Florida Senate - 2009               CS for CS for CS for SB 2034
       
       
       
       By the Committees on Finance and Tax; Governmental Oversight and
       Accountability; Commerce; and Commerce
       
       
       
       593-05655-09                                          20092034c3
    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; revising certain reporting
   91         requirements for the initiative; amending s.
   92         288.06561, F.S., conforming cross-references; amending
   93         s. 288.0657, F.S.; revising the definition of the term
   94         “rural community”; amending s. 288.1045, F.S.;
   95         revising provisions relating to the application and
   96         refund process for the qualified defense contractor
   97         tax refund program; specifying a review and
   98         certification requirement for program refunds;
   99         revising the cap on refunds per applicant; deleting a
  100         report requirement; amending s. 288.106, F.S.;
  101         revising certain definitions; revising industry code
  102         designation requirements for certain activities under
  103         the tax refund program for qualified target industry
  104         businesses; revising program application and approval
  105         process provisions; specifying a review and
  106         certification requirement for program applications;
  107         revising tax refund agreement requirements; revising
  108         an economic-stimulus exemption request provision;
  109         extending a final date for exemption requests;
  110         extending a certification expiration provision;
  111         amending s. 288.107, F.S.; revising a definition;
  112         revising criteria for participation in brownfield
  113         redevelopment bonus refunds; specifying a review and
  114         certification requirement for brownfield redevelopment
  115         bonus refund applications; amending s. 288.108, F.S.;
  116         specifying a review and certification requirement for
  117         applications for high-impact business performance
  118         grants; deleting certain final order and report
  119         requirements; amending s. 288.1088, F.S.; specifying a
  120         review requirement for Quick Action Closing Fund
  121         project applications; providing a time period for the
  122         director to recommend approval or disapproval of a
  123         project for receipt of funds from the Quick Action
  124         Closing Fund; amending ss. 257.193, 288.019, and
  125         627.6699, F.S.; conforming cross-references; amending
  126         s. 288.9015, F.S.; specifying that Enterprise Florida,
  127         Inc., is responsible for responding to inquiries
  128         related to the state’s business incentives and
  129         opportunities; amending s. 288.9622, F.S.; expanding
  130         the types of investments that may be made by the
  131         Florida Opportunity Fund; amending s. 288.9624, F.S.;
  132         providing a limitation on how the originally
  133         appropriated funds may be invested; allowing the
  134         Florida Opportunity Fund to form or create other
  135         entities for investment purposes; revising a reporting
  136         requirement; providing an effective date.
  137  
  138  Be It Enacted by the Legislature of the State of Florida:
  139  
  140         Section 1. Subsections (1), (2), and (3), paragraph (d) of
  141  subsection (4), and subsections (5), (7), (8), (9), and (10) of
  142  section 288.1089, Florida Statutes, are amended, and subsections
  143  (11) and (12) are added to that section, to read:
  144         288.1089 Innovation Incentive Program.—
  145         (1) The Innovation Incentive Program is created within the
  146  Office of Tourism, Trade, and Economic Development to ensure
  147  that sufficient resources are available to allow the state to
  148  respond expeditiously to extraordinary economic opportunities
  149  and to compete effectively for high-value research and
  150  development, and innovation business, and alternative and
  151  renewal energy projects.
  152         (2) As used in this section, the term:
  153         (a) “Alternative and renewable energy” means electrical,
  154  mechanical, or thermal energy produced from a method that uses
  155  one or more of the following fuels or energy sources: ethanol,
  156  cellulosic ethanol, biobutanol, biodiesel, biomass, biogas,
  157  hydrogen fuel cells, ocean energy, hydrogen, solar, hydro, wind,
  158  or geothermal.
  159         (b) “Average private sector wage” means the statewide
  160  average wage in the private sector or the average of all private
  161  sector wages in the county or in the standard metropolitan area
  162  in which the project is located as determined by the Agency for
  163  Workforce Innovation.
  164         (c) “Brownfield area” means an area designated as a
  165  brownfield area pursuant to s. 376.80.
  166         (d)“Commission” means the Florida Energy and Climate
  167  Commission.
  168         (e)(d) “Cumulative investment” means cumulative capital
  169  investment and all eligible capital costs, as defined in s.
  170  220.191.
  171         (f)(e) “Director” means the director of the Office of
  172  Tourism, Trade, and Economic Development.
  173         (g)(f) “Enterprise zone” means an area designated as an
  174  enterprise zone pursuant to s. 290.0065.
  175         (h)(g) “Fiscal year” means the state fiscal year.
  176         (i)“Industry wage” means the average annual wage paid to
  177  employees in a particular industry, as designated by the North
  178  American Industry Classification System (NAICS), and compiled by
  179  the Bureau of Labor Statistics of the United States Department
  180  of Labor.
  181         (j)(h) “Innovation business” means a business expanding or
  182  locating in this state that is likely to serve as a catalyst for
  183  the growth of an existing or emerging technology cluster or will
  184  significantly impact the regional economy in which it is to
  185  expand or locate.
  186         (k)(i) “Jobs” means full-time equivalent positions, as that
  187  term is consistent with terms used by the Agency for Workforce
  188  Innovation and the United States Department of Labor for
  189  purposes of unemployment compensation tax administration and
  190  employment estimation, resulting directly from a project in this
  191  state. The term does not include temporary construction jobs.
  192         (l)“Naming opportunities” means charitable donations from
  193  any person or entity in consideration for the right to have all
  194  or a portion of the facility named for or in the memory of any
  195  person, living or dead, or for any entity.
  196         (m)“Net royalty revenues” means all royalty revenues less
  197  the cost of obtaining, maintaining, and enforcing related patent
  198  and intellectual property rights, both foreign and domestic.
  199         (n)(j) “Match” means funding from local sources, public or
  200  private, which will be paid to the applicant and which is equal
  201  to 100 percent of an award. Eligible match funding may include
  202  any tax abatement granted to the applicant under s. 196.1995 or
  203  the appraised market value of land, buildings, infrastructure,
  204  or equipment conveyed or provided at a discount to the
  205  applicant. Complete documentation of a match payment or other
  206  conveyance must be presented to and verified by the office prior
  207  to transfer of state funds to an applicant. An applicant may not
  208  provide, directly or indirectly, more than 5 percent of match
  209  funding in any fiscal year. The sources of such funding may not
  210  include, directly or indirectly, state funds appropriated from
  211  the General Revenue Fund or any state trust fund, excluding tax
  212  revenues shared with local governments pursuant to law.
  213         (o)(k) “Office” means the Office of Tourism, Trade, and
  214  Economic Development.
  215         (p)(l) “Project” means the location to or expansion in this
  216  state by an innovation business, a or research and development
  217  applicant, or an alternative and renewable energy applicant
  218  approved for an award pursuant to this section.
  219         (q)(m) “Research and development” means basic and applied
  220  research in the sciences or engineering, as well as the design,
  221  development, and testing of prototypes or processes of new or
  222  improved products. Research and development does not include
  223  market research, routine consumer product testing, sales
  224  research, research in the social sciences or psychology,
  225  nontechnological activities, or technical services.
  226         (r)(n) “Research and development facility” means a facility
  227  that is predominately engaged in research and development
  228  activities. For purposes of this paragraph, the term
  229  “predominantly” means at least 51 percent of the time.
  230         (s)(o) “Rural area” means a rural city, rural community, or
  231  rural county as defined in s. 288.106.
  232         (3) To be eligible for consideration for an innovation
  233  incentive award, an innovation business, a or research and
  234  development entity, or an alternative and renewable energy
  235  company project must submit a written application to Enterprise
  236  Florida, Inc., before making a decision to locate new operations
  237  in this state or expand an existing operation in this state. The
  238  application must include, but not be limited to:
  239         (a) The applicant’s federal employer identification number,
  240  unemployment account number, and state sales tax registration
  241  number. If such numbers are not available at the time of
  242  application, they must be submitted to the office in writing
  243  prior to the disbursement of any payments under this section.
  244         (b) The location in this state at which the project is
  245  located or is to be located.
  246         (c) A description of the type of business activity,
  247  product, or research and development undertaken by the
  248  applicant, including six-digit North American Industry
  249  Classification System codes for all activities included in the
  250  project.
  251         (d) The applicant’s projected investment in the project.
  252         (e) The total investment, from all sources, in the project.
  253         (f) The number of net new full-time equivalent jobs in this
  254  state the applicant anticipates having created as of December 31
  255  of each year in the project and the average annual wage of such
  256  jobs.
  257         (g) The total number of full-time equivalent employees
  258  currently employed by the applicant in this state, if
  259  applicable.
  260         (h) The anticipated commencement date of the project.
  261         (i) A detailed explanation of why the innovation incentive
  262  is needed to induce the applicant to expand or locate in the
  263  state and whether an award would cause the applicant to locate
  264  or expand in this state.
  265         (j) If applicable, an estimate of the proportion of the
  266  revenues resulting from the project that will be generated
  267  outside this state.
  268         (4) To qualify for review by the office, the applicant
  269  must, at a minimum, establish the following to the satisfaction
  270  of Enterprise Florida, Inc., and the office:
  271         (d) For an alternative and renewable energy project in this
  272  state, the project must:
  273         1. Demonstrate a plan for significant collaboration with an
  274  institution of higher education;
  275         2. Provide the state, at a minimum, a break-even return on
  276  investment within a 20-year period;
  277         3. Include matching funds provided by the applicant or
  278  other available sources. The match requirement may be reduced or
  279  waived in rural areas of critical economic concern or reduced in
  280  rural areas, brownfield areas, and enterprise zones This
  281  requirement may be waived if the office and the department
  282  determine that the merits of the individual project or the
  283  specific circumstances warrant such action;
  284         4. Be located in this state; and
  285         5. Provide at least 35 direct, new jobs that pay an
  286  estimated annual average wage that equals at least 130 percent
  287  of the average private sector wage. The average wage requirement
  288  may be waived if the office and the commission determine that
  289  the merits of the individual project or the specific
  290  circumstances warrant such action; and
  291         6.Meet one of the following criteria:
  292         a.Result in the creation of at least 35 direct, new jobs
  293  at the business.
  294         b.Have an activity or product that uses feedstock or other
  295  raw materials grown or produced in this state.
  296         c.Have a cumulative investment of at least $50 million
  297  within a 5-year period.
  298         d.Address the technical feasibility of the technology, and
  299  the extent to which the proposed project has been demonstrated
  300  to be technically feasible based on pilot project
  301  demonstrations, laboratory testing, scientific modeling, or
  302  engineering or chemical theory that supports the proposal.
  303         e.Include innovative technology and the degree to which
  304  the project or business incorporates an innovative new
  305  technology or an innovative application of an existing
  306  technology.
  307         f.Include production potential and the degree to which a
  308  project or business generates thermal, mechanical, or electrical
  309  energy by means of a renewable energy resource that has
  310  substantial long-term production potential. The project must, to
  311  the extent possible, quantify annual production potential in
  312  megawatts or kilowatts.
  313         g.Include and address energy efficiency and the degree to
  314  which a project demonstrates efficient use of energy, water, and
  315  material resources.
  316         h.Include project management and the ability of management
  317  to administer and complete the business project.
  318         (5) Enterprise Florida, Inc., shall evaluate proposals for
  319  all three categories of innovation incentive awards and transmit
  320  recommendations for awards to the office. Before making its
  321  recommendations on alternative and renewable energy projects,
  322  Enterprise Florida, Inc., shall solicit comments and
  323  recommendations from the Florida Energy and Climate Commission
  324  for alternative and renewable energy project proposals. For each
  325  project, the Such evaluation and recommendation to the office
  326  must include, but need not be limited to:
  327         (a) A description of the project, its required facilities,
  328  and the associated product, service, or research and development
  329  associated with the project.
  330         (b) The percentage of match provided for the project.
  331         (c) The number of full-time equivalent jobs that will be
  332  created by the project, the total estimated average annual wages
  333  of such jobs, and the types of business activities and jobs
  334  likely to be stimulated by the project.
  335         (d) The cumulative investment to be dedicated to the
  336  project within 5 years and the total investment expected in the
  337  project if more than 5 years.
  338         (e) The projected economic and fiscal impacts on the local
  339  and state economies relative to investment.
  340         (f) A statement of any special impacts the project is
  341  expected to stimulate in a particular business sector in the
  342  state or regional economy or in the state’s universities and
  343  community colleges.
  344         (g) A statement of any anticipated or proposed
  345  relationships with state universities.
  346         (h) A statement of the role the incentive is expected to
  347  play in the decision of the applicant to locate or expand in
  348  this state.
  349         (i) A recommendation and explanation of the amount of the
  350  award needed to cause the applicant to expand or locate in this
  351  state.
  352         (j) A discussion of the efforts and commitments made by the
  353  local community in which the project is to be located to induce
  354  the applicant’s location or expansion, taking into consideration
  355  local resources and abilities.
  356         (k) A recommendation for specific performance criteria the
  357  applicant would be expected to achieve in order to receive
  358  payments from the fund and penalties or sanctions for failure to
  359  meet or maintain performance conditions.
  360         (l) Additional evaluative criteria for a research and
  361  development facility project, including:
  362         1. A description of the extent to which the project has the
  363  potential to serve as catalyst for an emerging or evolving
  364  cluster.
  365         2. A description of the extent to which the project has or
  366  could have a long-term collaborative research and development
  367  relationship with one or more universities or community colleges
  368  in this state.
  369         3. A description of the existing or projected impact of the
  370  project on established clusters or targeted industry sectors.
  371         4. A description of the project’s contribution to the
  372  diversity and resiliency of the innovation economy of this
  373  state.
  374         5. A description of the project’s impact on special needs
  375  communities, including, but not limited to, rural areas,
  376  distressed urban areas, and enterprise zones.
  377         (m)Additional evaluative criteria for alternative and
  378  renewable energy proposals, including:
  379         1.The availability of matching funds or other in-kind
  380  contributions applied to the total project from an applicant.
  381  The commission shall give greater preference to projects that
  382  provide such matching funds or other in-kind contributions.
  383         2.The degree to which the project stimulates in-state
  384  capital investment and economic development in metropolitan and
  385  rural areas, including the creation of jobs and the future
  386  development of a commercial market for renewable energy
  387  technologies.
  388         3.The extent to which the proposed project has been
  389  demonstrated to be technically feasible based on pilot project
  390  demonstrations, laboratory testing, scientific modeling, or
  391  engineering or chemical theory that supports the proposal.
  392         4.The degree to which the project incorporates an
  393  innovative new technology or an innovative application of an
  394  existing technology.
  395         5.The degree to which a project generates thermal,
  396  mechanical, or electrical energy by means of a renewable energy
  397  resource that has substantial long-term production potential.
  398         6.The degree to which a project demonstrates efficient use
  399  of energy and material resources.
  400         7.The degree to which the project fosters overall
  401  understanding and appreciation of renewable energy technologies.
  402         8.The ability to administer a complete project.
  403         9.Project duration and timeline for expenditures.
  404         10.The geographic area in which the project is to be
  405  conducted in relation to other projects.
  406         11.The degree of public visibility and interaction.
  407         (7) Upon receipt of the evaluation and recommendation from
  408  Enterprise Florida, Inc., and from the Florida Energy and
  409  Climate Commission for alternative and renewable energy project
  410  proposals, the director shall recommend to the Governor the
  411  approval or disapproval of an award. In recommending approval of
  412  an award, the director shall include proposed performance
  413  conditions that the applicant must meet in order to obtain
  414  incentive funds and any other conditions that must be met before
  415  the receipt of any incentive funds. The Governor shall consult
  416  with the President of the Senate and the Speaker of the House of
  417  Representatives before giving approval for an award. Upon review
  418  and approval of an award by the Legislative Budget Commission,
  419  the Executive Office of the Governor shall release the funds
  420  pursuant to the legislative consultation and review requirements
  421  set forth in s. 216.177.
  422         (8)(a)After the conditions Upon approval by the Governor
  423  and release of the funds as set forth in subsection (7) have
  424  been met, the director shall issue a letter certifying the
  425  applicant as qualified for an award. The office and the award
  426  recipient applicant shall enter into an agreement that sets
  427  forth the conditions for payment of the incentive funds
  428  incentives. The agreement must include, at a minimum:
  429         1. The total amount of funds awarded.;
  430         2. The performance conditions that must be met in order to
  431  obtain the award or portions of the award, including, but not
  432  limited to, net new employment in the state, average wage, and
  433  total cumulative investment.;
  434         3. Demonstration of a baseline of current service and a
  435  measure of enhanced capability.;
  436         4. The methodology for validating performance.;
  437         5. The schedule of payments.; and
  438         6. Sanctions for failure to meet performance conditions,
  439  including any clawback provisions.
  440         (b)Additionally, agreements signed on or after July 1,
  441  2009, must include the following provisions:
  442         1.Notwithstanding subsection (4), a requirement that the
  443  jobs created by the recipient of the incentive funds pay an
  444  annual average wage at least equal to the relevant industry’s
  445  annual average wage or at least 130 percent of the average
  446  private-sector wage, whichever is greater.
  447         2.A reinvestment requirement. Each recipient of an award
  448  shall reinvest up to 15 percent of net royalty revenues,
  449  including revenues from spin-off companies and the revenues from
  450  the sale of stock it receives from the licensing or transfer of
  451  inventions, methods, processes, and other patentable discoveries
  452  conceived or reduced to practice using its facilities in Florida
  453  or its Florida-based employees, in whole or in part, and to
  454  which the recipient of the grant becomes entitled during the 20
  455  years following the effective date of its agreement with the
  456  office. Each recipient of an award also shall reinvest up to 15
  457  percent of the gross revenues it receives from naming
  458  opportunities associated with any facility it builds in this
  459  state. Reinvestment payments shall commence no later than 6
  460  months after the recipient of the grant has received the final
  461  disbursement under the contract and shall continue until the
  462  maximum reinvestment, as specified in the contract, has been
  463  paid. Reinvestment payments shall be remitted to the office for
  464  deposit in the Biomedical Research Trust Fund for companies
  465  specializing in biomedicine or life sciences, or in the Economic
  466  Development Trust Fund for companies specializing in fields
  467  other than biomedicine or the life sciences. If these trust
  468  funds no longer exist at the time of the reinvestment, the
  469  state’s share of reinvestment shall be deposited in their
  470  successor trust funds as determined by law. Each recipient of an
  471  award shall annually submit a schedule of the shares of stock
  472  held by it as payment of the royalty required by this paragraph
  473  and report on any trades or activity concerning such stock. Each
  474  recipient’s reinvestment obligations survive the expiration or
  475  termination of its agreement with the state.
  476         3.Requirements for the establishment of internship
  477  programs or other learning opportunities for educators and
  478  secondary, postsecondary, graduate, and doctoral students.
  479         4.A requirement that the recipient submit quarterly
  480  reports and annual reports related to activities and performance
  481  to the office, according to standardized reporting periods.
  482         5.A requirement for an annual accounting to the office of
  483  the expenditure of funds disbursed under this section.
  484         6.A process for amending the agreement.
  485         (9) Enterprise Florida, Inc., shall assist the office in
  486  validating the performance of an innovation business, a or
  487  research and development facility, or an alternative and
  488  renewable energy business that has received an award. At the
  489  conclusion of the innovation incentive award agreement, or its
  490  earlier termination, Enterprise Florida, Inc., shall, within 90
  491  days, submit a report the results of the innovation incentive
  492  award to the Governor, the President of the Senate, and the
  493  Speaker of the House of Representatives detailing whether the
  494  recipient of the innovation incentive grant achieved its
  495  specified outcomes.
  496         (10) Each recipient of an award shall comply with
  497  Enterprise Florida, Inc., shall develop business ethics
  498  standards developed by Enterprise Florida, Inc., which are based
  499  on appropriate best industry practices which shall be applicable
  500  to all award recipients. The standards shall address ethical
  501  duties of business enterprises, fiduciary responsibilities of
  502  management, and compliance with the laws of this state.
  503  Enterprise Florida, Inc., may collaborate with the State
  504  University System in reviewing and evaluating appropriate
  505  business ethics standards. Such standards shall be provided to
  506  the Governor, the President of the Senate, and the Speaker of
  507  the House of Representatives by December 31, 2006. An award
  508  agreement entered into on or after December 31, 2006, shall
  509  require a recipient to comply with the business ethics standards
  510  developed pursuant to this section.
  511         (11)(a)Beginning January 5, 2010, and every year
  512  thereafter, the office shall submit to the Governor, the
  513  President of the Senate, and the Speaker of the House of
  514  Representatives a report summarizing the activities and
  515  accomplishments of the recipients of grants from the Innovation
  516  Incentive Program during the previous 12 months and an
  517  evaluation by the office of whether the recipients are catalysts
  518  for additional direct and indirect economic development in
  519  Florida.
  520         (b)Beginning March 1, 2010, and every third year
  521  thereafter, the Office of Program Policy Analysis and Government
  522  Accountability, in consultation with the Auditor General’s
  523  Office, shall release a report evaluating the Innovation
  524  Incentive Program’s progress toward creating clusters of high
  525  wage, high-skilled, complementary industries that serve as
  526  catalysts for economic growth specifically in the regions in
  527  which they are located, and generally for the state as a whole.
  528  Such report should include critical analyses of quarterly and
  529  annual reports, annual audits, and other documents prepared by
  530  the Innovation Incentive program awardees; relevant economic
  531  development reports prepared by the office, Enterprise Florida,
  532  Inc., and local or regional economic development organizations;
  533  interviews with the parties involved; and any other relevant
  534  data. Such report should also include legislative
  535  recommendations, if necessary, on how to improve the Innovation
  536  Incentive Program so that the program reaches its anticipated
  537  potential as a catalyst for direct and indirect economic
  538  development in this state.
  539         (12)The office may seek the assistance of the Office of
  540  Program Policy Analysis and Government Accountability, the
  541  Legislature’s Office of Economic and Demographic Research, and
  542  other entities for the purpose of developing performance
  543  measures or techniques to quantify the synergistic economic
  544  development impacts that awardees of grants are having within
  545  their communities.
  546         Section 2. Paragraph (b) of subsection (10) of section
  547  212.097, Florida Statutes, are amended to read:
  548         212.097 Urban High-Crime Area Job Tax Credit Program.—
  549         (10)
  550         (b) Applications shall be reviewed and certified pursuant
  551  to s. 288.061. Within 30 working days after receipt of an
  552  application for credit, the Office of Tourism, Trade, and
  553  Economic Development shall review the application to determine
  554  whether it contains all the information required by this
  555  subsection and meets the criteria set out in this section.
  556  Subject to the provisions of paragraph (c), the Office of
  557  Tourism, Trade, and Economic Development shall approve all
  558  applications that contain the information required by this
  559  subsection and meet the criteria set out in this section as
  560  eligible to receive a credit.
  561         Section 3. Subsection (5) of section 220.191, Florida
  562  Statutes, is amended to read:
  563         220.191 Capital investment tax credit.—
  564         (5) Applications shall be reviewed and certified pursuant
  565  to s. 288.061. The office, upon a recommendation by Enterprise
  566  Florida, Inc., shall first certify a business as eligible to
  567  receive tax credits pursuant to this section prior to the
  568  commencement of operations of a qualifying project, and such
  569  certification shall be transmitted to the Department of Revenue.
  570  Upon receipt of the certification, the Department of Revenue
  571  shall enter into a written agreement with the qualifying
  572  business specifying, at a minimum, the method by which income
  573  generated by or arising out of the qualifying project will be
  574  determined.
  575         Section 4. Section 288.061, Florida Statutes, is created to
  576  read:
  577         288.061Economic development incentive application
  578  process.—
  579         (1)Within 10 business days after receiving a submitted
  580  economic development incentive application, Enterprise Florida,
  581  Inc., shall review the application and inform the applicant
  582  business whether or not its application is complete. Within 10
  583  business days after the application is deemed complete,
  584  Enterprise Florida, Inc., shall evaluate the application and
  585  recommend approval or disapproval of the application to the
  586  director of the Office of Tourism, Trade, and Economic
  587  Development. In recommending an applicant business for approval,
  588  Enterprise Florida, Inc., shall include in its evaluation a
  589  recommended grant award amount and a review of the applicant’s
  590  ability to meet specific program criteria.
  591         (2)Within 10 calendar days after the Office of Tourism,
  592  Trade, and Economic Development receives the evaluation and
  593  recommendation from Enterprise Florida, Inc., the office shall
  594  notify Enterprise Florida, Inc., whether or not the application
  595  is reviewable. Within 22 calendar days after the office receives
  596  the recommendation from Enterprise Florida, Inc., the director
  597  of the office shall review the application and issue a letter of
  598  certification to the applicant that approves or disapproves an
  599  applicant business and includes a justification of that
  600  decision, unless the business requests an extension of that
  601  time. The final order shall specify the total amount of the
  602  award, the performance conditions that must be met to obtain the
  603  award, and the schedule for payment.
  604         Section 5. Subsection (4) of section 288.063, Florida
  605  Statutes, is amended to read:
  606         288.063 Contracts for transportation projects.—
  607         (4) The Office of Tourism, Trade, and Economic Development
  608  may adopt criteria by which transportation projects are to be
  609  reviewed and certified in accordance with s. 288.061 specified
  610  and identified. In approving transportation projects for
  611  funding, the Office of Tourism, Trade, and Economic Development
  612  shall consider factors including, but not limited to, the cost
  613  per job created or retained considering the amount of
  614  transportation funds requested; the average hourly rate of wages
  615  for jobs created; the reliance on the program as an inducement
  616  for the project’s location decision; the amount of capital
  617  investment to be made by the business; the demonstrated local
  618  commitment; the location of the project in an enterprise zone
  619  designated pursuant to s. 290.0055; the location of the project
  620  in a spaceport territory as defined in s. 331.304; the
  621  unemployment rate of the surrounding area; the poverty rate of
  622  the community; and the adoption of an economic element as part
  623  of its local comprehensive plan in accordance with s.
  624  163.3177(7)(j). The Office of Tourism, Trade, and Economic
  625  Development may contact any agency it deems appropriate for
  626  additional input regarding the approval of projects.
  627         Section 6. Subsection (2) of section 288.065, Florida
  628  Statutes, is amended to read:
  629         288.065 Rural Community Development Revolving Loan Fund.—
  630         (2) The program shall provide for long-term loans, loan
  631  guarantees, and loan loss reserves to units of local
  632  governments, or economic development organizations substantially
  633  underwritten by a unit of local government, within counties with
  634  populations of 75,000 or fewer less, or within any county with
  635  that has a population of 125,000 100,000 or fewer which less and
  636  is contiguous to a county with a population of 75,000 or fewer
  637  less, based on as determined by the most recent official
  638  population estimate as determined under pursuant to s. 186.901,
  639  including those residing in incorporated areas and those
  640  residing in unincorporated areas of the county, or to units of
  641  local government, or economic development organizations
  642  substantially underwritten by a unit of local government, within
  643  a rural area of critical economic concern. Requests for loans
  644  shall be made by application to the Office of Tourism, Trade,
  645  and Economic Development. Loans shall be made pursuant to
  646  agreements specifying the terms and conditions agreed to between
  647  the applicant and the Office of Tourism, Trade, and Economic
  648  Development. The loans shall be the legal obligations of the
  649  applicant. All repayments of principal and interest shall be
  650  returned to the loan fund and made available for loans to other
  651  applicants. However, in a rural area of critical economic
  652  concern designated by the Governor, and upon approval by the
  653  Office of Tourism, Trade, and Economic Development, repayments
  654  of principal and interest may be retained by the applicant if
  655  such repayments are dedicated and matched to fund regionally
  656  based economic development organizations representing the rural
  657  area of critical economic concern.
  658         Section 7. Paragraphs (b) and (e) of subsection (2) and
  659  subsection (3) of section 288.0655, Florida Statutes, are
  660  amended to read:
  661         288.0655 Rural Infrastructure Fund.—
  662         (2)
  663         (b) To facilitate access of rural communities and rural
  664  areas of critical economic concern as defined by the Rural
  665  Economic Development Initiative to infrastructure funding
  666  programs of the Federal Government, such as those offered by the
  667  United States Department of Agriculture and the United States
  668  Department of Commerce, and state programs, including those
  669  offered by Rural Economic Development Initiative agencies, and
  670  to facilitate local government or private infrastructure funding
  671  efforts, the office may award grants for up to 30 percent of the
  672  total infrastructure project cost. If an application for funding
  673  is for a catalyst site, as defined in s. 288.0656, the office
  674  may award grants for up to 40 percent of the total
  675  infrastructure project cost. Eligible projects must be related
  676  to specific job-creation or job-retention opportunities.
  677  Eligible projects may also include improving any inadequate
  678  infrastructure that has resulted in regulatory action that
  679  prohibits economic or community growth or reducing the costs to
  680  community users of proposed infrastructure improvements that
  681  exceed such costs in comparable communities. Eligible uses of
  682  funds shall include improvements to public infrastructure for
  683  industrial or commercial sites and upgrades to or development of
  684  public tourism infrastructure. Authorized infrastructure may
  685  include the following public or public-private partnership
  686  facilities: storm water systems; telecommunications facilities;
  687  broadband facilities; roads or other remedies to transportation
  688  impediments; nature-based tourism facilities; or other physical
  689  requirements necessary to facilitate tourism, trade, and
  690  economic development activities in the community. Authorized
  691  infrastructure may also include publicly or privately owned
  692  self-powered nature-based tourism facilities,publicly owned
  693  telecommunications facilities, and broadband facilities, and
  694  additions to the distribution facilities of the existing natural
  695  gas utility as defined in s. 366.04(3)(c), the existing electric
  696  utility as defined in s. 366.02, or the existing water or
  697  wastewater utility as defined in s. 367.021(12), or any other
  698  existing water or wastewater facility, which owns a gas or
  699  electric distribution system or a water or wastewater system in
  700  this state where:
  701         1. A contribution-in-aid of construction is required to
  702  serve public or public-private partnership facilities under the
  703  tariffs of any natural gas, electric, water, or wastewater
  704  utility as defined herein; and
  705         2. Such utilities as defined herein are willing and able to
  706  provide such service.
  707         (e) To enable local governments to access the resources
  708  available pursuant to s. 403.973(18), the office may award
  709  grants for surveys, feasibility studies, and other activities
  710  related to the identification and preclearance review of land
  711  which is suitable for preclearance review. Authorized grants
  712  under this paragraph shall not exceed $75,000 each, except in
  713  the case of a project in a rural area of critical economic
  714  concern, in which case the grant shall not exceed $300,000. Any
  715  funds awarded under this paragraph must be matched at a level of
  716  50 percent with local funds, except that any funds awarded for a
  717  project in a rural area of critical economic concern must be
  718  matched at a level of 33 percent with local funds. If an
  719  application for funding is for a catalyst site, as defined in s.
  720  288.0656, the requirement for local match may be waived pursuant
  721  to the process in s. 288.06561. In evaluating applications under
  722  this paragraph, the office shall consider the extent to which
  723  the application seeks to minimize administrative and consultant
  724  expenses.
  725         (3) The office, in consultation with Enterprise Florida,
  726  Inc., VISIT Florida, the Department of Environmental Protection,
  727  and the Florida Fish and Wildlife Conservation Commission, as
  728  appropriate, shall review and certify applications pursuant to
  729  s. 288.061. The review shall include an evaluation of and
  730  evaluate the economic benefit of the projects and their long
  731  term viability. The office shall have final approval for any
  732  grant under this section and must make a grant decision within
  733  30 days of receiving a completed application.
  734         Section 8. Section 288.0656, Florida Statutes, is amended
  735  to read:
  736         288.0656 Rural Economic Development Initiative.—
  737         (1)(a)Recognizing that rural communities and regions
  738  continue to face extraordinary challenges in their efforts to
  739  significantly improve their economies, specifically in terms of
  740  personal income, job creation, average wages, and strong tax
  741  bases, it is the intent of the Legislature to encourage and
  742  facilitate the location and expansion of major economic
  743  development projects of significant scale in such rural
  744  communities.
  745         (b) The Rural Economic Development Initiative, known as
  746  “REDI,” is created within the Office of Tourism, Trade, and
  747  Economic Development, and the participation of state and
  748  regional agencies in this initiative is authorized.
  749         (2) As used in this section, the term:
  750         (a)“Catalyst project” means a business locating or
  751  expanding in a rural area of critical economic concern to serve
  752  as an economic generator of regional significance for the growth
  753  of a regional target industry cluster. The project must provide
  754  capital investment on a scale significant enough to affect the
  755  entire region and result in the development of high-wage and
  756  high-skill jobs.
  757         (b)“Catalyst site” means a parcel or parcels of land
  758  within a rural area of critical economic concern that has been
  759  prioritized as a geographic site for economic development
  760  through partnerships with state, regional, and local
  761  organizations. The site must be reviewed by REDI and approved by
  762  the Office of Tourism, Trade, and Economic Development for the
  763  purposes of locating a catalyst project.
  764         (c)(a) “Economic distress” means conditions affecting the
  765  fiscal and economic viability of a rural community, including
  766  such factors as low per capita income, low per capita taxable
  767  values, high unemployment, high underemployment, low weekly
  768  earned wages compared to the state average, low housing values
  769  compared to the state average, high percentages of the
  770  population receiving public assistance, high poverty levels
  771  compared to the state average, and a lack of year-round stable
  772  employment opportunities.
  773         (d)“Rural area of critical economic concern” means a rural
  774  community, or a region composed of rural communities, designated
  775  by the Governor, that has been adversely affected by an
  776  extraordinary economic event, severe or chronic distress, or a
  777  natural disaster or that presents a unique economic development
  778  opportunity of regional impact.
  779         (e)(b) “Rural community” means:
  780         1. A county with a population of 75,000 or less.
  781         2. A county with a population of 125,000 100,000 or fewer
  782  which less that is contiguous to a county with a population of
  783  75,000 or fewer less.
  784         3. A municipality within a county described in subparagraph
  785  1. or subparagraph 2.
  786         4. An unincorporated federal enterprise community or an
  787  incorporated rural city with a population of 25,000 or less and
  788  an employment base focused on traditional agricultural or
  789  resource-based industries, located in a county not defined as
  790  rural, which has at least three or more of the economic distress
  791  factors identified in paragraph (c) (a) and verified by the
  792  Office of Tourism, Trade, and Economic Development.
  793  
  794  For purposes of this paragraph, population shall be determined
  795  in accordance with the most recent official estimate pursuant to
  796  s. 186.901.
  797         (3) REDI shall be responsible for coordinating and focusing
  798  the efforts and resources of state and regional agencies on the
  799  problems which affect the fiscal, economic, and community
  800  viability of Florida’s economically distressed rural
  801  communities, working with local governments, community-based
  802  organizations, and private organizations that have an interest
  803  in the growth and development of these communities to find ways
  804  to balance environmental and growth management issues with local
  805  needs.
  806         (4) REDI shall review and evaluate the impact of statutes
  807  and rules on rural communities and shall work to minimize any
  808  adverse impact and undertake outreach and capacity building
  809  efforts.
  810         (5) REDI shall facilitate better access to state resources
  811  by promoting direct access and referrals to appropriate state
  812  and regional agencies and statewide organizations. REDI may
  813  undertake outreach, capacity-building, and other advocacy
  814  efforts to improve conditions in rural communities. These
  815  activities may include sponsorship of conferences and
  816  achievement awards.
  817         (6)(a) By August 1 of each year, the head of each of the
  818  following agencies and organizations shall designate a deputy
  819  secretary or higher-level high-level staff person from within
  820  the agency or organization to serve as the REDI representative
  821  for the agency or organization:
  822         1. The Department of Community Affairs.
  823         2. The Department of Transportation.
  824         3. The Department of Environmental Protection.
  825         4. The Department of Agriculture and Consumer Services.
  826         5. The Department of State.
  827         6. The Department of Health.
  828         7. The Department of Children and Family Services.
  829         8. The Department of Corrections.
  830         9. The Agency for Workforce Innovation.
  831         10. The Department of Education.
  832         11. The Department of Juvenile Justice.
  833         12. The Fish and Wildlife Conservation Commission.
  834         13. Each water management district.
  835         14. Enterprise Florida, Inc.
  836         15. Workforce Florida, Inc.
  837         16. The Florida Commission on Tourism or VISIT Florida.
  838         17. The Florida Regional Planning Council Association.
  839         18. The Agency for Health Care Administration Florida State
  840  Rural Development Council.
  841         19. The Institute of Food and Agricultural Sciences (IFAS).
  842  
  843  An alternate for each designee shall also be chosen, and the
  844  names of the designees and alternates shall be sent to the
  845  director of the Office of Tourism, Trade, and Economic
  846  Development.
  847         (b) Each REDI representative must have comprehensive
  848  knowledge of his or her agency’s functions, both regulatory and
  849  service in nature, and of the state’s economic goals, policies,
  850  and programs. This person shall be the primary point of contact
  851  for his or her agency with REDI on issues and projects relating
  852  to economically distressed rural communities and with regard to
  853  expediting project review, shall ensure a prompt effective
  854  response to problems arising with regard to rural issues, and
  855  shall work closely with the other REDI representatives in the
  856  identification of opportunities for preferential awards of
  857  program funds and allowances and waiver of program requirements
  858  when necessary to encourage and facilitate long-term private
  859  capital investment and job creation.
  860         (c) The REDI representatives shall work with REDI in the
  861  review and evaluation of statutes and rules for adverse impact
  862  on rural communities and the development of alternative
  863  proposals to mitigate that impact.
  864         (d) Each REDI representative shall be responsible for
  865  ensuring that each district office or facility of his or her
  866  agency is informed about the Rural Economic Development
  867  Initiative and for providing assistance throughout the agency in
  868  the implementation of REDI activities.
  869         (7)(a) REDI may recommend to the Governor up to three rural
  870  areas of critical economic concern. A rural area of critical
  871  economic concern must be a rural community, or a region composed
  872  of such, that has been adversely affected by an extraordinary
  873  economic event or a natural disaster or that presents a unique
  874  economic development opportunity of regional impact that will
  875  create more than 1,000 jobs over a 5-year period. The Governor
  876  may by executive order designate up to three rural areas of
  877  critical economic concern which will establish these areas as
  878  priority assignments for REDI as well as to allow the Governor,
  879  acting through REDI, to waive criteria, requirements, or similar
  880  provisions of any economic development incentive. Such
  881  incentives shall include, but not be limited to: the Qualified
  882  Target Industry Tax Refund Program under s. 288.106, the Quick
  883  Response Training Program under s. 288.047, the Quick Response
  884  Training Program for participants in the welfare transition
  885  program under s. 288.047(8), transportation projects under s.
  886  288.063, the brownfield redevelopment bonus refund under s.
  887  288.107, and the rural job tax credit program under ss. 212.098
  888  and 220.1895.
  889         (b) Designation as a rural area of critical economic
  890  concern under this subsection shall be contingent upon the
  891  execution of a memorandum of agreement among the Office of
  892  Tourism, Trade, and Economic Development; the governing body of
  893  the county; and the governing bodies of any municipalities to be
  894  included within a rural area of critical economic concern. Such
  895  agreement shall specify the terms and conditions of the
  896  designation, including, but not limited to, the duties and
  897  responsibilities of the county and any participating
  898  municipalities to take actions designed to facilitate the
  899  retention and expansion of existing businesses in the area, as
  900  well as the recruitment of new businesses to the area.
  901         (c)Each rural area of critical economic concern may
  902  designate catalyst projects, provided that each catalyst project
  903  is specifically recommended by REDI, identified as a catalyst
  904  project by Enterprise Florida, Inc., and confirmed as a catalyst
  905  project by the Office of Tourism, Trade, and Economic
  906  Development. All state agencies and departments shall use all
  907  available tools and resources to the extent permissible by law
  908  to promote the creation and development of each catalyst project
  909  and the development of catalyst sites.
  910         (8) REDI shall submit a report to the Governor, the
  911  President of the Senate, and the Speaker of the House of
  912  Representatives each year on or before September February 1 on
  913  all REDI activities for the prior fiscal year. This report shall
  914  include a status report on all projects currently being
  915  coordinated through REDI, the number of preferential awards and
  916  allowances made pursuant to this section, the dollar amount of
  917  such awards, and the names of the recipients. The report shall
  918  also include a description of all waivers of program
  919  requirements granted. The report shall also include information
  920  as to the economic impact of the projects coordinated by REDI,
  921  and recommendations based on the review and evaluation of
  922  statutes and rules having an adverse impact on rural
  923  communities, and proposals to mitigate such adverse impacts.
  924         Section 9. Section 288.06561, Florida Statutes, is amended
  925  to read:
  926         288.06561 Reduction or waiver of financial match
  927  requirements.—Notwithstanding any other law, the member agencies
  928  and organizations of the Rural Economic Development Initiative
  929  (REDI), as defined in s. 288.0656(6)(a), shall review the
  930  financial match requirements for projects in rural areas as
  931  defined in s. 288.0656(2)(b).
  932         (1) Each agency and organization shall develop a proposal
  933  to waive or reduce the match requirement for rural areas.
  934         (2) Agencies and organizations shall ensure that all
  935  proposals are submitted to the Office of Tourism, Trade, and
  936  Economic Development for review by the REDI agencies.
  937         (3) These proposals shall be delivered to the Office of
  938  Tourism, Trade, and Economic Development for distribution to the
  939  REDI agencies and organizations. A meeting of REDI agencies and
  940  organizations must be called within 30 days after receipt of
  941  such proposals for REDI comment and recommendations on each
  942  proposal.
  943         (4) Waivers and reductions must be requested by the county
  944  or community, and such county or community must have three or
  945  more of the factors identified in s. 288.0656(2)(c)(a).
  946         (5) Any other funds available to the project may be used
  947  for financial match of federal programs when there is fiscal
  948  hardship, and the match requirements may not be waived or
  949  reduced.
  950         (6) When match requirements are not reduced or eliminated,
  951  donations of land, though usually not recognized as an in-kind
  952  match, may be permitted.
  953         (7) To the fullest extent possible, agencies and
  954  organizations shall expedite the rule adoption and amendment
  955  process if necessary to incorporate the reduction in match by
  956  rural areas in fiscal distress.
  957         (8) REDI shall include in its annual report an evaluation
  958  on the status of changes to rules, number of awards made with
  959  waivers, and recommendations for future changes.
  960         Section 10. Subsection (1) of section 288.0657, Florida
  961  Statutes, is amended to read:
  962         288.0657 Florida rural economic development strategy
  963  grants.—
  964         (1) As used in this section, the term “rural community”
  965  means:
  966         (a) A county with a population of 75,000 or fewer less.
  967         (b) A county with a population of 125,000 100,000 or fewer
  968  which less that is contiguous to a county with a population of
  969  75,000 or fewer less.
  970         (c) A municipality within a county described in paragraph
  971  (a) or paragraph (b).
  972  
  973  For purposes of this subsection, population shall be determined
  974  in accordance with the most recent official estimate pursuant to
  975  s. 186.901.
  976         Section 11. Paragraph (c) of subsection (2), paragraphs
  977  (a), (e), (f), (g), (h), (i), (j), and (k) of subsection (3),
  978  and paragraph (c) of subsection (5) of section 288.1045, Florida
  979  Statutes, are amended to read:
  980         288.1045 Qualified defense contractor and space flight
  981  business tax refund program.—
  982         (2) GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.—
  983         (c) A qualified applicant may not receive more than $5 $7.5
  984  million in tax refunds pursuant to this section in all fiscal
  985  years.
  986         (3) APPLICATION PROCESS; REQUIREMENTS; AGENCY
  987  DETERMINATION.—
  988         (a) To apply for certification as a qualified applicant
  989  pursuant to this section, an applicant must file an application
  990  with the office which satisfies the requirements of paragraphs
  991  (b) and (e), paragraphs (c) and (e), paragraphs (d) and (e), or
  992  paragraphs (e) and (j) (k). An applicant may not apply for
  993  certification pursuant to this section after a proposal has been
  994  submitted for a new Department of Defense contract, after the
  995  applicant has made the decision to consolidate an existing
  996  Department of Defense contract in this state for which such
  997  applicant is seeking certification, after a proposal has been
  998  submitted for a new space flight business contract in this
  999  state, after the applicant has made the decision to consolidate
 1000  an existing space flight business contract in this state for
 1001  which such applicant is seeking certification, or after the
 1002  applicant has made the decision to convert defense production
 1003  jobs to nondefense production jobs for which such applicant is
 1004  seeking certification.
 1005         (e) To qualify for review by the office, the application of
 1006  an applicant must, at a minimum, establish the following to the
 1007  satisfaction of the office:
 1008         1. The jobs proposed to be provided under the application,
 1009  pursuant to subparagraph (b)6., subparagraph (c)6., or
 1010  subparagraph (j)(k)6., must pay an estimated annual average wage
 1011  equaling at least 115 percent of the average wage in the area
 1012  where the project is to be located.
 1013         2. The consolidation of a Department of Defense contract
 1014  must result in a net increase of at least 25 percent in the
 1015  number of jobs at the applicant’s facilities in this state or
 1016  the addition of at least 80 jobs at the applicant’s facilities
 1017  in this state.
 1018         3. The conversion of defense production jobs to nondefense
 1019  production jobs must result in net increases in nondefense
 1020  employment at the applicant’s facilities in this state.
 1021         4. The Department of Defense contract or the space flight
 1022  business contract cannot allow the business to include the costs
 1023  of relocation or retooling in its base as allowable costs under
 1024  a cost-plus, or similar, contract.
 1025         5. A business unit of the applicant must have derived not
 1026  less than 60 percent of its gross receipts in this state from
 1027  Department of Defense contracts or space flight business
 1028  contracts over the applicant’s last fiscal year, and must have
 1029  derived not less than an average of 60 percent of its gross
 1030  receipts in this state from Department of Defense contracts or
 1031  space flight business contracts over the 5 years preceding the
 1032  date an application is submitted pursuant to this section. This
 1033  subparagraph does not apply to any application for certification
 1034  based on a contract for reuse of a defense-related facility.
 1035         6. The reuse of a defense-related facility must result in
 1036  the creation of at least 100 jobs at such facility.
 1037         7. A new space flight business contract or the
 1038  consolidation of a space flight business contract must result in
 1039  net increases in space flight business employment at the
 1040  applicant’s facilities in this state.
 1041         (f) Each application meeting the requirements of paragraphs
 1042  (b) and (e), paragraphs (c) and (e), paragraphs (d) and (e), or
 1043  paragraphs (e) and (j) (k) must be submitted to the office for a
 1044  determination of eligibility. The office shall review and
 1045  evaluate each application based on, but not limited to, the
 1046  following criteria:
 1047         1. Expected contributions to the state strategic economic
 1048  development plan adopted by Enterprise Florida, Inc., taking
 1049  into account the extent to which the project contributes to the
 1050  state’s high-technology base, and the long-term impact of the
 1051  project and the applicant on the state’s economy.
 1052         2. The economic benefit of the jobs created or retained by
 1053  the project in this state, taking into account the cost and
 1054  average wage of each job created or retained, and the potential
 1055  risk to existing jobs.
 1056         3. The amount of capital investment to be made by the
 1057  applicant in this state.
 1058         4. The local commitment and support for the project and
 1059  applicant.
 1060         5. The impact of the project on the local community, taking
 1061  into account the unemployment rate for the county where the
 1062  project will be located.
 1063         6. The dependence of the local community on the defense
 1064  industry or space flight business.
 1065         7. The impact of any tax refunds granted pursuant to this
 1066  section on the viability of the project and the probability that
 1067  the project will occur in this state if such tax refunds are
 1068  granted to the applicant, taking into account the expected long
 1069  term commitment of the applicant to economic growth and
 1070  employment in this state.
 1071         8. The length of the project, or the expected long-term
 1072  commitment to this state resulting from the project.
 1073         (g) Applications shall be reviewed and certified pursuant
 1074  to s. 288.061. The office shall forward its written findings and
 1075  evaluation on each application meeting the requirements of
 1076  paragraphs (b) and (e), paragraphs (c) and (e), paragraphs (d)
 1077  and (e), or paragraphs (e) and (k) to the director within 60
 1078  calendar days after receipt of a complete application. The
 1079  office shall notify each applicant when its application is
 1080  complete, and when the 60-day period begins. In its written
 1081  report to the director, the office shall specifically address
 1082  each of the factors specified in paragraph (f), and shall make a
 1083  specific assessment with respect to the minimum requirements
 1084  established in paragraph (e). The office shall include in its
 1085  report projections of the tax refunds the applicant would be
 1086  eligible to receive in each fiscal year based on the creation
 1087  and maintenance of the net new Florida jobs specified in
 1088  subparagraph (b)6., subparagraph (c)6., subparagraph (d)7., or
 1089  subparagraph (k)6. as of December 31 of the preceding state
 1090  fiscal year.
 1091         (h)Within 30 days after receipt of the office’s findings
 1092  and evaluation, the director shall issue a letter of
 1093  certification which either approves or disapproves an
 1094  application. The decision must be in writing and provide the
 1095  justifications for either approval or disapproval. If
 1096  appropriate, the director shall enter into a written agreement
 1097  with the qualified applicant pursuant to subsection (4).
 1098         (h)(i) The director may not certify any applicant as a
 1099  qualified applicant when the value of tax refunds to be included
 1100  in that letter of certification exceeds the available amount of
 1101  authority to certify new businesses as determined in s.
 1102  288.095(3). A letter of certification that approves an
 1103  application must specify the maximum amount of a tax refund that
 1104  is to be available to the contractor for each fiscal year and
 1105  the total amount of tax refunds for all fiscal years.
 1106         (i)(j) This section does not create a presumption that an
 1107  applicant should receive any tax refunds under this section.
 1108         (j)(k) Applications for certification based upon a new
 1109  space flight business contract or the consolidation of a space
 1110  flight business contract must be submitted to the office as
 1111  prescribed by the office and must include, but are not limited
 1112  to, the following information:
 1113         1. The applicant’s federal employer identification number,
 1114  the applicant’s Florida sales tax registration number, and a
 1115  signature of an officer of the applicant.
 1116         2. The permanent location of the space flight business
 1117  facility in this state where the project is or will be located.
 1118         3. The new space flight business contract number, the space
 1119  flight business contract numbers of the contract to be
 1120  consolidated, or the request-for-proposal number of a proposed
 1121  space flight business contract.
 1122         4. The date the contract was executed and the date the
 1123  contract is due to expire, is expected to expire, or was
 1124  canceled.
 1125         5. The commencement date for project operations under the
 1126  contract in this state.
 1127         6. The number of net new full-time equivalent Florida jobs
 1128  included in the project as of December 31 of each year and the
 1129  average wage of such jobs.
 1130         7. The total number of full-time equivalent employees
 1131  employed by the applicant in this state.
 1132         8. The percentage of the applicant’s gross receipts derived
 1133  from space flight business contracts during the 5 taxable years
 1134  immediately preceding the date the application is submitted.
 1135         9. The number of full-time equivalent jobs in this state to
 1136  be retained by the project.
 1137         10. A brief statement concerning the applicant’s need for
 1138  tax refunds and the proposed uses of such refunds by the
 1139  applicant.
 1140         11. A resolution adopted by the governing board of the
 1141  county or municipality in which the project will be located
 1142  which recommends the applicant be approved as a qualified
 1143  applicant and indicates that the necessary commitments of local
 1144  financial support for the applicant exist. Prior to the adoption
 1145  of the resolution, the county commission may review the proposed
 1146  public or private sources of such support and determine whether
 1147  the proposed sources of local financial support can be provided
 1148  or, for any applicant whose project is located in a county
 1149  designated by the Rural Economic Development Initiative, a
 1150  resolution adopted by the county commissioners of such county
 1151  requesting that the applicant’s project be exempt from the local
 1152  financial support requirement.
 1153         12. Any additional information requested by the office.
 1154         (5) ANNUAL CLAIM FOR REFUND.—
 1155         (c) A tax refund may not be approved for any qualified
 1156  applicant unless local financial support has been paid to the
 1157  Economic Development Trust Fund for that refund. If the local
 1158  financial support is less than 20 percent of the approved tax
 1159  refund, the tax refund shall be reduced. The tax refund paid may
 1160  not exceed 5 times the local financial support received. Funding
 1161  from local sources includes tax abatement under s. 196.1995 or
 1162  the appraised market value of municipal or county land,
 1163  including any improvements or structures, conveyed or provided
 1164  at a discount through a sale or lease to that applicant. The
 1165  amount of any tax refund for an applicant approved under this
 1166  section shall be reduced by the amount of any such tax abatement
 1167  granted or the value of the land granted, including the value of
 1168  any improvements or structures; and the limitations in
 1169  subsection (2) and paragraph (3)(h) shall be reduced by the
 1170  amount of any such tax abatement or the value of the land
 1171  granted, including any improvements or structures. A report
 1172  listing all sources of the local financial support shall be
 1173  provided to the office when such support is paid to the Economic
 1174  Development Trust Fund.
 1175         Section 12. Paragraphs (k) and (t) of subsection (1),
 1176  subsection (3), paragraph (b) of subsection (4), paragraph (c)
 1177  of subsection (5), and subsection (8) of section 288.106,
 1178  Florida Statutes, are amended to read:
 1179         288.106 Tax refund program for qualified target industry
 1180  businesses.—
 1181         (1) DEFINITIONS.—As used in this section:
 1182         (k) “Local financial support exemption option” means the
 1183  option to exercise an exemption from the local financial support
 1184  requirement available to any applicant whose project is located
 1185  in a brownfield area or a county with a population of 75,000 or
 1186  fewer or a county with a population of 125,000 100,000 or fewer
 1187  which is contiguous to a county with a population of 75,000 or
 1188  fewer. Any applicant that exercises this option shall not be
 1189  eligible for more than 80 percent of the total tax refunds
 1190  allowed such applicant under this section.
 1191         (t) “Rural community” means:
 1192         1. A county with a population of 75,000 or fewer less.
 1193         2. A county with a population of 125,000 100,000 or fewer
 1194  which less that is contiguous to a county with a population of
 1195  75,000 or fewer less.
 1196         3. A municipality within a county described in subparagraph
 1197  1. or subparagraph 2.
 1198  
 1199  For purposes of this paragraph, population shall be determined
 1200  in accordance with the most recent official estimate pursuant to
 1201  s. 186.901.
 1202         (3) APPLICATION AND APPROVAL PROCESS.—
 1203         (a) To apply for certification as a qualified target
 1204  industry business under this section, the business must file an
 1205  application with the office before the business has made the
 1206  decision to locate a new business in this state or before the
 1207  business had made the decision to expand an existing business in
 1208  this state. The application shall include, but is not limited
 1209  to, the following information:
 1210         1. The applicant’s federal employer identification number
 1211  and the applicant’s state sales tax registration number.
 1212         2. The permanent location of the applicant’s facility in
 1213  this state at which the project is or is to be located.
 1214         3. A description of the type of business activity or
 1215  product covered by the project, including four-digit SIC codes
 1216  for all activities included in the project.
 1217         4. The number of net new full-time equivalent Florida jobs
 1218  at the qualified target industry business as of December 31 of
 1219  each year included in the project and the average wage of those
 1220  jobs. If more than one type of business activity or product is
 1221  included in the project, the number of jobs and average wage for
 1222  those jobs must be separately stated for each type of business
 1223  activity or product.
 1224         5. The total number of full-time equivalent employees
 1225  employed by the applicant in this state.
 1226         6. The anticipated commencement date of the project.
 1227         7. A brief statement concerning the role that the tax
 1228  refunds requested will play in the decision of the applicant to
 1229  locate or expand in this state.
 1230         8. An estimate of the proportion of the sales resulting
 1231  from the project that will be made outside this state.
 1232         9. A resolution adopted by the governing board of the
 1233  county or municipality in which the project will be located,
 1234  which resolution recommends that certain types of businesses be
 1235  approved as a qualified target industry business and states that
 1236  the commitments of local financial support necessary for the
 1237  target industry business exist. In advance of the passage of
 1238  such resolution, the office may also accept an official letter
 1239  from an authorized local economic development agency that
 1240  endorses the proposed target industry project and pledges that
 1241  sources of local financial support for such project exist. For
 1242  the purposes of making pledges of local financial support under
 1243  this subsection, the authorized local economic development
 1244  agency shall be officially designated by the passage of a one
 1245  time resolution by the local governing authority.
 1246         10. Any additional information requested by the office.
 1247         (b) To qualify for review by the office, the application of
 1248  a target industry business must, at a minimum, establish the
 1249  following to the satisfaction of the office:
 1250         1. The jobs proposed to be provided under the application,
 1251  pursuant to subparagraph (a)4., must pay an estimated annual
 1252  average wage equaling at least 115 percent of the average
 1253  private sector wage in the area where the business is to be
 1254  located or the statewide private sector average wage. In
 1255  determining the average annual wage, the office shall include
 1256  only new proposed jobs, and wages for existing jobs shall be
 1257  excluded from this calculation. The office may waive the this
 1258  average wage requirement at the request of the local governing
 1259  body recommending the project and Enterprise Florida, Inc. The
 1260  wage requirement may only be waived for a project located in a
 1261  brownfield area designated under s. 376.80 or in a rural city or
 1262  county or in an enterprise zone and only when the merits of the
 1263  individual project or the specific circumstances in the
 1264  community in relationship to the project warrant such action. If
 1265  the local governing body and Enterprise Florida, Inc., make such
 1266  a recommendation, it must be transmitted in writing and the
 1267  specific justification for the waiver recommendation must be
 1268  explained. If the director elects to waive the wage requirement,
 1269  the waiver must be stated in writing and the reasons for
 1270  granting the waiver must be explained.
 1271         2. The target industry business’s project must result in
 1272  the creation of at least 10 jobs at such project and, if an
 1273  expansion of an existing business, must result in a net increase
 1274  in employment of at least not less than 10 percent at the such
 1275  business. Notwithstanding the definition of the term “expansion
 1276  of an existing business” in paragraph (1)(g), at the request of
 1277  the local governing body recommending the project and Enterprise
 1278  Florida, Inc., the office may define an “expansion of an
 1279  existing business” in a rural community or an enterprise zone as
 1280  the expansion of a business resulting in a net increase in
 1281  employment of less than 10 percent at such business if the
 1282  merits of the individual project or the specific circumstances
 1283  in the community in relationship to the project warrant such
 1284  action. If the local governing body and Enterprise Florida,
 1285  Inc., make such a request, the request it must be transmitted in
 1286  writing and the specific justification for the request must be
 1287  explained. If the director elects to grant the such request, the
 1288  grant such election must be stated in writing and the reason for
 1289  granting the request must be explained.
 1290         3. The business activity or product for the applicant’s
 1291  project is within an industry or industries that have been
 1292  identified by the office to be high-value-added industries that
 1293  contribute to the area and to the economic growth of the state
 1294  and that produce a higher standard of living for residents
 1295  citizens of this state in the new global economy or that can be
 1296  shown to make an equivalent contribution to the area and state’s
 1297  economic progress. The director must approve requests to waive
 1298  the wage requirement for brownfield areas designated under s.
 1299  376.80 unless it is demonstrated that such action is not in the
 1300  public interest.
 1301         (c) Each application meeting the requirements of paragraph
 1302  (b) must be submitted to the office for determination of
 1303  eligibility. The office shall review and evaluate each
 1304  application based on, but not limited to, the following
 1305  criteria:
 1306         1. Expected contributions to the state strategic economic
 1307  development plan adopted by Enterprise Florida, Inc., taking
 1308  into account the long-term effects of the project and of the
 1309  applicant on the state economy.
 1310         2. The economic benefit of the jobs created by the project
 1311  in this state, taking into account the cost and average wage of
 1312  each job created.
 1313         3. The amount of capital investment to be made by the
 1314  applicant in this state.
 1315         4. The local commitment and support for the project.
 1316         5. The effect of the project on the local community, taking
 1317  into account the unemployment rate for the county where the
 1318  project will be located.
 1319         6. The effect of any tax refunds granted pursuant to this
 1320  section on the viability of the project and the probability that
 1321  the project will be undertaken in this state if such tax refunds
 1322  are granted to the applicant, taking into account the expected
 1323  long-term commitment of the applicant to economic growth and
 1324  employment in this state.
 1325         7. The expected long-term commitment to this state
 1326  resulting from the project.
 1327         8. A review of the business’s past activities in this state
 1328  or other states, including whether such business has been
 1329  subjected to criminal or civil fines and penalties. Nothing in
 1330  This subparagraph does not shall require the disclosure of
 1331  confidential information.
 1332         (d) Applications shall be reviewed and certified pursuant
 1333  to s. 288.061. The office shall forward its written findings and
 1334  evaluation concerning each application meeting the requirements
 1335  of paragraph (b) to the director within 45 calendar days after
 1336  receipt of a complete application. The office shall notify each
 1337  target industry business when its application is complete, and
 1338  of the time when the 45-day period begins. In its written report
 1339  to the director, the office shall specifically address each of
 1340  the factors specified in paragraph (c) and shall make a specific
 1341  assessment with respect to the minimum requirements established
 1342  in paragraph (b). The office shall include in its review report
 1343  projections of the tax refunds the business would be eligible to
 1344  receive in each fiscal year based on the creation and
 1345  maintenance of the net new Florida jobs specified in
 1346  subparagraph (a)4. as of December 31 of the preceding state
 1347  fiscal year.
 1348         (e)1.Within 30 days after receipt of the office’s findings
 1349  and evaluation, the director shall issue a letter of
 1350  certification that either approves or disapproves the
 1351  application of the target industry business. The decision must
 1352  be in writing and must provide the justifications for approval
 1353  or disapproval.
 1354         2. If appropriate, the director shall enter into a written
 1355  agreement with the qualified target industry business pursuant
 1356  to subsection (4).
 1357         (e)(f) The director may not certify any target industry
 1358  business as a qualified target industry business if the value of
 1359  tax refunds to be included in that letter of certification
 1360  exceeds the available amount of authority to certify new
 1361  businesses as determined in s. 288.095(3). However, if the
 1362  commitments of local financial support represent less than 20
 1363  percent of the eligible tax refund payments, or to otherwise
 1364  preserve the viability and fiscal integrity of the program, the
 1365  director may certify a qualified target industry business to
 1366  receive tax refund payments of less than the allowable amounts
 1367  specified in paragraph (2)(b). A letter of certification that
 1368  approves an application must specify the maximum amount of tax
 1369  refund that will be available to the qualified industry business
 1370  in each fiscal year and the total amount of tax refunds that
 1371  will be available to the business for all fiscal years.
 1372         (f)(g)Nothing in This section does not shall create a
 1373  presumption that an applicant shall will receive any tax refunds
 1374  under this section. However, the office may issue nonbinding
 1375  opinion letters, upon the request of prospective applicants, as
 1376  to the applicants’ eligibility and the potential amount of
 1377  refunds.
 1378         (4) TAX REFUND AGREEMENT.—
 1379         (b) Compliance with the terms and conditions of the
 1380  agreement is a condition precedent for the receipt of a tax
 1381  refund each year. The failure to comply with the terms and
 1382  conditions of the tax refund agreement results in the loss of
 1383  eligibility for receipt of all tax refunds previously authorized
 1384  under this section and the revocation by the director of the
 1385  certification of the business entity as a qualified target
 1386  industry business, unless the business is eligible to receive
 1387  and elects to accept a prorated refund under paragraph (5)(d) or
 1388  the office grants the business an economic-stimulus exemption.
 1389         1. A qualified target industry business may submit, in
 1390  writing, a request to the office for an economic-stimulus
 1391  exemption. The request must provide quantitative evidence
 1392  demonstrating how negative economic conditions in the business’s
 1393  industry, the effects of the impact of a named hurricane or
 1394  tropical storm, or specific acts of terrorism affecting the
 1395  qualified target industry business have prevented the business
 1396  from complying with the terms and conditions of its tax refund
 1397  agreement.
 1398         2. Upon receipt of a request under subparagraph 1., the
 1399  director shall have 45 days to notify the requesting business,
 1400  in writing, if its exemption has been granted or denied. In
 1401  determining if an exemption should be granted, the director
 1402  shall consider the extent to which negative economic conditions
 1403  in the requesting business’s industry have occurred in the state
 1404  or, the effects of the impact of a named hurricane or tropical
 1405  storm, or specific acts of terrorism affecting the qualified
 1406  target industry business have prevented the business from
 1407  complying with the terms and conditions of its tax refund
 1408  agreement. The office shall consider current employment
 1409  statistics for this state by industry, including whether the
 1410  business’s industry had substantial job loss during the prior
 1411  year, when determining whether an exemption shall be granted.
 1412         3. As a condition for receiving a prorated refund under
 1413  paragraph (5)(d) or an economic-stimulus exemption under this
 1414  paragraph, a qualified target industry business must agree to
 1415  renegotiate its tax refund agreement with the office to, at a
 1416  minimum, ensure that the terms of the agreement comply with
 1417  current law and office procedures governing application for and
 1418  award of tax refunds. Upon approving the award of a prorated
 1419  refund or granting an economic-stimulus exemption, the office
 1420  shall renegotiate the tax refund agreement with the business as
 1421  required by this subparagraph. When amending the agreement of a
 1422  business receiving an economic-stimulus exemption, the office
 1423  may extend the duration of the agreement for a period not to
 1424  exceed 2 years.
 1425         4. A qualified target industry business may submit a
 1426  request for an economic-stimulus exemption to the office in lieu
 1427  of any tax refund claim scheduled to be submitted after January
 1428  1, 2009 2005, but before July 1, 2011 2006.
 1429         5. A qualified target industry business that receives an
 1430  economic-stimulus exemption may not receive a tax refund for the
 1431  period covered by the exemption.
 1432         (5) ANNUAL CLAIM FOR REFUND.—
 1433         (c) A tax refund may not be approved for a qualified target
 1434  industry business unless the required local financial support
 1435  has been paid into the account for that refund. If the local
 1436  financial support provided is less than 20 percent of the
 1437  approved tax refund, the tax refund must be reduced. In no event
 1438  may the tax refund exceed an amount that is equal to 5 times the
 1439  amount of the local financial support received. Further, funding
 1440  from local sources includes any tax abatement granted to that
 1441  business under s. 196.1995 or the appraised market value of
 1442  municipal or county land conveyed or provided at a discount to
 1443  that business. The amount of any tax refund for such business
 1444  approved under this section must be reduced by the amount of any
 1445  such tax abatement granted or the value of the land granted; and
 1446  the limitations in subsection (2) and paragraph (3)(e)(f) must
 1447  be reduced by the amount of any such tax abatement or the value
 1448  of the land granted. A report listing all sources of the local
 1449  financial support shall be provided to the office when such
 1450  support is paid to the account.
 1451         (8) EXPIRATION.—An applicant may not be certified as
 1452  qualified under this section after June 30, 2010. A tax refund
 1453  agreement existing on that date shall continue in effect in
 1454  accordance with its terms.
 1455         Section 13. Paragraph (e) of subsection (1), paragraph (b)
 1456  of subsection (3), and paragraph (f) of subsection (4) of
 1457  section 288.107, Florida Statutes, are amended, and paragraph
 1458  (e) is added to subsection (3) of that section, to read:
 1459         288.107 Brownfield redevelopment bonus refunds.—
 1460         (1) Definitions.— As used in this section:
 1461         (e) “Eligible business” means:
 1462         1. A qualified target industry business as defined in s.
 1463  288.106(1)(o); or
 1464         2. A business that can demonstrate a fixed capital
 1465  investment of at least $2 million in mixed-use business
 1466  activities, including multiunit housing, commercial, retail, and
 1467  industrial in brownfield areas, or at least $500,000 in
 1468  brownfield areas that do not require site cleanup, and which
 1469  provides benefits to its employees.
 1470         (3) CRITERIA.—The minimum criteria for participation in the
 1471  brownfield redevelopment bonus refund are:
 1472         (b) The completion of a fixed capital investment of at
 1473  least $2 million in mixed-use business activities, including
 1474  multiunit housing, commercial, retail, and industrial in
 1475  brownfield areas, or at least $500,000 in brownfield areas that
 1476  do not require site cleanup, by an eligible business applying
 1477  for a refund under paragraph (2)(b) which provides benefits to
 1478  its employees.
 1479         (e)A resolution adopted by the governing board of the
 1480  county or municipality in which the project will be located that
 1481  recommends that certain types of businesses be approved.
 1482         (4) PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.—
 1483         (f) Applications shall be reviewed and certified pursuant
 1484  to s. 288.061. The office shall review all applications
 1485  submitted under s. 288.106 or other similar application forms
 1486  for other eligible businesses as defined in paragraph (1)(e)
 1487  which indicate that the proposed project will be located in a
 1488  brownfield and determine, with the assistance of the Department
 1489  of Environmental Protection, that the project location is within
 1490  a brownfield as provided in this act.
 1491         Section 14. Paragraphs (b), (c), and (d) of subsection (5)
 1492  and subsections (7) and (8) of section 288.108, Florida
 1493  Statutes, are amended to read:
 1494         288.108 High-impact business.—
 1495         (5) APPLICATIONS; CERTIFICATION PROCESS; GRANT AGREEMENT.—
 1496         (b) Applications shall be reviewed and certified pursuant
 1497  to s. 288.061. Enterprise Florida, Inc., shall review each
 1498  submitted application and inform the applicant business whether
 1499  or not its application is complete within 10 working days. Once
 1500  the application is deemed complete, Enterprise Florida, Inc.,
 1501  has 10 working days within which to evaluate the application and
 1502  recommend approval or disapproval of the application to the
 1503  director. In recommending an applicant business for approval,
 1504  Enterprise Florida, Inc., shall include a recommended grant
 1505  award amount in its evaluation forwarded to the office.
 1506         (c)Upon receipt of the evaluation and recommendation of
 1507  Enterprise Florida, Inc., the director has 5 working days to
 1508  enter a final order that either approves or disapproves an
 1509  applicant business as a qualified high-impact business facility,
 1510  unless the business requests an extension of the time. The final
 1511  order shall specify the total amount of the qualified high
 1512  impact business facility performance grant award, the
 1513  performance conditions that must be met to obtain the award, and
 1514  the schedule for payment of the performance grant.
 1515         (c)(d) The director and the qualified high-impact business
 1516  shall enter into a performance grant agreement setting forth the
 1517  conditions for payment of the qualified high-impact business
 1518  performance grant. The agreement shall include the total amount
 1519  of the qualified high-impact business facility performance grant
 1520  award, the performance conditions that must be met to obtain the
 1521  award, including the employment, average salary, investment, the
 1522  methodology for determining if the conditions have been met, and
 1523  the schedule of performance grant payments.
 1524         (7)REPORTING.—The office shall by December 1 of each year
 1525  issue a complete and detailed report of all designated high
 1526  impact sectors, all applications received and their disposition,
 1527  all final orders issued, and all payments made, including
 1528  analyses of benefits and costs, types of projects supported, and
 1529  employment and investments created. The report shall be
 1530  submitted to the Governor, the President of the Senate, and the
 1531  Speaker of the House of Representatives.
 1532         (7)(8) RULEMAKING.—The office may adopt rules necessary to
 1533  carry out the provisions of this section.
 1534         Section 15. Paragraphs (a), (b), and (c) of subsection (3)
 1535  of section 288.1088, Florida Statutes, are amended to read:
 1536         288.1088 Quick Action Closing Fund.—
 1537         (3)(a) Enterprise Florida, Inc., shall review applications
 1538  pursuant to s. 288.061 and determine eligibility of each project
 1539  consistent with the criteria in subsection (2). Enterprise
 1540  Florida, Inc., in consultation with the Office of Tourism,
 1541  Trade, and Economic Development, may waive these criteria based
 1542  on extraordinary circumstances or in rural areas of critical
 1543  economic concern if the project would significantly benefit the
 1544  local or regional economy. Enterprise Florida, Inc., shall
 1545  evaluate individual proposals for high-impact business
 1546  facilities and forward recommendations regarding the use of
 1547  moneys in the fund for such facilities to the director of the
 1548  Office of Tourism, Trade, and Economic Development. Such
 1549  evaluation and recommendation must include, but need not be
 1550  limited to:
 1551         1. A description of the type of facility or infrastructure,
 1552  its operations, and the associated product or service associated
 1553  with the facility.
 1554         2. The number of full-time-equivalent jobs that will be
 1555  created by the facility and the total estimated average annual
 1556  wages of those jobs or, in the case of privately developed rural
 1557  infrastructure, the types of business activities and jobs
 1558  stimulated by the investment.
 1559         3. The cumulative amount of investment to be dedicated to
 1560  the facility within a specified period.
 1561         4. A statement of any special impacts the facility is
 1562  expected to stimulate in a particular business sector in the
 1563  state or regional economy or in the state’s universities and
 1564  community colleges.
 1565         5. A statement of the role the incentive is expected to
 1566  play in the decision of the applicant business to locate or
 1567  expand in this state or for the private investor to provide
 1568  critical rural infrastructure.
 1569         6. A report evaluating the quality and value of the company
 1570  submitting a proposal. The report must include:
 1571         a. A financial analysis of the company, including an
 1572  evaluation of the company’s short-term liquidity ratio as
 1573  measured by its assets to liability, the company’s profitability
 1574  ratio, and the company’s long-term solvency as measured by its
 1575  debt-to-equity ratio;
 1576         b. The historical market performance of the company;
 1577         c. A review of any independent evaluations of the company;
 1578         d. A review of the latest audit of the company’s financial
 1579  statement and the related auditor’s management letter; and
 1580         e. A review of any other types of audits that are related
 1581  to the internal and management controls of the company.
 1582         (b) Within 22 calendar days after receiving Upon receipt of
 1583  the evaluation and recommendation from Enterprise Florida, Inc.,
 1584  the director shall recommend to the Governor approval or
 1585  disapproval of a project for receipt of funds from the Quick
 1586  Action Closing Fund to the Governor. In recommending a project,
 1587  the director shall include proposed performance conditions that
 1588  the project must meet to obtain incentive funds. The Governor
 1589  shall provide the evaluation of projects recommended for
 1590  approval to the President of the Senate and the Speaker of the
 1591  House of Representatives and consult with the President of the
 1592  Senate and the Speaker of the House of Representatives before
 1593  giving final approval for a project. The Executive Office of the
 1594  Governor shall recommend approval of a project and the release
 1595  of funds pursuant to the legislative consultation and review
 1596  requirements set forth in s. 216.177. The recommendation must
 1597  include proposed performance conditions that the project must
 1598  meet in order to obtain funds.
 1599         (c) Upon the approval of the Governor, the director of the
 1600  Office of Tourism, Trade, and Economic Development and the
 1601  business shall enter into a contract that sets forth the
 1602  conditions for payment of moneys from the fund. The contract
 1603  must include the total amount of funds awarded; the performance
 1604  conditions that must be met to obtain the award, including, but
 1605  not limited to, net new employment in the state, average salary,
 1606  and total capital investment; demonstrate a baseline of current
 1607  service and a measure of enhanced capability; the methodology
 1608  for validating performance; the schedule of payments from the
 1609  fund; and sanctions for failure to meet performance conditions.
 1610  The contract must provide that payment of moneys from the fund
 1611  is contingent upon sufficient appropriation of funds by the
 1612  Legislature and upon sufficient release of appropriated funds by
 1613  the Legislative Budget Commission.
 1614         Section 16. Subsection (2) of section 257.193, Florida
 1615  Statutes, is amended to read:
 1616         257.193 Community Libraries in Caring Program.—
 1617         (2) The purpose of the Community Libraries in Caring
 1618  Program is to assist libraries in rural communities, as defined
 1619  in s. 288.0656(2)(b) and subject to the provisions of s.
 1620  288.06561, to strengthen their collections and services, improve
 1621  literacy in their communities, and improve the economic
 1622  viability of their communities.
 1623         Section 17. Section 288.019, Florida Statutes, is amended
 1624  to read:
 1625         288.019 Rural considerations in grant review and evaluation
 1626  processes.—Notwithstanding any other law, and to the fullest
 1627  extent possible, the member agencies and organizations of the
 1628  Rural Economic Development Initiative (REDI) as defined in s.
 1629  288.0656(6)(a) shall review all grant and loan application
 1630  evaluation criteria to ensure the fullest access for rural
 1631  counties as defined in s. 288.0656(2)(b) to resources available
 1632  throughout the state.
 1633         (1) Each REDI agency and organization shall review all
 1634  evaluation and scoring procedures and develop modifications to
 1635  those procedures which minimize the impact of a project within a
 1636  rural area.
 1637         (2) Evaluation criteria and scoring procedures must provide
 1638  for an appropriate ranking based on the proportionate impact
 1639  that projects have on a rural area when compared with similar
 1640  project impacts on an urban area.
 1641         (3) Evaluation criteria and scoring procedures must
 1642  recognize the disparity of available fiscal resources for an
 1643  equal level of financial support from an urban county and a
 1644  rural county.
 1645         (a) The evaluation criteria should weight contribution in
 1646  proportion to the amount of funding available at the local
 1647  level.
 1648         (b) In-kind match should be allowed and applied as
 1649  financial match when a county is experiencing financial distress
 1650  through elevated unemployment at a rate in excess of the state’s
 1651  average by 5 percentage points or because of the loss of its ad
 1652  valorem base.
 1653         (4) For existing programs, the modified evaluation criteria
 1654  and scoring procedure must be delivered to the Office of
 1655  Tourism, Trade, and Economic Development for distribution to the
 1656  REDI agencies and organizations. The REDI agencies and
 1657  organizations shall review and make comments. Future rules,
 1658  programs, evaluation criteria, and scoring processes must be
 1659  brought before a REDI meeting for review, discussion, and
 1660  recommendation to allow rural counties fuller access to the
 1661  state’s resources.
 1662         Section 18. Paragraph (d) of subsection (15) of section
 1663  627.6699, Florida Statutes, is amended to read:
 1664         627.6699 Employee Health Care Access Act.—
 1665         (15) SMALL EMPLOYERS ACCESS PROGRAM.—
 1666         (d) Eligibility.—
 1667         1. Any small employer that is actively engaged in business,
 1668  has its principal place of business in this state, employs up to
 1669  25 eligible employees on business days during the preceding
 1670  calendar year, employs at least 2 employees on the first day of
 1671  the plan year, and has had no prior coverage for the last 6
 1672  months may participate.
 1673         2. Any municipality, county, school district, or hospital
 1674  employer located in a rural community as defined in s.
 1675  288.0656(2)(b) may participate.
 1676         3. Nursing home employers may participate.
 1677         4. Each dependent of a person eligible for coverage is also
 1678  eligible to participate.
 1679  
 1680  Any employer participating in the program must do so until the
 1681  end of the term for which the carrier providing the coverage is
 1682  obligated to provide such coverage to the program. Coverage for
 1683  a small employer group that ceases to meet the eligibility
 1684  requirements of this section may be terminated at the end of the
 1685  policy period for which the necessary premiums have been paid.
 1686         Section 19. Subsection (8) is added to section 288.9015,
 1687  Florida Statutes, to read:
 1688         288.9015 Enterprise Florida, Inc.; purpose; duties.—
 1689         (8)Enterprise Florida, Inc., shall be responsible for
 1690  responding to all inquiries related to Florida’s business
 1691  requirements, economic incentives, and business development
 1692  opportunities.
 1693         Section 20. Subsection (2) of section 288.9622, Florida
 1694  Statutes, is amended to read:
 1695         288.9622 Findings and intent.—
 1696         (2) It is the intent of the Legislature that ss. 288.9621
 1697  288.9625 serve to mobilize private investment in a broad variety
 1698  of venture capital partnerships in diversified industries and
 1699  geographies; retain private sector investment criteria focused
 1700  on rate of return; use the services of highly qualified managers
 1701  in the venture capital industry regardless of location;
 1702  facilitate the organization of the Florida Opportunity Fund as
 1703  an a fund-of-funds investor in seed and early stage businesses,
 1704  infrastructure projects, venture capital funds, and angel funds;
 1705  and precipitate capital investment and extensions of credit to
 1706  and in the Florida Opportunity Fund.
 1707         Section 21. Subsection (4) and paragraph (a) of subsection
 1708  (5) of section 288.9624, Florida Statutes, are amended to read
 1709         288.9624 Florida Opportunity Fund; creation; duties.—
 1710         (4) For the purpose of mobilizing investment in a broad
 1711  variety of Florida-based, new technology companies and
 1712  generating a return sufficient to continue reinvestment, the
 1713  fund shall:
 1714         (a) Invest directly only in seed and early stage venture
 1715  capital funds that have experienced managers or management teams
 1716  with demonstrated experience, expertise, and a successful
 1717  history in the investment of venture capital funds, focusing on
 1718  opportunities in this state. The fund also may not make direct
 1719  investments, including loans, in individual businesses and
 1720  infrastructure projects. While not precluded from investing in
 1721  venture capital funds that have investments outside this state,
 1722  the fund must require a venture capital fund to show a record of
 1723  successful investment in this state, to be based in this state,
 1724  or to have an office in this state staffed with a full-time,
 1725  professional venture investment executive in order to be
 1726  eligible for investment.
 1727         (b) Negotiate for investment capital or loan proceeds from
 1728  private, institutional, or banking sources.
 1729         (c) Negotiate any and all terms and conditions for its
 1730  investments.
 1731         (d) Invest only in funds, businesses, and infrastructure
 1732  projects that have raised capital from other sources so that the
 1733  amount invested in such funds, businesses, or infrastructure
 1734  projects an entity in this state is at least twice the amount
 1735  invested by the fund. Direct investments must be made in Florida
 1736  infrastructure projects or businesses that are Florida-based or
 1737  have significant business activities in Florida and operate in
 1738  technology sectors that are strategic to Florida companies,
 1739  including, but not limited to, enterprises in life sciences,
 1740  information technology, advanced manufacturing processes,
 1741  aviation and aerospace, and homeland security and defense, as
 1742  well as other strategic technologies.
 1743         (e)Form or operate other entities and accept additional
 1744  funds from other public and private sources to further its
 1745  purpose.
 1746  
 1747  The Opportunity Fund may not use its original legislative
 1748  appropriation of $29.5 million for direct investments, including
 1749  loans, in businesses or infrastructure projects, or for any
 1750  purpose not specified in chapter 2007-189, Laws of Florida.
 1751         (5) By December 1 of each year, the board shall issue an
 1752  annual report concerning the activities conducted by the fund to
 1753  the Governor, the President of the Senate, and the Speaker of
 1754  the House of Representatives. The annual report, at a minimum,
 1755  must include:
 1756         (a) An accounting of the amount of investments disbursed by
 1757  the fund and the progress of the fund, including the progress of
 1758  business and infrastructure projects that have been provided
 1759  direct investment by the fund.
 1760         Section 22. This act shall take effect July 1, 2009.
 1761