Florida Senate - 2009                             CS for SB 2034
       
       
       
       By the Committees on Commerce; and Commerce
       
       
       
       
       577-02953-09                                          20092034c1
    1                        A bill to be entitled                      
    2         An act relating to economic development; amending s.
    3         288.1089, F.S.; defining the terms “commission,”
    4         “industry wage,” “naming opportunities,” and “net
    5         royalty revenues”; expanding the definition of
    6         “project” to include alternative and renewable energy
    7         applicants; requiring that an application for an
    8         incentive award include certain information;
    9         authorizing the waiver or reduction of requirements
   10         relating to matching funds for alternative and
   11         renewable energy projects; requiring that Enterprise
   12         Florida, Inc., evaluate proposals for all categories
   13         of innovation incentive awards and solicit comments
   14         from the Florida Energy and Climate Commission before
   15         making its recommendations; providing requirements for
   16         such evaluations and recommendations; providing
   17         additional criteria for a research and development
   18         facility; deleting qualifying criteria for alternative
   19         and renewable energy projects; creating additional
   20         evaluation criteria for alternative and renewable
   21         energy projects; requiring that the Executive Office
   22         of the Governor release funds upon review and approval
   23         of an award by the Legislative Budget Commission;
   24         requiring the Office of Tourism, Trade, and Economic
   25         Development and the recipient of an award to enter
   26         into a contract setting forth conditions for the
   27         payment of incentive funds; requiring that such
   28         agreement include certain provisions; requiring that
   29         agreements signed after a specified date contain
   30         certain additional provisions; requiring that
   31         Enterprise Florida, Inc., submit a report containing
   32         certain information within a specified period after
   33         the conclusion of such agreement to the Governor, the
   34         President of the Senate, and the Speaker of the House
   35         of Representatives; requiring that each recipient of
   36         an award comply with certain business ethics standards
   37         developed by Enterprise Florida, Inc.; deleting
   38         provisions authorizing Enterprise Florida, Inc., to
   39         collaborate with the State University System in
   40         reviewing and evaluating business ethics standards;
   41         requiring that the office submit to the Governor, the
   42         President of the Senate, and the Speaker of the House
   43         of Representatives a report containing certain
   44         information; specifying a date on which the office
   45         shall begin submitting such reports; requiring that
   46         the Office of Program Policy Analysis and Government
   47         Accountability and the Office of the Auditor General
   48         submit a report; requiring that such reports be
   49         submitted at specified intervals; requiring that such
   50         reports include certain information; authorizing the
   51         office to seek the assistance of certain government
   52         entities for certain purposes; amending ss. 166.231,
   53         212.05, 212.08, 212.098, and 220.15, F.S.; revising
   54         industry code designations; amending 212.097, F.S.;
   55         revising industry code designations; specifying a
   56         review and certification requirement for the urban
   57         high crime area job tax credit applications; amending
   58         s. 220.191, F.S.; specifying a review and
   59         certification requirement for capital investment tax
   60         credit applications; creating s. 288.061, F.S.;
   61         providing requirements and procedures for an economic
   62         development incentive application process; providing
   63         time periods and requirements for certification for
   64         economic development incentive applications; providing
   65         duties and responsibilities of Enterprise Florida,
   66         Inc., and the Office of Tourism, Trade, and Economic
   67         Development; amending s. 288.063, F.S.; revising
   68         required criteria for review and certification of
   69         transportation projects by the Office of Tourism,
   70         Trade, and Economic Development; amending s. 288.065,
   71         F.S.; revising county population criteria for loans
   72         from the Rural Community Development Revolving Loan
   73         Fund; amending s. 288.0655, F.S.; authorizing the
   74         Office of Tourism, Trade, and Economic Development to
   75         award grants for a certain percentage of total
   76         infrastructure project costs for certain catalyst site
   77         funding applications; expanding eligible facilities
   78         for authorized infrastructure projects; providing for
   79         waiver of the local matching requirement; specifying a
   80         review and certification requirement for the office
   81         for certain Rural Infrastructure Fund grant
   82         applications; amending s. 288.0656, F.S.; providing
   83         legislative intent; revising and providing
   84         definitions; providing additional review and action
   85         requirements for the Rural Economic Development
   86         Initiative relating to rural communities; revising
   87         representation on the initiative; deleting a
   88         limitation on characterization as a rural area of
   89         critical economic concern; authorizing rural areas of
   90         critical economic concern to designate certain
   91         catalyst projects for certain purposes; providing
   92         project requirements; requiring the initiative to
   93         assist local governments with certain comprehensive
   94         planning needs; providing procedures and requirements
   95         for such assistance; revising certain reporting
   96         requirements for the initiative; amending s.
   97         288.06561, F.S., conforming cross-references; amending
   98         s. 288.0657, F.S.; revising the definition of the term
   99         “rural community“; amending s. 288.1045, F.S.;
  100         revising provisions relating to the application and
  101         refund process for the qualified defense contractor
  102         tax refund program; specifying a review and
  103         certification requirement for program refunds;
  104         revising the cap on refunds per applicant; deleting a
  105         report requirement; amending s. 288.106, F.S.;
  106         revising certain definitions; revising industry code
  107         designation requirements for certain activities under
  108         the tax refund program for qualified target industry
  109         businesses; revising program application and approval
  110         process provisions; specifying a review and
  111         certification requirement for program applications;
  112         revising tax refund agreement requirements; revising
  113         an economic-stimulus exemption request provision;
  114         extending a final date for exemption requests;
  115         extending a certification expiration provision;
  116         amending s. 288.107, F.S.; providing an additional
  117         criterion for participation in brownfield
  118         redevelopment bonus refunds; specifying a review and
  119         certification requirement for brownfield redevelopment
  120         bonus refund applications; amending s. 288.108, F.S.;
  121         specifying a review and certification requirement for
  122         applications for high-impact business performance
  123         grants; deleting certain final order and report
  124         requirements; amending s. 288.1088, F.S.; specifying a
  125         review requirement for Quick Action Closing Fund
  126         project applications; providing a time period for the
  127         director to recommend approval or disapproval of a
  128         project for receipt of funds from the Quick Action
  129         Closing Fund; amending ss. 257.193, 288.019, and
  130         627.6699, F.S.; conforming cross-references; providing
  131         an effective date.
  132  
  133  Be It Enacted by the Legislature of the State of Florida:
  134  
  135         Section 1. Subsections (1), (2), and (3), paragraph (d) of
  136  subsection (4), and subsections (5), (7), (8), (9), and (10) of
  137  section 288.1089, Florida Statutes, are amended, and subsections
  138  (11) and (12) are added to that section, to read:
  139         288.1089 Innovation Incentive Program.—
  140         (1) The Innovation Incentive Program is created within the
  141  Office of Tourism, Trade, and Economic Development to ensure
  142  that sufficient resources are available to allow the state to
  143  respond expeditiously to extraordinary economic opportunities
  144  and to compete effectively for high-value research and
  145  development, and innovation business, and alternative and
  146  renewal energy projects.
  147         (2) As used in this section, the term:
  148         (a) “Alternative and renewable energy” means electrical,
  149  mechanical, or thermal energy produced from a method that uses
  150  one or more of the following fuels or energy sources: ethanol,
  151  cellulosic ethanol, biobutanol, biodiesel, biomass, biogas,
  152  hydrogen fuel cells, ocean energy, hydrogen, solar, hydro, wind,
  153  or geothermal.
  154         (b) “Average private sector wage” means the statewide
  155  average wage in the private sector or the average of all private
  156  sector wages in the county or in the standard metropolitan area
  157  in which the project is located as determined by the Agency for
  158  Workforce Innovation.
  159         (c) “Brownfield area” means an area designated as a
  160  brownfield area pursuant to s. 376.80.
  161         (d)”Commission” means the Florida Energy and Climate
  162  Commission.
  163         (e)(d) “Cumulative investment” means cumulative capital
  164  investment and all eligible capital costs, as defined in s.
  165  220.191.
  166         (f)(e) “Director” means the director of the Office of
  167  Tourism, Trade, and Economic Development.
  168         (g)(f) “Enterprise zone” means an area designated as an
  169  enterprise zone pursuant to s. 290.0065.
  170         (h)(g) “Fiscal year” means the state fiscal year.
  171         (i)“Industry wage” means the average annual wage paid to
  172  employees in a particular industry, as designated by the North
  173  American Industry Classification System (NAICS), and compiled by
  174  the Bureau of Labor Statistics of the United States Department
  175  of Labor.
  176         (j)(h) “Innovation business” means a business expanding or
  177  locating in this state that is likely to serve as a catalyst for
  178  the growth of an existing or emerging technology cluster or will
  179  significantly impact the regional economy in which it is to
  180  expand or locate.
  181         (k)(i) “Jobs” means full-time equivalent positions, as that
  182  term is consistent with terms used by the Agency for Workforce
  183  Innovation and the United States Department of Labor for
  184  purposes of unemployment compensation tax administration and
  185  employment estimation, resulting directly from a project in this
  186  state. The term does not include temporary construction jobs.
  187         (l)“Naming opportunities” means charitable donations from
  188  any person or entity in consideration for the right to have all
  189  or a portion of the facility named for or in the memory of any
  190  person, living or dead, or for any entity.
  191         (m)“Net royalty revenues” means all royalty revenues less
  192  the cost of obtaining, maintaining, and enforcing related patent
  193  and intellectual property rights, both foreign and domestic.
  194         (n)(j) “Match” means funding from local sources, public or
  195  private, which will be paid to the applicant and which is equal
  196  to 100 percent of an award. Eligible match funding may include
  197  any tax abatement granted to the applicant under s. 196.1995 or
  198  the appraised market value of land, buildings, infrastructure,
  199  or equipment conveyed or provided at a discount to the
  200  applicant. Complete documentation of a match payment or other
  201  conveyance must be presented to and verified by the office prior
  202  to transfer of state funds to an applicant. An applicant may not
  203  provide, directly or indirectly, more than 5 percent of match
  204  funding in any fiscal year. The sources of such funding may not
  205  include, directly or indirectly, state funds appropriated from
  206  the General Revenue Fund or any state trust fund, excluding tax
  207  revenues shared with local governments pursuant to law.
  208         (o)(k) “Office” means the Office of Tourism, Trade, and
  209  Economic Development.
  210         (p)(l) “Project” means the location to or expansion in this
  211  state by an innovation business, a or research and development
  212  applicant, or an alternative and renewable energy applicant
  213  approved for an award pursuant to this section.
  214         (q)(m) “Research and development” means basic and applied
  215  research in the sciences or engineering, as well as the design,
  216  development, and testing of prototypes or processes of new or
  217  improved products. Research and development does not include
  218  market research, routine consumer product testing, sales
  219  research, research in the social sciences or psychology,
  220  nontechnological activities, or technical services.
  221         (r)(n) “Research and development facility” means a facility
  222  that is predominately engaged in research and development
  223  activities. For purposes of this paragraph, the term
  224  “predominantly” means at least 51 percent of the time.
  225         (s)(o) “Rural area” means a rural city, rural community, or
  226  rural county as defined in s. 288.106.
  227         (3) To be eligible for consideration for an innovation
  228  incentive award, an innovation business, a or research and
  229  development entity, or an alternative and renewable energy
  230  company project must submit a written application to Enterprise
  231  Florida, Inc., before making a decision to locate new operations
  232  in this state or expand an existing operation in this state. The
  233  application must include, but not be limited to:
  234         (a) The applicant’s federal employer identification number,
  235  unemployment account number, and state sales tax registration
  236  number. If such numbers are not available at the time of
  237  application, they must be submitted to the office in writing
  238  prior to the disbursement of any payments under this section.
  239         (b) The location in this state at which the project is
  240  located or is to be located.
  241         (c) A description of the type of business activity,
  242  product, or research and development undertaken by the
  243  applicant, including six-digit North American Industry
  244  Classification System codes for all activities included in the
  245  project.
  246         (d) The applicant’s projected investment in the project.
  247         (e) The total investment, from all sources, in the project.
  248         (f) The number of net new full-time equivalent jobs in this
  249  state the applicant anticipates having created as of December 31
  250  of each year in the project and the average annual wage of such
  251  jobs.
  252         (g) The total number of full-time equivalent employees
  253  currently employed by the applicant in this state, if
  254  applicable.
  255         (h) The anticipated commencement date of the project.
  256         (i) A detailed explanation of why the innovation incentive
  257  is needed to induce the applicant to expand or locate in the
  258  state and whether an award would cause the applicant to locate
  259  or expand in this state.
  260         (j) If applicable, an estimate of the proportion of the
  261  revenues resulting from the project that will be generated
  262  outside this state.
  263         (4) To qualify for review by the office, the applicant
  264  must, at a minimum, establish the following to the satisfaction
  265  of Enterprise Florida, Inc., and the office:
  266         (d) For an alternative and renewable energy project in this
  267  state, the project must:
  268         1. Demonstrate a plan for significant collaboration with an
  269  institution of higher education;
  270         2. Provide the state, at a minimum, a break-even return on
  271  investment within a 20-year period;
  272         3. Include matching funds provided by the applicant or
  273  other available sources. The match requirement may be reduced or
  274  waived in rural areas of critical economic concern or reduced in
  275  rural areas, brownfield areas, and enterprise zones This
  276  requirement may be waived if the office and the department
  277  determine that the merits of the individual project or the
  278  specific circumstances warrant such action;
  279         4. Be located in this state; and
  280         5. Provide at least 35 direct, new jobs that pay an
  281  estimated annual average wage that equals at least 130 percent
  282  of the average private sector wage. The average wage requirement
  283  may be waived if the office and the commission determine that
  284  the merits of the individual project or the specific
  285  circumstances warrant such action; and
  286         6.Meet one of the following criteria:
  287         a.Result in the creation of at least 35 direct, new jobs
  288  at the business.
  289         b.Have an activity or product that uses feedstock or other
  290  raw materials grown or produced in this state.
  291         c.Have a cumulative investment of at least $50 million
  292  within a 5-year period.
  293         d.Address the technical feasibility of the technology, and
  294  the extent to which the proposed project has been demonstrated
  295  to be technically feasible based on pilot project
  296  demonstrations, laboratory testing, scientific modeling, or
  297  engineering or chemical theory that supports the proposal.
  298         e.Include innovative technology and the degree to which
  299  the project or business incorporates an innovative new
  300  technology or an innovative application of an existing
  301  technology.
  302         f.Include production potential and the degree to which a
  303  project or business generates thermal, mechanical, or electrical
  304  energy by means of a renewable energy resource that has
  305  substantial long-term production potential. The project must, to
  306  the extent possible, quantify annual production potential in
  307  megawatts or kilowatts.
  308         g.Include and address energy efficiency and the degree to
  309  which a project demonstrates efficient use of energy, water, and
  310  material resources.
  311         h.Include project management and the ability of management
  312  to administer and complete the business project.
  313         (5) Enterprise Florida, Inc., shall evaluate proposals for
  314  all three categories of innovation incentive awards and transmit
  315  recommendations for awards to the office. Before making its
  316  recommendations on alternative and renewable energy projects,
  317  Enterprise Florida, Inc., shall solicit comments and
  318  recommendations from the Florida Energy and Climate Commission
  319  for alternative and renewable energy project proposals. For each
  320  project, Such evaluation and recommendation to the office must
  321  include, but need not be limited to:
  322         (a) A description of the project, its required facilities,
  323  and the associated product, service, or research and development
  324  associated with the project.
  325         (b) The percentage of match provided for the project.
  326         (c) The number of full-time equivalent jobs that will be
  327  created by the project, the total estimated average annual wages
  328  of such jobs, and the types of business activities and jobs
  329  likely to be stimulated by the project.
  330         (d) The cumulative investment to be dedicated to the
  331  project within 5 years and the total investment expected in the
  332  project if more than 5 years.
  333         (e) The projected economic and fiscal impacts on the local
  334  and state economies relative to investment.
  335         (f) A statement of any special impacts the project is
  336  expected to stimulate in a particular business sector in the
  337  state or regional economy or in the state’s universities and
  338  community colleges.
  339         (g) A statement of any anticipated or proposed
  340  relationships with state universities.
  341         (h) A statement of the role the incentive is expected to
  342  play in the decision of the applicant to locate or expand in
  343  this state.
  344         (i) A recommendation and explanation of the amount of the
  345  award needed to cause the applicant to expand or locate in this
  346  state.
  347         (j) A discussion of the efforts and commitments made by the
  348  local community in which the project is to be located to induce
  349  the applicant’s location or expansion, taking into consideration
  350  local resources and abilities.
  351         (k) A recommendation for specific performance criteria the
  352  applicant would be expected to achieve in order to receive
  353  payments from the fund and penalties or sanctions for failure to
  354  meet or maintain performance conditions.
  355         (l) Additional evaluative criteria for a research and
  356  development facility project include:
  357         1. A description of the extent to which the project has the
  358  potential to serve as catalyst for an emerging or evolving
  359  cluster.
  360         2. A description of the extent to which the project has or
  361  could have a long-term collaborative research and development
  362  relationship with one or more universities or community colleges
  363  in this state.
  364         3. A description of the existing or projected impact of the
  365  project on established clusters or targeted industry sectors.
  366         4. A description of the project’s contribution to the
  367  diversity and resiliency of the innovation economy of this
  368  state.
  369         5. A description of the project’s impact on special needs
  370  communities, including, but not limited to, rural areas,
  371  distressed urban areas, and enterprise zones.
  372         (m)Additional evaluative criteria for alternative and
  373  renewable energy proposals include:
  374         1.The availability of matching funds or other in-kind
  375  contributions applied to the total project from an applicant.
  376  The commission shall give greater preference to projects that
  377  provide such matching funds or other in-kind contributions.
  378         2.The degree to which the project stimulates in-state
  379  capital investment and economic development in metropolitan and
  380  rural areas, including the creation of jobs and the future
  381  development of a commercial market for renewable energy
  382  technologies.
  383         3.The extent to which the proposed project has been
  384  demonstrated to be technically feasible based on pilot project
  385  demonstrations, laboratory testing, scientific modeling, or
  386  engineering or chemical theory that supports the proposal.
  387         4.The degree to which the project incorporates an
  388  innovative new technology or an innovative application of an
  389  existing technology.
  390         5.The degree to which a project generates thermal,
  391  mechanical, or electrical energy by means of a renewable energy
  392  resource that has substantial long-term production potential.
  393         6.The degree to which a project demonstrates efficient use
  394  of energy and material resources.
  395         7.The degree to which the project fosters overall
  396  understanding and appreciation of renewable energy technologies.
  397         8.The ability to administer a complete project.
  398         9.Project duration and timeline for expenditures.
  399         10.The geographic area in which the project is to be
  400  conducted in relation to other projects.
  401         11.The degree of public visibility and interaction.
  402         (7) Upon receipt of the evaluation and recommendation from
  403  Enterprise Florida, Inc., and from the Florida Energy and
  404  Climate Commission for alternative and renewable energy project
  405  proposals, the director shall recommend to the Governor the
  406  approval or disapproval of an award. In recommending approval of
  407  an award, the director shall include proposed performance
  408  conditions that the applicant must meet in order to obtain
  409  incentive funds and any other conditions that must be met before
  410  the receipt of any incentive funds. The Governor shall consult
  411  with the President of the Senate and the Speaker of the House of
  412  Representatives before giving approval for an award. Upon review
  413  and approval of an award by the Legislative Budget Commission,
  414  the Executive Office of the Governor shall release the funds
  415  pursuant to the legislative consultation and review requirements
  416  set forth in s. 216.177.
  417         (8)(a)After the conditions Upon approval by the Governor
  418  and release of the funds as set forth in subsection (7) have
  419  been met, the director shall issue a letter certifying the
  420  applicant as qualified for an award. The office and the award
  421  recipient applicant shall enter into an agreement that sets
  422  forth the conditions for payment of the incentive funds
  423  incentives. The agreement must include, at a minimum:
  424         1. The total amount of funds awarded.;
  425         2. The performance conditions that must be met in order to
  426  obtain the award or portions of the award, including, but not
  427  limited to, net new employment in the state, average wage, and
  428  total cumulative investment.;
  429         3. Demonstration of a baseline of current service and a
  430  measure of enhanced capability.;
  431         4. The methodology for validating performance.;
  432         5. The schedule of payments.; and
  433         6. Sanctions for failure to meet performance conditions,
  434  including any clawback provisions.
  435         (b)Additionally, agreements signed on or after July 1,
  436  2009, must include the following provisions:
  437         1.Notwithstanding subsection (4), a requirement that the
  438  jobs created by the recipient of the incentive funds pay an
  439  annual average wage at least equal to the relevant industry’s
  440  annual average wage or at least 130 percent of the average
  441  private-sector wage, whichever is greater.
  442         2.A reinvestment requirement. Each recipient of an award
  443  shall reinvest up to 15 percent of net royalty revenues,
  444  including revenues from spin-off companies and the revenues from
  445  the sale of stock it receives from the licensing or transfer of
  446  inventions, methods, processes, and other patentable discoveries
  447  conceived or reduced to practice using its facilities in Florida
  448  or its Florida-based employees, in whole or in part, and to
  449  which the recipient of the grant becomes entitled during the 20
  450  years following the effective date of its agreement with the
  451  office. Each recipient of an award also shall reinvest up to 15
  452  percent of the gross revenues it receives from naming
  453  opportunities associated with any facility it builds in this
  454  state. Reinvestment payments shall commence no later than 6
  455  months after the recipient of the grant has received the final
  456  disbursement under the contract and shall continue until the
  457  maximum reinvestment, as specified in the contract, has been
  458  paid. Reinvestment payments shall be remitted to the office for
  459  deposit in the Biomedical Research Trust Fund for companies
  460  specializing in biomedicine or life sciences, or in the Economic
  461  Development Trust Fund for companies specializing in fields
  462  other than biomedicine or the life sciences. If these trust
  463  funds no longer exist at the time of the reinvestment, the
  464  state’s share of reinvestment shall be deposited in their
  465  successor trust funds as determined by law. Each recipient of an
  466  award shall annually submit a schedule of the shares of stock
  467  held by it as payment of the royalty required by this paragraph
  468  and report on any trades or activity concerning such stock. Each
  469  recipient’s reinvestment obligations survive the expiration or
  470  termination of its agreement with the state.
  471         3.Requirements for the establishment of internship
  472  programs or other learning opportunities for educators and
  473  secondary, postsecondary, graduate, and doctoral students.
  474         4.A requirement that the recipient submit quarterly
  475  reports and annual reports related to activities and performance
  476  to the office, according to standardized reporting periods.
  477         5.A requirement for an annual accounting to the office of
  478  the expenditure of funds disbursed under this section.
  479         6.A process for amending the agreement.
  480         (9) Enterprise Florida, Inc., shall assist the office in
  481  validating the performance of an innovation business, a or
  482  research and development facility, or an alternative and
  483  renewable energy business that has received an award. At the
  484  conclusion of the innovation incentive award agreement, or its
  485  earlier termination, Enterprise Florida, Inc., shall, within 90
  486  days, submit a report the results of the innovation incentive
  487  award to the Governor, the President of the Senate, and the
  488  Speaker of the House of Representatives detailing whether the
  489  recipient of the innovation incentive grant achieved its
  490  specified outcomes.
  491         (10) Each recipient of an award shall comply with
  492  Enterprise Florida, Inc., shall develop business ethics
  493  standards developed by Enterprise Florida, Inc., which are based
  494  on appropriate best industry practices which shall be applicable
  495  to all award recipients. The standards shall address ethical
  496  duties of business enterprises, fiduciary responsibilities of
  497  management, and compliance with the laws of this state.
  498  Enterprise Florida, Inc., may collaborate with the State
  499  University System in reviewing and evaluating appropriate
  500  business ethics standards. Such standards shall be provided to
  501  the Governor, the President of the Senate, and the Speaker of
  502  the House of Representatives by December 31, 2006. An award
  503  agreement entered into on or after December 31, 2006, shall
  504  require a recipient to comply with the business ethics standards
  505  developed pursuant to this section.
  506         (11)(a)Beginning January 5, 2010, and every year
  507  thereafter, the office shall submit to the Governor, the
  508  President of the Senate, and the Speaker of the House of
  509  Representatives a report summarizing the activities and
  510  accomplishments of the recipients of grants from the Innovation
  511  Incentive Program during the previous 12 months and an
  512  evaluation by the office of whether the recipients are catalysts
  513  for additional direct and indirect economic development in
  514  Florida.
  515         (b)Beginning March 1, 2010, and every third year
  516  thereafter, the Office of Program Policy Analysis and Government
  517  Accountability, in consultation with the Auditor General’s
  518  Office, shall release a report evaluating the Innovation
  519  Incentive Program’s progress toward creating clusters of high
  520  wage, high-skilled, complementary industries that serve as
  521  catalysts for economic growth specifically in the regions in
  522  which they are located, and generally for the state as a whole.
  523  Such report should include critical analyses of quarterly and
  524  annual reports, annual audits, and other documents prepared by
  525  the Innovation Incentive program awardees; relevant economic
  526  development reports prepared by the office, Enterprise Florida,
  527  Inc., and local or regional economic development organizations;
  528  interviews with the parties involved; and any other relevant
  529  data. Such report should also include legislative
  530  recommendations, if necessary, on how to improve the Innovation
  531  Incentive Program so that the program reaches its anticipated
  532  potential as a catalyst for direct and indirect economic
  533  development in this state.
  534         (12)The office may seek the assistance of the Office of
  535  Program Policy Analysis and Government Accountability, the
  536  Legislature’s Office of Economic and Demographic Research, and
  537  other entities for the purpose of developing performance
  538  measures or techniques to quantify the synergistic economic
  539  development impacts that awardees of grants are having within
  540  their communities.
  541         Section 2. Subsection (6) of section 166.231, Florida
  542  Statutes, is amended to read:
  543         166.231 Municipalities; public service tax.—
  544         (6) A municipality may exempt from the tax imposed by this
  545  section any amount up to, and including, the total amount of
  546  electricity, metered natural gas, liquefied petroleum gas either
  547  metered or bottled, or manufactured gas either metered or
  548  bottled purchased per month, or reduce the rate of taxation on
  549  the purchase of such electricity or gas when purchased by an
  550  industrial consumer which uses the electricity or gas directly
  551  in industrial manufacturing, processing, compounding, or a
  552  production process, at a fixed location in the municipality, of
  553  items of tangible personal property for sale. The municipality
  554  shall establish the requirements for qualification for this
  555  exemption in the manner prescribed by ordinance. Possession by a
  556  seller of a written certification by the purchaser, certifying
  557  the purchaser’s entitlement to an exemption permitted by this
  558  subsection, relieves the seller from the responsibility of
  559  collecting the tax on the nontaxable amounts, and the
  560  municipality shall look solely to the purchaser for recovery of
  561  such tax if it determines that the purchaser was not entitled to
  562  the exemption. Any municipality granting an exemption pursuant
  563  to this subsection shall grant the exemption to all companies
  564  classified in the same five-digit NAICS SIC Industry Major Group
  565  Number.
  566         Section 3. Paragraph (i) of subsection (1) of section
  567  212.05, Florida Statutes, is amended to read:
  568         212.05 Sales, storage, use tax.—It is hereby declared to be
  569  the legislative intent that every person is exercising a taxable
  570  privilege who engages in the business of selling tangible
  571  personal property at retail in this state, including the
  572  business of making mail order sales, or who rents or furnishes
  573  any of the things or services taxable under this chapter, or who
  574  stores for use or consumption in this state any item or article
  575  of tangible personal property as defined herein and who leases
  576  or rents such property within the state.
  577         (1) For the exercise of such privilege, a tax is levied on
  578  each taxable transaction or incident, which tax is due and
  579  payable as follows:
  580         (i)1. At the rate of 6 percent on charges for all:
  581         a. Detective, burglar protection, and other protection
  582  services (NAICS National SIC Industry Numbers 561611, 561612,
  583  561613, 7381 and 561621 7382). Any law enforcement officer, as
  584  defined in s. 943.10, who is performing approved duties as
  585  determined by his or her local law enforcement agency in his or
  586  her capacity as a law enforcement officer, and who is subject to
  587  the direct and immediate command of his or her law enforcement
  588  agency, and in the law enforcement officer’s uniform as
  589  authorized by his or her law enforcement agency, is performing
  590  law enforcement and public safety services and is not performing
  591  detective, burglar protection, or other protective services, if
  592  the law enforcement officer is performing his or her approved
  593  duties in a geographical area in which the law enforcement
  594  officer has arrest jurisdiction. Such law enforcement and public
  595  safety services are not subject to tax irrespective of whether
  596  the duty is characterized as “extra duty,” “off-duty,” or
  597  “secondary employment,” and irrespective of whether the officer
  598  is paid directly or through the officer’s agency by an outside
  599  source. The term “law enforcement officer” includes full-time or
  600  part-time law enforcement officers, and any auxiliary law
  601  enforcement officer, when such auxiliary law enforcement officer
  602  is working under the direct supervision of a full-time or part
  603  time law enforcement officer.
  604         b. Nonresidential cleaning and nonresidential pest control
  605  services (NAICS National Numbers 561710, 561720, and 561790 SIC
  606  Industry Group Number 734).
  607         2. As used in this paragraph, “NAICS SIC” means those
  608  classifications contained in the North American Industry
  609  Standard Industrial Classification System Manual, 1987, as
  610  published by the Office of Management and Budget, Executive
  611  Office of the President.
  612         3. Charges for detective, burglar protection, and other
  613  protection security services performed in this state but used
  614  outside this state are exempt from taxation. Charges for
  615  detective, burglar protection, and other protection security
  616  services performed outside this state and used in this state are
  617  subject to tax.
  618         4. If a transaction involves both the sale or use of a
  619  service taxable under this paragraph and the sale or use of a
  620  service or any other item not taxable under this chapter, the
  621  consideration paid must be separately identified and stated with
  622  respect to the taxable and exempt portions of the transaction or
  623  the entire transaction shall be presumed taxable. The burden
  624  shall be on the seller of the service or the purchaser of the
  625  service, whichever applicable, to overcome this presumption by
  626  providing documentary evidence as to which portion of the
  627  transaction is exempt from tax. The department is authorized to
  628  adjust the amount of consideration identified as the taxable and
  629  exempt portions of the transaction; however, a determination
  630  that the taxable and exempt portions are inaccurately stated and
  631  that the adjustment is applicable must be supported by
  632  substantial competent evidence.
  633         5. Each seller of services subject to sales tax pursuant to
  634  this paragraph shall maintain a monthly log showing each
  635  transaction for which sales tax was not collected because the
  636  services meet the requirements of subparagraph 3. for out-of
  637  state use. The log must identify the purchaser’s name, location
  638  and mailing address, and federal employer identification number,
  639  if a business, or the social security number, if an individual,
  640  the service sold, the price of the service, the date of sale,
  641  the reason for the exemption, and the sales invoice number. The
  642  monthly log shall be maintained pursuant to the same
  643  requirements and subject to the same penalties imposed for the
  644  keeping of similar records pursuant to this chapter.
  645         Section 4. Paragraphs (ff), (xx), and (yy) of subsection
  646  (7) of section 212.08, Florida Statutes, are amended to read:
  647         212.08 Sales, rental, use, consumption, distribution, and
  648  storage tax; specified exemptions.—The sale at retail, the
  649  rental, the use, the consumption, the distribution, and the
  650  storage to be used or consumed in this state of the following
  651  are hereby specifically exempt from the tax imposed by this
  652  chapter.
  653         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
  654  entity by this chapter do not inure to any transaction that is
  655  otherwise taxable under this chapter when payment is made by a
  656  representative or employee of the entity by any means,
  657  including, but not limited to, cash, check, or credit card, even
  658  when that representative or employee is subsequently reimbursed
  659  by the entity. In addition, exemptions provided to any entity by
  660  this subsection do not inure to any transaction that is
  661  otherwise taxable under this chapter unless the entity has
  662  obtained a sales tax exemption certificate from the department
  663  or the entity obtains or provides other documentation as
  664  required by the department. Eligible purchases or leases made
  665  with such a certificate must be in strict compliance with this
  666  subsection and departmental rules, and any person who makes an
  667  exempt purchase with a certificate that is not in strict
  668  compliance with this subsection and the rules is liable for and
  669  shall pay the tax. The department may adopt rules to administer
  670  this subsection.
  671         (ff) Certain electricity or steam uses.—
  672         1. Subject to the provisions of subparagraph 4., charges
  673  for electricity or steam used to operate machinery and equipment
  674  at a fixed location in this state when such machinery and
  675  equipment is used to manufacture, process, compound, produce, or
  676  prepare for shipment items of tangible personal property for
  677  sale, or to operate pollution control equipment, recycling
  678  equipment, maintenance equipment, or monitoring or control
  679  equipment used in such operations are exempt to the extent
  680  provided in this paragraph. If 75 percent or more of the
  681  electricity or steam used at the fixed location is used to
  682  operate qualifying machinery or equipment, 100 percent of the
  683  charges for electricity or steam used at the fixed location are
  684  exempt. If less than 75 percent but 50 percent or more of the
  685  electricity or steam used at the fixed location is used to
  686  operate qualifying machinery or equipment, 50 percent of the
  687  charges for electricity or steam used at the fixed location are
  688  exempt. If less than 50 percent of the electricity or steam used
  689  at the fixed location is used to operate qualifying machinery or
  690  equipment, none of the charges for electricity or steam used at
  691  the fixed location are exempt.
  692         2. This exemption applies only to industries classified
  693  under NAICS Sector SIC Industry Major Group Numbers 21, 31, 32,
  694  and 33 and NAICS National Numbers 113310, 238910, 488390,
  695  511110, 511120, 511130, 511140, 511191, 511199, 512220, 512230,
  696  519130, 541360, 541710, and 811490 10, 12, 13, 14, 20, 22, 23,
  697  24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, and
  698  39 and Industry Group Number 212. As used in this paragraph,
  699  “NAICS SIC” means those classifications contained in the North
  700  American Industry Standard Industrial Classification System
  701  Manual, 1987, as published by the Office of Management and
  702  Budget, Executive Office of the President.
  703         3. Possession by a seller of a written certification by the
  704  purchaser, certifying the purchaser’s entitlement to an
  705  exemption permitted by this subsection, relieves the seller from
  706  the responsibility of collecting the tax on the nontaxable
  707  amounts, and the department shall look solely to the purchaser
  708  for recovery of such tax if it determines that the purchaser was
  709  not entitled to the exemption.
  710         4. Such exemption shall be applied as follows: beginning
  711  July 1, 2000, 100 percent of the charges for such electricity or
  712  steam shall be exempt.
  713         (xx) Certain repair and labor charges.—
  714         1. Subject to the provisions of subparagraphs 2. and 3.,
  715  there is exempt from the tax imposed by this chapter all labor
  716  charges for the repair of, and parts and materials used in the
  717  repair of and incorporated into, industrial machinery and
  718  equipment which is used for the manufacture, processing,
  719  compounding, production, or preparation for shipping of items of
  720  tangible personal property at a fixed location within this
  721  state.
  722         2. This exemption applies only to industries classified
  723  under NAICS Sector SIC Industry Major Group Numbers 21, 31, 32,
  724  and 33 and NAICS National Numbers 113310, 238910, 488390,
  725  511110, 511120, 511130, 511140, 511191, 511199, 512220, 512230,
  726  519130, 541360, 541710, and 811490 10, 12, 13, 14, 20, 22, 23,
  727  24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, and
  728  39 and Industry Group Number 212. As used in this subparagraph,
  729  “NAICS SIC” means those classifications contained in the North
  730  American Industry Standard Industrial Classification System
  731  Manual, 1987, as published by the Office of Management and
  732  Budget, Executive Office of the President.
  733         3. This exemption shall be applied as follows:
  734         a. Beginning July 1, 2000, 50 percent of such charges for
  735  repair parts and labor shall be exempt.
  736         b. Beginning July 1, 2001, 75 percent of such charges for
  737  repair parts and labor shall be exempt.
  738         c. Beginning July 1, 2002, 100 percent of such charges for
  739  repair parts and labor shall be exempt.
  740         (yy) Film and other printing supplies.—Also exempt are the
  741  following materials purchased, produced, or created by
  742  businesses classified under NAICS National SIC Industry Numbers
  743  323110, 323111, 323112, 323113, 323114, 323115, 323116, 323118,
  744  323119, 323121, 323122, 511191, and 519130 275, 276, 277, 278,
  745  or 279 for use in producing graphic matter for sale: film,
  746  photographic paper, dyes used for embossing and engraving,
  747  artwork, typography, lithographic plates, and negatives. As used
  748  in this paragraph, “NAICS SIC” means those classifications
  749  contained in the North American Industry Standard Industrial
  750  Classification System Manual, 1987, as published by the Office
  751  of Management and Budget, Executive Office of the President.
  752         Section 5. Paragraph (a) of subsection (1) and paragraph
  753  (b) of subsection (10) of section 212.097, Florida Statutes, are
  754  amended to read:
  755         212.097 Urban High-Crime Area Job Tax Credit Program.—
  756         (1) As used in this section, the term:
  757         (a) “Eligible business” means any sole proprietorship,
  758  firm, partnership, or corporation that is located in a qualified
  759  county and is predominantly engaged in, or is headquarters for a
  760  business predominantly engaged in, activities usually provided
  761  for consideration by firms classified within the following North
  762  American Industry Classification System standard industrial
  763  classifications: NAICS Sector Number 11 SIC 01-SIC 09
  764  (agriculture, forestry, and fishing, and hunting); NAICS Sector
  765  Numbers 31-33 and NAICS National Numbers 212324, 212325, 212393,
  766  and 212399 SIC 20-SIC 39 (manufacturing); NAICS National Numbers
  767  212324, 441110, 441120, 441210, 441221, 441222, 441229, 441310,
  768  441320, 442110, 442210, 442291, 442299, 443111, 443112, 443120,
  769  443130, 444110, 444120, 444130, 444190, 444210, 444220, 445110,
  770  445120, 445210, 445220, 445230, 445291, 445292, 445299, 445310,
  771  446110, 446120, 446130, 446191, 446199, 447110, 447190, 448110,
  772  448120, 448130, 448140, 448150, 448190, 448210, 448310, 448320,
  773  451110, 451120, 451130, 451140, 451211, 451212, 451220, 452111,
  774  452112, 452910, 452990, 453110, 453210, 453220, 453310, 453910,
  775  453920, 453930, 453991, 453998, 454111, 454112, 454113, 454210,
  776  454311, 454312, 454319, 454390, 488390, 511110, 511120, 511130,
  777  511140, 511191, 511199, 512220, 512230, 519130, 522298, 541320,
  778  541710, 541940, 561730, 722213, 722330, 811490, and 812910 SIC
  779  52-SIC 57 and SIC 59 (retail); NAICS National Numbers 493110,
  780  493120, 493130, 493190, and 531130 SIC 422 (public warehousing
  781  and storage); NAICS National Numbers 721110, 721120, 721191,
  782  721199, 721211, 721214, and 721310 SIC 70 (hotels and other
  783  lodging places); NAICS National Number 541710 SIC 7391 (research
  784  and development); NAICS National Numbers 334612, 512110, 512191,
  785  512199, 532220, 532490, 541214, 541690, 561310, and 711510 SIC
  786  781 (motion picture production and allied services); NAICS
  787  National Number 713910 SIC 7992 (public golf courses); and NAICS
  788  National Number 713110 SIC 7996 (amusement parks). A call center
  789  or similar customer service operation that services a multistate
  790  market or international market is also an eligible business. In
  791  addition, the Office of Tourism, Trade, and Economic Development
  792  may, as part of its final budget request submitted pursuant to
  793  s. 216.023, recommend additions to or deletions from the list of
  794  standard industrial classifications used to determine an
  795  eligible business, and the Legislature may implement such
  796  recommendations. Excluded from eligible receipts are receipts
  797  from retail sales, except such receipts for NAICS National
  798  Numbers 311330, 311340, 311811, 314121, 314129, 315222, 315233,
  799  327112, 337110, 337121, 337122, 339113, 339115, 441110, 441120,
  800  441210, 441221, 441222, 441229, 441310, 441320, 442110, 442210,
  801  442291, 442299, 443111, 443112, 443120, 443130, 444110, 444120,
  802  444130, 444190, 444210, 444220, 445110, 445120, 445210, 445220,
  803  445230, 445291, 445292, 445299, 445310, 446110, 446120, 446130,
  804  446191, 446199, 447110, 447190, 448110, 448120, 448130, 448140,
  805  448150, 448190, 448210, 448310, 448320, 451110, 451120, 451130,
  806  451140, 451211, 451212, 451220, 452111, 452112, 452910, 452990,
  807  453110, 453210, 453220, 453310, 453910, 453920, 453930, 453991,
  808  453998, 454111, 454112, 454113, 454210, 454311, 454312, 454319,
  809  454390, 522298, 722213, and 722330 SIC 52-SIC 57 and SIC 59
  810  (retail), hotels and other lodging places classified in NAICS
  811  National Numbers 721110, 721120, 721191, 721199, 721211, 721214,
  812  and 721310 SIC 70, public golf courses in NAICS National Number
  813  713910 SIC 7992, and amusement parks in NAICS National Number
  814  713110 SIC 7996. For purposes of this paragraph, the term
  815  “predominantly” means that more than 50 percent of the
  816  business’s gross receipts from all sources is generated by those
  817  activities usually provided for consideration by firms in the
  818  specified standard industrial classification. The determination
  819  of whether the business is located in a qualified high-crime
  820  area and the tier ranking of that area must be based on the date
  821  of application for the credit under this section. Commonly owned
  822  and controlled entities are to be considered a single business
  823  entity.
  824         (10)
  825         (b) Applications shall be reviewed and certified pursuant
  826  to s. 288.061. Within 30 working days after receipt of an
  827  application for credit, the Office of Tourism, Trade, and
  828  Economic Development shall review the application to determine
  829  whether it contains all the information required by this
  830  subsection and meets the criteria set out in this section.
  831  Subject to the provisions of paragraph (c), the Office of
  832  Tourism, Trade, and Economic Development shall approve all
  833  applications that contain the information required by this
  834  subsection and meet the criteria set out in this section as
  835  eligible to receive a credit.
  836         Section 6. Paragraph (a) of subsection (1) of section
  837  212.098, Florida Statutes, is amended to read:
  838         212.098 Rural Job Tax Credit Program.—
  839         (1) As used in this section, the term:
  840         (a) “Eligible business” means any sole proprietorship,
  841  firm, partnership, or corporation that is located in a qualified
  842  county and is predominantly engaged in, or is headquarters for a
  843  business predominantly engaged in, activities usually provided
  844  for consideration by firms classified within the following North
  845  American Industry Classification System standard industrial
  846  classifications: NAICS Sector Number 11 and NAICS National
  847  Numbers 541320, 541940, 561730, and 812910 SIC 01-SIC 09
  848  (agriculture, forestry, and fishing, and hunting); NAICS Sector
  849  Numbers 31–33 and NAICS National Numbers 212324, 212325, 212393,
  850  212399, 488390, 511110, 511120, 511130, 511140, 511191, 511199,
  851  512220, 512230, 519130, 541710, and 811490 SIC 20-SIC 39
  852  (manufacturing); NAICS National Numbers 493110, 493120, 493130,
  853  493190, and 531130 SIC 422 (public warehousing and storage);
  854  NAICS National Numbers 721110, 721120, 721191, 721199, 721211,
  855  721214, and 721310 SIC 70 (hotels and other lodging places);
  856  NAICS National Number 541710 SIC 7391 (research and
  857  development); NAICS National Numbers 334612, 512110, 512191,
  858  512199, 532220, 532490, 541214, 541690, 561310, and 711510 SIC
  859  781 (motion picture production and allied services); NAICS
  860  National Number 713910 SIC 7992 (public golf courses); NAICS
  861  National Number 713110 SIC 7996 (amusement parks); and a
  862  targeted industry eligible for the qualified target industry
  863  business tax refund under s. 288.106. A call center or similar
  864  customer service operation that services a multistate market or
  865  an international market is also an eligible business. In
  866  addition, the Office of Tourism, Trade, and Economic Development
  867  may, as part of its final budget request submitted pursuant to
  868  s. 216.023, recommend additions to or deletions from the list of
  869  standard industrial classifications used to determine an
  870  eligible business, and the Legislature may implement such
  871  recommendations. Excluded from eligible receipts are receipts
  872  from retail sales, except such receipts for hotels and other
  873  lodging places classified in NAICS National Numbers 721110,
  874  721120, 721191, 721199, 721211, 721214, and 721310 SIC 70,
  875  public golf courses in NAICS National Number 713910 SIC 7992,
  876  and amusement parks in NAICS National Number 713110 SIC 7996.
  877  For purposes of this paragraph, the term “predominantly” means
  878  that more than 50 percent of the business’s gross receipts from
  879  all sources is generated by those activities usually provided
  880  for consideration by firms in the specified standard industrial
  881  classification. The determination of whether the business is
  882  located in a qualified county and the tier ranking of that
  883  county must be based on the date of application for the credit
  884  under this section. Commonly owned and controlled entities are
  885  to be considered a single business entity.
  886         Section 7. Paragraph (b) of subsection (5) of section
  887  220.15, Florida Statutes, is amended to read:
  888         220.15 Apportionment of adjusted federal income.—
  889         (5) The sales factor is a fraction the numerator of which
  890  is the total sales of the taxpayer in this state during the
  891  taxable year or period and the denominator of which is the total
  892  sales of the taxpayer everywhere during the taxable year or
  893  period.
  894         (b)1. Sales of tangible personal property occur in this
  895  state if the property is delivered or shipped to a purchaser
  896  within this state, regardless of the f.o.b. point, other
  897  conditions of the sale, or ultimate destination of the property,
  898  unless shipment is made via a common or contract carrier.
  899  However, for industries in NAICS National SIC Industry Number
  900  311411 2037, if the ultimate destination of the product is to a
  901  location outside this state, regardless of the method of
  902  shipment or f.o.b. point, the sale shall not be deemed to occur
  903  in this state.
  904         2. When citrus fruit is delivered by a cooperative for a
  905  grower-member, by a grower-member to a cooperative, or by a
  906  grower-participant to a Florida processor, the sales factor for
  907  the growers for such citrus fruit delivered to such processor
  908  shall be the same as the sales factor for the most recent
  909  taxable year of that processor. That sales factor, expressed
  910  only as a percentage and not in terms of the dollar volume of
  911  sales, so as to protect the confidentiality of the sales of the
  912  processor, shall be furnished on the request of such a grower
  913  promptly after it has been determined for that taxable year.
  914         3. Reimbursement of expenses under an agency contract
  915  between a cooperative, a grower-member of a cooperative, or a
  916  grower and a processor is not a sale within this state.
  917         Section 8. Subsection (5) of section 220.191, Florida
  918  Statutes, is amended to read:
  919         220.191 Capital investment tax credit.—
  920         (5) Applications shall be reviewed and certified pursuant
  921  to s. 288.061. The office, upon a recommendation by Enterprise
  922  Florida, Inc., shall first certify a business as eligible to
  923  receive tax credits pursuant to this section prior to the
  924  commencement of operations of a qualifying project, and such
  925  certification shall be transmitted to the Department of Revenue.
  926  Upon receipt of the certification, the Department of Revenue
  927  shall enter into a written agreement with the qualifying
  928  business specifying, at a minimum, the method by which income
  929  generated by or arising out of the qualifying project will be
  930  determined.
  931         Section 9. Section 288.061, Florida Statutes, is created to
  932  read:
  933         288.061Economic development incentive application
  934  process.—
  935         (1)Within 10 business days after receiving a submitted
  936  economic development incentive application, Enterprise Florida,
  937  Inc., shall review the application and inform the applicant
  938  business whether or not its application is complete. Within 10
  939  business days after the application is deemed complete,
  940  Enterprise Florida, Inc., shall evaluate the application and
  941  recommend approval or disapproval of the application to the
  942  director of the Office of Tourism, Trade, and Economic
  943  Development. In recommending an applicant business for approval,
  944  Enterprise Florida, Inc., shall include in its evaluation a
  945  recommended grant award amount and a review of the applicant’s
  946  ability to meet specific program criteria.
  947         (2)Within 10 calendar days after the Office of Tourism,
  948  Trade, and Economic Development receives the evaluation and
  949  recommendation from Enterprise Florida, Inc., the office shall
  950  notify Enterprise Florida, Inc., whether or not the application
  951  is reviewable. Within 22 calendar days after the office receives
  952  the recommendation from Enterprise Florida, Inc., the director
  953  of the office shall review the application and issue a letter of
  954  certification to the applicant that approves or disapproves an
  955  applicant business and includes a justification of that
  956  decision, unless the business requests an extension of that
  957  time. The final order shall specify the total amount of the
  958  award, the performance conditions that must be met to obtain the
  959  award, and the schedule for payment.
  960         Section 10. Subsection (4) of section 288.063, Florida
  961  Statutes, is amended to read:
  962         288.063 Contracts for transportation projects.—
  963         (4) The Office of Tourism, Trade, and Economic Development
  964  may adopt criteria by which transportation projects are to be
  965  reviewed and certified in accordance with s. 288.061 specified
  966  and identified. In approving transportation projects for
  967  funding, the Office of Tourism, Trade, and Economic Development
  968  shall consider factors including, but not limited to, the cost
  969  per job created or retained considering the amount of
  970  transportation funds requested; the average hourly rate of wages
  971  for jobs created; the reliance on the program as an inducement
  972  for the project’s location decision; the amount of capital
  973  investment to be made by the business; the demonstrated local
  974  commitment; the location of the project in an enterprise zone
  975  designated pursuant to s. 290.0055; the location of the project
  976  in a spaceport territory as defined in s. 331.304; the
  977  unemployment rate of the surrounding area; the poverty rate of
  978  the community; and the adoption of an economic element as part
  979  of its local comprehensive plan in accordance with s.
  980  163.3177(7)(j). The Office of Tourism, Trade, and Economic
  981  Development may contact any agency it deems appropriate for
  982  additional input regarding the approval of projects.
  983         Section 11. Subsection (2) of section 288.065, Florida
  984  Statutes, is amended to read:
  985         288.065 Rural Community Development Revolving Loan Fund.—
  986         (2) The program shall provide for long-term loans, loan
  987  guarantees, and loan loss reserves to units of local
  988  governments, or economic development organizations substantially
  989  underwritten by a unit of local government, within counties with
  990  populations of 75,000 or fewer less, or within any county with
  991  that has a population of 125,000 100,000 or fewer which less and
  992  is contiguous to a county with a population of 75,000 or fewer
  993  less, based on as determined by the most recent official
  994  population estimate as determined under pursuant to s. 186.901,
  995  including those residing in incorporated areas and those
  996  residing in unincorporated areas of the county, or to units of
  997  local government, or economic development organizations
  998  substantially underwritten by a unit of local government, within
  999  a rural area of critical economic concern. Requests for loans
 1000  shall be made by application to the Office of Tourism, Trade,
 1001  and Economic Development. Loans shall be made pursuant to
 1002  agreements specifying the terms and conditions agreed to between
 1003  the applicant and the Office of Tourism, Trade, and Economic
 1004  Development. The loans shall be the legal obligations of the
 1005  applicant. All repayments of principal and interest shall be
 1006  returned to the loan fund and made available for loans to other
 1007  applicants. However, in a rural area of critical economic
 1008  concern designated by the Governor, and upon approval by the
 1009  Office of Tourism, Trade, and Economic Development, repayments
 1010  of principal and interest may be retained by the applicant if
 1011  such repayments are dedicated and matched to fund regionally
 1012  based economic development organizations representing the rural
 1013  area of critical economic concern.
 1014         Section 12. Paragraphs (b) and (e) of subsection (2) and
 1015  subsection (3) of section 288.0655, Florida Statutes, are
 1016  amended to read:
 1017         288.0655 Rural Infrastructure Fund.—
 1018         (2)
 1019         (b) To facilitate access of rural communities and rural
 1020  areas of critical economic concern as defined by the Rural
 1021  Economic Development Initiative to infrastructure funding
 1022  programs of the Federal Government, such as those offered by the
 1023  United States Department of Agriculture and the United States
 1024  Department of Commerce, and state programs, including those
 1025  offered by Rural Economic Development Initiative agencies, and
 1026  to facilitate local government or private infrastructure funding
 1027  efforts, the office may award grants for up to 30 percent of the
 1028  total infrastructure project cost. If an application for funding
 1029  is for a catalyst site, as defined in s. 288.0656, the office
 1030  may award grants for up to 40 percent of the total
 1031  infrastructure project cost. Eligible projects must be related
 1032  to specific job-creation or job-retention opportunities.
 1033  Eligible projects may also include improving any inadequate
 1034  infrastructure that has resulted in regulatory action that
 1035  prohibits economic or community growth or reducing the costs to
 1036  community users of proposed infrastructure improvements that
 1037  exceed such costs in comparable communities. Eligible uses of
 1038  funds shall include improvements to public infrastructure for
 1039  industrial or commercial sites and upgrades to or development of
 1040  public tourism infrastructure. Authorized infrastructure may
 1041  include the following public or public-private partnership
 1042  facilities: storm water systems; telecommunications facilities;
 1043  broadband facilities; roads or other remedies to transportation
 1044  impediments; nature-based tourism facilities; or other physical
 1045  requirements necessary to facilitate tourism, trade, and
 1046  economic development activities in the community. Authorized
 1047  infrastructure may also include publicly or privately owned
 1048  self-powered nature-based tourism facilities,publicly owned
 1049  telecommunications facilities, and broadband facilities, and
 1050  additions to the distribution facilities of the existing natural
 1051  gas utility as defined in s. 366.04(3)(c), the existing electric
 1052  utility as defined in s. 366.02, or the existing water or
 1053  wastewater utility as defined in s. 367.021(12), or any other
 1054  existing water or wastewater facility, which owns a gas or
 1055  electric distribution system or a water or wastewater system in
 1056  this state where:
 1057         1. A contribution-in-aid of construction is required to
 1058  serve public or public-private partnership facilities under the
 1059  tariffs of any natural gas, electric, water, or wastewater
 1060  utility as defined herein; and
 1061         2. Such utilities as defined herein are willing and able to
 1062  provide such service.
 1063         (e) To enable local governments to access the resources
 1064  available pursuant to s. 403.973(18), the office may award
 1065  grants for surveys, feasibility studies, and other activities
 1066  related to the identification and preclearance review of land
 1067  which is suitable for preclearance review. Authorized grants
 1068  under this paragraph shall not exceed $75,000 each, except in
 1069  the case of a project in a rural area of critical economic
 1070  concern, in which case the grant shall not exceed $300,000. Any
 1071  funds awarded under this paragraph must be matched at a level of
 1072  50 percent with local funds, except that any funds awarded for a
 1073  project in a rural area of critical economic concern must be
 1074  matched at a level of 33 percent with local funds. If an
 1075  application for funding is for a catalyst site, as defined in s.
 1076  288.0656, the requirement for local match may be waived pursuant
 1077  to the process in s. 288.06561. In evaluating applications under
 1078  this paragraph, the office shall consider the extent to which
 1079  the application seeks to minimize administrative and consultant
 1080  expenses.
 1081         (3) The office, in consultation with Enterprise Florida,
 1082  Inc., VISIT Florida, the Department of Environmental Protection,
 1083  and the Florida Fish and Wildlife Conservation Commission, as
 1084  appropriate, shall review and certify applications pursuant to
 1085  s. 288.061. The review shall include an evaluation of and
 1086  evaluate the economic benefit of the projects and their long
 1087  term viability. The office shall have final approval for any
 1088  grant under this section and must make a grant decision within
 1089  30 days of receiving a completed application.
 1090         Section 13. Section 288.0656, Florida Statutes, is amended
 1091  to read:
 1092         288.0656 Rural Economic Development Initiative.—
 1093         (1)(a)Recognizing that rural communities and regions
 1094  continue to face extraordinary challenges in their efforts to
 1095  significantly improve their economies, specifically in terms of
 1096  personal income, job creation, average wages, and strong tax
 1097  bases, it is the intent of the Legislature to encourage and
 1098  facilitate the location and expansion of major economic
 1099  development projects of significant scale in such rural
 1100  communities.
 1101         (b) The Rural Economic Development Initiative, known as
 1102  “REDI,” is created within the Office of Tourism, Trade, and
 1103  Economic Development, and the participation of state and
 1104  regional agencies in this initiative is authorized.
 1105         (2) As used in this section, the term:
 1106         (a)“Catalyst project” means a business locating or
 1107  expanding in a rural area of critical economic concern to serve
 1108  as an economic generator of regional significance for the growth
 1109  of a regional target industry cluster. The project must provide
 1110  capital investment on a scale significant enough to affect the
 1111  entire region and result in the development of high-wage and
 1112  high-skill jobs.
 1113         (b)“Catalyst site” means a parcel or parcels of land
 1114  within a rural area of critical economic concern that has been
 1115  prioritized as a geographic site for economic development
 1116  through partnerships with state, regional, and local
 1117  organizations. The site must be reviewed by REDI and approved by
 1118  the Office of Tourism, Trade, and Economic Development for the
 1119  purposes of locating a catalyst project.
 1120         (c)(a) “Economic distress” means conditions affecting the
 1121  fiscal and economic viability of a rural community, including
 1122  such factors as low per capita income, low per capita taxable
 1123  values, high unemployment, high underemployment, low weekly
 1124  earned wages compared to the state average, low housing values
 1125  compared to the state average, high percentages of the
 1126  population receiving public assistance, high poverty levels
 1127  compared to the state average, and a lack of year-round stable
 1128  employment opportunities.
 1129         (d)“Rural area of critical economic concern” means a rural
 1130  community, or a region composed of rural communities, designated
 1131  by the Governor, that has been adversely affected by an
 1132  extraordinary economic event, severe or chronic distress, or a
 1133  natural disaster or that presents a unique economic development
 1134  opportunity of regional impact.
 1135         (e)(b) “Rural community” means:
 1136         1. A county with a population of 75,000 or less.
 1137         2. A county with a population of 125,000 100,000 or less
 1138  that is contiguous to a county with a population of 75,000 or
 1139  less.
 1140         3. A municipality within a county described in subparagraph
 1141  1. or subparagraph 2.
 1142         4. An unincorporated federal enterprise community or an
 1143  incorporated rural city with a population of 25,000 or less and
 1144  an employment base focused on traditional agricultural or
 1145  resource-based industries, located in a county not defined as
 1146  rural, which has at least three or more of the economic distress
 1147  factors identified in paragraph (c) (a) and verified by the
 1148  Office of Tourism, Trade, and Economic Development.
 1149  
 1150  For purposes of this paragraph, population shall be determined
 1151  in accordance with the most recent official estimate pursuant to
 1152  s. 186.901.
 1153         (3) REDI shall be responsible for coordinating and focusing
 1154  the efforts and resources of state and regional agencies on the
 1155  problems which affect the fiscal, economic, and community
 1156  viability of Florida’s economically distressed rural
 1157  communities, working with local governments, community-based
 1158  organizations, and private organizations that have an interest
 1159  in the growth and development of these communities to find ways
 1160  to balance environmental and growth management issues with local
 1161  needs.
 1162         (4) REDI shall review and evaluate the impact of statutes
 1163  and rules on rural communities and shall work to minimize any
 1164  adverse impact and undertake outreach and capacity building
 1165  efforts.
 1166         (5) REDI shall facilitate better access to state resources
 1167  by promoting direct access and referrals to appropriate state
 1168  and regional agencies and statewide organizations. REDI may
 1169  undertake outreach, capacity-building, and other advocacy
 1170  efforts to improve conditions in rural communities. These
 1171  activities may include sponsorship of conferences and
 1172  achievement awards.
 1173         (6)(a) By August 1 of each year, the head of each of the
 1174  following agencies and organizations shall designate a high
 1175  level staff person from within the agency or organization to
 1176  serve as the REDI representative for the agency or organization:
 1177         1. The Department of Community Affairs.
 1178         2. The Department of Transportation.
 1179         3. The Department of Environmental Protection.
 1180         4. The Department of Agriculture and Consumer Services.
 1181         5. The Department of State.
 1182         6. The Department of Health.
 1183         7. The Department of Children and Family Services.
 1184         8. The Department of Corrections.
 1185         9. The Agency for Workforce Innovation.
 1186         10. The Department of Education.
 1187         11. The Department of Juvenile Justice.
 1188         12. The Fish and Wildlife Conservation Commission.
 1189         13. Each water management district.
 1190         14. Enterprise Florida, Inc.
 1191         15. Workforce Florida, Inc.
 1192         16. The Florida Commission on Tourism or VISIT Florida.
 1193         17. The Florida Regional Planning Council Association.
 1194         18. The Agency for Health Care Administration Florida State
 1195  Rural Development Council.
 1196         19. The Institute of Food and Agricultural Sciences (IFAS).
 1197  
 1198  An alternate for each designee shall also be chosen, and the
 1199  names of the designees and alternates shall be sent to the
 1200  director of the Office of Tourism, Trade, and Economic
 1201  Development.
 1202         (b) Each REDI representative must have comprehensive
 1203  knowledge of his or her agency’s functions, both regulatory and
 1204  service in nature, and of the state’s economic goals, policies,
 1205  and programs. This person shall be the primary point of contact
 1206  for his or her agency with REDI on issues and projects relating
 1207  to economically distressed rural communities and with regard to
 1208  expediting project review, shall ensure a prompt effective
 1209  response to problems arising with regard to rural issues, and
 1210  shall work closely with the other REDI representatives in the
 1211  identification of opportunities for preferential awards of
 1212  program funds and allowances and waiver of program requirements
 1213  when necessary to encourage and facilitate long-term private
 1214  capital investment and job creation.
 1215         (c) The REDI representatives shall work with REDI in the
 1216  review and evaluation of statutes and rules for adverse impact
 1217  on rural communities and the development of alternative
 1218  proposals to mitigate that impact.
 1219         (d) Each REDI representative shall be responsible for
 1220  ensuring that each district office or facility of his or her
 1221  agency is informed about the Rural Economic Development
 1222  Initiative and for providing assistance throughout the agency in
 1223  the implementation of REDI activities.
 1224         (7)(a) REDI may recommend to the Governor up to three rural
 1225  areas of critical economic concern. A rural area of critical
 1226  economic concern must be a rural community, or a region composed
 1227  of such, that has been adversely affected by an extraordinary
 1228  economic event or a natural disaster or that presents a unique
 1229  economic development opportunity of regional impact that will
 1230  create more than 1,000 jobs over a 5-year period. The Governor
 1231  may by executive order designate up to three rural areas of
 1232  critical economic concern which will establish these areas as
 1233  priority assignments for REDI as well as to allow the Governor,
 1234  acting through REDI, to waive criteria, requirements, or similar
 1235  provisions of any economic development incentive. Such
 1236  incentives shall include, but not be limited to: the Qualified
 1237  Target Industry Tax Refund Program under s. 288.106, the Quick
 1238  Response Training Program under s. 288.047, the Quick Response
 1239  Training Program for participants in the welfare transition
 1240  program under s. 288.047(8), transportation projects under s.
 1241  288.063, the brownfield redevelopment bonus refund under s.
 1242  288.107, and the rural job tax credit program under ss. 212.098
 1243  and 220.1895.
 1244         (b) Designation as a rural area of critical economic
 1245  concern under this subsection shall be contingent upon the
 1246  execution of a memorandum of agreement among the Office of
 1247  Tourism, Trade, and Economic Development; the governing body of
 1248  the county; and the governing bodies of any municipalities to be
 1249  included within a rural area of critical economic concern. Such
 1250  agreement shall specify the terms and conditions of the
 1251  designation, including, but not limited to, the duties and
 1252  responsibilities of the county and any participating
 1253  municipalities to take actions designed to facilitate the
 1254  retention and expansion of existing businesses in the area, as
 1255  well as the recruitment of new businesses to the area.
 1256         (c)Each rural area of critical economic concern may
 1257  designate catalyst projects, provided that each catalyst project
 1258  is specifically recommended by REDI, identified as a catalyst
 1259  project by Enterprise Florida, Inc., and confirmed as a catalyst
 1260  project by the Office of Tourism, Trade, and Economic
 1261  Development. All state agencies and departments shall use all
 1262  available tools and resources to the extent permissible by law
 1263  to promote the creation and development of each catalyst project
 1264  and the development of catalyst sites.
 1265         (8)REDI shall assist local governments within rural areas
 1266  of critical economic concern with comprehensive planning needs
 1267  that further the provisions of this section. Such assistance
 1268  shall reflect a multidisciplinary approach among all agencies
 1269  and include economic development and planning objectives.
 1270         (a)A local government may request assistance in the
 1271  preparation of comprehensive plan amendments, pursuant to part
 1272  II of chapter 163, which will stimulate economic activity.
 1273         1.The local government must contact the Office of Tourism,
 1274  Trade, and Economic Development to request assistance.
 1275         2.REDI representatives shall meet with the local
 1276  government within 15 days after such request to develop the
 1277  scope of assistance that will be provided for the development,
 1278  transmittal, and adoption of the proposed comprehensive plan
 1279  amendment.
 1280         3.As part of the assistance provided, REDI representatives
 1281  shall also identify other needed local and developer actions for
 1282  approval of the project and recommend a timeline for the local
 1283  government and developer that will minimize project delays.
 1284         (b)In addition, each year REDI shall solicit requests for
 1285  assistance from local governments within a rural area of
 1286  critical economic concern to update the future land use element
 1287  and other associated elements of the local government’s
 1288  comprehensive plan to better position the community to respond
 1289  to economic development potential within the county or
 1290  municipality. REDI shall provide direct assistance to such local
 1291  governments to update their comprehensive plans pursuant to this
 1292  paragraph. At least one comprehensive planning technical
 1293  assistance effort shall be selected each year.
 1294         (c)REDI shall develop and annually update a technical
 1295  assistance manual based upon experiences learned in providing
 1296  direct assistance under this subsection.
 1297         (9)(8) REDI shall submit a report to the Governor, the
 1298  President of the Senate, and the Speaker of the House of
 1299  Representatives each year on or before September February 1 on
 1300  all REDI activities for the prior fiscal year. This report shall
 1301  include a status report on all projects currently being
 1302  coordinated through REDI, the number of preferential awards and
 1303  allowances made pursuant to this section, the dollar amount of
 1304  such awards, and the names of the recipients. The report shall
 1305  also include a description of all waivers of program
 1306  requirements granted. The report shall also include information
 1307  as to the economic impact of the projects coordinated by REDI.
 1308         Section 14. Section 288.06561, Florida Statutes, is amended
 1309  to read:
 1310         288.06561 Reduction or waiver of financial match
 1311  requirements.—Notwithstanding any other law, the member agencies
 1312  and organizations of the Rural Economic Development Initiative
 1313  (REDI), as defined in s. 288.0656(6)(a), shall review the
 1314  financial match requirements for projects in rural areas as
 1315  defined in s. 288.0656(2)(b).
 1316         (1) Each agency and organization shall develop a proposal
 1317  to waive or reduce the match requirement for rural areas.
 1318         (2) Agencies and organizations shall ensure that all
 1319  proposals are submitted to the Office of Tourism, Trade, and
 1320  Economic Development for review by the REDI agencies.
 1321         (3) These proposals shall be delivered to the Office of
 1322  Tourism, Trade, and Economic Development for distribution to the
 1323  REDI agencies and organizations. A meeting of REDI agencies and
 1324  organizations must be called within 30 days after receipt of
 1325  such proposals for REDI comment and recommendations on each
 1326  proposal.
 1327         (4) Waivers and reductions must be requested by the county
 1328  or community, and such county or community must have three or
 1329  more of the factors identified in s. 288.0656(2)(c)(a).
 1330         (5) Any other funds available to the project may be used
 1331  for financial match of federal programs when there is fiscal
 1332  hardship, and the match requirements may not be waived or
 1333  reduced.
 1334         (6) When match requirements are not reduced or eliminated,
 1335  donations of land, though usually not recognized as an in-kind
 1336  match, may be permitted.
 1337         (7) To the fullest extent possible, agencies and
 1338  organizations shall expedite the rule adoption and amendment
 1339  process if necessary to incorporate the reduction in match by
 1340  rural areas in fiscal distress.
 1341         (8) REDI shall include in its annual report an evaluation
 1342  on the status of changes to rules, number of awards made with
 1343  waivers, and recommendations for future changes.
 1344         Section 15. Subsection (1) of section 288.0657, Florida
 1345  Statutes, is amended to read:
 1346         288.0657 Florida rural economic development strategy
 1347  grants.—
 1348         (1) As used in this section, the term “rural community”
 1349  means:
 1350         (a) A county with a population of 75,000 or fewer less.
 1351         (b) A county with a population of 125,000 100,000 or fewer
 1352  which less that is contiguous to a county with a population of
 1353  75,000 or fewer less.
 1354         (c) A municipality within a county described in paragraph
 1355  (a) or paragraph (b).
 1356  
 1357  For purposes of this subsection, population shall be determined
 1358  in accordance with the most recent official estimate pursuant to
 1359  s. 186.901.
 1360         Section 16. Paragraph (c) of subsection (2), paragraphs
 1361  (a), (e), (f), (g), (h), (i), (j), and (k) of subsection (3),
 1362  and paragraph (c) of subsection (5) of section 288.1045, Florida
 1363  Statutes, are amended to read:
 1364         288.1045 Qualified defense contractor and space flight
 1365  business tax refund program.—
 1366         (2) GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.—
 1367         (c) A qualified applicant may not receive more than $5 $7.5
 1368  million in tax refunds pursuant to this section in all fiscal
 1369  years.
 1370         (3) APPLICATION PROCESS; REQUIREMENTS; AGENCY
 1371  DETERMINATION.—
 1372         (a) To apply for certification as a qualified applicant
 1373  pursuant to this section, an applicant must file an application
 1374  with the office which satisfies the requirements of paragraphs
 1375  (b) and (e), paragraphs (c) and (e), paragraphs (d) and (e), or
 1376  paragraphs (e) and (j) (k). An applicant may not apply for
 1377  certification pursuant to this section after a proposal has been
 1378  submitted for a new Department of Defense contract, after the
 1379  applicant has made the decision to consolidate an existing
 1380  Department of Defense contract in this state for which such
 1381  applicant is seeking certification, after a proposal has been
 1382  submitted for a new space flight business contract in this
 1383  state, after the applicant has made the decision to consolidate
 1384  an existing space flight business contract in this state for
 1385  which such applicant is seeking certification, or after the
 1386  applicant has made the decision to convert defense production
 1387  jobs to nondefense production jobs for which such applicant is
 1388  seeking certification.
 1389         (e) To qualify for review by the office, the application of
 1390  an applicant must, at a minimum, establish the following to the
 1391  satisfaction of the office:
 1392         1. The jobs proposed to be provided under the application,
 1393  pursuant to subparagraph (b)6., subparagraph (c)6., or
 1394  subparagraph (j)(k)6., must pay an estimated annual average wage
 1395  equaling at least 115 percent of the average wage in the area
 1396  where the project is to be located.
 1397         2. The consolidation of a Department of Defense contract
 1398  must result in a net increase of at least 25 percent in the
 1399  number of jobs at the applicant’s facilities in this state or
 1400  the addition of at least 80 jobs at the applicant’s facilities
 1401  in this state.
 1402         3. The conversion of defense production jobs to nondefense
 1403  production jobs must result in net increases in nondefense
 1404  employment at the applicant’s facilities in this state.
 1405         4. The Department of Defense contract or the space flight
 1406  business contract cannot allow the business to include the costs
 1407  of relocation or retooling in its base as allowable costs under
 1408  a cost-plus, or similar, contract.
 1409         5. A business unit of the applicant must have derived not
 1410  less than 60 percent of its gross receipts in this state from
 1411  Department of Defense contracts or space flight business
 1412  contracts over the applicant’s last fiscal year, and must have
 1413  derived not less than an average of 60 percent of its gross
 1414  receipts in this state from Department of Defense contracts or
 1415  space flight business contracts over the 5 years preceding the
 1416  date an application is submitted pursuant to this section. This
 1417  subparagraph does not apply to any application for certification
 1418  based on a contract for reuse of a defense-related facility.
 1419         6. The reuse of a defense-related facility must result in
 1420  the creation of at least 100 jobs at such facility.
 1421         7. A new space flight business contract or the
 1422  consolidation of a space flight business contract must result in
 1423  net increases in space flight business employment at the
 1424  applicant’s facilities in this state.
 1425         (f) Each application meeting the requirements of paragraphs
 1426  (b) and (e), paragraphs (c) and (e), paragraphs (d) and (e), or
 1427  paragraphs (e) and (j) (k) must be submitted to the office for a
 1428  determination of eligibility. The office shall review and
 1429  evaluate each application based on, but not limited to, the
 1430  following criteria:
 1431         1. Expected contributions to the state strategic economic
 1432  development plan adopted by Enterprise Florida, Inc., taking
 1433  into account the extent to which the project contributes to the
 1434  state’s high-technology base, and the long-term impact of the
 1435  project and the applicant on the state’s economy.
 1436         2. The economic benefit of the jobs created or retained by
 1437  the project in this state, taking into account the cost and
 1438  average wage of each job created or retained, and the potential
 1439  risk to existing jobs.
 1440         3. The amount of capital investment to be made by the
 1441  applicant in this state.
 1442         4. The local commitment and support for the project and
 1443  applicant.
 1444         5. The impact of the project on the local community, taking
 1445  into account the unemployment rate for the county where the
 1446  project will be located.
 1447         6. The dependence of the local community on the defense
 1448  industry or space flight business.
 1449         7. The impact of any tax refunds granted pursuant to this
 1450  section on the viability of the project and the probability that
 1451  the project will occur in this state if such tax refunds are
 1452  granted to the applicant, taking into account the expected long
 1453  term commitment of the applicant to economic growth and
 1454  employment in this state.
 1455         8. The length of the project, or the expected long-term
 1456  commitment to this state resulting from the project.
 1457         (g) Applications shall be reviewed and certified pursuant
 1458  to s. 288.061. The office shall forward its written findings and
 1459  evaluation on each application meeting the requirements of
 1460  paragraphs (b) and (e), paragraphs (c) and (e), paragraphs (d)
 1461  and (e), or paragraphs (e) and (k) to the director within 60
 1462  calendar days after receipt of a complete application. The
 1463  office shall notify each applicant when its application is
 1464  complete, and when the 60-day period begins. In its written
 1465  report to the director, the office shall specifically address
 1466  each of the factors specified in paragraph (f), and shall make a
 1467  specific assessment with respect to the minimum requirements
 1468  established in paragraph (e). The office shall include in its
 1469  report projections of the tax refunds the applicant would be
 1470  eligible to receive in each fiscal year based on the creation
 1471  and maintenance of the net new Florida jobs specified in
 1472  subparagraph (b)6., subparagraph (c)6., subparagraph (d)7., or
 1473  subparagraph (k)6. as of December 31 of the preceding state
 1474  fiscal year.
 1475         (h)Within 30 days after receipt of the office’s findings
 1476  and evaluation, the director shall issue a letter of
 1477  certification which either approves or disapproves an
 1478  application. The decision must be in writing and provide the
 1479  justifications for either approval or disapproval. If
 1480  appropriate, the director shall enter into a written agreement
 1481  with the qualified applicant pursuant to subsection (4).
 1482         (h)(i) The director may not certify any applicant as a
 1483  qualified applicant when the value of tax refunds to be included
 1484  in that letter of certification exceeds the available amount of
 1485  authority to certify new businesses as determined in s.
 1486  288.095(3). A letter of certification that approves an
 1487  application must specify the maximum amount of a tax refund that
 1488  is to be available to the contractor for each fiscal year and
 1489  the total amount of tax refunds for all fiscal years.
 1490         (i)(j) This section does not create a presumption that an
 1491  applicant should receive any tax refunds under this section.
 1492         (j)(k) Applications for certification based upon a new
 1493  space flight business contract or the consolidation of a space
 1494  flight business contract must be submitted to the office as
 1495  prescribed by the office and must include, but are not limited
 1496  to, the following information:
 1497         1. The applicant’s federal employer identification number,
 1498  the applicant’s Florida sales tax registration number, and a
 1499  signature of an officer of the applicant.
 1500         2. The permanent location of the space flight business
 1501  facility in this state where the project is or will be located.
 1502         3. The new space flight business contract number, the space
 1503  flight business contract numbers of the contract to be
 1504  consolidated, or the request-for-proposal number of a proposed
 1505  space flight business contract.
 1506         4. The date the contract was executed and the date the
 1507  contract is due to expire, is expected to expire, or was
 1508  canceled.
 1509         5. The commencement date for project operations under the
 1510  contract in this state.
 1511         6. The number of net new full-time equivalent Florida jobs
 1512  included in the project as of December 31 of each year and the
 1513  average wage of such jobs.
 1514         7. The total number of full-time equivalent employees
 1515  employed by the applicant in this state.
 1516         8. The percentage of the applicant’s gross receipts derived
 1517  from space flight business contracts during the 5 taxable years
 1518  immediately preceding the date the application is submitted.
 1519         9. The number of full-time equivalent jobs in this state to
 1520  be retained by the project.
 1521         10. A brief statement concerning the applicant’s need for
 1522  tax refunds and the proposed uses of such refunds by the
 1523  applicant.
 1524         11. A resolution adopted by the governing board of the
 1525  county or municipality in which the project will be located
 1526  which recommends the applicant be approved as a qualified
 1527  applicant and indicates that the necessary commitments of local
 1528  financial support for the applicant exist. Prior to the adoption
 1529  of the resolution, the county commission may review the proposed
 1530  public or private sources of such support and determine whether
 1531  the proposed sources of local financial support can be provided
 1532  or, for any applicant whose project is located in a county
 1533  designated by the Rural Economic Development Initiative, a
 1534  resolution adopted by the county commissioners of such county
 1535  requesting that the applicant’s project be exempt from the local
 1536  financial support requirement.
 1537         12. Any additional information requested by the office.
 1538         (5) ANNUAL CLAIM FOR REFUND.—
 1539         (c) A tax refund may not be approved for any qualified
 1540  applicant unless local financial support has been paid to the
 1541  Economic Development Trust Fund for that refund. If the local
 1542  financial support is less than 20 percent of the approved tax
 1543  refund, the tax refund shall be reduced. The tax refund paid may
 1544  not exceed 5 times the local financial support received. Funding
 1545  from local sources includes tax abatement under s. 196.1995 or
 1546  the appraised market value of municipal or county land,
 1547  including any improvements or structures, conveyed or provided
 1548  at a discount through a sale or lease to that applicant. The
 1549  amount of any tax refund for an applicant approved under this
 1550  section shall be reduced by the amount of any such tax abatement
 1551  granted or the value of the land granted, including the value of
 1552  any improvements or structures; and the limitations in
 1553  subsection (2) and paragraph (3)(h) shall be reduced by the
 1554  amount of any such tax abatement or the value of the land
 1555  granted, including any improvements or structures. A report
 1556  listing all sources of the local financial support shall be
 1557  provided to the office when such support is paid to the Economic
 1558  Development Trust Fund.
 1559         Section 17. Paragraphs (k) and (t) of subsection (1),
 1560  subsection (3), paragraph (b) of subsection (4), paragraph (c)
 1561  of subsection (5), and subsection (8) of section 288.106,
 1562  Florida Statutes, are amended to read:
 1563         288.106 Tax refund program for qualified target industry
 1564  businesses.—
 1565         (1) DEFINITIONS.—As used in this section:
 1566         (k) “Local financial support exemption option” means the
 1567  option to exercise an exemption from the local financial support
 1568  requirement available to any applicant whose project is located
 1569  in a brownfield area or a county with a population of 75,000 or
 1570  fewer or a county with a population of 125,000 100,000 or fewer
 1571  which is contiguous to a county with a population of 75,000 or
 1572  fewer. Any applicant that exercises this option shall not be
 1573  eligible for more than 80 percent of the total tax refunds
 1574  allowed such applicant under this section.
 1575         (t) “Rural community” means:
 1576         1. A county with a population of 75,000 or fewer less.
 1577         2. A county with a population of 125,000 100,000 or fewer
 1578  which less that is contiguous to a county with a population of
 1579  75,000 or fewer less.
 1580         3. A municipality within a county described in subparagraph
 1581  1. or subparagraph 2.
 1582  
 1583  For purposes of this paragraph, population shall be determined
 1584  in accordance with the most recent official estimate pursuant to
 1585  s. 186.901.
 1586         (3) APPLICATION AND APPROVAL PROCESS.—
 1587         (a) To apply for certification as a qualified target
 1588  industry business under this section, the business must file an
 1589  application with the office before the business has made the
 1590  decision to locate a new business in this state or before the
 1591  business had made the decision to expand an existing business in
 1592  this state. The application shall include, but is not limited
 1593  to, the following information:
 1594         1. The applicant’s federal employer identification number
 1595  and the applicant’s state sales tax registration number.
 1596         2. The permanent location of the applicant’s facility in
 1597  this state at which the project is or is to be located.
 1598         3. A description of the type of business activity or
 1599  product covered by the project, including a minimum of a five
 1600  digit NAICS code four-digit SIC codes for all activities
 1601  included in the project.
 1602         4. The number of net new full-time equivalent Florida jobs
 1603  at the qualified target industry business as of December 31 of
 1604  each year included in the project and the average wage of those
 1605  jobs. If more than one type of business activity or product is
 1606  included in the project, the number of jobs and average wage for
 1607  those jobs must be separately stated for each type of business
 1608  activity or product.
 1609         5. The total number of full-time equivalent employees
 1610  employed by the applicant in this state.
 1611         6. The anticipated commencement date of the project.
 1612         7. A brief statement concerning the role that the tax
 1613  refunds requested will play in the decision of the applicant to
 1614  locate or expand in this state.
 1615         8. An estimate of the proportion of the sales resulting
 1616  from the project that will be made outside this state.
 1617         9. A resolution adopted by the governing board of the
 1618  county or municipality in which the project will be located,
 1619  which resolution recommends that certain types of businesses be
 1620  approved as a qualified target industry business and states that
 1621  the commitments of local financial support necessary for the
 1622  target industry business exist. In advance of the passage of
 1623  such resolution, the office may also accept an official letter
 1624  from an authorized local economic development agency that
 1625  endorses the proposed target industry project and pledges that
 1626  sources of local financial support for such project exist. For
 1627  the purposes of making pledges of local financial support under
 1628  this subsection, the authorized local economic development
 1629  agency shall be officially designated by the passage of a one
 1630  time resolution by the local governing authority.
 1631         10. Any additional information requested by the office.
 1632         (b) To qualify for review by the office, the application of
 1633  a target industry business must, at a minimum, establish the
 1634  following to the satisfaction of the office:
 1635         1. The jobs proposed to be provided under the application,
 1636  pursuant to subparagraph (a)4., must pay an estimated annual
 1637  average wage equaling at least 115 percent of the average
 1638  private sector wage in the area where the business is to be
 1639  located or the statewide private sector average wage. In
 1640  determining the average annual wage, the office shall include
 1641  only new proposed jobs, and wages for existing jobs shall be
 1642  excluded from this calculation. The office may waive the this
 1643  average wage requirement at the request of the local governing
 1644  body recommending the project and Enterprise Florida, Inc. The
 1645  wage requirement may only be waived for a project located in a
 1646  brownfield area designated under s. 376.80 or in a rural city or
 1647  county or in an enterprise zone and only when the merits of the
 1648  individual project or the specific circumstances in the
 1649  community in relationship to the project warrant such action. If
 1650  the local governing body and Enterprise Florida, Inc., make such
 1651  a recommendation, it must be transmitted in writing and the
 1652  specific justification for the waiver recommendation must be
 1653  explained. If the director elects to waive the wage requirement,
 1654  the waiver must be stated in writing and the reasons for
 1655  granting the waiver must be explained.
 1656         2. The target industry business’s project must result in
 1657  the creation of at least 10 jobs at such project and, if an
 1658  expansion of an existing business, must result in a net increase
 1659  in employment of at least not less than 10 percent at the such
 1660  business. Notwithstanding the definition of the term “expansion
 1661  of an existing business” in paragraph (1)(g), at the request of
 1662  the local governing body recommending the project and Enterprise
 1663  Florida, Inc., the office may define an “expansion of an
 1664  existing business” in a rural community or an enterprise zone as
 1665  the expansion of a business resulting in a net increase in
 1666  employment of less than 10 percent at such business if the
 1667  merits of the individual project or the specific circumstances
 1668  in the community in relationship to the project warrant such
 1669  action. If the local governing body and Enterprise Florida,
 1670  Inc., make such a request, the request it must be transmitted in
 1671  writing and the specific justification for the request must be
 1672  explained. If the director elects to grant the such request, the
 1673  grant such election must be stated in writing and the reason for
 1674  granting the request must be explained.
 1675         3. The business activity or product for the applicant’s
 1676  project is within an industry or industries that have been
 1677  identified by the office to be high-value-added industries that
 1678  contribute to the area and to the economic growth of the state
 1679  and that produce a higher standard of living for residents
 1680  citizens of this state in the new global economy or that can be
 1681  shown to make an equivalent contribution to the area and state’s
 1682  economic progress. The director must approve requests to waive
 1683  the wage requirement for brownfield areas designated under s.
 1684  376.80 unless it is demonstrated that such action is not in the
 1685  public interest.
 1686         (c) Each application meeting the requirements of paragraph
 1687  (b) must be submitted to the office for determination of
 1688  eligibility. The office shall review and evaluate each
 1689  application based on, but not limited to, the following
 1690  criteria:
 1691         1. Expected contributions to the state strategic economic
 1692  development plan adopted by Enterprise Florida, Inc., taking
 1693  into account the long-term effects of the project and of the
 1694  applicant on the state economy.
 1695         2. The economic benefit of the jobs created by the project
 1696  in this state, taking into account the cost and average wage of
 1697  each job created.
 1698         3. The amount of capital investment to be made by the
 1699  applicant in this state.
 1700         4. The local commitment and support for the project.
 1701         5. The effect of the project on the local community, taking
 1702  into account the unemployment rate for the county where the
 1703  project will be located.
 1704         6. The effect of any tax refunds granted pursuant to this
 1705  section on the viability of the project and the probability that
 1706  the project will be undertaken in this state if such tax refunds
 1707  are granted to the applicant, taking into account the expected
 1708  long-term commitment of the applicant to economic growth and
 1709  employment in this state.
 1710         7. The expected long-term commitment to this state
 1711  resulting from the project.
 1712         8. A review of the business’s past activities in this state
 1713  or other states, including whether such business has been
 1714  subjected to criminal or civil fines and penalties. Nothing in
 1715  This subparagraph does not shall require the disclosure of
 1716  confidential information.
 1717         (d) Applications shall be reviewed and certified pursuant
 1718  to s. 288.061. The office shall forward its written findings and
 1719  evaluation concerning each application meeting the requirements
 1720  of paragraph (b) to the director within 45 calendar days after
 1721  receipt of a complete application. The office shall notify each
 1722  target industry business when its application is complete, and
 1723  of the time when the 45-day period begins. In its written report
 1724  to the director, the office shall specifically address each of
 1725  the factors specified in paragraph (c) and shall make a specific
 1726  assessment with respect to the minimum requirements established
 1727  in paragraph (b). The office shall include in its review report
 1728  projections of the tax refunds the business would be eligible to
 1729  receive in each fiscal year based on the creation and
 1730  maintenance of the net new Florida jobs specified in
 1731  subparagraph (a)4. as of December 31 of the preceding state
 1732  fiscal year.
 1733         (e)1.Within 30 days after receipt of the office’s findings
 1734  and evaluation, the director shall issue a letter of
 1735  certification that either approves or disapproves the
 1736  application of the target industry business. The decision must
 1737  be in writing and must provide the justifications for approval
 1738  or disapproval.
 1739         2. If appropriate, the director shall enter into a written
 1740  agreement with the qualified target industry business pursuant
 1741  to subsection (4).
 1742         (e)(f) The director may not certify any target industry
 1743  business as a qualified target industry business if the value of
 1744  tax refunds to be included in that letter of certification
 1745  exceeds the available amount of authority to certify new
 1746  businesses as determined in s. 288.095(3). However, if the
 1747  commitments of local financial support represent less than 20
 1748  percent of the eligible tax refund payments, or to otherwise
 1749  preserve the viability and fiscal integrity of the program, the
 1750  director may certify a qualified target industry business to
 1751  receive tax refund payments of less than the allowable amounts
 1752  specified in paragraph (2)(b). A letter of certification that
 1753  approves an application must specify the maximum amount of tax
 1754  refund that will be available to the qualified industry business
 1755  in each fiscal year and the total amount of tax refunds that
 1756  will be available to the business for all fiscal years.
 1757         (f)(g)Nothing in This section does not shall create a
 1758  presumption that an applicant shall will receive any tax refunds
 1759  under this section. However, the office may issue nonbinding
 1760  opinion letters, upon the request of prospective applicants, as
 1761  to the applicants’ eligibility and the potential amount of
 1762  refunds.
 1763         (4) TAX REFUND AGREEMENT.—
 1764         (b) Compliance with the terms and conditions of the
 1765  agreement is a condition precedent for the receipt of a tax
 1766  refund each year. The failure to comply with the terms and
 1767  conditions of the tax refund agreement results in the loss of
 1768  eligibility for receipt of all tax refunds previously authorized
 1769  under this section and the revocation by the director of the
 1770  certification of the business entity as a qualified target
 1771  industry business, unless the business is eligible to receive
 1772  and elects to accept a prorated refund under paragraph (5)(d) or
 1773  the office grants the business an economic-stimulus exemption.
 1774         1. A qualified target industry business may submit, in
 1775  writing, a request to the office for an economic-stimulus
 1776  exemption. The request must provide quantitative evidence
 1777  demonstrating how negative economic conditions in the business’s
 1778  industry, the effects of the impact of a named hurricane or
 1779  tropical storm, or specific acts of terrorism affecting the
 1780  qualified target industry business have prevented the business
 1781  from complying with the terms and conditions of its tax refund
 1782  agreement.
 1783         2. Upon receipt of a request under subparagraph 1., the
 1784  director shall have 45 days to notify the requesting business,
 1785  in writing, if its exemption has been granted or denied. In
 1786  determining if an exemption should be granted, the director
 1787  shall consider the extent to which negative economic conditions
 1788  in the requesting business’s industry have occurred in the state
 1789  or, the effects of the impact of a named hurricane or tropical
 1790  storm, or specific acts of terrorism affecting the qualified
 1791  target industry business have prevented the business from
 1792  complying with the terms and conditions of its tax refund
 1793  agreement. The office shall consider current employment
 1794  statistics for this state by industry, including whether the
 1795  business’s industry had substantial job loss during the prior
 1796  year, when determining whether an exemption shall be granted.
 1797         3. As a condition for receiving a prorated refund under
 1798  paragraph (5)(d) or an economic-stimulus exemption under this
 1799  paragraph, a qualified target industry business must agree to
 1800  renegotiate its tax refund agreement with the office to, at a
 1801  minimum, ensure that the terms of the agreement comply with
 1802  current law and office procedures governing application for and
 1803  award of tax refunds. Upon approving the award of a prorated
 1804  refund or granting an economic-stimulus exemption, the office
 1805  shall renegotiate the tax refund agreement with the business as
 1806  required by this subparagraph. When amending the agreement of a
 1807  business receiving an economic-stimulus exemption, the office
 1808  may extend the duration of the agreement for a period not to
 1809  exceed 2 years.
 1810         4. A qualified target industry business may submit a
 1811  request for an economic-stimulus exemption to the office in lieu
 1812  of any tax refund claim scheduled to be submitted after January
 1813  1, 2009 2005, but before July 1, 2010 2006.
 1814         5. A qualified target industry business that receives an
 1815  economic-stimulus exemption may not receive a tax refund for the
 1816  period covered by the exemption.
 1817         (5) ANNUAL CLAIM FOR REFUND.—
 1818         (c) A tax refund may not be approved for a qualified target
 1819  industry business unless the required local financial support
 1820  has been paid into the account for that refund. If the local
 1821  financial support provided is less than 20 percent of the
 1822  approved tax refund, the tax refund must be reduced. In no event
 1823  may the tax refund exceed an amount that is equal to 5 times the
 1824  amount of the local financial support received. Further, funding
 1825  from local sources includes any tax abatement granted to that
 1826  business under s. 196.1995 or the appraised market value of
 1827  municipal or county land conveyed or provided at a discount to
 1828  that business. The amount of any tax refund for such business
 1829  approved under this section must be reduced by the amount of any
 1830  such tax abatement granted or the value of the land granted; and
 1831  the limitations in subsection (2) and paragraph (3)(e)(f) must
 1832  be reduced by the amount of any such tax abatement or the value
 1833  of the land granted. A report listing all sources of the local
 1834  financial support shall be provided to the office when such
 1835  support is paid to the account.
 1836         (8) EXPIRATION.—An applicant may not be certified as
 1837  qualified under this section after June 30, 2014 2010. A tax
 1838  refund agreement existing on that date shall continue in effect
 1839  in accordance with its terms.
 1840         Section 18. Paragraph (e) is added to subsection (3) of
 1841  section 288.107, Florida Statutes, and paragraph (f) of
 1842  subsection (4) of that section is amended, to read:
 1843         288.107 Brownfield redevelopment bonus refunds.—
 1844         (3) CRITERIA.—The minimum criteria for participation in the
 1845  brownfield redevelopment bonus refund are:
 1846         (e)A resolution adopted by the governing board of the
 1847  county or municipality in which the project will be located that
 1848  recommends that certain types of businesses be approved.
 1849         (4) PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.—
 1850         (f) Applications shall be reviewed and certified pursuant
 1851  to s. 288.061. The office shall review all applications
 1852  submitted under s. 288.106 or other similar application forms
 1853  for other eligible businesses as defined in paragraph (1)(e)
 1854  which indicate that the proposed project will be located in a
 1855  brownfield and determine, with the assistance of the Department
 1856  of Environmental Protection, that the project location is within
 1857  a brownfield as provided in this act.
 1858         Section 19. Paragraphs (b), (c), and (d) of subsection (5)
 1859  and subsections (7) and (8) of section 288.108, Florida
 1860  Statutes, are amended to read:
 1861         288.108 High-impact business.—
 1862         (5) APPLICATIONS; CERTIFICATION PROCESS; GRANT AGREEMENT.—
 1863         (b) Applications shall be reviewed and certified pursuant
 1864  to s. 288.061. Enterprise Florida, Inc., shall review each
 1865  submitted application and inform the applicant business whether
 1866  or not its application is complete within 10 working days. Once
 1867  the application is deemed complete, Enterprise Florida, Inc.,
 1868  has 10 working days within which to evaluate the application and
 1869  recommend approval or disapproval of the application to the
 1870  director. In recommending an applicant business for approval,
 1871  Enterprise Florida, Inc., shall include a recommended grant
 1872  award amount in its evaluation forwarded to the office.
 1873         (c)Upon receipt of the evaluation and recommendation of
 1874  Enterprise Florida, Inc., the director has 5 working days to
 1875  enter a final order that either approves or disapproves an
 1876  applicant business as a qualified high-impact business facility,
 1877  unless the business requests an extension of the time. The final
 1878  order shall specify the total amount of the qualified high
 1879  impact business facility performance grant award, the
 1880  performance conditions that must be met to obtain the award, and
 1881  the schedule for payment of the performance grant.
 1882         (c)(d) The director and the qualified high-impact business
 1883  shall enter into a performance grant agreement setting forth the
 1884  conditions for payment of the qualified high-impact business
 1885  performance grant. The agreement shall include the total amount
 1886  of the qualified high-impact business facility performance grant
 1887  award, the performance conditions that must be met to obtain the
 1888  award, including the employment, average salary, investment, the
 1889  methodology for determining if the conditions have been met, and
 1890  the schedule of performance grant payments.
 1891         (7)REPORTING.—The office shall by December 1 of each year
 1892  issue a complete and detailed report of all designated high
 1893  impact sectors, all applications received and their disposition,
 1894  all final orders issued, and all payments made, including
 1895  analyses of benefits and costs, types of projects supported, and
 1896  employment and investments created. The report shall be
 1897  submitted to the Governor, the President of the Senate, and the
 1898  Speaker of the House of Representatives.
 1899         (7)(8) RULEMAKING.—The office may adopt rules necessary to
 1900  carry out the provisions of this section.
 1901         Section 20. Paragraphs (a), (b), and (c) of subsection (3)
 1902  of section 288.1088, Florida Statutes, are amended to read:
 1903         288.1088 Quick Action Closing Fund.—
 1904         (3)(a) Enterprise Florida, Inc., shall review applications
 1905  pursuant to s. 288.061 and determine eligibility of each project
 1906  consistent with the criteria in subsection (2). Enterprise
 1907  Florida, Inc., in consultation with the Office of Tourism,
 1908  Trade, and Economic Development, may waive these criteria based
 1909  on extraordinary circumstances or in rural areas of critical
 1910  economic concern if the project would significantly benefit the
 1911  local or regional economy. Enterprise Florida, Inc., shall
 1912  evaluate individual proposals for high-impact business
 1913  facilities and forward recommendations regarding the use of
 1914  moneys in the fund for such facilities to the director of the
 1915  Office of Tourism, Trade, and Economic Development. Such
 1916  evaluation and recommendation must include, but need not be
 1917  limited to:
 1918         1. A description of the type of facility or infrastructure,
 1919  its operations, and the associated product or service associated
 1920  with the facility.
 1921         2. The number of full-time-equivalent jobs that will be
 1922  created by the facility and the total estimated average annual
 1923  wages of those jobs or, in the case of privately developed rural
 1924  infrastructure, the types of business activities and jobs
 1925  stimulated by the investment.
 1926         3. The cumulative amount of investment to be dedicated to
 1927  the facility within a specified period.
 1928         4. A statement of any special impacts the facility is
 1929  expected to stimulate in a particular business sector in the
 1930  state or regional economy or in the state’s universities and
 1931  community colleges.
 1932         5. A statement of the role the incentive is expected to
 1933  play in the decision of the applicant business to locate or
 1934  expand in this state or for the private investor to provide
 1935  critical rural infrastructure.
 1936         6. A report evaluating the quality and value of the company
 1937  submitting a proposal. The report must include:
 1938         a. A financial analysis of the company, including an
 1939  evaluation of the company’s short-term liquidity ratio as
 1940  measured by its assets to liability, the company’s profitability
 1941  ratio, and the company’s long-term solvency as measured by its
 1942  debt-to-equity ratio;
 1943         b. The historical market performance of the company;
 1944         c. A review of any independent evaluations of the company;
 1945         d. A review of the latest audit of the company’s financial
 1946  statement and the related auditor’s management letter; and
 1947         e. A review of any other types of audits that are related
 1948  to the internal and management controls of the company.
 1949         (b) Within 22 calendar days after receiving Upon receipt of
 1950  the evaluation and recommendation from Enterprise Florida, Inc.,
 1951  the director shall recommend to the Governor approval or
 1952  disapproval of a project for receipt of funds from the Quick
 1953  Action Closing Fund to the Governor. In recommending a project,
 1954  the director shall include proposed performance conditions that
 1955  the project must meet to obtain incentive funds. The Governor
 1956  shall provide the evaluation of projects recommended for
 1957  approval to the President of the Senate and the Speaker of the
 1958  House of Representatives and consult with the President of the
 1959  Senate and the Speaker of the House of Representatives before
 1960  giving final approval for a project. The Executive Office of the
 1961  Governor shall recommend approval of a project and the release
 1962  of funds pursuant to the legislative consultation and review
 1963  requirements set forth in s. 216.177. The recommendation must
 1964  include proposed performance conditions that the project must
 1965  meet in order to obtain funds.
 1966         (c) Upon the approval of the Governor, the director of the
 1967  Office of Tourism, Trade, and Economic Development and the
 1968  business shall enter into a contract that sets forth the
 1969  conditions for payment of moneys from the fund. The contract
 1970  must include the total amount of funds awarded; the performance
 1971  conditions that must be met to obtain the award, including, but
 1972  not limited to, net new employment in the state, average salary,
 1973  and total capital investment; demonstrate a baseline of current
 1974  service and a measure of enhanced capability; the methodology
 1975  for validating performance; the schedule of payments from the
 1976  fund; and sanctions for failure to meet performance conditions.
 1977  The contract must provide that payment of moneys from the fund
 1978  is contingent upon sufficient appropriation of funds by the
 1979  Legislature and upon sufficient release of appropriated funds by
 1980  the Legislative Budget Commission.
 1981         Section 21. Subsection (2) of section 257.193, Florida
 1982  Statutes, is amended to read:
 1983         257.193 Community Libraries in Caring Program.—
 1984         (2) The purpose of the Community Libraries in Caring
 1985  Program is to assist libraries in rural communities, as defined
 1986  in s. 288.0656(2)(b) and subject to the provisions of s.
 1987  288.06561, to strengthen their collections and services, improve
 1988  literacy in their communities, and improve the economic
 1989  viability of their communities.
 1990         Section 22. Section 288.019, Florida Statutes, is amended
 1991  to read:
 1992         288.019 Rural considerations in grant review and evaluation
 1993  processes.—Notwithstanding any other law, and to the fullest
 1994  extent possible, the member agencies and organizations of the
 1995  Rural Economic Development Initiative (REDI) as defined in s.
 1996  288.0656(6)(a) shall review all grant and loan application
 1997  evaluation criteria to ensure the fullest access for rural
 1998  counties as defined in s. 288.0656(2)(b) to resources available
 1999  throughout the state.
 2000         (1) Each REDI agency and organization shall review all
 2001  evaluation and scoring procedures and develop modifications to
 2002  those procedures which minimize the impact of a project within a
 2003  rural area.
 2004         (2) Evaluation criteria and scoring procedures must provide
 2005  for an appropriate ranking based on the proportionate impact
 2006  that projects have on a rural area when compared with similar
 2007  project impacts on an urban area.
 2008         (3) Evaluation criteria and scoring procedures must
 2009  recognize the disparity of available fiscal resources for an
 2010  equal level of financial support from an urban county and a
 2011  rural county.
 2012         (a) The evaluation criteria should weight contribution in
 2013  proportion to the amount of funding available at the local
 2014  level.
 2015         (b) In-kind match should be allowed and applied as
 2016  financial match when a county is experiencing financial distress
 2017  through elevated unemployment at a rate in excess of the state’s
 2018  average by 5 percentage points or because of the loss of its ad
 2019  valorem base.
 2020         (4) For existing programs, the modified evaluation criteria
 2021  and scoring procedure must be delivered to the Office of
 2022  Tourism, Trade, and Economic Development for distribution to the
 2023  REDI agencies and organizations. The REDI agencies and
 2024  organizations shall review and make comments. Future rules,
 2025  programs, evaluation criteria, and scoring processes must be
 2026  brought before a REDI meeting for review, discussion, and
 2027  recommendation to allow rural counties fuller access to the
 2028  state’s resources.
 2029         Section 23. Paragraph (d) of subsection (15) of section
 2030  627.6699, Florida Statutes, is amended to read:
 2031         627.6699 Employee Health Care Access Act.—
 2032         (15) SMALL EMPLOYERS ACCESS PROGRAM.—
 2033         (d) Eligibility.—
 2034         1. Any small employer that is actively engaged in business,
 2035  has its principal place of business in this state, employs up to
 2036  25 eligible employees on business days during the preceding
 2037  calendar year, employs at least 2 employees on the first day of
 2038  the plan year, and has had no prior coverage for the last 6
 2039  months may participate.
 2040         2. Any municipality, county, school district, or hospital
 2041  employer located in a rural community as defined in s.
 2042  288.0656(2)(b) may participate.
 2043         3. Nursing home employers may participate.
 2044         4. Each dependent of a person eligible for coverage is also
 2045  eligible to participate.
 2046  
 2047  Any employer participating in the program must do so until the
 2048  end of the term for which the carrier providing the coverage is
 2049  obligated to provide such coverage to the program. Coverage for
 2050  a small employer group that ceases to meet the eligibility
 2051  requirements of this section may be terminated at the end of the
 2052  policy period for which the necessary premiums have been paid.
 2053         Section 24. This act shall take effect July 1, 2009.