expansion of major economic
  608  development projects of significant scale in such rural
  609  communities.
  610         (b) The Rural Economic Development Initiative, known as
  611  “REDI,” is created within the Office of Tourism, Trade, and
  612  Economic Development, and the participation of state and
  613  regional agencies in this initiative is authorized.
  614         (2) As used in this section, the term:
  615         (a)“Catalyst project” means a business locating or
  616  expanding in a rural area of critical economic concern to serve
  617  as an economic generator of regional significance for the growth
  618  of a regional target industry cluster. The project must provide
  619  capital investment on a scale significant enough to affect the
  620  entire region and result in the development of high-wage and
  621  high-skill jobs.
  622         (b)“Catalyst site” means a parcel or parcels of land
  623  within a rural area of critical economic concern that has been
  624  prioritized as a geographic site for economic development
  625  through partnerships with state, regional, and local
  626  organizations. The site must be reviewed by REDI and approved by
  627  the Office of Tourism, Trade, and Economic Development for the
  628  purposes of locating a catalyst project.
  629         (c)(a) “Economic distress” means conditions affecting the
  630  fiscal and economic viability of a rural community, including
  631  such factors as low per capita income, low per capita taxable
  632  values, high unemployment, high underemployment, low weekly
  633  earned wages compared to the state average, low housing values
  634  compared to the state average, high percentages of the
  635  population receiving public assistance, high poverty levels
  636  compared to the state average, and a lack of year-round stable
  637  employment opportunities.
  638         (d)“Rural area of critical economic concern” means a rural
  639  community, or a region composed of rural communities, designated
  640  by the Governor, that has been adversely affected by an
  641  extraordinary economic event, severe or chronic distress, or a
  642  natural disaster or that presents a unique economic development
  643  opportunity of regional impact.
  644         (e)(b) “Rural community” means:
  645         1. A county with a population of 75,000 or less.
  646         2. A county with a population of 125,000 100,000 or less
  647  that is contiguous to a county with a population of 75,000 or
  648  less.
  649         3. A municipality within a county described in subparagraph
  650  1. or subparagraph 2.
  651         4. An unincorporated federal enterprise community or an
  652  incorporated rural city with a population of 25,000 or less and
  653  an employment base focused on traditional agricultural or
  654  resource-based industries, located in a county not defined as
  655  rural, which has at least three or more of the economic distress
  656  factors identified in paragraph (c) (a) and verified by the
  657  Office of Tourism, Trade, and Economic Development.
  658  
  659         For purposes of this paragraph, population shall be
  660  determined in accordance with the most recent official estimate
  661  pursuant to s. 186.901.
  662         (3) REDI shall be responsible for coordinating and focusing
  663  the efforts and resources of state and regional agencies on the
  664  problems which affect the fiscal, economic, and community
  665  viability of Florida’s economically distressed rural
  666  communities, working with local governments, community-based
  667  organizations, and private organizations that have an interest
  668  in the growth and development of these communities to find ways
  669  to balance environmental and growth management issues with local
  670  needs.
  671         (4) REDI shall review and evaluate the impact of statutes
  672  and rules on rural communities and shall work to minimize any
  673  adverse impact and undertake outreach and capacity building
  674  efforts.
  675         (5) REDI shall facilitate better access to state resources
  676  by promoting direct access and referrals to appropriate state
  677  and regional agencies and statewide organizations. REDI may
  678  undertake outreach, capacity-building, and other advocacy
  679  efforts to improve conditions in rural communities. These
  680  activities may include sponsorship of conferences and
  681  achievement awards.
  682         (6)(a) By August 1 of each year, the head of each of the
  683  following agencies and organizations shall designate a deputy
  684  secretary or higher-level high-level staff person from within
  685  the agency or organization to serve as the REDI representative
  686  for the agency or organization:
  687         1. The Department of Community Affairs.
  688         2. The Department of Transportation.
  689         3. The Department of Environmental Protection.
  690         4. The Department of Agriculture and Consumer Services.
  691         5. The Department of State.
  692         6. The Department of Health.
  693         7. The Department of Children and Family Services.
  694         8. The Department of Corrections.
  695         9. The Agency for Workforce Innovation.
  696         10. The Department of Education.
  697         11. The Department of Juvenile Justice.
  698         12. The Fish and Wildlife Conservation Commission.
  699         13. Each water management district.
  700         14. Enterprise Florida, Inc.
  701         15. Workforce Florida, Inc.
  702         16. The Florida Commission on Tourism or VISIT Florida.
  703         17. The Florida Regional Planning Council Association.
  704         18. The Agency for Health Care Administration Florida State
  705  Rural Development Council.
  706         19. The Institute of Food and Agricultural Sciences (IFAS).
  707  
  708         An alternate for each designee shall also be chosen, and
  709  the names of the designees and alternates shall be sent to the
  710  director of the Office of Tourism, Trade, and Economic
  711  Development.
  712         (b) Each REDI representative must have comprehensive
  713  knowledge of his or her agency’s functions, both regulatory and
  714  service in nature, and of the state’s economic goals, policies,
  715  and programs. This person shall be the primary point of contact
  716  for his or her agency with REDI on issues and projects relating
  717  to economically distressed rural communities and with regard to
  718  expediting project review, shall ensure a prompt effective
  719  response to problems arising with regard to rural issues, and
  720  shall work closely with the other REDI representatives in the
  721  identification of opportunities for preferential awards of
  722  program funds and allowances and waiver of program requirements
  723  when necessary to encourage and facilitate long-term private
  724  capital investment and job creation.
  725         (c) The REDI representatives shall work with REDI in the
  726  review and evaluation of statutes and rules for adverse impact
  727  on rural communities and the development of alternative
  728  proposals to mitigate that impact.
  729         (d) Each REDI representative shall be responsible for
  730  ensuring that each district office or facility of his or her
  731  agency is informed about the Rural Economic Development
  732  Initiative and for providing assistance throughout the agency in
  733  the implementation of REDI activities.
  734         (7)(a) REDI may recommend to the Governor up to three rural
  735  areas of critical economic concern. A rural area of critical
  736  economic concern must be a rural community, or a region composed
  737  of such, that has been adversely affected by an extraordinary
  738  economic event or a natural disaster or that presents a unique
  739  economic development opportunity of regional impact that will
  740  create more than 1,000 jobs over a 5-year period. The Governor
  741  may by executive order designate up to three rural areas of
  742  critical economic concern which will establish these areas as
  743  priority assignments for REDI as well as to allow the Governor,
  744  acting through REDI, to waive criteria, requirements, or similar
  745  provisions of any economic development incentive. Such
  746  incentives shall include, but not be limited to: the Qualified
  747  Target Industry Tax Refund Program under s. 288.106, the Quick
  748  Response Training Program under s. 288.047, the Quick Response
  749  Training Program for participants in the welfare transition
  750  program under s. 288.047(8), transportation projects under s.
  751  288.063, the brownfield redevelopment bonus refund under s.
  752  288.107, and the rural job tax credit program under ss. 212.098
  753  and 220.1895.
  754         (b) Designation as a rural area of critical economic
  755  concern under this subsection shall be contingent upon the
  756  execution of a memorandum of agreement among the Office of
  757  Tourism, Trade, and Economic Development; the governing body of
  758  the county; and the governing bodies of any municipalities to be
  759  included within a rural area of critical economic concern. Such
  760  agreement shall specify the terms and conditions of the
  761  designation, including, but not limited to, the duties and
  762  responsibilities of the county and any participating
  763  municipalities to take actions designed to facilitate the
  764  retention and expansion of existing businesses in the area, as
  765  well as the recruitment of new businesses to the area.
  766         (c)Each rural area of critical economic concern may
  767  designate catalyst projects, provided that each catalyst project
  768  is specifically recommended by REDI, identified as a catalyst
  769  project by Enterprise Florida, Inc., and confirmed as a catalyst
  770  project by the Office of Tourism, Trade, and Economic
  771  Development. All state agencies and departments shall use all
  772  available tools and resources to the extent permissible by law
  773  to promote the creation and development of each catalyst project
  774  and the development of catalyst sites.
  775         (8)REDI shall assist local governments within rural areas
  776  of critical economic concern with comprehensive planning needs
  777  that further the provisions of this section. Such assistance
  778  shall reflect a multidisciplinary approach among all agencies
  779  and include economic development and planning objectives.
  780         (a)A local government may request assistance in the
  781  preparation of comprehensive plan amendments, pursuant to part
  782  II of chapter 163, which will stimulate economic activity.
  783         1.The local government must contact the Office of Tourism,
  784  Trade, and Economic Development to request assistance.
  785         2.REDI representatives shall meet with the local
  786  government within 15 days after such request to develop the
  787  scope of assistance that will be provided for the development,
  788  transmittal, and adoption of the proposed comprehensive plan
  789  amendment.
  790         3.As part of the assistance provided, REDI representatives
  791  shall also identify other needed local and developer actions for
  792  approval of the project and recommend a timeline for the local
  793  government and developer that will minimize project delays.
  794         (b)In addition, each year REDI shall solicit requests for
  795  assistance from local governments within a rural area of
  796  critical economic concern to update the future land use element
  797  and other associated elements of the local government’s
  798  comprehensive plan to better position the community to respond
  799  to economic development potential within the county or
  800  municipality. REDI shall provide direct assistance to such local
  801  governments to update their comprehensive plans pursuant to this
  802  paragraph. At least one comprehensive planning technical
  803  assistance effort shall be selected each year.
  804         (c)REDI shall develop and annually update a technical
  805  assistance manual based upon experiences learned in providing
  806  direct assistance under this subsection.
  807         (9)(8) REDI shall submit a report to the Governor, the
  808  President of the Senate, and the Speaker of the House of
  809  Representatives each year on or before September February 1 on
  810  all REDI activities for the prior fiscal year. This report shall
  811  include a status report on all projects currently being
  812  coordinated through REDI, the number of preferential awards and
  813  allowances made pursuant to this section, the dollar amount of
  814  such awards, and the names of the recipients. The report shall
  815  also include a description of all waivers of program
  816  requirements granted. The report shall also include information
  817  as to the economic impact of the projects coordinated by REDI,
  818  and recommendations based on the review and evaluation of
  819  statutes and rules having an adverse impact on rural
  820  communities, and proposals to mitigate such adverse impacts.
  821         Section 9. Section 288.06561, Florida Statutes, is amended
  822  to read:
  823         288.06561 Reduction or waiver of financial match
  824  requirements.—Notwithstanding any other law, the member agencies
  825  and organizations of the Rural Economic Development Initiative
  826  (REDI), as defined in s. 288.0656(6)(a), shall review the
  827  financial match requirements for projects in rural areas as
  828  defined in s. 288.0656(2)(b).
  829         (1) Each agency and organization shall develop a proposal
  830  to waive or reduce the match requirement for rural areas.
  831         (2) Agencies and organizations shall ensure that all
  832  proposals are submitted to the Office of Tourism, Trade, and
  833  Economic Development for review by the REDI agencies.
  834         (3) These proposals shall be delivered to the Office of
  835  Tourism, Trade, and Economic Development for distribution to the
  836  REDI agencies and organizations. A meeting of REDI agencies and
  837  organizations must be called within 30 days after receipt of
  838  such proposals for REDI comment and recommendations on each
  839  proposal.
  840         (4) Waivers and reductions must be requested by the county
  841  or community, and such county or community must have three or
  842  more of the factors identified in s. 288.0656(2)(c)(a).
  843         (5) Any other funds available to the project may be used
  844  for financial match of federal programs when there is fiscal
  845  hardship, and the match requirements may not be waived or
  846  reduced.
  847         (6) When match requirements are not reduced or eliminated,
  848  donations of land, though usually not recognized as an in-kind
  849  match, may be permitted.
  850         (7) To the fullest extent possible, agencies and
  851  organizations shall expedite the rule adoption and amendment
  852  process if necessary to incorporate the reduction in match by
  853  rural areas in fiscal distress.
  854         (8) REDI shall include in its annual report an evaluation
  855  on the status of changes to rules, number of awards made with
  856  waivers, and recommendations for future changes.
  857         Section 10. Subsection (1) of section 288.0657, Florida
  858  Statutes, is amended to read:
  859         288.0657 Florida rural economic development strategy
  860  grants.—
  861         (1) As used in this section, the term “rural community”
  862  means:
  863         (a) A county with a population of 75,000 or fewer less.
  864         (b) A county with a population of 125,000 100,000 or fewer
  865  which less that is contiguous to a county with a population of
  866  75,000 or fewer less.
  867         (c) A municipality within a county described in paragraph
  868  (a) or paragraph (b).
  869  
  870         For purposes of this subsection, population shall be
  871  determined in accordance with the most recent official estimate
  872  pursuant to s. 186.901.
  873         Section 11. Paragraph (c) of subsection (2), paragraphs
  874  (a), (e), (f), (g), (h), (i), (j), and (k) of subsection (3),
  875  and paragraph (c) of subsection (5) of section 288.1045, Florida
  876  Statutes, are amended to read:
  877         288.1045 Qualified defense contractor and space flight
  878  business tax refund program.—
  879         (2) GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.—
  880         (c) A qualified applicant may not receive more than $5 $7.5
  881  million in tax refunds pursuant to this section in all fiscal
  882  years.
  883         (3) APPLICATION PROCESS; REQUIREMENTS; AGENCY
  884  DETERMINATION.—
  885         (a) To apply for certification as a qualified applicant
  886  pursuant to this section, an applicant must file an application
  887  with the office which satisfies the requirements of paragraphs
  888  (b) and (e), paragraphs (c) and (e), paragraphs (d) and (e), or
  889  paragraphs (e) and (j) (k). An applicant may not apply for
  890  certification pursuant to this section after a proposal has been
  891  submitted for a new Department of Defense contract, after the
  892  applicant has made the decision to consolidate an existing
  893  Department of Defense contract in this state for which such
  894  applicant is seeking certification, after a proposal has been
  895  submitted for a new space flight business contract in this
  896  state, after the applicant has made the decision to consolidate
  897  an existing space flight business contract in this state for
  898  which such applicant is seeking certification, or after the
  899  applicant has made the decision to convert defense production
  900  jobs to nondefense production jobs for which such applicant is
  901  seeking certification.
  902         (e) To qualify for review by the office, the application of
  903  an applicant must, at a minimum, establish the following to the
  904  satisfaction of the office:
  905         1. The jobs proposed to be provided under the application,
  906  pursuant to subparagraph (b)6., subparagraph (c)6., or
  907  subparagraph (j)(k)6., must pay an estimated annual average wage
  908  equaling at least 115 percent of the average wage in the area
  909  where the project is to be located.
  910         2. The consolidation of a Department of Defense contract
  911  must result in a net increase of at least 25 percent in the
  912  number of jobs at the applicant’s facilities in this state or
  913  the addition of at least 80 jobs at the applicant’s facilities
  914  in this state.
  915         3. The conversion of defense production jobs to nondefense
  916  production jobs must result in net increases in nondefense
  917  employment at the applicant’s facilities in this state.
  918         4. The Department of Defense contract or the space flight
  919  business contract cannot allow the business to include the costs
  920  of relocation or retooling in its base as allowable costs under
  921  a cost-plus, or similar, contract.
  922         5. A business unit of the applicant must have derived not
  923  less than 60 percent of its gross receipts in this state from
  924  Department of Defense contracts or space flight business
  925  contracts over the applicant’s last fiscal year, and must have
  926  derived not less than an average of 60 percent of its gross
  927  receipts in this state from Department of Defense contracts or
  928  space flight business contracts over the 5 years preceding the
  929  date an application is submitted pursuant to this section. This
  930  subparagraph does not apply to any application for certification
  931  based on a contract for reuse of a defense-related facility.
  932         6. The reuse of a defense-related facility must result in
  933  the creation of at least 100 jobs at such facility.
  934         7. A new space flight business contract or the
  935  consolidation of a space flight business contract must result in
  936  net increases in space flight business employment at the
  937  applicant’s facilities in this state.
  938         (f) Each application meeting the requirements of paragraphs
  939  (b) and (e), paragraphs (c) and (e), paragraphs (d) and (e), or
  940  paragraphs (e) and (j) (k) must be submitted to the office for a
  941  determination of eligibility. The office shall review and
  942  evaluate each application based on, but not limited to, the
  943  following criteria:
  944         1. Expected contributions to the state strategic economic
  945  development plan adopted by Enterprise Florida, Inc., taking
  946  into account the extent to which the project contributes to the
  947  state’s high-technology base, and the long-term impact of the
  948  project and the applicant on the state’s economy.
  949         2. The economic benefit of the jobs created or retained by
  950  the project in this state, taking into account the cost and
  951  average wage of each job created or retained, and the potential
  952  risk to existing jobs.
  953         3. The amount of capital investment to be made by the
  954  applicant in this state.
  955         4. The local commitment and support for the project and
  956  applicant.
  957         5. The impact of the project on the local community, taking
  958  into account the unemployment rate for the county where the
  959  project will be located.
  960         6. The dependence of the local community on the defense
  961  industry or space flight business.
  962         7. The impact of any tax refunds granted pursuant to this
  963  section on the viability of the project and the probability that
  964  the project will occur in this state if such tax refunds are
  965  granted to the applicant, taking into account the expected long
  966  term commitment of the applicant to economic growth and
  967  employment in this state.
  968         8. The length of the project, or the expected long-term
  969  commitment to this state resulting from the project.
  970         (g) Applications shall be reviewed and certified pursuant
  971  to s. 288.061. The office shall forward its written findings and
  972  evaluation on each application meeting the requirements of
  973  paragraphs (b) and (e), paragraphs (c) and (e), paragraphs (d)
  974  and (e), or paragraphs (e) and (k) to the director within 60
  975  calendar days after receipt of a complete application. The
  976  office shall notify each applicant when its application is
  977  complete, and when the 60-day period begins. In its written
  978  report to the director, the office shall specifically address
  979  each of the factors specified in paragraph (f), and shall make a
  980  specific assessment with respect to the minimum requirements
  981  established in paragraph (e). The office shall include in its
  982  report projections of the tax refunds the applicant would be
  983  eligible to receive in each fiscal year based on the creation
  984  and maintenance of the net new Florida jobs specified in
  985  subparagraph (b)6., subparagraph (c)6., subparagraph (d)7., or
  986  subparagraph (k)6. as of December 31 of the preceding state
  987  fiscal year.
  988         (h) Within 30 days after receipt of the office’s findings
  989  and evaluation, the director shall issue a letter of
  990  certification which either approves or disapproves an
  991  application. The decision must be in writing and provide the
  992  justifications for either approval or disapproval. If
  993  appropriate, the director shall enter into a written agreement
  994  with the qualified applicant pursuant to subsection (4).
  995         (h)(i) The director may not certify any applicant as a
  996  qualified applicant when the value of tax refunds to be included
  997  in that letter of certification exceeds the available amount of
  998  authority to certify new businesses as determined in s.
  999  288.095(3). A letter of certification that approves an
 1000  application must specify the maximum amount of a tax refund that
 1001  is to be available to the contractor for each fiscal year and
 1002  the total amount of tax refunds for all fiscal years.
 1003         (i)(j) This section does not create a presumption that an
 1004  applicant should receive any tax refunds under this section.
 1005         (j)(k) Applications for certification based upon a new
 1006  space flight business contract or the consolidation of a space
 1007  flight business contract must be submitted to the office as
 1008  prescribed by the office and must include, but are not limited
 1009  to, the following information:
 1010         1. The applicant’s federal employer identification number,
 1011  the applicant’s Florida sales tax registration number, and a
 1012  signature of an officer of the applicant.
 1013         2. The permanent location of the space flight business
 1014  facility in this state where the project is or will be located.
 1015         3. The new space flight business contract number, the space
 1016  flight business contract numbers of the contract to be
 1017  consolidated, or the request-for-proposal number of a proposed
 1018  space flight business contract.
 1019         4. The date the contract was executed and the date the
 1020  contract is due to expire, is expected to expire, or was
 1021  canceled.
 1022         5. The commencement date for project operations under the
 1023  contract in this state.
 1024         6. The number of net new full-time equivalent Florida jobs
 1025  included in the project as of December 31 of each year and the
 1026  average wage of such jobs.
 1027         7. The total number of full-time equivalent employees
 1028  employed by the applicant in this state.
 1029         8. The percentage of the applicant’s gross receipts derived
 1030  from space flight business contracts during the 5 taxable years
 1031  immediately preceding the date the application is submitted.
 1032         9. The number of full-time equivalent jobs in this state to
 1033  be retained by the project.
 1034         10. A brief statement concerning the applicant’s need for
 1035  tax refunds and the proposed uses of such refunds by the
 1036  applicant.
 1037         11. A resolution adopted by the governing board of the
 1038  county or municipality in which the project will be located
 1039  which recommends the applicant be approved as a qualified
 1040  applicant and indicates that the necessary commitments of local
 1041  financial support for the applicant exist. Prior to the adoption
 1042  of the resolution, the county commission may review the proposed
 1043  public or private sources of such support and determine whether
 1044  the proposed sources of local financial support can be provided
 1045  or, for any applicant whose project is located in a county
 1046  designated by the Rural Economic Development Initiative, a
 1047  resolution adopted by the county commissioners of such county
 1048  requesting that the applicant’s project be exempt from the local
 1049  financial support requirement.
 1050         12. Any additional information requested by the office.
 1051         (5) ANNUAL CLAIM FOR REFUND.—
 1052         (c) A tax refund may not be approved for any qualified
 1053  applicant unless local financial support has been paid to the
 1054  Economic Development Trust Fund for that refund. If the local
 1055  financial support is less than 20 percent of the approved tax
 1056  refund, the tax refund shall be reduced. The tax refund paid may
 1057  not exceed 5 times the local financial support received. Funding
 1058  from local sources includes tax abatement under s. 196.1995 or
 1059  the appraised market value of municipal or county land,
 1060  including any improvements or structures, conveyed or provided
 1061  at a discount through a sale or lease to that applicant. The
 1062  amount of any tax refund for an applicant approved under this
 1063  section shall be reduced by the amount of any such tax abatement
 1064  granted or the value of the land granted, including the value of
 1065  any improvements or structures; and the limitations in
 1066  subsection (2) and paragraph (3)(h) shall be reduced by the
 1067  amount of any such tax abatement or the value of the land
 1068  granted, including any improvements or structures. A report
 1069  listing all sources of the local financial support shall be
 1070  provided to the office when such support is paid to the Economic
 1071  Development Trust Fund.
 1072         Section 12. Paragraphs (k) and (t) of subsection (1),
 1073  subsection (3), paragraph (b) of subsection (4), paragraph (c)
 1074  of subsection (5), and subsection (8) of section 288.106,
 1075  Florida Statutes, are amended to read:
 1076         288.106 Tax refund program for qualified target industry
 1077  businesses.—
 1078         (1) DEFINITIONS.—As used in this section:
 1079         (k) “Local financial support exemption option” means the
 1080  option to exercise an exemption from the local financial support
 1081  requirement available to any applicant whose project is located
 1082  in a brownfield area or a county with a population of 75,000 or
 1083  fewer or a county with a population of 125,000 100,000 or fewer
 1084  which is contiguous to a county with a population of 75,000 or
 1085  fewer. Any applicant that exercises this option shall not be
 1086  eligible for more than 80 percent of the total tax refunds
 1087  allowed such applicant under this section.
 1088         (t) “Rural community” means:
 1089         1. A county with a population of 75,000 or fewer less.
 1090         2. A county with a population of 125,000 100,000 or fewer
 1091  which less that is contiguous to a county with a population of
 1092  75,000 or fewer less.
 1093         3. A municipality within a county described in subparagraph
 1094  1. or subparagraph 2.
 1095  
 1096         For purposes of this paragraph, population shall be
 1097  determined in accordance with the most recent official estimate
 1098  pursuant to s. 186.901.
 1099         (3) APPLICATION AND APPROVAL PROCESS.—
 1100         (a) To apply for certification as a qualified target
 1101  industry business under this section, the business must file an
 1102  application with the office before the business has made the
 1103  decision to locate a new business in this state or before the
 1104  business had made the decision to expand an existing business in
 1105  this state. The application shall include, but is not limited
 1106  to, the following information:
 1107         1. The applicant’s federal employer identification number
 1108  and the applicant’s state sales tax registration number.
 1109         2. The permanent location of the applicant’s facility in
 1110  this state at which the project is or is to be located.
 1111         3. A description of the type of business activity or
 1112  product covered by the project, including four-digit SIC codes
 1113  for all activities included in the project.
 1114         4. The number of net new full-time equivalent Florida jobs
 1115  at the qualified target industry business as of December 31 of
 1116  each year included in the project and the average wage of those
 1117  jobs. If more than one type of business activity or product is
 1118  included in the project, the number of jobs and average wage for
 1119  those jobs must be separately stated for each type of business
 1120  activity or product.
 1121         5. The total number of full-time equivalent employees
 1122  employed by the applicant in this state.
 1123         6. The anticipated commencement date of the project.
 1124         7. A brief statement concerning the role that the tax
 1125  refunds requested will play in the decision of the applicant to
 1126  locate or expand in this state.
 1127         8. An estimate of the proportion of the sales resulting
 1128  from the project that will be made outside this state.
 1129         9. A resolution adopted by the governing board of the
 1130  county or municipality in which the project will be located,
 1131  which resolution recommends that certain types of businesses be
 1132  approved as a qualified target industry business and states that
 1133  the commitments of local financial support necessary for the
 1134  target industry business exist. In advance of the passage of
 1135  such resolution, the office may also accept an official letter
 1136  from an authorized local economic development agency that
 1137  endorses the proposed target industry project and pledges that
 1138  sources of local financial support for such project exist. For
 1139  the purposes of making pledges of local financial support under
 1140  this subsection, the authorized local economic development
 1141  agency shall be officially designated by the passage of a one
 1142  time resolution by the local governing authority.
 1143         10. Any additional information requested by the office.
 1144         (b) To qualify for review by the office, the application of
 1145  a target industry business must, at a minimum, establish the
 1146  following to the satisfaction of the office:
 1147         1. The jobs proposed to be provided under the application,
 1148  pursuant to subparagraph (a)4., must pay an estimated annual
 1149  average wage equaling at least 115 percent of the average
 1150  private sector wage in the area where the business is to be
 1151  located or the statewide private sector average wage. In
 1152  determining the average annual wage, the office shall include
 1153  only new proposed jobs, and wages for existing jobs shall be
 1154  excluded from this calculation. The office may waive the this
 1155  average wage requirement at the request of the local governing
 1156  body recommending the project and Enterprise Florida, Inc. The
 1157  wage requirement may only be waived for a project located in a
 1158  brownfield area designated under s. 376.80 or in a rural city or
 1159  county or in an enterprise zone and only when the merits of the
 1160  individual project or the specific circumstances in the
 1161  community in relationship to the project warrant such action. If
 1162  the local governing body and Enterprise Florida, Inc., make such
 1163  a recommendation, it must be transmitted in writing and the
 1164  specific justification for the waiver recommendation must be
 1165  explained. If the director elects to waive the wage requirement,
 1166  the waiver must be stated in writing and the reasons for
 1167  granting the waiver must be explained.
 1168         2. The target industry business’s project must result in
 1169  the creation of at least 10 jobs at such project and, if an
 1170  expansion of an existing business, must result in a net increase
 1171  in employment of at least not less than 10 percent at the such
 1172  business. Notwithstanding the definition of the term “expansion
 1173  of an existing business” in paragraph (1)(g), at the request of
 1174  the local governing body recommending the project and Enterprise
 1175  Florida, Inc., the office may define an “expansion of an
 1176  existing business” in a rural community or an enterprise zone as
 1177  the expansion of a business resulting in a net increase in
 1178  employment of less than 10 percent at such business if the
 1179  merits of the individual project or the specific circumstances
 1180  in the community in relationship to the project warrant such
 1181  action. If the local governing body and Enterprise Florida,
 1182  Inc., make such a request, the request it must be transmitted in
 1183  writing and the specific justification for the request must be
 1184  explained. If the director elects to grant the such request, the
 1185  grant such election must be stated in writing and the reason for
 1186  granting the request must be explained.
 1187         3. The business activity or product for the applicant’s
 1188  project is within an industry or industries that have been
 1189  identified by the office to be high-value-added industries that
 1190  contribute to the area and to the economic growth of the state
 1191  and that produce a higher standard of living for residents
 1192  citizens of this state in the new global economy or that can be
 1193  shown to make an equivalent contribution to the area and state’s
 1194  economic progress. The director must approve requests to waive
 1195  the wage requirement for brownfield areas designated under s.
 1196  376.80 unless it is demonstrated that such action is not in the
 1197  public interest.
 1198         (c) Each application meeting the requirements of paragraph
 1199  (b) must be submitted to the office for determination of
 1200  eligibility. The office shall review and evaluate each
 1201  application based on, but not limited to, the following
 1202  criteria:
 1203         1. Expected contributions to the state strategic economic
 1204  development plan adopted by Enterprise Florida, Inc., taking
 1205  into account the long-term effects of the project and of the
 1206  applicant on the state economy.
 1207         2. The economic benefit of the jobs created by the project
 1208  in this state, taking into account the cost and average wage of
 1209  each job created.
 1210         3. The amount of capital investment to be made by the
 1211  applicant in this state.
 1212         4. The local commitment and support for the project.
 1213         5. The effect of the project on the local community, taking
 1214  into account the unemployment rate for the county where the
 1215  project will be located.
 1216         6. The effect of any tax refunds granted pursuant to this
 1217  section on the viability of the project and the probability that
 1218  the project will be undertaken in this state if such tax refunds
 1219  are granted to the applicant, taking into account the expected
 1220  long-term commitment of the applicant to economic growth and
 1221  employment in this state.
 1222         7. The expected long-term commitment to this state
 1223  resulting from the project.
 1224         8. A review of the business’s past activities in this state
 1225  or other states, including whether such business has been
 1226  subjected to criminal or civil fines and penalties. Nothing in
 1227  This subparagraph does not shall require the disclosure of
 1228  confidential information.
 1229         (d) Applications shall be reviewed and certified pursuant
 1230  to s. 288.061. The office shall forward its written findings and
 1231  evaluation concerning each application meeting the requirements
 1232  of paragraph (b) to the director within 45 calendar days after
 1233  receipt of a complete application. The office shall notify each
 1234  target industry business when its application is complete, and
 1235  of the time when the 45-day period begins. In its written report
 1236  to the director, the office shall specifically address each of
 1237  the factors specified in paragraph (c) and shall make a specific
 1238  assessment with respect to the minimum requirements established
 1239  in paragraph (b). The office shall include in its review report
 1240  projections of the tax refunds the business would be eligible to
 1241  receive in each fiscal year based on the creation and
 1242  maintenance of the net new Florida jobs specified in
 1243  subparagraph (a)4. as of December 31 of the preceding state
 1244  fiscal year.
 1245         (e)1. Within 30 days after receipt of the office’s findings
 1246  and evaluation, the director shall issue a letter of
 1247  certification that either approves or disapproves the
 1248  application of the target industry business. The decision must
 1249  be in writing and must provide the justifications for approval
 1250  or disapproval.
 1251         2. If appropriate, the director shall enter into a written
 1252  agreement with the qualified target industry business pursuant
 1253  to subsection (4).
 1254         (e)(f) The director may not certify any target industry
 1255  business as a qualified target industry business if the value of
 1256  tax refunds to be included in that letter of certification
 1257  exceeds the available amount of authority to certify new
 1258  businesses as determined in s. 288.095(3). However, if the
 1259  commitments of local financial support represent less than 20
 1260  percent of the eligible tax refund payments, or to otherwise
 1261  preserve the viability and fiscal integrity of the program, the
 1262  director may certify a qualified target industry business to
 1263  receive tax refund payments of less than the allowable amounts
 1264  specified in paragraph (2)(b). A letter of certification that
 1265  approves an application must specify the maximum amount of tax
 1266  refund that will be available to the qualified industry business
 1267  in each fiscal year and the total amount of tax refunds that
 1268  will be available to the business for all fiscal years.
 1269         (f)(g)Nothing in This section does not shall create a
 1270  presumption that an applicant shall will receive any tax refunds
 1271  under this section. However, the office may issue nonbinding
 1272  opinion letters, upon the request of prospective applicants, as
 1273  to the applicants’ eligibility and the potential amount of
 1274  refunds.
 1275         (4) TAX REFUND AGREEMENT.—
 1276         (b) Compliance with the terms and conditions of the
 1277  agreement is a condition precedent for the receipt of a tax
 1278  refund each year. The failure to comply with the terms and
 1279  conditions of the tax refund agreement results in the loss of
 1280  eligibility for receipt of all tax refunds previously authorized
 1281  under this section and the revocation by the director of the
 1282  certification of the business entity as a qualified target
 1283  industry business, unless the business is eligible to receive
 1284  and elects to accept a prorated refund under paragraph (5)(d) or
 1285  the office grants the business an economic-stimulus exemption.
 1286         1. A qualified target industry business may submit, in
 1287  writing, a request to the office for an economic-stimulus
 1288  exemption. The request must provide quantitative evidence
 1289  demonstrating how negative economic conditions in the business’s
 1290  industry, the effects of the impact of a named hurricane or
 1291  tropical storm, or specific acts of terrorism affecting the
 1292  qualified target industry business have prevented the business
 1293  from complying with the terms and conditions of its tax refund
 1294  agreement.
 1295         2. Upon receipt of a request under subparagraph 1., the
 1296  director shall have 45 days to notify the requesting business,
 1297  in writing, if its exemption has been granted or denied. In
 1298  determining if an exemption should be granted, the director
 1299  shall consider the extent to which negative economic conditions
 1300  in the requesting business’s industry have occurred in the state
 1301  or, the effects of the impact of a named hurricane or tropical
 1302  storm, or specific acts of terrorism affecting the qualified
 1303  target industry business have prevented the business from
 1304  complying with the terms and conditions of its tax refund
 1305  agreement. The office shall consider current employment
 1306  statistics for this state by industry, including whether the
 1307  business’s industry had substantial job loss during the prior
 1308  year, when determining whether an exemption shall be granted.
 1309         3. As a condition for receiving a prorated refund under
 1310  paragraph (5)(d) or an economic-stimulus exemption under this
 1311  paragraph, a qualified target industry business must agree to
 1312  renegotiate its tax refund agreement with the office to, at a
 1313  minimum, ensure that the terms of the agreement comply with
 1314  current law and office procedures governing application for and
 1315  award of tax refunds. Upon approving the award of a prorated
 1316  refund or granting an economic-stimulus exemption, the office
 1317  shall renegotiate the tax refund agreement with the business as
 1318  required by this subparagraph. When amending the agreement of a
 1319  business receiving an economic-stimulus exemption, the office
 1320  may extend the duration of the agreement for a period not to
 1321  exceed 2 years.
 1322         4. A qualified target industry business may submit a
 1323  request for an economic-stimulus exemption to the office in lieu
 1324  of any tax refund claim scheduled to be submitted after January
 1325  1, 2009 2005, but before July 1, 2011 2006.
 1326         5. A qualified target industry business that receives an
 1327  economic-stimulus exemption may not receive a tax refund for the
 1328  period covered by the exemption.
 1329         (5) ANNUAL CLAIM FOR REFUND.—
 1330         (c) A tax refund may not be approved for a qualified target
 1331  industry business unless the required local financial support
 1332  has been paid into the account for that refund. If the local
 1333  financial support provided is less than 20 percent of the
 1334  approved tax refund, the tax refund must be reduced. In no event
 1335  may the tax refund exceed an amount that is equal to 5 times the
 1336  amount of the local financial support received. Further, funding
 1337  from local sources includes any tax abatement granted to that
 1338  business under s. 196.1995 or the appraised market value of
 1339  municipal or county land conveyed or provided at a discount to
 1340  that business. The amount of any tax refund for such business
 1341  approved under this section must be reduced by the amount of any
 1342  such tax abatement granted or the value of the land granted; and
 1343  the limitations in subsection (2) and paragraph (3)(e)(f) must
 1344  be reduced by the amount of any such tax abatement or the value
 1345  of the land granted. A report listing all sources of the local
 1346  financial support shall be provided to the office when such
 1347  support is paid to the account.
 1348         (8) EXPIRATION.—An applicant may not be certified as
 1349  qualified under this section after June 30, 2010. A tax refund
 1350  agreement existing on that date shall continue in effect in
 1351  accordance with its terms.
 1352         Section 13. Paragraph (e) of subsection (1), paragraph (b)
 1353  of subsection (3), and paragraph (f) of subsection (4) of
 1354  section 288.107, Florida Statutes, are amended, and paragraph
 1355  (e) is added to subsection (3) of that section, to read:
 1356         288.107 Brownfield redevelopment bonus refunds.—
 1357         (1) Definitions.— As used in this section:
 1358         (e) “Eligible business” means:
 1359         1. A qualified target industry business as defined in s.
 1360  288.106(1)(o); or
 1361         2. A business that can demonstrate a fixed capital
 1362  investment of at least $2 million in mixed-use business
 1363  activities, including multiunit housing, commercial, retail, and
 1364  industrial in brownfield areas, or at least $500,000 in
 1365  brownfield areas that do not require site cleanup, and which
 1366  provides benefits to its employees.
 1367         (3) CRITERIA.—The minimum criteria for participation in the
 1368  brownfield redevelopment bonus refund are:
 1369         (b) The completion of a fixed capital investment of at
 1370  least $2 million in mixed-use business activities, including
 1371  multiunit housing, commercial, retail, and industrial in
 1372  brownfield areas, or at least $500,000 in brownfield areas that
 1373  do not require site cleanup, by an eligible business applying
 1374  for a refund under paragraph (2)(b) which provides benefits to
 1375  its employees.
 1376         (e)A resolution adopted by the governing board of the
 1377  county or municipality in which the project will be located that
 1378  recommends that certain types of businesses be approved.
 1379         (4) PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.—
 1380         (f) Applications shall be reviewed and certified pursuant
 1381  to s. 288.061. The office shall review all applications
 1382  submitted under s. 288.106 or other similar application forms
 1383  for other eligible businesses as defined in paragraph (1)(e)
 1384  which indicate that the proposed project will be located in a
 1385  brownfield and determine, with the assistance of the Department
 1386  of Environmental Protection, that the project location is within
 1387  a brownfield as provided in this act.
 1388         Section 14. Paragraphs (b), (c), and (d) of subsection (5)
 1389  and subsections (7) and (8) of section 288.108, Florida
 1390  Statutes, are amended to read:
 1391         288.108 High-impact business.—
 1392         (5) APPLICATIONS; CERTIFICATION PROCESS; GRANT AGREEMENT.—
 1393         (b) Applications shall be reviewed and certified pursuant
 1394  to s. 288.061. Enterprise Florida, Inc., shall review each
 1395  submitted application and inform the applicant business whether
 1396  or not its application is complete within 10 working days. Once
 1397  the application is deemed complete, Enterprise Florida, Inc.,
 1398  has 10 working days within which to evaluate the application and
 1399  recommend approval or disapproval of the application to the
 1400  director. In recommending an applicant business for approval,
 1401  Enterprise Florida, Inc., shall include a recommended grant
 1402  award amount in its evaluation forwarded to the office.
 1403         (c) Upon receipt of the evaluation and recommendation of
 1404  Enterprise Florida, Inc., the director has 5 working days to
 1405  enter a final order that either approves or disapproves an
 1406  applicant business as a qualified high-impact business facility,
 1407  unless the business requests an extension of the time. The final
 1408  order shall specify the total amount of the qualified high
 1409  impact business facility performance grant award, the
 1410  performance conditions that must be met to obtain the award, and
 1411  the schedule for payment of the performance grant.
 1412         (c)(d) The director and the qualified high-impact business
 1413  shall enter into a performance grant agreement setting forth the
 1414  conditions for payment of the qualified high-impact business
 1415  performance grant. The agreement shall include the total amount
 1416  of the qualified high-impact business facility performance grant
 1417  award, the performance conditions that must be met to obtain the
 1418  award, including the employment, average salary, investment, the
 1419  methodology for determining if the conditions have been met, and
 1420  the schedule of performance grant payments.
 1421         (7) REPORTING.—The office shall by December 1 of each year
 1422  issue a complete and detailed report of all designated high
 1423  impact sectors, all applications received and their disposition,
 1424  all final orders issued, and all payments made, including
 1425  analyses of benefits and costs, types of projects supported, and
 1426  employment and investments created. The report shall be
 1427  submitted to the Governor, the President of the Senate, and the
 1428  Speaker of the House of Representatives.
 1429         (7)(8) RULEMAKING.—The office may adopt rules necessary to
 1430  carry out the provisions of this section.
 1431         Section 15. Paragraphs (a), (b), and (c) of subsection (3)
 1432  of section 288.1088, Florida Statutes, are amended to read:
 1433         288.1088 Quick Action Closing Fund.—
 1434         (3)(a) Enterprise Florida, Inc., shall review applications
 1435  pursuant to s. 288.061 and determine eligibility of each project
 1436  consistent with the criteria in subsection (2). Enterprise
 1437  Florida, Inc., in consultation with the Office of Tourism,
 1438  Trade, and Economic Development, may waive these criteria based
 1439  on extraordinary circumstances or in rural areas of critical
 1440  economic concern if the project would significantly benefit the
 1441  local or regional economy. Enterprise Florida, Inc., shall
 1442  evaluate individual proposals for high-impact business
 1443  facilities and forward recommendations regarding the use of
 1444  moneys in the fund for such facilities to the director of the
 1445  Office of Tourism, Trade, and Economic Development. Such
 1446  evaluation and recommendation must include, but need not be
 1447  limited to:
 1448         1. A description of the type of facility or infrastructure,
 1449  its operations, and the associated product or service associated
 1450  with the facility.
 1451         2. The number of full-time-equivalent jobs that will be
 1452  created by the facility and the total estimated average annual
 1453  wages of those jobs or, in the case of privately developed rural
 1454  infrastructure, the types of business activities and jobs
 1455  stimulated by the investment.
 1456         3. The cumulative amount of investment to be dedicated to
 1457  the facility within a specified period.
 1458         4. A statement of any special impacts the facility is
 1459  expected to stimulate in a particular business sector in the
 1460  state or regional economy or in the state’s universities and
 1461  community colleges.
 1462         5. A statement of the role the incentive is expected to
 1463  play in the decision of the applicant business to locate or
 1464  expand in this state or for the private investor to provide
 1465  critical rural infrastructure.
 1466         6. A report evaluating the quality and value of the company
 1467  submitting a proposal. The report must include:
 1468         a. A financial analysis of the company, including an
 1469  evaluation of the company’s short-term liquidity ratio as
 1470  measured by its assets to liability, the company’s profitability
 1471  ratio, and the company’s long-term solvency as measured by its
 1472  debt-to-equity ratio;
 1473         b. The historical market performance of the company;
 1474         c. A review of any independent evaluations of the company;
 1475         d. A review of the latest audit of the company’s financial
 1476  statement and the related auditor’s management letter; and
 1477         e. A review of any other types of audits that are related
 1478  to the internal and management controls of the company.
 1479         (b) Within 22 calendar days after receiving Upon receipt of
 1480  the evaluation and recommendation from Enterprise Florida, Inc.,
 1481  the director shall recommend to the Governor approval or
 1482  disapproval of a project for receipt of funds from the Quick
 1483  Action Closing Fund to the Governor. In recommending a project,
 1484  the director shall include proposed performance conditions that
 1485  the project must meet to obtain incentive funds. The Governor
 1486  shall provide the evaluation of projects recommended for
 1487  approval to the President of the Senate and the Speaker of the
 1488  House of Representatives and consult with the President of the
 1489  Senate and the Speaker of the House of Representatives before
 1490  giving final approval for a project. The Executive Office of the
 1491  Governor shall recommend approval of a project and the release
 1492  of funds pursuant to the legislative consultation and review
 1493  requirements set forth in s. 216.177. The recommendation must
 1494  include proposed performance conditions that the project must
 1495  meet in order to obtain funds.
 1496         (c) Upon the approval of the Governor, the director of the
 1497  Office of Tourism, Trade, and Economic Development and the
 1498  business shall enter into a contract that sets forth the
 1499  conditions for payment of moneys from the fund. The contract
 1500  must include the total amount of funds awarded; the performance
 1501  conditions that must be met to obtain the award, including, but
 1502  not limited to, net new employment in the state, average salary,
 1503  and total capital investment; demonstrate a baseline of current
 1504  service and a measure of enhanced capability; the methodology
 1505  for validating performance; the schedule of payments from the
 1506  fund; and sanctions for failure to meet performance conditions.
 1507  The contract must provide that payment of moneys from the fund
 1508  is contingent upon sufficient appropriation of funds by the
 1509  Legislature and upon sufficient release of appropriated funds by
 1510  the Legislative Budget Commission.
 1511         Section 16. Subsection (2) of section 257.193, Florida
 1512  Statutes, is amended to read:
 1513         257.193 Community Libraries in Caring Program.—
 1514         (2) The purpose of the Community Libraries in Caring
 1515  Program is to assist libraries in rural communities, as defined
 1516  in s. 288.0656(2)(b) and subject to the provisions of s.
 1517  288.06561, to strengthen their collections and services, improve
 1518  literacy in their communities, and improve the economic
 1519  viability of their communities.
 1520         Section 17. Section 288.019, Florida Statutes, is amended
 1521  to read:
 1522         288.019 Rural considerations in grant review and evaluation
 1523  processes.—Notwithstanding any other law, and to the fullest
 1524  extent possible, the member agencies and organizations of the
 1525  Rural Economic Development Initiative (REDI) as defined in s.
 1526  288.0656(6)(a) shall review all grant and loan application
 1527  evaluation criteria to ensure the fullest access for rural
 1528  counties as defined in s. 288.0656(2)(b) to resources available
 1529  throughout the state.
 1530         (1) Each REDI agency and organization shall review all
 1531  evaluation and scoring procedures and develop modifications to
 1532  those procedures which minimize the impact of a project within a
 1533  rural area.
 1534         (2) Evaluation criteria and scoring procedures must provide
 1535  for an appropriate ranking based on the proportionate impact
 1536  that projects have on a rural area when compared with similar
 1537  project impacts on an urban area.
 1538         (3) Evaluation criteria and scoring procedures must
 1539  recognize the disparity of available fiscal resources for an
 1540  equal level of financial support from an urban county and a
 1541  rural county.
 1542         (a) The evaluation criteria should weight contribution in
 1543  proportion to the amount of funding available at the local
 1544  level.
 1545         (b) In-kind match should be allowed and applied as
 1546  financial match when a county is experiencing financial distress
 1547  through elevated unemployment at a rate in excess of the state’s
 1548  average by 5 percentage points or because of the loss of its ad
 1549  valorem base.
 1550         (4) For existing programs, the modified evaluation criteria
 1551  and scoring procedure must be delivered to the Office of
 1552  Tourism, Trade, and Economic Development for distribution to the
 1553  REDI agencies and organizations. The REDI agencies and
 1554  organizations shall review and make comments. Future rules,
 1555  programs, evaluation criteria, and scoring processes must be
 1556  brought before a REDI meeting for review, discussion, and
 1557  recommendation to allow rural counties fuller access to the
 1558  state’s resources.
 1559         Section 18. Paragraph (d) of subsection (15) of section
 1560  627.6699, Florida Statutes, is amended to read:
 1561         627.6699 Employee Health Care Access Act.—
 1562         (15) SMALL EMPLOYERS ACCESS PROGRAM.—
 1563         (d) Eligibility.—
 1564         1. Any small employer that is actively engaged in business,
 1565  has its principal place of business in this state, employs up to
 1566  25 eligible employees on business days during the preceding
 1567  calendar year, employs at least 2 employees on the first day of
 1568  the plan year, and has had no prior coverage for the last 6
 1569  months may participate.
 1570         2. Any municipality, county, school district, or hospital
 1571  employer located in a rural community as defined in s.
 1572  288.0656(2)(b) may participate.
 1573         3. Nursing home employers may participate.
 1574         4. Each dependent of a person eligible for coverage is also
 1575  eligible to participate.
 1576  
 1577         Any employer participating in the program must do so until
 1578  the end of the term for which the carrier providing the coverage
 1579  is obligated to provide such coverage to the program. Coverage
 1580  for a small employer group that ceases to meet the eligibility
 1581  requirements of this section may be terminated at the end of the
 1582  policy period for which the necessary premiums have been paid.
 1583         Section 19. Subsection (2) of section 288.9622, Florida
 1584  Statutes, is amended to read:
 1585         288.9622 Findings and intent.—
 1586         (2) It is the intent of the Legislature that ss. 288.9621
 1587  288.9625 serve to mobilize private investment in a broad variety
 1588  of venture capital partnerships in diversified industries and
 1589  geographies; retain private sector investment criteria focused
 1590  on rate of return; use the services of highly qualified managers
 1591  in the venture capital industry regardless of location;
 1592  facilitate the organization of the Florida Opportunity Fund as
 1593  an fund-of-funds investor in seed and early stage businesses,
 1594  infrastructure projects, venture capital funds, and angel funds;
 1595  and precipitate capital investment and extensions of credit to
 1596  and in the Florida Opportunity Fund.
 1597         Section 20. Subsection (4) and paragraph (a) of subsection
 1598  (5) of section 288.9624, Florida Statutes, are amended to read
 1599         288.9624 Florida Opportunity Fund; creation; duties.—
 1600         (4) For the purpose of mobilizing investment in a broad
 1601  variety of Florida-based, new technology companies and
 1602  generating a return sufficient to continue reinvestment, the
 1603  fund shall:
 1604         (a) Invest directly only in seed and early stage venture
 1605  capital funds that have experienced managers or management teams
 1606  with demonstrated experience, expertise, and a successful
 1607  history in the investment of venture capital funds, focusing on
 1608  opportunities in this state. The fund also may not make direct
 1609  investments, including loans, in individual businesses and
 1610  infrastructure projects. While not precluded from investing in
 1611  venture capital funds that have investments outside this state,
 1612  the fund must require a venture capital fund to show a record of
 1613  successful investment in this state, to be based in this state,
 1614  or to have an office in this state staffed with a full-time,
 1615  professional venture investment executive in order to be
 1616  eligible for investment.
 1617         (b) Negotiate for investment capital or loan proceeds from
 1618  private, institutional, or banking sources.
 1619         (c) Negotiate any and all terms and conditions for its
 1620  investments.
 1621         (d) Invest only in funds, businesses, and infrastructure
 1622  projects that have raised capital from other sources so that the
 1623  amount invested in such funds, businesses, or infrastructure
 1624  projects an entity in this state is at least twice the amount
 1625  invested by the fund. Direct investments must be made in either
 1626  (i) Florida infrastructure projects or (ii) businesses that are
 1627  Florida-based or have significant business activities in Florida
 1628  and operate in technology sectors that are strategic to Florida
 1629  companies, including, but not limited to, enterprises in life
 1630  sciences, information technology, advanced manufacturing
 1631  processes, aviation and aerospace, and homeland security and
 1632  defense, as well as other strategic technologies.
 1633         (e) Form or operate other entities and accept additional
 1634  funds from other public and private sources to further its
 1635  purpose.
 1636  
 1637         The Opportunity Fund may not use its original legislative
 1638  appropriation of $29.5 million for direct investments, including
 1639  loans, in businesses or infrastructure projects, or for any
 1640  purpose not specified in ch. 2007-189, L.O.F.
 1641         (5) By December 1 of each year, the board shall issue an
 1642  annual report concerning the activities conducted by the fund to
 1643  the Governor, the President of the Senate, and the Speaker of
 1644  the House of Representatives. The annual report, at a minimum,
 1645  must include:
 1646         (a) An accounting of the amount of investments disbursed by
 1647  the fund and the progress of the fund, including the progress of
 1648  business and infrastructure projects that have been provided
 1649  direct investment by the fund.
 1650         Section 21. This act shall take effect July 1, 2009.
 1651  
 1652  
 1653  
 1654  ================= T I T L E  A M E N D M E N T ================
 1655         And the title is amended as follows:
 1656         Delete everything before the enacting clause
 1657  and insert:
 1658                        A bill to be entitled                      
 1659         An act relating to economic development; amending s.
 1660  288.1089, F.S.; defining the terms “commission,” “industry
 1661  wage,” “naming opportunities,” and “net royalty revenues”;
 1662  expanding the definition of “project” to include alternative and
 1663  renewable energy applicants; requiring that an application for
 1664  an incentive award include certain information; authorizing the
 1665  waiver or reduction of requirements relating to matching funds
 1666  for alternative and renewable energy projects; requiring that
 1667  Enterprise Florida, Inc., evaluate proposals for all categories
 1668  of innovation incentive awards and solicit comments from the
 1669  Florida Energy and Climate Commission before making its
 1670  recommendations; providing requirements for such evaluations and
 1671  recommendations; providing additional criteria for a research
 1672  and development facility; deleting qualifying criteria for
 1673  alternative and renewable energy projects; creating additional
 1674  evaluation criteria for alternative and renewable energy
 1675  projects; requiring that the Executive Office of the Governor
 1676  release funds upon review and approval of an award by the
 1677  Legislative Budget Commission; requiring the Office of Tourism,
 1678  Trade, and Economic Development and the recipient of an award to
 1679  enter into a contract setting forth conditions for the payment
 1680  of incentive funds; requiring that such agreement include
 1681  certain provisions; requiring that agreements signed after a
 1682  specified date contain certain additional provisions; requiring
 1683  that Enterprise Florida, Inc., submit a report containing
 1684  certain information within a specified period after the
 1685  conclusion of such agreement to the Governor, the President of
 1686  the Senate, and the Speaker of the House of Representatives;
 1687  requiring that each recipient of an award comply with certain
 1688  business ethics standards developed by Enterprise Florida, Inc.;
 1689  deleting provisions authorizing Enterprise Florida, Inc., to
 1690  collaborate with the State University System in reviewing and
 1691  evaluating business ethics standards; requiring that the office
 1692  submit to the Governor, the President of the Senate, and the
 1693  Speaker of the House of Representatives a report containing
 1694  certain information; specifying a date on which the office shall
 1695  begin submitting such reports; requiring that the Office of
 1696  Program Policy Analysis and Government Accountability and the
 1697  Office of the Auditor General submit a report; requiring that
 1698  such reports be submitted at specified intervals; requiring that
 1699  such reports include certain information; authorizing the office
 1700  to seek the assistance of certain government entities for
 1701  certain purposes; amending 212.097, F.S.; specifying a review
 1702  and certification requirement for the urban high crime area job
 1703  tax credit applications; amending s. 220.191, F.S.; specifying a
 1704  review and certification requirement for capital investment tax
 1705  credit applications; creating s. 288.061, F.S.; providing
 1706  requirements and procedures for an economic development
 1707  incentive application process; providing time periods and
 1708  requirements for certification for economic development
 1709  incentive applications; providing duties and responsibilities of
 1710  Enterprise Florida, Inc., and the Office of Tourism, Trade, and
 1711  Economic Development; amending s. 288.063, F.S.; revising
 1712  required criteria for review and certification of transportation
 1713  projects by the Office of Tourism, Trade, and Economic
 1714  Development; amending s. 288.065, F.S.; revising county
 1715  population criteria for loans from the Rural Community
 1716  Development Revolving Loan Fund; amending s. 288.0655, F.S.;
 1717  authorizing the Office of Tourism, Trade, and Economic
 1718  Development to award grants for a certain percentage of total
 1719  infrastructure project costs for certain catalyst site funding
 1720  applications; expanding eligible facilities for authorized
 1721  infrastructure projects; providing for waiver of the local
 1722  matching requirement; specifying a review and certification
 1723  requirement for the office for certain Rural Infrastructure Fund
 1724  grant applications; amending s. 288.0656, F.S.; providing
 1725  legislative intent; revising and providing definitions;
 1726  providing additional review and action requirements for the
 1727  Rural Economic Development Initiative relating to rural
 1728  communities; revising representation on the initiative; deleting
 1729  a limitation on characterization as a rural area of critical
 1730  economic concern; authorizing rural areas of critical economic
 1731  concern to designate certain catalyst projects for certain
 1732  purposes; providing project requirements; requiring the
 1733  initiative to assist local governments with certain
 1734  comprehensive planning needs; providing procedures and
 1735  requirements for such assistance; revising certain reporting
 1736  requirements for the initiative; amending s. 288.06561, F.S.,
 1737  conforming cross-references; amending s. 288.0657, F.S.;
 1738  revising the definition of the term “rural community“; amending
 1739  s. 288.1045, F.S.; revising provisions relating to the
 1740  application and refund process for the qualified defense
 1741  contractor tax refund program; specifying a review and
 1742  certification requirement for program refunds; revising the cap
 1743  on refunds per applicant; deleting a report requirement;
 1744  amending s. 288.106, F.S.; revising certain definitions;
 1745  revising industry code designation requirements for certain
 1746  activities under the tax refund program for qualified target
 1747  industry businesses; revising program application and approval
 1748  process provisions; specifying a review and certification
 1749  requirement for program applications; revising tax refund
 1750  agreement requirements; revising an economic-stimulus exemption
 1751  request provision; extending a final date for exemption
 1752  requests; extending a certification expiration provision;
 1753  amending s. 288.107, F.S.; revising a definition; revising
 1754  criteria for participation in brownfield redevelopment bonus
 1755  refunds; specifying a review and certification requirement for
 1756  brownfield redevelopment bonus refund applications; amending s.
 1757  288.108, F.S.; specifying a review and certification requirement
 1758  for applications for high-impact business performance grants;
 1759  deleting certain final order and report requirements; amending
 1760  s. 288.1088, F.S.; specifying a review requirement for Quick
 1761  Action Closing Fund project applications; providing a time
 1762  period for the director to recommend approval or disapproval of
 1763  a project for receipt of funds from the Quick Action Closing
 1764  Fund; amending ss. 257.193, 288.019, and 627.6699, F.S.;
 1765  conforming cross-references; amending s. 288.9622, F.S.;
 1766  expanding the types of investments that may be made by the
 1767  Florida Opportunity Fund; amending s. 288.9624, F.S.; providing
 1768  a limitation on how the originally appropriated funds may be
 1769  invested; allowing the Florida Opportunity Fund to form or
 1770  create other entities for investment purposes; revising a
 1771  reporting requirement; providing an effective date.
 1772