Florida Senate - 2009                      CS for CS for SB 2034
       
       
       
       By the Committees on Governmental Oversight and Accountability;
       Commerce; and Commerce
       
       
       
       585-05362-09                                          20092034c2
    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 s. 212.097,
   53         F.S.; specifying a review and certification
   54         requirement for the urban high crime area job tax
   55         credit applications; amending s. 220.191, F.S.;
   56         specifying a review and certification requirement for
   57         capital investment tax credit applications; creating
   58         s. 288.061, F.S.; providing requirements and
   59         procedures for an economic development incentive
   60         application process; providing time periods and
   61         requirements for certification for economic
   62         development incentive applications; providing duties
   63         and responsibilities of Enterprise Florida, Inc., and
   64         the Office of Tourism, Trade, and Economic
   65         Development; amending s. 288.063, F.S.; revising
   66         required criteria for review and certification of
   67         transportation projects by the Office of Tourism,
   68         Trade, and Economic Development; amending s. 288.065,
   69         F.S.; revising county population criteria for loans
   70         from the Rural Community Development Revolving Loan
   71         Fund; amending s. 288.0655, F.S.; authorizing the
   72         Office of Tourism, Trade, and Economic Development to
   73         award grants for a certain percentage of total
   74         infrastructure project costs for certain catalyst site
   75         funding applications; expanding eligible facilities
   76         for authorized infrastructure projects; providing for
   77         waiver of the local matching requirement; specifying a
   78         review and certification requirement for the office
   79         for certain Rural Infrastructure Fund grant
   80         applications; amending s. 288.0656, F.S.; providing
   81         legislative intent; revising and providing
   82         definitions; providing additional review and action
   83         requirements for the Rural Economic Development
   84         Initiative relating to rural communities; revising
   85         representation on the initiative; deleting a
   86         limitation on characterization as a rural area of
   87         critical economic concern; authorizing rural areas of
   88         critical economic concern to designate certain
   89         catalyst projects for certain purposes; providing
   90         project requirements; requiring the initiative to
   91         assist local governments with certain comprehensive
   92         planning needs; providing procedures and requirements
   93         for such assistance; revising certain reporting
   94         requirements for the initiative; amending s.
   95         288.06561, F.S., conforming cross-references; amending
   96         s. 288.0657, F.S.; revising the definition of the term
   97         “rural community”; amending s. 288.1045, F.S.;
   98         revising provisions relating to the application and
   99         refund process for the qualified defense contractor
  100         tax refund program; specifying a review and
  101         certification requirement for program refunds;
  102         revising the cap on refunds per applicant; deleting a
  103         report requirement; amending s. 288.106, F.S.;
  104         revising certain definitions; revising industry code
  105         designation requirements for certain activities under
  106         the tax refund program for qualified target industry
  107         businesses; revising program application and approval
  108         process provisions; specifying a review and
  109         certification requirement for program applications;
  110         revising tax refund agreement requirements; revising
  111         an economic-stimulus exemption request provision;
  112         extending a final date for exemption requests;
  113         extending a certification expiration provision;
  114         amending s. 288.107, F.S.; revising a definition;
  115         revising criteria for participation in brownfield
  116         redevelopment bonus refunds; specifying a review and
  117         certification requirement for brownfield redevelopment
  118         bonus refund applications; amending s. 288.108, F.S.;
  119         specifying a review and certification requirement for
  120         applications for high-impact business performance
  121         grants; deleting certain final order and report
  122         requirements; amending s. 288.1088, F.S.; specifying a
  123         review requirement for Quick Action Closing Fund
  124         project applications; providing a time period for the
  125         director to recommend approval or disapproval of a
  126         project for receipt of funds from the Quick Action
  127         Closing Fund; amending ss. 257.193, 288.019, and
  128         627.6699, F.S.; conforming cross-references; amending
  129         s. 288.9015, F.S.; specifying that Enterprise Florida,
  130         Inc., is responsible for responding to inquiries
  131         related to the state’s business incentives and
  132         opportunities; amending s. 288.95155, F.S.;
  133         authorizing Enterprise Florida, Inc., to advance a
  134         specified amount of money from a business technology
  135         growth account to the Institute for Commercialization
  136         of Public Research; authorizing Enterprise Florida,
  137         Inc. to grant awards; amending s. 288.9622, F.S.;
  138         expanding the types of investments that may be made by
  139         the Florida Opportunity Fund; amending s. 288.9624,
  140         F.S.; providing a limitation on how the originally
  141         appropriated funds may be invested; allowing the
  142         Florida Opportunity Fund to form or create other
  143         entities for investment purposes; revising a reporting
  144         requirement; amending s. 380.06, F.S.; providing an
  145         exemption from the development of regional impact
  146         program for certain projects supporting a targeted
  147         industry within a rural catalyst site; providing an
  148         effective date.
  149  
  150  Be It Enacted by the Legislature of the State of Florida:
  151  
  152         Section 1. Subsections (1), (2), and (3), paragraph (d) of
  153  subsection (4), and subsections (5), (7), (8), (9), and (10) of
  154  section 288.1089, Florida Statutes, are amended, and subsections
  155  (11) and (12) are added to that section, to read:
  156         288.1089 Innovation Incentive Program.—
  157         (1) The Innovation Incentive Program is created within the
  158  Office of Tourism, Trade, and Economic Development to ensure
  159  that sufficient resources are available to allow the state to
  160  respond expeditiously to extraordinary economic opportunities
  161  and to compete effectively for high-value research and
  162  development, and innovation business, and alternative and
  163  renewal energy projects.
  164         (2) As used in this section, the term:
  165         (a) “Alternative and renewable energy” means electrical,
  166  mechanical, or thermal energy produced from a method that uses
  167  one or more of the following fuels or energy sources: ethanol,
  168  cellulosic ethanol, biobutanol, biodiesel, biomass, biogas,
  169  hydrogen fuel cells, ocean energy, hydrogen, solar, hydro, wind,
  170  or geothermal.
  171         (b) “Average private sector wage” means the statewide
  172  average wage in the private sector or the average of all private
  173  sector wages in the county or in the standard metropolitan area
  174  in which the project is located as determined by the Agency for
  175  Workforce Innovation.
  176         (c) “Brownfield area” means an area designated as a
  177  brownfield area pursuant to s. 376.80.
  178         (d)“Commission” means the Florida Energy and Climate
  179  Commission.
  180         (e)(d) “Cumulative investment” means cumulative capital
  181  investment and all eligible capital costs, as defined in s.
  182  220.191.
  183         (f)(e) “Director” means the director of the Office of
  184  Tourism, Trade, and Economic Development.
  185         (g)(f) “Enterprise zone” means an area designated as an
  186  enterprise zone pursuant to s. 290.0065.
  187         (h)(g) “Fiscal year” means the state fiscal year.
  188         (i)“Industry wage” means the average annual wage paid to
  189  employees in a particular industry, as designated by the North
  190  American Industry Classification System (NAICS), and compiled by
  191  the Bureau of Labor Statistics of the United States Department
  192  of Labor.
  193         (j)(h) “Innovation business” means a business expanding or
  194  locating in this state that is likely to serve as a catalyst for
  195  the growth of an existing or emerging technology cluster or will
  196  significantly impact the regional economy in which it is to
  197  expand or locate.
  198         (k)(i) “Jobs” means full-time equivalent positions, as that
  199  term is consistent with terms used by the Agency for Workforce
  200  Innovation and the United States Department of Labor for
  201  purposes of unemployment compensation tax administration and
  202  employment estimation, resulting directly from a project in this
  203  state. The term does not include temporary construction jobs.
  204         (l)“Naming opportunities” means charitable donations from
  205  any person or entity in consideration for the right to have all
  206  or a portion of the facility named for or in the memory of any
  207  person, living or dead, or for any entity.
  208         (m)“Net royalty revenues” means all royalty revenues less
  209  the cost of obtaining, maintaining, and enforcing related patent
  210  and intellectual property rights, both foreign and domestic.
  211         (n)(j) “Match” means funding from local sources, public or
  212  private, which will be paid to the applicant and which is equal
  213  to 100 percent of an award. Eligible match funding may include
  214  any tax abatement granted to the applicant under s. 196.1995 or
  215  the appraised market value of land, buildings, infrastructure,
  216  or equipment conveyed or provided at a discount to the
  217  applicant. Complete documentation of a match payment or other
  218  conveyance must be presented to and verified by the office prior
  219  to transfer of state funds to an applicant. An applicant may not
  220  provide, directly or indirectly, more than 5 percent of match
  221  funding in any fiscal year. The sources of such funding may not
  222  include, directly or indirectly, state funds appropriated from
  223  the General Revenue Fund or any state trust fund, excluding tax
  224  revenues shared with local governments pursuant to law.
  225         (o)(k) “Office” means the Office of Tourism, Trade, and
  226  Economic Development.
  227         (p)(l) “Project” means the location to or expansion in this
  228  state by an innovation business, a or research and development
  229  applicant, or an alternative and renewable energy applicant
  230  approved for an award pursuant to this section.
  231         (q)(m) “Research and development” means basic and applied
  232  research in the sciences or engineering, as well as the design,
  233  development, and testing of prototypes or processes of new or
  234  improved products. Research and development does not include
  235  market research, routine consumer product testing, sales
  236  research, research in the social sciences or psychology,
  237  nontechnological activities, or technical services.
  238         (r)(n) “Research and development facility” means a facility
  239  that is predominately engaged in research and development
  240  activities. For purposes of this paragraph, the term
  241  “predominantly” means at least 51 percent of the time.
  242         (s)(o) “Rural area” means a rural city, rural community, or
  243  rural county as defined in s. 288.106.
  244         (3) To be eligible for consideration for an innovation
  245  incentive award, an innovation business, a or research and
  246  development entity, or an alternative and renewable energy
  247  company project must submit a written application to Enterprise
  248  Florida, Inc., before making a decision to locate new operations
  249  in this state or expand an existing operation in this state. The
  250  application must include, but not be limited to:
  251         (a) The applicant’s federal employer identification number,
  252  unemployment account number, and state sales tax registration
  253  number. If such numbers are not available at the time of
  254  application, they must be submitted to the office in writing
  255  prior to the disbursement of any payments under this section.
  256         (b) The location in this state at which the project is
  257  located or is to be located.
  258         (c) A description of the type of business activity,
  259  product, or research and development undertaken by the
  260  applicant, including six-digit North American Industry
  261  Classification System codes for all activities included in the
  262  project.
  263         (d) The applicant’s projected investment in the project.
  264         (e) The total investment, from all sources, in the project.
  265         (f) The number of net new full-time equivalent jobs in this
  266  state the applicant anticipates having created as of December 31
  267  of each year in the project and the average annual wage of such
  268  jobs.
  269         (g) The total number of full-time equivalent employees
  270  currently employed by the applicant in this state, if
  271  applicable.
  272         (h) The anticipated commencement date of the project.
  273         (i) A detailed explanation of why the innovation incentive
  274  is needed to induce the applicant to expand or locate in the
  275  state and whether an award would cause the applicant to locate
  276  or expand in this state.
  277         (j) If applicable, an estimate of the proportion of the
  278  revenues resulting from the project that will be generated
  279  outside this state.
  280         (4) To qualify for review by the office, the applicant
  281  must, at a minimum, establish the following to the satisfaction
  282  of Enterprise Florida, Inc., and the office:
  283         (d) For an alternative and renewable energy project in this
  284  state, the project must:
  285         1. Demonstrate a plan for significant collaboration with an
  286  institution of higher education;
  287         2. Provide the state, at a minimum, a break-even return on
  288  investment within a 20-year period;
  289         3. Include matching funds provided by the applicant or
  290  other available sources. The match requirement may be reduced or
  291  waived in rural areas of critical economic concern or reduced in
  292  rural areas, brownfield areas, and enterprise zones This
  293  requirement may be waived if the office and the department
  294  determine that the merits of the individual project or the
  295  specific circumstances warrant such action;
  296         4. Be located in this state; and
  297         5. Provide at least 35 direct, new jobs that pay an
  298  estimated annual average wage that equals at least 130 percent
  299  of the average private sector wage. The average wage requirement
  300  may be waived if the office and the commission determine that
  301  the merits of the individual project or the specific
  302  circumstances warrant such action; and
  303         6.Meet one of the following criteria:
  304         a.Result in the creation of at least 35 direct, new jobs
  305  at the business.
  306         b.Have an activity or product that uses feedstock or other
  307  raw materials grown or produced in this state.
  308         c.Have a cumulative investment of at least $50 million
  309  within a 5-year period.
  310         d.Address the technical feasibility of the technology, and
  311  the extent to which the proposed project has been demonstrated
  312  to be technically feasible based on pilot project
  313  demonstrations, laboratory testing, scientific modeling, or
  314  engineering or chemical theory that supports the proposal.
  315         e.Include innovative technology and the degree to which
  316  the project or business incorporates an innovative new
  317  technology or an innovative application of an existing
  318  technology.
  319         f.Include production potential and the degree to which a
  320  project or business generates thermal, mechanical, or electrical
  321  energy by means of a renewable energy resource that has
  322  substantial long-term production potential. The project must, to
  323  the extent possible, quantify annual production potential in
  324  megawatts or kilowatts.
  325         g.Include and address energy efficiency and the degree to
  326  which a project demonstrates efficient use of energy, water, and
  327  material resources.
  328         h.Include project management and the ability of management
  329  to administer and complete the business project.
  330         (5) Enterprise Florida, Inc., shall evaluate proposals for
  331  all three categories of innovation incentive awards and transmit
  332  recommendations for awards to the office. Before making its
  333  recommendations on alternative and renewable energy projects,
  334  Enterprise Florida, Inc., shall solicit comments and
  335  recommendations from the Florida Energy and Climate Commission
  336  for alternative and renewable energy project proposals. For each
  337  project, the Such evaluation and recommendation to the office
  338  must include, but need not be limited to:
  339         (a) A description of the project, its required facilities,
  340  and the associated product, service, or research and development
  341  associated with the project.
  342         (b) The percentage of match provided for the project.
  343         (c) The number of full-time equivalent jobs that will be
  344  created by the project, the total estimated average annual wages
  345  of such jobs, and the types of business activities and jobs
  346  likely to be stimulated by the project.
  347         (d) The cumulative investment to be dedicated to the
  348  project within 5 years and the total investment expected in the
  349  project if more than 5 years.
  350         (e) The projected economic and fiscal impacts on the local
  351  and state economies relative to investment.
  352         (f) A statement of any special impacts the project is
  353  expected to stimulate in a particular business sector in the
  354  state or regional economy or in the state’s universities and
  355  community colleges.
  356         (g) A statement of any anticipated or proposed
  357  relationships with state universities.
  358         (h) A statement of the role the incentive is expected to
  359  play in the decision of the applicant to locate or expand in
  360  this state.
  361         (i) A recommendation and explanation of the amount of the
  362  award needed to cause the applicant to expand or locate in this
  363  state.
  364         (j) A discussion of the efforts and commitments made by the
  365  local community in which the project is to be located to induce
  366  the applicant’s location or expansion, taking into consideration
  367  local resources and abilities.
  368         (k) A recommendation for specific performance criteria the
  369  applicant would be expected to achieve in order to receive
  370  payments from the fund and penalties or sanctions for failure to
  371  meet or maintain performance conditions.
  372         (l) Additional evaluative criteria for a research and
  373  development facility project, including:
  374         1. A description of the extent to which the project has the
  375  potential to serve as catalyst for an emerging or evolving
  376  cluster.
  377         2. A description of the extent to which the project has or
  378  could have a long-term collaborative research and development
  379  relationship with one or more universities or community colleges
  380  in this state.
  381         3. A description of the existing or projected impact of the
  382  project on established clusters or targeted industry sectors.
  383         4. A description of the project’s contribution to the
  384  diversity and resiliency of the innovation economy of this
  385  state.
  386         5. A description of the project’s impact on special needs
  387  communities, including, but not limited to, rural areas,
  388  distressed urban areas, and enterprise zones.
  389         (m)Additional evaluative criteria for alternative and
  390  renewable energy proposals, including:
  391         1.The availability of matching funds or other in-kind
  392  contributions applied to the total project from an applicant.
  393  The commission shall give greater preference to projects that
  394  provide such matching funds or other in-kind contributions.
  395         2.The degree to which the project stimulates in-state
  396  capital investment and economic development in metropolitan and
  397  rural areas, including the creation of jobs and the future
  398  development of a commercial market for renewable energy
  399  technologies.
  400         3.The extent to which the proposed project has been
  401  demonstrated to be technically feasible based on pilot project
  402  demonstrations, laboratory testing, scientific modeling, or
  403  engineering or chemical theory that supports the proposal.
  404         4.The degree to which the project incorporates an
  405  innovative new technology or an innovative application of an
  406  existing technology.
  407         5.The degree to which a project generates thermal,
  408  mechanical, or electrical energy by means of a renewable energy
  409  resource that has substantial long-term production potential.
  410         6.The degree to which a project demonstrates efficient use
  411  of energy and material resources.
  412         7.The degree to which the project fosters overall
  413  understanding and appreciation of renewable energy technologies.
  414         8.The ability to administer a complete project.
  415         9.Project duration and timeline for expenditures.
  416         10.The geographic area in which the project is to be
  417  conducted in relation to other projects.
  418         11.The degree of public visibility and interaction.
  419         (7) Upon receipt of the evaluation and recommendation from
  420  Enterprise Florida, Inc., and from the Florida Energy and
  421  Climate Commission for alternative and renewable energy project
  422  proposals, the director shall recommend to the Governor the
  423  approval or disapproval of an award. In recommending approval of
  424  an award, the director shall include proposed performance
  425  conditions that the applicant must meet in order to obtain
  426  incentive funds and any other conditions that must be met before
  427  the receipt of any incentive funds. The Governor shall consult
  428  with the President of the Senate and the Speaker of the House of
  429  Representatives before giving approval for an award. Upon review
  430  and approval of an award by the Legislative Budget Commission,
  431  the Executive Office of the Governor shall release the funds
  432  pursuant to the legislative consultation and review requirements
  433  set forth in s. 216.177.
  434         (8)(a)After the conditions Upon approval by the Governor
  435  and release of the funds as set forth in subsection (7) have
  436  been met, the director shall issue a letter certifying the
  437  applicant as qualified for an award. The office and the award
  438  recipient applicant shall enter into an agreement that sets
  439  forth the conditions for payment of the incentive funds
  440  incentives. The agreement must include, at a minimum:
  441         1. The total amount of funds awarded.;
  442         2. The performance conditions that must be met in order to
  443  obtain the award or portions of the award, including, but not
  444  limited to, net new employment in the state, average wage, and
  445  total cumulative investment.;
  446         3. Demonstration of a baseline of current service and a
  447  measure of enhanced capability.;
  448         4. The methodology for validating performance.;
  449         5. The schedule of payments.; and
  450         6. Sanctions for failure to meet performance conditions,
  451  including any clawback provisions.
  452         (b)Additionally, agreements signed on or after July 1,
  453  2009, must include the following provisions:
  454         1.Notwithstanding subsection (4), a requirement that the
  455  jobs created by the recipient of the incentive funds pay an
  456  annual average wage at least equal to the relevant industry’s
  457  annual average wage or at least 130 percent of the average
  458  private-sector wage, whichever is greater.
  459         2.A reinvestment requirement. Each recipient of an award
  460  shall reinvest up to 15 percent of net royalty revenues,
  461  including revenues from spin-off companies and the revenues from
  462  the sale of stock it receives from the licensing or transfer of
  463  inventions, methods, processes, and other patentable discoveries
  464  conceived or reduced to practice using its facilities in Florida
  465  or its Florida-based employees, in whole or in part, and to
  466  which the recipient of the grant becomes entitled during the 20
  467  years following the effective date of its agreement with the
  468  office. Each recipient of an award also shall reinvest up to 15
  469  percent of the gross revenues it receives from naming
  470  opportunities associated with any facility it builds in this
  471  state. Reinvestment payments shall commence no later than 6
  472  months after the recipient of the grant has received the final
  473  disbursement under the contract and shall continue until the
  474  maximum reinvestment, as specified in the contract, has been
  475  paid. Reinvestment payments shall be remitted to the office for
  476  deposit in the Biomedical Research Trust Fund for companies
  477  specializing in biomedicine or life sciences, or in the Economic
  478  Development Trust Fund for companies specializing in fields
  479  other than biomedicine or the life sciences. If these trust
  480  funds no longer exist at the time of the reinvestment, the
  481  state’s share of reinvestment shall be deposited in their
  482  successor trust funds as determined by law. Each recipient of an
  483  award shall annually submit a schedule of the shares of stock
  484  held by it as payment of the royalty required by this paragraph
  485  and report on any trades or activity concerning such stock. Each
  486  recipient’s reinvestment obligations survive the expiration or
  487  termination of its agreement with the state.
  488         3.Requirements for the establishment of internship
  489  programs or other learning opportunities for educators and
  490  secondary, postsecondary, graduate, and doctoral students.
  491         4.A requirement that the recipient submit quarterly
  492  reports and annual reports related to activities and performance
  493  to the office, according to standardized reporting periods.
  494         5.A requirement for an annual accounting to the office of
  495  the expenditure of funds disbursed under this section.
  496         6.A process for amending the agreement.
  497         (9) Enterprise Florida, Inc., shall assist the office in
  498  validating the performance of an innovation business, a or
  499  research and development facility, or an alternative and
  500  renewable energy business that has received an award. At the
  501  conclusion of the innovation incentive award agreement, or its
  502  earlier termination, Enterprise Florida, Inc., shall, within 90
  503  days, submit a report the results of the innovation incentive
  504  award to the Governor, the President of the Senate, and the
  505  Speaker of the House of Representatives detailing whether the
  506  recipient of the innovation incentive grant achieved its
  507  specified outcomes.
  508         (10) Each recipient of an award shall comply with
  509  Enterprise Florida, Inc., shall develop business ethics
  510  standards developed by Enterprise Florida, Inc., which are based
  511  on appropriate best industry practices which shall be applicable
  512  to all award recipients. The standards shall address ethical
  513  duties of business enterprises, fiduciary responsibilities of
  514  management, and compliance with the laws of this state.
  515  Enterprise Florida, Inc., may collaborate with the State
  516  University System in reviewing and evaluating appropriate
  517  business ethics standards. Such standards shall be provided to
  518  the Governor, the President of the Senate, and the Speaker of
  519  the House of Representatives by December 31, 2006. An award
  520  agreement entered into on or after December 31, 2006, shall
  521  require a recipient to comply with the business ethics standards
  522  developed pursuant to this section.
  523         (11)(a)Beginning January 5, 2010, and every year
  524  thereafter, the office shall submit to the Governor, the
  525  President of the Senate, and the Speaker of the House of
  526  Representatives a report summarizing the activities and
  527  accomplishments of the recipients of grants from the Innovation
  528  Incentive Program during the previous 12 months and an
  529  evaluation by the office of whether the recipients are catalysts
  530  for additional direct and indirect economic development in
  531  Florida.
  532         (b)Beginning March 1, 2010, and every third year
  533  thereafter, the Office of Program Policy Analysis and Government
  534  Accountability, in consultation with the Auditor General’s
  535  Office, shall release a report evaluating the Innovation
  536  Incentive Program’s progress toward creating clusters of high
  537  wage, high-skilled, complementary industries that serve as
  538  catalysts for economic growth specifically in the regions in
  539  which they are located, and generally for the state as a whole.
  540  Such report should include critical analyses of quarterly and
  541  annual reports, annual audits, and other documents prepared by
  542  the Innovation Incentive program awardees; relevant economic
  543  development reports prepared by the office, Enterprise Florida,
  544  Inc., and local or regional economic development organizations;
  545  interviews with the parties involved; and any other relevant
  546  data. Such report should also include legislative
  547  recommendations, if necessary, on how to improve the Innovation
  548  Incentive Program so that the program reaches its anticipated
  549  potential as a catalyst for direct and indirect economic
  550  development in this state.
  551         (12)The office may seek the assistance of the Office of
  552  Program Policy Analysis and Government Accountability, the
  553  Legislature’s Office of Economic and Demographic Research, and
  554  other entities for the purpose of developing performance
  555  measures or techniques to quantify the synergistic economic
  556  development impacts that awardees of grants are having within
  557  their communities.
  558         Section 2. Paragraph (b) of subsection (10) of section
  559  212.097, Florida Statutes, are amended to read:
  560         212.097 Urban High-Crime Area Job Tax Credit Program.—
  561         (10)
  562         (b) Applications shall be reviewed and certified pursuant
  563  to s. 288.061. Within 30 working days after receipt of an
  564  application for credit, the Office of Tourism, Trade, and
  565  Economic Development shall review the application to determine
  566  whether it contains all the information required by this
  567  subsection and meets the criteria set out in this section.
  568  Subject to the provisions of paragraph (c), the Office of
  569  Tourism, Trade, and Economic Development shall approve all
  570  applications that contain the information required by this
  571  subsection and meet the criteria set out in this section as
  572  eligible to receive a credit.
  573         Section 3. Subsection (5) of section 220.191, Florida
  574  Statutes, is amended to read:
  575         220.191 Capital investment tax credit.—
  576         (5) Applications shall be reviewed and certified pursuant
  577  to s. 288.061. The office, upon a recommendation by Enterprise
  578  Florida, Inc., shall first certify a business as eligible to
  579  receive tax credits pursuant to this section prior to the
  580  commencement of operations of a qualifying project, and such
  581  certification shall be transmitted to the Department of Revenue.
  582  Upon receipt of the certification, the Department of Revenue
  583  shall enter into a written agreement with the qualifying
  584  business specifying, at a minimum, the method by which income
  585  generated by or arising out of the qualifying project will be
  586  determined.
  587         Section 4. Section 288.061, Florida Statutes, is created to
  588  read:
  589         288.061Economic development incentive application
  590  process.—
  591         (1)Within 10 business days after receiving a submitted
  592  economic development incentive application, Enterprise Florida,
  593  Inc., shall review the application and inform the applicant
  594  business whether or not its application is complete. Within 10
  595  business days after the application is deemed complete,
  596  Enterprise Florida, Inc., shall evaluate the application and
  597  recommend approval or disapproval of the application to the
  598  director of the Office of Tourism, Trade, and Economic
  599  Development. In recommending an applicant business for approval,
  600  Enterprise Florida, Inc., shall include in its evaluation a
  601  recommended grant award amount and a review of the applicant’s
  602  ability to meet specific program criteria.
  603         (2)Within 10 calendar days after the Office of Tourism,
  604  Trade, and Economic Development receives the evaluation and
  605  recommendation from Enterprise Florida, Inc., the office shall
  606  notify Enterprise Florida, Inc., whether or not the application
  607  is reviewable. Within 22 calendar days after the office receives
  608  the recommendation from Enterprise Florida, Inc., the director
  609  of the office shall review the application and issue a letter of
  610  certification to the applicant that approves or disapproves an
  611  applicant business and includes a justification of that
  612  decision, unless the business requests an extension of that
  613  time. The final order shall specify the total amount of the
  614  award, the performance conditions that must be met to obtain the
  615  award, and the schedule for payment.
  616         Section 5. Subsection (4) of section 288.063, Florida
  617  Statutes, is amended to read:
  618         288.063 Contracts for transportation projects.—
  619         (4) The Office of Tourism, Trade, and Economic Development
  620  may adopt criteria by which transportation projects are to be
  621  reviewed and certified in accordance with s. 288.061 specified
  622  and identified. In approving transportation projects for
  623  funding, the Office of Tourism, Trade, and Economic Development
  624  shall consider factors including, but not limited to, the cost
  625  per job created or retained considering the amount of
  626  transportation funds requested; the average hourly rate of wages
  627  for jobs created; the reliance on the program as an inducement
  628  for the project’s location decision; the amount of capital
  629  investment to be made by the business; the demonstrated local
  630  commitment; the location of the project in an enterprise zone
  631  designated pursuant to s. 290.0055; the location of the project
  632  in a spaceport territory as defined in s. 331.304; the
  633  unemployment rate of the surrounding area; the poverty rate of
  634  the community; and the adoption of an economic element as part
  635  of its local comprehensive plan in accordance with s.
  636  163.3177(7)(j). The Office of Tourism, Trade, and Economic
  637  Development may contact any agency it deems appropriate for
  638  additional input regarding the approval of projects.
  639         Section 6. Subsection (2) of section 288.065, Florida
  640  Statutes, is amended to read:
  641         288.065 Rural Community Development Revolving Loan Fund.—
  642         (2) The program shall provide for long-term loans, loan
  643  guarantees, and loan loss reserves to units of local
  644  governments, or economic development organizations substantially
  645  underwritten by a unit of local government, within counties with
  646  populations of 75,000 or fewer less, or within any county with
  647  that has a population of 125,000 100,000 or fewer which less and
  648  is contiguous to a county with a population of 75,000 or fewer
  649  less, based on as determined by the most recent official
  650  population estimate as determined under pursuant to s. 186.901,
  651  including those residing in incorporated areas and those
  652  residing in unincorporated areas of the county, or to units of
  653  local government, or economic development organizations
  654  substantially underwritten by a unit of local government, within
  655  a rural area of critical economic concern. Requests for loans
  656  shall be made by application to the Office of Tourism, Trade,
  657  and Economic Development. Loans shall be made pursuant to
  658  agreements specifying the terms and conditions agreed to between
  659  the applicant and the Office of Tourism, Trade, and Economic
  660  Development. The loans shall be the legal obligations of the
  661  applicant. All repayments of principal and interest shall be
  662  returned to the loan fund and made available for loans to other
  663  applicants. However, in a rural area of critical economic
  664  concern designated by the Governor, and upon approval by the
  665  Office of Tourism, Trade, and Economic Development, repayments
  666  of principal and interest may be retained by the applicant if
  667  such repayments are dedicated and matched to fund regionally
  668  based economic development organizations representing the rural
  669  area of critical economic concern.
  670         Section 7. Paragraphs (b) and (e) of subsection (2) and
  671  subsection (3) of section 288.0655, Florida Statutes, are
  672  amended to read:
  673         288.0655 Rural Infrastructure Fund.—
  674         (2)
  675         (b) To facilitate access of rural communities and rural
  676  areas of critical economic concern as defined by the Rural
  677  Economic Development Initiative to infrastructure funding
  678  programs of the Federal Government, such as those offered by the
  679  United States Department of Agriculture and the United States
  680  Department of Commerce, and state programs, including those
  681  offered by Rural Economic Development Initiative agencies, and
  682  to facilitate local government or private infrastructure funding
  683  efforts, the office may award grants for up to 30 percent of the
  684  total infrastructure project cost. If an application for funding
  685  is for a catalyst site, as defined in s. 288.0656, the office
  686  may award grants for up to 40 percent of the total
  687  infrastructure project cost. Eligible projects must be related
  688  to specific job-creation or job-retention opportunities.
  689  Eligible projects may also include improving any inadequate
  690  infrastructure that has resulted in regulatory action that
  691  prohibits economic or community growth or reducing the costs to
  692  community users of proposed infrastructure improvements that
  693  exceed such costs in comparable communities. Eligible uses of
  694  funds shall include improvements to public infrastructure for
  695  industrial or commercial sites and upgrades to or development of
  696  public tourism infrastructure. Authorized infrastructure may
  697  include the following public or public-private partnership
  698  facilities: storm water systems; telecommunications facilities;
  699  broadband facilities; roads or other remedies to transportation
  700  impediments; nature-based tourism facilities; or other physical
  701  requirements necessary to facilitate tourism, trade, and
  702  economic development activities in the community. Authorized
  703  infrastructure may also include publicly or privately owned
  704  self-powered nature-based tourism facilities,publicly owned
  705  telecommunications facilities, and broadband facilities, and
  706  additions to the distribution facilities of the existing natural
  707  gas utility as defined in s. 366.04(3)(c), the existing electric
  708  utility as defined in s. 366.02, or the existing water or
  709  wastewater utility as defined in s. 367.021(12), or any other
  710  existing water or wastewater facility, which owns a gas or
  711  electric distribution system or a water or wastewater system in
  712  this state where:
  713         1. A contribution-in-aid of construction is required to
  714  serve public or public-private partnership facilities under the
  715  tariffs of any natural gas, electric, water, or wastewater
  716  utility as defined herein; and
  717         2. Such utilities as defined herein are willing and able to
  718  provide such service.
  719         (e) To enable local governments to access the resources
  720  available pursuant to s. 403.973(18), the office may award
  721  grants for surveys, feasibility studies, and other activities
  722  related to the identification and preclearance review of land
  723  which is suitable for preclearance review. Authorized grants
  724  under this paragraph shall not exceed $75,000 each, except in
  725  the case of a project in a rural area of critical economic
  726  concern, in which case the grant shall not exceed $300,000. Any
  727  funds awarded under this paragraph must be matched at a level of
  728  50 percent with local funds, except that any funds awarded for a
  729  project in a rural area of critical economic concern must be
  730  matched at a level of 33 percent with local funds. If an
  731  application for funding is for a catalyst site, as defined in s.
  732  288.0656, the requirement for local match may be waived pursuant
  733  to the process in s. 288.06561. In evaluating applications under
  734  this paragraph, the office shall consider the extent to which
  735  the application seeks to minimize administrative and consultant
  736  expenses.
  737         (3) The office, in consultation with Enterprise Florida,
  738  Inc., VISIT Florida, the Department of Environmental Protection,
  739  and the Florida Fish and Wildlife Conservation Commission, as
  740  appropriate, shall review and certify applications pursuant to
  741  s. 288.061. The review shall include an evaluation of and
  742  evaluate the economic benefit of the projects and their long
  743  term viability. The office shall have final approval for any
  744  grant under this section and must make a grant decision within
  745  30 days of receiving a completed application.
  746         Section 8. Section 288.0656, Florida Statutes, is amended
  747  to read:
  748         288.0656 Rural Economic Development Initiative.—
  749         (1)(a)Recognizing that rural communities and regions
  750  continue to face extraordinary challenges in their efforts to
  751  significantly improve their economies, specifically in terms of
  752  personal income, job creation, average wages, and strong tax
  753  bases, it is the intent of the Legislature to encourage and
  754  facilitate the location and expansion of major economic
  755  development projects of significant scale in such rural
  756  communities.
  757         (b) The Rural Economic Development Initiative, known as
  758  “REDI,” is created within the Office of Tourism, Trade, and
  759  Economic Development, and the participation of state and
  760  regional agencies in this initiative is authorized.
  761         (2) As used in this section, the term:
  762         (a)“Catalyst project” means a business locating or
  763  expanding in a rural area of critical economic concern to serve
  764  as an economic generator of regional significance for the growth
  765  of a regional target industry cluster. The project must provide
  766  capital investment on a scale significant enough to affect the
  767  entire region and result in the development of high-wage and
  768  high-skill jobs.
  769         (b)“Catalyst site” means a parcel or parcels of land
  770  within a rural area of critical economic concern that has been
  771  prioritized as a geographic site for economic development
  772  through partnerships with state, regional, and local
  773  organizations. The site must be reviewed by REDI and approved by
  774  the Office of Tourism, Trade, and Economic Development for the
  775  purposes of locating a catalyst project.
  776         (c)(a) “Economic distress” means conditions affecting the
  777  fiscal and economic viability of a rural community, including
  778  such factors as low per capita income, low per capita taxable
  779  values, high unemployment, high underemployment, low weekly
  780  earned wages compared to the state average, low housing values
  781  compared to the state average, high percentages of the
  782  population receiving public assistance, high poverty levels
  783  compared to the state average, and a lack of year-round stable
  784  employment opportunities.
  785         (d)“Rural area of critical economic concern” means a rural
  786  community, or a region composed of rural communities, designated
  787  by the Governor, that has been adversely affected by an
  788  extraordinary economic event, severe or chronic distress, or a
  789  natural disaster or that presents a unique economic development
  790  opportunity of regional impact.
  791         (e)(b) “Rural community” means:
  792         1. A county with a population of 75,000 or less.
  793         2. A county with a population of 125,000 100,000 or fewer
  794  which less that is contiguous to a county with a population of
  795  75,000 or fewer less.
  796         3. A municipality within a county described in subparagraph
  797  1. or subparagraph 2.
  798         4. An unincorporated federal enterprise community or an
  799  incorporated rural city with a population of 25,000 or less and
  800  an employment base focused on traditional agricultural or
  801  resource-based industries, located in a county not defined as
  802  rural, which has at least three or more of the economic distress
  803  factors identified in paragraph (c) (a) and verified by the
  804  Office of Tourism, Trade, and Economic Development.
  805  
  806  For purposes of this paragraph, population shall be determined
  807  in accordance with the most recent official estimate pursuant to
  808  s. 186.901.
  809         (3) REDI shall be responsible for coordinating and focusing
  810  the efforts and resources of state and regional agencies on the
  811  problems which affect the fiscal, economic, and community
  812  viability of Florida’s economically distressed rural
  813  communities, working with local governments, community-based
  814  organizations, and private organizations that have an interest
  815  in the growth and development of these communities to find ways
  816  to balance environmental and growth management issues with local
  817  needs.
  818         (4) REDI shall review and evaluate the impact of statutes
  819  and rules on rural communities and shall work to minimize any
  820  adverse impact and undertake outreach and capacity building
  821  efforts.
  822         (5) REDI shall facilitate better access to state resources
  823  by promoting direct access and referrals to appropriate state
  824  and regional agencies and statewide organizations. REDI may
  825  undertake outreach, capacity-building, and other advocacy
  826  efforts to improve conditions in rural communities. These
  827  activities may include sponsorship of conferences and
  828  achievement awards.
  829         (6)(a) By August 1 of each year, the head of each of the
  830  following agencies and organizations shall designate a deputy
  831  secretary or higher-level high-level staff person from within
  832  the agency or organization to serve as the REDI representative
  833  for the agency or organization:
  834         1. The Department of Community Affairs.
  835         2. The Department of Transportation.
  836         3. The Department of Environmental Protection.
  837         4. The Department of Agriculture and Consumer Services.
  838         5. The Department of State.
  839         6. The Department of Health.
  840         7. The Department of Children and Family Services.
  841         8. The Department of Corrections.
  842         9. The Agency for Workforce Innovation.
  843         10. The Department of Education.
  844         11. The Department of Juvenile Justice.
  845         12. The Fish and Wildlife Conservation Commission.
  846         13. Each water management district.
  847         14. Enterprise Florida, Inc.
  848         15. Workforce Florida, Inc.
  849         16. The Florida Commission on Tourism or VISIT Florida.
  850         17. The Florida Regional Planning Council Association.
  851         18. The Agency for Health Care Administration Florida State
  852  Rural Development Council.
  853         19. The Institute of Food and Agricultural Sciences (IFAS).
  854  
  855  An alternate for each designee shall also be chosen, and the
  856  names of the designees and alternates shall be sent to the
  857  director of the Office of Tourism, Trade, and Economic
  858  Development.
  859         (b) Each REDI representative must have comprehensive
  860  knowledge of his or her agency’s functions, both regulatory and
  861  service in nature, and of the state’s economic goals, policies,
  862  and programs. This person shall be the primary point of contact
  863  for his or her agency with REDI on issues and projects relating
  864  to economically distressed rural communities and with regard to
  865  expediting project review, shall ensure a prompt effective
  866  response to problems arising with regard to rural issues, and
  867  shall work closely with the other REDI representatives in the
  868  identification of opportunities for preferential awards of
  869  program funds and allowances and waiver of program requirements
  870  when necessary to encourage and facilitate long-term private
  871  capital investment and job creation.
  872         (c) The REDI representatives shall work with REDI in the
  873  review and evaluation of statutes and rules for adverse impact
  874  on rural communities and the development of alternative
  875  proposals to mitigate that impact.
  876         (d) Each REDI representative shall be responsible for
  877  ensuring that each district office or facility of his or her
  878  agency is informed about the Rural Economic Development
  879  Initiative and for providing assistance throughout the agency in
  880  the implementation of REDI activities.
  881         (7)(a) REDI may recommend to the Governor up to three rural
  882  areas of critical economic concern. A rural area of critical
  883  economic concern must be a rural community, or a region composed
  884  of such, that has been adversely affected by an extraordinary
  885  economic event or a natural disaster or that presents a unique
  886  economic development opportunity of regional impact that will
  887  create more than 1,000 jobs over a 5-year period. The Governor
  888  may by executive order designate up to three rural areas of
  889  critical economic concern which will establish these areas as
  890  priority assignments for REDI as well as to allow the Governor,
  891  acting through REDI, to waive criteria, requirements, or similar
  892  provisions of any economic development incentive. Such
  893  incentives shall include, but not be limited to: the Qualified
  894  Target Industry Tax Refund Program under s. 288.106, the Quick
  895  Response Training Program under s. 288.047, the Quick Response
  896  Training Program for participants in the welfare transition
  897  program under s. 288.047(8), transportation projects under s.
  898  288.063, the brownfield redevelopment bonus refund under s.
  899  288.107, and the rural job tax credit program under ss. 212.098
  900  and 220.1895.
  901         (b) Designation as a rural area of critical economic
  902  concern under this subsection shall be contingent upon the
  903  execution of a memorandum of agreement among the Office of
  904  Tourism, Trade, and Economic Development; the governing body of
  905  the county; and the governing bodies of any municipalities to be
  906  included within a rural area of critical economic concern. Such
  907  agreement shall specify the terms and conditions of the
  908  designation, including, but not limited to, the duties and
  909  responsibilities of the county and any participating
  910  municipalities to take actions designed to facilitate the
  911  retention and expansion of existing businesses in the area, as
  912  well as the recruitment of new businesses to the area.
  913         (c)Each rural area of critical economic concern may
  914  designate catalyst projects, provided that each catalyst project
  915  is specifically recommended by REDI, identified as a catalyst
  916  project by Enterprise Florida, Inc., and confirmed as a catalyst
  917  project by the Office of Tourism, Trade, and Economic
  918  Development. All state agencies and departments shall use all
  919  available tools and resources to the extent permissible by law
  920  to promote the creation and development of each catalyst project
  921  and the development of catalyst sites.
  922         (8)REDI shall assist local governments within rural areas
  923  of critical economic concern with comprehensive planning needs
  924  that further the provisions of this section. Such assistance
  925  shall reflect a multidisciplinary approach among all agencies
  926  and include economic development and planning objectives.
  927         (a)A local government may request assistance in the
  928  preparation of comprehensive plan amendments, pursuant to part
  929  II of chapter 163, which will stimulate economic activity.
  930         1.The local government must contact the Office of Tourism,
  931  Trade, and Economic Development to request assistance.
  932         2.REDI representatives shall meet with the local
  933  government within 15 days after such request to develop the
  934  scope of assistance that will be provided for the development,
  935  transmittal, and adoption of the proposed comprehensive plan
  936  amendment.
  937         3.As part of the assistance provided, REDI representatives
  938  shall also identify other needed local and developer actions for
  939  approval of the project and recommend a timeline for the local
  940  government and developer that will minimize project delays.
  941         (b)In addition, each year REDI shall solicit requests for
  942  assistance from local governments within a rural area of
  943  critical economic concern to update the future land use element
  944  and other associated elements of the local government’s
  945  comprehensive plan to better position the community to respond
  946  to economic development potential within the county or
  947  municipality. REDI shall provide direct assistance to such local
  948  governments to update their comprehensive plans pursuant to this
  949  paragraph. At least one comprehensive planning technical
  950  assistance effort shall be selected each year.
  951         (c)REDI shall develop and annually update a technical
  952  assistance manual based upon experiences learned in providing
  953  direct assistance under this subsection.
  954         (9)(8) REDI shall submit a report to the Governor, the
  955  President of the Senate, and the Speaker of the House of
  956  Representatives each year on or before September February 1 on
  957  all REDI activities for the prior fiscal year. This report shall
  958  include a status report on all projects currently being
  959  coordinated through REDI, the number of preferential awards and
  960  allowances made pursuant to this section, the dollar amount of
  961  such awards, and the names of the recipients. The report shall
  962  also include a description of all waivers of program
  963  requirements granted. The report shall also include information
  964  as to the economic impact of the projects coordinated by REDI,
  965  and recommendations based on the review and evaluation of
  966  statutes and rules having an adverse impact on rural
  967  communities, and proposals to mitigate such adverse impacts.
  968         Section 9. Section 288.06561, Florida Statutes, is amended
  969  to read:
  970         288.06561 Reduction or waiver of financial match
  971  requirements.—Notwithstanding any other law, the member agencies
  972  and organizations of the Rural Economic Development Initiative
  973  (REDI), as defined in s. 288.0656(6)(a), shall review the
  974  financial match requirements for projects in rural areas as
  975  defined in s. 288.0656(2)(b).
  976         (1) Each agency and organization shall develop a proposal
  977  to waive or reduce the match requirement for rural areas.
  978         (2) Agencies and organizations shall ensure that all
  979  proposals are submitted to the Office of Tourism, Trade, and
  980  Economic Development for review by the REDI agencies.
  981         (3) These proposals shall be delivered to the Office of
  982  Tourism, Trade, and Economic Development for distribution to the
  983  REDI agencies and organizations. A meeting of REDI agencies and
  984  organizations must be called within 30 days after receipt of
  985  such proposals for REDI comment and recommendations on each
  986  proposal.
  987         (4) Waivers and reductions must be requested by the county
  988  or community, and such county or community must have three or
  989  more of the factors identified in s. 288.0656(2)(c)(a).
  990         (5) Any other funds available to the project may be used
  991  for financial match of federal programs when there is fiscal
  992  hardship, and the match requirements may not be waived or
  993  reduced.
  994         (6) When match requirements are not reduced or eliminated,
  995  donations of land, though usually not recognized as an in-kind
  996  match, may be permitted.
  997         (7) To the fullest extent possible, agencies and
  998  organizations shall expedite the rule adoption and amendment
  999  process if necessary to incorporate the reduction in match by
 1000  rural areas in fiscal distress.
 1001         (8) REDI shall include in its annual report an evaluation
 1002  on the status of changes to rules, number of awards made with
 1003  waivers, and recommendations for future changes.
 1004         Section 10. Subsection (1) of section 288.0657, Florida
 1005  Statutes, is amended to read:
 1006         288.0657 Florida rural economic development strategy
 1007  grants.—
 1008         (1) As used in this section, the term “rural community”
 1009  means:
 1010         (a) A county with a population of 75,000 or fewer less.
 1011         (b) A county with a population of 125,000 100,000 or fewer
 1012  which less that is contiguous to a county with a population of
 1013  75,000 or fewer less.
 1014         (c) A municipality within a county described in paragraph
 1015  (a) or paragraph (b).
 1016  
 1017  For purposes of this subsection, population shall be determined
 1018  in accordance with the most recent official estimate pursuant to
 1019  s. 186.901.
 1020         Section 11. Paragraph (c) of subsection (2), paragraphs
 1021  (a), (e), (f), (g), (h), (i), (j), and (k) of subsection (3),
 1022  and paragraph (c) of subsection (5) of section 288.1045, Florida
 1023  Statutes, are amended to read:
 1024         288.1045 Qualified defense contractor and space flight
 1025  business tax refund program.—
 1026         (2) GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.—
 1027         (c) A qualified applicant may not receive more than $5 $7.5
 1028  million in tax refunds pursuant to this section in all fiscal
 1029  years.
 1030         (3) APPLICATION PROCESS; REQUIREMENTS; AGENCY
 1031  DETERMINATION.—
 1032         (a) To apply for certification as a qualified applicant
 1033  pursuant to this section, an applicant must file an application
 1034  with the office which satisfies the requirements of paragraphs
 1035  (b) and (e), paragraphs (c) and (e), paragraphs (d) and (e), or
 1036  paragraphs (e) and (j) (k). An applicant may not apply for
 1037  certification pursuant to this section after a proposal has been
 1038  submitted for a new Department of Defense contract, after the
 1039  applicant has made the decision to consolidate an existing
 1040  Department of Defense contract in this state for which such
 1041  applicant is seeking certification, after a proposal has been
 1042  submitted for a new space flight business contract in this
 1043  state, after the applicant has made the decision to consolidate
 1044  an existing space flight business contract in this state for
 1045  which such applicant is seeking certification, or after the
 1046  applicant has made the decision to convert defense production
 1047  jobs to nondefense production jobs for which such applicant is
 1048  seeking certification.
 1049         (e) To qualify for review by the office, the application of
 1050  an applicant must, at a minimum, establish the following to the
 1051  satisfaction of the office:
 1052         1. The jobs proposed to be provided under the application,
 1053  pursuant to subparagraph (b)6., subparagraph (c)6., or
 1054  subparagraph (j)(k)6., must pay an estimated annual average wage
 1055  equaling at least 115 percent of the average wage in the area
 1056  where the project is to be located.
 1057         2. The consolidation of a Department of Defense contract
 1058  must result in a net increase of at least 25 percent in the
 1059  number of jobs at the applicant’s facilities in this state or
 1060  the addition of at least 80 jobs at the applicant’s facilities
 1061  in this state.
 1062         3. The conversion of defense production jobs to nondefense
 1063  production jobs must result in net increases in nondefense
 1064  employment at the applicant’s facilities in this state.
 1065         4. The Department of Defense contract or the space flight
 1066  business contract cannot allow the business to include the costs
 1067  of relocation or retooling in its base as allowable costs under
 1068  a cost-plus, or similar, contract.
 1069         5. A business unit of the applicant must have derived not
 1070  less than 60 percent of its gross receipts in this state from
 1071  Department of Defense contracts or space flight business
 1072  contracts over the applicant’s last fiscal year, and must have
 1073  derived not less than an average of 60 percent of its gross
 1074  receipts in this state from Department of Defense contracts or
 1075  space flight business contracts over the 5 years preceding the
 1076  date an application is submitted pursuant to this section. This
 1077  subparagraph does not apply to any application for certification
 1078  based on a contract for reuse of a defense-related facility.
 1079         6. The reuse of a defense-related facility must result in
 1080  the creation of at least 100 jobs at such facility.
 1081         7. A new space flight business contract or the
 1082  consolidation of a space flight business contract must result in
 1083  net increases in space flight business employment at the
 1084  applicant’s facilities in this state.
 1085         (f) Each application meeting the requirements of paragraphs
 1086  (b) and (e), paragraphs (c) and (e), paragraphs (d) and (e), or
 1087  paragraphs (e) and (j) (k) must be submitted to the office for a
 1088  determination of eligibility. The office shall review and
 1089  evaluate each application based on, but not limited to, the
 1090  following criteria:
 1091         1. Expected contributions to the state strategic economic
 1092  development plan adopted by Enterprise Florida, Inc., taking
 1093  into account the extent to which the project contributes to the
 1094  state’s high-technology base, and the long-term impact of the
 1095  project and the applicant on the state’s economy.
 1096         2. The economic benefit of the jobs created or retained by
 1097  the project in this state, taking into account the cost and
 1098  average wage of each job created or retained, and the potential
 1099  risk to existing jobs.
 1100         3. The amount of capital investment to be made by the
 1101  applicant in this state.
 1102         4. The local commitment and support for the project and
 1103  applicant.
 1104         5. The impact of the project on the local community, taking
 1105  into account the unemployment rate for the county where the
 1106  project will be located.
 1107         6. The dependence of the local community on the defense
 1108  industry or space flight business.
 1109         7. The impact of any tax refunds granted pursuant to this
 1110  section on the viability of the project and the probability that
 1111  the project will occur in this state if such tax refunds are
 1112  granted to the applicant, taking into account the expected long
 1113  term commitment of the applicant to economic growth and
 1114  employment in this state.
 1115         8. The length of the project, or the expected long-term
 1116  commitment to this state resulting from the project.
 1117         (g) Applications shall be reviewed and certified pursuant
 1118  to s. 288.061. The office shall forward its written findings and
 1119  evaluation on each application meeting the requirements of
 1120  paragraphs (b) and (e), paragraphs (c) and (e), paragraphs (d)
 1121  and (e), or paragraphs (e) and (k) to the director within 60
 1122  calendar days after receipt of a complete application. The
 1123  office shall notify each applicant when its application is
 1124  complete, and when the 60-day period begins. In its written
 1125  report to the director, the office shall specifically address
 1126  each of the factors specified in paragraph (f), and shall make a
 1127  specific assessment with respect to the minimum requirements
 1128  established in paragraph (e). The office shall include in its
 1129  report projections of the tax refunds the applicant would be
 1130  eligible to receive in each fiscal year based on the creation
 1131  and maintenance of the net new Florida jobs specified in
 1132  subparagraph (b)6., subparagraph (c)6., subparagraph (d)7., or
 1133  subparagraph (k)6. as of December 31 of the preceding state
 1134  fiscal year.
 1135         (h)Within 30 days after receipt of the office’s findings
 1136  and evaluation, the director shall issue a letter of
 1137  certification which either approves or disapproves an
 1138  application. The decision must be in writing and provide the
 1139  justifications for either approval or disapproval. If
 1140  appropriate, the director shall enter into a written agreement
 1141  with the qualified applicant pursuant to subsection (4).
 1142         (h)(i) The director may not certify any applicant as a
 1143  qualified applicant when the value of tax refunds to be included
 1144  in that letter of certification exceeds the available amount of
 1145  authority to certify new businesses as determined in s.
 1146  288.095(3). A letter of certification that approves an
 1147  application must specify the maximum amount of a tax refund that
 1148  is to be available to the contractor for each fiscal year and
 1149  the total amount of tax refunds for all fiscal years.
 1150         (i)(j) This section does not create a presumption that an
 1151  applicant should receive any tax refunds under this section.
 1152         (j)(k) Applications for certification based upon a new
 1153  space flight business contract or the consolidation of a space
 1154  flight business contract must be submitted to the office as
 1155  prescribed by the office and must include, but are not limited
 1156  to, the following information:
 1157         1. The applicant’s federal employer identification number,
 1158  the applicant’s Florida sales tax registration number, and a
 1159  signature of an officer of the applicant.
 1160         2. The permanent location of the space flight business
 1161  facility in this state where the project is or will be located.
 1162         3. The new space flight business contract number, the space
 1163  flight business contract numbers of the contract to be
 1164  consolidated, or the request-for-proposal number of a proposed
 1165  space flight business contract.
 1166         4. The date the contract was executed and the date the
 1167  contract is due to expire, is expected to expire, or was
 1168  canceled.
 1169         5. The commencement date for project operations under the
 1170  contract in this state.
 1171         6. The number of net new full-time equivalent Florida jobs
 1172  included in the project as of December 31 of each year and the
 1173  average wage of such jobs.
 1174         7. The total number of full-time equivalent employees
 1175  employed by the applicant in this state.
 1176         8. The percentage of the applicant’s gross receipts derived
 1177  from space flight business contracts during the 5 taxable years
 1178  immediately preceding the date the application is submitted.
 1179         9. The number of full-time equivalent jobs in this state to
 1180  be retained by the project.
 1181         10. A brief statement concerning the applicant’s need for
 1182  tax refunds and the proposed uses of such refunds by the
 1183  applicant.
 1184         11. A resolution adopted by the governing board of the
 1185  county or municipality in which the project will be located
 1186  which recommends the applicant be approved as a qualified
 1187  applicant and indicates that the necessary commitments of local
 1188  financial support for the applicant exist. Prior to the adoption
 1189  of the resolution, the county commission may review the proposed
 1190  public or private sources of such support and determine whether
 1191  the proposed sources of local financial support can be provided
 1192  or, for any applicant whose project is located in a county
 1193  designated by the Rural Economic Development Initiative, a
 1194  resolution adopted by the county commissioners of such county
 1195  requesting that the applicant’s project be exempt from the local
 1196  financial support requirement.
 1197         12. Any additional information requested by the office.
 1198         (5) ANNUAL CLAIM FOR REFUND.—
 1199         (c) A tax refund may not be approved for any qualified
 1200  applicant unless local financial support has been paid to the
 1201  Economic Development Trust Fund for that refund. If the local
 1202  financial support is less than 20 percent of the approved tax
 1203  refund, the tax refund shall be reduced. The tax refund paid may
 1204  not exceed 5 times the local financial support received. Funding
 1205  from local sources includes tax abatement under s. 196.1995 or
 1206  the appraised market value of municipal or county land,
 1207  including any improvements or structures, conveyed or provided
 1208  at a discount through a sale or lease to that applicant. The
 1209  amount of any tax refund for an applicant approved under this
 1210  section shall be reduced by the amount of any such tax abatement
 1211  granted or the value of the land granted, including the value of
 1212  any improvements or structures; and the limitations in
 1213  subsection (2) and paragraph (3)(h) shall be reduced by the
 1214  amount of any such tax abatement or the value of the land
 1215  granted, including any improvements or structures. A report
 1216  listing all sources of the local financial support shall be
 1217  provided to the office when such support is paid to the Economic
 1218  Development Trust Fund.
 1219         Section 12. Paragraphs (k) and (t) of subsection (1),
 1220  subsection (3), paragraph (b) of subsection (4), paragraph (c)
 1221  of subsection (5), and subsection (8) of section 288.106,
 1222  Florida Statutes, are amended to read:
 1223         288.106 Tax refund program for qualified target industry
 1224  businesses.—
 1225         (1) DEFINITIONS.—As used in this section:
 1226         (k) “Local financial support exemption option” means the
 1227  option to exercise an exemption from the local financial support
 1228  requirement available to any applicant whose project is located
 1229  in a brownfield area or a county with a population of 75,000 or
 1230  fewer or a county with a population of 125,000 100,000 or fewer
 1231  which is contiguous to a county with a population of 75,000 or
 1232  fewer. Any applicant that exercises this option shall not be
 1233  eligible for more than 80 percent of the total tax refunds
 1234  allowed such applicant under this section.
 1235         (t) “Rural community” means:
 1236         1. A county with a population of 75,000 or fewer less.
 1237         2. A county with a population of 125,000 100,000 or fewer
 1238  which less that is contiguous to a county with a population of
 1239  75,000 or fewer less.
 1240         3. A municipality within a county described in subparagraph
 1241  1. or subparagraph 2.
 1242  
 1243  For purposes of this paragraph, population shall be determined
 1244  in accordance with the most recent official estimate pursuant to
 1245  s. 186.901.
 1246         (3) APPLICATION AND APPROVAL PROCESS.—
 1247         (a) To apply for certification as a qualified target
 1248  industry business under this section, the business must file an
 1249  application with the office before the business has made the
 1250  decision to locate a new business in this state or before the
 1251  business had made the decision to expand an existing business in
 1252  this state. The application shall include, but is not limited
 1253  to, the following information:
 1254         1. The applicant’s federal employer identification number
 1255  and the applicant’s state sales tax registration number.
 1256         2. The permanent location of the applicant’s facility in
 1257  this state at which the project is or is to be located.
 1258         3. A description of the type of business activity or
 1259  product covered by the project, including four-digit SIC codes
 1260  for all activities included in the project.
 1261         4. The number of net new full-time equivalent Florida jobs
 1262  at the qualified target industry business as of December 31 of
 1263  each year included in the project and the average wage of those
 1264  jobs. If more than one type of business activity or product is
 1265  included in the project, the number of jobs and average wage for
 1266  those jobs must be separately stated for each type of business
 1267  activity or product.
 1268         5. The total number of full-time equivalent employees
 1269  employed by the applicant in this state.
 1270         6. The anticipated commencement date of the project.
 1271         7. A brief statement concerning the role that the tax
 1272  refunds requested will play in the decision of the applicant to
 1273  locate or expand in this state.
 1274         8. An estimate of the proportion of the sales resulting
 1275  from the project that will be made outside this state.
 1276         9. A resolution adopted by the governing board of the
 1277  county or municipality in which the project will be located,
 1278  which resolution recommends that certain types of businesses be
 1279  approved as a qualified target industry business and states that
 1280  the commitments of local financial support necessary for the
 1281  target industry business exist. In advance of the passage of
 1282  such resolution, the office may also accept an official letter
 1283  from an authorized local economic development agency that
 1284  endorses the proposed target industry project and pledges that
 1285  sources of local financial support for such project exist. For
 1286  the purposes of making pledges of local financial support under
 1287  this subsection, the authorized local economic development
 1288  agency shall be officially designated by the passage of a one
 1289  time resolution by the local governing authority.
 1290         10. Any additional information requested by the office.
 1291         (b) To qualify for review by the office, the application of
 1292  a target industry business must, at a minimum, establish the
 1293  following to the satisfaction of the office:
 1294         1. The jobs proposed to be provided under the application,
 1295  pursuant to subparagraph (a)4., must pay an estimated annual
 1296  average wage equaling at least 115 percent of the average
 1297  private sector wage in the area where the business is to be
 1298  located or the statewide private sector average wage. In
 1299  determining the average annual wage, the office shall include
 1300  only new proposed jobs, and wages for existing jobs shall be
 1301  excluded from this calculation. The office may waive the this
 1302  average wage requirement at the request of the local governing
 1303  body recommending the project and Enterprise Florida, Inc. The
 1304  wage requirement may only be waived for a project located in a
 1305  brownfield area designated under s. 376.80 or in a rural city or
 1306  county or in an enterprise zone and only when the merits of the
 1307  individual project or the specific circumstances in the
 1308  community in relationship to the project warrant such action. If
 1309  the local governing body and Enterprise Florida, Inc., make such
 1310  a recommendation, it must be transmitted in writing and the
 1311  specific justification for the waiver recommendation must be
 1312  explained. If the director elects to waive the wage requirement,
 1313  the waiver must be stated in writing and the reasons for
 1314  granting the waiver must be explained.
 1315         2. The target industry business’s project must result in
 1316  the creation of at least 10 jobs at such project and, if an
 1317  expansion of an existing business, must result in a net increase
 1318  in employment of at least not less than 10 percent at the such
 1319  business. Notwithstanding the definition of the term “expansion
 1320  of an existing business” in paragraph (1)(g), at the request of
 1321  the local governing body recommending the project and Enterprise
 1322  Florida, Inc., the office may define an “expansion of an
 1323  existing business” in a rural community or an enterprise zone as
 1324  the expansion of a business resulting in a net increase in
 1325  employment of less than 10 percent at such business if the
 1326  merits of the individual project or the specific circumstances
 1327  in the community in relationship to the project warrant such
 1328  action. If the local governing body and Enterprise Florida,
 1329  Inc., make such a request, the request it must be transmitted in
 1330  writing and the specific justification for the request must be
 1331  explained. If the director elects to grant the such request, the
 1332  grant such election must be stated in writing and the reason for
 1333  granting the request must be explained.
 1334         3. The business activity or product for the applicant’s
 1335  project is within an industry or industries that have been
 1336  identified by the office to be high-value-added industries that
 1337  contribute to the area and to the economic growth of the state
 1338  and that produce a higher standard of living for residents
 1339  citizens of this state in the new global economy or that can be
 1340  shown to make an equivalent contribution to the area and state’s
 1341  economic progress. The director must approve requests to waive
 1342  the wage requirement for brownfield areas designated under s.
 1343  376.80 unless it is demonstrated that such action is not in the
 1344  public interest.
 1345         (c) Each application meeting the requirements of paragraph
 1346  (b) must be submitted to the office for determination of
 1347  eligibility. The office shall review and evaluate each
 1348  application based on, but not limited to, the following
 1349  criteria:
 1350         1. Expected contributions to the state strategic economic
 1351  development plan adopted by Enterprise Florida, Inc., taking
 1352  into account the long-term effects of the project and of the
 1353  applicant on the state economy.
 1354         2. The economic benefit of the jobs created by the project
 1355  in this state, taking into account the cost and average wage of
 1356  each job created.
 1357         3. The amount of capital investment to be made by the
 1358  applicant in this state.
 1359         4. The local commitment and support for the project.
 1360         5. The effect of the project on the local community, taking
 1361  into account the unemployment rate for the county where the
 1362  project will be located.
 1363         6. The effect of any tax refunds granted pursuant to this
 1364  section on the viability of the project and the probability that
 1365  the project will be undertaken in this state if such tax refunds
 1366  are granted to the applicant, taking into account the expected
 1367  long-term commitment of the applicant to economic growth and
 1368  employment in this state.
 1369         7. The expected long-term commitment to this state
 1370  resulting from the project.
 1371         8. A review of the business’s past activities in this state
 1372  or other states, including whether such business has been
 1373  subjected to criminal or civil fines and penalties. Nothing in
 1374  This subparagraph does not shall require the disclosure of
 1375  confidential information.
 1376         (d) Applications shall be reviewed and certified pursuant
 1377  to s. 288.061. The office shall forward its written findings and
 1378  evaluation concerning each application meeting the requirements
 1379  of paragraph (b) to the director within 45 calendar days after
 1380  receipt of a complete application. The office shall notify each
 1381  target industry business when its application is complete, and
 1382  of the time when the 45-day period begins. In its written report
 1383  to the director, the office shall specifically address each of
 1384  the factors specified in paragraph (c) and shall make a specific
 1385  assessment with respect to the minimum requirements established
 1386  in paragraph (b). The office shall include in its review report
 1387  projections of the tax refunds the business would be eligible to
 1388  receive in each fiscal year based on the creation and
 1389  maintenance of the net new Florida jobs specified in
 1390  subparagraph (a)4. as of December 31 of the preceding state
 1391  fiscal year.
 1392         (e)1.Within 30 days after receipt of the office’s findings
 1393  and evaluation, the director shall issue a letter of
 1394  certification that either approves or disapproves the
 1395  application of the target industry business. The decision must
 1396  be in writing and must provide the justifications for approval
 1397  or disapproval.
 1398         2. If appropriate, the director shall enter into a written
 1399  agreement with the qualified target industry business pursuant
 1400  to subsection (4).
 1401         (e)(f) The director may not certify any target industry
 1402  business as a qualified target industry business if the value of
 1403  tax refunds to be included in that letter of certification
 1404  exceeds the available amount of authority to certify new
 1405  businesses as determined in s. 288.095(3). However, if the
 1406  commitments of local financial support represent less than 20
 1407  percent of the eligible tax refund payments, or to otherwise
 1408  preserve the viability and fiscal integrity of the program, the
 1409  director may certify a qualified target industry business to
 1410  receive tax refund payments of less than the allowable amounts
 1411  specified in paragraph (2)(b). A letter of certification that
 1412  approves an application must specify the maximum amount of tax
 1413  refund that will be available to the qualified industry business
 1414  in each fiscal year and the total amount of tax refunds that
 1415  will be available to the business for all fiscal years.
 1416         (f)(g)Nothing in This section does not shall create a
 1417  presumption that an applicant shall will receive any tax refunds
 1418  under this section. However, the office may issue nonbinding
 1419  opinion letters, upon the request of prospective applicants, as
 1420  to the applicants’ eligibility and the potential amount of
 1421  refunds.
 1422         (4) TAX REFUND AGREEMENT.—
 1423         (b) Compliance with the terms and conditions of the
 1424  agreement is a condition precedent for the receipt of a tax
 1425  refund each year. The failure to comply with the terms and
 1426  conditions of the tax refund agreement results in the loss of
 1427  eligibility for receipt of all tax refunds previously authorized
 1428  under this section and the revocation by the director of the
 1429  certification of the business entity as a qualified target
 1430  industry business, unless the business is eligible to receive
 1431  and elects to accept a prorated refund under paragraph (5)(d) or
 1432  the office grants the business an economic-stimulus exemption.
 1433         1. A qualified target industry business may submit, in
 1434  writing, a request to the office for an economic-stimulus
 1435  exemption. The request must provide quantitative evidence
 1436  demonstrating how negative economic conditions in the business’s
 1437  industry, the effects of the impact of a named hurricane or
 1438  tropical storm, or specific acts of terrorism affecting the
 1439  qualified target industry business have prevented the business
 1440  from complying with the terms and conditions of its tax refund
 1441  agreement.
 1442         2. Upon receipt of a request under subparagraph 1., the
 1443  director shall have 45 days to notify the requesting business,
 1444  in writing, if its exemption has been granted or denied. In
 1445  determining if an exemption should be granted, the director
 1446  shall consider the extent to which negative economic conditions
 1447  in the requesting business’s industry have occurred in the state
 1448  or, the effects of the impact of a named hurricane or tropical
 1449  storm, or specific acts of terrorism affecting the qualified
 1450  target industry business have prevented the business from
 1451  complying with the terms and conditions of its tax refund
 1452  agreement. The office shall consider current employment
 1453  statistics for this state by industry, including whether the
 1454  business’s industry had substantial job loss during the prior
 1455  year, when determining whether an exemption shall be granted.
 1456         3. As a condition for receiving a prorated refund under
 1457  paragraph (5)(d) or an economic-stimulus exemption under this
 1458  paragraph, a qualified target industry business must agree to
 1459  renegotiate its tax refund agreement with the office to, at a
 1460  minimum, ensure that the terms of the agreement comply with
 1461  current law and office procedures governing application for and
 1462  award of tax refunds. Upon approving the award of a prorated
 1463  refund or granting an economic-stimulus exemption, the office
 1464  shall renegotiate the tax refund agreement with the business as
 1465  required by this subparagraph. When amending the agreement of a
 1466  business receiving an economic-stimulus exemption, the office
 1467  may extend the duration of the agreement for a period not to
 1468  exceed 2 years.
 1469         4. A qualified target industry business may submit a
 1470  request for an economic-stimulus exemption to the office in lieu
 1471  of any tax refund claim scheduled to be submitted after January
 1472  1, 2009 2005, but before July 1, 2011 2006.
 1473         5. A qualified target industry business that receives an
 1474  economic-stimulus exemption may not receive a tax refund for the
 1475  period covered by the exemption.
 1476         (5) ANNUAL CLAIM FOR REFUND.—
 1477         (c) A tax refund may not be approved for a qualified target
 1478  industry business unless the required local financial support
 1479  has been paid into the account for that refund. If the local
 1480  financial support provided is less than 20 percent of the
 1481  approved tax refund, the tax refund must be reduced. In no event
 1482  may the tax refund exceed an amount that is equal to 5 times the
 1483  amount of the local financial support received. Further, funding
 1484  from local sources includes any tax abatement granted to that
 1485  business under s. 196.1995 or the appraised market value of
 1486  municipal or county land conveyed or provided at a discount to
 1487  that business. The amount of any tax refund for such business
 1488  approved under this section must be reduced by the amount of any
 1489  such tax abatement granted or the value of the land granted; and
 1490  the limitations in subsection (2) and paragraph (3)(e)(f) must
 1491  be reduced by the amount of any such tax abatement or the value
 1492  of the land granted. A report listing all sources of the local
 1493  financial support shall be provided to the office when such
 1494  support is paid to the account.
 1495         (8) EXPIRATION.—An applicant may not be certified as
 1496  qualified under this section after June 30, 2010. A tax refund
 1497  agreement existing on that date shall continue in effect in
 1498  accordance with its terms.
 1499         Section 13. Paragraph (e) of subsection (1), paragraph (b)
 1500  of subsection (3), and paragraph (f) of subsection (4) of
 1501  section 288.107, Florida Statutes, are amended, and paragraph
 1502  (e) is added to subsection (3) of that section, to read:
 1503         288.107 Brownfield redevelopment bonus refunds.—
 1504         (1) Definitions.— As used in this section:
 1505         (e) “Eligible business” means:
 1506         1. A qualified target industry business as defined in s.
 1507  288.106(1)(o); or
 1508         2. A business that can demonstrate a fixed capital
 1509  investment of at least $2 million in mixed-use business
 1510  activities, including multiunit housing, commercial, retail, and
 1511  industrial in brownfield areas, or at least $500,000 in
 1512  brownfield areas that do not require site cleanup, and which
 1513  provides benefits to its employees.
 1514         (3) CRITERIA.—The minimum criteria for participation in the
 1515  brownfield redevelopment bonus refund are:
 1516         (b) The completion of a fixed capital investment of at
 1517  least $2 million in mixed-use business activities, including
 1518  multiunit housing, commercial, retail, and industrial in
 1519  brownfield areas, or at least $500,000 in brownfield areas that
 1520  do not require site cleanup, by an eligible business applying
 1521  for a refund under paragraph (2)(b) which provides benefits to
 1522  its employees.
 1523         (e)A resolution adopted by the governing board of the
 1524  county or municipality in which the project will be located that
 1525  recommends that certain types of businesses be approved.
 1526         (4) PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.—
 1527         (f) Applications shall be reviewed and certified pursuant
 1528  to s. 288.061. The office shall review all applications
 1529  submitted under s. 288.106 or other similar application forms
 1530  for other eligible businesses as defined in paragraph (1)(e)
 1531  which indicate that the proposed project will be located in a
 1532  brownfield and determine, with the assistance of the Department
 1533  of Environmental Protection, that the project location is within
 1534  a brownfield as provided in this act.
 1535         Section 14. Paragraphs (b), (c), and (d) of subsection (5)
 1536  and subsections (7) and (8) of section 288.108, Florida
 1537  Statutes, are amended to read:
 1538         288.108 High-impact business.—
 1539         (5) APPLICATIONS; CERTIFICATION PROCESS; GRANT AGREEMENT.—
 1540         (b) Applications shall be reviewed and certified pursuant
 1541  to s. 288.061. Enterprise Florida, Inc., shall review each
 1542  submitted application and inform the applicant business whether
 1543  or not its application is complete within 10 working days. Once
 1544  the application is deemed complete, Enterprise Florida, Inc.,
 1545  has 10 working days within which to evaluate the application and
 1546  recommend approval or disapproval of the application to the
 1547  director. In recommending an applicant business for approval,
 1548  Enterprise Florida, Inc., shall include a recommended grant
 1549  award amount in its evaluation forwarded to the office.
 1550         (c)Upon receipt of the evaluation and recommendation of
 1551  Enterprise Florida, Inc., the director has 5 working days to
 1552  enter a final order that either approves or disapproves an
 1553  applicant business as a qualified high-impact business facility,
 1554  unless the business requests an extension of the time. The final
 1555  order shall specify the total amount of the qualified high
 1556  impact business facility performance grant award, the
 1557  performance conditions that must be met to obtain the award, and
 1558  the schedule for payment of the performance grant.
 1559         (c)(d) The director and the qualified high-impact business
 1560  shall enter into a performance grant agreement setting forth the
 1561  conditions for payment of the qualified high-impact business
 1562  performance grant. The agreement shall include the total amount
 1563  of the qualified high-impact business facility performance grant
 1564  award, the performance conditions that must be met to obtain the
 1565  award, including the employment, average salary, investment, the
 1566  methodology for determining if the conditions have been met, and
 1567  the schedule of performance grant payments.
 1568         (7)REPORTING.—The office shall by December 1 of each year
 1569  issue a complete and detailed report of all designated high
 1570  impact sectors, all applications received and their disposition,
 1571  all final orders issued, and all payments made, including
 1572  analyses of benefits and costs, types of projects supported, and
 1573  employment and investments created. The report shall be
 1574  submitted to the Governor, the President of the Senate, and the
 1575  Speaker of the House of Representatives.
 1576         (7)(8) RULEMAKING.—The office may adopt rules necessary to
 1577  carry out the provisions of this section.
 1578         Section 15. Paragraphs (a), (b), and (c) of subsection (3)
 1579  of section 288.1088, Florida Statutes, are amended to read:
 1580         288.1088 Quick Action Closing Fund.—
 1581         (3)(a) Enterprise Florida, Inc., shall review applications
 1582  pursuant to s. 288.061 and determine eligibility of each project
 1583  consistent with the criteria in subsection (2). Enterprise
 1584  Florida, Inc., in consultation with the Office of Tourism,
 1585  Trade, and Economic Development, may waive these criteria based
 1586  on extraordinary circumstances or in rural areas of critical
 1587  economic concern if the project would significantly benefit the
 1588  local or regional economy. Enterprise Florida, Inc., shall
 1589  evaluate individual proposals for high-impact business
 1590  facilities and forward recommendations regarding the use of
 1591  moneys in the fund for such facilities to the director of the
 1592  Office of Tourism, Trade, and Economic Development. Such
 1593  evaluation and recommendation must include, but need not be
 1594  limited to:
 1595         1. A description of the type of facility or infrastructure,
 1596  its operations, and the associated product or service associated
 1597  with the facility.
 1598         2. The number of full-time-equivalent jobs that will be
 1599  created by the facility and the total estimated average annual
 1600  wages of those jobs or, in the case of privately developed rural
 1601  infrastructure, the types of business activities and jobs
 1602  stimulated by the investment.
 1603         3. The cumulative amount of investment to be dedicated to
 1604  the facility within a specified period.
 1605         4. A statement of any special impacts the facility is
 1606  expected to stimulate in a particular business sector in the
 1607  state or regional economy or in the state’s universities and
 1608  community colleges.
 1609         5. A statement of the role the incentive is expected to
 1610  play in the decision of the applicant business to locate or
 1611  expand in this state or for the private investor to provide
 1612  critical rural infrastructure.
 1613         6. A report evaluating the quality and value of the company
 1614  submitting a proposal. The report must include:
 1615         a. A financial analysis of the company, including an
 1616  evaluation of the company’s short-term liquidity ratio as
 1617  measured by its assets to liability, the company’s profitability
 1618  ratio, and the company’s long-term solvency as measured by its
 1619  debt-to-equity ratio;
 1620         b. The historical market performance of the company;
 1621         c. A review of any independent evaluations of the company;
 1622         d. A review of the latest audit of the company’s financial
 1623  statement and the related auditor’s management letter; and
 1624         e. A review of any other types of audits that are related
 1625  to the internal and management controls of the company.
 1626         (b) Within 22 calendar days after receiving Upon receipt of
 1627  the evaluation and recommendation from Enterprise Florida, Inc.,
 1628  the director shall recommend to the Governor approval or
 1629  disapproval of a project for receipt of funds from the Quick
 1630  Action Closing Fund to the Governor. In recommending a project,
 1631  the director shall include proposed performance conditions that
 1632  the project must meet to obtain incentive funds. The Governor
 1633  shall provide the evaluation of projects recommended for
 1634  approval to the President of the Senate and the Speaker of the
 1635  House of Representatives and consult with the President of the
 1636  Senate and the Speaker of the House of Representatives before
 1637  giving final approval for a project. The Executive Office of the
 1638  Governor shall recommend approval of a project and the release
 1639  of funds pursuant to the legislative consultation and review
 1640  requirements set forth in s. 216.177. The recommendation must
 1641  include proposed performance conditions that the project must
 1642  meet in order to obtain funds.
 1643         (c) Upon the approval of the Governor, the director of the
 1644  Office of Tourism, Trade, and Economic Development and the
 1645  business shall enter into a contract that sets forth the
 1646  conditions for payment of moneys from the fund. The contract
 1647  must include the total amount of funds awarded; the performance
 1648  conditions that must be met to obtain the award, including, but
 1649  not limited to, net new employment in the state, average salary,
 1650  and total capital investment; demonstrate a baseline of current
 1651  service and a measure of enhanced capability; the methodology
 1652  for validating performance; the schedule of payments from the
 1653  fund; and sanctions for failure to meet performance conditions.
 1654  The contract must provide that payment of moneys from the fund
 1655  is contingent upon sufficient appropriation of funds by the
 1656  Legislature and upon sufficient release of appropriated funds by
 1657  the Legislative Budget Commission.
 1658         Section 16. Subsection (2) of section 257.193, Florida
 1659  Statutes, is amended to read:
 1660         257.193 Community Libraries in Caring Program.—
 1661         (2) The purpose of the Community Libraries in Caring
 1662  Program is to assist libraries in rural communities, as defined
 1663  in s. 288.0656(2)(b) and subject to the provisions of s.
 1664  288.06561, to strengthen their collections and services, improve
 1665  literacy in their communities, and improve the economic
 1666  viability of their communities.
 1667         Section 17. Section 288.019, Florida Statutes, is amended
 1668  to read:
 1669         288.019 Rural considerations in grant review and evaluation
 1670  processes.—Notwithstanding any other law, and to the fullest
 1671  extent possible, the member agencies and organizations of the
 1672  Rural Economic Development Initiative (REDI) as defined in s.
 1673  288.0656(6)(a) shall review all grant and loan application
 1674  evaluation criteria to ensure the fullest access for rural
 1675  counties as defined in s. 288.0656(2)(b) to resources available
 1676  throughout the state.
 1677         (1) Each REDI agency and organization shall review all
 1678  evaluation and scoring procedures and develop modifications to
 1679  those procedures which minimize the impact of a project within a
 1680  rural area.
 1681         (2) Evaluation criteria and scoring procedures must provide
 1682  for an appropriate ranking based on the proportionate impact
 1683  that projects have on a rural area when compared with similar
 1684  project impacts on an urban area.
 1685         (3) Evaluation criteria and scoring procedures must
 1686  recognize the disparity of available fiscal resources for an
 1687  equal level of financial support from an urban county and a
 1688  rural county.
 1689         (a) The evaluation criteria should weight contribution in
 1690  proportion to the amount of funding available at the local
 1691  level.
 1692         (b) In-kind match should be allowed and applied as
 1693  financial match when a county is experiencing financial distress
 1694  through elevated unemployment at a rate in excess of the state’s
 1695  average by 5 percentage points or because of the loss of its ad
 1696  valorem base.
 1697         (4) For existing programs, the modified evaluation criteria
 1698  and scoring procedure must be delivered to the Office of
 1699  Tourism, Trade, and Economic Development for distribution to the
 1700  REDI agencies and organizations. The REDI agencies and
 1701  organizations shall review and make comments. Future rules,
 1702  programs, evaluation criteria, and scoring processes must be
 1703  brought before a REDI meeting for review, discussion, and
 1704  recommendation to allow rural counties fuller access to the
 1705  state’s resources.
 1706         Section 18. Paragraph (d) of subsection (15) of section
 1707  627.6699, Florida Statutes, is amended to read:
 1708         627.6699 Employee Health Care Access Act.—
 1709         (15) SMALL EMPLOYERS ACCESS PROGRAM.—
 1710         (d) Eligibility.—
 1711         1. Any small employer that is actively engaged in business,
 1712  has its principal place of business in this state, employs up to
 1713  25 eligible employees on business days during the preceding
 1714  calendar year, employs at least 2 employees on the first day of
 1715  the plan year, and has had no prior coverage for the last 6
 1716  months may participate.
 1717         2. Any municipality, county, school district, or hospital
 1718  employer located in a rural community as defined in s.
 1719  288.0656(2)(b) may participate.
 1720         3. Nursing home employers may participate.
 1721         4. Each dependent of a person eligible for coverage is also
 1722  eligible to participate.
 1723  
 1724  Any employer participating in the program must do so until the
 1725  end of the term for which the carrier providing the coverage is
 1726  obligated to provide such coverage to the program. Coverage for
 1727  a small employer group that ceases to meet the eligibility
 1728  requirements of this section may be terminated at the end of the
 1729  policy period for which the necessary premiums have been paid.
 1730         Section 19. Subsection (8) is added to section 288.9015,
 1731  Florida Statutes, to read:
 1732         288.9015 Enterprise Florida, Inc.; purpose; duties.—
 1733         (8)Enterprise Florida, Inc., shall be responsible for
 1734  responding to all inquiries related to Florida’s business
 1735  requirements, economic incentives, and business development
 1736  opportunities.
 1737         Section 20. Subsection (2) of section 288.95155, Florida
 1738  Statutes, is amended to read:
 1739         288.95155 Florida Small Business Technology Growth
 1740  Program.—
 1741         (2) Enterprise Florida, Inc., shall establish a separate
 1742  small business technology growth account in the Florida
 1743  Technology Research Investment Fund for purposes of this
 1744  section. Moneys in the account shall consist of appropriations
 1745  by the Legislature, proceeds of any collateral used to secure
 1746  such assistance, transfers, fees assessed for providing or
 1747  processing such financial assistance, grants, interest earnings,
 1748  and earnings on financial assistance. Enterprise Florida, Inc.
 1749  may advance from the account up to $600,000 in the aggregate to
 1750  the Institute for Commercialization of Public Research for its
 1751  operations. Subject to the authority and limitations in
 1752  subsections (3) and (4), Enterprise Florida, Inc. may grant
 1753  awards of assistance to companies under the auspices of the
 1754  Institute which are seeking to commercial technologies pursuant
 1755  to programs of the Institute.
 1756         Section 21. Subsection (2) of section 288.9622, Florida
 1757  Statutes, is amended to read:
 1758         288.9622 Findings and intent.—
 1759         (2) It is the intent of the Legislature that ss. 288.9621
 1760  288.9625 serve to mobilize private investment in a broad variety
 1761  of venture capital partnerships in diversified industries and
 1762  geographies; retain private sector investment criteria focused
 1763  on rate of return; use the services of highly qualified managers
 1764  in the venture capital industry regardless of location;
 1765  facilitate the organization of the Florida Opportunity Fund as
 1766  an a fund-of-funds investor in seed and early stage businesses,
 1767  infrastructure projects, venture capital funds, and angel funds;
 1768  and precipitate capital investment and extensions of credit to
 1769  and in the Florida Opportunity Fund.
 1770         Section 22. Subsection (4) and paragraph (a) of subsection
 1771  (5) of section 288.9624, Florida Statutes, are amended to read
 1772         288.9624 Florida Opportunity Fund; creation; duties.—
 1773         (4) For the purpose of mobilizing investment in a broad
 1774  variety of Florida-based, new technology companies and
 1775  generating a return sufficient to continue reinvestment, the
 1776  fund shall:
 1777         (a) Invest directly only in seed and early stage venture
 1778  capital funds that have experienced managers or management teams
 1779  with demonstrated experience, expertise, and a successful
 1780  history in the investment of venture capital funds, focusing on
 1781  opportunities in this state. The fund also may not make direct
 1782  investments, including loans, in individual businesses and
 1783  infrastructure projects. While not precluded from investing in
 1784  venture capital funds that have investments outside this state,
 1785  the fund must require a venture capital fund to show a record of
 1786  successful investment in this state, to be based in this state,
 1787  or to have an office in this state staffed with a full-time,
 1788  professional venture investment executive in order to be
 1789  eligible for investment.
 1790         (b) Negotiate for investment capital or loan proceeds from
 1791  private, institutional, or banking sources.
 1792         (c) Negotiate any and all terms and conditions for its
 1793  investments.
 1794         (d) Invest only in funds, businesses, and infrastructure
 1795  projects that have raised capital from other sources so that the
 1796  amount invested in such funds, businesses, or infrastructure
 1797  projects an entity in this state is at least twice the amount
 1798  invested by the fund. Direct investments must be made in Florida
 1799  infrastructure projects or businesses that are Florida-based or
 1800  have significant business activities in Florida and operate in
 1801  technology sectors that are strategic to Florida companies,
 1802  including, but not limited to, enterprises in life sciences,
 1803  information technology, advanced manufacturing processes,
 1804  aviation and aerospace, and homeland security and defense, as
 1805  well as other strategic technologies.
 1806         (e)Form or operate other entities and accept additional
 1807  funds from other public and private sources to further its
 1808  purpose.
 1809  
 1810  The Opportunity Fund may not use its original legislative
 1811  appropriation of $29.5 million for direct investments, including
 1812  loans, in businesses or infrastructure projects, or for any
 1813  purpose not specified in chapter 2007-189, Laws of Florida.
 1814         (5) By December 1 of each year, the board shall issue an
 1815  annual report concerning the activities conducted by the fund to
 1816  the Governor, the President of the Senate, and the Speaker of
 1817  the House of Representatives. The annual report, at a minimum,
 1818  must include:
 1819         (a) An accounting of the amount of investments disbursed by
 1820  the fund and the progress of the fund, including the progress of
 1821  business and infrastructure projects that have been provided
 1822  direct investment by the fund.
 1823         Section 23. Paragraph (v) is added to subsection (24) of
 1824  section 380.06, Florida Statutes, to read:
 1825         380.06 Developments of regional impact.—
 1826         (24) STATUTORY EXEMPTIONS.—
 1827         (v)Any nonresidential development within a catalyst site
 1828  as defined in s. 288.0656(2)(b) or a catalyst site submitted to
 1829  Enterprise Florida, Inc., if the Office of Tourism, Trade, and
 1830  Economic Development states in writing that the project supports
 1831  a regional target industry that is identified in an economic
 1832  development plan prepared for one of the economic development
 1833  programs identified in s. 288.0656(7) is exempt from the
 1834  provisions of this section.
 1835  
 1836  If a use is exempt from review as a development of regional
 1837  impact under paragraphs (a)-(t), but will be part of a larger
 1838  project that is subject to review as a development of regional
 1839  impact, the impact of the exempt use must be included in the
 1840  review of the larger project.
 1841         Section 24. This act shall take effect July 1, 2009.